Covenant Regarding Real Property 2003-0299547
..' I '. 13503 DOC' 2003-021995471f.
RECORDING REQUEST BY: ) !HAR 18. 2003 11: 08 AM
CITY OF POWAY l SAN DIE~fk~ ='8 OFFICE
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WHEN RECORDED MAIL TO: ) GRffilRV ;EE~ITH, ~ RECORDER
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2003-0299547
POBOX 789 )..--.--
POWAY CA 92074-0789 )
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fiNO Transfer TaxDue ) (This space forRecorder's Use)
tV I COVENAN~ REGARDING REAL PROPERTY
Spa Holdings, LLC, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real
(', property described in Exhibit A which is attached hereto and made a part hereof and
Lr which is commonly known as Assessor's Parcel Numoer 3177490-82 ("PROPERTY"
hereinafter). In consideration of the approval of CUP 87-04(M) and DR 87-07(R),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, encurnbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that CUP 87-04(M) and DR 87-07(R) expires or is rescinded by City
Council at the requestof the OWNER, CITY shall expunge this Covenant from the
record title of the 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
OWNER:
Dated. a/; I /o} By'
/ /
CITY OF POWAY
Dated /1/5 I tJ3 By' d. .
, Niall Fritz, DireCtor Development Services
M:lplanningl02reportlcuplCUP 87-04M KFC A&Wlcovenant
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. .. . 13,5,04 .
.. CALlFORN-IA ALL.PURPO ACKNOWLEDGMENT
NO.'5907
zallyappeared . ,
, . NAME(S)'OF SIGNEA(S)
personally known to me . OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
I @ ""." ""'NU" I knowledged to me that he/she/they executed
the same in his/her/their authorized
... COMM,,#,1289233
~ lit NOTARY PUBLIC-CALIFORNIA a capacity(ies) , and that by his/heritheir
(,) ,SAN IJIEGO COUNTY 0
J .. My Commission,Expires .... signature(s) on fhe instrument the person(s),
JANUARY 1,2005 I or the entity upon behalf of which the
person(s) acted, executed the instrument.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITl:.E(S)
o PARTNER(S) o LIMITED
o GENERAL
o ATTORNEY-iN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REI;'RESENTING:
NAME OF PERSON(S) OR ENTITY(IE$)
SIGNER(S) OTHER THAN NAMED ABOVE
~1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309"7184
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EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO; AND IS DESCRIBED AS FOLLOWS.
PARCEL 1
PARCEL 6 OF PARCEL MAP NO. 13750, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFl8E OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
APRIL II, 1985 AS FILENO. 85-125006 OF OFFICIAL RECORDS.
PARCEL IA. ,
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NONEXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS AND FOR THE PASSAGE AND
PARKING OF MOTOR VElllCLES INTO, OUT OF, ON, OVER AND ACROSS ALL PARKING
AREAS, DRIVEWAYS AND SERVICE1REAS WlTIIIN PARCEL 3. OF PARCEL MAP NO 13750, IN
THE CITY OF pOWAY, COUNTY OF SAN DIEGO, STATE OF CALifORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL II, 1985 AS FILE NO. 85-
125006 OF OFFICIAL RECORDS, AS SAID AREAS ARE DEPICTED AND DEFINED IN THAT
CERTAIN DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS RECORDED MAY
21,1985 AS FILE NO 85-177814 OF OFFICIAL RECORDS.
PARCEL IB:
NONEXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS AND FOR THE PASSAGE OF
MOTOR VElllCLES AND PEDESTRIANS INTO, OUT OF, ON, OVER AND Ac:ROSS ALL PARKING
AREAS AND DRIVEWAYS WITlllNPARCEL I OF PARCEL MAP NO. 7885 AND WITlllN PARCEL
I OF PARCEL MAP NO. 4653, BOTHINTHECITY OF POWAY, COUNlYOF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY
- . . . . - .-
RECORDER OF SAN DIEGO COUNTY, AS SAID AREAS ARE DEPleTED AND DEFINED IN THAT
CERTAIN RECIPROCAL EASEMENTS AGREEMENT RECORDED MAY 21, 1985 AS FILE NO' 85-
177815 OF OFFICIAL RECORDS.
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EXHIBU B
RESOLUTION No P-03-03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY.,CALlFORNIA
APPROVING CONDITIONAL USE PERMIT 87-04(M)
AND DEVELOPMENT REVIEW 87-07(R)
FOR THE EXPANSION OF THE
KENTUCKY FRIED CHICKEN DRIVE-THROUGH RESTAURANT
WHEREAS, on July31, 1987, the City Council approved Conditional Use Permit87-
04and Development Review 87-07 for a drive-through restaurant at the property located at
12660 Poway Road in the Poway Road Specific Plan area pursuant to Resolution No P-
87-39; and
WHEREAS, applications for a Modification to Conditional Use Permit 87-04 and a
- Revision to Development Reviewal-07 were submitted bySyed Hameed, applicant; to add
a 400-square-foot walk-in cooler/freezer, a tower element, and a trellis to the existing
Kentucky Fried Chicken drive-through restaurant located at 12660 Poway Road within the
Albertson's Center Specific Plan area (SP 02-01) located in the Community Business (CB)
Zone of the Poway Road Specific Plan area, and
WHEREAS, on January 14, 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 City Council finds that this project is Categorically Exempt from the
California Environmental Quality Act as a Class 1, purs.uant to Section 15301 (e) of the
CEQA Guidelines, in that it involves the addition to an existing structure less than 50
percent of the existing floor area.
Section 2: The findings,.in accordance with Section 1748.070 of the Poway Municipal
Code, for thE) modification to Concjitional Use Permit 87 -04 to add a 400-square-foot walk-in
cooler/freezer, a tower element"all9 a trellis to the existing Kentucky Fried Chicken drive-
through restaurant located at 12660 Poway Road withihthe Albertson's Center Specific
Plan area (SP 02-01) located in the Community Business (CB) Zone of the PowayRoad
Specific Plan area, are made as follows:
A. The location, size, design, and operating characteristics of the proposed enlarged
drive-through restaurant is in accord with the title:and. purpose of Chapter 17 48 of
the PoiNay Municipal Code (Conditional Use Permit Regulations), the purpose ofthe
Albertson's Center Specific Plan, the PowayRoad Specific Plan, the CB zone, the
City General Plan, and the development policies and standards of the City in that
drive-through restaurants are allowed with a Conditional Use Permit, thE1 project will
not significantly impact traffic circulation or parking, and the facility has been
designed and sitedsuch that it will be compatible with the surrounding development.
. 13507 .
ResolutionNo. P-03-03
Page 2
B. TheJocation, size, design, and operation characteristics of the proposed enlarged
drive-through restaurant will be compatible with and will not adversely'affect or be
mClteri,ally detrimental to adjacent uses, residents, buildings, structure, or natural
re.sources in that the facility will be located within an existing parking lot, and has
been designed and sited such that it will not result in visual impacts to the
surrounding community
C The proposed enlarged drive-through restaurant is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the design of
the proposed facility is consistent and complimentary to surrounding buildings.
D There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed enlarged drive-through restaurant.
E. There will not be. a hqrmful effect upon the desirable surrounding property
characteristics in that the design of the proposed facility is consistent and
complimentary to surrounding buildings within the Albertson's Center and design
elements of the Poway Road Specific Plan has'been incorporated
F The generation ()f traffic' will not adversely impact the capacity and physical
character of the surrounding streets in that the applicant will be required to pay a
traffic mitigation fee, and in that a parking analysis has:determined that the on-site
parking is adequate and meets the zoning code requirements.
G The site is suitable for the type and intensity of use and development which is
proposed in that the proposed enlarged drive-through restaurant is located along
Poway Road, a major arterial, and within an existing developed shopping center
H. There will notbesignificantharmful effects upon environmental quality and natural
resources in thatthe'proposed enlarged drive-through restaurant is located on a
previously developed property and does not involve the removal of natural habitat
resources.
I There are no relevant negative impacts associated with the proposed enlarged
drive-through restaurant that cannot be mitigated.
J ThaUhe potential impacts, and the proposed location, size, design and operating
characteristics'of the proposed project will not be materially injurious to properties
orimprovementsinthe vicinity, nor be contrary to the adopted General Plan, in that
the enlarged drive-through restaurant has b~en designed and sited such that it will
not result in visual impacts, and will bring theexis!ing building closer in compliance
with design. standards of the poway Road Specific Plan.
., . 13508 e
Resolution No. P-03-03
Page 3
K The proposed enlarged drive-through resta~rant will comply with all the applicable
provisions of Chapter 17 48 of the Poway Municipal Code in that the facility has
been'designed and sited such that it will not result in visual impacts.
Section ,3. The findings, in accordance with Section 17.52 of the Poway Municipal Code,
f6rDevelopment Review 87 -07(R) to add a 400-square-foot walk-in cooler/freezer, a tower,
and atrellis to the existing Kentucky Fried Chicken drive-through restaurant located at
12660 Poway Road within the Albertson's Center Specific Plan area (SP 02-01) located in
the Community Business (CB) Zone of the Poway Road Specific Plan. area, are made as
follows:
A. The proposed project is an expansion of an existing drive-through restaurant, which
will not adversely affeCt the existing parking, and queuing capacity of the
establishment. The proposed addition will be builton a previously disturbed site that
is currently used for a trash enclosure, landscaping, and parking. Existing
landscaping along Poway Road will continue to provide screening of the drive-
through lane. The proposed addition will incorporate design elements consistent
with the Poway Road Specific Plan. Therefore, the project respects the
interdependence of land values and aesthetics to the benefit of the City
B The drive-through addition and exterior modifications will incorporate wood trellis,
roof rafters,and windows consistent with the design guidelines of the Poway Road
Specific Plan and the architecture of the existing Albertson's Center Therefore, the
proposed use does not .col"1flict with the orderly and' harmonious appearance of
structures and property within the City, alongwith assoCiated facilities, such as, but
not limited to signs, landscaping, parking areas and streets.
C Public facilities, se,rvices, and utilities are available The proposed addition will not
affect parking availability"of the Albertson's Center Adequate parking consistent
with the Zoning Code requirements will be provided The existing drive-through
provides adequate queuing spaces without affecting circulation of the parking lot
Therefore, the proposed project.does not detract from the maintenance of the public
health, safety, and general welfare, and property throughout the City
0 The drivecthrough addition is designed to minimize visual impacts of the
approximately 100-foot long walls on the surrounding commercial development by
incorporating a trellis, two faux windows, and stucco to break a split face block
surface The design, colors, and material compliment the existing Albertson's
Center Theproposed development respectsthe public concerns for the aesthetics
of developments.
E. The proposed project will meet the required design regulations, and will otherwise
comply with all of the relevant codes and standardsofthe City of Poway Therefore,
the proposal does not haVe an adverse aesthetic, health, safety, or architecturally
related impact upon existing adjoining properties, or the City in general
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13509 Resolution No. P-03-03
Page 4
F TheprOpbsed projectwill comply~ith all ofthe provisions of the Zoning Ordinance,
and the General Plan.
Section 4' The findings, pursuant to Government Code Section 66020 for public
improvements, are needed as a result of the proposed development to protect the public
health, safety, and welfare are made as follows:
A The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities wilL be available to serve this project. The construction of public
improvements is needed as a result of the proposed development to protect the
public health, safety, and welfare as identified below'
1 In accordance with the Poway General Plan, the project requires the
payment of traffic mitigation fee to finance public infrastructure
improvements, which promote a safe and healthy environment for the
residents of the City
SectionS The City Couricil hereby approves CUP 87-04(M) and DR 87-07(R) to add a
400-square-foot walk-in cooler/freezer, a tower element, and a trellis to the existing
Kentucky.Fried Chicken drive-through restaurant located at 12660 Poway Road in the
Community Business Zone and within the Poway Road Specific Plan area, as shown on
the plans dated November 26, 2002, subject to the following conditions:
A. Approval of thisCUPfDR 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 Permitissuance.
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B Within 30di3Ys of the date of this approval: (1) the. applicant shall submit in writing
that all conditions of approval have been read and !jnderstood; and, (2) the property
owners shall execute a Covenant 01) Real Property
C The use conditionally granted by this approval shall not be conducted in such a
manner asto interferewith the rea'sonable use and enjoyment of surrounding uses.
D The conditions of CUP 87-04(M) and DR 87-07(R) shall remain in effectforthe life
of the subject drive-through restaurant, and'shall run with the land and be binding
upon future owners, successors, heirs, and transferees of the current property
owner.
E, CUP 87-04(M), and any revision thereto, 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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13510
Resolution No. P-03-03
Page 5
F Conditions of approval listed in Resolutions No P-87-39 approving CUP 87-04 and
DR87-07 are fully incorporated herein by this reference.
G. The applicant shall obtain a Building Permitprior to installation of the facility Prior
to issuance of a Building Permit, the applicant shall comply with the following:
1 The applicant shall comply with the latest adopted Uniform Building Code,
and all other applicable codes and ordinances in effect at the time of building
permit issuance.
2. The applicant shall obtain necessary permits from San Diego County
Environmental Health Department.
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3. The building plans shall be in accordance with the approved plans dated
November 26,2002, for CUP 87-04(M) and DR 87-07{R), and on file in the
Development Services Department, along with the conditions contained
herein.
4 Details ofar:lY new exterior lighting shall be included on the building plans,
including fixture type and design All new exterior lighting fixtures shall be
low-pressure sodium, and designed such thatthey reflect light downward and
away from streets and adjoining properties pursuant to Poway Municipal
Code Section 17,08.220.L.
5. The building plans shall include elevation!) and cross sections that show all
roof appurtenances, including air conditioning, architecturally integrated,
screened from view, and sound buffered from adjacent properties and
streets, to the satisfaction of the Director of Development Services.
6 Latticework above the doors shall be extended across the entire trellis
structure on the west elevation.
7 A trash receptacle accessible to those waiting in the drive-through line shall
be shown on the building plans and installed
8 The exterior colors shall be earth tone and consistent with the color scheme
of the surroundingshoppirg center and major tenants to the satisfaction of
the Director of Development Services.
9 Complete landscape construction doculTlents for new landscaping other than
in-kind replacement shall be submitted to and approved by the Planning
Division. Landscape plan check deposit is required upon submittal of the
plans. Plans shall be prepared in accordance with the City of Poway Guide
to Landscape Requirements (latest edition).
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. 13511
Resolution No. P-03-03
Page 6
10 The trash enclosure shall not exceed 6 feet in height and shall be
constructed using split face block to match the existing restaurant building
and solid gates.
11 A traffic mitigation fee of $5,082.00 shall be paid to the Engineering Division
based on the addition of 400 square feet.
H Prior to obtaining a final inspection on the Building, Permits and/or release of
performance and payment securities, the applicant shall comply with the following:
1 The site shalLbedeveloped in accordance, with the approved plan on file in
the Development Services Departmentand the conditions contained herein.
- A final inspection from the appropriate City Departments will be required
2. Install new street number or refinish existing street numbers to be more
noticeable.
I Upon establishment ofthe revised drive-through facility, pursuant to CUP 87 -04(M)
and DR 87-07(R), the following shall apply'
1 All facilities and related equipment shall be maintained in good repair. Any
damagetrom any cause shall befepaired as soon as reasonably possible so
as to minimize occurrences of dangerous conditions or visual blight.
2. All lighting filStures shall be maintained such that they reflect light downward,
away from any road or street, and away from any adjoining premises.
3 The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
4 All landscaping, including areas within the adjacent public right-of-way, shall
be adequately irrigated and permanently and fully maintained by the owner at
all times.
5 The parking areas, driveways, and drive-through lane shall be well
maintained
6 Any signs-proposed for this development shall be designed and approved in
conformance with the Poway Municipal Code and require the approval of a
separate sign permit.
7 The drive-through loudspeaker shall be set at a volume that would not
adversely impact nearby businesses.
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13512
Resolution No. P-03-03
Page 7
Section 6. The approval of CUP 87-04(M) and DR87-07(R) shall expire on January 14,
2005, at '5:00 p.m. unless, prior to that time, a Building Permit has been issued and
construction on the property in reliance on the CUP approval 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 January 2003.
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ATTEST -
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STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No P-03-03 , was duly adopted by the
City Council at a meeting of said City Council held on the 14th day of January 2003, and
that it was so adopted by the following vote:
AYES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN: NONE
ABSENT NONE c~dJ~~~~k
City of Poway