Covenant Regarding Real Property 1992-0536866
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
933
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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rescinded by City Council at the request of the OWNER, CITY shall expunge this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:
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R~. TOWNSEND, TRUS~
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OWNER (Notarize)
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OWNER ( ota~' )
CITY OF POWAY
By Rk- tJ~ + - ~ ,. ;>-tr;-.. ,
(No need to Notari~)
Dated:
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Dated:
INDIVIDUAL ACKNOWLEDGMENT
00.201
State of
}ss,
On this the ~ day at a.. \.r.....~'-^-- c., '\
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1'9_, betore me,
the undersigned Notary Public, personally appeared
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ROBERT MARIANI
,,; Notary Pubhc . Cahfornla
SAN DIEGO COUNTY
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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
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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
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934
CLTA STANDARD COVERAGE - 1990
ORDER NO.: 313626-1
PAGE NO. : 14
SCHEDULE C
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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.
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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.
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936
Resolution No. P- 92-37
Page 2
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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
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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.
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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.
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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
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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.
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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.
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Resolution No. p- 92-37
paqe 9
STATE OF CALIFORNIA
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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
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..::D, ~ ~ k ,U <M-':,t;..
Marjorie ~. Wahlsten, City Clerk
city of , Po way
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REPORT\CUP8503M2.RES