Covenant Regarding Real Property 2005-0116309
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fA CITY OF POWAY)
\ \p I ) FEB 10, 2005 3'58 PM
WHEN RECORDED MAIL TO: )
OFFIClo,L RELUFICI'i
) -"c:.Jl LilECiU 1.:JUr'lT'1 F:ECURCq::F-!":1 OFFICE
CITY CLERK ) r;nEI,OFI', ,[ '"IIITH COUIIT, RECOFIC'ER
CITY OF POWAY) FEE'i: ,:2.00
POBOX 789 ) F'o,-,E',J
POWA Y CA 9207 4-0789 ~ 11111111111111111111111111111111111111111111111111111111111111111111111111111111
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" 2005-0116309
APN 323-060-02 COVENANT REGARDING REAL PROPERTY
DALLY I, Inc" a California ,Corpor<'liion, PROPERTY OWNER ("OWNER" hereinafter) is
the owner of real property which iscornrnonly known as Assessor's Parcel Nurnber 323-060-02
("PROPERTY~' hereinafter) and is described as foilows:
THE EASTERLY 16400 FEET OF THE WESTERLY 260.00 FEET OF THE
NORTHERLY 16400 FEET OF THE SOUTHEAST QUARTER OF SECTION 18,
TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF
Inconsideration of the approval of CUP 04-11, by the City of poway ("CITY" hereinafter),
OWNER hereby agrees to abide by conditions of the attached Resolution (Exhibit A).
This Covenant shall run with the land and be binding upon and inure to the benefit,of the
future owners, ,enctlmbrancers, successors, heirs, personal'representatives, transferees 'and
assigns'of the respective parties.
In the event that CUP 04-11 expires or is rescindedgy City Council at the request of lhe
OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY
In the event of litig at ion to enforce the provisions ofthis Covenant, the prevailing party
shall be entitled to full reimbursement of ail costs, including reasonable attorneys' fees, from the
other party
OWNER: DALL Y I, Inc.
Dated:, ",( / .> J _ OJ S By' ,vv/CIJ /^--,.,. X,-" ".J
Wesam Yotlsif, Agent for SeryJce of Process(Notarize)
CITY OF POWAY
Dated: /... '2.~. DC::- By'
ent Services
M:\planning\04report\cup\04-11_ Gardons Liquor\covenant.doc
06-0/7
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15609
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California ~ } ss
County 01 ~_VaD
1 On_ ),/Z1r/ftey :? /, ZODJ:efore me, ---/'1tILL- f') ,JIh/f/;'/,AJorri/-rkuc-- J
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I, personally appears:le WF~ YOvt5 IFdTille 01 Officer le.g, "Jane Doe, Notary Publ,c")
Name(s)olSigner(s)
I o personally known to me
~ed to 'me on the basis of satisfactory
1 evidence I
J
~ - - - - - - ~WS;IN; - -I to be the person(s) whose name(s) is/are
subscribed to the within instrument and
~ CommIsSion # 1450304 acknowledgea to me that he/she/they executed
~ . -,,; Notary PubUc ' CaHlomla I
j. San DIego County l the same in his/her/lheir authorized
1 capacity(ies), and that by his/her/their
I, _ _ _ ~:?:..flC~:~9~2~7 signature(s) on the instrument the person(s), or
I, the entity upon behalf 01 which the person(s)
1 acted, executed the instrument.
1 WIT~hand ,n~~L ~ I
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( . ?L...1t- vl/VJl /1
/ Slgnatu~e of Notary Public
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I, OPTIONAL
Though the information below is not required by law, it may prove valuable to persons.,(elying on ~he document and could prevent
fraudulent removal and reattachment of this form to another document. ,I
Description of Attached Document ) ~
Title or Type ofDocument: 6t/O/rJff -qAR-J/"tf CYil. P,/Jt,7f!r-y J
Document Date: /-2 J-=--O J- Number 01 Pages: ,p
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I Signer(s) Other Than Named Aoove'
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Capacity(ies) Claimed by Signer I
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1 Signer's Name:
I,
I o Individual Tapa/thumb h3re
1 o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney,in,Fact J
o Trustee J
o Guardian or Conservator
I' o Other: J
Signer Is Representing:
@1999National Notary AssoC!alion. 9350 'De Soia Ave., p.o. Box 2402 . Chatsworth, GA 91313.2402. www.nationalnolary.org Prod. No. 5907 Reorder: Call Toll.Free 1.BOQ.876.&l27
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15610
EXHI BIT A
RESOLUTION NO P-04-95
A RESOLUTIQN OF THE CITYCOl!NCIL
OF THE: CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 04-11
AND MINOR DEVELOPMENT REVIEW APPLICATION 04-92
ASSESSOR.'S PARCEL NUMBER 323c060-02
WHEREAS, Conditional Use Permit (CUP) Q4c11 and Minor Development
Review Application (MDRA) 04-92 was submitted by Sammy Yousif, Applicant, for the
expansion of a legal non-<;6nf6rming use to allow a 220-square-foot addition and other
improvements to an existing commercial building (Gordon's Liquor & Deli) located at
14251 Garden Road, in the Cornmercial Neighborhood (CN).zone; and;
WHEREAS, on Decemoer 14, '2004, the City' Council held a duly advertised
public hearing to solicit comment~ from the public, both pro and con, relative to this
appli~ation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1 The proposed project is Categorically Eieinpt as a Class 1 Categorical
Exernption from the California Eifvirorimental Q~aliWAct (CEQA) pursuant to Section
15301 of the CEQA Guidelines, in that the project involves an addition to an existing
structure and involves negligible expansion of an existing use
Section 2: The findings, in accordance with Section 17 48.070 of the Poway
Municipal Code, for CUP 04-11 and ,MDRA 04-92 to allow for the expansion of a legal
non-conforming use by installing, a 220-square-fQot\ya1k in cooler, and remodeling the
interior and exterior of ane~istiiigcommercial bUilding on property located at 14251
Garden Road; in the Commercial NEjighborhood (CN)zori'e, are made as follows:
A The proposed location, size, design, and operating characteristics of the
proposed' expansion of the legal,non-co[lforming use and site improvements are
in accord with the titlE;laild purpose of Cliapter 1748 of the Poway Municipal
Code (Conditional Use Permit Reguiations), tlie General Plan, and the
development policies and standards of the City in that the project has been
designed to enhance the surrounding community
B Tlie location; size, design, and operating characteristics of the proposed
expansion of the legal ncincconforming use wjll 'De compatible with and will not
adversely affect or belTlaterially detrimental to adjacent uses, residents,
buildings; structUres, or natural resources in that the addition to the rear of the
existirigstore has been designed and sited such that it will not result in 'impacts
to the surrounding commuriity
,
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Resolution No P-04-95
Page 2
C The proposed expan'sion ofa ,legal non-conforming use and site improvements
are in harmony with the scale, bulk, coverage, and density of, and is .consistent
with, adjacent uses in, that the proposed facility is located on a commercially
, ,
toned and developed property
D There are adequate public facilities, services, ana utilities available at the subject
site to serve the proposed expansion of a legal non-conforming use and site
improvements,
E. There will not be a, harmful effect upon the ,desirable surrounding property
characteristics in,that the proposed expansion of a legal non-conforming use and
site, improvements I1i1S,.been designed to enhance the corner
F The generatiQn of tra.ffic ,will not adversely irnpact the capacity and physical
cb.cll'a6ter of the surrounding streets and/or the Circulation Element of the
General :Plan in' that the 'proposed expansion of'a legal noh-conforming use is a
continuation ofthe:existing'use.
G The site is suitabl~ for the type and intensity of use or developrnent, which is
proposed, in that the prQP.6sed expansion of a Ie gal non-conforrning use and site
improvements will ehhance the exterior of the existing store,
H, There will not be significant harmful effects upon environmental quality and
natural resources in. that the proposed expansiohof;a legal non-conforming use
is located on a developed property and does not. involve the removal of natural
habitat resources.
I There are no relevpnt Dl3gative impacts associated with the proposed expansion
of a legal non-conforming use and site improvements,thatcannot be mitigated in
that the developrnent will comply with City of Poway standards.
J That the potential impC!c!s; cHid the, proposed location, size, design, and.
operating char~cteristics of Hie proposed expansion of a legal non-conforming
use and site irnprovements will not be rnaterially injurious to pr()perties or
improvements in the vicinity, nor becontrarytQ tneadopted General Plan, in that
the expansion has been designed, to' meefiCity requirements,
K, The proposed expansion of a legal non-conforming use and site improvernents
will corn ply with all the applicable provisions of Chapter 17 48 of the Poway
Municipal Code in that the'site has been designed such that it will not result in
visual impacts.
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Resolution' No. P-04-95
Page 3
Section 3' The City COLih,Gil h~reby approves CUP 04-11 and MORA 04-92, for an
expansion of a legal nonccohforming use and other improvements to an existing
cormiiercial building at 14251 Garden Road, as shown on the site plans dated October
15, 2004, and floor plan' and elevations dated September 7, 2004, subject to the
following conditions.
A Approval of this CUP ?"ndMDRA request shall.apply only to the subject project
and 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.
B. Within 30 days ofthedate'ofthis approval:
1 The applicant shall sLib'ii1it in writing that alicoriditions of approval have
been re'adaridunderstood.
2. The property owners shall execute a Covenant Regarding Real Property
C The use conditionallygrCll1ted by this approv131 ~hall not be conducted in such a
rnanner as to interfere with the reasonable. use and enjoyrnent of surrounding
uses.
0 The conditions of CUP 04~11 and MORA 04-92 shall remain in effect for the life
of the subject business, and shall run with the land and be binding upon future
owners, successors, hefrs, and transferees of the current property owner
E. CUP 04-11 and MDRj\ 04-92,may be subject to annual review, as determined by
the Director of Develqpnieht Services, for compliance with the conditions of
approval and to address concerns that may have been raised during the prior
year
F The,applicanl;shall,9bt13iQ.a Building Permit prigr to installation of the new walk-in
(;ooler Prior'to jssuan~eof aBOilaing Permit, the'appiitantshall cornply'with'the
following:
(Planning)
1 The applicant sha,1I (;omply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Building Permit issuance,
2.. The site shall be developed in accordance with the approved site plan on
file in the Development Services Department; dated October 15, 2004,
and floor plan and elevations, dated September 7, 2004, and the
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Resplution No. P-04-95
Page 4
conditions cont'ained herein. A final' inspection from the appropriate City
Departments will be required.
3, The specific materials used to create the paint and texture of the new
additioll sh~1I be depicted on the buildirig :plans. The colors on the
buiicHng and awnings shall be consistent with the approved colors on file in
the Planriing Division.
4 Submit complete landscape and irrigation plans to the Planning Division
for review arid approval. A landscape plan, check review fee is required at
the tirne of initial submittal of the plans, The plans shall be prepared
p.ursua~t' t() tl:i~ City of Poway Guide to Landscape Requirements. The
plans shciUldadores'sthefbllowing:
a. The landscaping in the required front and side yard setback areas
shall be enhanced, This will involve in~tallation of plant material
(trees, shrubs, and ground cbver)ahd irrigation, The excess
paving witbiri the side yard setback shall be removed and replaced
with the extension of the landscape. area.
b Street trees shall be provided in ,accordance with requirements
listedinthe'City of Poway Guide'toLandscape Requirements.
5. The site plan sl'1a.llshow and note all required parking. Parking shall be
provided in accordance With the Poway Municipal Code.
a. All parking spaces shall be double striped, The minimum
dimensions for standard sized parking stalls shall be 8.5 feet x18 5
feet. The parking lot design shall comply with the Americans with.
Disabilities' Act for accessible spaces, with one van-accessible
~pace.
6 The trash enclosure,shall be constructed with a 6-foot-high masonry wall,
with view-obstructing gates. The enclosure shall be constructed of
decorative block or stucco, and painted to rnatch the building,
7. All roof appurtenances, including air conditioners, shall be architecturally
integrated, screened from. view, and sound buffered from adjacent
properties and streets as required by the Planning Division.
8. All exterior lighting (building and parking lot) shall be removed and
replaced to confon;, to current lighting reql!irements. The lighting shall be
lowopressure sodium after eleven p.m. .uritil.dawn, and all lighting shall be
(jirected doWriward into the site as to not cause glare on adjoining
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Resolution No. P-04-95
Page 5
properties or str~Ms, The new light 'fiXtl:.lres shall all be the same fixture
and cqlors, 'to ,the satisfaction of the Director of Developrnent Services.
(Engineering)
9 A RightcofcWay. Permit shall be obtained from the Development Services
Department - Engineering Division prior tel p~rforming any work within
public street right~of~way or any City held easement.
10 The .following development fees shall be paid to the Engineering Services
Department prior to Building Permit issuance, These fees are currently in
effect:and 'areisubject to;change.
Sewer: $235,60 Sewer connection fee
Traffic Mitigation: 40 trips/1 ,000 sfx220 sf x $66 x 0.25 = $145.20
Park: N/A
Drainage: f'::J/A
11 The property owner. shall provide a certification from a state registered civil
engineeror licensed architect indicatingthe'quantity of earthwork involved
and pay a $500 inspection fee,
G The applicant shallconstructthe following improvements to the satisfaction of the
Director of Safety"Services:
1 The trash enclosure' 'must contain the appropriate sprinkler protection
above the durnpster
H, Prior 10 6btainjnga fihal ii}sp,ectiori on the Building Permits, the .following shall
apply:
1 The City's Landscape Archit"ect shall inspect the landscaping required for
the project.
I Upon establishment of the new Walk-in cooler a:nd interior rernodel, pursuant to
CUP 04-11 and MORA 04-92, the following shall apply'
1 All facilities and related equipment shall be maintained in good repair
Any damage from any cause shall be repaired as soon as reasonably
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15615
Resolution No. P-04-95
Page 6
possible so as to minimizeoccurrences'of-da.ngerous conditions or visual
blight.
2, The owner or o'perator of the facility shall; routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit.
Trash shall not be allowed to accumulate on the site and around the trash
enclosure.
3. All landscaped areas'ori-site, and within the adjacent right-of-way, shall be
maintained in a healthy and thriving condition, free from weeds, trash, and
debris. The trees shall be encouraged and' allowed to retain a natural
'form. Pruningjshould be restricted tomain~ain the health of the trees and
to protect the public safety Unnatural or excessive pruning, including
topping, is not permitted.
4 temporary, dis~,!ay of products in the parking lot is not approved under this
applica.tion. Requests for approval for temporary outdoor display of
products are processed, pursuant to Chapter 17.26 of the Poway
Municipal Code" under 'a separate Outdoor Display Permit. Requests
shall be accompanied by detailed information on the type and location of
outdoor display
5 Permanent window sign age shall not exceed twelve square feet of the
frontage and shall comply with Section 17 40090 1
6. Temporary window signage shall ,not exceed 25% of the window area as
per Section 1740:090:2 of the Poway Municipal Code,
7 All wall signs ,sh,all conform to current code requirements and all
appropriate per!11its shall be obtained.
B. Air lighting fixtures shall. be rnaintained. ;sut~ that they reflect light
downward, away from any road or street, and away from any adjoining
residential development.
9 The owner and operator of the business shall ensure that .no loitering is
permitted on the premises.
Section 5: The approval of CUP .04-11 and MDRA 04-92 shall expire on: December
14,2006, a1-5:00 p.rn, unless, prior to that time,. a Building Permit has been issued and
construction on the property in reliance on the CUP approval has cornmenced prior to
its expiration.
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,,' 15616
Resolution No, P-04-95
Page 7
PASSED, ADOPTED and.APPROVED by the City Council of the City of Poway,
State of Caiifornia, this 14th day of Decernber 2004
ATTEST
~,,&~ ~
L. Oi ne Shea, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of P6way, do hereby certify, under the
penalty of perjury, that the foregoing'Resolution No. P-04- 95 , was dUly adopted
by the City Council at a meeting ofsaid City Council held ,on the 14th day of December
2004, and that it was so adopted by the following vote:
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES. NONE
ABSTAIN: NONE
ABSENT NONE ~L~
L. D aneSliea; City Clerk
City of Poway