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Covenant Regarding Real Property 1995-0018834 RECORDING REQUEST BY: CITY OF POWA Y WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWA Y POBOX 789 POWAY CA 92074-0789 No Transfer Tax Due ) ) ) ) ) ) ) ) ) ) ) ) pqt . 1995-0018834 1;-JAH-1995 09-34 AM IJFICIAl RECIIIDS StIH DIEGO CIIIITY RECtllDER' 5 IfFICE GREDY snITH, CIIIITY RECORDER RFI 1l.00 FEES' (f. 15.00 /IF I 1.00 1242 28.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Daniel Beringhause ("OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 317-021-05 & 27 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 88-02R (M) by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit BJ. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that Conditional Use Permit 88-02R (M) expires or IS rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. If either party IS required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this Covenant against OWNER. Dated: .Jh, (0, (?? 5" Dated: /&-/3-7</ ~ CITY OF POWAY By: ~ tJ~- t/~~ 1243 LEGAL DESCRIPTION THE lAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THE SOUTHERLY 100.00 FEET OF THE NORTHERLY 370.00 FEET OF THE EASTERLY 370.00 FEET OF LOT 26 IN TRACT F OF POWAY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 7, 1888. SAID NORTHERLY AND EASTERLY 370.00 FEET BEING MEASURED ALONG THE NORTHERLY AND EASTERLY LINES OF SAID LOT 26. EXCEPTING THEREFROM THE EASTERLY 16.00 FEET THEREOF. EXHIBIT A CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 State of County of {lI9L/ Ie:: 0 )Z;J / A S4,,; DIEGO 1244 On ! - /0 - 9 S- before me:-Q s. 130c/. DATE N ME, TITLE OF OFFICER - E.G., "JANE DO personally appearedU (J 11 " P / '""R €. r " n 0, h a. u ~ e N~E(S) OF SIGNER(S) o personally known to me - OR -18r'proved to me on the basis of satisfactory evidence to be the personW whose namets) islaw subscribed to the within instrument and ac- knowledged to me that he/stteftttey executed the same in his/her/their authorized capacity(i-e-s), and that by his/ttcr/ttleir signature(st on the instrument the person(sj, or the entity upon behalf of which the personfs.) acted, executed the instrument. Rbi! L IC" ........Jt"..-...-.-..A...A............t TAMMY S. BOCKllESS 'U CaIrm. . 1020293 ~ . NOTMYI'IBJC-~... s.......~ .. ,.,canm.E1qIirts"",.26,1998'" WITNESS my hand and official seal. }~S, ~~~~_ ~ () SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ~ INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT o PARTNER(S) o LIMITED o GENERAL Co II €At1 cur+k: e~OvV'd \ ~ i) !")JIl..E;, OR TYPE DOCUM I,ee<.\ . 1fO?-er 'i d---- TITLE(S) o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES ) - (D-Cj => DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184 c' I' " . 1245 "'''''' RESOLUTION NO, p-94-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CUP SS-02(R)M ASSESSOR'S PARCEL NUMBER 317-021-05 & 27 WHEREAS, Conditional Use Permit B8-02 (R)M was submitted by Fun Truckin'jRobert Brownfeld, applicant, for the purpose of establishing a specialty truck parts sales, showroom, and installation business located at 13510 Pomerado Road and came before the ~ity Council on December 13, 1994; and WHEREAS, the Director of Planning Services has recommended approval of the project, subject to all conditions set forth in the Planning Department report; and WHEREAS, the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinos: The City Council finds that the previously issued Negative Declaration adequately discusses the environmental concerns of this project. Section 2: Findinos: 1. The proposed project is consistent with the general plan in that it is a retail truck parts sales and installation use which is permitted in the Commerc i a 1 General zone with a cond it i ona 1 use permit. 2. That the location, size, design and operating characteristics of the proposed use will be compatible with adjacent uses; in that the proposed truck specialty parts business adjoins other commercial uses on two sides, and where it adjoins residential uses, the original conditions of approval required construction of an eight-foot masonry wall and a landscape buffer to separate the two uses. 3. That the harmony in scale, bulk, coverage and density is consistent with the adjacent uses; in that the proposed truck specialty parts business is to be located in an existing building. 4. That there are available public facilities. services and utilities to serve this project. <f 5. That there I.ill be no harmful effect upon desirable neighborhood characteristics as the project's activities will be buffered from adjacent residents by walls, setbacks, landscaping and hours of operation between 7:30 a.m. and 6:00 p.rn, EXHIBIT B -" 1246 Resolution No, P-94-62 Page 2 6, That the generation of traffic will not adversely Impact the surrounding street and/or the City's Circulation Element; In that the Circulation Element anticipated a commercial use on this site and the levels of traff1c generated by this project will not exceed normally expected levels of use. 7. That the site is suitable for the type and intensity of use or development which is proposed; in that the proposed business is to be located inside an existing building and parking facilities are adequate based on the installation of truck parts by appointment only. 8. That there will not be significant harmful effects upon environmental quality and natural resources in that; the site does not contain significant natural features or resources due to previous disturbance and to the fact that it is surrounded by existing commercial and residential development on all sides. 9. That there are no other relevant negative impacts of the proposed use that cannot be mitigated because the conditions of approval include mitigation measures which address all potential impacts. Section 3: Citv Council Decision: The City Council hereby approves CUP 88-02(R)M subject to the following conditions: Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the conditions of approval, or the Planning Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification or revocation of the use permit. The applicant shall comply with all of the applicable conditions of' approval contained in City Council Resolution P-90-95 and related resolutions. . .' "~ Resolution No, p-94-62 J 24 '? Page 3 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. SITE DEVELOPMENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 3. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 4. Prior to any use of the project site or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 5. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. 6. For a new commercial or industrial development, or addition to an existing development, the applicant shall pay development fees at established rate. Such fees may include, but not be limited to: and Plan Checking Fees, Water and Sewer Service Fees. These fees be paid. the Permit shall 7. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast with their background color. ~. No mechanical service on trucks is allowed within the building. Any such work shall be referred to an adjacent building where mechanical service is authorized and with oil interceptor devices in place. 9. Installation of truck parts shall occur within the building only. Hours of operation shall be between 7:30 a.m. and 6:00 p.m. 10. This approval shall become nLlll and void if building permits are not issued for this project within two years from the date of project approva 1. "~. 1248 Resolution No. P-94-62 Page 4 PARKING AND VEHICULAR ACCE~~ Parking shall be monitored every three months for the first year for compliance with the parking availability of the auto center. If the amount of parking allocated to this use exceeds the available number of spaces, revisions to the business to reduce the parking demand will be negotiated with the applicant or the matter referred to the City Council as an annual review. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. Existing signage for the adjacent business under the same ownership shall comply with the sign ordinance within 30 days of Council action. EXISTING STRUCTURES Existing building(s) shall be made to comply with current building and zoning regulations for the intended use. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIREO. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. Submit plan for alterations to existing sprinkler systems based on sprinkler spacing for new wall construction. Submit tenant improvement construction plan through Building Division for detail review of construction. APPROVED and ADOPTED by the City Council of the City of Poway, State of Cal ifornia, this 13th day of December, 1994. ~ ~ on Higginson, A nEST: I hereby certify, under the penalty 01 perjury, that the above and loregoing is a true and corred copy of Resolution Nof-7'LJ-6:2, as adopted by the City Council of Poway ~alifornia on the J 3 ti-.. day of ~ ,'9~. MARJORIE K. W AHLSTEN, CITY CLERK by~~ 4i r r Resolution No, P-94-62 Page 5 1249 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) SS. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-94-62 , was duly adopted by the City Council at a meeting of said City Council held on the 13th day of December , 1994, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON NONE NONE NONE e:\city\planning\report\cup8802m.res