Covenant Regarding Real Property 2005-0534067
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RECORDING REQUEST BY: ) 111111111 !IIIIIIIIIIII 1111111111 1111111111 11111 11111 11111 III!I 1111 IlIi
) JUr-J 24 2005 2:28 PM
f{'O CITY OF POWAY )
) IIf"Fil-I.'::',L F:ECOR[I'J
WHEN RECORDED MAIL TO: ) '::,,:....i.l r1iECiO CiJllrH'1 FiECUr:CIEF,":; OFFln:
\0' l~lRE::~CIFi'i ,I St,,'1ITH 1_:OUt'JI-', F-iEClJR[IEFi
I!/d' ) F"EF'-, ::5.uu
I CITY CLERK ) PL.,GE':,. lU
CITY OF POWAY ) 11111111111111111111111111111111 11111 1III1 1111111111 II!II II 111111111111111111111
POBOX 789 ) 2005-0534067
POWAY CA 92074-0789 ) 1'762':>
)
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Recovery Corporation of America, PROPERTY OWNER ("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 323-262-02
("PROPERTY" hereinafter)
In consideration of the approval of MCUP 04-15, by the City of Poway ("CITY"
hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution
(Exhibit B),
This Covenant shall rU,n 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In the event that MCUP04-15 expires or is rescinded by City Council at the
request of the OWNER, CITY stJall expunge this Covenant from the record title of the
PROPERTY
In the event of litigation 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
Dated' 6, /3,- ~S-
(Notarize)
CITY OF POWAY
Dated d7fr By'
Niall Fritz,
M:\planning\05report\mcup\04~ 15. Poway Molorcycle\covenant,doc
cr5-//1
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17626
CALlFORNIAALL.PURPOSE ACKNOWLEDGMENT
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State of califo.rnia} '1
~ () ss. I
County of . II '\ e~ [)
I On 3L11\>e\":l",..:lM5 beforerne, Sherr,eD. WITrell, NOtarl.{ Publl( I
Dale . . D.. () _ _ Name and Tille of Officer (8.g;, "Jane Doe, Notary Public")
personally appeared \\ef\(,,~ p. l'Ibe ,
Name(slofSigoor{s)
o personally known to rne
~ proved to rne on the basis of satisfactory
[ evidence
I ~"- -'.. J!!~ - - - - f I
...... . C~. ,. .,~;~~ to be .the person('i!' whose. narne~aare
-' IIDllIIy Fid:liIc CairOmIa .. subscribed to the within Instrurnent and I
I, ...IIanDl89o......~. d aCk.n.oWledged tornetha.t~she/they executed
. , : _ClIIimn.......:iun3o;.. the sarne In @her/therr authorized
" ,.,.....:......:...:-.,....""~.__.'" .,. _.,. .,. capacity(~, and that by @her/their
I ., .' signature(,*onthe instrument the person(sr, or
the entity upon behalf of which the person(* I
acted, executed the.instrument.
I'
I WITNESS rny hand'and.official seal. I
~.~
l Signalure of Notaiy Public
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I
OPTIONAL I
Though the information below is not required by law, it may prove valuable to persons 'fefying, on the document and could prevent
fraudulent, removal and reattachment of this form to another,document.
Description of Attached Document .,
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Title or Type of Document:
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Document Date: Number of Pages:
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Signer(s) Other Than Narned Above:
,
Capacity(ies) Claimedliy Signer I
Signer's Name:
I . I
o Individual Top (If thumb here 'I
o Corporate'Officer - Title(s):.
o Partner _ U Lirnited 0 General
o Attorney.in-Fact J
o Trustee
I 0 G.u~rdian or Conservator
I, 0 Other' I
I' I
I. Signer'ls Representing:
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@1999Nationa.1 Nota.rjo Association' 9350 De SotoAve. p.o:Sox 2402' Chatswor\h. CA 91313-2402' wwwnalionalnotary,org Prcd. No: 5907 Reorder: Call Toll Free 1-800-876-6827
.- , File No 03203994 . .
17627
EXHIBIT "A"
All that ceEtain real property situated in the County of San Diego, 'State of
California, described as follows
ALL THAT PORTION OF LOT 3 (NORTHWESTERLY QUARTER OF THE
SOUTHWESTERLY QUARTER) SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED
AS FOLLOWS
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 3, SAID POINT
BEING ON THE CENTER LINE OF POWAY ROAD AS SHOWN ON ROAD SURVEY
NO 944 AND RECORD OF SURVEY MAP NO, 1544, SAID MAP BEING FILED IN
THE OFFICE OFl'HE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO,
THENCE SOUTHERLY ALONG THE EASTERLY LINE OF LOT 3, A DISTANCE OF 30
FEET TO INTERSECT THE SOUTHERLY LINE OF POWAY ROAD,
THENCE NORTH 890 15' 30" WEST 115 08 FEET ALONG THE SOUTHERLY LINE OF
POWAY ROAD TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 10 24' EAST 400 FEET;
THENCE NORTH 890 15.' 30" WEST 108 90 FEET,
THENCE NORTH 1024' WEST 400 FEET TO THE SOUTHERLY LINE OF SAID
POWAY ROAD,
THENCE SOUTH 890 15' 30" EAST ALONG SAID SOUTHERLY LINE 108 90 FEET
TO THE TRUE POINT OF BEGINNING
Page 3
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EXHIBIT B 17628
RESOLUTION NO P-05-31
AiRESOLUTION OF THE CITY couNciL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING.MINOR CONDITIONAL USE PERMIT 04-15
ASSESSOR'S PARCEL NUMBER 3230262-02
WHEREAS, Minor ConclitiorialUse Permit (MCUP) 04-:15was submitted by Henry
Rose/Recovery Corporation:bf.America, Inc., Owner: A request to establish a 'motorcycle
repair service within the existing commercial building located at 1'3965 Poway Road, Suite
B The site is located within the Automotive GeneraLCommercial Zone (AGC) ofthePoway
Road Specific Plan area and the Residential Single-Family 2;(RS-2) zone, and;
WHEREAS, on May 17:,2005, the City Councllheld a.clulyadvertisedpublic hearing
to soiicit comments from the public, both pro and con, relative to these applications.
NOW, THEREFORE,'BE ITRESOL VED by the City Co.uncil of the City of Poway as
follows:
Section 1, An Environmental Initial Study was completed on the project. It was
determined thatthe establishment of the proposed uses of the property will not have a
significanradverse impact on the,environment, since pofentialimpactsare less thanalevel
of significance by the recommended conditions of approval. The City Council hereby
approves the Negative Declaration.
Section 2: The findings, in accordance with Section 1748,070 of the Poway Municipal
Code, for Minor Conditional Use Permit (MCUP) 04-15 aremade as follows:
A. The'proposed location, size,;design, and operatirigcha'racteristics of.themotorcycle
repair facility are' in acc9rd with the title and purlloseofChapter 17.48 ofthe Poway
Municipal Code (Coriditional Use Permit Regulations);,the Poway General Plan, and
the development policies and standards of-the City, 'in that the site is specifically
designated for automotive and motorcycle related u~es, and repair facilities are
allowed with the approval of a Minor Conditional Use Permit.
B Thelocation, size, design,.and operating characteristics of the motorcycle facility will
be compatible with, and will not adversely affect or be matElrially detrimental to,
adjace[lt uses,blJJldings, or structures inthatthe,busiriess wiJlbecbnducted within
an existing building, Test driving will be prohibited in surrounding neighborhoods.
C. Theproposedmoiorcyclerepair business will be in scale, bulk coyerageand density
consistent with\adjacent uses in that it will be contained within the existing building
envelope.
D There afe:actequate public facilities, services, and utilities available at the subject
site to serve the proposed motorcycle repair business, No new utilities are
proposed,
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1 7'629
Resolution No P-05-31,
Page'2
E. There wlil inot' be a harmful effect upon the de~irable sUrrounding property
characteristics in that'themotorcycle repair business is located within an existing
building and activities will be conducted within the building. A noise study
demonstrated that the fr19Jorcycle repair business would not exceed Poway
Municipal CodE; noise,standards. New landscaping along Poway Road will
compliment-the building from the street.
F: The generation of traffic will not adversely impact the capacity and physical
character of the SUrr9LJIldirlg streets and/or the Circulation Element of the General
Plan, The facility would:provide adequate off-street parkingJor cars and motorcycle.
G The siteis'suitable for the type and intensity of the proposed development in that the
motorcycle repairbusiness is in an area with several ,:!uto related businesses and
consistent with the purpose10fthe Automotive General ,Commercial.
H. There will notbe ~ignifica-nfharmfuleffects upon environmental quality and,natural
resources in thafthe proposed motorcycle repair facility would be located within an
existing building, and will not impact natural habitat resources,
I There is no relevant'negative impact of the proposedimotorcycle repair facility
J Thepotertial impact~, and the proposed location, size, design and operating
characteristics of'the motorcycle repair facility will. not be materially injurious to
properties or improvements in,th~ vicinity, nor be contrary to the adopted General
Plan or the Poway Road SpecificPlan,in thafthe,motorcycle repair activities will be
conducted within an'e~isJirlg building, and is appropriatetothe purposeofthe AGC
zone, in which the site 'is located, with the approval of a Minor Conditional Use
Permit.
K. The proposed ,motorcy,c1e repair facility will compiy with each of the applicable
provisions of the Zoning Ordinance and the General pian.
Section 3: The City, Council hereby approves MCLlP '04c 15 to establish a motorcycle
repair faCility ,in Suite B ofthe'proPerty; 10catE;cl at 13965 Poway Road, as shown on the
plans,dated March 10, 2005, subject to the followin'g conditions:
A. Approval of this Mcup shall apply only to the subject project and shall not waiVe
co~pliance with all sections of the Zoning Ordi(iance and all other applicable City
Ordinances in':effect at,the time of Building Permit issuance,
B Within ,30 days.'ofth~ date ofthis approval: (1) the applicantshall submifin writing
thatal.l.coMitioris of ,approVal. have been read and understood; and (2) the property
owners shall execute'a Covenant Regarding Real Property
. . 176:l0
Resolfjtion No P-05c31
p~ge 3
C The u?8corjqitioI')911y ,granted by this approval sh'all not becqnductedin such a
manrier' as to inteifere,with thereasonable use and,enjoyment of surrounding uses.
D The conditions of MCl:JP 04-15 shall remain in effect for the life of the subject
motorcycle repair servic:;e, and' shall,run with the land and be binding upon future
owners, successors, heirs, ,and transferees ,ofthe 'currentpr6perty owner
E MCUP 04-15 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the ,cor:1ditions of appro\(al and to
address concerns that:may have been raised duringthe'prior year
F An B-foot-/jigh decorative~Qh?ck wall and a 5-foot-wi9.e densely landscaped planter
shall beconstructed/installed along theRS-2 and A/GC zone boundary atsuch time
as,a residential useis1established on the residentially.zoned portion of,the,property
to the satisfaction ofthe Director of DevelopmenfServices.
G The applic~nt shalfobtaiil'SlBuilding Permitpriorto modifying the exterior,or interior,
or occupying Suite B -of the existing building" whichever comes first. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
1 The site'shall be developed in accordanceiwith the approved plan ()n'file in
the Develop[1ler:1t,Services Departmeot (dilted March 10, 2005) <!nd the
conditions- cqnt~iiJ.ed herein. A final inspection from the appropriate City
Departmentswill be required
(Building)
2, The tenanliimj:iroyements shall provide disable'd access,
(planning)
3 The building plclns shall'include a revised site'plan that provides parking for
all 3 suites to.thEhsatisfaction ofthe DiredorofDevelopment Services. The
spaces, alongthe,westproperty line, shall be restriped,at'a:90-degree angle,
A trash enclosure shall be, provided The site plan shall show equipment
proposedto"be located outside' the building,
4 Afloor plan consistent with the plar:1s:referenced'in the noise study prepared
by URS(dated October?, 2004, and revised on November 15, 2004, and
December 1, 2004) shall be included iil the Building Permit plan set.
5 The)aircornpressQr shall not exceed the noise emission ofthe compressor
d,esj::ribe(jinthe above referenced roise study prepared by lJ.RS,A barrier or
ventilated enclosure shall be provided aroundthe,air compressor, consistent
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with,the December 1, 2004, letter prepared by URS
'. . 17631
Resolution,No P-05-31
Page.4
6 The,building plans shall include elevations and'crossrsections that show all
new roof appurtenances, including, but not limited to, air conditioning and
ver\tsr,scre~iJedJr'omview, and sound buffered from adjacent properties and
streets, to the satisfaction of the Director of Development Services.
7 Details of any new exterior lighting shall be included on the building plans,
including fixture'typeand design, All new exterior lighting fixtures shall be
low~pressure sodium, and designed such ,th<3!ttJ~y reflect light downwaraand
away from stre~ts,:tndadjoining properties,pursuanHo the Poway Municipal
Code Section 17.08:220.L. Parking lot lights shall bean automatic timers to
the satisfaction oftheOirector of Development Services,
8 Complete landscapeconstnuction documents for nel,\i landscaping based on
the prelimin?ry la.ndscape plans submitt~d March 10, 2004, shall be
submitted band approved by the Planning0ivision, A landscape plan check
fee deposit of$525 is required upon submittal of the plans. Plans shall be
prepared in accordance with the City of Poway Guide to Landscape
Requirements (latest edition), The plans shall'beconsistent with the site plan
requiredfor the Building Permit.
9 All new utilities shall be placed underground. Upgrading and relocation of
existing overhead electrical services shall'beundergrounded.
H. Prior to occupancy, the applicant shall comply with the following fire safety
requirements, 'baMidonra repair Garage Group Hi Division 4 Occupancies, to the
satisfaction ofthe Fire, Marshal:
1 Approved mechaflical ventilation shall be provided capable of exhausting a
minimum of 1 cubic foot per minute, per square foot of floor area.
2, Provide ami,ni,muQl one-hour occupancy,~ep'aration wall between the repair
garage and the remaining areas throughouUhis facility
3 Obtain a permit from the Poway Fire' Departme,nt to use this facility asa
place of business for the purpose of servicing and/or repairing motor
vehicles,
4 Submita list of,hazardous materials'intended:tobe used at this facility to the
Poway Fire Department. Include all related Material S<:jfety Data Sheets
idellti!y,ing,the flammability and life safety hazards of each material. Also,
identify any cutting and/or welding operations,
5 Provide a;minimum of two 4A:60BC dry chemical fire extinguishers.
. . 17632
Resolutkm"No. P-05-31
Page 5
6 Additionallife,safety measures may be required upon final occupancy
inspection.
I Prior to City'of poway approvalJoroccupancy, unless other timing is indicated, the
following conditions shall be satisfied'
(Planning)
1 All improvements and landscaping shalf be installed consistent with the
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approved site planiand landscape plans.
2. All new utilities shall be placed underground ,Upgrading and relocation of
existing overhead e.lectrical services shall be undergrounded
3 All landscaping, paving, curbing, and striping, shall be installed per the
approved landscape plans.
J Upon occLJpancy of the motorcycle repair service, pursuant to MCUP 04-15, the
following shall apply,
(Planning)
1 Any signs proposed for the use shall be designed and approved in
conformance with the Poway Municipal Code Sign Ordinance.
2. The repair ancUej;!ihg of motorcycles shall'be'(;onducted inside the building,
per thenoise'siUdY prepared by URSdated October7, 2004, and revise,d on
November 15, 2004 Test driving is prohibited in surrounding neighborhoods.
3 Hours of operatipns are Monday through Sa.turday, 7,30 a.m. to 5.30 p.m.
4 All facilities and related equipment shall be, maintained in good repair
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight.
5. The facility-shall be operated in such a manner as to minimize any possible
dis[lJption caused by noise; and' shall comply with the noise standards
c()ljt?jn_ed il),Chapter 808 of th~ PoWay Municipal Cod,e. At no time shall
eqUipment hoisefromany source exceed the noise standards contained in
the, PoWay Municipal Code, No loudspeaker sound amplification system
shall be used to produce sounds in violation of the Noise Ordinance,
including telephone, electric bell, or chime system,
. . 176,33
Resolution No P-05-31
Page 6
6 Th~ air cOl'Dpressorenclosure shall be "closed except during maintenance
The compressor shall be turned off outside'business hours.
7 The owner or operator, of the facility shall routinely and regularly inspect the
site to ensure compliance with the standardsseHorth in this permit.
8 All landscaping on-site and within the; adjacent public right-of-way shall be
adequately irrigated"and permanently and fully maintained by the owner at
all times in accordance with the requirements otthe City of Po way Guide to
Landscape Requirements. The trees shall be. encouraged af:1d allowed to
retain anaturallorrn, Pruning should be restricted to maintain'the health of
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thetreesandtqprofectthe'public safety: Trees,shouldbe trimmed or pruned
as needed ,to develop strong and healthy trunk and branch systems, Tree
maintenance and pruning shall be inaccordance:with "American National
Standard for Tree Care Operations"latestedition.(ANSI A300). Trees shall
not be topped and pruning shall not remove more than 25% of the trees' leaf
surface
5 The parking areas,'driveways and landscape areas shall be well maintained,
Section 4 The approval of MCUP 04-15 shallexpire, on May 17, 2007, at 5:00 p.m,
unless, prior to that time, a Building Permit has been issued, and construction on the
property in reliance on the MCUPap'proval has commenced,prim to its expiration,
PASSED, ADOPTED andl!lPPROVED by the City Council of the City of Poway,
State of California, this 17th day,ofMay 2005
ATTEST
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. L, " iane Shea, City Clerk
.'~ . " . . . 17634
. Resolution No P-05-31
Page 7
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
pe~urythat the foregoing Resolution No P-05-31 Was dUlyagopted by the City Council at a
meeting of said City Council held on the 17th day of May 2005, and that it was so adopted
by the following vote:
AYES BOYACK, REXFORD, HIGGINSON; EMERY, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE ~~
L. Diane Shea, City Clerk
City of Poway