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Covenant Regarding Real Property 1992-0072307 RECORDING REQUEST BY: CITY OF POWAY 1488 nor ~ 1992-0072307 ll-FcB-1992 08:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER RF: 14. 00 FEES: AF: 23.00 MF: 1.00 38.00 CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ) ) ) ) ) ) ) ) ) ) ) ) (This space for Recorder's Use) ~ WHEN RECORDED MAIL TO: No Transfer Tax Due COVENANT REGARD,J,:NG REAL PROPERTY Robert E. Faaborg and De Lora Faaborg, husband and wife as joint tenants ("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 323- 270-19 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 90-14, Variance 90-10, and Development Review 90-15 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. In the event that Conditional Use Permit 90-14, Variance 9-10, and Development Review 90-15 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 impacted by the performance of this Covenant the right to enforce this Covenant against OWNER. Dated: / -~f?- ?;z. . t E. Faaborg I .,-~ OWNER (Notarize) Dated: 1-,;;0- q:::z CITY OF POWAY By ~ tJr - cf-~-tfu, (No need to N tarize ,ENERAL ACKNOWLEDGMENT ~ * * * * * * * * * * * * * * State of (I a J), (-,N!. i1(:o. County Of&//lll,O:, '(G.' tJ OFFICIAL NOTARY SEAl. ~. PIlYI.l.IS CAROL MANFUL NoIory Public - CaIIlornla SAN DIEGO COUNTY . My Camm. Explf.. DEC 05, t9GS . * * * * * * * * * * * * * * * *. * * * * * * * * * * * * * * * * * 19 0/-,.. before me, * - * * * * * -.. * * * * * * * *, * * * * * * * * * * * * * 1489 * * 'Ie * * * * * * * * * * * * On th is the ,1'kU- day of ) ss._~ ) '.vH ~L L ,<:: (! the undersigned Notary ':- .J L~ personally appeared ,"!2C/1CP;- c' i-/l,letJR'4 ,~ persenally kRQWR to me '-~ proved to me on the basis of satisfactory evidence Xii' be the person(s) whose name(s) I S subscribed to the within instrument, and acknowledged that h~' executed it. ,:~~S my hand and official seal. \~.; A e ,- " No~a~ifs'lognat;~ttlf ) J1A'11r"j * * * * * * * * * * * * * * * * * * * * * * ORDER NO. 4342-01 , '~, 1490 AF - LEGAL DESCRIPTION __ PARCEL 1: THE NORTHERLY 287.20 FEET OF THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER DISTANT THEREON 338.85 FEET WESTERLY FROM THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT IN THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER DISTANT THEREON 338.75 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER. EXCEPTING THEREFROM THE EASTERLY 169.37 FEET THEREOF. PARCEL 2: ALSO AN EASEMENT AND RIGHT OF WAY TO BE USED IN COMMON WITH OTHERS FOR UTILITIES AND FOR INGRESS AND EGRESS OVER A STRIP OF LAND 40.00 FEET IN WIDTH LYING WESTERLY OF AND IMMEDIATELY ADJOINING THE WESTERLY LINE OF THE ABOVE DESCRIBED PROPERTY. r l ~: 14 91- ~ RESOLUTION NO. p-91-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 90-14, VARIANCE 90-10, AND DEVELOPMENT REVIEW 90-15 ASSESSOR'S PARCEL NUMBER 323-270-19 WHEREAS, Conditional Use Permit 90-14, Variance 90-10, and Development Review 90-15, submitted by Jim and Robert Faaborg, applicants, requests approval of the construction of a 5450 square foot auto body repair shop at 14211 Garden Road; and WHEREAS, on February 26, 1991, the City Council held a hearing on the above-referenced item. NOW, THEREFORE, the City Council does hereby resol ve as follows: Section 1: Environmental Findinqs: The City Council finds that this project will not have a significant adverse impact on the environment and hereby issues a Negative Declaration with mitigation measures as contained in the conditions of approval. Section 2: Findinqs: The proposed project will be consistent with the existing general plan and there is a reasonable probability that the project will be consistent with the proposed general plan. Conditional Use Permit 90-14 1. 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 expansion of operating capacity which the new building will supply will also provide for the most up-to-date technology for sound attenuation and protection of surrounding air quality. 2. That the scale, bulk, coverage, and density is consistent with adjacent uses, in that total lot coverage of buildings is well below the maximum 40 percent. It is between 16 - 17 percent. 3. That there are available public'facilities, services utilities to serve the proposed use as all facilities services can be provided for through conditions approval. and and of 1492 r Resolution No. P-91-17 Page 2 4. That there will not be a harmful effect upon desirable neighborhood characteristics, in that lighting and noise impacts will be improved as a result of construction of the proposed building in compliance with adopted City development standards. 5. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that a condition of approval will require the payment of Traffic Mitigation Fee of $404 as well as provision of off-street parking, and the future elimination of street access from Golden way at such time as the adjacent property to the west is developed. 6. That the site is suitable for the type and intensity of use and development proposed in that the site is located in the MS zone which permits the operation of auto repair services when regulated by a conditional use permit. 7 . That there will not be significant harmful effects upon the environmental quality and natural resources, in that the handling, storage, and disposal of hazardous materials will be regulated by county health standards and the new building will be designed to reduce exterior noise emissions to acceptable standards. l 8. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. 9. That the impacts, as described above, and the location of the proposed use will not adversely affect the City of poway General Plan for future as well as present development. Variance 90-10 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 proposed building is located approximately six feet lower than the elevation of poway Road at the Garden Road intersection. Because of this grade separation the perceived height of the proposed wall sign when viewed from the roadway will appear to be no greater than 20 ~ 1493 r Resolution No. P-91-17 Page 3 feet although when measured from the immediate grade within five feet of the building it will be 26 feet in height. 2. Granting the variance, or its modification, is necessary for the preservation and enj oyment 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 the subject property is the only one within the immediate area which is measurably below street grade thereby rendering its buildings and signing less prominent than neighboring businesses. Since the new building will be positioned over the footprint of the present one the parking area has been established by the location of the present building. 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 there is a generous front planting area separating the parking area from the roadway. The sign will be installed in conjunction with the construction of a new building and its position has been integrated into the building's design. ( 4. 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 neighbor ing commercial businesses observe minimal front setbacks, and the sign will not appear higher than signs on neighboring properties. 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 auto repair facilities are encouraged to locate within the MS zone in which this lot is located and on which this facility has been in continuous operation for an extensive period of time. 6. Granting the variance or its modification will not be incompatible with the City of poway General plan because of the minimal nature of the request. r L 1494 Resolution No. p-91-17 Page 4 Development Review 90-15 1. That the proposed development is in conformance with the poway General Plan, in that auto services are allowed in the Manufacturing Service land use designation with approval of a conditional use permit. 2. That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adj oining properties, as noted under findings in the Conditional Use Permit section. 3. That the proposed development is in compliance with the Zoning Ordinance, in that all development standards, with the exceptions being a variance from front setback and wall sign height standards, will be met in development of the project. 4. The proposed development encourages the orderly and harmonious appearance of structures and property within the City because the building has been designed in an "old West" theme which compliments adjacent residential properties along Golden Way and is consistent with the guidelines found in the Community Design Element of the General Plan. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 90-14, Variance 90-10, and Development Review 90-15 subject to the following conditions: 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. 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. r l 1495 Resolution No. p-91-17 Page 5 3. Approval of this request shall not waive compliance with all sections of the Zoning Development Code and all other applicable City Ordinance in effect at the time of building permit issuance. 4. 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. 5. Prior to being granted final occupancy, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 6. 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. 7. For a new commercial or industrial development, or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees. These fees shall be paid prior to building permit issuance. 8. Building identification andlor 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. No outdoor paging system shall be permitted. A six foot high view-obscuring fence shall be installed along the western side of the property and between the customer parking and auto storage portions of the parking lot so as to effectively screen damaged/stored vehicles. *9. 10. 11. Access to Golden Way shall be relinquished at such time as the City deems necessary for the development of the adjacent lot to the west. *12. An eight foot masonry wall shall be constructed along the southern property line. A five foot wide planter shall be installed adjacent to the wall with 15 gallon trees planted 20 feet on center. 13 . All utilities serving the new building shall be underground. r l 1496 Resolution No. p-91-17 Page 6 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. PARKING AND VEHICULAR ACCESS 1. 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. 2. All two-way traffic aisles shall be a m1n1mum 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. 3. All 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. 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 this approval. ADDITIONAL APPROVALS REQUIRED * At the completion of construction, and prior to occupancy, interior and exterior CNEL shall be determined by field testing at developer's expense. 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. r l .. 1497 Resolution No. P-91-17 Page 7 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 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 blasting. Seismic recordings shall be taken for all blasting and blasting shall occur only at locations and levels approved by the City Engineer. STREETS AND SIDEWALKS 1. Reciprocal access and maintenance and/or agreements shall be provided insuring access to all parcels using private drives and maintenance thereof to the satisfaction of the Director of Engineering Services. All street and/or parking lot structural sections shall be submitted to and approved by the Director of Engineering Services. 2. 3. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to final inspection 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 developer shall pay the Traffic Mitigation Fee of $404 prior to building permit issuance. DRAINAGE AND FLOOD CONTROL The Master plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to building permit issuance. Credit will be given for any drainage fees paid to the County or City with earlier approvals. Since no records are available from the County, it is the applicants responsibility to provide evidence of payment of such fees if any were paid. F I 1498 Resolution No. P-91-17 Page 8 UTILITIES 1. 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. 2. Locate sewer service lateral and place property line cleanout. APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The buildings shall display their numeric address in a manner visible from the access street. Building addresses shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services. Minimum size of building numbers is six inches on facade of building. 2. All driveways in excess of 150 feet shall be provided with approved turnarounds. 3 . The subject 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. The installation of one on-site fire hydrant is required. location of the hydrant has been determined by the City Marshal to be at the northwest corner of the property. Material Safety Data Sheets shall be required for hazardous and/or toxic substances used in each building. 6. An Emergency Contingency plan and Hazardous Materials Disclosure is required to be filed with the County of San Diego Department of Health and copies provided to the Fire Department. 4 . The Fire *5. all 7. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. 8. Designated fire lanes shall be provided with appropriate signs and curb marking as determined by the Department of Safety Services. F [ 1499 Resolution No. P-91-17 Page 9 9. A "Knox Box" security system shall be provided for building. Additional Knox padlock shall be provided for the sprinkler system post indicator valve. *10. All painting operations shall be conducted only wi thin an approved paint spray booth. APPROVED and ADOPTED by the City Council of state of California, this 26th day of Februrry " the City of Poway, 991. _11./ / cCL/ ~, ATTEST: '" Ja] Gol ", '- Mayor smith, l' , ..r-- I ',f ~ \ ' ,. t I, - i.., _ Marjorie K. wahlsten, City Clerk 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-91-17 , was duly adopted by the City Council at a meeting of said City Council held on the 26th day of _ February , 1991, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE , ! I ' 11. " Marjorie K. wahlsten, City Clerk City of poway REPORT\CUP9014.RES