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
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(This space for Recorder's Use)
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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and Development Review 90-15 expires or is rescinded by City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:
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t E. Faaborg
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OWNER (Notarize)
Dated:
1-,;;0- q:::z
CITY OF POWAY
By
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(No need to N tarize
,ENERAL ACKNOWLEDGMENT
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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
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19 0/-,.. before me, *
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1489
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On th is the ,1'kU- day of
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the undersigned Notary
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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.
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No~a~ifs'lognat;~ttlf ) J1A'11r"j
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ORDER NO. 4342-01
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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ATTEST:
'" Ja] Gol
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Mayor
smith,
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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
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Marjorie K. wahlsten, City Clerk
City of poway
REPORT\CUP9014.RES