Covenant Regarding Real Property 1994-0136362
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CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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317
DOC " 1994-0136362
Ol-MAR-1994 09:23 AM
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
OFFICIAL RECORDS
SAN DIEGO COUHTY RECORDER'S OFFICE
! COUNTY RECORDER
RF= 10.00 FEES~ 26.00
AF: 15.00
Mf: i. 00
No Transfer Tax Due
(ThiS space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
,
David Giii,'spie and Marilyn Giii ,'spie, husband and wife as joint tenants, ("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 317-130-42 ("PROPERTY" hereinafter). In consideration
of the approval of Conditional Use Permit 93-02 by the City of poway ("CITY" hereinafter), OWNER hereby
covenants and agrees for the benefit of the CITY, 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, personai representatives, transferees and assigns of the
respective parties.
In the event that Conditional Use Permit 93-02 expires or is rescinded by City Council at the request
of the OWNER, CITY shail 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:
d- /7- ~7
-
J
.
Dated: ..:J. / 7 - <;' <./
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Mai~illiS ,OWNER (Nota e) :.>1--
CITY OF POWAY
Dated: ;::~. '7, 1'1'1'1
,
By: V tv;
Reba Wright-Q astler, Director of Planning
318
E X H I BIT A
The land referred to herein is situated in the State of California, County
of San Diego, and is described as follows:
PARCEL 1:
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED NOVEMBER 19,
1880
CALIFORNIA ALL. PURPOSE ACKNOW
State of ( 'Lf j/, .4(\ 1. - OPTIONAL SECTION -
"I A } CAPACITY CLAIMED BY SIGNER
.L ~J.. d) I P C{) Though statute does not require the Notary to
fill in the data below, doing so may prove
County 0 v Invaluable to persons relYIng on the document
02=--tA /1 !9'7rf /..u.J 1'/1 C6u , D INDIVIDUAL
. / before me, NAME TJTLEOFOFFICER-EG ,"JANE DOE,NOTAAYPUBLlC" 0 CORPORATEOFFICER(S)
DATE , G (L. f.-'I
1M-v (') JZ 6rLLlSf'ltJ <j-!J1Aj?/(;YJi I ISPIt; TITLE(S)
personally appeared f. NAMEIS) DF SIGNERIS) D PARTNER(S) D LIMITED
~ersonall known to me - OR . D proved to me on the basis of satisfactory evidence D GENERAL
Y to be the person(s) whose name(s) .iafare D ATTORNEY-IN-FACT
subscribed to theWiffiin instrument and ac-
knowledged to me that~/they exe~uted D TRUSTEE(S)
(@ WC~=< I the same in his/Rerfthelr authorized D GUARDIAN/CONSERVATOR ,
- - COMM. #985597 QI capacity~ and that by ~/I,,,.ttheir o OTHER:
'. NOJ.:WD~~~~ signatur~n the instrument the pe.rso~ ;J-'
I ~IT"~~28. Exf~ T or the entity upon behalf of which the
personJs) acted, executed the instrument. SIGNER IS REPRESENTING:
WITNESS my hand and glfi"cial seal. NAME OF PEASON(S) OR ENTITY(IES)
" ;~. ~~
- ~
, OPTIONAL SECTION ;.J/-M-I r /G ~ IIJ5 .
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT (! () U e- t:. b (/1LPtf ';"~ 1;
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES f DATE OF DOCUMENT .:; -t 7 - 9'1
Though the data requested here is not required by Jaw, SIGNER(S) OTHER THAN NAMED ABOVE -
it could prevent fraudulent reattachment of this form.
SOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
LEDGMENT
No. 5193
@1992NATIONALNOTARY AS
319
RESOLUTION NO. P- 93-35
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 93-02
ASSESSOR'S PARCEL NUMBER 317-130-42
WHEREAS, Conditional Use Permit 93-02 submitted by David Gill ispie,
applicant, requests approval to establish a feed, grain and tack outlet and
western wear shop within the existing building located at 13430 Midland Road, in
the CC (Commercial Community) zone; and
WHEREAS, on July 13, 1993, the City Council held a hearing on the above-
referenced item and solicited public comment both pro and con.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental FindinQs:
The City Council finds that this project will not have a significant
adverse impact on the environment and hereby issues a negative
declaration.
Section 2: Findinqs:
1. The proposed project will be consistent with the existing General
Plan in that it is a retail commercial use located within a
commercial land use category.
2. That the location, size, design, and operating characteristics of
the proposed use will be compatible with and will not adversely
affect or be materially detrimental to adjacent uses, residences,
buil di ngs, structures, or natural resources in that the bui 1 di ng
already exists and houses existing commercial uses.
3. That the scale, bulk, coverage and density is consistent with the
adjacent uses, in that the building is single-story, containing
5,800 square feet. Surrounding two-story apartment buildings, and
the adjoining Wal-Mart store are all built to a greater scale.
4. That there are available public facilities, services, and utilities
to serve the proposed use as all facil ities and services are
presently in use within the building and no change is anticipated.
5. That there will not be harmful effect upon desirable neighborhood
characteristics, in that the upgraded facade will reflect the Old
Poway western design theme and will visually enhance the entrance to
the Old Poway Historic District.
6. That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element in that
there is adequate off street parking provided on the subject
property to accommodate potential customers, and that the driveway
openings will be widened to improve their efficiency.
---_.._.~----_..._-------_._._~-......__.-
-..--"-- .. -_._~- .,-~~-_._..-
320
Resolution No. P- 93-35 .
Page 2
7. That the site is sui tabl e for the type and i ntens i ty of use and
development proposed in that the proposed use is similar to the
scale and scope of the uses which presently occupy the building.
8. That there will not be significant harmful effects upon the
environmental qual ity and natural resources because the site is
already wholly developed and contains no native plants or animals.
9. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
10. That the impacts, as described above, and the location of the use
will not adversely affect the City of Poway General Plan for future
as well as present development in that the General Plan permits
retail and service business to locate in the commercial zones.
Section 3: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 93-02 subject to
the following conditions:
Within 30 days of approval (1) the applicant shall submit in writing that
all cond i t ions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
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 Development Code and all other applicable City Ordinance 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
architecturally integrated, shielded from view and sound buffered from
adjacent properties and streets as required by the Pl anning Services
Department.
321
Reso 1 ut i on No. P- 93-35 .
Page 3
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. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
PARKING AND VEHICULAR ACCESS
1. Parking lot 1 ights 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.
2. All two-way traffic aisles shall be a minimum of 25 feet wide and
emergency access shall be provided, maintained free and clear, a minimum
of 20 feet wide at all times during construction in accordance with Safety
Services Department requirements.
4. All parking spaces shall be double striped.
LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to and
approved by the Pl anni ng Servi ces Department pri or to the issuance of
building permits.
2. A Master Pl an of the exi st i ng on-s i te trees shall be provi ded to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and shall be
trimmed and/or topped. Dead, decaying or potentially dangerous trees
shall be approved for removal at the discretion of the Planning Services
Department during the review of the Master Plan of existing on-site trees.
Those trees which are approved for removal shall be replaced on a tree-
for-tree basis as required by the Planning Services Department.
4. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway ordinance and shall be planted at an
average of every 30 feet.
5. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
322
Resolution No.P-93-35 .
Page 4
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
EXISTING STRUCTURES
Provide compl iance with the Uniform Building Code for property 1 ine
clearances considering use, area, and fire-resistiveness of existing
buildings.
ADDITIONAL APPROVALS REOUIRED
1. 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.
2. The applicant shall provide verification of State Board of Equalization
notification and that appropriate reviews and/or approvals have been
accompl i shed to the sat i sfact i on of the Di rector of Admi ni strat i 'Ie
Services.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
STREETS AND SIDEWALKS
1. All exterior street improvements shall be constructed prior to issuance of
building permits, to the satisfaction of the Director of Engineering
Services.
2. Street improvements that include, but are not limited to:
X Sidewalks
X Dri veways
X Wheel chair ramps
X Curb and gutter
_____ Cross gutter
~ Alley gutter
_____ Street paving
_____ Alley paving
shall be constructed prior to the occupancy of the units to the
satisfaction of the Director of Engineering Services.
* Mi dl and Road Driveway open i ng sha 11 be a type G-17 per the San Di ego
Regional Standard Drawings, with a ten foot radius curbs.
3. All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Department of Engineering
Services.
I.
f
4.
5.
323
Resolution No. P- 9-3-35'
Page 5
4. Prior to any work being performed in the publ ic right-of-way, an
encroachment permit shall be obtained from the Engineering Services
Department and appropriate fees paid, in addition to any other permits
required.
DRAINAGE AND FLOOD CONTROL
1. Intersection drains will be required at locations specified by the
Director of Engineering Services and in accordance with standard
engineering practices.
2. A drainage system capable of handling and disposing of all surface water
originating within the property, and all surface waters that may flow onto
the property from adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
3. Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
4. Concentrated flows across dri veways and/or s i dewa 1 ks shall not be
permitted.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1.
Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
2.
The building shall display their numeric address in a manner visible from
Midland Road. Minimum size of the building numbers shall be 6 inches on
the front facade of the building. Building address shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services.
3.
Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with all-weather driving
surface of not less than 20 feet of unobstructed width, with adequate
roadway turning radius capable of supporting the imposed loads of fire
apparatus having a minimum of 13'6" of vertical clearance. The road
surface type shall be approved by the City Engineer, pursuant to the City
of Poway Municipal Code.
The building will be required to have installed an approved fire sprinkler
system. The entire system and post indicator valve is to be monitored by
a central monitoring company.
The existing fire sprinkler system is not designed to meet the design
density of the new use for this building. The applicant shall hire a fire
protect i on engi neer /consultant to provi de a techni ca 1 report of the-
existing design density of the system and to determine the modification
324
Reso 1 ut i on No. -P-93--35 .
Page 6
necessary to meet the new design density criteria for the new
occupancy/use.
6. A five year certification is required for the fire sprinkler system.
7. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A "Knox" padlock shall be required
for the fire sprinkler system Post Indicator Valve.
8. Fi re Department access for use of fi re fi ght i ng equ i pment shall be
provided to the immediate job construction site at the start of
construction and maintained at all times until construction is completed.
9. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of July, 1993.
ATTEST:
~~~'
Il1ereby certify, under "'e penalty
01 perjury, that the above and
loregoing is a tr'.e and correct
k -.(\, 0-1..5> --t::- copy of Resolution NoP- q 3- 3~
/I v as adopted by the City Council 01
Wahlsten, City Clerk Poway. CaliFornia on the /3t/:
) dayol~ .1993.
) SS. MARJORIE K. WAHLST~ CITY c~
COUNTY OF SAN DIEGO) by. ~ 'cf~, ill
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-93-35
, was duly adopted by the City Council at a meeting of said City Council
held on the 13th day of July , 1993, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Yn~ ~~~~
MarJorieL . Wah sten, City Clerk
City of \1ay