Covenant Regarding Real Property 1996-0162564
383
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RECORDING REQUEST BY:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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CITY OF POWAY
WHEN RECORDED MAIL TO:
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No Transfer Tax Due
(ThIs space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
NANCAR, INC., dba ANYTIME TOWING, A CAUFORNIA CORPORATION ("OWNER" hereinafter) Is
the owner rA real property described In ExhIbil A which Is attached hereto and made a part hereof and which
Is commonly known as .Assessor's Parcel Number 317-810-25,26 & 27 ("PROPERTY" hereinafter). In
consideration rA the approval rA Conditional Use Permit 95-10 /Development Review 95- t 9 by the City of
PONay ("CITY" hereInafter), OWNER hereby agrees to abide by conditions rA the attached resolution (Exhibit
B).
This Covenant shall run with the land and be blndlng upon and Inure to the beneflt rA the Mure
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns 01 the
respective parties.
In the event that Conditional Use permit 95-10 /Development Review 95-19 expires or Is rescinded
by City CouncI at the request of the OWNER, CITY shall expunge this Covenant from the record tllle of the
PROPERTY.
If either party Is requlred to Incur costs to enforce the provlsJons of this Covenant, the prevaUlng
party shall be entitled to full reImbursemenl of all costs, including reasonable attorneys' fees, from the other
party. The CITY may assign to persons Impacted by the performance oIlhls Covenant the right to enforce
this Covenant against OWNER.
Dated:
3-~'6-9(.,
Yf'vi",,l ,;5h~ l}'L~~',d.~J-
~C., dba ANYTIME TOWING, A CAUFORNIA
CORPORATION OWNER (Notarize)
CITY OF POWAY
Dated:
.5~4F~96
By:
~d~
384
CALIFORNIA ALL.PURPO&I:. ACKNOWLEDGMENT
(I~i-~
County of d ~ J?A '-jAii
On --rYJ~ ;;;z~ /9"7(, before me,
Date' Name and Tille of Offi
personally appeared ~ ~ !3.~
mars) ofSignBr(s)
D personally known to me - OR -xtproved to me on the basis o~tisfactory evidence to be the person~
whose nam~re subscribed to the within instrument
and acknowledged to me that h~they executed the
same in hi~their authorized capacity~ and that by
hi~heir signature'lsl...on the instrument the person~
or the entity upon behalf of which the personW,acted,
executed the instrument.
State of
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J ~"" VMANMACZIS
:;: ....' COMM.#1039231
z ; -.' . Notary P\.tlIc - CalIfornia ~
z .' SAN DIEGO COUNTY I
. . My Corrrn. EllpHo SEP 21.1998
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WITNESS my hand and official seal.
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S!gnatureofilfolary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
.
Top 01 thumb here
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
C 1994 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
-185
LEGAL DESCRIPTION
LOTS 52, 53 AND 54 OF CITY OF POWAYTRACT NO. 87-13, UNIT 1, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12556 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, FEBRUARY 8,1990.
EXHIBIT A
c
386
RESOLUTION NO. P-96-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 95-10 AND
DEVELOPMENT REVIEW 95-19
WHEREAS, Conditional Use Permit 95-10 and Development Review 95-19
submitted by Anytime Towing, applicant, requests approval of a towing operation,
storage of towed vehicles, auction for impounded vehicles, storage of
recreational vehicles and a contractors storage yard on Lots 52, 53 and 54 of
Parkway Business Centre, Unit 1.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinqs:
A Negative Declaration with mitigation measures is recommended per the
environmental initial study prepared per the California Environmental
Qua 1 ity Act.
Section 2: Findinqs:
Conditional Use Permit 95-10
1. The project is consistent with the General Plan and the South Poway
Specific Plan which designates this site for industrial use and
outdoor storage.
2. That the location, size, design, and operating characteristics of
the 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, the Poway General Plan and the South Poway SpeCific Plan;
in that the subject property is identified as a site where outdoor
storage is allowed per the concurrent amendment to the South Poway
Specific Plan area.
3. That the location, size, design, and operating characteristics of
the 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 use will be located on
an industrial site which is not near any residential or semi-public
uses.
4. That the harmony in scale, bulk, coverage, and density is consistent
with ad~acent uses, because the site will be developed with
buildings which have been designed to be compatible with surrounding
structures with upgrades to the modular office building and stucco
finishes to the maintenance building and the security storage
building. The two seatainers are painted beige and will match the
future buildings.
5. That there are available public facilities, services, and utilities,
because the use will be located in a development where all necessary
facilities are already in place.
EXHIBIT B
387
(
Re ution No. P- 96-09
Page 2
6. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the use will be located in an existing
planned industrial area.
7. That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Transportation 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 will be less than the projected traffic
impacts for the business park as a whole.
8. That the site is suitable for the type and intensity of the use, in
that it is an area designated for light industrial use. Other sites
were pursued by the applicant and found to be less suitable, not
designated for outside storage uses or unavailable for lease or
purchase.
9. That there will not be significant hannful effects upon
environmental quality and natural resources, in that the area slated
for development has been previously graded.
10. That there are no other relevant negative impacts of the development
that cannot be mitigated, in that additional landscaping will be
installed to help enhance and screen the site and facilities.
Develooment Review 95-19
1. The development will not have an adverse aesthetic, health, safety,
or architecturally related impact upon adjoining properties, because
the buildings are designed in accordance with the area-wide
development plan and because the project will incorporate adequate
landscaping, parking, and appropriate screening for the outdoor
storage and maintenance areas.
2. The development is in compliance with the South Poway Development
Standards and the South Poway Planned Community Development Plan.
3. The development encourages the orderly and harmonious appearance of
structure and property within the City through its consistency with
the South Poway Planned Community which provides high standards for
development throughout the 2500 acre planned community.
Section 3: Citv Council Decision:
Conditions that are mitigation measures are marked with an asterisk (*).
The City Council hereby approves Conditional Use Pennit 95-10/DR 95-19
subject to the following conditions:
The following illproveaNlnts shall be constructed to the satisfaction of the
Director of Planning Services:
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.
Rer-: lltion No. P-96-09
Pa~_ 3
. 2. The use conditionally granted by this permit shall not be conducted
in such a IlIInner as to interfere with the reasonable use and
enjoyment of the surrounding industrial and open space uses.
388
3. This 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 .ay have occurred during the
past year. If the permit is not in compliance with the conditions
of approval, or the Planning Services Department has received
complaints, the required annual review shall be set for a public
hearing before the City Council, to consider modification or
revocation of the use permit.
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. A. 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. A 25 foot landscaped
setback shall be observed on the Danielson Street and Blaisdell Place
street frontages.
B. The building elevations of the modular building shall be
architecturally enhanced to incorporate a horizontal band or molding of a
contrasting color and/or material around the building. Similar treatment
shall be applied to the maintenance building and secure vehicle storage
buildings. Revised elevations and plans shall be submitted and approved
by the Planning Services Department prior to building permit issuance.
3. The building shall be constructed so that the finished floor is no more
than 12" above adjacent grade and all disabled access shall be provided
via pathways rather than ramps.
4. Approval of this request shall not waive compliance with all sections of
the South Poway Development Standards the Zoning Ordinance and all other
appl icable City Ordinances in effect at the time of building permit
issuance.
5. Impounded cars and trucks, recreational vehicles and contractors items
only are to be stored at the site as set forth in the site plan.
Vehicles, vans and trailers shall be neatly parked in rows and .ay extend
above the top of the screening wall. All other stored items shall be kept
to less than seven feet in height, including items on the beds of open
trucks, except that loads which exceed 7' in height may be left on towed
vehicles when required by law.
6.* Wrecked vehicles shall be stored only within the designated area on Lots
52 and 53. A paved surface with an industrial waste collector device to
collect surface water runoff is required for both lots.
7. Auction of impounded vehicles is limited to twice per ~nth.
8.* Submit a permanent hazardous materials waste recovery plan satisfactory to
the Directors of Planning, Engineering and Safety Services within 30 days
of City Council action on this conditional use permit.
389
(
Re -- 'ution No. P- 96-09
Palo" 4
9.* 'Install an ei9ht foot high screening wall of masonry or other comparable
material around the periphery of the site observing the building and
landscape setbacks.
10. The main entrance to the faCility shall be from Danielson Street with
Blaisdell Place providing secondary access for exits only. If one of the
Blaisdell Place driveways is later converted to an entrance, a gate
setback of 75 feet must be observed per Section 12.20.110 (F) of the Poway
Municipal Code.
11.* No mechanical or auto body repair work will be done for stored vehicles.
Maintenance and servicing of tow vehicles is allowed. The following minor
preparation work for vehicles to be auctioned on or off site is also
allowed: washing vehicles, installation of batteries, starters, tires and
hoses. No vehicle parts taken from towed vehicles shall be sold on site.
12. All parking lot landscaping shall include a minimum of one 15 gallon size
tree for every three 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.
13. Parking lot lights shall be low pressure sodium and have a maximum height
of 25 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and businesses.
14. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 24 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
15. All parking spaces shall be double striped. One van accessible parking
space shall be provided near the office building. Tow driver parking is
to provided in the separate area shown on the site plan.
16. Adequate off-street parking for 1 ien sales shall be provided. No on-
street parking along streets within the business park is allowed. Off-
street parking on any adjacent vacant lots would require the permission of
the property owner for the specified period of use.
17. Security and accent lighting shall comply with the standards set forth in
the South Poway Development Standards, e.g. low pressure sodium fixtures
and shielded fixtures with well defined cut-off limits. .
18. The two seatainers for storage will be located on Lot S4 to the east of
the secure storage building and office so long as they are not visible
from surrounding properties or from any street frontage. Periodic
painting to maintain the beige color or other color compatible with the
on-site buildings is required. Approval of the seatainers will be subject
to approval requirements, conditions and all other provisions of future
ord i nance amendments deal i ng wi th the use of seata i ners for storage
including possible future requirements for their removal.
19. All roof or ground-mounted appurtenances, including air conditioners,
shall be architecturally integrated, screened from view and sound buffered
from adjacent properties and streets as required by the Planning Services
Department.
390
(
Rr- lution No. P- 96-09
Pallo! 5
20. Design, construction and location of the trash enclosures shall satisfy
the requirement of the Planning Services Department and shall be large
enough to accommodate recyclable materials. Trash enclosure walls may be
designed to match the stuccoed building or split face block. The
enclosure shall have solid gates.
21. The applicant shall comply with the latest adopted Unifonl 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.
22. The applicant shall pay all applicable fees, including school fees at the
time of building permit issuance.
23. A gravel surface is allowable for the recreational vehicle and contractors
storage area on Lot 54 util izing management practices to avoid any
inadvertent spills of hazardous substances.
24. 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE ENGINEERING SERVICES DEPARTMENT.
SITE DEVELOPMENT
GRADING
3.
1. Development fees, including but not limited to, domestic and irrigation
water service fees, remaining sewer connection, sewer cleanout and sewer
inspection fees shall be paid prior to building permit issuance.
Permit and plan checking fees shall be paid upon submittal of a grading
plan, as applicable.
1.
Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and soils
report, accepted grading practices, and the South Poway Planned Community
Development Standards.
A soils report shall be prepared by a qualified engineer licepsed by the
State of California to perform such work at first submittal of a grading
plan.
The grading plan, prepared on standard size sheets of ~lar at 20 scale by
a registered civil engineer, shall be subject to review and approval by
the Planning and Engineering Services Departments and shall be completed
prior to issuance of a grading permit.
All new slopes shall be a minimum of 2:1 (horizontal to vertical).
A final compaction report shall be submitted and approved prior to
issuance of a building permit.
A certification of line and grade, prepared by the project civil engineer,
shall be submitted prior to issuance of a building permit.
2.
4.
5.
6.
C
R( lution No. P- 96-09
Page 6
7. Buildings and parking lots shall be at least five feet from tops and toes
of slopes, unless waived by Planning and/or Engineering Services
Departments prior to grading permit issuance.
391
8. Non-supervised or non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soil s
investigations and recommendations and grading plans.
g. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from Oct. 15th to April 15th. An erosion control
pl an shall be prepared by the project civil engineer and shall be
submitted as part of the grading plan. The developer shall make
provisions to insure the proper maintenance of all erosion control devices
throughout their intended life.
STREETS AND SIDEWALKS
1. All parking lot structural sections shall be submitted to and approved by
the Director of Engineering Services. Pavement sections shall conform to
the minimum required by the Poway Municipal Code Section 12.20.080.
2. Improvements shall include, but are not limited to
Sidewalks
-L Driveways
Wheelchair ramps
-L Curb and gutter
Striping and signings
3. All damaged off-site public works facilities, including parkway trees,
shall be repaired and replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Director of Engineering Services.
Cross gutter
_____ Alley gutter
-L Parking lot paving
_____ Alley paving
4. Prior to any work performed in the publ ic right-of-way or City-held
easements, a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to any permits
required.
5. Driveways shall have a minimum width of 30 feet and shall be designed as
an alley apron with ten foot minimum radius.
DRAINAGE AND FLOOD CONTROL
1. Intersection drains shall be required at locations specified by the
Director of Engineering Services Department and in accordance with
standard engineering practices.
2. A drainage system capable of handling and disposing all surface water
originating within the project, and all surface waters that may flow onto
the project 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 and it shall conform
to the previous studies for the business park.
3. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
(
R. tution No. P-96-09
P"lIe 7
4. On-site drainage shall connect to the existing cleanouts, however: the
existing 36" CMP risers shall be removed and permanent drainage devices
installed to the satisfaction of the Director of Engineering Services.
392
UTILITIES
1. All proposed utilities within the project shall be installed underground.
2. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
3. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
4. Water, sewer, and fire protection systems shall be designed and
constructed to meet the requirements of the City of Poway and the County
of San Diego Department of Health.
5. The applicant shall pay for a water system analysis to establish the
proper size and location of the public water system. The amount shall be
determined by the cost of the analysis and shall be paid prior to upon
demand by the City. Estimated amount is $1250.00.
6. Existing telephone, gas, electric, water, sewer, and other public utility
lines and appurtenances within and adjacent to the property shall be shown
on the grading plan.
GENERAL REOUIREMENTS AND APPROVALS
1. Permits from other agencies will be required from:
Caltrans
San Diego County Flood Control District
X California Regional Water Quality Control Board (CRWQCB)
X City of San Diego Water Utilities Dept. (Pretreatment Program)
Applicant shall apply to the CRWQCB for an Industrial NPDES Permit and to
the City of San Diego for an Industrial Waste Discharge Permit. Evidence
of each application shall be submitted to the Engineering Services
Department prior to the issuance of a building permit.
2. This approval is based on the existing site conditions represented on the
proposed site plan. If the actual conditions vary from those
representations, the site plan must be changed to reflect the actual
conditions. Any substantial changes to the site plan must be approved by
the Director of Planning Services and the Director of Engineering Services
and may require approval of the City Council.
3. An on-site reclaiRled water system shall be sized and installed for
landscaping and irrigation to the satisfaction of the Director of
Engineering Services.
393
Rf lution No. P- 96-09
Page 8
The following illprovements shall be constructed to the satisfaction of the
Director of Safety Services:
1. Submit proper application for business office and tow truck garage. If
either building exceeds 2500 square feet, a fire sprinkler system shall be
required to be installed in that building.
2. Provide emergency vehicle access.
3. Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
4. The building shall display their numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be six
inches on the front facade of the building. Building address shall also
be displayed on the roof in a manner satisfactory to the Director of
Safety Services, and meeting Sherifrs Dept. - ASTREA criteria.
5. 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.
6. 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.
7. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. 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.
8. 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.
9. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
10. The addition of on-site fire hydrants is required. The location of the
hydrants shall be determined by the City Fire Marshal at the PIV/FDC
located at the entrance.
11. Material Safety Data Sheets hall be required for all hazardous and/or
toxic substances used in each building.
12. 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.
394
RI'-- lution No. P- 96-09
P. ~ 9
13. 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.
14. N.F.P.A. Standard 704, Hazardous Materials labeling, shall be provided as
necessary throughout the building.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 27th day of February, 1996.
~~~~,'
.- '.-.-..--...--
Don Higginson,' ~
1 hereby certify, under the penalty
of perjury, that the above and
foregoing is a true and corred
copy of Resolution No f- f~-tJ7;
85 adopted by the City Counca of
Poway, California on the ::rJ "*-
day of ::1..dA.tUJ<";t, 1926-.
MARJORJE Ie. W AHLSTEN, CITY CLERI<
by)J~~ K ?\'l~t...
ATTEST:
I ,
, '. 'T. i
" } \.~ I,"A~A.. :-_~ ~I \..r~J...-:~u-
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~09
, was duly adopted by the City Council at a meeting of said City Council
held on the 27th day of February , 1996, and that it was so adopted
by the follOW1n9 vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NONE
NONE
NONE
)1\~~ k', La..-v."t
Marjorie K. Wahlsten, City Clerk
City of Poway
',-,
E:\CITY\PlAMNING\REPORT\CUP9510A.RES