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Covenant Regarding Real Property 1997-0274748 ", . . 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 ) ) ) ) ) ) !1~ l" ,~ ) 1~~~_t~~~-O~l~l~8AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF: 16.00 FEES: AF: 23.00 MF: 1. 00 909 ~O. 00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY JAE, LLC ("OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 317-810-23 C'PROPERTY" hereinafter). In consideration of the approval of Environmental Assessment ad Conditional Use Permn 97 -03/Development Review 97-12 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that Environmental Assessment and Conditional Use Permn 97 -03/Development Review 97-12 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, inCluding reasonable attorneys' fees, from the other party. Dated: G /9/97 Dated: 5 -~o- Cfr; ~,LJ. ~ /)?erm.8iY!'L JAE, LLC, OWNER (Notarize) CITY OF POWAY By: ~ ?:J~H - cfJu.-e.o ~ '1J~~ " '.CALiFORNIA ALL.PURPOS~CKNOWLEDGMENT . 910 No. 5907 State of rh-//:..h/JA)/~ County of SM 3;.R 'J 0 On :.J1..f 11/(, 9} / CJ 97 before me, iol'r-AN)lJe tV. mAP/if/' , DATE L-/J/ft """"'. J,,;- A_ /J ("I:A;E.~ITLE OF OFFICEA. E.G., "JANE DOE. NOTARY P personally appeared C"tc v J/ ^"i) ('..J L'.fI...e; NAME(S) OF SIGNEA(S) [B'personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person~ whose name.J.8) is/~ subscribed to the within instrument and ac- knowledged to me that he/~e/Y1ey executed the same in his/hflr/ti1'eir authorized capacity(i~), and that by his/h~/t~ir signature~ on the instrument the person(&), or the entity upon behalf of which the person(%) acted, executed the instrument. (2{, I,~ @ LOIEANNE W. MARSULA' COMM. #1062188 :II' " ...orARY PUBLICa CALlfOAlfIA i - SA. DrfQO COUNTY ~ . MY COMMISSION EXPIRES JULY 31, 1999 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reatlachment of this form, CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT t:w/./AAJf t1~P? tAl ~~ TITLE OR TYPE OF DOCUMENT T1TLE(S) [0" PARTNER(S) D LIMITED D GENERAL / D ATTORNEY.IN.FACT D TRUSTEE(S) D GUAROIAN/CONSERVATOR D OTHER: NUMBER OF PAGES ~/1/97 , DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENT1TY(IES) 0'A E', I.LC!- . SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAve.. P.O. Box 7184. Canoga Park, CA 91309.7184 . . 911 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: Lot 50 of City of Poway Tract 87-13 unit 1, in the City of Poway County of San Diego, State of California, according to map thereof No. 12556, filed in the office of the County recorder of San Diego County, February 8,1990 Exhibit A . . 912 RESOLUTION NO. P- 97 -28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 97-03 AND DEVELOPMENT REVIEW 97-12 WHEREAS, Conditional Use Permit 97-03 and Development Review 97-12 submitted by SKS Poway Card Lock, Applicant, requests to establish a commercial fuel distribution business selling gasoline and diesel with stand alone units that operate on an unattended basis (24 hours per day, 7 days per week) on a 1.2 acre site, N.E. corner of Danielson St./Blaisdell Place within the Light Industrial land use designation of the South Poway Specific Plan, NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental FindinQs: The City Council finds that the previously certified Final EIR and Final Subsequent EIR for the South Poway Specific Plan adequately addresses the potential environmental impacts of the proposed project. Section 2: Findings: Conditional Use Permit 97-03 1. The project is consistent with the General Plan and the South Poway Specific Plan which designates this site for industrial use. 2. That the location, size, design, and operating characteristics of the use are in accord with the title and purpose of this resolution, the purpose of the land use designation in which the site is located, the Poway General Plan and the South Poway Specific Plan; in that the City Council has interpreted that the subject property is appropriate for the proposed use with a conditional use permit. 3. 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 on an industrial site which is not near any residential or semi-public uses. 4. That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses, because the site will be developed with a small building, split- face block wall, landscaping and other site improvements which have been designed to be compatible with surrounding land uses (existing and proposed). Exhi bit B . . Resolution No. P-97-28 Page 2 913 5. That there are available public facilities, services, and utilities, because the use will be located in a development 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 in an existing planned industrial area. 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 out of a business park where existing street improvements and temporary off-street parking are adequate and the presence of the business will have a positive effect in reducing vehicular traffic out of the business park for fueling purposes, 8. That the site is suitable for the type and intensity of the use, in that it is an area designated for light industrial 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, in that split-face block walls and additional landscaping will be installed to help enhance the site and facilities, Development Review 97-12 1. The development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, because the small building is designed in accordance with the area-wide development plan and because the project will incorporate adequate landscaping and parking, 2. The development is in compliance with the South Poway Development Standards and the South Poway Planned Community Development Plan. 3. The development encourages the orderly and harmonious appearance of structure and property within the City through its consistency with the South Poway Planned Community which provides high standards for development throughout the 2500 acre planned community. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 97-03/DR 97-12 subject to the following conditions: . . 914 Resolution No. P-97-28 Page 3 The following improvements shall be constructed to the satisfaction of the Director of Planning Services: 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 the surrounding industrial and open space 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. 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 site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. The small building is to be natural slumpstone or split-face block (rather than be painted white). A 25 foot landscaped setback shall be observed on the Danielson Street and Blaisdell Place street frontages. 3. 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. 4. Submit a permanent hazardous materials waste recovery plan satisfactory to the Directors of Planning, Engineering and Safety Services within 30 days of City Council action on this conditional use permit. 5. Install an eight foot high screening wall of natural slumpstone, split-face block to match the building or other comparable material along the northwest and northeast sides of the site observing the building and landscape setbacks. 6. The main entrance to the facility shall be from Danielson Street with Blaisdell Place for exits only. 7. No mechanical work will be done for customer vehicles on the site. Maintenance and servicing of the company service trucks is allowed only as necessary. . 10lution No. p- 97-28 Page 4 915 8. Concrete shall be used around the fuel pumps and for the vehicle fueling areas. 9. Parking lot lights shall be low pressure sodium or equivalent and have a maximum height of 25 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and businesses. 10. A sign permit shall be obtained for all signs, A 40 square foot wall sign is allowed on the 208 square foot building. The slumpstone block for the monument sign shall be left natural in color, 11, One standard size and one van accessible parking space shall be provided near the building. Both parking spaces shall be double striped. 12. No on-street parking within the business park is allowed nor daytime or overnight parking of vehicles on the site. A pickup truck for the service technician is the only on-site parking to be provided. 13. Security and accent lighting shall comply with the standards set forth in the South Poway Development Standards, e.g. low pressure sodium fixtures and shielded fixtures with well defined cut-off limits. 14. All roof or ground-mounted 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. 15. Design, construction and location of the trash enclosure shall satisfy the requirement of the Planning Services Department and shall be large enough to accommodate recyclable materials. Trash enclosure walls may be designed to match the split-face block building. The enclosure shall have solid gates, 16. 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. The best available technology shall be used with shut-off valves, breakaway nozzles and other features as for recently built SKS facilities within the county. 17. The applicant shall pay all applicable fees, including school fees at the time of building permit issuance. 18. This use is for wholesale fuel sales only. 19. All customers shall be trained in using the "Safety Requirements and Fueling Guidelines' brochure provided for review. 20. 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. !olution No. P- 97 _28916 Page 5 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE ENGINEERING SERVICES DEPARTMENT. . 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 grading plan for the development of the property, prepared on a standard sheet of mylar and drawn at a scale of 1" = 20', shall be submitted to the City's Engineering Services Department for review and approval prior to issuance of a grading permit and start of grading operation, Rough grading of the site must be completed and shall meet the City's Engineering Services inspector's approval prior to issuance of a building permit. 3. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Copies of the report shall be submitted with the grading plan. 4. All new slope shall be a maximum 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. 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. 8. Paving of the parking lot shall conform to the standards as set forth in Section 12.20.080 of the City Code. All driveway aprons shall be with alley-type returns. UTILITIES 1. Should there be a need for new fire hydranUs, a water system analysis shall be prepared to establish the proper size and location of the public water system. Applicant shall pay to the City the cost of preparing the analysis prior to submittal of improvement plans. 2. Existing telephone, gas, electric, water, sewer, and other public utility lines and appurtenances shall be shown on the grading plans. . .. 917 Resolution No, P-97-28 Page 6 3. All on-site private sewer mains shall be constructed to public sewer standards and specifications and shall be shown on the grading plans, 4. Water and sewer main lines and appurtenances that will be installed at locations other than within public streets shall have an easement, a minimum of 20 feet wide for each line, dedicated to the City of Poway, Multiple parallel facilities will require additional easement width for on-site facilities. Easement dedication shall be recorded prior to issuance of a certificate of occupancy, A processing fee shall be paid to the City's Engineering Department at first submittal of documents for review. 5. All public utility lines (i.e., water, sewer, drainage) not located within public streets shall have an improved access over and along the respective easement, the surfacing and width of which shall be acceptable to the City Engineer. 6. Improvement plans for the new public water system, prepared on standard sheets of mylar by a Registered Civil Engineer, shall be submitted to the City's Engineering Services Department for review and approval. Plan check and inspection fees shall be paid by the developer. 7. Performance and payment bonds for the construction of public improvements shall be posted with the City prior to improvement plan approval. A warranty bond shall be posted with the City prior to acceptance of improvements. GENERAL REQUIREMENTS AND APPROVALS 1. Prior to building permit issuance, appropriate water and sewer fees shall be paid to the City's Engineering Services Department. Sewer fees shall include, but is not limited, to connection fee, cleanout fee, and installation inspection fee Sewer fees shall be as follows: Sewer connection fee = $4919.00 (This amount represents the balance of connection fee for the property, equivalent to approx. 2.1 EDU's. ) Sewer cleanout fee Cleanout inspection fee = $ 50.00 per cleanout = $ 25.00 per cleanout Two water meters shall be installed for the project, one for domestic use and one for irrigation purposes. Depending on the size of a water meter to be installed, the water fees shall be based on the following: Meter Size ~ Expansion Fee SDCWA Fee" 1" meter $150.00 $750.00 $2,426.00 1.5" meter $275.00 $1,500.00 $4,548.00 2" meter $695.00 $2,400.00 $7,883.00 . . . 918 Resolution No. P- 97 -28 Page 7 For a meter size not listed above, please contact Engineering Services, . This fee is subject to change without further notice, Applicable only to water meter for domestic use. The amount to be paid shall be that in effect at time of payment. 2. A right-of-way permit shall be obtained from the City's Engineering Services Department for any work to be done within the public street right-of-way or any City- held easement. Said work shall include, but is not limited to, construction of driveway approach, sewer lateral installation, water service line installation, and street construction. 3. The collection drain/oil separator shall be designed to intercept stormwater runoff and any incidental fuel spillage. An industrial wastewater discharge permit is required from the City of San Diego. The following improvements shall be constructed to the satisfaction of the Director of Safety Services: 1. The building shall display 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 building. 2. 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 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. 3. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. 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. 4, 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 construction is completed, 5. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 6. The addition of (one) on-site fire hydrant is required. The location of the hydrant shall be determined by the City Fire Marshal. . . 919 Resolution No. P-97-28 Page 8 7. 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. 8. 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. 9. N.F.PA Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. 10. A water systems analysis will be performed to establish available fire flow. 11. Fuel dispensing stations shall be installed in compliance with Article 52 of the Uniform Fire Code (1994). Special attention to Section(s) 5201.6.3 "Unsupervised Dispensing", 5201.8 "Signs", and Section 5201,9 "Fire Protection". 12. Place address in conspicuous location. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 20th day of May, 1997. ATTEST: ~~-N" Don Higginson, ~ I hereby cerrify, under the penalty of perj'Jry, thaI rhe above and foregoing is a true and corred copy 01 ResolJtion No, p.g 7 -.:l~ as adoprod by the City' Council 01 Po way, California on rhe ;;lO ..), day 01 fuo.j , 19~. MARJORIE K. W AHLSTEN" CITY CLERK bY'~ K j0~1:i:. ~I')\.<_,.-h~ ,~ /lfv~t...- Marjorie K. Wahlsten, City Clerk ) . . . . . 920 . . Resolution No. P- 97 -28 Page 9 STATE OF CALIFORNIA ) ) SS, COUNTY OF SAN DIEGO) I, Marjorie K Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-97 -28 , was duly adopted by the City Council at a meeting of said City Council held on the 70th day of May , 1997, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE '11,,-L.:.,.~,- il ?U~-L-.- Marjorie K. Wahlsten, City Clerk City of poway E:\CITYlPLANNINGIREPORT'CUP9703,RES