Covenant Regarding Real Property 1997-0050013
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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
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-= 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
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(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rescinded:,by City Council aUhe.reguest:ofthe OWNER,.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:
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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
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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
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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
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413
OF SAN DIEGO, STATE
PARCEL MAPS FILED IN
DIEGO COUNTY, SEPTEMBER
OF
THE
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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
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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.
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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.
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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
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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
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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.
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Re'ution No.
Page 6
P-95-85
419
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ATTEST
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Marjorie . Wahlsten, City Clerk
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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~~
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as adopted by the, City' Council of
powa}..: ~~be I1U=
day of)J)... , 192h-.
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MARJORIE K, w AH~TEN, CITY CLERK
"'ok Zl\k4Y.t:-
STATE OF CALIFORNIA )
)SS
COUNTY OF S,A.N DIEGO )
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_,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