Covenant Regarding Real Property 1996-0199465
CITY OF POWAY
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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Review 9EHll expires or Is rescinded by CIty CouncU at the request of the OWNER, CITY shall expunge this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:
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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
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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.
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- @ COMM.#10337C1 i:
~ .'. NoIaIy N>Ic - CalfamIa s:
Z SAN DiEGO COUf'<1Y 1-
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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.
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Don Hi991nson, ~ ~
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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, 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
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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