Covenant Regarding Real Property 1992-0785612
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703
DOC .; 1992-0785612
08-DEC-1992 08=48 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECOROER
RF: 13.00 FEES: 35.00
AF: 21.00
MF: 1. 00
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Marechal/St. John, a California General Partnership ("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 317-101-07 ("PROPERTY"
hereinafter). In consideration of the approval of Conditional Use Permit 92-08 and
Development Review 92-14 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 92-08 and Development Review 92-14 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or is rescinded by City Council at the request of the OWNER, CITY shall expunge this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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CITY OF POWAY
BY~ CJ~-lf~
(No need to Notanze)
Dated:
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. State of en this the
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day of 19 _, before 11\:, *
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COOnty of
the undersigned tbtary Public, personally aweared
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tl personally known to II\:
tl proved to II\: on the basis of .satisfactory evidence
to be the person(s) whose name(s) subscribed
to the within inst.n.ment, and acknc:lwledged that
eKecuted it.
WI'rnESS my hand and official seal.
· tbtary' s Signature *
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?ARrnERSHIP ~
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· State of California
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COOnty of San Diego
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en this the 3rd day of December 19 ~, before lIE, *
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) Denise A. Druhot--------------------------------------- , *
the undersigned Notary Public, personally aweared *
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James K. Marechal. Jr. and Robert C. StJohn-----------
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. OFFICIAL SEAL
DENISE A. DRUHOT
NllfNrt PI.8UC. CALFOllNIA
1M CEllO CCll.WTY
My Camm. Elqlns AIMI 22, 19!M
m personally known to lIE
tl proved to lIE on the basis of satisfactory evidence
to be the person(s) who executed the within instrullent
on behalf of the partnership, and ackoowledged to lIE that
the partnership executed. it.
WI'INESS my hand and official seal.
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Notary I S Signature
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en this the
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19 _, before lIE,
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the undersigned Notary Public, personally appeared
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tl personally known to lIE
t1 proved to lIE on the basis of satisfactory evidence to
be the person(s) who executed the within inst.runent as
or on behalf of the oorporation
and ackr1c:lwledged to lIE that the corporation *
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therein nam=d,
executed it.
WI'rnESS my hand and official seal.
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706
RESOLUTION NO. P- 92-64
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 92-08 AND
DEVELOPMENT REVIEW 92-14
ASSESSOR'S PARCEL NUMBER 317-101-07
WHEREAS, Conditional Use Permit 92-08 and Development Review 92-14,
submitted by St. Mar Enterprises, applicant, for the purpose of establishing a
drive-through restaurant at 13112 Poway Road in the City of Poway, County of San
Diego, State of California; and
WHEREAS, on November 10, 1992, the City Council held a public hearing on
the above-referenced items.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
The City Council finds that Conditional Use Permit 92-08 and Development
Review 92-14 will not result in any significant impact on the environment
and hereby issues a Negative Declaration.
Section 2: Findinos:
Conditional Use Permit 92-08
1. The proposed project is consistent with the General Plan in that it
proposes a commercial use on a site designated CG (Commercial
General) .
2. 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 surrounding land uses are
residential and commercial and the design of the project will serve
to minimize impacts.
3. The scale, bulk, coverage, and density is consistent with adjacent
uses in that the structures proposed are limited to a 3046 square
foot building and the project will meet all appl icable property
development standards including lot coverage.
4. There are available public facilities, services, and utilities to
serv.e the proposed usedn that the site was previously developed as
a commercial use and all necessary public facilities have already
been provided.
Develooment Review 92-15
1. That the proposed development is in conformance with the Poway
General Plan in that drive-through restaurants are permitted in the
CG zone with approval of a conditional use permit.
. 707
Resolution No. P-92-64
Page 2
2, That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties as noted under the findings in the preceding section.
3. That the proposed development is in compliance with the Zoning
Ordinance in that all applicable development standards are met by
the project design.
4. The proposed development encourages the orderly and harmonious
appearance of structures and property within the City in that the
scale and design of the building will be similar to or smaller than
that of other commercial developments along Poway Road.
Section 3: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 92-08 and
Development Review 92-14 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 tonducted
in such a manner as to interfere with 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
compl aints, the required annual review shall be set for a publ ic
hearing before the City Council, to consider modification or
revocation of the use permit.
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 Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
4. 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.
708
Resolution No. P-92-64
Page 3
5. 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.
6. 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.
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..
B. For this commercial development, the applicant shall pay development fees
at the established rate. The following fees, including, but not limited
to, traffic mitigation $20,306.55, water base capacity (for any increase
in meter size), sewer connection fee, sewer cleanout($50), and sewer
inspection ($25) fees shall be paid prior to building permit issuance.
The traffic mitigation fee was calculated considering the building as one-
half sit-down fast food (300 trips/IOOO square feet) and one-half drive-
through (600 trips/l000 square feet) with a credit for the prior
commercial use (40 trips/IOOO square feet).
Permit and plan check fees shall be paid upon submittal of a grading plan.
9. A shade structure shall be provided over all or part of the outdoor
seating area.
10. The site/grading plan shall be revised to show that the drive-through
driveway is elevated to the same level or higher than the sidewalk which
crosses the drive-through driveway exit along Tarascan Drive.
11. Building identification and/or addresses shall De placed o~ all new and
existing buildings so as to be plainly visible from the street or access
road; color of identification and/or addresses shall contrast with their
background color.
12. Order box speaker shall be ori ented to face west.
13. 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
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1.
Parking lot lights shall be low pressure sodium and have a maximum height
of IB 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 24 feet wide at all times during construction in accordance with Safety
Services Department requirements.
709
Resolution No. P-92-64
Page 4
3. All parking spaces shall be double striped.
LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits. Landscape plans shall incorporate berming, shrubs, and
trees spaced no more than 15 feet on center adjacent to the outdoor patio
to shield the eating area from Poway Road.
Z. 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 on interior streets and 20 feet on exterior
streets.
3. A six foot high masonry wall shall be constructed along the northerly
property line. Fifteen (15) gallon trees, 20 feet on-center, and
shrubbery shall be installed and maintained along the inside of the wall
in a five foot wide, raised landscaped planter to provide a dense
landscape screen.
4. 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. The freestanding sign shall
incorporate a street address.
EXISTING STRUCTURES
Existing building(s) shall be made to comply with current building and
regulations for the intended use.
ADDITIONAL APPROVALS REOUIRED
1. The applicant shall provide verification of State Board of Equalization
notification and that appropriate reviews and/or approval s have been
accomplished to the satisfaction of the Director of Administrative
Services.
2. The necessary permi ts and 1 i censes for food handl i ng shall be obtained
from the County Health Department prior to the onset of business activity.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING 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.
710
Resolution No. P- 92-64
Page 5
Z. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work at first submittal of grading
plan.
3. The final grading pl an shall be subject to review and approval by the
Planning and Engineering Services Departments and shall be completed prior
to issuance of a grading permit.
4. A pre-blast survey of surrounding property shall be conducted to the
satisfaction of the City Engineer prior to any rock 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 grading shall be certified by the project civil engineer prior to
issuance of building permits.
7. All new slopes shall be a minimum of Z: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 soils
investigations and recommendations and grading plans.
9. Erosion control, including, but not limited to, desiltation basins, shall
be installed. The developer shall make provisions to insure the proper
maintenance of all erosion control devices throughout their intended life.
10. Driveways shall limit grade changes to a maximum of 8 percent in ZO feet
horizontal.
STREETS AND SIDEWALKS
. 1. The main entrance on Poway Road shall be constructed as an alley-return
driveway with handicapped ramps.
Z. Striping and signing shall be installed to the satisfaction of the
Director of Engineering Services. Identification of signs shall be shown
on the grading plan.
3. All street and parking lot 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.
4. 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.
5. 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.
711
Resolution No. P-92-64
Page 6
DRAINAGE AND FLOOD CONTROL
Concentrated flows across driveways and/or sidewalks shall not be
permitted. A curb outlet shall be provided onto Poway Road.
UTILITIES
1. All proposed utilities within the project shall be installed underground.
2. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
3. Water and fire protection systems shall be designed and constructed to
meet requirements of the City of Poway and the County of San Diego
Department of Health.
4. Prior to acceptance of property for sewer service, annexation to the sewer
improvement area shall occur.
5. The appl icant shall pay for a water system analysis for a fire sprinkle
system or additional fire hydrant, if required, at the established rate to
determine the proper size and location for the public water system. The
amount shall be paid upon demand by the City.
6. The appl icant shall, within 30 days after receiving approval of the
conditional use permit and development review,apply for a Letter of
Availability (LOA) to reserve sewerage availability andpost 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.
7. Water and sewer main lines and appurtenances that will be installed at
locations other than within publ ic streets shall have an easement, a
minimum of 20 feet wide, dedicated to the City of Poway. Multiple
parallel facilities will require additional easement width for on-site
facilities. Dedication shall be offered in the final map whereas off-site
lines shall have the easement dedicated by a separate instrument recorded
prior to final map approval.
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
Poway Road. Minimum size of the building numbers shall be six inches on
the front facade of the building, street facing side. Building address
shall also be displayed on the roof in a manner satisfactory to the
Di rector of Safety Servi ces, and meeting Sheri ff Department - ASTREA
criteria.
3. The buil di ng will be requi red to i nsta 11 an approved fi re spri nkl er
system, meeting Poway Municipal Code requirements. The entire system is
to be monitored by a central monitoring company. System post indicator
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Resolution No. P- 92-64
Page 7
712
4.
valve with a tamper switch, also monitored, shall be located by the City
Fire Marshal prior to installation. Approximate location will be at the
public main in front of the new building.
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 Valves.
A hood and duct extinguishing system shall be install for all cooking
facilities within the kitchen area. Plans to be submitted and approved,
prior to installation.
Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
Fi re Department access for use of fi re fight i ng equi pment shall be
provided to the immediate job construction site at the start of
construction and maintained at all times until construction is completed.
5.
6.
7.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
The site shall be annexed into Landscape Maintenance District 86-03B.
Assessments for FY92-93 are based on $33.66 per unit (commercial property
1 acre - 4 units) Assessments are subject to change each fiscal year and
are collect by Property Tax Bills.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this lOth day of November 1992.
ATTEST:
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Resolution No. P- 92-64
Page 8
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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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-92-64 , was duly adopted by the City Council at a meeting of said City
Council held on the 10th day of November , 1992, and that it was so
adopted by the following vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
m '~ k )'lJ~~
Marjonie . Wahlsten, City Clerk
City f P way
REPORT\CUP920B.RES
(Note: One vacancy created by termination of Mayor Goldsmith's appointed term on
November 3, 1992.)