Covenant Regarding Real Property 2004-0691328
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" . DOC # .~004-0691328
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I 1 11111111 III IIII! 11111 111111111111111111111111111111111111111111111111
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~ REC0RDING~EQUESTBY )
) JUL 23, 2004 8'36 AM
CITY OF POWAY )
~ WHEN RECORDED MAIL TO: ) OFFICI"L REcom,'"
) ';,t:.JJ [IIEGO (OU~H'I F:ECOF:CIER'S OFFICE
) GREFiOF:"1 ,I '~MITH UJUNT'I F:EI-IlR[IEFi
CITY CLERK ) FEE'" 21::,,00
CITY OF POWAY ) 1t.,GE'_, 7
POBOX 789 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
POWAY CA 92074-0789 )
)
No,Transfer-Tax Due ) (This space lor Recorder~s Use)
APN: 323-090-89
COVENANT REGARDING REAL PROPERTY
Kirkham Road,LLC, PROPERTY OWNER ("OWNEoR" hereinafter), is the owner of
real property C'PROPERTY" hereinafter) which is commonly known as Assessor's Parcel
Number 323"090-89 and more particularly described in the property legal description
included as Exhibit A.
In consideration of the approval of Conditional Use Permit (CUP) 04-05 on
PROPERTY, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide
by conditions of the attached Resolution (Exhibit B).
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In the event that CUP 04"Q5 expires or is rescinded by City Council at the request of
OWNER, CITY shall expUligethis Covenant from the record title of PROPERTY
In the event of litigation to enforce the provisions ofthis Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party
( /t3/DV OWNER: KIRKHAM ROAD,
Dated:
CITY OF POW A Y
Dated. S ft-c, /CL-( By' d
Niall Fritz, Director of elopment Services
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CALIFORNIA ALL.PURPOSEACKNOWlEDGMENT
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State of California 0 }
County of 70ffi (e?jO ss.
On 7 ( /t.{ 10 tf , before me, ~ i ~b/lt--
, Date ,Notary Public")
personally appeared
~ personally known to me
o proved to me on the basis of satisfactory
evidence ,
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, " _ _ _ _ _ _ _ _ - - - , to be the person(s) whose name(s) islare
~ is> ",. - PAm BASILE, subscribed to the within instrument and
_.'~'" commIsSion. #:1..3'!2~.1 I acknowledged to me that he/she/they executed
~ ,~".. Notary Public .,Californla - the same in his/her/their authorized
'tr.-;. . San Diego County . . ..
~. MycommE,piresFeb6,2007 capaclty(,es), and that by his/her/their
, signature(s) on the instrument the person(s), or .
: the entity upon behalf of which the person(s) ~
, :I::~ed the instrument. ~
: Jt1lin.1!;~
I' Place Notary Seal Above Sigr'1ature of Notary Public
,
I OPTIONAL
Though the information below is notlequired 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) '4/j1er Than Named Above:
Capacity(ies) Claimed by Signer
: Signer's Name: . I:
I, D Individual . To'p at thumb .18181
o Corporate Officer - Title(s): .'
o Partner - 0 Limited 0 General ~
o Attorney in Fact ~
o Trustee f6
o Guardian or Conservator ~
I, ~
I 0 Other' ~
Signer Is Representing: ~
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@1990NahonaINotaryAssoc'ahon.9350DeSotoAve., P.o. Bo~ 2402' ChatswMh, CA 91313.2402' 'NWWfl'ltlon'llnnt>'lryorg ProdlJo 5907 Reorrler; Call TolI,Free '-800.876.6827
. EXHIBIT A .
LEGAL DESCRIPTION
Real property in the Oty,ofPoway, County of San Diego, State of California, described as follows:
THAT PORTION OFPARCa 1,01= PARCa MAP NP, 572.0, IN THE CITY OF POWAY, ' COUNTY OF
SAN DIEGO, STATE OFCAllFORNIA, FILED IN THEOFACE OF THE COUNTY ,RECORDER OF SAN
DIEGO COUNTY, ONMAAcH 31', 1977 AS FILE NO. 77-118268 OF OFFICIAL RECORDS, BEING
DESCRIBED AS rAR(El30FciERTrFICATE OF COMPLIANCE RECORDED NOVE!'clBf,:R 3,1999 AS
FILE NO. 1999-0735323 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
.. .. .
FOLlDWS:
COMMENGNG AT THE SOUTHWESTElU.Y CORNER OF PARCa "B"OF CERTIFICATE OF
.,..-........,.-...,c.
COMPLIANCE AND BOUNPA~Y.ADJUSTMENT NO. 96-02,REl,:0RDED SEPTEMBER 20, 199(iAS
DOClJMEUT NO. 1996-'048q676.0FOFFICIAL RECORDS, SAID c::ORNER BEING ALSO J\poINTON
THE r'lORTHERLYUNE OFl'ORTIONOFLOT 10F SECTION 30 AND THE SOUTliERLY .L1NEOF
SEtrrON 19 OF TOWNSHIP 14 SOUTli, RANGE 1 WESTOF'n-iE'SAN BERNARDINO MERIDIAN,
SAID UNEBEINGALSOTHESOUTHl:RLY UNEOFSAIDI'ARCEL "B"; THENCE ALONG SAID
UNE, SOUTli ,88'DEGREES'1531" EAST (RECORD NORTH' 88;DEGREES 15'21" WEST, PER SAID
CERTIFICATE OFCOMPLIANCEI\ND BOUNDARY ADJUSTMENT NO; 96-02 AND SAID PARCEL
... - ._-. -
MAP NO. S750; NORTH 8? l?~GREES 15'43" WEST PER PARCEL MAPNO. 16103 FILED IN THE
OFFICE OF THE5AN DIEGO COUNTY RECORDER MAY 31, 1990 AS: FILE NO. 90-296630 OF
,-_.. ',- ,'<,-- ," ".-- - - -'."'-.. . -
OFFICIAL RECORDS), 141!7.9QF.EET TO THE TRUEPQINT OI',~EGINNING; THENCE ALONG SAID
. - -. - .
SOUTHERLY UNEOF SECTION 19,5OUTH 88 DEGREES 1531" EAST (RECORD NORTH 88
DEGREEs 15'21'; WESTPER'SAID:PARc:a MAP NO. 575'oF29~.1i FEET TO A POINT ON THE
EASTERLY UNE OFSAID PARCEL;l OFPARCa MAP NO. 5750; THENCE ALONG SAID EASTERLY
- .. -.
UNE, COMMON WITH:PARCEqgFSAID PARCEL MAP NO. 5750,SOUTli 01 DEGREES 02'08"
. . .. . ... , ' ,
WEST (RECORD NORTHQ1!.~~GR.!3;S03'OO" EASTPERSAIDPARGa MAP NO. 5750)3~1.06
FEET; THENc:ESOurnI70,EGREES45'07" EASTS04.77 FEET (RECORD NORTH17DEGREI:.S,
45'11" WEST 504.95 fEET PERSAID,PARCa MAP NO; 5750) TO,THE MOST EASTERLY CORNER
- - ... ",". ..- , , .-. "" "... -, "~ ,,- .. - -" ..
OF SAID PARCEL 1;'THENCE'I:EAVING SAID EASTERLY UNE AND ALONG THE SOUTHERLY UNE
' "'_' _" ~- c." - , .
OF SAID PARCEL 1, SOUTli,nOEGREES 12'59" WEST i23.95 FEET (RECORD NORTH 72
DEGREES 14'49" EAST, 124;Q31FEETPER SAIDPARCELMAP NO; 5750); THENCE,SOUTH 53
DEGREES 30'53" WEST 14Z;9~J~EET (RECORD NORTH,53DE~~'32'02" EAST 147.99 FEET
PER SAID PARCEL MAP!NO.,5750;.NORTH 53 DEGREES 30'42"EAST PER SAID PARCEL MAP NO.
16103) TO THE MOST SOl1THERLY CORNER OF SAID PARCELl OF PARCEL MAP NO; 5750,
COMMON WITH PARCEUOF SAID'PARCa MAP NO. 16103;'TRENCEALONG THE LINE
COMMON TO SAID PARCELf,o~?SAIDPARCEL MAP NO. 57S0ANDPARCEL 1 OFSAIDPARCEL
MAP NO. It;IQ~;NoRjt'FzJ'QEi:;REEs 3632" WEST 130.37 FEE:r(RECORDNOR'J!:l~3D~REE5
33'11" WEST 130.35 FEET. PER SAID PARCaMAP NO. 5750,.NORTH 23 DEGREES 36'<l4" WEST
PEp,.~I\I[)PARCELMAP NO; 16103);THENCE5gi:[nrl31 PEG~E5'05~5" WEST 147.06 FEET
(RECORD,NORTH18LDEGREES.ll'49"EAST 1:'17:00 fEEr:PER SAID. PARCEL MAP .NO.
5750,NORNi 81 DEGREES 05f14' EASTPERsAibPAR.cELMAP NO. 16103) TO THE MOST
. ~^. - . . . " .- - '" ". , -- ~ - .~. . -. ' '.
SOUTHWESTERLY CORNER OF SAID PARCEll OF'PARCELMAP NO. 5750, COMMON WITH SAID
PARCEL 10FPAR<:EL MAPI'h 16103; THENCE'ALONG THEWESrERlY UNEOF sAiD PARCEL 1
OF PARCEL MAP NO; 5750, COMMON WITH PA~RC!3-5 iAND i OFSAID PARCEL MAP NO. 16103,
NORTH 00 DEGREJ:;~ l7'2P" WEST (RECORD NORTH 00 DEGREES 17'35" WEST PER SAID
PARCEL MAP NO;,,16103;:NORTH 00 DEGREES 16'28"WESr 899.43 FEET PER SAID PARCEL MAP
. - ' . .. =,,'f ,.~. _ . .... _ _
NO. 5750, NORTH 00 DEGREES 17'33" WEST-PER SAlDPARCEL MAP NO. 16103) 899.75 FEET
TO THE TRUE POINT OF BEGINNING.
RrstAmetican Ttlfe
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EXHIBIT B
RESOLUTION NO P-04-42
ARESOLl:JTION OF THE,CITYC0UNCIL
OF THE CITY OF POWAY"CALlFORNIA
APPROVING CONDITIONAL USE PERMIT 04-05
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ASSESSOR'S PARCEL NUMBER 323-090-89
WHEREAS, Conditional Use Permit (CUP)04"05 Was submitted by Kirkhani Road,
LLC, Applicant, to establish personal hobbygaragE'ls, which would include the service and
repair of vehicles, within an.:approximate 11,OOOcsquare"footbuilding at 14035 Kirkham
Road in the Light Industrial/Outdoor Storage zone, and;
WI-iEREAS, on JU!'!El22,}Q04, the City Council held a,pulyadvertised public hearing
t9 solicit;comrllents from the public, both pro and con, relative to this application.
NOW,THEREFORE, BE ITHESOLVED by the City Council of the City of Poway
as folloWs:
Section 1: The projecti$exempt from the requirementsofthe'California Environmental
Quality Act (CEQA), as aCla:s_s. 1 exemption, pursuclnt t9 Section 15301 of the CEQA
Guidelines, in that the project involves a change of use in an existing building which
involves no, or a negligible, expansion of use.
Section 2: The findings, In accordance with. Section 17.48.070 of the Poway Municipal
Code for CUP 04-05 to establish personal hobby garages, which would include the service
and repair of vehicles, at 14035 Kirkham Road in the Light Industrial/Outdoor Storage
zone, are made as follows:
A. The proposed location and, operating characteristics of the proposed use are in
accord with the title and,purpose of Chapter 17.48',ofthe Poway Municipal Code
(Conditional Use Permit'Regulations), the City Generalplan, and the development
policies and standan:ls'ofthe City in that all workwirrbeconducted entirely within
the building and will not result in visual impacts to the surrounding community
B. The location and operating <<haracteristics ofthe;proposeduse will be compatible
with and. will not adversely affect or'bematerial!y detrimental to adjacent uses,
buildings, structures;.or natural resources in,thatthe Use will be conducted entirely
within the building and will not result in visual:impacts to the surrounding community
C The proposed use is'in harmonywiththe:,scale, bulk, coverage, and density of, and
is consist!3nt:'.Itith, ?djacent uses in that the proposed use is to be located within a
building that has alre<;ldy been approved bY the. City and is under construction, and
no building expansion is planned.
D There are adequate public facilities, services; and utilities available at the subject
site to serve the proposed use.
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Resolution No. P-04-42
Page 2
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed use will be conducted entirely within the building
and will not result in a visual impact to the surrounding community.
F The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan in that the proposed use will not generate a significant amount of traffic.
G. The site is suitable for the type and intensity of use or development which is
proposed.
H. There will not be ~ignificant harmful effects upon environmental quality and natural
resources in that the proposed use is located on a developed property and does not
involve the removal of natural habitat resources.
I. There are no relevant negative impacts associated with the proposed use.
Section 3: The City Council hereby approves CUP'.04"05 to establish personal hobby
garages, which would involve the non-commercial service and repair of vehicles, at 14035
Kirkham Road, subject to the following conditions:
A. Approval of this CUP 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 of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; (2) the property
owners shall execute a Covenant Regarding Real Property with the conditions of
approval; and (3) the' property owners shall execute a Covenant Regarding Real
Property specifiying that the property shall not be used for commercial vehicle
repair.
C. The use conditionally granted by this ,approval shall not be conducted in such a
manneras to interfere with the Teasonable use and enjoyment of surrounding uses.
0 The conditions of CUP 04-05 shall remain in effect for the life of the subject use and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner
E. CUP 04-05 may be subject to annual review as determined 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
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Resolution No. P-04-42
Page 3
F. The applicant shall comply with all Building Division requirements and shall obtain
any necessary Building Division permits prior to establishment of the use in the
building.
G The applicant shall comply with all requirements of the City Fire Marshall prior to
establishment of the use in the building, including the following:
1. Provide material safety data sheets for all hazardous materials to be used and
stored on-site.
2. Vehicle repair facilities, and other uses as determined by the fire Marshal and
Building Official,shall meet the minimum requirements of an H4 occupancy
classification.
3. Identify all approved flammable liquid storage methods (e.g.: storage room,
cabinets, containers, etc.).
4. A pre-walk-through site inspection or preliminary plan check review with
owners/applicant is required to identify process and operations to be utilized.
H. Upon establishment'of the use, the following shall apply'
1 No outdoor storage, including storage/display of product, is permitted to occur
at the site.
2. All service workshall be ancillary to the business and shall occur entirely within
the building.
3. No commercial vehicle repair or service is authorized under this CUP
Section 4. The approval of CUP 04-05 shall expire on June 15, 2006, at 5:00 p.m.,
unless, prior to that time, the use pursuant to the CUP approval has been established.
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Resolution No. P-04-42
Page 4
pASSED, ADOPT~Dand APPROVED by the City Council of the City of Poway,
State of California, this 22n~ day of June 2004
ATTEST
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch,..lnterim City Clerk ofthe City of Poway, do hereby certify, under
the penalty of perjury, that the .foregoing Resolution No. P~04- 42 , was duly
adopted by the City Council afa iJ1eeting of said City Couhcil held on the 22nd day of June
2004, and that it was so adopted by the following vote:
AYES GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN: NONE
ABSENT: EMERY
e. Bunch, Interim City Clerk
. f Poway