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Covenant Regarding Real Property 1992-0536866 CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 933 ) ) ) ) ) ) ) ) ) ) ) ) (This space for Recorder's Use) DOC >> 1992-0536866 25-AUu-1992 09=54 AM 8ECORDING REQUEST BY: CITY OF POWAY OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE AHHETTE EVANS. COUNTY RECORDER RF: 13.00 FEES: AF: 21.00 !IF: 1.00 35.00 WHEN RECORDED MAIL TO: No Transfer Tax Due COVENANT REGARDING REAL PROPERTY Robert E. Townsend and Marilyn J. Townsend, Trustees of the Townsend Family Trust U IT/A dated May 30, 1988 ("OWNER" hereinafter) are the owners 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 323-190-68 and 69 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit Modification 85- 03M(2) 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 In the event that Conditional Use Permit Modification 85-o3M(2) expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: ~;/ J/1" L-> R~. TOWNSEND, TRUS~ ~ Z--~~rV!~4"'-.---/ OWNER (Notarize) '~~~~es~~~~ OWNER ( ota~' ) CITY OF POWAY By Rk- tJ~ + - ~ ,. ;>-tr;-.. , (No need to Notari~) Dated: 5// e? /0/2- L L Dated: INDIVIDUAL ACKNOWLEDGMENT 00.201 State of }ss, On this the ~ day at a.. \.r.....~'-^-- c., '\ ~ ~ .=\ ~6..." i 0... ...., ~L 1'9_, betore me, the undersigned Notary Public, personally appeared ~~~' \1)lA,)'('o,.,~"",;:> 6... V &.\\l>Y'~y..J "'W~ ~ @_.OFFICIALSEAL ROBERT MARIANI ,,; Notary Pubhc . Cahfornla SAN DIEGO COUNTY '.. MV Camm. E"P- Feb. 25. 1994 ~naJly known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) --t \. e- '- t subscribed to the within instrument, and acknowledged that ~ ~'- t- executed it ~~'~"-~ ATTENTION NOTARY: Although the information requested below is OPTIONAL, it COl.Kl prevent fraudulent attachment of this certificate Uo another document. THIS CERTlRCATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above ~ 7100-010 C NA11ONAL.NOTARY ASSCClAT1ON-8236RenmetIw. . P.O. Box 7184.Canoga Park, CA 91:>>1-7184 ,~ l .' tj, " 934 CLTA STANDARD COVERAGE - 1990 ORDER NO.: 313626-1 PAGE NO. : 14 SCHEDULE C " The land referred to in this policy is described as follows: Parcels 1 and 2 of Parcel Map 5782, in the City of Poway, County of San Diego, state of California, filed in the Office of the County Recorder of San Diego County, April 7, 1977, being a portion of the West Half of the Southeast Quarter of the Northwest Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved February 24, 1876. 935 I l RESOLUTION NO. P- 92-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MODIFICATION TO CONDITIONAL USE PERMIT 85-03M(2) AND DEVELOPMENT REVIEW 92-07 ASSESSOR'S PARCEL NUMBER 323-190-68, 69 WHEREAS, Conditional Use Permit 85-03M(2) and Development Review 92-07, submitted by the Townsend Dodge, James Harris, applicant, for the purpose of adding an auto sales facility adjacent to the Townsend Honda located at 14100 poway Road in the Manufacturing Services (MS) zone; 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 Findinas: The City Council finds that Conditional Use and Development Review 92-07 will not significant impact on the environment and Negative Declaration. Permit 85-03M(2) result in any hereby issues a section 2: Findinas: Conditional Use Permit 85-03MC21 1. That the proposed project is consistent with the general plan in that the proposed project is located in the MS (Manufacturing Services) zone which permits auto dealerships with a conditional use permit. 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 architecture and color scheme of the proposed project matches the existing structures on the site and that the business will be conducted in a manner similar to the existing auto dealership. 3. That the harmony in scale, bulk, coverage, and density is compatible with adjacent uses, in that the proposed structure meets all zoning standards for setback, lot coverage, and building height. ..-. 936 Resolution No. P- 92-37 Page 2 .l 4. That there are available public facilities, services, and utilities for the proposed sales structure as all facilities can be provided for through the conditions of approval. 5. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the proposed structure is screened from the surrounding residential and commercial uses by an eight foot high wall and landscaping. 6. That the generation of traffic will not adversely impact surrounding street and/or the city I s Circulation Element, in that the Circulation Element assumed a manufacturing or auto-related use on this site and the levels of traffic generated by this project are not expected to exceed levels normally associated with those types of uses. 7. That the site is suitable for the type and intensity of the use proposed, in that the proposed project constitutes an extension of the existing land use of the site and the topography of the site will allow for the construction of the auto sales office with minimal grading. 8. That there will not be significant harmful effects upon environmental quality and natural resources, in that the site has been fully disturbed and contains structures, paving and landscaping. 9. That there are no other relevant negative impacts of the proposed use that cannot be mitigated, in that the conditions of approval include mitigation measures which address all potential negative impacts. 10. The proposed use will not adversely affect the City of poway General Plan for future as well as present development, in that the General Plan designates this site for limited commercial uses such as auto related businesses. Develocment Review 92-07 1. That the proposed development is in conformance with the poway General Plan, in that the Manufacturing Services zone allows for limited commercial uses such as auto dealerships with a Conditional Use Permit. 937 Resolution No. P- 92-37 paqe 3 , I .l 2. That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, as noted under the findinqs in the precedinq section. 3. That the proposed development is in compliance with the Zoning Ordinance, in that all development standards for the MS zone will be met in the development of this project. 4. The proposed development encourages the orderly and harmonious appearance of structures and property within the city because it complies with the design guidelines of the General Plan and proposes a building design that is similar to that of the existing sales facility on the site. Section 3: citv Council Decision: The City Council hereby approves Conditional Use Permit Modification 85-03M(2) and Development Review 92-07 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 with the reasonable use and enjoyment of surrounding residential and commercial uses. APPLICANT SHALL COB'l'ACT THB DBPARTMBlIT OP PLANNING SERVICES REGARDING COMPLIANCE WITH THB POLLOWING 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 Ordinances in effect at the time of building permit issuance. 938 , .l 4. Resolution No. P-92-37 Page 4 Disabled access will be required throughout the facility. This includes employee and customer areas. Ramped entry to sales building will be required. Designated disabled parking will be required. 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 Planning Services Department. 6. Materials and colors shall match those of the existing structures on site. 7. Prior to any use of the project site or business activity pertaining to this sales office being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 8. 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. 9. Low flow plumbing shall be installed throughout the new construction. 10. Silent paging systems shall be used in place of amplified sound systems for both the new and existing dealership site. 11. For a new commercial development, or addition to an existing development, the applicant shall pay development fees at the established rate. The following fees, including but not limited to traffic mitigation, drainage, water, and sewer fees shall be paid prior to building permit issuance. Permit and plan check fees shall be paid upon submittal of the grading plan. 12. 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. PARJtrNG AND VBlIrCOLAR ACCBSS 1. All parking lot landscaping shall consist of 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 from vehicular areas by a six inch high, six inch wide portland concrete cement curbing. 939 - Resolution No. P- 92-37 Page 5 2. Any new 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. The six customer parking spaces just north of the existing driveway shall be reconfigured to the satisfaction of the Planning services Department. 4. New parking spaces shall be double striped. LANDSCAPING 1. A detailed landscape and irrigation plan shall be submitted to and approved by the Public Services Department and Planning services Department prior to the issuance of building permits. 2. Drought tolerant plants and trees, as well as an automatic low flow irrigation system, shall be incorporated into the plan. 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. SIGNS Any signs (temporary, as well as permanent) proposed for this development shall be designed and approved in conformance with the Sign Ordinance. APPLICANT SHALL CONTACT THB DBPARTMENT OP DGIKEERING SERVICES REGARDING COMPLIANCE WITH THB POLLOWING CONDITIONS: GRADING 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading ordinance, approved grading plan and geotechnical report, and accepted grading practices. 2. A soils report shall be prepared by a qualifiea engineer licensed by the State of California to perform such work at first submittal of grading plan. 3. The final grading plan shall be subject to review and approval by the Planning and Engineering Services Departments and shall be completed prior to issuance of building permit. 4. A pre-blast survey of surrounding property shall be conducted to the satisfaction of the city Engineer prior to any rock 94C Resolution No. P- 92-37 Page 6 blasting. Seismic recordings shall be taken for all blasting and blasting shall occur only at locations and levels approved by the city Engineer. 5. A final compaction report shall be submitted and approved prior to issuance of building permits. 6. site qrading shall be certified by the project civil engineer prior to issuance of building permits. 7. All new slopes shall be a minimum of 2: 1 (horizontal to vertical). 8. Non-supervised nor non-engineered fill is specifically not allowed. Rock disposal areas shall be graded in compliance with city-approved soil investigations and recommendations and grading plans. STREETS AND SXDBWALKS 1. All new parking lot pavement structural sections shall be submitted to and approved by the Director of Engineering Services. Pavement sections shall conform to the minimum required by the poway Municipal Code with a Traffic Index of 5.0. 2. All exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Engineering Services. 3. All damaged off-site public works facilities, in~luding parkway trees, shall be repaired or replaced pr~or to exoneration of bonds and improvements, to the satisfaction of the Department of Engineering Services. 4. 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. 5. The new driveway shall be constructed as an alley apron with handicapped ramps. The existing drainage outlet to poway Road shall be reconstructed to eliminate the angle point drain from the parking area and not the driveway. DRAXNAGE AND FLOOD CONTROL 1. A drainage system capable of handling and disposing of all surface water originating within the property, and aill surface waters that may flow onto the property from adjacent lands, shall be required. Said drainage system shall include any 941 I l Resolution No. P- 92-37 Page 7 easements and structures as required by the Director of Engineering Services to properly handle the drainage. 2. Concentrated flows across driveways and/or sidewalks shall not be permitted. UTl:Ll:Tl:ES The applicant shall, within 30 days after receiving approval of the conditional use permit and development review apply for a Letter of Availability (LOA) to reserve two EDUs df sewerage availability and post with the City, a nonrefundable reservation fee equal to 20% of the appropriate sewerage connection fee in effect at the time the LOA is issued. APPLICAlfT SHALL COIl'rACT THB DBPARTHENT OF SAFBTY SERVICES REGARDING COMPLIANCE WITH THB FOLLOWING CONDITIONS: L Roof covering shall be fire retardant as per UBC Section 3203(e) and City of poway Ordinance No. 64. 2. The buildings shall display their numeric address in a manner visible from the access street. Minimum size of building numbers is six inches on the front facade of building, street facing side. Building addresses shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services. I i . 3. The building will be required to install an approved fire sprinkler system. The entire system is to be monitored by a central monitoring agency. A system post indicator valve with tamper switch, also monitored, is to be located by the City Fire Marshal prior to installation. Approximate location will be at the driveway entrance from poway Road. 4. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadwaysl 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. 5. 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. 943 Resolution No. p- 92-37 paqe 9 STATE OF CALIFORNIA ) ) SS. ) 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-92-37 , was duly adopted by the city Council at a meeting of said City Council held on the 4th day of ____ August , 1992, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NONE NOES: ABSTAIN: NONE ABSENT: NONE I ..::D, ~ ~ k ,U <M-':,t;.. Marjorie ~. Wahlsten, City Clerk city of , Po way \ _/ REPORT\CUP8503M2.RES