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Covenant Regarding Real Property 1997-0050013 ~. \ .. . ~ 'r:> ",' REGci~i:l!NG RE;QUEST B.Y CITY OF POWAY WHEN RECORQED:MAiL TO: GITY CLERK 'CITY OF POWAY Pc Q,B.05<;7,8,91 prj'WA:y.cA 92074-0789 NoTransferTax Due .' 411 -= U 1997-00500.13 05~FEB-1997 10il~ AM OFFICIAL RECORDS SAN DIEGO COUHTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF: 13.00 FEES: 31. 00 AF: 17.00 MF: 1. 00 ,) .) .) ) .~ lqf ) ) ) (This spaceifor l5ecorder's Use) COVENANT REGARDINGiREAL PROPER'fY POFACO, Inc, COWNER':hereinafter) is the oWner of real property described in Exhibit A which is attached hereto and made a parthere6fiand which is commoiily kii'own as-Assessor's.Parcel'Number317- 490.74'-("PROPERTY'" hereinaftere)In consideration oLthelapproval, of,Con9ition,al Use Permit913' i land Minor Developm.ent Review 96.6Zjby,theiCity of Pflway ("CITY" hereinafter). ,0WNER hereby agrees to abide' by conditions ofth" attached res9lutionJ(Extlibit B) This Covenant shall run with ,the land and be' binding upon and inure to ,the benefit of the fut~re owners"enpumbr!lncers, successors, heirs, personal representatives; transferees and assigns of the respective,parties, In' the evenUhatCon'ditional Use Permit 96-17and:Minor DevelopmeiiLReview'96.67 expires,or'is rescinded:,by City Council aUhe.reguest:ofthe OWNER,. CITY shall expunge this 'Covenantfrom ,the'recqrd 'tit!eofthe PROPERTY, In the event of litigation to enforcethe,provisions,oHhis Covenant. the prevailing party shall be entitled to:full'feihibursement'':ifall costs. inCluOing reilsonableattorrieys' fees. irom the other~arty 'Dated: 1';;)0 -q7 ~ Qated: /':J.- I7-Cf(Q FhFA~'l> v~/~ f( ~ ~ POFACO, Inc"OWN '(Notarize) CITY OF POWAY By' R{.^, tJr-L/~~ CAl..lfO'RNiA"ALL"PURPoIfACKNOWLEDGMENT . 412 State of Date County of On U'\. 18,",BWErn,.,..1 ,p" COMM;'1084413 n u tIlTARY PUBUCCAURlRNlA III CD SAN DIEGO COUNTY- U , My Commission Expires g I JANUARY 24, 2000 I, personally appeared "i Name(s)of Signer(s) o personally known to me - OR -f\ proved to me on the basis o~~'s ctory eVidence to be the person(s) whose name(~~ e subscnbejl')9fge.w)lhln Instrument and aCk~i5d9;o me that ~~e/t'r~ executed the s e In ' ~authonzed capacltY(les), and that by mlr/t Ir gnature(s) on the Instrument the person(s), (;?r';~~ entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and OPTIONAL Though the information below is notorequired ,by law. it mayprove valuable to persons refyingon the document and could prevent frauduient removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date: Number of Pages: Slgner(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, Limited 0 General o Attorhey-In-Fact o Trustee o Guardian or Conservator . D Other" Top of thumb here D Individual D Corporate Officer Title(s), D Partner ~ 0 Limited D General D Attorney,in'Fact D Trustee D Guardian or Conservator q 'Other" Top of thumb here Signer Is Representing: Signer Is Representing: @1994 National'NotarY Association ;'~236 Remr:n.et Ave~'~p::Box 7.184. C~~oga P~rk, CA 91309-7184 Prod. No. 5907 Reorder: Call T~il:Free ,':1:100"876-6827 , , . . ., , LEGAL DESCRIPTION PARCEL 1 ,IN ''THE CITY OF POWAY, COUNTY, CA:LIFORNIA, AS SHOWN AT PAGE 7885' OF OFFICE OF THE COUNTY RECORDE~ OF $AN 1978 EXHI~IT ,A . 413 OF SAN DIEGO, STATE PARCEL MAPS FILED IN DIEGO COUNTY, SEPTEMBER OF THE 28, '. , . . , RESOLUTION NO P-96-85 414 A RESOLUIION OF THE CITY COUNCIL OF THE,CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 96-17 AND MINOR DEVELOPMENT REVIEW 96"67 ASSESSOR'S PARCEL NUMBER 317-490-74 WHEREAS, Conditional Use Permit 96c1Tand MinorDevelapmentRevieW 96"67 was'submitted byMIDAS Muffler, for approval ofthe conversion of a former bank building into a 5,520 square foot auto service facility located at 12672 Poway Road ,in the CB (Community Business) zone, which came before the City Council for public hearing action on December 17, 1996, and WHEREAS, the City Council of the City of Paway has read and considered said' report and has considered other evidence presented atthe public hearing, NOW, THEREFORE, the City Council does hereby'resolve as follows: Section 1. Environmental Findings: A issuaflce of Nega!ive Declaration with Mitigation Measures (indicating .no significant adverse:envi[ol)meotal impacts anticipated due to the addition afspecial requirements to the proji:!ct) is recommended Section 2: Findings: Conditional Use Permit 1 The 8.pproved project is consistent with the General Plan and the Paway Road Specific Plan:ir1;thatan auto service use is permitted to be established with the benefit ofa conditional use permit. 2" Tha,t the approved projectwill not hi3ye adverse aesthetic, health, safety, or arc;hjtt:lctlirally related impacts upon adji)ining properties, in that the uses atlj9il1ing the subject lot are of the similar architecture and this use will be conditioned to be compatible ih terms of physical improvements. 3. That the approved project is in complia.n,ce with the Zoning Ordinance, permits auto related uses in the Community Business district. 4 That the approved project encourages the orderly and harmonious appeqrance of structuresandproper:ty within the City, in that the building will retain the basic lines: and character of the original banI< building and will compliment the adjoining shopping center EXHIBIT B . . 415 Resolution No. P-96-85 Page 2 5 Tharthere are public facilities and utilities available to service the project. 6 1;hc:it tHere will not be significant harmful effects upon environmental quality and natural resources in that tHeprqperty is and lias been fully developed as an .iJ'rpari land use for more than ten years. Noise geneI~1e(f by the business will be mitigated by the distance to the nearest receptors. Minor Development Review 1 The approved project is consistent With the General Plan and the Poway Road Specific Plan as illustrated in #1 Conditional Use Permit findings. 2. That the proposed project will not have an adverse aesthetic, health, safety, or architecturallY related impact upon adjoining properties in that the surrounding, uses are commercial, and the project has been designed'to be integrated both physically and visually with nearby land uses, 3 That the proposed project encourages the orderly and harmonious appearance of structures and property'within.the City in that the scale and design of the building will be similar to other buildings within the center, and those within this:sector of the Poway Road corridor Section 3. Citv CouncilDecision: The, City~Council,hereby'appraveseOP '96-107 and MDRA 96-67 subject to the following conditions. Within 30 days of approval (1 ) the applicant shall sy5mitin writing that aU conditions of .approval have been read and understood, and (2) the property awnefshc:ill execute a Covenant'on Reoal Property Conditions that are also mitigation measures are:rnarkedwith an asterisk (* ).. COMPLlANCE'WITHTHE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANcE SHALL BE.APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. 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 Revised siteOplans and building elevations incorporating all conditions of approval shall be submitted,ta the Planning Services Department prior to issuance of building permits. . . Resolution No P-96-85 Page 3 416 3 Approval of this request shall not waive carnpliance'with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 4 Trash receptacle shall be enclosed by a six"faot~high masonry wall With liieW" obstructing gates pursuant to City,siandards. Location shall be subject to ap'proval by'the Planning Services Department. 5 All roof appurtenances,.includingair conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. 6 Prior to any use of the projectsite or business activity being commenced thereof, all conditions of apprbvalcbhtained herein shall be completed to the satisfaction of the Director of Planning Services. 7 The applicant shall comply with the latest adopt~d .l;Jnifarm Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Na!jal1al Electric Code, Uniform Fire Code, and all other applicable codes and ardiri~hce~ in effect at the time of building permit issuance. School fees are due at building' permit issuance. 8 * Handling and dispasalof'auto related materials and chemicals shall comply with required federal, state'and county health and safety standards, 9 This approval shall become null'andvoid if building permits are not issued for this project within two years from the date of project approval PARKING AND VEHICULAR ACCESS 1. For any new parking 10Uslands, a minimum 12,inch wide walk adjacenrto parking stalls shall be provided and be sepafated:'frpm vehicular areas by a six inch high, six~in-ch wide portland c6ncrete,cement,clJrb 2. New parking lot lights shall be lowpressure,sod!umand have a maximum height of 18 feet from the finished grade of the pa,rl<ing surface and be directed away from all property lines, adjacent st.reets and residences. 3 All twa,way traffic aisles'shall be a minimum,of 25feetWide; A minimum of 24 feet wide emergency access shal\'bepravided, maintained free and clear aMII times during construction in accordance with Safety Services Department requirements. 4 All parking spaces shall be double stripetl. . . 1J~ Resolution No P-96-85 Page 4 . LANDSCAPE IMPROVEMEN-rS 1 Complete I.andsc~pe,construction documents 'shall be submitted to and approved by the Pla~nirig Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements (latest edition). 2. f;xistihg landscaping shall be retained as shown on the conceptual,landsc;ape plan. Landscaped areas'\vith!nthc adjacentpublicrig.lt-of-way shall be permanently and fully maintained by the owner 3 All landscaped areas shall be maintained in a healthy aDd thriving condition, free from weeds, trash, and,debris. The trees shali be encaU:raged 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 4, Any mature trees'which are removed in the process of new construction shall be replaced on a one-far"one basis, at a minimum 24"box size. SIGNS Any signs proposed for this development shall be 'designed and approved in conformance with the Cify of Poway Sign Ordinance GENERAL.. REbOIREMENtS * Hours of operation shall be between the hours of 7'00 a:m, and 6:00 p m. COMPLIANCE WITH THE F~LLOWINGCONDITIONSJS REQUIRED. COMp'L1ANCE SHALL BE APPROVED BYTHE DEPARTMENT OF ENGINEERING SERVICES. The ~xisting driveway'offof Poway ROCjd shall be widened as much as passibie, and to an alley way driveway entrance. COMPLIANCE'WITH THE FOLLOWING CONDI:ri6NS 18 REQUIRED. COMPLIANCE SHALL ~E,APPROVED BY THE'DEPARTMENTOFSAF'ETY SERVICES. 1 Roof covering shall be fire relardantas perUSC Section 3203(e) and City of Paway Ordinance No 64 2, The builtling shall displax their 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 buildi~g. Building address shClII also be displayed on the roofin a manner satisfactory to the Direciar of Safety Services, and meeting Sheriffs Department . . Resolution No. P-96-85 Page 5 418 ASTREA criteria. ~. 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 JOadway turning radius capable afsupparting the imposed loads of fire apparatus having a minimum of 13:6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Paway Municipal Code. 4 The building will be required to install an approved fire sprinkler system meeting P.M.C requirements. The entire system is to be monitored by a central monitoring company System post indicator valves with tamper switches, also monitored, are to be located by the City Fire,Marshal prior to installation 5 An automatic fire alarm system shall be installed to approved standards by a properly licensed contractor System shall be completely monitored by a UL listed central station alarm company or proprietary remote station 6. A 'Knox' Security Key Box shall be required forthe building at a location determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire sprinkler system Post Indicator Valve, 7 Fire Departmentaccess'for useaffire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is caITlpleted 8 Permanent access roadwaysf6r fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 9 Minimum 4A60BC fire extinguisher required for eyery 3,000 square feet and 75' travel distance. 10 Material ,Safety Gata Sheets shall be required for all hazardous and/or toxic substances':used in each building. 11 An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed .with'the County of San Diego Department of Health and copies provided to the Fire Department. 12, N F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughoutthe building. 13 The addition of an on-site fire hydrant may be required The location of the hydrant shall be determined by the City Fire Marshal. . Re'ution No. Page 6 P-95-85 419 . ATTEST ~ K /Vu.-u.Cv Marjorie . Wahlsten, City Clerk \ I hereby eerlify, un~er the ,penalty f .. I ~h'-' \ o perJury.. 111at I e'~ above and foreg6in"9/' is a tru~_ :and correct copy'of Raso'olion No'P-9~~ . ' , as adopted by the, City' Council of powa}..: ~~be I1U= day of)J)... , 192h-. ..... ...,.... MARJORIE K, w AH~TEN, CITY CLERK "'ok Zl\k4Y.t:- STATE OF CALIFORNIA ) )SS COUNTY OF S,A.N DIEGO ) ~- --~- ----- ~ ~ -...--' _,Ii Marjorie K.~Wahlsten, City Clerk,af the City of Poway, do hereby certify, under the penalty of perjury, that theforegoing,Resalution, No. P-95-85 ,was duly adopted by the City Council at a meeting of said City Council held on the 17th day of December , 1996, and .thatit was so adopted by the following vote AYES' CAFAGNA, EMERY, HIGGINSON NOES GOLDBY, REXFORD ABSTAIN' NONE ABS6NT NONE I< PJ->;t.. . Wahlsten, City Clerk way E,\CITY\PLANNINGIREPORTlCUP9617,RES