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Covenant Regarding Real Property 2005-0116309 .. ~ . REtORD"N" REOUEOJ .~ f\) 0 081;11"1~IITlltl:llll~mmrnil~I]111 ml~rul!llllI! 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 No Transfer Tax D~e) - -~. " 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 . . 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 I 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 I' ( . ?L...1t- vl/VJl /1 / Slgnatu~e of Notary Public J I 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 " #/4-U ;:; t r z- I Signer(s) Other Than Named Aoove' J Capacity(ies) Claimed by Signer I I J 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 .- . . 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 , . . 15611 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. . . 15,612 ,,' 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 . . 1561-3 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 . . 15614 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 . - . . 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. .. . , . . . ,,' 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