Loading...
Covenant Regarding Real Property 1990-550873 RECORDING REQUEST BY: CITY OF POWAY i1288 90 55"'873 ~cltJ $".5'0 c.:~>;~,~{".{r{ ;r~~ R f;~l~n s :~~ i"::.!'AHY. :;l'. No Transfer Tax Due ) ) ) ) ) ) ) ) ) ) ) ) 'Cs'Qn n,r! _0 ~u 8: 44 k.....,.., u,...4 0 Rtf WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ; VERA L,. LYLE~ ' ''''''''7'( "'-'O"'U.R ' \";J,.r-,-, rtt.t". r! ".' L_ (This space for Recorder's use) tm'F AR M COVENANT REGARDING REAL PROPERTY Richard M. Darr, a single man ("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 317-490-57 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 90-05 and Development Review 88-01 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 In the event that Conditional Use Permit 9D-05 and Development Review 88-01 expire or are rescinded by City Council at the request of the OWNER.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. ~J?1( {)4~ o NER Notarize Dated: /0- 3- 76 , Dated: ~ "'I; 1/7p CITY OF POWAY 'Y (No ,,~~ k '. i12~9 ORDER NO. 62023-5 LEGAL DESCRIPTION DISK NO. 196 PARCEL 1: The Easterly 150.00 feet of the Northerly 411.00 feet of the Southeast Quarter of Section 14, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Uni ted States Government Survey approved November 19, 1880. PARCEL 2: An easement for ingress and egress for road and public utility purposes over, under, along and across the Southerly 21.00 feet of the Northerly 411.00 feet of the East Half of the Southeast Quarter of Section 14, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved November 19, 1880. EXCEPTING THEREFROM, that portion lying within Parcell hereinabove described. ~290 .. .. .. .. .. .. .. .. .. .. * * * * * * * * * * * * . * * . * OFFICIAl SEAl NANCY N NEUFElD Nol8ry PubIIo-Calllomia SAN DIEGO COUNTY o personally known to me .. [I;}-proved to me on the basis of satisfactory evidence .. to be the person~ whose nane~ ./LJ s~ribed .. to the within inst.runent, and acknowledged that ~ .. executed it. .. :i.;i#:('o1 'w. ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Myeomm. Exp. Doo. 21.1. PARnlERSB:IP ~ * * * * * * * . * * * * * * .. State of .. .. County of .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. * * On this the day of 19 , before me, ) 55. ) the undersigned Notary Public, personally appeared .. .. .. .. , .. .. , .. .. .. .. .. .. .. .. .. .. .. .. .. .. o personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Notary's Signature . * * * * * * * * * * * * * * * * * * . * * * * * * * * * * * * * * * * * * * * * * * * CXlRPORATE ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. State of .. .. County of .. .. .. n proved to me on the basis of satisfactory evidence to .. '6e the person(s) who executed the within instrument as * or on behalf of the corporation .. therein named, and acknowledged to me that the corporation .. executed it. .. WIWESS my hand and official seal. * * * .. Notary's Signature * . * * . * . * * * * * * * . * * * * * * * * * * * * * . * * * * * * * * * * * * * * .. . * * . * .. .. .. .. .. .. .. .. .. .. .. .. .. * * * * * * * * * * * * * * * * . * * * * * * * * * * * * * * * * * . On this the day of 19 _, before me, .. ) 55. * ) , .. .. .. , .. the undersigned Notary Public, personally appeared o personally known to me .. (6/84) , [ [ ~ ( )1291 (- RESOLUTION NO. P-90-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 90-05 AND DEVELOPMENT REVIEW 88-01 ASSESSOR'S PARCEL NUMBER 317-490-57 WHEREAS, Conditional Use Permit 90-05 and Development Review 88-01, sub- mitted by Richard Darr, applicant, requests approval of an expansion of an existing restaurant facility which will serve alcohol, and operation of a wood storage lot located at 12957 poway Road, in the CG zone; and WHEREAS, on August 28, 1990, the City Council held a hearing on the above- referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findings: The City Council finds that this project will not have a significant adverse impact on the environment and hereby issues a Negative Declaration. Section 2: Findings: Conditional Use Permit 90-05 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. The restaurant will serve alcoholic beverages and will be licensed by the Alcoholic Beverage Control Board. The establishment of the wood storage lot on the premises will be viaually screened from surrounding homes and businesses by masonry walls. The nuisance factors associated with the project have been mitigated through conditions of approval. 2. That the scale, bulk, coverage, and density is consistent with adjacent- uses, in that all development standards of the Zoning Development Code are met. The project will meet the applicable property development standards for off-street parking, setbacks, lot coverage, and building height. 3. That there are available public facilities, services, and utilIties to serve the proposed use as all facilities and services can be provided for through the conditions of approval. 4. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the physIcal separation between residential and commercial uses wIll be adequate. . ~ r [ ( ( 1292 Resolution No. P-90-65 Page 2 5. That the generation of traffic will not adversely impact the surrounding streets andfor the City's Circulation Element in that a condition of approval will require the payment of Traffic Mitigation Fees and the construction of an expanded off-street parking lot for the faci I ity. 6. That the site is suitable for the type and intensity of use and devel- lopment proposed in that the site is located in a Commercial General zone and that a restaurant is a permitted use in a commercial zone with a conditional use permit where alcoholic beverages are served. 7. That there will not be significant harmful effects upon the environmen- tal quality and natural resources. 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. Development Review 88-01 1. That the proposed development is in conformance with the poway General Plan, in that the site is designated as commercial and the restaurant and wood storage lot are permitted uses. 2. That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining prop- erties, as noted under the findings in the preceding section. J. That the proposed development is in compliance with the Zoning Ordinance, in that all development 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 it complies with the design guidelines of the General Plan and proposes an updated facade that is similar in size and architectural style to other restaurants and commercial buildings in the City. Relocation of the wood lot to the rear of the property will enhance the commercial strip along poway Road by removing the use from view. Section J: City Council Decision: Conditional Use Permit 90-05 and Development Review 88-01 for which plans are on file in the Planning Services Department, are hereby approved subject to the following conditions: . F [ I qq '. ~ ( ( i1293 Resolution No. P-90-65 Page J 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 restaurant office shall not be rented or lease to a separate use without the appropriate City permits and expanded parking. No portion of the commercial property shall be used as living quarters. APPLICANT SHALL CONTACT THE DEPARTMENT OF BUILDING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The total occupant load based on the square footage of seating area would classify this building as an A-3 occupancy; all walls within 40 feet of a property line must be of one-hour fire-resistive construction. All other requi [l!mell~~qof an A-:-3 occupancy must be met. 2. Parking for the disabled shall comply with Title 24, Disabled Access Requirements (Chapter 71 of the State Building Standards Code). 3. Structural integrity of existing slab over which proposed structure will be built must be verified prior to building permit issuance. 4. A grease hood must be provided over cooking equipment. 5. Restaurant office on second story must be made accessible to the disabled if it is to remain on second story. A ramp or elevator must be provided or the office shall be constructed to one story only. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPMENT 1. 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 residential and commercial uses. 2. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 3. Revised site plans and floor plans incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 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. . r L . c ( i1294 Resolution No. P- 90-65 Page 4 5. 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. 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. Site development requirements for handicapped accessibility found in Chapter 71 of the State of California Building Standards Code must be adhered to. All new buildings shall be accessible throughout. 8. Trash receptacle shall be enclosed by a six foot high masonry wall with view-obstructing gates pursuant to City standards. Location shall be sub- ject to approval by the Planning Services Department. Trash enclosures shall not be located adjacent to street frontages on or City held easements. 9. Prior to delivery of combustible building materials 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. 10. 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. 11. Pursuant to Municipal Code Section 17.10.150(N) "All new construction and remodeling shall be preplumbed for solar hot water heating for the common facilities". The provision for solar plumbing should be shown on the building construction set. 12. For the 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, Traffic Mitigation Fees, Water and Sewer Service Fees. These fees shall be paid prior to building permit issuance. 13. Hours of operation shall be no later than 10:00 p.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. PARKING AND VEHICULAR ACCESS 1. All parking lot landscaping shall consist of a minimum of one 15 gallon size tree for every three parking spaces. For parking lot islands, a minimum 12 , F l . ( - ( 1129S Resolution No. P-90-65 Page 5 inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a six inch high, six inch wide portland concrete cement curbing. 2. Parking lot lights shall be low pressure sodium and have a maximum height of I8 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 24 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. 4. All parking spaces shall be double striped. 5. A 40 foot minimum setback from the ultimate right-of-way shall be maintained before the first parking stall. This setback will allow an adequate stacking distance and shall be landscaped. 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 per- mits. Landsca~~ Plan Check Fees shall be paid at the established rate. 2. Fifteen gallon trees, 20 feet on center, and shrubbery shall be installed and maintained along the inside of the required masonry wall in a five foot wide, raised landscape planter to provide a dense landscape screen. 3. Landscaping shall be included on the south side of the building adjacent to the asphalt drive. 4. All landscaped areas shall be maintained in a healthy and thriving con- dition, free from weeds, trash, and debris. 5. All landscape plans and landscape development will conform to the City of Poway Guidelines to Landscape Development, City of poway Landscape Standards, and shall be prepared by either a licensed landscape architect or building architect. SIGNS Any signs proposed for this development shall be designed in conformance with the Sign Ordinance. The applicant shall submit a sign application to Planning Services Department prio to the installation of any sign. RECREATION The developer shall pay the Park Fee at the established rate at the date of final inspection, or the date of the Certificate of Occupancy, whichever occurs later. ,. r l ,"::;::...,: ( (- 11296 Resolution No. P-90-65 Page 6 EXISTING STRUCTURES The existing single-family home shall be demolished prior to the issuance of a grading permit. The appropriate demolition permit shall be obtained. AODITIONAL APPROVALS REQUIRED 1. The 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 if the Planning Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modi- fication or revocation of the use permit. 2. Approval of the relocation of the wood storage lot from 13036 poway Road to the subject parcel is valid for a period not to exceed two years from the date of this approval. The applicant shall obtain a business certificate from the City of Poway. 3. Prior to the issuance of a business certificate for the wood storage lot, all conditions of approval for that use shall be completed to the satisfac- tion of the Directors of Safety and Planning Services. 4. All business activities related to the wood lot located at 13036 Poway Road shall be terminated before this site is used for the wood storage lot and all excess lumber removed or this conditional use permit shall be sub- mited to the City Council for revocation. 5. The applicant shall enclose the wood storage area with a six foot high masonry wall of tan slumpstone, stucco, or split face block with view- obstructing gates. 6. The applicant shall prepare a vector control plan with a licensed exter- minator for the wood storage lot prior to establishing the use on the site. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT 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 geotech- nical report, and accepted grading practices. 2. The grading plan shall contain a certificate signed by a registered civil engineer that the grading plan has preserved a minimum of 100 square feet of solar access for each future building site within the development. F l ( (- \1297 Resolution No. P-90-65 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 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 shall be subject to review and approval by the Planning Services and Engineering Services Department and shall be completed prior to issuance of building permit. 5. The existing single-family home shall be demolished prior to initiation of grading activities. The appropriate building permits shall be obtained. 6. A pre-blast survey of surrounding property shall be conducted to the satis- faction 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. 7. The retaining wall shown on Grading Plan G420-88 shall be reduced to a maxi- mum 8.4 feet in height. Additionally, the required eight foot high screening masonry wall on the south property line separating the commercial uses from existing homes shall be set back at least five feet from the prop- erty line setback shall be densely landscaped with trees, shrubs, and ground cover. The masonry wall shall be constructed of tan slumpstone, stucco, or split face block. STREETS AND SIDEWALKS 1. 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 En9ineerin9 Services. 2. Prior to any work being performed in the public right-of-way, a right-of-way' permit shall be obtained from the Engineering Services office and appropriate fees paid, in addition to any other permits required. 3. The developer shall pay a pro rata share of the cost of a City approved landscaped median along the project frontage in the amount of $3,814.50 prior to building permit issuance. 4. The developer shall pay the Traffic Mitigation Fee at the established rate at the date the final inspection or the date the Certificate of Occupancy is issued, whichever occurs later, however, a security deposit shall be posted with the City's Engineering Services Department prior to building permit issuance. 5. Developer shall relocate trash enclosure outside of the City of poway waterline easement. , r l ( 11298 ( Resolution No. P-90-65 Page 8 6. Developer shall modify existing driveway on Poway Road to an alley apron approach in accordance with San Diego Re9ional Standard Drawing G-17 with handicap ramps. 7. Developer shall modify entrance so as to provide 40 feet of travelway from face_of curb to first on-site parking stall. DRAINAGE AND FLOOD CONTROL 1. Intersection drains will be required at locations specified by the Director of Engineering Services and in accordance with standard engineering prac- tices. 2. A drainage system capable of handling and disposing of all surface water originating within the development, and all surface waters that may flow onto the,development 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. 3. The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance at the date of final inspection or at the date the certificate of occupancy is issued, whichever occurs later; however, a security deposit shall be posted with the City's Engineering Services Department prior to building permit issuance. 4. Concentrated flows across driveways andfor sidewalks shall not be permitted. UTILITIES 1. All proposed utilities within the project shall be installed underground including existin9 utilities along Circulation Element roads and/or high- ways less than 34.5 KV. 2. Utility easements shall be provided to the specification of the serving utility companies and the Director of Public Services. 3. The developer shall be responsible for the relocation and undergrounding of existing public utilities prior to certification of occupancy. 4. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Poway and the Health Department of the County of San Diego. APPLICANT SHALL CONTACT THE SAFETY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The buildings will be required to install an approved fire sprinkler system meeting NFPA #13 and Fire Department standards. The entire system is to be r l ( ( 1299 Resolution No. P-90-65 Page 9 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. 2. The required on-site fire hydrant shall be moved seven feet off the face of the curb to provide clear sidewalk access. 3. The building shall display its numeric address in a manner visible from the poway Road. Building address 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. 4. Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering materials per City of poway Ordinance No. 64. 5. All driveways in excess of 150 feet shall be provided with approved turn- around. Where necessary, designated fire lanes will be establishedwith approved curb markings and fire lane signs. 7. A "Knox Box" security system shall be provided, meeting Department of Safety Services requirements. 8. The wood storage yard shall meet the following conditions prior to issuance of a business certificate. a. Fire apparatus access roadways shall be provided to within 150 feet of all portions of the yard. b. Driveways between and around wood piles shall be at least 15 feet wide and maintained free from accumulation of rubbish, equipment or other articles or materials. Driveways shall be so spaced that a maxi- mum grid system unit of 50 feet by 150 feet is produced. Stacking shall use standard wood stacking rows with four foot aisles between rows. c. Wood storage shall be surrounded with a masonry wall at least six feet high. d. Storage in the open shall not exceed 20 feet in height, shall be so located as not to constitute a hazard to adjacent buildings or property and shall be compact and orderly. Such storage is prohibited within five feet of any property line and shall not exceed six feet in height when within ten feet of such property line, except where no hazard or menace of fire to adjoining property is created thereby. e. Weeds, grass, and similar vegetation shall be prevented throughout the entire yard and should be sprayed as often as needed with a satisfac- tory herbicide or ground sterilizer or grubbed out. Dead weeds should be removed after destruction. ,. F [ . ( ( :1300 Resolution No. P- 90-65 Page 10 f. Good housekeeping should be maintained at all times, including regular and frequent cleaning of materials-handling equipment. Combustible waste materials such as bark, sawdust, chips, and other debris should not be permitted to accumulate in quantity or location that will constitute an undue fire hazard. g. Smoking should be prohibited except in specified safe locations. "No Smoking" signs should be posted in the yard except in specific loca- tions designated as safe for smoking, and signs permitting smoking should be posted in those areas. Smoking areas should be provided with approved, noncombustible ash receptacles. h. Access into the yard areas by unauthorized persons shall be prohibited. The storage areas shall be enclosed with a suitable masonry wall equipped with proper gates located as necessary to pennit entry of Fire Department apparatus. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 28th day of August, 1990. ATTEST: r-.......\ . \ \ \ > \,- \ /~1,\_ ~ Don Higginson,~Mayor Yh~~ k ;J\)~~ Marjorie ~. Wahlsten, City Clerk G " r- [ . , STATE OF CALIFORNIA COUNTY OF SAN DIEGO ( (- 1301 Resolution No. P-90-65 Page 11 ) ) ss. ) 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-90-65 ,was duly adopted by the City Council at a meeting of said City Council held on the 28th day of Auqust , 1990, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: RfR-8-28.19-29 BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON NONE NONE NONE 'I .~ i<! iIJ~'>"t.- Marjorie . Wahlsten, City Clerk City of~way