Covenant Regarding Real Property 2005-0910787
, 20845,
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, . . I DOC. 2005-0910787
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,- RECORDING REQUEST BY ) ! 111111111111111111111111111111111111111111111111111111111111111111111I
n CITY;OF POWAY )
) OCT 20,2005 418 PM
~WHENRECORDED MAIL TO' )
) nF"FIClp.L F:EDJF:[I';
) ':;,ClN [i1Er;1] cuur'iT'l RECOR[IEW", OFFICE
~ CIJ.Y'CLERK ) I:iF:ECiCiFf, .1 1.;~",jITH i-nU",jT'1 RECOF:[IER
CITY OF POWAY ) FEb 2':1.UU
PO BOX 789 ) F'Ll,I':;E~, ,',
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POWAY CA 92074'0789 ) 1111111111111111111111111111111111111111111111111111111III111111I111111111111111
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No:Transfer Tax Due ) 2005-0910787
APN: 323"201-22 and 323-203i20 -
COVENANT REGARDING REAL PROPERTY
No Documentary Transfer Tax Due
BSM Properties, LLC, PROPERTY OWNER ("OVVNER" hereinafter), ,is the
owner of real property describeq in, Exhibit A which is attached hereto and made a part
hereof, and which is commonly known as Assessor's Parcel Numbers 323-201-22 and
323-203-20 ("PROPERTY" hereinafter)
In consideration of the approval of Minor Conditional Use Permit (MCUP) 00-
006M(2),by the City of Poway ("CITY" hereinafter),OVVNER hereby agrees to abide by
the Conditions of Approval in the attached Resolution (ExhibitB)
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In the eventthat MCUP 00-006M(2) expires or is rescinded by the City Council at
the request of the OWNER, city shall expunge this Covenant from the record title of
the PROPERTY
In the event of litigation t() enforce the provisions ofthis Covenant, the prevailing
party shall be entitled to full rl,W"burseme'nt of all costs, inCluding reasonable attorneys'
fees, fromthe,o,ther party
BSM .PROPERTIES. LLC
OWNER. ~ark Abellcop
Dated' /~/;'M By' ~~
.....--(~ariZe)
CITY OF POWAY
Dated: 1hJ/CJ0 By
. Niall Fritz, Director of
velopment Services
M:\planning\05report\mcup\OO-06M(2) Poway Mitsubishi' Hyundai\covenant.doc
05'102
. 20846 .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
N&~~~~~~~fib~~~G;:.&i'~~'XR:iO~~nt'Uj~~~~~~~.Ri:('~.ff:C~ffi(>~~~~
State of California
~
On me,
Date
personally appeared
D personally known to me
~oved to me on the basis of satisfactory evidence
- DAACIE'PEACoCK - - , to be the person~) whose name~artfsubscribed
to the within instrument and aCknOWledg~ me that
COMM. #1 ss2007 III @S~/tl)eY executed the same in hi lier/th$ir
NOTARY PUBUC-CAUFORNIA g
SAN DIEGO COUNTY authorized capacity(~, and that by (!i'~!h~r/thel'r
My Comm. Expires May 26. 2009 ....
signature\6) on the instrument the person~ or the
entity upon behalf of which the person, acted,
executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below isnot 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:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate. Officer - Title(s):
o Partner - D limited 0 General o Partner - 0 limited 0 General
o Attorney in Fact . o Attorney in Fact
Top at thumb here Top of thumb here
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other- o Other'
Signer Is Representing: Signer Is Representing:
,K."CV~'B(,."'(!;(..~~~~~~~~~~~'~'~~~~~~~~
@2004National Notary Association' 9350 De Solo Ave., P.O. Box 2402. Chalsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1.800-876-6827
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EXHIBIT A
LEGAL DESGRIPTION
PARCEL 1:
THE LAND REFERREDT0HEREINJS SIIUATEDINTBESTATEOF CALIFORNIA,
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOl:.hOWS
LOT 5 OF CITY OF POWA'f TRACT 3971-R"IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF.CALIFORNIA, ACCORDINGTO MAP THEREOF NO 10754
FILED IN''tHE OFFICE OF TiElECOUNTYRECORDE"R OFSAN DIEGO COUNTY,
NOVEMBER 7,1983.
PARCEL 2:
THE FOLLOWING DESCRIBED PROPERTY IN THE C'08NTY OF SAN DIEGO,
STATE OF CALIFORNIA,
THE SOUTHERLY 250 F:EEJ OF THE EAST 50 RODSOFLOT 2 IN SECTjON 18,
TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE.AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO; ,STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, EXCEPTING THE EASTERLY 330
FEET THEREOF
RESERVING THEREFROM AN-EASEMENT AND RIGHTOFWAY FOR ROAD AND
~",.._" . .. ,_.'. .. - . . ,C ...._ . _,. <.
PUBLIC UTILITY PURPOSES OVER AND ACROSS THE EASTERLY 40 FEET OF
SAID LAND.
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EXHIBIT B
RESOLUTION NO P-05-62
A.RES0LUTION OF THE,CITY COUNCIL
.0F THE CITY OFPOW/i.y, CALIFORNIA
APPROVING A MODIF.IQAJ'ION TO
. MINOR,. (JONDITIONALUSE PERMIT 00-006M(2),
A REQUEST H). EXPAND THE HOURS; OF REPAIR SERVICE
APNs: 323-201 "22 @'d 323"203"20
WHEREAS, on August 14; 2001, the City CounciLapproved Minor Conditional Use
Permit 00-006, Development Review 00-17, and Variance 01-11 to establish a Mitsubishi
auto dealership, including sales ;office, and service, fac:iJity. ona 0 99-acre site located
at 13864 Poway Road, within the Automotive/GenerCiI Cqh1!!l~rcial (A/GC) zone of the
PowayRoad Specific Plan, pursuant to Resolution No. P-01-42,"i:md
WHEREAS, on August.5; 2003, the City Council approved a modification to Minor
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Conditional Use PermitoOcQ06M to establish additional'display area for the existing Poway
Mitsubishi auto deaiership on 0.9 acres of a 2.27-acre parcel located on the northeast
corner of Poway Road between Evanston Drive and Otis Post Road, within the
Automotive/General Commercial (NGC) zone of the Poway Road Specific Plan (13910
Poway Road); and
WHEREAS, an application for a modification~9 'Minor Conditional Use Permit
00-006(M)2 was submitted by Mark Abelkopto extend.the current hOurs of oper~tion6fthe
Service Department for Poway Mitsubishi and Hyundai from'Monday through Friday, 7 30
a.m. to 6 p.m. to Monday through Friday, 7a.m: to 7 'p.m. and Saturday from 8 a.m. to
5 p,m., and,
WHEREAS, on September'13,2005, the CityCbUncil held a duly advertised public
hearing to solicit comments from the public, both ,pro and con, relative to this' application.
NOW, THEREFORE,BE ITRESOL VED by the City Council of the City of Powayas
follows.
Sectioh L The City Council finds that this: project is Categorically Exempt from the
California Environmental quality.Act(<;:EQA), pur,suant to Section 15301 ,Class 1, because
'thepro]ect is charactefized,as a mirior'expansibh'in hours of operations for an existing auto
repair facility
SectionZ The findings, in accordance with Section 17 48.070.of the Poway Municipal
Code, for Modification to Minor Conditional UsePermif(MCUP) 00-006M(2) are made as
follows:
A The proposed location);ize, design, and operating characteristics oftheautomobile
repairfa,ciljty are in accord with the title and purpose of Chapter 17 48 of the Poway
MunicipalCode (Conditional Use PermifRegulations), thePowayGeneral Plan, and
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Resolution No P-DS-62
Page 2
thedevelopmentpolicies and standards of the City, in that the site is specifically
designated'fon automotive related uses, ,and repair faCilities are allowed with the
approval of a Minor Conditional Use Permit.
B The 10cation;sizl1, design, and operating char.acteristics oftheauto repairfacilitywill
be compatible with, and Will not adversely affect or be:'materially detrimental to,
adjacent uses, buildings, or structures in that 'theClctivities will continue to be
conducted within an. eXisting building Test driving will continue to be prohibited in
the surrounding neighborhoods.
C The repair business will be in scale, bulk coverage and density consistent With
adjacent uses in that it wiil continue to be containec!, within the existing building
envelope.
D There are adequate PlJblidacilities; services, and utilities available at the subject
site hserve the repaif"l5iJsiness. No new utilities we proposed.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the:auto repair business is locatedwiihin an existing building
and activities Will be conducted within the building;
F The generation of traffic Will not adversely i.mPa9t the capacity and physical
character of the:surrounding streets and/or the QifCUl<:jtio[l Element of the General
Plan. The facility would provide adequate offcstreet parking for cars.
G The site is suitable:forthe!ype and intensity oftheproposed developmentin that the
auto repair is in an area With several auto relat~d bU,sinesses and consistent with the
purpose of the Automotive/General Commercial zo'ne.
H. There will not be significant harmful effects upon, environmental quality and natural
resources in that the aytQ repair facility woulqcontinue to be located within the
existing building, and will not impact natUral habitat resources.
i There is no,relevant.negative'impactof the:proposed expanded hours of operations
- -.. '-" _. - "
of the repairfacility
J The potential impacts, and the proposed expanded hours Of operation of the auto'
repair facility will not be materially injurious to properties or improvements in the
vicinity, nor be contrary to the adopted GeneraLRIi:m or the Poway Road Specific
Plan, in that the auto repair activities will cpiitihueito be,conducted within an existing
building, and is. appropriate to the purpose oHhe .f\utomotive/General Commercial
zone, in which the site is located, with the approval of a Minor Conditional Use
Permit.
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Resolution No. P-05-62
Page 3
K. The fJrQposed expanded hours of operations will.comply with each of the applicable
provisions of the Zoning 'Ordinance and the General Plail.
Section 3 The City Council. hereby approves Cl modification to Minor Conditional Use
Pehilit 00-006M(2) to extendthe:current hours of operation of the Service Department of
. . - . ,
the Mitsubi~hi and Hyundai dealership located at 13864 Poway Road, within the
Automotive/General Commercial (AlGC) zone of the Poway Road Specific Plan. The
approval would extend the hours of operation from Mondayfhrough Friday, 7 30 a.m. to 6
p.m. to Monday through Friday, 7 'a.m. to 7 p.m. and Saturday from 8 a.m. to 5 p.m. subject
to the following conditions:
A Approval of this modification to MCUPOO-006M(2):shall apply only to the subject
project and shallnotw<:iiye:compliancewithallsectionsofthe Zoning Ordinance and
all other applicable City Ordinances in effect aUhe time of Building Perrnit issuance.
B Within 30 days of the date of this approval: (1 )othe,Clpplicant shall submit in writing
that all Conditions of Approval have been readand'understood; and (2) the property
owners shall execute a Covenant Regarding Real Property
C The use conditionally granted by this approval shall not be conducted in such a
manner as.to interfere with the reasonable use and enjoyment of surrounding uses.
D Conditions of Approval listed in Resolution P-Ol-42 approVing MCUP 00-006,
DR 00-17, and VAR 01-1-1, as well as Conditions of Approval listed in Resolution
P-03-46 approving Modifications to MCUP 00-006(M) are fully incorporated herein
by this reference except as modified in this Resolution for MCUP 00-006M(2).
E- On-site loading and unloading of an automobile, car, or pick-up truck, from a truck
with the capacity to transpprt more than one such vehicle, is not permitted unless
delivery complies with all of the following:
1 Nci~€Jliveri.es will occur. on publiC streets or on' the access to, the future:
housihg site to the north (APNs 323-203c18 and19).
2. The delivery truck will not enter residential areas.
3. Delivery hours for vehicles are restricled'to.between 7.30 a.m. and 6 p.m.
rvIonday through SatUrday. No deliveries. are permitted on Sundays.
F Delivery of parts and supplies is not perrilitte<;fon p(jblicstreets or on the access to
the future housing site to the north (APNs 323-203-18 and 19).
On-site delivery hours for parts and supplies are' restricted to Monday through
Friday, 7 a.m. to 7 p.m. and Saturday from 7 a.m. to 6p.m.
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Resolution No. P-05-62
Page 4
G The conditions of,MCUP 00-006M(2) shall remain in effect for the life of the subject
auto dealership, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner All previous
conditions of MCUP 00c06M, as contained in Resolution No 03-46, still apply,
except as modified herein.
H. MCUPOOc006M(2) is subject to a review 6-months after the new hours have been
commenced for compliance with Conditions of Approval for the repair service. This
review shall also include an evaluation of any noise impacts from the service bays
and any impacts from the.delivery of vehicles on the site,
I MCUP 00-006M(2) maybe'subject to annual review, as (jetermined by the Director
of Development Services, for compliance with the Conditions of Approval and to
address concerns that may have been raised during the prior year
Section 4 The approval of MCUP 00-006M(2) shall'expire on March 2,2006, at 5:00
QJJb unless the new hours have been commenced in reliance on the MCUP approval.
PASSED, ADOPTED and APPROVED bytne City Coundlof the City of Poway, State of
California, this 13th day of September 2005.
ATTEST
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Sherrie D Worrell, Deputy City Clerk
20852 2'
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Resolution No. P-05-62
Page 5
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
1,"Sherrie,D Worrell, Deputy City Clerk ofthe€ityofPoway, do hereby certify under
,penalty of perjury thaUhe forE;lgoing Hesolution No;p"O,5-62 was duly adopted by the City
Coundlat a meeting of sclidGity'Council held o'n,tl}:e 13th day of September 2005, and that
it was so adopted by the following vote.
AYES' BOYACK, REXFORD, EMERY
NOES NONE
ABSENT HIGGINSON, CAFAGNA
DISQUALIFIED' NONE
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Sherrie D Worrell, Deputy City Clerk
City of Poway