Covenant Regarding Real Property 2008-0113363
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RECORDING REQUEST BY: )
CITY OF'POWAY ) MAR 04,2008 416 PM
)
) OFFICIAL RECORD'"
WHEN RECORDED.MAIL TO' ) <"oil DIEGO [OUIH, RECOm'ER", OFFICE
~) GREGOR, .1 SMITH COUNT', RECOm'EF:
CITY CLERK ) FEES. 58.uO
" CITY OF POWAY \1 ) PAGES: 17
POBOX 789 )
POWAY CA 92074-0789 \ @'J') 11111111111111111111111111111111111111111111111111111111111111111111111111111111
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APN: 317-130-56
COVENANT REGARDING REAL PROPERTY
Bay Automotive Properties, 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 which is commonly known as Assessor's Parcel Number 317-130-56
("PROPERTY" hereinafter)
In consideration of the approval of MCUP 02-01 and MDRA 01-95R, 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In the event that MCUP 02"01 and MDRA 01-95R expires or is rescinded. by City
Council at the request of the OWNER, CITY shall expunge this Covenant from the
record title of the PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing
- party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party
Dated ---.!1..l /]. f.,. I 'j.pf7 OWN~ II
By' ~ ~A,tI()V'--II1AIJ""'NfI JUJHH8IIk...
Bay Autornoti ve Properti41l.j9tar;~)
CITY OF POWAY
Dated 7. ~. O?
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of ~~~ )
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County of ~,.-- )
On C1('2-cPlo, before me rJ..:L.r-t{w. TCLI ~<W.-t S" 01 ,Jo-itLr. fu-\7t.~
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Dale ame an Ite 0 leer e.g. ane 0, 0 ary U Ie)
Personally appeared _'---Jho(l<Ul...l A-. f (I C-<-
/ Names(s) of Slgner{s)
_ personally known to me OR
_ 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
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
NESS my hand and official seal.
I~a~~~
OPTIONAL
Though the information below is not required 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: U Ve^tA./'- t- ~::s ~
.- Document Date: ~.<,e.L Number of Pages: .L
Signer(s) Other Than Named Above: Nl6U fv' H.....
Capacity(ies) Claimed by Signer
Signer's Name. ~,,^"-~ A- f r, U'...
Individual
_ Corporate Officer - Title(s):
Partner - Limited - General
- -
_ Attorney-in-Fact
- Trustee
Guardian or Conservator
~ Other' IM...."J' '':2 M-L-_'->V \..., Lc...
Signer is Representing: \?~ 1~V\<4 J-.J( ()r4 f)4F h ~ I-I-C---
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GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE N01ARY SEAL. ON THE
DOCUMENTTO WHICH THISS'fATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: (Vl4t+\c;.. ~eLL\<l.A-r- S~ol
Commission Number: l""1'2... 6',1("L Date Commission Expires: 2-f Z:k{ 2-0 I \
,
County. Where Bond is Filed: ~.^
Manufacturer or Vendor Number: NNAj.
(Located on both sides of the notary seal border)
Signature: )fA d~ ~~
Firm Name (if applicable)
Place of Execution: Ltull-f ft..t/', U. Date: loln....-fa 1
Rec. Form #Rl0 {Rev. 7/961
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501: A~ J:O}("J EXHIBIT A
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. '. .1402.92 ORDER NO, 1220391.2
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'. ,... Owr.Uo:SPOI:.ICY
WEsnRN REGIONAl EXCEPTIONS
EXIIIBlT 1'1"
. PARCEL I OF PARCEL MAP NO: 12797, IN nrn CITY OF POWAY, COmiTY OF SA}.: DIEGO,
STA'l1' OF CALIFORNIA. fILED IN THE OFFICE OF THB COUNTY RECORDER OF SAN DIEGO
COUNlY JULY 8, 1983 AS FILEJP AGE NO. 83-232650 Of OFFICIAL RECORDS,
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CERTIFICATION:PURSUAN;T TO GOVERNMENT CODE SECTION27361. 7
Wu-?-fp......r C.+
Place of Execution
I certify under penaltV of perjury that this material is a true copy of the
original material contained in this document.
.
I(JI7--1/fC/1 fu~ ~~
Date Signature of Declarant
tu.GII" <K->.<lL --r o,..l \~ -r- S ~ " (
Type or' Print ame
~194
Recorder,Form IR9
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EXHIBIT A
PARCEL 1 OF PARCEL MAP NO 12797, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY JULY 8,1983 AS FILE/PAGE
NO 83-232650 OF OFFICIAL RECORDS
. EXHIBIT B .
RESOLUTION NO P-07-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR
CONDITIONAL USE PERMIT 02-01, AND REVISION TO
MINOR DEVELOPMENT REVIEW APPLICATION 01-95
ASSESSOR'S pARCEL NUMBER 317-130-56
WHEREAS, a request for a Minor Conditional Use Permit (MCUP) 02-01, and
Revision to Minor Development Review Application (MORA) 01-95 were submitted by
Poway Chevrolet to legalize four existing seatainers, a covered auto detailing area, and
an existing legal nonconforming auto repair facility in conjunction with auto sales, and
the establishment of a modular building to be used as a temporary office at the site of
the Poway Chevrolet dealership located at 13742 Poway Road, within the
Automotive/General Commercial zone (AlGC) and the Poway Road Specific Plan area;
and
WHEREAS, the City Council has read and considered the Agenda Report for the
proposed project and has considered other evidence presented at the public hearing;
and
WHEREAS, on April 24, 2007, the City Council held a public hearing on the
abovecreferenced item.
NOW, THEREFORE,.BE.IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1. The proposed project is Categorically Exempt as a Class 1 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15301 of the CEQA Guidelines, in that the project involves the continued operation and
a negligible expansion of an existing use.
Section.2: The findings, in accordance with Section 17 48 070 of the Poway
-, Municipal Code, for MCUP 02-01, a request to legalize four existing seatainers, a
covered auto detailing area,and an existing legal nonconforming auto repair facility in
conjunction with auto sales, and .the establishment of a modular building to be used as a
temporary office at the site of the Poway Chevrolet dealership located at 13742 Poway
Road, within the Automotive/General Commercial zone (A/GC) and the Poway Road
Specific Plan area, are as follows:
A. The proposed temporary modular building, auto service use, seatainer and auto
detailing area are consistent with the title .and purpose of Section 17.48.070 of
the Poway Municipal Code, the purpose of the zone in which the site is located,
the City General Plan, and the development policies and standards of the City in
that auto .service uses and seatainers are permitted in the A/GC zone with the
approval of an MCUP,
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Resolution No P-07 -17
Page 2
B The location, size, design and operating characteristics of the use will be
compatible with and will not adversely affect or be materially detrimental to
adjacent uses, residents, buildings and structures in that the seatainers and the
auto detailing canopy are located within the rear of the property and away from
adjacent residential use to the northwest, and in that the modular office building
will be consistent in color with the dealership and will be placed on a permanent
foundation.
C. The harmony in scale, bulk, coverage and density of the proposed temporary
modular building, auto service use, seatainer and auto detailing area will be
consistent with adjacent uses because the site will continue to be developed with
facilities and buildings that are designed to be compatible with surrounding
structures.
D. The proposed temporary modular building, auto service use, seatainer and auto
detailing area will not affect existing public facilities, services and utilities at the
site
E. The proposed temporary modular building, auto service use, seatainer and auto
detailing area will not have a harmful effect upon desirable neighborhood
characteristics because the seatainers and auto detail canopy are located a
minimum of 180 feet away from residential uses, will be screened from view by
buildings or a chain link fence with wood slats, and restrictions on hours of
operation, noise and light have been designed into the project.
F The proposed temporary modular building, auto service use, seatainer and auto
detailing area will not affect the capacity and physical character of surrounding
streets, and the project is consistent with the circulation element of the General
Plan in that access to the site will be from Poway Road and the capacity of
Poway Road is adequate to handle any traffic generated by the use.
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G The site is suitable for the type and intensity of use, in that temporary modular
building, auto service use, seatainer and auto detailing areas are allowed with an
MCUP in the Automotive/General Commercial zone, and the size and scope of
the facility conforms to development standards.
H. There will not be significant harmful effects upon environmental quality and
natural resources, in that the site has been previously graded and developed,
and contains no native vegetation,
I. There are no other relevant negative impacts of the development that cannot be
mitigated.
J. The proposed temporary modular building, auto service use, seatainer and auto
detailing area will not be detrimental to the public health, safety or welfare, or
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Resolution No P-07-17
Page 3
rnaterially injurious to properties or improvements in the vicinity, nor be contrary
to the adopted General Plan.
K. The proposed temporary modular building, auto service use, seatainer and auto
detailing area will comply with each of the applicable provisions of Title 17 of the
Poway Municipal Code.
Section 3' The findings, in accordance with Section 17 52 of the Poway Municipal
Code, for MDRA 01-95R for the Temporary Modular Office Building are made as
follows:
A. That the modular office building has been sited back from Poway Road, and the
seatainers and auto detailing canopy have been located towards the rear of the
lot away from adjacent residential uses. Therefore, the proposed use respects
the interdependence of land values and aesthetics to the benefit of the City; and
B That the approved project will not have an adverse affect on the aesthetics,
health, safety, or architecturally related impact upon adjoining properties, as the
proposed structures are consistent in color and scale with the surrounding
development. Therefore, the proposed design, size, and scale of the proposed
project is compatible with and will not adversely affect, or be materially
detrimental to, adjacent uses, residents, buildings, structures, or natural
resources, and
C. That the granting of the revision to the Minor Development Review Application
would not be materially detrimental to the public health, safety, or welfare since
improvements are already in place to serve the new structures; and
D The project has been designed to minimize impacts on the surrounding
community by utilizing colors that are consistent with the existing building on the
. --- site. Therefore, the proposed development respects the public concerns for the
aesthetics of development; and
E. That the proposed use will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity, nor
be contrary to the adopted General Plan because it will meet all development
requirements; and
F That the proposed development will comply with each of the applicable
provisions of the Zoning Ordinance and the General Plan.
Section 4 Minor Conditional Use Permit (MCUP) 02-01, and Revision to Minor
Development Review Application (MDRA) 01-095 were submitted by Poway Chevrolet
to legalize four existing seatainers, a covered auto detailing area, and an existing legal
nonconforming auto repair facility in conjunction with auto sales, and the establishment
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Resolution No P-07-17
Page 4
of a modular bl,lilding to be used as a temporary office at the site of the dealership
located at 13742 Poway Road, within the Autornotive/General Commercial zone (NGC)
and the Poway Road Specific Plan area. The approval is based on plans dated on
December 5, 2006, and is subject to the following conditions:
(Planning)
A. Approval of this Minor Conditional Use Permit and Revision to Minor
Development Review Application shall apply only to the subject project and shall
not waive compliance with all other Sections of the Zoning Ordinance and all
other applicable City Ordinances in effect at the time of Building Permit issuance.
S 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; and, (2)
the property owners shalLexecute 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
commercial and residential uses.
D The terms and conditions of Minor Conditional Use Permit 02-01 and Revision to
Minor Development Review Application 01-95 shall be binding upon the
perrnittee and all persons, firms and corporations having an interest in the
property subject to these permits and the heirs, executors, administrators,
successors and assigns of each of them, including municipal corporations, public
agencies and districts.
E. Minor Conditional Use Permit 02-01 shall 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 occurred during
the past year
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F Any changes increasing the intensity of use of the operation beyond what is
being approved shall be considered as a major revision to the Minor Conditional
Use Permit and shall require City Council to approve the request.
G. The temporary office modular building shall be removed from the site no later
than five years after occupancy unless this condition is amended to extend the
five-year approval. The application shall be submitted no later than six months
prior to the five-year removal deadline A $1,000 cash security deposit for the
removal of the temporary office modular shall be posted with the City within 30
days of approval of this MCUP This deposit will be refunded upon the removal
of the temporary office modular building in accordance with this permit.
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Resolution No, P-07 -17
Page 5
H, A Building Permit is required for the modular building and cover for the auto
detailing area. Prior to the issuance of a Building Permit, the applicant shall
comply with the following:
1 The site shall be developed in accordance with,the approved site plans on
file in the Development Services Department and the conditions contained
herein. The applicant shall comply with the latest adopted Uniform
Building Code, National Electric Code, and all other applicable codes and
ordinances in effect at the time of Electrical/Building Permit issuance.
2. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School
District for additional information at (858) 679-2570
3 The locations of any new utility boxes over three feet in height shall be
noted on the plans, and screening shall be provided to the satisfaction of
the Director of Development Services,
(Engineering)
4 If grading for this project is to exceed 50 cubic yards of earthwork, or if a
cut is greater than two feet in vertical depth and creates a cut slope
steeper than 2:1 {two horizontal to one vertical) or if a fill is more than one
foot in vertical depth then the applicant shall apply for a grading permit
and submit a grading plan for review and approval to the City
Development Services Department. If the above conditions do not apply,
then the applicant~shall provide a certification from a State Registered Civil
Engineer or Licensed Architect indicating the above conditions do not
apply and pay a $500 inspection fee to the Engineering Division prior to
building permit issuance.
- 5 A $2,000 erosion control cash security shall be posted with the City
6 The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines.
a. Provide an on-site de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b Cover all flat areas with approved mulch.
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Resolution No. P-07 -17
Page 6
c. Install an earthen or gravel bag berm that retains three inches of
water qver all disturbed areas prior to discharge, effectively creating
a desilting basin from the pad
7. Erosion control shall be installed and maintained by the developer
throughout construction of the project.
8 The site shall be developed in accordance with the approved site plan and
conditions of approval on file in the Development Services Department
and the conditions contained herein.
9. An adequate drainage system capable of handling and disposing all
surface water around the modular unit must be provided to the satisfaction
of the Engineering Inspector.
10 The plans shall demonstrate that the project complies with National
Pollution Discharge Elimination System. All washing or detailing of
vehicles shall take place in a specified area designed to prevent discharge
of pollutants offsite or into the storm drain system. Best Management
Practices shall be installed and maintained in accordance with Section 4.3
of the City of Poway Jurisdictional Urban Runoff Management Program,
and are subject to approval and inspection by the City.
(Building)
11 Provide plans showing that the modular office building is a State-approved
commercial coach.
12. Provide plans showing how the modular office building will be supported
and how it will comply with accessibility requirements in effect at the time
of Building Permit issuance.
, 13 Provide plans for the canopy for the auto detailing area.
(Planning)
14 The site plan shall show and note all required parking. Based on the
proposed building area being 9,956 square feet of the gross floor area of
the sales and parts department and 40 service bays, a minimum of 186
parking spaces shall be provided. The site plan shall clearly identify and
distinguish between customer parking, employee parking and display
area. The minimum dimensions for new required parking stalls shall be
8.5' x 18.5'
15 All roof appurtenances, including air conditions shall be architecturally
integrated, screened from view and sound buffered from adjacent
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Resolution No. P-07 -17
Page 7
properties and street to the satisfaction of the Director of Development
Services.
16 Details on any new exterior lighting shall be included on the building plans,
including fixture type and design. All outdoor lighting shall be shielded or
directed so that no light spillage shall encroach into adjoining residential
properties or ooto Poway Road. The fixtures shall be shielded with well-
defined cut-off limits to confine illumination to on-site areas only
17, From 11 :00 p.m. until dawn, all lighting shall be low-pressure sodium with
the overall wattage kept to a minimum in areas closest to the residential
neighbors. Automatic timers shall be installed to ensure compliance with
the dark sky/low-pressure sodium requirement.
18. Exterior building materials and finishes of the modular office building shall
be consistent in color with the existing building and shall be noted on the
building plans to the satisfaction of the Director of Development Service.
The base support structure of the modular unit shall screened.
19 The building plan shall show a minimum of three planter boxes, each
containing a 24-inch box tree, to be installed on the south side of the new
office building.
I Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1 Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
UBC Standard 15-2, and City of Poway Ordinance No 64 and its
arnended Ordinance No. 526 I
2. The building shall display its numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches
on the front facade of the building. Building address shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriffs Dept. - ASTREA criteria,
3. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with all-weather driving
surface of not less than 20 feet of unobstructed width, with adequate
roadway turning radius capable of supporting the imposed loads of fire
apparatus having a minimum of 13'6" of vertical clearance. This 20-foot
access width is the rninimum required for Fire Department emerqency
access. In most cases, City Engineering standards will be more
restricting. The more restrictive standard shall apply The City Engineer,
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Resolution No P-07-17
Page 8
pursuant to the City of Poway Municipal Code, shall approve the road
surface type.
4 Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
5 A minimum 3A:2BC fire extinguisher is required for every 3,000 square
feet and 75' travel distance,
6 All covering canopies in excess of 400 square feet shall be fire resistive
State Fire Marshal type.
7. Maintain a 3-foot unobstructed clearance around the existing on-site
hydrant located directly east of the proposed building,
J. Prior to occupancy, or as otherwise noted, the following shall be complied with:
1. The property shall be developed in accordance with the approved plans
on file in the Development Services Department and the conditions
contained herein. A final inspection from the appropriate City
DepartmentswiUbe required
(Engineering)
2. Driveways and drainage facilities shall be constructed, completed, and
inspected by the Engineering Inspector. Driveway aprons shall be
constructed in accordance with San Diego County Regional Standard
Drawing G-17, Alley Aprons,
3. The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City
'",- Engineer
(Planning)
4 All parking spaces required for employees, customers, and service shall
be marked as such in the pavement to the satisfaction of the Director of
Development Services. The number of parking spaces designated for
employees shall reflect the number of employees at the largest shift.
S Any new utilities shall be placed underground.
6 Replace damaged or missing slats in the chain .link fence located along
the perimeter of the dealership and extending from the buildings to the
east and west property line to the satisfaction of the Director of
Development Services.
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Resolution No P-07-17
Page 9
7 Planter boxes with trees shall be installed on the south side of the modular
office building,
8 The seatainers shall be painted to match the existing buildings to the
satisfaction of the Director of Development Services.
K. Upon occupancy the applicant shall comply with the following conditions:
1 The use will comply with the City's Vehicle Delivery Ordinance No. 624
On-site loading and unloading of an automobile, car, or pick-up truck, from
a truck with the capacity to transport more than one such vehicle, is not
permitted unless delivery complies with all of the following:
a. No deliveries will occur or impact traffic flow on public streets.
b. No delivery truck will enter residential areas.
c, Delivery hours for vehicles are restricted to between 7:00 a.m. to
6:00 p.m. Monday through Saturday No deliveries are penmitted
on Sundays.
2. Delivery of parts and supplies is not permitted on public streets.
3. Hours of operations are as follows:
a. Monday - Friday: Sales: 9:00 a.m. to 9:00 p.m.
Service and Parts: 7:00 a.m. to 6:00 p.m.
Collision Repair 7:30 a.m. to 5.30 p.m.
b Saturday' Sales: 9:00 a.m. to 9'00 p.m.
'-I Service and Parts: 7:00 a.m. to 4'00 p.m.
~/ Collision Repair 8:00 a.m. to 12:00 noon
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'c. Sunday' Sales: 9:00 a,m. to 8:00 p'rn'
The service, parts, and collision repair areas
will be closed
4 No outdoor paging systems, or telephone bells, car alarms, or similar
devices shall 'be penmitted
5 Employees of the subject use and other business related vehicles,
including customers, shall not park on residential streets.
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Resolution No, P-07 -17
Page 10
6 The service bays shall not be used by employees or any other person
after normal business hours to repair, wash, paint, or otherwise work on
any vehicle, truck, or motorcycle,
7 If cars are to be washed, the washing must be done within the service
bays and the drainage waters directed into the sewer system.
8 To ensure compliance with the traffic, parking and noise mitigation
conditions, the business owner shall provide a summary of the
performance standards noted in this application permit to all managers,
employees, new employees, and business representatives that have the
potential to violate the noted conditions.
g 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.
10. All landscaped areas 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. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety Unnatural or excessive pruning, including topping, is not
permitted.
Section 5. The approval of MCUP 02-01 and MDRA 01-95R shall expire on April 24,
2009. at 5:00 p.m., unless, prior to that time, a Building Permit has been issued and
construction has commenced on the property in reliance on the MCUP approval prior to
its expiration.
Section 7. Pursuant to Government Code Section 66020, the gO-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
- or exactions imposed pursuant to this approval shall begin on April 24, 2007
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 24th day of April 2007
ayor
ATTE~
4~~
L. lane Shea, City Clerk
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Resolution No P-07 -17
Page 11
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty
of perjury, that the foregoing Resolution No P~07-17 was duly adopted by the City
Council at a meeting of said City Council held on the 24th day of April 2007 and that it
was so adopted by the following vote
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE Q2r,~c~
City of Poway
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