Covenant Regarding Real Property 1997-0138231
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RECORDING REQUEST BY:
CITY OF POWAY
WH,EN RECORDED MAIL TO: )
CITY CLERK
CITY OF POWAY
PO BOX,789
POWAY CA 92074-0789
No Transfer Tax Due
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DOC " 1997-0138231
27-MAR-199? OS=52 AM
OFFICIAL RECORDS
SAN DIEGO COUHTY RECORDER'S OFFICE
, GREGORY SMITH; COUHTY RECORDER 28.00
RF: 12.00 FEES:
AF: 15.00
MF: 1.00
1071
(This space for Recorder's Use)
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COVENANT REGARDING REAL PROPERTY
DavidE, & Cathy J. Paap Family'Trust, ("OWNER" hereinafter) is the owner of real property'
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described in ExhiM A which'is attactlecUiereto'und'made a part hereof and which is commonly known as
Assessor's~arce" Number 3.23-262:01 ("PROPERTY" hereinafter). In cbnsideratl<;Jn of the approval of Minor
CondnionaJ Use Penn~ 96-06 by tlhe City of Poway C'CITY" , hereinafter), OWNER hereby agrees to abide by
condnions of the attached resolution (Exhibn B).
This"Covenant shall run w~h'the land and be binding upon and inure to the benetn of the future
owners, 'encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respectiVe parties.
In the event that Min,or Condnional Use Permn 96-06 expires or is, rescinded by Cny Council at the
request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY
, In the event 'oflnlgation to enforce ,the provisions, of thls,Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, Incl'Jdlng reasonable atto;'neys' fees, from the other party,
,Oat"ed: =3 'Il-Q'l
Dated: 3- Lf::.3:J
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Lori Cota, Trustee ofthe'David E. & Cathy J, Paap Family Trust,
OWNER (Notarize)
CITY OF POWAY
By'
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1072
Certificate Of Acknowledgment
State of California 0 .
Counly of . 5ftn .i jjlJ
State of California, per..sonally appeared
On
mea'!^" 11, 1991
71i~?/J/7lJfJ1}'s~
;"'Ill
a Notary Public for the
personally known to me (or:a:ro to me on the bas.iS."of s,uisfac~o evidence) to be the person(s) whosename(s i arc subscribed'to the within instrumenl and
ac~nowledged t ~~ hat he el ey executed the same in his er eir authorized capacity(ies), and ,that by his@heir signaturcls) on"the instrument the
person(s), or t entit). ,:!pon a f of which the rson(s) acted, e ecuted the in~trumcnt.
90fficia
Signature
FORM 00211 (Rev. 6/94)
(Seal)
I@....TAMMYR.MARTINSON f
... ' COMM. #10S0400 n
!:? _, ,NOTARY PUBLIC-CALIFORNIA ill'
w. - SANDIEGOCOUNTY 'C-
r ~. My Commission Expires f
JANUARY 27, 1999
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LEGAL DESCRIPTION
1073
The' land referred to in this R~port is situated in the State of California, County of San
Diego, and is described as follows:
All that portion of Ibt1 (Northwest quarter of the Southwest quarter), Section 18, Township
14 South, Range 1 West, San Bernardino Base and Meridian, in the CilyofPoway, County
of San Diego, State of California, according to official plat thereof, approved February 24,
1876, described as follows:
Beginning at the Northeast corner of said Lot 3, said point being on the center line of
PowayRo~d as shown on Road Survey No. 944 and record of Survey Map No, 1554, said
maps being flied in the office of the ~ecorder of San Diego Ccunty; thence;southerly cilong
the easterly line of said lot 3, a,distance of 30.00 feet to an intersection with the southerly
line of Poway Road the true point of beginning; thence north 89015'30" west. along said
southerly line of Poway Road ,a distance of 115.08, feet; thence south 01024'00" east,
400.00 feet to a point inthesoutherly line of the land described in deed to John H, Rens,
et ux, recorded March 8, 1948 in book 2703, page 373 of official records; thence south
89015'30" east along said southerly line 115,08 feeUo an intersection with a point on the
easterly line of said Lot 3 distant south 01024'00" east, 400 00 feel from the
aforementioned intersection of said easterly line with said southerly line of Poway Road;
thence North 01024'00" west along said easterly'line 400.00 feet to the true point of
beginning,
Excepting from the abqve described property that portion thereof included within a
triangular strip of land ,described as follows:
Beginning at the Northeast corner of said Lot 3; thence south 01024'00" east along the
east line of said lot, 761 39 feet to the northeast corner of land conveyed to R. L. Guest;
thence north 89025'00" west along the north line of said land, 6.73 feet; thence continuing
along said north line south 63052'40" west, 13.97 feet; thence north 00003'00" east,
767.26 feet to the place of begir:ming.
EXHIBIT A
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RESOLUTION NO. P- 97-07
1074
A RESOLUTION OF Tl;iECIJY COUNCIL
OF THE CITY OFPOWAY, CALIFORNiA
APPROVING MINOR CONDITIONAL USEPERMIT 96-06
ASSESSOR'S PARCEL NUMBER'3'23-262-01
WHEREAS, Minor Conditional UsePermit.96-06submilled by Henry Rose, Premier
Recovery SeNices; requests approval to operate ,a vehicle repossession business on the
commercial porlion'ofthe, properly located at 13977 Poway Road within the Automotive
General Commercial and Residential Single Family-2zones; and
WHEREAS, on March 4, 1997, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
,Section 1, Environmental Findings:
The City Council finds thaUhis project will not have a significant adverse impact on
the environment and hereby issues a Negative Declaration.
Section 2: Findinos:
1 The projectis consistent with the general plan in that a vehicle repossession
business is permitted in the Automotive General Commercial zone with the
benefit of a conditionalusf3'permil.
2. That location, site, design, and operating characteristics of the use are
compatible with and will not adversely affect or be materially detrimental to
adjacent uses, residents, buildings, structures, or natural resources, in that
the site has been historically used as a commercial use and the business will
operate so that it will havemiriimal impact on surrounding us'es.
3 That the harmony, scale, bulk, coverage and density is consistent with
adjacent uses, in that the project will not involve additional development arid
the use will occupy a site that has been in recent years has' been a
commercial use
4 That there are avaiiable public'facilities, seNices and Utilities to seNe the
approved use, in that public water, sewer, and streets access are available
to the site.
5. That there will not be a ,harmful effect upon desirable neighborhood
characteristics, in that deMe fast growing evergreen landscaping will be
installed around the periphery of the storage area to screen it from
surrounding uses and the street:
EXHIBIT B
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1075
Resolution No, P-97-07
Page 2
6 Thatlhe generation 9f traffic will not adversely.impactthesurrounding streets
and/or the City's Circulation Element, in that the owner will direct large
,transport trucks to off-site an location to complete loading so that traffic
safety for the area will not be impacted.
7 That the sJte is suitable for the type and intensity of the designated use, in
that it isinan area designated for automotive and general commerciai uses
and business, and will be screened from nearby residential uses.
8. That theie wiil not be significant harmful effects upon environmental quality
and natural resources,in that the site is an existing commercially developed
lot and there are no native plants or animals are located on the property
9 That there are no,other relevant negative impacts of the use that cannot be
mitigated.
Section 3. City Council Decision:
The City Council hereby approves Minor Conditional Use Permit 96-06 subject to
the following conditions:
1 Within 30 days of approval (1) the applicant shall submit in writing that all
conditions of approval have been read and understood; and (2) the property
owner shall execute a Covenant on Real Property
2, The use conditionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and commercial uses.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF'PLANNING SERVICES.
The Planning Services Department shall conduct an annual review of Minor Conditional
Use Permit 96-06 for compliance with the conditions of approval. If the department has
received complaints, or the use is not in. compliance, the review will be forwarded to the
Council, who may add conditions to the permit or amend existing conditions of approval.
SITE DEVELOPMENT
1 Site shall be developed in accordance with the approved,site plans' on file in the
Planning Services Department and the conditions contained herein,
2, All conditions of approval contained herein shall be completed to the satisfaction of
the Director of Planning Services.
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1076
Resolution No. P-97-07
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3. Approval of this request 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,
4 The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Code, and all other applicable codes and ordinances in effeCt at the time of building
permit issuance.
5. Vehicle repair is prohibited on the site.
6 Large transport trucks (built to carry more than two vehicles) shall be directed to
load vehicles from the use at an approved off-site location. Large transport trucks
shall not load vehicles associated with the use on Sudan Road or any streets where
parking is prohibited
7 Commercial related use is prohibited on the residentially zoned portion of the
property (the southerly half of the lot).
8. All vehicles shall be stored or parked on a paved surface.
9 An adequate amount of space shall be maintained in the vehicle storage lot to
allow for easy manuevering of vehicles into and out of the lot. Business related
vehicles shall not be stored'or pflrked on Sudan.
SIGNS
Any signs proposed for this use shall be designed and approved in conformance with the
Sign Ordinance.
LANDSCAPING
1 The required 20 foot front yard setback along the Poway Road frontage shall be
landscaped and irrigated. Fast growing evergreen shrubs shall be installed along
the existing chain link fence on the easterly and southerly boundaries of the vehicle
storage area. The'required landscaping ana irrigation shall be installed before June
3. 1997
2. Complete landscape construction documents (planting and irrigation plans) shall be
submitted to and approved by the Planning Services Department prior to the
installation of any required landscaping and irrigation. The landscape plan check
fee shall be paid at the time of the landscape plans submittal. Plans shall be
prepared in accordance with City of Poway Guide to, Landscape Requirements
(latest edition).
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1077
Resolution No. P- 97-07
Page 4
3 The required lahdscapingand irrigation shall be installed before June 3, 1997
4 Landscaped areas within the adjacent public right"of-way shall be improved and
permanently and fully maintained by the property owner
5 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 shall be restricted to maintain the health of the trees and
to protect the public safety U'lnatura! or exce3si\'e pruning, including topping, is
not permitted
PARKING AND VEHICULAR ACCESS
1 A defined on-site customer/employee parking area shall be provided before May 25,
1997 The applicant shall submit a parking lot plan to the Planliing Services
Department for review and approval prior to the striping of the lot. Standard parking
spaces shall have a minimum dimension of 18.5 feet by 805 feet and accessible
parking space shall be,provided in accordance with the Americans with Disabilities
Act.
2. Directional signage shall be installed to identify the customer/employee parking
area.
COMPLIANCE WITH. THE FOLLOWINn eONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1 The building shall display a, numeric address in a manner visible from the access
street. Minimum size of the building numbers shall be six inches on the frontfacade
of the building, Building address shall alsobe'displayed on the roof in a manner
satisfactory to the Director of Safety Services, and meeting Sheriffs Dept. _
ASTREA criteria.
2. A fire lane shall be provided albng,thebuilding from the front entrance to the rear
of the building,
3 A "Fire Lane - No Parking" sign shall bealtached,to the gate.
4 A 2A 1 OBC fire extinguisher shall be provided within the business.
5. A Knox box shall be installed on the building.
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1078
Resolution No. P- 97 -07
Page 5
COMPLIANCE WITH THE FOLLOWI~G CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PUBLIC SERVICES.
It is recommended that the existing water meter be used for proposed irrigation.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 4th day of March, 1997
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Don Higginson, M;;;!}'
ATTEST
STATE OF CALIFORNIA
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I hereby certih'-,unc/er'fhe,penaltyl
of perjurY",'tha' the abo~e and
for~goin9 is' a tru~ and -correct
copy of Re~olufion'No, f-:. '17:..07
as adopfed':by the _ City_ Coundl of
Poway, Calif"rnia on the IfI:i
day O~,)~a.
MARJORIE K. WAH~STEN,,<:li'Y CLERI(
...~_ k' 1\Ju.tc
COUNTY GF SAN DIEGG
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoiog Resolution, No. P-97'-07 , was duly adopted by the
City Council at a meeting of said City Council held on the 4th day of March
, 1997, and that it was so adopted by the following vote,
AYES.
CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON
NOES
NONE
ABSTAIN:
NONE
ABSENT
NONE
E:\CITYlPLANNING\REPORT\MCUP9606,RES
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. Wahlsten, City Clerk
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