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Notice of Restrictions of Comprehensive Sign Program 99-02 Modification 2000-0084444 'i. ~ ~! . . J,' " DOC .2000-0084444 . RECORDING:REQUEST BY: \ \ CITYOFPOWAY )2146 ) ) ) ) ) ) ) ) ) ) ) 2000-0084444 2000 8:51 FEB 18.. AM " Wf!EN RECORDED MAIL TO: OFFICIAL RECORDS SAWDIEGOCOlJNTV RECORDER'S OffICE GREGORY J. SMITH,COUNTV RECORDER FEES: 0.00 CITY"CLERK CITY qF POWAY POBOX 789 POWAY CA92074-0789 -11111 11111I1 1111 r No Transfer Tax Due (This space for Recorder's Use) NO R!=CORDlNG FEE REQUIRED THIS DOCUMENT EXEMPT FROM FE!; PUR;5UANT TO SECTION 6103 OF THE CALIFORNIA GOVERNMENT CODE NOTICE OF RESTRICTIONS OF COMPREHENSIVE SIGN PROGRAM 99-02 MODIFICATION CITY OF POWAY Trident Homes',isthe owner of real property described in Exhibit B which is attached hereto and made a part hereof,and which is commonly known as Assessor's Parcel Number 320-200-43, located at 12205-12295 Scripps PowayParkway, Poway, CA., The permit approved a modification to the comprehensive sign program setting forth design and location requirements upon which individual sign permitapprovals will be based on. Notice is hereby given that'the,property is burdened 'by the terms,and conditions of Comprehensive, Sign Program 99-02 Modification summarized as follows. Said conditions are binding upon future property owners. A. Within 30 days of approval the applicant shall submit in writing that all conditions of approval have been read and understood. B A "Notice of Restridions" shall be recorded notifying.future property owners of the conditions of this approval. C Specific Plan Amendment 84-01 RR shall be approved prior to issuance of a sign permit pursuant to this Comprehensive Sign Program. D The approval pursuantto Resolution No, Pc99-74 shall become'null and void upon implementation of this Comprehensive Sign Program. E. Aisign permit and a building permit are required prior to placement of any individual signs proposed pursuant to this Comprehensive Sign Program. . 1::~....l ~~'~:\t' I~ ~ . \ .;vf. .' '" \, . 2147 . NotiCE:! 9fRest~ictiOns Compn3hehsiveSign ~r6gram 99-02 Modification Pag~:2 .F Within 30idaysofthedateof this approval, the property owner shall modify the sign criteria distributed to future tenants of the center to note that all siglJage must comply with this Comprehensive Sign ProgrClm 99c02 Modification on file with the City of Poway, Department of Development Services. G. In addition to the conditions of this permit, all;signswithin each lot shall conform to the sign'criteriaand'design guidelines contai'ned within the South Poway Specific Plan DevelopmentStandards for wall, and'freestanding signs as amended by Specific Plan ,Amendment 84-01RR, along with general provisions ofthe Comprehensive'SignOrdinance of the PowayMunicipal Code' and the following conditions: 1 Monument signs shall comply with the following: a. Monument signs are prohibited along Treadwell Drive. b. MonlJlTient signs shall be located af'the:,Scripps Poway Parkway and Pomerado Road frontages or entrances. c. Area of said:~igns shall be 40 squ.are'feet maximum, each side. Total height of monument signs,shalll'lotexceed six feet above adjacentgrade. d. The monument:signs shall be composed of a double-sided internally illuminated cabinet sign with formed aciylicfaces. e. All monument signs shall have,designs that are complementary to each,other by'either similar treatment or incorporation of one or more of the design elements pursuant to Section 1740.260.8 of the Poway Municipal Code. 2. Wall signs shall comply with the following: a. Sign Area Location: i. Wall signs are prohibited on the south and westfacing walls of buildings A and B aslshown,on ExhibitA ii. For buildings A, B, and E, and single tenant pad buildings C and D as depicted on Exhibit A,wallsigns shall be composed of individual internally iII(jininated channel letters with formed acrylic faces. Internal illu.minatiol'l shall be with voltare neon tubing or comparable lighting. Exposed tubing, i': . 2148 . Notice ofRestrictior;)s Comprehensive Sign Program 99c02 Modification Page'3 junction boxes, lamps, conduits; transformers; raceways, or neon crossovers are not permitted. b. Background Color: For wall signs utilizing channel letters, the background color shall be the color of the building, Le. beige or tan stucco (Sinclair#CM8512 and #CM8450). 3, Sign Colors: a, All sign copy, shall have the "bronze" returns (sides). b For'the face color of all sign copytheapplicantshall use red, ,blue and green, plus white, for sign lettering as a painted surface or on Plexiglas, c. Logos may consist of alternative color(s). d. All painted surfaces shall utilize a consistent finish. 4 Nationally known'tenants: Any franchise, national, or regional chain store operating at least five stores under the sa)netrade name, with.a registered logo/trademark, may display their letter style and logo color of their identification on wall and freestanding sighs. 5. Illuminated signs shall comply with the following: a. Wall, signs for all buildings shall be composed of individual internally illuminated channel letters with acrylic formed faces. b For wall signs anywhere within the project, external flood lighting maybe directed at signs provided the. fixtures and wiring are concealed behind the metal canopies ,over tenant entrances. H. Approval of this request shall not waive compliance with ?ection 1740 010 of the'zoning code and all other applicable City ordinances in effect at the time of sign permit issuance. On June 17, 1998, a Settlement Agreement was entered into by five property owners in Rolling Hills Estates, the owners of the center and the City This Notice of Restrictions addresses an issue in that agr~emEmt, namely the visibility of signs from Treadwell Drive. Wall signs are prohibited on the smith and west walls of Buildings A and B as shown on Exhibit A. No monument sign is permitted along Treadwell Drive. 1\1 '. 2149 . Notice ciH~estriGtions 'Comprehensive SJgn Program 99c02 Modification Page 4 That iftheproper'ty should ,hereafter be conveyed to'anyother person, firm, or corporation that the instrumentby means of which title or interest in or to said real property, or any parcel thereof. is conveyed will contair;) a notice of restrictions limiting the use,of the part or parcel so conveyed, or in the event of the conveyance ofthe whole of said propertyih keeping with this agreement. That ifany of said restrictions are violated at any time, action may be taken by the City of Poway to revoke permission .for use as herein stated. In the event that Comprehensive Sign Program 99-02 expires or is rescinded by the City of Poway at the request of the owner, the City shall 'expunge this covenanUrom the record title of the property If the City is required to take any legal action, either civil9r criminal, to enforce the terms of this covenant, the City sllcill be entitled to direct pay,ment of its costs of enforcement including reasonable attorney's fees and staff time. DATE. February 15. 2000 d. Niall Fritz Director of Develop , nt Services E:\PLANNING\99REPORT\CSP9902M,NOR 4 t;rj ,~ '::Z::, ...., 'l:l:l"l '::; '}l > -- SITE OW, OF'lOSS SHe A ;EA ~HU~' ..0 ....... .....IOOIfO.lI..J.....O....' ''''UI'OOQ o"IA ...., ".""0 '1l0~' fa .....'''0 uno .". t..o...., .......OOCI"'IIOI.....I "'I1CEl " '..Ch "lh .W'lIlOIfO....... "."'''0;'''01'''.'0.1'''''1 ;.......,..<1..."0"'010 "'f'1CEl B '..Chi.... .v...O...o'.......... _ . .........1l.'0VI....011fJlfl ....,.0 '''0''010 ~. nc El C ...~ 1\ _ ....... '''''0'''00"",.. ......ll 010\.11"'10 l"UOI . ..""" ...o~'o,o ".HlCEl 0 '''Ch 011I1. "''''01''0''111. .......0..0.....'.0""'., .....NO '''0''010 '" .,C ~ l e "'Ch ...... 'w"D.OOO ""'f. ....."'lI.IO""...O""..1 -'.'-0 '''0''0'0 l'.nlEl F 1110" t'N" "(11 _".. MOR[w<O & ASSOClAI[S :'\lW!. f'I.l.HNING ----- SCRIPPS POWAY 'PARKWAY .- ----..; 1l00"t." 0",. \:7 ~~" ~':<" ~i h "J, 'l "Jr. '7 . t' :L7 . , \ - f'fU'" 'II.C Ul....' ,,,'c tutt., .......11 110 .,.CII '1..CII'"" , 1".~C!J'II. I' II,.MII /.J.t ,.-..' 10_11......, &D:"a.cu nO-I.,,", '4,'.'-':U '1J_ln 1/ '"cAC n.".'S' 11''''"''.1' ......, ".'.1:11 I"" v.(llt .",..ClI' I i 01...'1' ,..., .._... 11."'-" y"-,, 1l1"'CU !I' ""C~JI I".":" "" "......, ..., I..t.. ,'''"'''' y." .'t....ell ." ,.."" .. ,..ell 'I.IIIUII ..., 1...11 ''''OO.j. ;""" IU..\CIS "! ,..,." 1I,..ell VICINITY' MAP ..,,,,' "., SCHIPPS TRIDENT POW.AY, CALIFORNIA PRELIMINARY SITE nl ~:: r ,'~ :>--\ I '';:-'--=-- I , . ..~ , " o 0( o a: I /7 --I I 7--1 ,/ I " I >- eel /'- / ( I '---- -{ f~-!, \ , .~ N ~ 01 ,e o o ~' w ~l 0' a. . r PLAN SCHEME.F TRIDENT HOMES OF 'C^ ~'HO I" 1(;.0,\1"......... IIlC OC' ''-'''' oc' ".... ':;- I'" LEGAL DESCRIPTION ~l . ,PARCEiJ 1 THE NClRTJfWEST 'QUARTER'OF SECTION, ,26" TOWNSHI'P H .sOUTH, RAN(;m 2 WEST, SAN ,BE~NAlm_INO' MERIDIAN" ,IN 'THE 0::lT,yOF, POWAY, COUNTY:OF !3AN'DIEGO; STATE OF 'CALIfORNIA, ACCORDING TO THE OFFICIAL PLAT T~EREOF.. EXCEPTING 'THAT ,PORTION OF THE Ef.i3THALF OF 'SAID NORTHWEST QUARTER LYING NORTHEASTERLY OF THE CENTER ~INE OF THAT 60 FOOT EASEMENT FOR ROAD PURPOSES DESCRIBED IN,DEED TO TflE COUNTY OF SAN DIEGO, 'RECORDED APRIL 4, 1924 IN BOOK ,751, PAGE 369 OF DEEDS ALSO' EXCEPTING THAT PORTION OF THE NORTH HALF OF SAID NORTHWEST QUARTER DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWES.T CORNER OF ,SAID S3CTION 26; THENCE SOUTH 000 19' 53" WES'T" ALONG THE WESTERLY LINE THEREOF, 437 00 FEET; niENCE SOUTH 860 51' 34" EAST, 283 36 FEET; THENCE SOUTH 850 53' 30" EAST, 261 05 FEET; THENCE SOUTH 890 50' ~7"EAST, 360 53 FEET THENCE NORTH 520 31' 37" EAST; 148,,35 FEET; THENCE NORTH 600 40" 53" EAST, 146 .i8' ,FEET,; THENCE NORTH 130 21' 20" WEST, 85 55 FEET TO A POINT ON ,A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVnm,' A RADIUS OF 6000 00 FEET, A,RADIAL TO S'AID POINT BEARS NORTH 020 43' 0,1" WEST; 'THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH: A CENTRAL ,ANGLE OF 000 lA' 2G" A DISTANCE OF 25 19 FEET'; THENCE NORTH 870 31' ?5" EAST, 178 29 FEET TO A POiNT ON A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF :D971 00 FEin; THENCE EASTERLy ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL, ANGLE OF 060 47' 'LO!' A DISTANCE OF 233 45 FEET TO A POINT ON THE WESTERLY RIGHTcOFcWAY OF OLD POMERADO ROAD ,AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED APRIL 4, 1924 IN BOOK 751 AT PAGE 369 OF DEEDS IN THE OFFTCE OF THE RECORj)ER OF SAID SAN DIEGO COUNTY, SAID POINT BEING ON A 'CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1030 00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 4'30 26" 29" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, BEING ALSO TH~ WESTERLY RIGHT-OF-WAY OF SA~D OLD POMERADO ROAD, THROUGH A CENTRAL ANGLE OF 050 40' 35" A DISTANCE OF 102 04 FEET; THENCE NORTH 400 48' 32" WEST CONTINUING ALONG SkI'DWESTERLY RIGHT-OF-WAY 123 08 FEET; THENCE LEAVING SAID WESTERLY RIGHT OF_WAY NORTH 37' 26' 30" EAST, 30 64 FEET TO THE INTERSECTION OF THE NORTH LINE OF' SAID SECTION 26 AND THE CENTERLINE OF SAID POMERADO ROAD; THENCE NORTH 890 52' 20" WEST ALONG SAID NORTH'LINE OF SAID SECTION '26, 1429 79 FEET.., MORE 'OR LESS, TO THE 'POINT OF l?I,lGINNING ALSO EXCEPTING THEREFROM CITY'OF POWAY TRACT NO 88-04R; IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE,OF'CALIFORNIA, ACCORDING TO MAP THEREOF NO 13364, FILED IN THE OFFICE OF THE COUNTY RECORDER OF s.!\.N" DTEGO COUNTY 0"& 'OCTOBER 17, 1-996 -'EXHIBlT-B