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Covenant Regarding Real Property 1996-0199465 CITY OF POWAY \, ) . ) ) ) ) ) ) ) ) ) ) ) 2060 vDC # 1996-0199465 23-APR-1996 08=49 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF= 13.00 FEES: 31.00 AF= 17.00 MF: 1. 00 RECORDING REQUEST BY: WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY POBOX 7811 POWAY CA 112074-0789 No Transfer Tax Due (ThIs space for Recorder's Use) COVENANT REGARDING REAL PROPERTY James M. & Tammara S. Plva ("OWNERs. 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 317-15Hl1 ("PROPERTY" hereinafter). In consideration of the approval of Environmental Assessment, Minor Condttlonal use Permtt OO-{)1 and Development Review OO-{)l, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolli1lon (Exhlbtt B). This Covenant shall run wtth the land and be binding upon and Inure to the benefit of the fli1ure owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the wert that Environmental Assessment, Minor Condttlonal Use Permtt 9lHll and Development Review 9EHll expires or Is rescinded by CIty CouncU at the request of the OWNER, CITY shall expunge this Covenant from the record tttle of the PROPERTY. If either party Is required to Incur costs to enforce the provisions of this Covenant, the prevaUlng 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: 4 d.. 9CJ ~/1A. A ' Ja es M. Plva, OWNER (Notarize) !JO./WlNY\f'AAb (C/ V.f,'Or'J Tammara S. PIva, OWNEOR (Notarize) Dated: J-j - c:J - or f.r, CITY OF POWAY Dated: 3-S-9Cf; By: 1:1.~. ~1.-'jU - cI~ 2061 LEGAL DESCRIPTION Parcel 1 of Parcel Map NO. 16072, in the City of Poway, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County. May 2, 1990. Exhibit A . . 2062 , CALIFORNIA ALL.PURPOSE "CKNOWLEDGMENT No. 5907 State of County of California San Diego On April 2, 1996 DATE before me, Eileen Castberg, Notary Public NAME, TITLE OF OFFICER - E.G_. "JANE DOE, NOTARY PUBLIC" personally appeared TAMMARA S. PIVA and JAMES M. PIVA NAME(S) OF SIGNER(S) D personally known to me - OR - IKJ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)xis/are subscribed to the within instrument and ac- knowledged to me that :lQ8ishe/they executed the same in Jbta~their authorized capacity(ies), and that by :bi:s6ber/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I" ~ ~ - " ~ ~~~ ~ ~l - @ COMM.#10337C1 i: ~ .'. NoIaIy N>Ic - CalfamIa s: Z SAN DiEGO COUf'<1Y 1- I'F ~ ~ ~~~'~~oe:l~.l~~ WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ~ INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TllLE(S) Covenant Regarding Real Prop. TITLE OR TYPE OF DOCUMENT D PARTNER(S) D LIMITED D GENERAL Two (2) NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: April 2, 1996 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSDN(S) OR ENTITY(IES) None SIGNER(S) OTHER THAN NAMED ABOVE @1993NATIONALNOTARY ASSOCIATION' 8236 Remmet Ave., P.O. Box 7184' Canoga Park, CA 91309.7184 2063 RESOLUTION NO. P- 96-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 96-01 DEVELOPMENT REVIEW 96-01 ASSESSOR'S PARCEL NUMBER 317-151-61 WHEREAS, Minor Conditional Use Permit 96-Dl and Development Review 96-01 submitted by Jim Piva, Pomerado Equipment Rental, requests approval to construct an equipment rental yard, and sales and repair building for the property located at 12270 Oak Knoll Road, in the CG Commercial General zone; and WHEREAS, on March 5, 1996, the City Council held a hearing on the above referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinas: 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. Section 2: Findinas: Conditional Use Permit: I. The project is consistent with the general plan in that an equipment rental yard is permitted in the Commercial General zone with benefit of a conditional use permit. 2. That location, size, design, and operating characteristics of the use are compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, in that the property is surrounded by commercial uses of a similar nature. 3. That the harmony, scale, bulk, coverage and density is consistent with adjacent uses, in that the approved use will consist of a building which is similar in size, proportion and appearance to that of surrounding structures. 4. That there are available public facilities, services and utilities to serve the approved use, in that public water, sewer, and streets access are available to the site. 5. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the approved rental yard will contain walls which will screen the views of the service bays located at the rear of the new building so that they are not visible to the street or to adjoining properties. 6. 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 within a commercial lot where street improvements and off-street parking will be provided by the developer. EXHIBIT B 2064 Resolution No. P- 96-11 Page 2 7. That the site is suitable for the type and intensity of designated use, in that it is in an area designated for general commercial uses and there are no homes located nearby. 8. That there will not be significant harmful effects upon environmental quality and natural resources, in that the site is a previously graded lot, including the drainage channel located along the west side of the property. No native plants or animals are located on the property. 9. That there are no other relevant negative impacts of the use that cannot be mitigated. Development Review: 1. The approved project is consistent with the general plan as discussed in #1 above. 2. That the approved project will not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties in that the design of the building for the intended use conforms to the criteria the Poway development standards. 3. That the approved project encourages the orderly and harmonious appearance of structures and property within the City in that the architecture incorporates features of the surrounding cOlll11erc1a1 buildings. Section 3: Citv Council Decision: The City Council hereby approves Minor Conditional Use Permit 96-01 and Development Review 96-01, 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. 2. 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 comnercial uses. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. The Planning Services Department shall conduct an annual review of Minor Conditional Use Permit 96-01 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. ~065 Resolution No. p- 96-11 Page 3 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. Prior to the onset of business activity, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 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. 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. 5. Disabled access must be provided throughout the facility for both employees and customers. 6. 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. lli!f.S Any signs proposed for this use shall be designed and approved in conformance with the Sign Ordinance. LANDSCAPING 1. Compl ete landscape construction documents shall be submi tted to and approved by the Planning Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements (latest edition). 2. Landscaped areas within the adjacent public right-of-way shall be improved and permanently and fully maintained by the property owner. 3. All landscaped areas shall be .aintained in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning shall be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. PARKING AND VEHICULAR ACCESS 1. All parking lot landscaping shall include a minimum of one 15 gallon size tree for every three parking spaces. For parking lot islands, a minimum 12 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 curb. . 2066 Resolution No. P-96-11 Page 4 2. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum of 25 feet wide emergency access shall be provided, maintained free and clear at all times during construction in accordance with Safety Services Department requirements. 3. All parking spaces shall be double striped. 4. The gate located adjacent to the building shall be a .iniMUm width of 20 feet in order to provide Fire Department access to the rear area of the site and access to the rear of the building. 5. All outdoor storage shall be visually screened by view obstructing walls and gates so that they are not visible from Poway Road, Oak Knoll Road or any off-site area except the delivery driveway of Poway Promenade. The wall along the west shall be of masonary-like materials. The wall along the east may be either masonary-like materials or solid wood fencing. 6. No mechanical equipment shall be operated before 7:00 a.m. or after 7:00 p.m. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRm. CllJIPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. 1. The applicant shall pay a $500.00 inspection fee to the City's Engineering Services Department prior to building permit issuance. Such fee is to be used to pay for City Inspector's time in making necessary inspections of the project site that are required prior to issuance of said building permit and/or Certificate of Occupancy. 2. A right-of-way penRit shall be obtained frOll the City's Engineering Services Department for any work to be done within the public street right-of-way or any City-held easement. Said work shall include, but is not limited to, construction of driveway approach, sewer lateral installation, water service line installation, and street construction. 3. The site was graded per City approved grading plan G601-89. Any modification to the approved grading which will result in the movement of more than 50 cubic yards requires a grading permit to be obtained prior to start of grading operation. Additional inspection fee may be required. 4. Water service and sewer service for this development were paid for through TPM 89-07 however a clp.an out box needs to be installed. The following development fees shall be paid to the Engineering Services Department prior to building permit issuance. These fees are currently in effect and are subject to change. Sewer Clean out - $50.00 - $25.00 Sewer Inspection 5. The following fee shall be paid or a security bond posted prior to issuance of a building permit. If a security bond is posted, payment of the fees shall be made prior issuance of a Certificate of Occupancy. Once payment is received in full said security bond could be released to the applicant. Traffic Mitigation - $2160.00 2067 Resolution No. P- 96-11 Page 5 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COIlPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. I. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. 2. The building shall display their numeric address in a aanner visible from the access street. MiniRlUIR size of the building nlllllbers shall be six inches on the front facade of the building. Building address shall also be displayed on the roof in a lRanner satisfactory to the Director of Safety Services, and meeting SherifPs Dept. - ASTREA criteria. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. The road surface type shall be approved by the City engineer, pursuant to the City of Poway Municipal Code. 4. The building will be required to install an approved fire sprinkler system meeting P.M.C. requirements. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. 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. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 7. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 8. Minimum 2A:IOBC fire extinguisher required for every 3,000 square feet and 75' travel distance. A 2A:40 B.C. extinguisher shall be required in the .shop. area. 9. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 10. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed with the County of San Diego Department of Health and copies provided to the Fire Department. II. 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. 206 Resolution No. P- 96-11 Page 6 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRm. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PUBLIC SERVICES. The subject property shall be annexed into Landscape Maintenance District 86-3B prior to building permit issuance. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 5th day of March 1996. ~~~.. Don Hi991nson, ~ ~ ATTEST: STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) SS. ) , hereby certify, under the penalty 0/ perjury, that the above and foregoing is a true and correct COpy 0/ Resolution Nof-9?-/ / as adopted by rhe City Councn ' of Powey, California on the ,~d-: day o/~a.vAf ,192.L. MARJORIE /(, WAHLSTEN, CITY CLERK .ll'rh,x,-::k... k /1.h4.>.,t;.. \ ~ -... 1// ~I 't.. ' / Ivt-'L'!.1A..1..- '-- !....(c./t.-J_ Marjorie K. Wahlsten, City Clerk 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-96-11 ,was duly adopted by the City Council at a meeting of said City Council held on the 5th day of March , 1996, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: REXFORD , ,. 1.\~ "A'~ ~ Xt<-iLi L Marjorie ~. Wa sten, Ci y Clerk City of Poway e:\CITY\PLANNING\REPORT~1.2RE