Covenant Regarding Real Property 1997-0484726
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RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No. Transfer Tax Due
459
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DOC" 1997-0484726
SEP 30. 1997 12=53 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 40.00
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(This space far Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Roger A Mohrhaff, Trustee af the Mohrhoff Family Trust ("OWNER" hereinafter) is the awner af real
property described in Exhibit A which is attached hereto and made a part hereof and which is cammanly
knawn as Assessar's Parcel Number 314-710-22 ("PROPERTY" hereinafter), In consideratian af the approval
af Environmental Assessment, Conditianal Use Permit 97-05, Variance 97-07 and Development Review 97-20
by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to. abide by canditians af the attached
resalution (Exhibit B),
This Cavenant shall run with the land and be binding upon and inure to. the benefit af the future
awners, encumbrancers, successors, heirs, persanal representatives, transferees and assigns af the
respective parties,
In the event that Environmental Assessment, Canditional Use Permit 97-05, Variance 97-07 and
Development Review 97-20 expires ar is rescinded by City Cauncil at the request of the OWNER, CITY shall
expunge this Covenant from the recard title of the PROPERTY,
In the event af Iitigatian to. enfarce the provisions of this Covenant, the prevailing party shall be entitled
to full reimbursement af all casts, including reasanabie attarneys' fees, from the other party,
Dated: CL '21- -C\-,
Dated: 9'-/6-97
CITY OF POWAY
By: 73.1. c.. 'tJ1d -d~--t.J1.
460
CALIFORNIA ALL.PURPol ACKNOWLEDGMENT ·
State at &~~
County af (?)AO;;ff/J-~
9- Z7-- '77
Dale
On
persanally appeared
o
Name(s) of Signer(s)
o personally knawn to me - OR ~ta me on the basis af satisfactary evidence to. be the persan(s)
whose name(s) is/are subscribed to. the within instrument
and acknawledged to. me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) an the instrument the person(s),
ar the entity upan behalf of which the persan(s) acted,
executed the instrument.
1 ~p;u~; D7l~D~A~~ (
~ '. . COMM, #1124807
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) . . . My Comm. Expires Jan. 29, 2001 t
v v v v v v v v v v v v
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 ar Type of Oacumenl:
Oacument Date:
Number at Pages:
Signer(s) Other Than Named Abave:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corparate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attarney-in-Fact
o Trustee
o Guardian or Canservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Carporate Officer
Title(s):
o Partner - 0 Lim~ed 0 General
o Attarney-in-Fact
o Trustee
o Guardian ar Canservatar
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
C 1994 NaliOnal Notary Association. 3236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder. Call Toll-Free 1.8QO.876-6827
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LEGAL DESCRIPTION
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Parcel A:
Parcel 8 of Parcel Map No, 15808, in the City of Poway, County of San Diego, State of
California, According to Map on file in the office of the County Recorder of San Diego
County, September 21, 1989,
EXHIBIT A
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462
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RESOLUTION NO. P- 97 -48
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 97-05, VARIANCE 97-07
AND DEVELOPMENT REVIEW 97-20
ASSESSOR'S PARCEL NUMBER 314-710-22
WHEREAS, Conditional Use Permit 97-05, Variance 97-07 and Development
Review 97-20, submitted by Carl's Jr" Applicant for the purpose of constructing a 3,050
square foot, drive through, fast food restaurant on a vacant commercial pad addressed as
14949 Pomerado Road and located within the Twin Peaks Plaza, The applicant is also
requesting a variance to allow the drive through lane to encroach three (3) feet into the
required 20 foot front yard setback, The subject property is zoned Commercial General.
WHEREAS, on September 16,1997, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application,
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council hereby finds that the project will not have a significant adverse
environmental impact and issues a Negative Declaration,
Section 2: Findings:
Conditional Use Permit 97-05
1, The project is consistent with the General Plan which designates this site for
commercial use.
2, That 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, structures, or natural resources, in that
the use will be located within an existing commercial center,
4, That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, because the site will be developed with facilities and buildings
which have been designed to be compatible with surrounding structures.
5, That there are available public facilities, services, and utilities, because the
use will be located within a commercial center where all necessary facilities
are already in place,
6, That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the use will be located within an existing commercial
center.
EXHIBIT B
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463
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Resolution No, P- 97 -48
Page 2
7. That the generation of traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that the use will operate within
an existing commercial center where existing street improvements and off-
street parking are adequate.
8. That the site is suitable for the type and intensity of the use, in that it is a
drive through restaurant that will be locating within an area designated for
commercial use,
9, That there will not be significant harmful effects upon environmental quality
and natural resources, in that the area slated for development has been
previously graded,
10, That there are no other relevant negative impacts of the development that
cannot be mitigated,
Variance 97-07
1, That there are special circumstances applicable to the property, and because
of this, the strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification,
The special circumstances include the fact that ,the property is bisected by
several easements which limit where a building can be sited. The lot is also
unusually shaped and bounded by a curved drive aisle which requires that
the restaurant be located as far west as possible on the lot to insure
adequate site visibility for vehicles exiting the drive through lane,
2. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed by
other property in the same vicinity and land use designation for which the
variance is sought in that it will allow the property to be developed to the
same level as other lots within Twin Peaks Plaza that do not have similar
development constraints,
3, That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welfare, or injurious to the property
or improvements in such vicinity and zone in which the property is located in
that the 3 foot encroachment of a drive through lane will not have a
significant impact on front yard landscaping,
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464
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Resolution No. P-97-48
Page 3
4, That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in the
vicinity and zone in that the variance will allow the property to be
developed to the same level as other lots within Twin Peaks Plaza
that do not have similar development constraints,
5, That the granting of this variance does not allow the use or activity which is
not otherwise expressly authorized by the Poway Municipal Code in that a
drive through restaurant is allowed in the Commercial General zone with the
approval of a conditional use permit.
Develooment Review 97-20
1, The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties, because the building
has been designed to be compatible with the architectural style and exterior
colors of other buildings located within Twin Peaks Plaza,
2. The development encourages the orderly and harmonious appearance of
structure and property within the City through its consistency with the high
standards for commercial development throughout the City.
Section 3: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 97-05, Variance 97-07
and Development Review 97-20 subject to the following conditions:
Conditional Use Permit 97-05
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 Regarding 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 the
surrounding commercial uses,
3. This conditional use permit shall be subject to annual review by the Director
of Planning Services for compliance with the conditions of approval and to
address concerns that may have occurred during the past year. If the permit
is not in compliance with the conditions of approval, or the Planning Services
Department has received complaints, the required annual review shall be set
for a public hearing before the City Council, to consider modification or
revocation of the use permit.
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Resolution No, P- 97 -48
Page 4
Develooment Review 97-20
Site Develooment
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 site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Revised plans and building elevations shall be submitted prior to building
permit issuance showing that the towers roofs have been redesigned to a
pyramidal hip style which is similar to the roofs of other towers within Twin
Peaks Plaza.
4, The exterior colors of the restaurant building shall be similar to the exterior
colors of other buildings within Twin Peaks Plaza.
5, Approval of this request shall not waive compliance with all sections of the
South Poway Development Standards the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of building permit issuance,
6. All roof appurtenances, including air conditioners, shall be architecturally
integrated, screened from view and sound buffered from adjacent properties
and streets as required by the Planning Services Department.
7. 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,
8. Disabled access shall be provided to the office modular.
9. A 42 inch high screen shall be provided along the westerly edge of the drive
through aisle to effectively shield Pomerado Road traffic from drive through
lane vehicle lights, The 42 inch high screen can be in the form of a
decorative masonry wall, an evergreen landscape hedge or a combination
of earth berming and landscaping! and or a wall, The improvement(s) shall
be completed prior to final occupancy.
10, This approval shall become null and void if building permits are not issued
for this project within two years from the date of project approval.
Parkina and Vehicular Access
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466
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Resolution No. P- 97 -48
Page 5
1. All parking lot landscaping shall include a minimum of one 15 gallon size tree
for every three spaces, For parking lot islands, a minimum 12 inch wide walk
adjacent to parking stalls shall be provided and be separated from vehicular
areas by a six inch high, six inch wide portland concrete cement curb,
2, All parking spaces shall be double striped, The parking lot design shall
comply with the Americans with Disabilities Act, Le, 1 :25 ratio for accessible
spaces with one van accessible space,
3. Parking lot lights shall be low pressure sodium and have a maximum height
of 18 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and buildings on adjacent lots,
Landscaoina
1, A detailed landscape and irrigation plan shall be submitted to and approved
by the Planning Services Department prior to the issuance of building
permits,
2, All landscaped areas shall be maintained in a healthy and thriving condition,
free from weeds, trash and debris,
Sians
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED.
COMPLIANCE SHAll BE APPROVED BY THE DEPARTMENT OF SAFETY
SERVICES.
Site Develooment
1, Roof covering shall be fire retardant as per USC Section 3203(e) and City of
Poway Ordinance No, 64
2, The building shall display their numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be 18 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 Sheriff 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
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467
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Resolution No. P- 97 -48
Page 6
radius capable of supporting 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 Poway Municipal
Code,
4. A hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. Plans to be submitted and approved, prior
to installation,
5. A 'Knox' Security Key box shall be required for the building at a location
determined by the City Fire Marshal. A "Knox" padlock shall be required for
the fire sprinkler system Post Indicator Valve,
6. Fire Department access for use of fire fighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until c~:mstruction is completed,
7, Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
8, Minimum 2A:10BC fire extinguisher(s) are required for office areas every
3,000 square feet and 75'of travel distance.
9. The addition of on-site fire hydrants is required, The location of the hydrants
shall be determined by the City Fire Marshal.
10, Prior to delivery of combustible building material on site, water and sewer
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems. In addition, the first lift of asphalt paving
shall be in place to provide adequate, permanent access for emergency
vehicles, The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction of
the City.
11. Trash enclosure shall be at least 5' from overhand of building or shall be
constructed of non-combustible materials including a non-combustible cover.
(Metal dumpster covers shall not satisfy this requirement),
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED,
COMPLIANCE SHALL BE APPROVED BY THE ENGINEERING SERVICES
DEPARTMENT.
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Resolution No. P- 97 -48
Page 7
SITE DEVELOPMENT
1, Permit and plan check fees shall be paid upon submittal of map,
improvement and/or grading plan, as applicable.
Development fees, including but not limited to , domestic and irrigation water
service fees, remaining sewer connection, sewer cleanout, and sewer
inspection fees shall be paid prior to building permit issuance.
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices,
2, A soils report shall be prepared by a qualified engineer licensed by the State
of California to perform such work at first submittal of a grading/private
improvement plan,
3, The grading plan, prepared on a standard sheet of mylar at a scale of 1" =
20' or larger by a registered civil engineer, shall be subject to review and
approval by the Planning and Engineering Services Departments and shall
be completed prior to issuance of a grading permit.
4. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
5, A final compaction report shall be submitted and approved prior to issuance
of building permits,
6. A certification of line and grade, prepared by the project civil engineer, shall
be submitted prior to issuance of building permits,
7, Buildings and parking lots shall be at least five feet from tops and toes of
slopes. unless waived by Planning and/or Engineering Services Departments
prior to grading permit issuance.
8, Non-supervised or non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations and recommendations and grading plans,
9, Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from Oct. 15th to April 15th, An erosion control plan
shall be prepared by the project civil engineer and shall be submitted as part
of the grading plan, The developer shall make provisions to insure the
proper maintenance of all erosion control devices throughout their intended
life.
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Resolution No. P- 97 -48
Page 8
STREETS AND SIDEWALKS
1. All parking lot structural sections shall be submitted to and approved by the
Director of Engineering Services. Pavement sections shall conform to the
minimum required by the Poway Municipal Code Section 12,20.080,
2. Street improvements shall include, but are not limited to :
X Sidewalks
X Driveways
X Wheelchair ramps
X Curb and gutter
X Striping and signs
X Cross gutter
Alley gutter
X Parking lot paving
Alley paving
3, All damaged off-site public works facilities, including parkway trees, shall be
repaired and replaced prior to exoneration of bonds and improvements, to
the satisfaction of the Director of Engineering Services,
4, Prior to any work performed in the public right-of-way or City-held
easements, a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to any permits
required,
5, Driveways shall have a minimum width of 30 feet and shall be designed as
an alley apron with ten foot minimum radius,
DRAINAGE AND FLOOD CONTROL
1, Intersection drains shall be required at locations specified by the Director of
Engineering Services and in accordance with standard engineering
practices,
2, A drainage system capable of handling and disposing all surface water
originating within the project, and all surface waters that may flow onto the
project from adjacent lands, shall be required. Said drainage system shall
include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage and it shall conform to
the previous studies,
3, Concentrated flows across driveways and/or sidewalks shall not be
permitted,
UTILITIES
1. All proposed utilities within the project shall be installed underground,
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Resolution No. P- 97 -48
Page 9
2. Utility easements shall be provided to the specification of the serving utility
companies and the Director of Engineering Services.
3, Water, sewer, and fire protection system~ shall be designed and constructed
to meet the requirements of the City of Poway and the County of San Diego
Department of Health.
4. Existing telephone, gas, electric, water, sewer, and other public utility lines
and appurtenances shall be shown on the grading /improvement plans,
GENERAL REQUIREMENTS AND APPROVALS
1, This approval is based on the existing site conditions represented on the
proposed site plan, If the actual conditions vary from those representations,
the site plan must be changed to reflect the actual conditions. Any
substantial changes to the site plan must be approved by the Director of
Planning Services and the Director of Engineering Services and may require
approval of the City Council.
2. Prior to building permit issuance, appropriate water and sewer fees shall be
paid to the City's Engineering Services Department. Water fees are based
on the meter size and will be determined when the water service size is
established. San Diego County Water Authority fees shall be paid based on
the size of the water service, Sewer fees are based on a fixture count of 62
and are $29,450,00, This is subject to change if the fixture count changes,
A sewer cleanout box fee of $50,00 and sewer inspection fee of $25,00 shall
be paid prior to building permit issuance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 16th day of September 1997.
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Don Higginson, May'lfc1'
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Marjorie K. Wahlsten, City Clerk
I hereby certily, under the penalty
cf periury, that the above and
foregoing is a true and corred
copy of Resolution Not - '1'7.JJI?,
as adopted by the City Council of
Poway, C;a~niL~n the /6hi:
day of ~.- ,19la-.
MARJORJ~ K. w AHLSTEN, CITY CLERK
bY~ ~ ~t..
ATTEST:
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Resolution No. P- 97 -48
Page 10
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Ma~orie K, Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No, P-97 -48 , was duly adopted by the
City Council at a meeting of said City Council held on the 16th day of
September ,1997, and that it was so adopted by the following vote:
AYES:
CAFAGNA, GOLDBY, REXFORD, HIGGINSON
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
EMERY
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1 h, M-~ k:' )'G,L-j...'~L.-
Marjorie K, Wahlsten, City Clerk
City of Poway
E:ICITY\PLANNINGIREPORT\CUP9705,R2