Covenant Regarding Real Property 1993-0294354
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074-0789
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1914
DOC" 1993-0294354
11-MAY-1993 09:18 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
RF: 13.00 FEES: 35.00
AF: 21. 00
MF: 1.00
.
.
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This SDace for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
D & D Restaurants, Inc., a California corporation, as to an undivided 51%
interest, Mark I. Greene and Kathryn Greene, husband and wife, as joint tenants,
as to an undivided 16 1/3% interest, Steven J. Ferreira and Sheri R. Ferreira,
husband and wife, as joint tenants, as to an undivided 12 1/4% interest, Daniel
J. Ferreira and Joni B. Ferreira, husband and wife, as joint tenants, as to an
undivided 12 1/4% interest, and Michael J. Aquilante, an unmarried man, as to an
undi vided 8 1/6% interest ("OWNERS" herei nafter) 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 316-320-35 ("PROPERTY"
hereinafter). In consideration of the approval of Variance 93-01 and Development
Review 92-17 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 Variance 93-01 and Development Review 92-17 expire or are
rescinded by City Council at the request of the OWNER, CITY shall expunge this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: 3),1-/'3 jJ;At-rr~'h (2v~
I . D & D RESTA ANTS, A CALIFORNIA
/ ) COR A~~O~i' OW (Notarize)
Dated: ~) / ) 2. 9.:3 '4rf!.A
I GR ENE, OWNER (Notarize)
Dated:
KATHRYN GREfNE, OWNER (Notarize)
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
}
On 3/12/93 before me Jeff Olson Notary Public
DATE 'NAME, TITLE OF OFFICER. E,G., ~JANE DOE, NOTARY PUBUC.
Steven J Ferreira , Sheri R Ferreira,Daniel J Ferreira,Joni B Ferrei
personally appeared Robert D DePhilippis,Mark I Greene,Kathrvn Greene,
and Michael Aquila~(SlOFSIGNEA(Sl
IX! personally 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.
@ 0fRClAI. SEAL
JEFF OLSON
NotarY PubUc-CaIIIomIa
IAN DIEGO COUNlY
My CommISIfon .11
Nc/II8ITlber 18. 1994
d and official seal.
No. 5193
_ 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 iNDIVlDUAL
o CORPORATE OFFICER(S)
TITLE{S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY.iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY{leS)
1915
COVENANT REGARDING REAL PROPERTY
VARIANCE 93-01/DEVELOPMENT REVIEW 92-17
APN 316-320-35
PAGE 2
Dated: 3-rz...-Q3
~J' __
STEV . RRfIRA, OWNER (Notarize)
~R~
SH R FERREIRA, OWN Notarize}
~~;.1
L
Dated: "'3- I "l..-- '\ ">
Dated: 3-/2--13
Dated: 3 -/,2 - 95
,2
Dated:
:3 -/.;;?- 9'3
Dated: c?-;;<3-93
CITY OF POWAY
By ~~d ~~} -L/~-tfL
.
.
/1
.'
"
1916
ORDER NJ.: 162592-05
saID:XJLE A (cx:ntim>ed)
,
Lot 68 of City of Poway Tract Map 88-03, in the City of Poway, County of San
Diego, State of California, ac=rding to Map thereof NJ. 12683, filed in the
Office of the County ReaJrder of San Diego County, August 14, 1990, as
aJ.L.L"ected by Certificate of Correcticn .L.,a).cded Deoember 20, 1990 as
File/Page NJ. 90-676494 of Official &,:,,:).cds.
RESOLUTION NO. P- 93-06
1917
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-01 AND
DEVELOPMENT REVIEW 92-17
ASSESSOR'S PARCEL NUMBER 316-320-35
WHEREAS, Variance 93-01 and Development Review 92-17, submitted by
PizzaMakers, Ltd., appl icant, for the purpose of constructing a restaurant on the
northwest corner of the Poway Road and Oak Knoll Drive intersection in the City
of Poway, County of San Diego, State of California; and
WHEREAS, on February 23, 1993, 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 Variance 93-01 and Development Review 92-17
will not result in any significant impact on the environment and hereby
issues a Negative Declaration with mitigation measures.
Section 2: Findinqs:
Variance 93-01
1. That there are special circumstances applicable 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 classifications.
The amount of the lot actually available for development is
constrained because of various encumbrances. The subject property
has street frontages along three sides and the Zoni ng Ordi nance
requires that street side yards be 20 feet wide in commercial zones
and that they be landscaped.
2. 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 there are other
commercial properties in the vicinity of similar size which have
approximately the same building size and lot coverage.
3. 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 the site will be developed with a
commercial building that will be similar in size an scale to other
eXisting commercial structures in the area.
1918
Resolution No. P-93-06
Page 2
4. The granting of this variance does not constitute a special
pri vil ege i nconsi stent with the 1 imitat ions upon other propert ies in
the vicinity and zone in which such property is situated, in that
the proposed project complies with the lot coverage standard for the
zone. In addition, other commercial properties in the area have
been developed with equivalent or greater lot coverage.
5. The granting of this variance does not allow a use or activity which
is not otherwise expressly authorized by the zoning regulation
governing the parcel of property in that restaurants are a permitted
use in the commercial zone.
6. Granting the variance or its modification will not be incompatible
with the Poway General Plan.
Develooment Review 92-17
1. That the proposed development is in conformance wi th the Poway
General Plan in that restaurants are permitted in the CG zone.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties in that the surrounding land uses are residential and
commercial and the site has been designed to minimize impacts.
3. That 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: City Council Decision:
The City Council hereby approves Variance 93-01 and Development Review 92-
17 subject to the following conditions:
Within 30 days of approval (I) 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Si te shall be developed in accordance with the approved si te pl ans on fil e
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.
1919
Resolution No. P-93-06
Page 3
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.
5. Trash receptacle shall be enclosed by a six foot high masonry wall with
vi ew-obstruct i ng gates pursuant to Ci ty standards. Locat i on shall be
subject to approval by the Planning Services Department.
6. All roof appurtenances, including air conditioners, shall be
archi tectura lly integrated, screened from vi ew and sound buffered from
adjacent properties and streets as requi red by the Planni ng Servi ces
Department.
7. Bicycle storage facil ities shall be provided prior to certification of
occupancy. The facilities shall be able to accommodate a minimum of two
bicycles and shall be a stationary storage rack or device.
8. Disabled access shall be provided throughout the restaurant, including
designated seating for wheelchair patrons.
9. 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.
10. For a new commercial development, the applicant shall pay development
fees at the established rate. The following fees including but not
limited to traffic mitigation, drainage, water base capacity, water
authority service fees, water meter fee, sewer connection, sewer cleanout,
and sewer inspection fees shall be paid prior to building permit issuance.
11. Building identification and/or addresses shall be placed on 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. In the event the City receives complaints on frequent restaurant parking
spillover from the restaurant into the surrounding neighborhood, the City
will monitor the s ituat i on and determi ne whether parki ng restri ct ions
along Crest Road or Oak Knoll Drive are warranted.
13. The restaurant shall use non-metal trash containers and schedul e trash
collection after 9 a.m.
14. 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.
1920
Reso 1 ut i on No. P- 93-06
Page 4
PARKING AND VEHICULAR ACCESS
1. The parking lot area shall be developed per the site design approved by
the City Council. Disabled stalls shall be provided in accordance with
City standards.
2. 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. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 24 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
4. All standard-sized parking spaces shall be double striped with a minimum
inside dimension of 8'6" x 18'6". Wheel stops shall be provided for each
space.
5. The subject property owners shall establ ish a lease agreement with a
commercial property owner in the immediate vicinity to allow the
restaurant to util ize off-site parking facil ities for employees. The
location of the off-site parking facilities and the lease agreement shall
be approved by the Department of Planning Services prior to building
permit issuance.
LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to and
approved by the Pl ann i ng Servi ces Department pri or to the issuance of
building permits.
2. 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 i nteri or streets and 20 feet on exteri or
streets.
3. An eight foot high sectionalized, solid woodcrete fence shall be installed
along the top of the slope near the westerly property line. An eight foot
high masonry wall shall be constructed along the northerly property line
in a location approved by the Department of Planning Services. Landscaping
shall be installed and maintained along the fence and wall in a landscape
planter to provide a dense landscape screen. In the event the City needs
to access the drainage easement along the westerly property line for
ma i ntenance purposes, the property owner shall agree to remove and
reconstruct the fence at his/her own costs.
4. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
1921
Resolution No. P-93-06
Page 5
5. The developer shall landscape and maintain the non-paved portion of the
public right-of-way between the northerly property line and the existing
sidewal k.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
ADDITIONAL APPROVALS REOUIRED
1. The necessary permits and license shall be obtained from the County Health
Department prior to the onset of business activity. If beer and wine are
to be served, a permit/l icense shall al so be obtained form the State
Alcoholic Beverage Control Department.
2. The applicant shall provide verification of State Board of Equalization
noti fi cat i on and that appropri ate revi ews and/or approval s have been
accomplished to the satisfaction of the Director of Administrative
Services.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
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 qualified engineer licensed by the
State of California to perform such work at first submittal of a grading
plan.
3. A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
4. The final grading plan, prepared on a standard size sheet, shall be
subject to review and approval by the Planning Services and Engineering
Services Departments and shall be completed prior to issuance of a grading
permit.
5. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
6. A fi na 1 compaction report shall be submi tted and approved pri or to
issuance of building permits.
7. Site grading shall be certified by the project civil engineer prior to
issuance of building permits.
1922
Resolution No. P- 93-06
Page 6
8. Non-supervised nor non-engineered fill is specifically not allowed. Rock
di sposa 1 areas shall be graded in compl i ance with City-approved soil s
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. The tops and toes of all graded slopes shall be constructed with a five
foot minimum setback from any open space area.
STREETS AND SIDEWALKS
1. Street striping and signing shall be installed to the satisfaction of the
Director of Engineering Services. Identification of signs shall be shown
on street improvement plan.
2. 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.
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.
DRAINAGE AND FLOOD CONTROL
1. A drainage system capable of handling and disposing of all surface water
originating within the property, and all surface waters that may flow onto
the property from adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
2. Portl and cement concrete cross gutters sha 11 be i nsta 11 ed where water
crosses the roadways.
3. Concentrated flows across driveways and/or sidewalks shall not be
permit ted.
UTILITIES
1. All proposed utilities within the project shall be installed underground.
2. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
3. The developer shall be responsible for the relocation and undergrounding
of ~xisting public utilities as required.
1923
Resolution No. P- 93-06
Page 7
4. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the County of
San Diego Department of Health.
5. Property shall be annexed to the sewer improvement area prior to
acceptance of property for sewer service.
6. The applicant shall pay for a water system analysis to establish the
proper size and location for the public water system. The amount will be
determined by the cost of the analysis and shall be paid:
7. Within 30 days after receiving approval of the variance and development
review, appl icant shall apply for a Letter of Avail abil ity (LOA) to
reserve sewerage availabil ity 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.
8. Water and sewer main 1 i nes and appurtenances that wi 11 be i nsta 11 ed 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 facil ities 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.
9. All public utility lines (i.e., water, sewer, drainage) not located within
public streets shall have an improved access over and along the respective
easement, the surfacing and width of which shall be acceptable to the City
Engineer.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. 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
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 di sp 1 ayed on the roof in a manner sat i sfactory to the
Di rector of Safety Servi ces, and meet i ng Sheriff Department - ASTREA
criteri a.
3. The building will be required to install an approved fire sprinkler
system, meeting Poway Municipal Code requirements. The entire system is
to be monitored by a central monitoring company. System post indicator
valve shall have a tamper switch, also monitored, and shall be located by
the City Fire Marshal prior to installation. Approximate location will be
at the driveway entrance from Oak Knoll Drive, near the existing fire
hydrant.
Resolution No. P_93_tk924
Page 8
4. The fire sprinkler service is to be a separate service from the eight inch
Oak Knoll Drive water main and not connected to the fire hydrant service
line as implied on the drawings.
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.
6. A hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. Plans to be submitted and approved,
prior to installation.
7. Permanent access roadways for fire apparatus shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
8. Fi re Department access for use of fi re fighting 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.
GENERAL REOUIREMENTS AND APPROVALS
Prior to occupancy, all dedications shall be made and easements granted as
required above.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 23rd day of February, 1993.
".-
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Don Higginson, yor
ATTEST:
~ t:( 1\)wv,,-t:.
. Wahlsten, City Clerk