Covenant Regarding Real Property 2004-1231554
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~ RE~ORDIN~ REQUEST.8Y: )
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1f ' CITY OF POWAY ) DEe 30, 2004 2:25 PM
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I c;rrv:HEN RECORDED MAILTO: ) OFFICIAL RECClF:['S
) ',."N ['IEGO COUI-IT', RECORC'ER"', OFFICE
GREGORY.I SMITH.COU~IT'I'RECORDER
CITY CLERK. l27741 FEE', 25.00
CITY OF POWAY P.:..l,GE':~ 7
POBOX 789 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
POWAY CA 92074-0789 )
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No Transfer Tax Due ) \1I1l:!t )IJUL:t:' IUI n:eCUfuer ~ use}
APN: 317-271-27 2004-123,1554
COVENANT REGARDING REAL PROPERTY
Snider Property#3, LLC, a California Limited Liability Company, PROPERTY OWNER("OWNER"
hereinafter), is the owner of real property ("PROPERTY" hereinafter), which is commonly known as
Assessor's Parcel Number 371-271-27 and more particularlydescribed as:
LOT 27 OF CITY OF POW A Y TRACT 86-02R (1) POW A Y CORPoRATE CENTER UNIT 1,
IN THE CITY OF POW/!-.y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 12853, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 19, 1991
In consideration ofthe approval of Conditional Use Permit (CUP) 04-16/Development Review
(DR) 98-04R, a request to allow the establishment of a RV business and construction of a canopy
structure on PROPERTY by theCity,ofPoway ("CITY" hereiriafter), OWNER hereby agrees to abide by
the conditions in the attached Resolution (EJdlibit A),
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In the event that CUP 04c 16/DR 98-04R expires or is rescinded by City Council at the request of
OWNER, CITY shall expunge this Covenant from the record title of PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be
entitled to full reimbursement ofaILcosts"including reasonableattorney.>'fees, from the other party,
OWNER: p
Dated: / LILt / D4- By' ~/
I I Norm Snider, for
Snider Properly # 3, LLC
CITY OF POWAY
Dated: / J. z.,q. ~o/
M:\plannlng\04report\cup\04-16\cov.doc
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27142
CALIFORNIA ALL~PURPOSE ACKNOWLEDGMENT
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State of California } ss
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On '])~, Jd, Jentf . before me,
Date N<lme and Title 0 Officer (e.g., Jane Doe, Notary Pu
personally appeared n~ S~JI cleA
, Name(s)of Sign-ei(sl
-8'rrersonally known to me
D proved to me on the basis of satisfactory
evidence
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1 subscribed to the within instrument and
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;; " COMM, #1461311 r the same in his/hMft1'f"eir authorized
<J) . NOTARY PUBLIC. CALIFORNIA <J)
...J. SAN OIEGO COUNT'( ~ capacity(~' and that by his/h.e-Flthei r
Commission Expires Jan,.18. 2008 signature{s)"on the instrument the personfs), or
the entity upon behalf of which the perso$)
acted, executed the instrument.
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Place Notary Seal Abov~ Signature of Notary Public ~
OPTIONAL
Though the information below isnotrequired 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: ,
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Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual .
Top 01 thumb here
o Corporate Officer - Title(s),
o Partner - 0 Limited 0 General
o Attorney in Fact
I~ Trustee
o Guardian or Conservator
o Other'
Signer Is Representing: ~
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@ 1999 National Notary Assooatloo' 9350 De Soto Ave.. P.O. BQX 2402. Cllatsworth, CA 91313-2402' www,nationalnotary.org Prod.No 5907 Reorder:CaIlToll.Fr~1.BOO.876.6827
. . 2'1743
R'ESOLUTION NO P-04-94
A RESOLUTION OF THE CITYCOU~CIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING'CONDITIONAL USE PERMIT 04c16
TO ALLOW ESTABLlSf1MENT OF A RV BUSINESS, AND APPROVING
DEVELOPMENT REVIEW98-04R FOR A CANOPY STRUCTURE ADDITioN,
AT12145DEARBORN PLACE
ASSESSOR:S PARCEL NUMBER 317-271-27
WHEREAS, Conditional. Use Permit (CUP) 04c16 and Development Revie\iV (DR)
98-04R was submitted by Norm's RV, Applicant, to allow the establishment of an RV sales
and renta,l business, with propane sales, and a 2, 168-square~foot, metal canopy structure
addition on a developeq~itElI6c:a!ed Clt 12145 Dearborn Place:~in the Light'lndustrial zone of
the South Poway SpecificPlari; and,
WHEREAS, on December'14, 2004, the CityCoi.mcil helcj aduly a<;lvertjsed public
hearing to solicit commentsJrom the public, both'pro'and'con, relative to this application.
NOW', THEREFORE;SE ITRESOLVED by the City Council of the City of Po way, as
follows:
Section 1 The project is Categorically Exempt from the California Environmental quality
Act (CEQA), as a,'Class 1 Categorical Exemption ,pursuant to Section 15301 of the CEQA
Guidelines, in that the projectir:wolves a new use in an existing building that involves a
negligible expansion or inteni5ification of use,
Section 2: The findings, .ih accordance withtlie' Poway Municipal Code, for CUP 04-16
and DR 98-04R, are made as follows:
A. The project is in accord with the title and purpose of Chapter 1'748 of the Poway
MuniCipal Code (Conditiqnal Use Permit Regulations)', the General Plan, and the
developrnent policies and st?ndards of the City in that the site has adequate parking
to accommodate the use and ,screening of the vehicles will be provided, and will
therefore not'impact adjacent properties,.
B The us~ proposecj,llhder the Conditional UsePermitwill be,compatiblewith, and wfll
not adversely .affect or be materially de,tr.imental to, adjacent uses, residents,
. '
buildings, structures, or natural resources in'that the site has adequate parking
on-site to accommodate the use and vehicles will be screened from view
C There areadecjuate PLlblic facilities, services, and utilities'available at the subject site
to serve the proposed use,
D, There will not be a harmful effect upon tttegesirable surrounding property
characteristics in thatthe site has adequatepatking on-siteto accommodate the use
and screening of vehiCles will be provided.
. . 27744
Resolution No. P-04-94
Page 2
E, The proposed use will not generate traffic beyond that which was envisioned with
build-out of the South Poway Business Park; thus, it will not adversely impact the
capacity and physical character of the surrounding streets and/or the Circulation
Element of the General Plan.
F There will not be ,significanf harmful effects upon environmental quality and natural
resources in that the project is located on a developed property and does not involve
the removal of natural habitat resources,
Section 3. The City Council hereby approves CUP 04-16 and DR 98-04R to allow the
establishment of a RV sales and rental business, and a canopy structure addition at 12145
Dearborn Place, in the Light Industrial zone ofthe South Poway Specific Plan, as shown on
plans dated October 27,2004, subject to the following conditions:
A. Approval of this CUP/DR shall apply only 'to the subject project and shall not waive
compliance with all sec!.iol1s ofthe Zoning Ordinance, the South Poway Specific Plan,
and all other applicable City Ordinances in effect at the time of Building Permit
issuance,
B. Within 30 days of the date of this approval:
1 The applicant shall submit in writing thafall conditions of approval have been
read and understood, and
2, The property owner 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 The conditions of CUP 04-16/DR 98-04R, and all original Conditions of Approval
established with DR 98-04, shall remain in .effect for the life of the subject use, and
shall r.UIl with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner
E, Building permits are required for the screening wall, the canopy, and any interior
tenant improvements. Prior to the issuance of a building permit for the wall an
elevation of the wall, which indicates material, colors and pilaster spacing, shall be
submitted for review and approval.
F Prior to establishmentof the use at the site, the following shall be satisfied:
1 Landscape and irrigation at the perimeter of the new parking area shall be
provided to rnatch existing landscaping, and additional fast growing, evergreen
frees shall be provided in the existing landscape area along the street to assist
in long-term screening the RVs, Landscape and irrigation adjacent to the new
. "
. 27'145
Resolution No. P-04-94
Page 3
parking area shall.be provided along the entire length of the south property line
and along the east property line up to the new canopy structure.
Landscapelirrigation plans, and applicable review fees, shall be submitted to
the City for review and approval.
2, An eight-foot"hlgh, decorative masonrywall. which is architecturally compatible
with the building, shall be provided along the north property line and along a
portion of the east property line to assist in screening the RVs from the street.
Pilasters shall be provided to enhance the appearance of the wall.
3. The installation of any new security lighting shall cornply with City standards.
4 Paving and striping of the new parking area shall comply with all City
requirements.
G The following are required for the life of Conditional Use Permit 04-16
1 Any expansion of t~e use beyond that approved under this permit shall require
additional reviewgnd approval by the City'and may require, as determined by
the Director of Development Services, an amendment to this Conditional Use
Permit.
2. Vehicle repair and service is not authorized under this CUPIDR. Any proposal
for such activity would require an amendment to this CUP/DR and is subject to
additional City requirements.
3. No parking of vehicles associated with the business is permitted on the street.
4 Signs are subject to compliance with City standards, and require the approval
of a separate Sign Permit and Building Permit.
H. The following improvements shall be provided to the satisfaction of the Director of
'Safety'Services:
1 Roof covering shall be fire retardantas per UBC Sections 1503 and 1504, and
City of Poway Ordinance No. 64
2. The building shall display their nurneric address in a manner visible from the
access street. Minimum size of'lhe building numbers shall be six inches on
the front facade of the building. The building address shall also be displayed
on the roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriffs Department - ASTREA criteria,
2. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of not
-1
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27746
Resolution No, P-04-94
Page 4
less than 20.feet of unobstructed width, with adequate roadway,tLirning 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.
4 With the projectas proposed, the building and shade structure will beTequired
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, A breakaway padlock shall be
required for the fire sprinkler system post indicator valve, Should the applicant
modifY the size and/or location of the canopy structure, to the satisfaction of
the Fire Marshall, the sprinkler system requirement may be waived,
5. A 'Knox' Security Key Boxshall.be required for the building at a location
determined by the City Fire Marshal.
6 At a minimum, 3A:40BC fire extinguishers are required for every 3,000 square
feet and 75' travel,distance.
7 Material Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in each building.
8 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.
9 N,F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
10 Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit
man door or shall be located inside an enclosed closet with an exterior access
man door The door shall be labeled with a sign indicating "Fire Sprinkler
Riser" When the closet method is chosen, the. applicant shall provide 36
inches of c1~arance from the standpipe or attached additional risers,
accessible.bya 3'-0" rnan door
11 A separate permit from the fire department is required for the propane
installation and distribution.
12, Any electric powered gate across theaccesswayto the building shall have a
Knox override key
. . 27747
Resolution No. P-04- 94
Page 5
Section 4 The approval of CUP 04-161DR 98-04R shall expire on December 14, 2006, at
5:00 p,,m, unless, prior tothat time, the conditioris aQovehave been cornpletedin reliance on
the CUPIDR approval and the use has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 14th day of December 2004
.,
Michael P Cafa or
ATTEST
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C. i ne Shea, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No, P-04- 94 , was duly adopted by the City
Council at a meeting of said 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
t;(~~
L. Diane Shea, City Clerk
City of Poway