Covenant Regarding Real Property 2003-0805821
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!, . 13594 -
I .. 'nOGt2oo3-0B05B21
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. . RiCb~DING~REQUEST"BY: )
( CiTYOFPOWAY )
~ ) JUL OB, 2003 9=16 AM
) iFFmIrt RmRDs',
WHEN RECORDED MAILJO: )
) SAIl DIEW CWfrt REClRDfR' It IfFlCE
cn"Y CLERK ) ~. J.SIlITH. rotlIfr/ RECffiDER
CITY'OF POWAY ) . FEES: 23:00
qp POBOX 789 )
POWAY CA 92074-0789 ) (ThISSpaceforReclll!ll~ IIIIII!III ~I~ 111~jl~~~~l~)'IIIIIIIIIIIIIIIIIII~II!'f
)
#;OtJ No'Transfer Tax Due )
',1\PN:, 317-27.0-49
COVENANT REGARDING REAL PR0PERTY
Michael J. Foster, PROPERTY:OWNER ("OWNER" hereinafter) are the owners of real
property C'PROPERTY" hereinafter) which iscommonly.known as. Assessor's Parcel
Number317 -27.0-49 and more particularly,describedasfollows:,1.6 acre site located at the
southwest corner of the GreQgCourt/Community Road intersection.
Iniconsideration'of the.approval'of Conditional Use Permit (CUP) 03-04, a requesttoallow
the establishment ofa motorcycle, off-road vehicle, and watercraft sales business, with
ancillary service, on PROPERI'(.by the City of Poway C'CITY" her.einafter), OWNER
hereby agrees to abide-by conditions of the attached resolUtion (Exhibit A).
This00venant shalLrunwith the land and be.binding upon and inure'to the bElnefit
of the future owners, enc!Jrnbrancers, successors; heirs, personal representatives,
transferees anda?signs ofthe resp'€\ctive parties. "
In the event that CUP03-04 expires or is rescinded byCityCouflcil aUhe request of
OWNER, CITY shall expunge'this Covenant from the Tecordtitle of PROPERTY.
In the event of litigatiori"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.
0WNER:
Dated: #.~ By ~~~~
(Notarize)
Dated: .f{. WI b~ By'
Niall Fritz, Director
m:lplanningIO:Jreporllcuplcup o3-o4Icov.doc
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, CAL'F.ORNIAALL.PURPO.ACKNOWLEDGMENT Nl?5!JU1
State.,of (!lJl-lrfO(21.!/11J
County of :;;'ik1J .[)i{;3-{)
On J u / y;) , ).00 ~ before me, JaWlClY:4 kDFUJ"1o ,
DATE NAME,~'nn.E OF OFFICER E.G., "JANE DOE, NOTARY P~BLlC"
personally appeared M I C}lO,-t' ( J F-os fe v-
,
NAME(Sl.of S)(jNER(S)
o personally known to me - OR -4proved to me on the basis of satisfactory e~ce
to be the person(s) whose name(s is re
subscribed .to the within instrument and ac-
knowledged to ,me that he/she/they executed
r ~" the sanj,g iU ~er/theiraiJthorized.
t' ;TAMARAK. DECOITCI it capacity(ies), and that by9her/their
,_~~mmiSSiOnIl130?~8~ z
'~, '<", 'NotaryPub"c~:Cglifom'a ~ signature(s)on the instrument ,the person(s),
:l: 1:>?!/~) - San DjE;'~l?,.county ,_ ~ or the entity upon behalf of which the
"..' MyCcmm Cxp1iesr>.of'J>J11 200)
;' ,':. I, ' ,_""".,."", .'- ,:;4 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~){JJd~
SIGNATUAE OF NOTARY
OPTIONAL
Though the data below isnol'required by jaw;'i! may prove vaiuable to persons relying on the docurilentandcould'prevent
fraudulent reattachment oiihisform'. '
CAPACITY CLAIMED BY'SIGNER DESCRIPTION OFATTACHED DOCUMENT
o ,lNDfVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITlE{S)
o I?ARTNER(S) DUMITED
o GENERA~
o ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDi'AN/CONSERVATOR
o OTHER:
DATE OFDOCUMENT
SIGNER :IS'REpRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)"
S'IGNER(S) OTHER THAN NAMED ABOVE
. -. ~ ~ - "- ,_, on
@1993NATIONALNOTARY AS$QCIATION. 8236 RemmelAve.. P:O. Box.71B4. Canoga Park, CA91309-7184
. .13596
RESOLUTION NO, P-03.29
A RESOLUTION OF "fHE CITY COUNCIL
OF THE CITY OF POWAV: CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03-04
ASSESSOR'S PARCEL NUMBER 317-021-49
WHEREAS, Conditional Use Permit (CUP) 03c04 was submitted by Alba Action
Sports, Applicant, to establish a motorcycle, off-road vehicle, and watercraft sales business
(with;al1cillaryservice) atthe deyeloped site/building located ,at 12160 Community Road in
the Light Industrial zone, and;
WHEREAS, on June 10, 2003, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1. The project.ise)(emptfrom the requir~mentsoftheCalifornia Environmental
Quality Act (CEQA), as a Class 1 exemption, pursuanttoSection 15301 of the CEQA
Guideline~, in that the project involves a change in 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 03-04 to establish a motorcycle, off-road vehicle, and watercraft sales
business (with ancillary service) on property located at12160Community Road in the Light
Industrial zone, are made as follows:
A. The propos~d location and operating characteristics of the proposed use are in
accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code
(Conditional Use PermitHegulations), the City General Plan, and the development
policies and standards of the City in thatthe product Vii!! be storedehtirelywiihin the
building and all service a<::tivity will be conduct~d entirelywithin the building,and will
not result in visual impacts to the surrounding community.
B. The location and operating characteristics of the proposed use will becoillpatible
with ~lnd will not adversely affect or .be materially detrimental to adjacent uses,
buildings, structures, or natural resources in that the use will be conducted entirely
within the building andwill not result invisual impacts to the surrounding community
C The'proposed use is in harmony with the scale, bulk, coverage, and density of, and
is consistent with, adjacent uses in that the proposed use is to be located within an
existing building 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.
EXHIBIT A
. 13,597.
Resolution 'No. P;()3-29
Page 2
E, There will not be a harmful effect uP9.Q the desirc:lble, surrounding property.
charac~eris~ics 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 propcisedlise will not generate an amount of traffic significantly
more than the trafficigenerated by previous users of the existing building.
G, The site is suitable for the type and intensity of use or development which is
proposed.
H. There will not be significant harmful effects upon environmental quality and natural
resources in thaUhe proposed use is located ion 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 herebyapprovesCUP'03~04 to establish a motorcycle, oJf-
road vehi~le;and watercrc:lft's!'lIes business (with ancillary service) at 12160 Community
Road, subject to the following conditions:
A. Approval of this CUP,request shall apply only to)hE;l subject project and shall not
waive compliance with all sections ofthe Zoning Oi"dinanceand all other applicable
City ordinances in effect al'the time of Building Permit issuance.
B. Within 30 days ofthe date of this approval: (t),theapplicantshall sqbll1itin writing
that all conditionsbf approval have been read ~,r\i:l ul)derstood; and, (2) the property
owners 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 03-04 shall remain in effect fbrtheJifeofthe subject use and
shall run with the land and be binding, upon future owners, successors, heirs, and
transferees of the cur~ent property owner'
E. CUP 03"04 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.
. . 13598
Resolution No. P- 03~29
Page 3
F. Ttleapplicaiitshall comply with all Building'l:livision 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.safetydata sheets for all hazardous materials to be used and
stored on-site.
2: Repair facility 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 reyiew. wit~
owners/applicant is required to identify process and operations to be.utilized.
H. Signage shall be approved. under separate sign germit and shall comply with City
sign regulations. Prior to the installation of any signage a sign perrilitapplication,
and fees, shall be submitted for review. A building permit may also be requited.
I. Upon establishment oUhe use, the following shall apply'
1. No outdoor storage~ including storage/display of product, is permitted to occur
at the site.
2. All service work shall be ancillary to the bu~iness and shall occur entirely within
the building.
Section 4 The approv,al of CUP 03-04 shall expire on June 10, 2005, at 5:00 p.m.
unless, priorto that time, the use pursuant the CUP approval has been established'prior to
its expiration.
. . . 13599
.
Resolution No. P-q3~29
Page 4
PASSEO,.A00PTED and APPROVED by the City Council oftheCity of Poway,
State of California. this 10th day of June 2003,
ATTEST:
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I,Lori Anne Peoples, CitY CI.er~ of the CityofPo.way, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. ,1>-03-29 ,was duly adopted'by the
City Council at a meeting of said City Council held ori the 10th day of June 2003, and thatit
was so adopted by the following vote:
AYES: EMERY" GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT NONE
'0 'Anne Peoples, Cit
City of Po way