Covenant Regarding Real Property 1992-0093379
REf-ORDING REQUEST BY:
513
DOC ~ 1992-0093379
21-FEB--1992 08:08 A~
CITY OF POWAY
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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)
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COVENANT REGARDING REAL PROPERTY
Larry ~. Showley and Marcia A. Showley, as Trustee under the
Showley Revocable Declaration of Trust dated November 6, 1986
("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 317-223-36
("PROPERTY" hereinafter). In consideration of the approval of
Conditional Use Permit 91-15 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
( Ex h i bit 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 91-15 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rescinded by City Council at the request of the OWNER, CITY shall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:' :1/3/'72 ~SH;rY ~
I ~~arize~
MAR I A. SHOWLEY
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Dated:
Dated:
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LEGAL DESCRIPTION
PARCEL 2 OF PARCEL MAP NO. 16511, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1991.
"EXHIBIT A"
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GENFWU. ~
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state of
California
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County of
San Dieqo
en this the
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3rd day of
February
19 ...2l, before ~,
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Glenda Jean Walsh
the undersigned N:>tary Public, personally ~ed
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Larry G. Showley and Marcia A. Showley
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OFFICIAL SEAL
GLENDA JEAN WALSH
NOTARY PUBLIC. CALIFORNIA
SAN DIEGO COUNTY
!I!f Camm, Expire. Jan, 4, 1994
tl personally known to ne
!in proved to Ire on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed
to the within instrument, and ackoowledged that they
executed it.
WI'lN!'SS my hand and official seal.
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PARINmSBIP ~
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* state of
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en this the day of 19 , before ne, *
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the undersigned Notary Public, personally appeared *
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tl personally known to ne
tl proved to ne on the basis of satisfactory evidence
to be the person (s) who executed the wi thin instrument
00 behalf of the partnership, and ackoowledged to ne that
the partnership executed it.
WI'INESS my hand and official seal.
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* Notary's Signature *
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c:xm><::BATE ~
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* state of
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County of
en this the
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day of
19_,
before ne, *
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the undersigned Notary Public, personally appeared
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tl personally known to lie
tl proved to lie on the basis of satisfactory evidence to
be the person(s) who executed the within instrument as *
or on behalf of the corporation *
and ack:nc:Mledged to lie that the corporation *
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therein naned,
executed it.
WI'mESS my hand and official seal.
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* Notary's Signature *
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RESOLUTION NO. P-92-06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 91-15
ASSESSOR'S PARCEL NUMBER 317-223-26
WHEREAS, Conditional Use Permit 91-15, submitted by Space Age
Delivery service, Inc., applicant, Showley Family Trust, owner,
requests approval to operate a delivery service which will handle
a small percentage of parcels containing hazardous materials within
an existing building located on Parcel 2, PM 16511, at 12200
Kirkham Road in the planned Community zone; and
WHEREAS, on January 28, 1992, the City Council held a duly
advertised public hearing to solicit comments from the public, both
pro and con, relative to this application
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
The potential impacts of the proposed use were addressed by
the previously Certified Final EIR and Final Subsequent EIR
for the South poway planned Community.
These documents assumed that limited amounts of hazardous
materials would be stored in the business park in conjunction
with manufacturing and research uses. Potential impacts of
such uses were again reviewed when the specific plan was
amended in 1989. A Negative Declaration with mitigation
measures was issued at that time. The potential impacts of
the proposed delivery service were adequately addressed by the
referenced documents.
Section 2: Findinqs:
1. The proposed proj ect will be consistent with the existing
general plan and specific plan.
2. The proposed location, size, design, and operating
characteristics of the proposed use are in accord with
the title and purpose of this resolution, the purpose of
the land use designation in which the site is located,
and the poway General plan and the South poway Specific
Plan; in that warehousing and distribution activities
were anticipated uses within the South poway Specific
Plan area.
3.
That the location, size, design, and
characteristics of the proposed use will be
with and will not adversely affect or be
detrimental to adjacent uses, residents,
operating
compatible
materially
buildings,
"EXHIBIT B"
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Resolution No. p-92-06
Page 2
structures, or natural resources, in that the use will be
located within an existing industrial building which is
not near any residential uses or semi-public uses.
4. That the harmony in scale, bulk, coverage, and density is
consistent with adjacent uses, because the use will be
located within an existing building and no significant
changes to the building are proposed.
5. That there are available public facilities, services, and
utilities, because the use will be located in an existing
industrial building where all necessary facilities are
already in place.
6. That there will not be a harmful effect upon desirable
neighborhood characteristics, in that the use will be
located inside an existing building which is located in
the interior of an existing planned industrial
development.
That the generation of traffic will not adversely impact
the surrounding streets and/or the City's Circulation
Element, in that the use will operate out of a business
park where existing street improvements and off-street
parking are adequate and the scale of the proposed
activity does not exceed assumptions made when traffic
impacts for the business park as a whole were reviewed.
7.
8. That the site is suitable for the type and intensity of
designated use which is proposed, in that it is in an
area designated for light industrial use.
9. That there will not be significant harmful effects upon
environmental quality and natural resources in that the
use will be contained within an existing building on a
fully developed site and conditions of approval contain
provisions to ensure safe handling of the hazardous
materials.
9. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 91-15
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.
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2.
Resolution No. P-92-06
Page 3
The use conditionally granted by this permit shall not be
conducted in such a manner as to interfere with the
reasonable use and enjoyment of surrounding light
industrial uses.
APPLICANT SHALL CONTACT THE DEPARTMENTS OF PLANNING AND BUILDING
SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The Planning Services Department shall conduct an annual
review of Conditional Use Permit 91-15 for compliance with the
conditions of approval. If the department has received
complaints, or the use is not in compliance, the review will
be forwarded to the Council, who may add conditions to the
permit or amend existing conditions of approval.
2. The applicant shall obtain a business license from the
Customer Services Department prior to commencement of business
activity.
3. If delivery vehicles are to be parked within the building, the
building would be classified as a B-1 occupancy and be
required to be separated from adjacent B-2 occupancies by a
one hour rated fire-resistive occupancy separation.
An approved oil separator or trap shall be installed in
accordance with Uniform Building Code Section 702 in vehicle
parking areas.
4.
5. Ventilation shall be provided in accordance with Uniform
Building Code Section 705 in vehicle parking areas.
6. Hazardous materials must be limited to quantities below those
shown in Uniform Building Code Table No. 9-A unless provisions
for Group H occupancies are provided in accordance with
Chapter 9 of the Uniform Building Code and applicable Fire
Code requirements.
7. The percentage of hazardous materials handled at this facility
shall not exceed ten percent of the total volume of materials
handled unless a modification to this conditional use permit
has been approved by City Council to allow the increase.
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.
Approval of this request shall not waive compliance with all
sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of building
permit issuance.
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3.
Resolution No. p- 92-06
Page 4
Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval contained
herein shall be completed to the satisfaction of the Director
of Planning Services.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
APPLXCANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Provide a key for suite to put in "Knox Box".
2. Provide one 2A:10BC fire extinguisher.
3. Any changes/modification to the suite that interferes with
fire sprinkler operation shall be corrected.
4. The referenced conditions shall be inspected at the time of
occupancy.
Prior to occupancy, the applicant shall file a business plan
with the County Health Department Hazardous Materials
Division.
Prior to occupancy, the applicant shall provide a list of
hazardous materials to be stored, used, or handled in the
subject location.
7. The applicant shall provide plans for any tenant improvements
to be completed within the building.
5.
6.
GENERAL REQUIREMENTS AND APPROVALS
The conditional use permit shall lapse and shall become void
January 28, 1994 if the site has not been occupied in
accordance with the conditional use.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 28th day of Jan ry, 19 2.
ATTEST:
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Resolution No. p-92-06
Page 5
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-92-06 , was duly adopted by the City Council
at a meeting of said City Council held on the 28th day of ____
January , 1992, and that it was so adopted by the following
vote:
AYES: HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
'Jll){l-t.~ k' /'UtvM-ry
Marjo~i~ K. wahlsten, City Clerk
City Q~ poway
REPORT\CUP8115.RES
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