Covenant Regarding Real Property 1999-0687253!, -,
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RECORDING,REQUEST'BY:
CITYOF'PO""AY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OFPOWAY
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P 0 BOX:.789
POWAYCA.92074,0789
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No Transfer Tax.Due
(This space for Recorder's;Use)
DOC t 1999-0687253
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OCT 12 . 1.:999 8': 34
OFFICIAL RECOOS
SAN,DIEGO'COUNTV RECORDER:S:OFFICE
GREGORY J: ' SMITH, 'COUNTY RECORDER
FEES: 31.00
AM
COVENANT REGARDING REAL PROPERTY
Wal-Mart Real EstatE:!' Business Trust, A Delaware Busine.ss Trust, C'OWflJE'R!'
hereinafter) is the owner of:reai:property described in!~xt:1ibitAwhi~h is attached hef,eto
and made a part hereof andwhichiscornmonly known as As~essor's'parcell\Ju[liber317,
130,66 ("PROPERTY" hereinafter). In consideration of the approval"of ConClitionglLlse
Pe~mit 9040M by the City of Po way ("CITY" hereinafter), OWNER hereby agrees tb,apide
by conditions oftheattached resolution (Exhibit B)"
This Covenant shall run with the land and be,binding upon"and inure:to the benefit
of thefuJur'e owners, encumbrancers, successors, hefrs, personal representatives,
tr.ansferees,and assigns oftherespective parties.
In,the evehtt.hatConditionai Use Permit 90,10M expires or,is rescinded by'City
CounCil atthe r.eqUest'ofthe OWN'ER, CITY shaliexpungethisCovenantfrom the record
title of the PROPERTY
In the everit oflitigation to enforce the provisions oqhis, Covenant. the prevailing
party shall be entitled to full Jeimbursementof all costs, incllidirig reasonable attorneys'
fees, from.theother party
'Dated:
q-.6f)- qq
Dated:
1 /7/7 ~
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N;\PLANNING\99REPOR1\CUP901QM.COV
WAL-MARTREAL EstATE BUSINESS TRUST
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~'Anthon , L. Fuller, Vice President
(Notarize)
CITY'OF POVVAY
By: 'd';-,
Niall FritZ, Direi;t6Y of 0 vlopmentServices
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ciAlUORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of
WJ..~4 CLA
County of
'En - ~
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On
10. tfJf, 97
Dale
before me,
Name"a"rid Tille Officer le.g., Jane Doe, Notary Public")
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Name(s)of 8igner(s)
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~ersonally known to me - OR - 0 proved to meon the basis of satisfactory evidence to be the person(s)
whosename(s).is/are subscribed to the within instrument
and acknowledged to me ihat he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s)on the instrument the person(s),
or the entity upon ,behalf of which the person(s) acted,
executed the instrument.
personally appeared
WITNESS my hand'and official seaL
(' fir; ,-Q,,<>-tfi. xL ' ^ fCJ,_~
. Signature of Notary Public ~
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OPTIONAL
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Though the information below is'not.required'by law, it may provevaluable.top~rsons;relyir:g'on the document and could pr~vent
fraw:;Julenf ierrypyaland reattachment of this form to-another document.
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Description of Attached Document
l'#.'{ G9MM\S$rON
84',\<..E.S ;O/I/:J.UOi.f
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limiied 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other'
.
Topol thumb here
o Individual
o Corporate Officer
Title(s):
o Partner - GLimited 0 General
o e-ttorney,in,Fact
o Trustee
o Guardian or Conservator
o Other'
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Top of, thumb here
Signer Is Representing:
Signer Is Representing:
@1994 National Notary Association' 8236 RemmetAve.. P.O. 80,(7184' Canoga Park. CA 91309-7184
Prod. No. 5907"
Reorder: Call Toll Free ,1-800-676-6827
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EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED to HEREIN IS SITUATED IN THE STATE OF CALlFOBNIA,
COUNTY OF SAN DIEGO,AND IS DESCRIBED ASFGLL0WS
PARCEL 1 OF PARCE.L MAp No 16871 IN THE CiTYOFPOWAY,eOUNTY OF SAN
DIEGO; STATE OFeALIFO~_NIA,FfLED IN THEOF-FICEi,GFTRE COLn....JTYRECORDE-R
OF SAN DIEGO COUNTY ON JUNE 10, 1992 OF OFFIGlA~ RECORDS
APN:3t7-130-66
N:\PLA~.NIN~\99REPORnCUP9010M.LEG
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RESOLUTION'NO.P_99-ii4
A RESOLUTION OFTHECITY CPUNCIL
OF THE CITY OF POWAY;CALlFORNIA
APPROVING A MODIFICATION TO
CONDITIONAL USE PERIViIT90"10M .
ASSESSOR~S PARCEL NUM"SER 317-130-66
WHEREAS, Conditional Use Permit 90-10M, submitted by WalMart requests
approval to modify the conditional use permit to allow: '1) the expansion of the existing
Garden Center an addi~iofiai 4,800 sq. ft.; 2) temporary use of seatainer storage units at
the rear of the building; 3) ih(!rease number' pf day~fdroufdoor display and sales for
sidewalk site sales and within the SDecial Events ,Area to 20 days within. a 60-dayperiod;
4) v~terjnary services providing vaccinations and treatment of minorskin irritations for small
d" ....arlimalsviithin the Garden"Center; and 5)aCli:fitiree~la.ndscape:islands for three ' cart racks.
The property is located at 13425 Community Road within the Commercial General zone;
and
. 'WHER'EAS~ or,'-August 17. 1999, the CitY Council held a duly advertised pUblic
hearing to obtain testimony b'?thpro an~ c-,,~.?n ~e,aboVe j~scribed item.
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-, -WHEREAS, pursuant to Govemment Code Section 66020(d)(t), NOTICE IS
FURTHER,GIVfNthatCthe96:'d,~y-peno'tfto protestthe'impositibn of any .fe. e, dedication,
reservation\or other C exaction 'dese;ribed 'in'thliniisolutlcin'begins,on the, effective date of
this resolution and anysuch'protestmust be in. a mannertnatcomplies with Section 66020.
NOW, THEREFORE, the City Council does.hereby resolve as follows:
Section 1. Etwironmental Findings:
The City Council finds thaUhe proposal is Categorically Exempt, Class 1, from the
Califomia EnvironmentaLQuality Act in thCittl'Je use proposes theexpansiori of an
existing building notresulting in:ah increasEl'ohndrethan 10,000 sq..ft, A Negative
Declaration with mitigation measures was issued for CUP.90"1 0 on November 13,
1990.
SeCtion 2: Findinas:
1. The pr6je~lscPl1sistentwith the poway Road,Specific Plan and the Poway
General Plan in that the temporary or periodic shot clinic veterinary use.
garden center expansion, seatainers, and outdoor display and sales are
permitted within the Commercial General (GC) zone with the approval of a
conditional use permit.
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Resolution No. p" 99-64
Page 2
2. Thatthe locatiqn; size and desigtjand Operating characteristics of the lJse
will be compatible with and Will hot adversely affect or be materially
detrimental to adjacent uses, buildings, structures"or naturaLresources, in
thatthe use will locate within and is an expansion of an existing commercial
building.
3. That the scale, QlIll<, coverage,and density is consistent with adjacent uses
in that the use will be located within an existing building and the proposed
Garden Center expansion is a minor addition to an existing building.
4. That there are 'available pUblic facilities,. services and utilities to serve the
Garden Center,expansion in that the site, is completely developed and is
served,b}"ex1!lting public facilities and .utilities~
5. That 'there will not be a hannful effect upon desirable neigliborhood
characteristics in.thattihe use will be Jocated within an existing building and
atemporaiy usepennit will be required for any special event. .....: -
6. That thege.neration.of traffic wHl not adverSe.ly.;tlTlpact the surrounding streets
and/ortihe!City's,:Circulation Element in tticitthe traffic volumesgenerate.d by
the use can be:readily handled by the existing roadways withoUt impaCting
the existing level of service. - -
7. That the site is suitable for the type and intensity of use and,development
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proposed in that t!1esite is in an area designated for commercial use and
WalMarthas exceSS parking available to accommodate the "Spedal Events
Area."
8. That there will not be significant hannful .effects upon the environmental
quality 'and ,natural resources in that the use will be contained within an
existing building on a fully developed site.
9. Thatthere are rto,other relevant impacts of the proposed use that cannot be
mitigated.
S,eCtion 3: CitvCouhcil Decision:
The City Council, hereby approves ConditionarWse Pennit 90-1 OM subject to the following
conditions:
1. Within 30 days of approval, (a) the appJicant shall submit in writing that all
conditions of approval have been read and understood, (b) the property owner shall
execute a,Covenant on Real Property.
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-ResoliJtion No, p_99-'64
Page'3
2. The LJs~qon(jitionaliy granted by this permit' shall not be conducted in such a
manner as to interfere with the reasollabie use and enjoyment of sunrounding
residential and commercial uses.
3. This conditional .use permit shall be subject.'to annual review by the [Director of
Development Services for compliance with the. conditions .of approval and to
address:concems'that may have occurred during'the past year. If the. permit is not
in compliance wit~ th~ conditions of approval, or the Development Services
bepartmenthas~ceivf!d;complaillts, the ~qlJlr~d annual'reviewshail be set for a
public hearing before the City Council to consider modification of the Lise permit
COMPLIANCE WITH. THEF0LLOWING C0NDltlONS IS REQUIRED, COMPLIANCE
SHAl~ ,:BE~'APPR(jVED" BY -THE DEVELOPMENT SERVICES DEPARTMENT,
PLANNING DIVISI0N.
SITEDEVEL0PMENT
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1.
Site shall be,developed in accordance with the'approved site plans on file in the
Development Services Department and the, conditions contained herein.
2.
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ReVised, site planS'ahd building elevations. incorPorating all conditions of approval
shallbe:submittedbthe Development-Services Department prior to issuance of
building permits.
3.
The sidewalk frontag~ area, from the south edge of the existing Garden Center,
southerly alJpro~ifT1~tely 130 feet shall be striped as "No Merchandise Area"; and
kept clear at all times ,for pedestrians and persons with physical disabilities.
4
The existing areaJorthetemporary usage"ofseatainer storage units shalLrequire
construction of a permanent building. The seatainer usage may be allowed to
continue for a maximum of two years; within this two year period, the permanent
building'shall be constructed. No temporary usage of seatainer units will be allowed
after two years if a permanent building has not been constructed. Existing
seatainers shall be screened from residents'to'the east; perhaps with a gray tone
screening to match fheexistihg building. The:screening shall be to the satisfaction
and approval of the Direclorof Development Services.
5.
Landscaping renovation and grounds maintenance shall be completed in
accord~nce with the conditions of,CUP90~10 and inspected by the City landscape
architect to the satisfaction ofthe Director of Development Services prior to building
permit approval.
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, Resolution No, P- 99-64
Page 4
6, Al;lpiPv^al()Jthls~qlJest shall not waive,:compliancewithall sections of the Zoning
'Ordinance ana all6therapplicable Cny:Ordinances in effect at thee time of building
permit .issuance.
7. Prior to 'any use of the project site or business:activity being commenced thereof,
all conditions of,approval contained herein/shall be completed to the satisfaction of
the Director of DeVelopment Services.
8. The applicantishafl obtairithe required BUILDING'DIVISION approvals and permits.
9. The ,applicant shall, comply with the latestadopted Uniform Building todEi. Uniform
Mechanical Code, Uniform Plumbing Code"National Electric Code, Uniform Fire
Code, al)cl all other applicable codes and ordinances in effect at the time of building
permit issuance.
10. Outdoor display and sales for sidewalk site sales ,and within the, .Soecial Events
Area" shall'be:as,permitted by the City zoning ordinance and are pr'esli!n~y limited
to 5 days within,a 6O-day period subject to.a temporary use permit by the Director
of Development Services.
11. The base of the barren sloj:learea alongthe's6uth~r1y triangular portion of the site,
contiguous to the Town and Country shopping center to the satisfaction of the
Director of Development Services Department: .^
12. The maximum occupancy of the building shall not exceed standards established in
the Uniform Bu'i1ding <::ode.
SIGNS
13. Any signs proposed for this development shall be designed and approved ,in
conformance with the Sign Ordinance.
COPJIPLIAN,CE \I\!ITH THE FOLLOWING CONDmONS IS REQUIRED. COMPLIANCE
SHALL ~E _ ~PPROVED BY THE DEVELOPMENT SERVICES DEPARTMENT,
ENGINEERING DIVISION.
14. A $500 inspectibnfee shall be paid by th,e apJ:llicant prior to building permit
issuance, Such fee is to be used to pay fOr the <::ity Inspector's time in making the
necessary 'ihspections of the project site required prior to issuance of building
permit. and/or certiflcate of occupancy.,
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.R.esollltion No. pc 99-64
Page 5
15. The following'estimated fees shall be paid prior-to the issuance of building permits:
Sewer Connection
Traffic Mitigation
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$ 5;654;00*
$12,672;00*
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*Basedonthe proposed 4;800 sq. ft. addition.
COMPLIANCE WITH THE FoLL9WING CONDITIONS.iS REQUIRED. COMPLIANCE
SHALL BE APPROVED~BYTHEDEPARTMENT OF SAFETY SERVICES.
16. Provide appropriate;exitingwith approved hardware on both the east andwestside
of Garden Center expansion.
17. Maintain atl~asf 1 0 feet separation from seatainers to main building, Maintain at
I~ast 20 feet el1'1erge!lCy access to tire control valvesilocated on the west side oUtle
building. Location 6fseatainers shall not oestruct emergency access around
building.
18. Exterior tire exits'shalLnot be blocked by merchandise or shopping carts.
19. No shopping carts shall be permitted in tire lanes.
APPROVED andAIDQPTED by the City Council of the City of Poway, State of
Califomia, this 17th day of August 1999.
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ATTEST:
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Lori l6.nne Peoples, City Clerk
I here!Jy,certity under the penalty of
perjury, that the above ond
foregoing, is.a true and correct copy
of Resolution No. f- r'1-tf,LJ
as odopted by the City Council of
poway Coliforniaon tI1e /1b/..
doy ot(h "i'~ . 19!1$.....
LORI ANNE PEOPLES, CITY CLERK
by:jbOA!lJ Dll111J100Q..
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.. {esolution No. p:. 99.~64
. Page 6
STATE OF CALIFORNIA )
) 55.
COUNTYOFSAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City ofPbway, .do hereby certify, under ttle
penalty of perjury, thaHh!'l foregoing Resolution, No. p:. 99-'64 . was duly adopted by
the City Council at a m~!lting ofsaid City Council held on the 17th day of August, 1999.
and that it was so adopted, by the following vote:
AYES: EMERY. GOLDBY. REXFORD. CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSEN,.: HIGGINSON
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Lori nne Peoples. City C rk
City of Poway
N:IPLANNING199REPORnCI.lP9010M.RES