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Covenant Regarding Real Property 1997-0484726 . . . 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 · j """ "'" "" ""II "l[mU~ 11111 "III ""1"" "II 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 if l I..J () ) I ) ) ) ) ) (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that Environmental Assessment, Canditional Use Permit 97-05, Variance 97-07 and Development Review 97-20 expires ar is rescinded by City Cauncil at the request of the OWNER, CITY shall expunge this Covenant from the recard title of the PROPERTY, In the event af Iitigatian to.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 r; .... NOTARY PUBLIC-CALIFORNIA ~ en ~-,. ORANGE COUNTY ~ ) . . . 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 , . , , . \ 461 - LEGAL DESCRIPTION . 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 . 462 . 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 . 463 . 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, . 464 . 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. . 465 . 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 . 466 . 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 . 467 . 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. , , . . 468 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. . 469 . 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, . 470 . 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. ~~~~ Don Higginson, May'lfc1' --.". '1l,)l1,,^1 J'~'\M..i v(""""''''-- 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: '" . . . ' .. . ) 471 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 '- 1 h, M-~ k:' )'G,L-j...'~L.- Marjorie K, Wahlsten, City Clerk City of Poway E:ICITY\PLANNINGIREPORT\CUP9705,R2