Covenant Regarding Real Property 1993-0554552
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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393
Dor-n 1993-0554552
25-hJG-1993 11:25 AM
DFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS. COUNTY RECORDER
RF: 12.00 FEES:
AF: 19.00
nF: 1.00
32.00
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAil TO:
, : ~ ;. .,..-
. ,
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
L.G. Enterprises Poway, a California partnership
ih~ c:...,....+lQ)...r T:"9 " c"L:'t>9r ("U"A:I'iHIR':. aR Qt;;,i'l1 CQrfiira'isA ("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 317-490,68 ("PROPERTY" hereinafter), In
consideration of the approval of Conditional Use Permit 92-09 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, personal representatives, transferees and assigns of the
respective parties,
.,,-
In the event that Conditional Use Permit 92-09 expires or is rescinded by City Council at the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 OWN,ER.2
'-~/ h. #V~- 5C<u~
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rIR & RUBBCR e8Mf Af~ j AT4 61116
@8RPORATIOrJ, Q'IIrJCR {rJ....L~..;,~l
L.G. Enterprises PowCl.Y, a California partnership
Dated:
_:5-:'2-7.19'13
CITY OF POWAY
Dated:
4,/8-9.3
By: RJ~ ZJ7f- - t/~
CA;LrFt'RNIA ALL.PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On M"y 2 7 . 1 q q :before me,
DATE
400
}
Cheryl B. Updeqraff
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC.
personally appeared
Louis Goodman
NAME(S) OF SIGNER(S)
~ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac,
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OFFICIAL NOTARY SEAL
CHERYL B. UPOEGRAFF
Notary Public - California
WITNESS my hand and official seal.
a~N~~AJf
OPTIONAL SECTION
THIS CERTiFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
NUMBER OF PAGES
DATE OF DOCUMENT
No. 5193
..0:'....
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAL
o CORPORATE OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LIMITED
I2i GENERAL
o ATTORNEY,IN,FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY(IES)
L.G. Enterprises Powa
a California partners p
@1992NATIONALNOTARY ASSOCIATION -8236 RemmetAve., P.O. Box 7184- Canoga Park, CA 91309-7184
~" <f'jfrl~OR TITlE _~jSU~ANCE
401
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL ,A:
THOSE PORTIONS OF PARCELS 1 AND 2 OF PARCEL MAP NO. 3922, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE Of CALIFORNIA, FILED IN THE OFFICE
OF COU~TY RECORDER OF SAN DIEGO COUNTY ~ULY 11, 1975. BEING DESCRIBED AS
A WHOL~ AS FOLLOWS: .
BEGINNING AT THE NORTHWEST CORNER OF SAID PARC.EL 2; THENCE ALONG THE
NORTHERLY lINE OF SAID PARCEL 2 SOUTH 88003'51" EAST 151.92 FEET TO THE
MOST NORTHERLY NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO CARRIAGE
CENTER ASSOCIATES, BY DEED RECORDED DeCEMBER 31, 1975, AS FILE/PAGE NO.
75-371595, BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHERLY LINE ALONG THE BOUNDARIES OF SAID CARRIAGE CENTER ASSOCIATES
LA~D, SOUTH 01019'20" WEST 197.03 FEET; SOUTH 88003'51" EAST 82.10 FEET;
SOUTH 01019'20. WEST 16.00 FEET; AND SOUTH 88003'51" EAST 110.00 FEET TO A
POINT ON THE EASTERLY LINE OF SAID PARCEL MAP; THENCE NORTHERLY ALONG SAID
EASTERLY LINE TO THE NORTHEAST CORNER OF SAID PARCEL MAP; THENCE WESTERLY
ALONG THE NORTH LINE OF SAID PARCEL MAP TO THE TRUE POINT OF BEGINNING.
~
PARCEL.B:
AN EASEMENT FOR INGRESS AND eGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES
OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 21.00 FEET OF THE NORTHERLY
411.00 FEET OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 14.
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STAT~ OF CALIFORNIA, ACCORDING to UNITED STATES GOVERNMENT,
APPROV~D NOVEMBER 19,1860.
EXCEPTING THEREFROM, THAT PORTION LYING WITHIN THE NORTHERLY 411.00 FEET
OF THE WESTERLY 35b.OO FEET OF THE EASTERLY 500.00 FEET OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFIC~~L PLAT THER~OF.
PARCEL C:
AN EASEMENT FOR INGRE$S AND EGRESS, UTILITIES, INCLUDING WITHOUT
LIMITATION, WATER, GAS, ELECTRICITY, TELEPHONE, SEWER, DRAINAGE, AND CABLE
TELEVISION, AND IN~IDENTAL PURPOSES OVER, UNDER, ABOVE AND ACORSS THE
SOUTHERLY 21.00 FEET ~ND THE EASTERLY 17.00 FtET OF THose PORTIONS OF
PARCELS 1 AND 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIAL AS SHOWN
AT PAG~ 3922 OF PARCE~ MAPS, FILED IN THE OFFICE OF COUNTY RECORvER OF
SAN DI~GO COUNTY, ~ULY 11, 1975, BEING MORE PARTICULARLY DESCRIBED AS
FOLLO~IS: .! :
: J !
BEGINNING AT THE NORT~WEST CORNER OF SAID PARCEL MAP NO. 3922, BEING A
POINT IN THE CENTER LlNE OF THAT CERTAIN COUNJY RoAD, KNOWN AS POWAY ROAD,
(ROAD SURVEY NO. 1713); THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL
MAP, BEING ALONG SAID CENTER LINE, SOUTH B8003'5'" EAST, 157.92 FEET;
THENCE lEAVING SAID NORTHERLY LINE AND SAID CENTER LINE SOUTH 01019'20.
I I
144l'"JOC::"" I
PAGE
7
403
RESOLUTION NO. P-93-13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 92-09
ASSESSOR'S PARCEL NUMBER 317-490-68
WHEREAS, Condit i ona 1 Use Permit 92-09 submi tted by Thomas J. Davi s
applicant, Winston Tire Company, owner, requests approval to construct a 516
square foot addition to an existing 3432 square foot auto service building
located at 12947 Poway Road in the CG (Commercial General) zone; and
WHEREAS, on April 13, 1993, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental FindinQs:
,
The Ci ty Council fi nds that thi s project wi 11 not have a signi fi cant
adverse impact on the environment and hereby issues a Negative Declaration
with mitigation measures as contained in the conditions of approval.
Section 2: FindinQs:
1. The proposed project will be consistent with the existing general
plan in that this is an expansion of a previously existing use which
is foreseen by General Plan provisions.
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, residents, buildings,
structures, or natural resources; in that the building will be
refitted with an interceptor system capable of trapping waste
materi a 1 s from the auto service activities conducted wi thi n the
service bays.
3. That the scale, bulk, coverage and density is consistent with the
adjacent uses, in that the addition to the building will be
architecturally integrated into the existing building and will not
displace required parking, interfere with fire access, or disrupt
the continued functioning of the adjoining business.
4. That there are available public facilities, services, and utilities
to serve the proposed use as all facil ities and services can be
provided for through the conditions of approval.
5. That there will not be harmful effect upon desirable neighborhood
characteristics, in that the new service bay doors will be installed
on the rear elevation of the building and not visible to residential
properties to the north. In addition, general maintenance of the
building and grounds will be governed by conditions of approval, in
particular a requirement to maintain landscaping, pick up litter,
and promptly remove graffiti should it appear.
EXHIBIT B
40J
Resolution No. P-93-13
Page 2
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 within the subject lot
and the adjoining lot to accommodate any increase in business
activity resulting from the expansion.
7. That the site is suitable for the type and intensity of use and
development proposed in that the proposed project is a minor
expansion to a use which has operated in a satisfactory manner for
17 years.
8. That there will not be significant harmful effects upon the
environmenta 1 qual i ty and natural resources because the si te is
already wholly developed and contains no natural resources. And as
mentioned in Finding No.2, an interceptor system will be installed
to trap fluids which are presently being swept out into the parking
area and combining with surface runoff to drain into the storm drain
system. '
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 allows auto
service type uses to locate in commercial zones subject to
conditional use permit approval.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 92-09 subject to
the following conditions:
1. 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.
2. The use conditionally granted by this permit shall not be conducted
in such a manner as to interfere wi th the reasonable use and
enjoyment of surrounding residential and commercial uses.
3. 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.
40;:;
Resolution No. P-93-13
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. Any graffiti which appears on either the main building or the trash
enclosure shall be removed by a means approved by the Planning Services
Department within 24 hours.
*5. The area surrounding the building shall be free of trash and debris at all
times.
6. 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.
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.
7.
PARKING AND VEHICULAR ACCESS
1. All two-way traffic aisles shall be a m1n1mum of 25 feet wide and
emergency access shall be provided,'maintained free and clear, a minimum
of 24 feet wide at all times during construction in accordance with Safety
Services Department requirements.
2. All parking spaces shall be double striped.
*3. No work on vehicles shall be conducted outside the services bays.
LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to and
approved by the City Landscape Architect prior to the issuance of building
permits.
Z. 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 City Landscape
40J
Resolution No. p-93-13
Page 4
Architect. Those trees which are approved for removal shall be replaced on
a tree-for-tree basis as required by the Planning Services Department.
3. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
EXISTING STRUCTURES
1. Existing building(s) shall be made to comply with current building and
zoning regulations for the intended use of the building.
2. Disabled access is required throughout the facility including disabled
parking adjacent to the main entrance. ;
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
STREETS AND SIDEWALKS
1. Reciprocal access and maintenance and/or agreements shall be provided
insuring access to all parcels over private roads, drives or parking areas
and maintenance thereof to the satisfaction of the Director of Engineering
Services.
2. All damaged off-site publ ic works facil ities, including parkway trees,
shall be repaired or replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Department of Engineering
Services.
3. Prior to any work being performed in the public 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.
*4. The easternmost driveway cut shall be closed and curb gutter sidewalk and
landscaping installed to the satisfaction of the Directors of Planning and
Engineering Services.
UTILITIES
*
An intercept i on system shall be des i gned and i nsta 11 ed to capture all
liquid waste produced within the service bays. Waste materials recovered
in this process must be disposed of in accordance with State law. An
Industrial Waste Discharge Permit from the City of San Diego is required
to be processed though the City of Poway Engineering Services Department
and Building Services Division.
401
Resolution No. P- 93-13
Page 5
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance No. 64.
2. Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast with their background. Minimum
height of address numbers shall be four inches. Address may be required
at private driveway entrances.
*3. Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building.
*4. An Emergency Contingency Plan and Hazardous Materials Disclosure i~
required to be filed with the County of San Diego Department of Health and
copies provided to the Fire Department.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13 day of April, 1993.
ru~-iJ"
Don HigginSOn,~r
ATTEST:
kJ\JM..0~
Wahlsten, City Clerk
I hereby certify, under the penalty
of periury, tbt Ih~' above and
foregoing is D tr:~~ and corred
copy 01 Reschion Na&Y3.J3,
as adopted by the City Councd 01
Paway. California on the J3;t:/,
day of ~ .19.2'3...,
MARJORIE . W AHLSTEN, CITY CLERl(
bY:~ K7Vtl..1Jl1:Z..
403
Resolution No. p-93-13
Page 6
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-93-13 , was duly adopted by the City Council at a meeting of said City Council
held on the 13th day of April , 1993, and that it was so adopted
by the fOllowrng-vote:
AYES: CAFAGNA, CALLERY, EMERY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: SNESKO
k1\JM-/)-t:..,
. Wahlsten, City Clerk
ay
REPORT\CUP9201.RES
2045
CAPACITY CLAIMEO BY SIGNER
STATE OF CALIFORNIA} 5S D INOIVIOUAL(S)
COUNTY OF SAN DIEGO , D CORPORAlE
on~lO, IQ'i,3 before me, Lf;}rP..C-.f'Y':PrfY'. ~AJ,11 '- OFFlCER(S) TITLE(S)
personally appeared..J401'-tSr'\ 1I.1 Ill:' PARTNER(S)
o ~9reeflalll liRa.... '8 FR9 -OR- ),( proved to me on the basis of satisfactory evidence D A TIORNEY ,IN-FACT
to be the person(s) whose name(s) is/ere D TRUSlEE(S)
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed D SUBSCRIBING WITNESS
,qJ'C_~ F.b OFFICIAL SEAL the same in his/hefAReir authorized capa~ D GUARDIAN CONSERVATOR
,/ LESLIE C. DE BOER city(ies), and that by his<ll.'It~ sign,
J~ ~j, NOTARY PUDLlC - CALIFORNIA ature(s) on the instrument the person(s) D CJlHER
" . PRINCIPAL OFfiCt IN or the entity upon behalt at which the person(s)
C~I., SAN DIEGO COUNTY acted, executed the instrument SIGNER IS REPRESENTING
il.- Commission Expires July 5. 1994 NAME OF PERSON(S) OR ENTITY(IES)
~ ~ ~s my hand and olficial seal.
~O ~ ,r / C\.. ~A.
THIS CERTIFiCATE Title or Type of Document
MUSTBEATIACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT. Signer(s) Other than Named Above