Covenant Regarding Real Property 1992-0719976
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DUL " 1992-0719976
10-HOV-1992 08=50 AM
OFFICIAL RECORDS
SAH OIEGO COUHTY RECORDER'S DFFICE
AHHETTE EVAHS, COUHTY RECORDER
RF: 10.00 FEES: 26.00
AF: 15.00
"F: 1.00
RECORDING REQUEST BY:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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(This soace for Recorder's Usel
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
COVENANT REGARDII'IG REAL PROPERTY
Daniel Beringhause, Trustee of the Beringhause Family Trust dated March 15, 1978; and Brian E.
Beringhause, a single man and Dalu, Inc., a California Corporation, as their Interest appear of record
("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 317-n21-27 ("PROPERTY"
hereinafter). In consideration of the approval of Variance 92-15 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.
I n the event that Variance 92-15 expires or Is rescinded by City Council at the request of the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 1m ted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
Dated: //-11-92.
Dated: 11-4-9Z.
Dated: If-y- 'i --v
Dated: ~.-2-92-
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TRUSTE~, OWNER (Notarize)
CITY OF POWAY
By ...~I ~d
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Order No. 948975.4
Page
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Exhibit "A"
PARCEL 1:
THE SOUTHERLY 100.00 FEET OF THE NORTHERLY 370.00 FEET OF THE EASTERLY
370.00 FEET OF LOT 26 IN TRACT F OF POWAY, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 7, 1888.
SAID NORTHERLY AND EASTERLY 370.00 FEET BEING MEASURED ALONG THE NORTHERLY
AND EASTERLY LINES OF SAID LOT 26.
EXCEPTING THEREFROM THE EASTERLY 16.00 FEET THEREOF.
PARCEL 2:
PARCEL 3 AS SHOWN ON A PARCEL MAP FILED IN BOOK OF PARCEL MAPS, ON PAGE
3046, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON
SEPTEMBER 19, 1924, BEING A PORTION ON LOT 26 IN TRACT "F" OF POWAY, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
536, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY
7, 1888.
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California
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November
state of
County of San Diego
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. OFFICIAL SEAL
CAROL VAlDEZ
. NOTARY PUBLIC. CALIFORNIA
SAN DIEGO COUNTY
. My Comm. Expires Dec. 29.1992
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en this the
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19.21..., before lie, *
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4th day of
Carol Valdez
the undersigned Notary Public,
Daniel Beringhause and
Brian E. Beringhause
personally appeared
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personally known to lie
:S proved to lie on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed
'" "'" witiUn Instn..ot. :;;;~ that the,
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WI hand an offici .
N:>tary's Signature
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?AR'lNERSHIP ~
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N:>tary's Signature *
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en this the 4th day of N"",'mhor 19 92, before me, *
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) Carol Valdez , *
the uroersigned N:>tary Public, personally appeared *
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· State of California
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County of San Diego
.. OFFICIAL SEAL
. -'",..... CAROL VAlDEZ
~ : .,. NOTARY PUBLIC. CALIFORNIA
" SAN DIEGO COUNTY
,f'" My Comm. Expires Dec. 29. 1992
en this the
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day of
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before me, *
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the undersigned Notary Public, personally appeared
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t1 personally known to me
t1 proved to me on the basis of satisfactory evidence
to be the person (s) who executed the wi thin inst.runent
on behalf of the partnerShip, and ackncMledged to me that
the partnership executed it.
WI'lNESS my hand and official seal.
Dan Beringhause
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personally known to me
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~ proved to me on the basis of satisfactory evidence to *
be the person(s) who executed the within instrunent as *
. Presldent or on behalf of the corporation *
therein nam=d, and acknaril to me that the corporation *
executed i ~ *
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, 7
RESOLUTION NO. P- 92-57
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 92-15
ASSESSOR'S PARCEL NUMBER 317-021-27
WHEREAS, Variance 92-15, submitted by Bob Brownfeld/Firestone Mastercare,
applicant and Beringhause Family Trust, owner, request approval for a variance
to locate a new auto repair facility in the Pomerado Auto Center with a total of
83 parking spaces available where 93 spaces are required, on property located at
13508 Pomerado Road in the CG (Commercial General) zone; and
WHEREAS, on October 20, 1992. the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council finds that the proposed variance is categorically exempt
from environmental review because it constitutes a minor deviation from
land use standards (Class 5).
Section 2: Findinas:
1. The proposed project is consistent with the existing general plan in
that the site is designated for general commercial (CG) use and auto
repair facilities are permitted by conditional use permit in the CG
zone.
2. That there are special circumstances appl icable to the property
(size, shape topography, location, or surroundings) or the intended
use of the property, and because of this, the strict application of
the Zoning Ordinance deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning
classification.
The special circumstances include the fact that the subject site
plan and bUilding were designed for a different type of use than the
applicant proposes. In the unusually slow business climate which
currently prevails, the existing layout of this project deprives the
property owner of the flexibility necessary to find tenants. Other
auto service centers in the area do not have similar constraints.
3. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zone and denied to the
property for which the variance is sought in that other auto centers
in the area have the ability to change tenants and uses without the
parking constraints that burden the subject property.
4. That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, or
injurious to the property or improvements in such vicinity and zone
in which the property is located in that a parking analysis of this
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Resolution No. P-92-57
Page 2
development has demonstrated that existing on-site parking will be
adequate for the proposed use.
5. The granting of this variance does not constitute a special
privilege inconsistent with the limitations upon other properties in
the vicinity and zone in which such property is situated in that
other similar developments in town already function with a lower
parking ratio than this site provides.
6. The granting of this variance does not allow a use or activity which
is not otherwi se expressly authori zed by the Zoni ng Ordi nance
governing the parcel of property in that the property is located on
a site designated for general commercial (CG) use where auto repair
facilities are permitted with a conditional use permit.
7. That granting the variance or its modification will not be
incompatible with the City of Poway General Plan in that the
proposed vari ance is a mi nor devi at i on from property development
standards and will not impact the General Plan.
Findinas for Parkina Variance
1. Neither present nor anticipated future traffic volumes generated by
the use of the site or the uses of sites in the vicinity reasonably
require strict or 1 iteral interpretation and enforcement of the
specified regulation.
This finding is substantiated by the parking study which was
performed by an independent consul tant and is incorporated as
Attachment 6 in the staff report dated October 20, 1992. With the
conditions imposed by this variance, on-site parking should be
adequate for all uses on the property.
2. That the granting of the variance will not result in the parking or
loading of vehicles on publ ic streets in such a manner as to
interfere with the free flow of traffic on the streets because that
on-site parking will be sufficient and loading and service areas are
all located an adequate di stance away from the right-of-way of
Pomerado Road.
3. That the granting of the variance will not create a safety hazard or
other. condition inconsistent with the objectives of this ordinance
in that all the information submitted for this project indicates
that on-site parking, loading and access facilities will be adequate
for the new auto service use.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 92-15 subject to the following
conditions:
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Resolution No. P-92-57
Page 3
Within 30 days of approval (a) the applicant shall submit in writing
that all conditions of approval have been read and understood; and
(b) the property owner shall execute a Covenant on Real Property.
2. The proposed use shall comply with all applicable conditions
contained in City Council Resolutions P-90-95, P-88-121, and P-88-68
which established conditions of approval for the subject auto repair
center.
1.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVElOPMENT
1. The Fi restone tenant space shall be developed in accordance wi th the
approved site plans on file in the Planning Services Department and the
conditions contained herein.
2. No more than one 3,750 square foot auto service facility, including four
repair bays/or stations, may be located in Building A. The remaining
floor area in Building A shall be occupied by a use which does not require
a parking ratio of greater than one space for 300 square feet per Poway's
Zoning Ordinance.
3. Parking spaces on the site must be used by motor vehicles only. Storage
of boats or trailers shall be prohibited.
4. The annual review required by the underlying CUP 88-02R shall include an
assessment of parking availability. If the use of Building A is not in
compliance with the requirements of this resolution, or. the underlying
conditional use permit, or if the Planning Services Department has
received complaints regarding the parking availability at this center, the
required annual review shall be set for publ ic hearing before the
Council. Potential conditions to address parking problems could include
such measures as a requirement to establish a reciprocal parking agreement
with an adjacent site so that employees could use off-site parking during
peak weekend hours.
5. The parking space for the physically disabled which is eliminated by
installation of the new bay doors must be relocated prior to occupancy of
the building. The new parking space for the disabled must comply with all
current standards.
6. Disabled parking shall be located as near as possible to the main entry of
the tenant space. It is recommended that the responsible designer review
the requirements of the Americans with Disabilities Act for possibly more
restrictive disabled access requirements than found in State law and
enforced by the City.
7. Facility will be required to be accessible to the disabled throughout.
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Resolution No. P-92-57
Page 4
8. Repair garages may be classified as B-1 or M-4 occupancies, under the
Uniform Building Code, depending on the type of auto repair being done.
If the garage is classified as an H-4 occupancy, the exterior wall nearest
the property line will be required to be of one-hour fire resistive
construction with a parapet or protected roof structure complying with
Section 1710 of the Uniform Building Code, 1991 edition. A one-hour rated
fire resistive occupancy separation will be required between the H-4
occupancy and the adjacent B-2 occupancy.
9. Electrical requirements will need to be reviewed for any changed loads
resulting from additional equipment and for wiring methods and fixtures
used in the auto repair area (hazardous location).
10. Ventilation will be required in accordance with Uniform Building Code
Section 905(c) including ventilation of vehicle exhaust.
11. Air Pollution Control District and County HazMat approvals are required.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. A technical opinion/report, prepared by a qualified engineer, shall be
provided, which analyzes the existing fire sprinkler system design and
proposed operation/use, to determine if the new extra hazard use of tire
storage is adequately protected by the existing fire sprinkler system.
2. A drainage system shall be installed including floor drains with
appropriately sized oil separator or other filtration device, to ensure
that waste oil and other hazardous or toxic materials are not released
into the sewer or storm drain system.
3. An Emergency Cont i ngency Plan and Hazardous Materi a ls Di scl osure is
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
California, this 20th day of October 1992.
Gn ~
State of
ATTEST:
J l\l1.-\\:..\. k .) Cr,vh)"t,--
Marjorie K. Wahlsten, City Clerk
I
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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Resolution No. P-92-57
Page 5
I, Marjorie K. Wahlsten, City Clerk of the C.ity of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.P~57
, was duly adopted by the City Council at a meeting of said City Council
held on the 20th day of October . 1992, and that it was so adopted
by the following vote: .
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
AEPOAT\VAA9215,RES
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Marjorie'K. Wahlsten, City Clerk
City of Poway
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