Covenant Regarding Real Property 1996-0332366 , c .
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RECORDING REQUEST BY: )
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CITY.OFPOWAY )
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WHEN RECORDED MAIL TO: )
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CITY C,LERK )
CITY OFPOWAY )
POBOX 789 )
POWAY CA 92074-0789 )
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No Transfer Tax Due )
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DOC~ 1996-0332366
OZ-JUL-1996 08=09 AM
OFFICIAL RECORDS
SAN DIEGO CDUHTY RECOROER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 12.00' 'FEES: 2B.00
AF: 15.00
MF: 1.00
(Thi,s space for Recorder's Use)
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COVENANT REGARDING REAL PROPERTY
('I ~~.:
Robert C. and Theodora 0 Connor rOWIIIERs. hereinafter) are the owner,s of real property
,described In Exhlbtt A which Is attached hereto and l)1adeapart hereof.anCl. Vo(hich Is~orrimonly known as
Assessor's Parcel Number 317-101-04 rPROPERTY' hereinafter), In. cOnsideration of the approval of
Condttlonal Use Permtt.96-o1 by the City of Po way C'CITY. hereinafter), bWNERshereby agrees to abide
by condttions of the attached resolution (Exhibtt B),
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This Covenant shall run with the land and be blnding,upon and Inure to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties; ,....:\,'i;
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In the event that Condttional Use.Permit.96-Q1 expires or is rescinded by City Council at the request
ofthe OWNER, CITY shall expunge this Covenant from the record IItle of th,e PROPERTY.
In the event of IItl\:fallon to enforce't,tJe 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: 0 --;3 - 9,tf:,
~:i(l7 ~ _~__-"/--
obert C, 0 Connor, O~E~~ize)
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TheOdora-OConnor, OWNER (Notarize)
Dated: 1['- /3 ~ '7?
CITY OF POWAY
Dated: 5 - a. \ -C\ Co
By:
RL-- wrf' - (j~
Subscraled and sworn 10 beforll mo
_,aaymJIL.tk- 19~
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Nolaryand the County of CIarl(
Stateol Nevada
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. LINDA SCOOTER
" NO. TARY PUBLIC - NEVADA
" " COUNTY OF CLARK
~ ' Myappt expires March 1. 1998
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LEGAL DESCRIPTION
The easterly 109:00 feet of th,at portion of the Southwest Quarter of the Northwest
Quarter of Section 13, Township -14 South, Range 2 West, San Bernardino Base and
Meridian, in the County of San Diego, accordihg to United States Government Survey,
described as follows:
Beginning at a point of the Southerly line of said Southwest quarter of the Northwest
Quarter, distant thereon South 89008' 30" East, 332feet'fromthe Southwest corner
there-of, said point being the Southeast corner of land conveyed to James Alb~rt
Silkwood and wife by deed recorded in Book 5316, page 83 of Official Records; thence
along the Easterly.linecand:the Northerly prolongation thereof North 01027' East, 400.02
feet; thence South 89008'30" East along a line parallel with the Southerly line of said
Southwest Quarter of the Northwest Quarter 281 00 feet; thence South 01027' West
parallel with the Westerly line thereof 400.02 feet to the Southerly line of said Southwest
Quarter of the Northwest Quarter; thence along said Southerly line North 89008'30"
West, 281 00 feet to the point of beginning,
EXHIBIT A
.. CAL:lFOR~IA AlL.PURPOSE ~KNOWLEDGMENT
8.
State of )Je.ua&a
County of Q A-~
On ~~ (~ 199" before me, ,
Date ~ (3 Nam, eo' 11ti, ot Off'", (",'. Jeo, 000, No"~ l~')
personally appeared 1--+ c.. D IV1 (}Dr .... 1"J1"'e.o.J101'c;L..J 0 COn /! Q /,
Name(s)01 Signer(s)
o personally known to me - OR -~oved to me on the basis , satjli~ctory evidence to be the persoQ
whose n e s /~ubscribed to th . in instrument
and ack owledged to me that he/sh xecuted the
same in his/her~' thorized ca ci ies and ~~ bb
his/her@signat re s n the instrum-ent the er s
or the entity upon be alt of which the per~acted,
executed tne instrument.
. LINDA SCOOTER
," NOTARY PUBLIC. NEVADA
, ' COUNTY OF CLARK
'. ..,' .' Myapp 0XI.Hre,i, fyhuCI: 1. 1998
~v
WITNESS my hand and official seal.
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OPT/ONAL
Though the information below is:not requ~red by law, it may prove valuable. to persons relying on the document and could prevent
fraudulent remova.l,and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other" Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer,
Title(s):
o Partner - 0 Limited 0 General
o Attorney,in-Fact
o Trustee
o Guardian or Conservator
[] Other' Top 01 thumb here
RIGHT THUMBPRINT
OF SIGNER .
Signer Is Representing:
Signer Is Representing:
C 1994. National Notary Association' 8236 Remmel Ave., P.O. Sol{ 71 B4 . Canoga Park, CA 91309.7184
Pr~. N~. 5907
Reorder: Call Toll-Free 1.800.876.6827
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833
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RESOLUTION NO. P-96-35
A RESOLUTION OF THE GITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 96-01
ASSESSOR'S pARCEL NUMBERS'317-101-04
WHEREAS, Conditional Use Permit 96-01 submitted by B.J.'s Rentals,
applicant, requests approval to operate a portable Rotomixx concrete mixing
system at an existing equipiTIent rental business located at 13044 Poway Road
within the Commercial General zone; and,
WHEREAS, on May 21, 1996; 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:
Sect i on 1: Environmental Fi ndi nos:
The City Council finds that this project will not have a significant
adverse impact on the environment and hereby issues a Negative Declaration with
Mitigation Measures.
Section 2: Findinos:
1. The project is CClns'istent with the general plan in that an equipment
rental yard \<lith a concrete blendirigoperation is permitted in the
Commercial General zone with the appr'oval of a conditional use
permit.
2. That the location, s.ize, design and operating characteristics of the
equ i pment rental yard and the concrete mixi ng operat i on will be
compatible with and will not adversely affect or be materially
detrimenta 1 to adjacent uses, residents, buil di ngs, structure or
natural resources, in that the operational practices of the business
will be modified so that the level of noise emanating from the
site will decrease.
3. That the harmony in scal e, bul k, coverage and density is cons i stent
with adjacent uses in that the expansion of the equipment rental use
to inc.1ude the concrete mixing operation involves only the
construction .of bulk storage bins at the rear of the lot. The size
of the concrete blender is approximately 12 feet high and it appears
inconspicuous in the equipment rental yard.
4. That there are available public facilities, services and utilities
to serve the approved use, in that public water, sewer, and street
access is available to the site.
5. That there will not be a harmful effect upon des i rabl e nei ghborhood
characteristics, in that the operational practices of the equipment
rental business and the concrete mixing operation will be modified
so that the level of noise emanating from the site will be
decreased.
EXHIBIT B
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Resolution No. P-96-35
Page 2
That the generation of traffic will not adversely impact the
surroundi ng streets ana/or the City's Circulation E-l einent, in that
the equi pment rental, use has operated .for many years and the
concrete mixing operation should'not generate significant additional
traffic.
7. That the site is suitable for the type and intensity of the
designated use, in that it is in an area designated for general
commercial uses.
6.
8. That there will not be s.ignificant harmful effects upon
environmental quality and natural resources in that the site has
been completed developed.
9. That there are .no other relevant negative impacts of the use that
cannot be mit.igated.
Section 3: Citv Council Decision
The City Council hereby approves Condit.ional Use Permit 96-01 subject to
the following conditions:
1. Within 30 days of ,approval (1) the applicant shall submit in writing
that all conditi ons of approval have been read and understood; and
(2) the property owner shall execute a Covenant on Real Property.
2. The use condi tionally 'granted by thi spermit shall not be conducted
in such a manner as to interfere with the reasonabl e use and
enjoyment of surrounding uses,
COMPLIANCE WITH THE FOL,LOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF pLANNING SERVICES.
SITE DEVELOPMENT
1. This conditional use permit shall be subject to a six month review by the
Director of Pl anni ng Servi ces for compl i ance with the condi t ions of
approval and to address concerns that may have occurred. If the permit is
hot in compliance with the conditions of approval, or the Planning
Services Department has recei ved comp la i nts the use permit shall be
scheduled for public review before the City Council, to consider
modification or revocation of the permit. If the permit is in compliance
with the conditions of approval at the time of the six month review,
thereafterari annual review by the Director of Planning Services will be
conducted to insure compliance.
2. Site 'shall be developed in accordance with the approved site plans on fil e
in the Planning Services Department and the conditions contained herein.
3. Approval of this request shall not waivecompl iance with all sections of
the Zoning Ordinance and all other applicable City Ordinances.
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Resolution No. P-96-35
Page 3
4.. Prior to any. use of the project site or ~u,siness activity being commenced
thereof;, all condi t ions of approval contiline~ her~i nshall be compl eted to
the,satJs'fact ion of the Di rector of Planni ng Servi ces.
5. The hours of operation for the Rotomixx concrete mixing system shall be
limited to 8:00 a.m. to 5:00 p.m., Moneay through Friday; 9:00 a.m. to
5:00 p.m. Saturday; and the Rotomixx concrete'system shall not be operated
on Sundays.
6. Truck deliveries of bulk liiaterials for the concrete mixing operation shall
be 1 imited to the hours of 8:00 a.m. to 5:00 p.m. on weekdays.
7. The vol ume level of the intercom system and the phone buzzer shall be
turned down to where the noise levels do not exceed 60 decibels at any
property line.
8. The maximum number of Rotomixx trailers leased from the site shall not
exceed four (4).
9. The use of radios within the mechanics shop area and outside of the
building shall bediscont(nued. The volume l'evel of radios used in other
areas of the building shall be at a level where the sound cannot be heard
outside of the buil~ing.
10. A sound absorbing liner shall be installed jn. the hopper to decrease noise
associated with the Rotomixx concrete mixing operation.
11. Pre-mi xed sandlgravelshaH be substituted for the separate and gravel
material used during the concrete mixing operation.
12. 8.J.'s shall widen and upgrade the existing Tand'scape area along the front
of the property. The two exi st i ng oak treesi n the front pl anter area
shall be re-pl anted in the northwest section of the rear yard. The
exi sti ng masonry posts along the front of the property shall ei ther be
relocated and enhanced with attractive fencing or removed completely. The
paved area located 'within the 20 foot front yard setback along the
westerly property li rie shall a 1 so be landscaped. A 1 andscape and
irrigation plan .prepared by a licensee landscape architect shall be
submitted to the Planning Services Department for review and approval
prior to the initiation of the landscapihg improvements. The landscaping
improvements shall be completed by August 21, 1996.
13. Easily identified onsite customer parking areas shall be provided.
14. Motorized rental equipment shall be s.tored in a contracted position. Non-
motorized rental equipment {i.e., ladders), which is over six feet in
height in a contracted position (vertically) shall be stored in a
horizontal position. This shall be accomplished immediately.
15. The proposed future building expansion shall be considered through the
Development Review process.
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Resolution No. P~96-35
Page 4
16. T,hesoutherly two thirds of the rear storage area and any areas where
equipment will be stored or maneuvered shall be paved.
17. Repair and maintenance of any bus.iness related equipment or vehicles shall
be conducted within thebundi'ng. In sJtuations where the equipment or
vehicle is too large to fit into the building, the repair and maintenance
work shall be comp)eted in or immediately adjacent to the outdoor paved
wash pad area. Only equipment and vehicles leased from the subject site
shall be serviced on the' property.
SIGNS
Any signs, proposed for this _development shall be designed and approved in
conformancew-ith the Sign Ordinance.
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Resolution No. P-96-35
Page 5
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 21st day of May 1996.
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on HIggInson, 0'1:
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I hereby certily, under Ihe penalty
01 perjury, that the,. above and
foregoing is a~lrue~fd._, corr~
I' N ~f';'-3.)
copy of Reso uhon o. - _ \".. '
as adopted by the Gty' CO'!!leil 01
poway, Ca!ifornia.';;;:,the ;)",~~
day of 0'l1~ . ,19~.
MARJORIO K:.Vf HLSTEN,gT~'CLERK
I..; 1J1fU."l2.')~' -:')1\ YM-L.
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MarjorIe K. Wa lsten, City Clerk
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-96-35 , was duly adopted by the City Council at a meeting of said City Council
held on the 21st day of May , 1996, and that it was so adopted
by the follo~v()te:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Jt"Yt+\'k k ~
Marjorie K. Wahlsten, City Clerk
City of Poway
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