Covenant Regarding Real Property 1997-0274748
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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
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OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 16.00 FEES:
AF: 23.00
MF: 1. 00
909
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(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97-12 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant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:
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" '.CALiFORNIA ALL.PURPOS~CKNOWLEDGMENT
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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!-
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SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAve.. P.O. Box 7184. Canoga Park, CA 91309.7184
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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
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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
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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:
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. 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.
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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.
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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.
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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
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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.
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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:.
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Marjorie K. Wahlsten, City Clerk
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920
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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