Loading...
Covenant Regarding Real Property 1994-0585100 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 ) ) I ) ) ) ) ) . ) " , ) ) ) ) 2174 r~c n 1994-0585100 04-OCT-1994 09=02 AM OFFICIAL RECOROS SAH DIEGO COUHTY RECORDER'S OFFICE GREGORY SMITH, COUHTY RECORDER RF: 14.00 FEES: AF: 19.00 MF: 1. 00 34.00 \ !{?(l L (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY CJ. Poway Ltd, A California Limite~ Partnership ("OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached h~reto and made a part hereof and which is commonly known as Assessor's Parcel Number 317-28-115 & 1116 ("PROPERTY" hereinafter). In consideration of the approval of Specific Plan Amendment 84-01X, Condltlon~1 Use Permit 94-12 and Development Review 94-03 by the City of Poway ("CITY' hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit B). 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the event that Specific Plan Am$ndment 84-01X, Conditional Use Permit 94-12 and Development Review 94-03 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPEjRTY. If either party is required to Incur cQsts 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: q - 2-0, - I} <-I Dated ~ dO - 7'</ xOL?. ~Poway LTD, A California Partnership OWNER (Notarize) ClITY OF POWAY i I By ~ t;~ -t/~*'- LEGAL DESCRIPTION 217- . ~ THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 98 AND 99 OF CITY OF POWAY TRACT 85-04, UNIT 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO~ STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12572, FILED INrTHE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1990 AS FILE NO. 90-107515 OF OFFICIAL RECORDS. EXHIBIT A ~ . CALIFORNIA ALL.PURPOSIr:. ACKNOWLEDGMENT 2176 No. 5907 On befor~ me, ~ E.R~~'~~'::F:CE~:~ DD~~~~:';,BLlC- Sa..m ~ 4. er-~ N M S) OF SIGNER(S) ~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person~ whose name~ is1Me. subscribed to the within instrument and ac- knowledged to me that he/!3~eithey executed the same in hisAH!I/ti,eil authorized capacity(~ and that by his/hel/ti,,;;,ir signature~ on the instrument the persorW3'), or the entity upon behalf of which the person~ acted, executed the instrument. (!..o.,{;f,y I1k oIL Su... Oi l1f 9/iLqI9f- DATE State of County of personally appeared I e L.E. RICHARDSON I - . COMM. * 971242 ." S ..: NOTARY PUBLIC-CALIFORNIA S .. .' . SAN DIEGO COUNTY - I My Comm. Exp. Aug. 14, 1996 I ~~ WITNESS my hand and official seal. -b'/'A'~ A .A J.,1..".." ~ SIGNATURE OF NOTARY I OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent traudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL 00 CORPORATE OFFICER 'P(e \:oj a .t.....t DESCRIPTION OF ATTACHED DOCUMENT TITLE{S) ~~ 'R~~ f4AL~~ TITLE OR E OF DOCUMENT o PARTNER(S) o LIMITED o GENERAL <-..3 o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES 9k,/1-f- DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Q. . F. ?OMe..rili, ~,-, ~ OotluAJ... C?0v\.~ SIGNER(S) OTHER THAN NAMED ABOVE @1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 2177 RESOLUTION NO. P-94- 49 A RESo0uTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL U$E PERMIT 94-12 & DEVELOPMENT REVIEW 94-03 ASSESSOR'S ~ARCEL NUMBER 317-28-115 & 116 WHEREAS, Conditional Use Permit 94-12 and Development Review 94-03 submitted by Karnak Architecture/Planning and Hank Mathews, applicants, requests approval to allow a lighted practice golf range with six fairways, 70 tees on three levels, putting greens, pro shop and related facilities. WHEREAS, on September 20, 1994, the City Council held a duly advertised public hearin9 to solicit comments from the public, both pro and con, relative to this application; NOW, THEREFORE, the City Council does hereby resolve as follows: Section I: Environmental Findinqs: The previously certified Final EIR and Final Subsequent EIR for the South Poway Specific Plan assumed that LI and IP designated sites would be developed with a variety of industrial uses as well as some intensive commercial uses. This outdoor recreational use will generate less traffic and have less environmental impacts than construction of light industrial buildings on the site at a coverage rate of 35 to 40 percent (the typical range for lots within the business park). The analysis contained in those documents adequately adGlress the potential environmental impacts of the proposed conditional use permit and development review, and no further environmental review is necessary. Section 2: Findinqs: Conditional Use Permit I. The proposed project is consistent with the South Poway Specific Plan as amended by Specific Plan Amendment 84-01X as well as the Poway General Pl an. 2. The proposed location, size, design, and operating characteristics of the propo sed use wi 11 be compat i b 1 e with and wi 11 not adversely affect or be materially detrimental to adjacent uses, buildings, structures, or natural resources, in that the siting of active recreation areas within the South Poway Specific Plan is found to be important for the recreational needs of the business park and community at large. 3. That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses, because the use will be compatible with the Sports Park and s~rve as a viable interim use of the site until such time as it is needed for a Light Industrial use. 4. That there are available public facilities, services, and.utilities to the proposed practice golf facility. EXHIBIT B 2178 Resolution No. p-94- 49 Page 2 5. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the screening, parking, and pedestrian access have all been designed to minimimize impacts to the nearest res i dent i a 1 ne i ghborhood to the north. the pract i ce golf fac il ity provides a less intensive land use than 1 ight industrial development, provides landscape screening, on-site parking with predominant hours of use offset from normal business hours with peak traffic flows. 6. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Transportation Element, in that off-street parking will be provided within the practice golf facility. The existing roads are adequate in size to accommodate the projected traffic volumes. The primary use of the facility is expected to occur during off-peak commuter hours and weekends. The use will generate less traffic than a typical light industrial development on the two parcels. 7. That the site is suitable for the type and intensity of designated use which is proposed, in that the practice golf facility provides active recreational opportunities to the employees within the business park and to the community at large. 8. That there will not be significant harmful effects upon environmental quality and natural resources, in that the proposed conditions and th~ project design will mitigate the impacts to a level of insignifi,cance. 9. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. 10. The proposed use wjll not adversely affect the City of Poway General Pl an for future a~ well as present development, in that the South Poway Specific Plar designates parks as one of the conditional uses permitted in the Planned Community (PC) zone and this particular recreational use is now recognized for this site by Specific Plan Amendment 84-01X. Development Review 1. The proposed proHct is consistent with the South Poway Specific Plan and the Poway'General Plan in that a golf practice facility and micro golf course is a permitted use in the Light Industrial land use designation with a conditional use permit. 2. That the proposed project will not have an adverse aesthetic, health, safety, ot architecturally related impact upon adjoining properties in that the surrounding and proposed uses are light industrial, industrial park and commercial, and the project has been designed to be integrated physically and visually with the business park, including compatibility with the Sports Park. 21 'i' 9 Resolution No. P-94- 49 Page 3 3. That the proposed project encourages the orderly and harmonious appearance of strwctures and property within the City in that the scale and design ~f the buildings, light standards, landscaping and poles with netting are designed to be compatible with surrounding land uses as well as buffered and screened with landscaping from land uses to the north. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 94-12 & Development Review 94-03 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 industrial,. recreational, residential and future 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. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. COMPLIANCE SHALL BE 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. Trash receptacle shall be enclosed by a six foot high masonry wall with view-obstructing gates pursuant to City standards. Location shall be subject to approval by the Planning Services Department. 5. All roof appurtenances, including air conditioners, shall be arch i tecturall y integrated, screened from vi ew and sound buffered from 2180 Resolution No. p-9449 Page 4 adj acent propert i es and st reets as requ i red by the Pl ann i ng Serv ices Department. 6. 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. 7. 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. 8. For a new commercial or industrial development, or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees. School fees of $0.28 per square foot for commercial/industrial apply. These fees shall be paid prior to building permit issuance. 9. 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. 10. The light standards on the practice golf fairways and for the micro golf course shall not exceed 30 feet in height. 11. The park facilities and pedestrian walkways shall be designed to be accessible to persons with physical disabilities throughout. Each different type of activity must be accessible per section 1107 of the State Building Standards Code for Park and Recreation area requirements. 12. The construction of an ~ccess control fence shall be constructed around the perimeter of the ac~ive sports use areas. 13. The light standards for the parking areas shall be similar to the Sports Park. Poles shall be vandal-resistant and low-maintenance and light fixtures shall be energy-efficient and incorporate glare-control features to reduce light pollution. 14. The hours of operation sihall be from sunrise to midnight. 15. Ultra low flow plumbing fixtures shall be installed in the buildings. 16. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approva 1. PARKING AND VEHICULAR ACCESS 1. All parking lot landscaping shall include a minimum of one 15 gallon size tree for every three spaces. For parking lot islands, a minimum 12 inch wide walk adjacent to parking stalls shall be provided and be separated -_.~-,-------- ._---"--~._. ,,;181 Resolution No. P- 94-49 Page 5 from vehicular areas by a six inch high, six inch wide portland concrete cement curb. 2. Parking lot lights shall be low pressure sodium and have a maximum height of 18 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and residences. 3. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum of 24 feet wide emergency access shall be provided, maintained free and clear at all times during construction in accordance with Safety Services Department requirements. 4. All parking spaces shall be double striped and be a minimum of 8.5 feet by 18.5 feet. 5. Accessible parking spaces shall be provided in the parking lot at a ratio of 1:25. 6. Install pedestrian access with accessible ramp from corner of Stowe Drive and Community Road into parking lot. LANDSCAPE IMPROVEMENTS 1. Complete 1 andscape construction documents shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape; Requirements (latest edition). The landscape plan shall incorporate some specimen trees along with normal dense, fast- 9rowing landscaping planted to screen or break up the expanse of netting along Community Road and McIvers Court. 2. Incorporate low flow irrigation techniques and drought tolerant vegetation into the landscape plans.. The irrigation plans shall incorporate the dual plumbing for reclaimed waiter that will eventually serve the site. 3. Street trees, a minimum of 15 gallon size or larger, shall be installed or be relocated along the Stowe Drive and McIvers Court frontages in accordance with the City of Poway Guide to Landscape Requirements and shall be planted at an average of 30 feet on center spacing along all streets. 4. Landscaped areas within. the adjacent permanently and fully maintained by the landscape maintenance district. 5. The above ground fuel tank shall be screened with a masonry wall and landscaping to be included with the landscape plans. public right-of-way shall be owner except where part of the 6. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. ~182 Resolution No. P- 94- 49 Page 6 SIGNS Any signs proposed for th,is development shall be designed and approved in conformance with the Sign Ordinance. ADDITIONAL APPROVALS REOUIRED 1. The applicant shall provide verification of State Board of Equalization not i fi cat i on and that appropri ate revi ews and/or approval s have been accomplished to the satisfaction of the Director of Administrative Services. 2. Fence netting along Community Road must be high enough at all points to prevent errant golf balls from reaching the street. The colors of the poles and netting will be chosen to blend in rather than to stand out from the surroundings. The 50 foot height is to be reduced in areas where a lesser height would be sufficient. COMPLIANCE WITH THE FOLLOWING, CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF EINGINEERING SERVICES. GRADING A grading plan for the development of the property shall be submitted to the City's Engineering Services Department for review and approval prior to issuance of a grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Engineering Services inspector's approval prior to issuance of a building permit. STREETS AND SIDEWALKS 1. A sidewalk 4.5 feet in width shall be installed along the west side of McIvers Court. , i 2. A right-of-way permit shall be obtained from the City's Engineering Services Department for any work to be done within the publ ic street right-of-way or any City-held easement. Said work shall include, but is not to be 1 imited to, cOnstruction of driveway approach, sewer lateral installation, water service line installation, street construction (including concrete curb, gutter and sidewalk). Permit shall be obtained prior to start of work. UTILITIES All proposed utilities within the project shall be installed underground. ADDITIONAL APPROVALS REOUIRED The following development fees shall be paid prior to building permit issuance: Traffic Mitigation fee: to be deducted from deposit made by Cadillac Fairview. Meter fees: meter and expansion fee paid for 1" meter on both Lots 98 and 99. Sewer Connection fee: Lot 98 - $39,282.91 - 2183 kesolution No. P-94- 49 Page 7 Sewer Cleanout: Sewer Inspection: lot 99 - $47,671.07 $50.00 per box $25.00 per cleanout box COMPLIANCE WITH THE FOLLOWING' CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. The 150 gallon above ground fuel tank is to be installed and constructed to the standards of Section 15.24.300 of the PMC. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 20th day of September, 1994. ---- ~~c,- Don HigginSOn~r ATTEST: STATE OF CALIFORNIA ) ) SS. ) I hereby certify, under the penalty 0/ perjury, that the above and foregoing i, a true and correct copy of Rcsoblion No.P-9''--Y'f, as adopted by the City Council of Poway, California on the &;foJ./r daYof7'~,19~. MARJORI K. W AHlSTEN, CITY CLERK by:Wt~ 0~) Dn..} , "'- '. ~) ..., , ! ,- '" ,-+- ! . \cLc..'I.M. '- . :C. J.v. L-L._ Marjorie K. Wahlsten, City Clerk COUNTY OF SAN DIEGO 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-94-49 ,was duly adoPte~he City Council at a meeting of said City Council held on the 20th day of Sept mber , 1994, and that it was so adopted by the following vote: AYES: CAFAGNA, !EMERY, SNESKO, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: CALLERY e:\city\planning\report\cup9412.res