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Covenant Regarding Real Property 1996-0596994 " , . 120'6 ot n 19.96-0596994 26-HQU=1996 09=23 AM OFFICIAL RECORDS SAHOIEGDCDUHTY RECDROER'S,DFFICE GREGORY'SMITH; CDUHTY RECORDER RF: 11. 00 FEES: 25.00 AF: 13.00 MF: 1. 00 ; ,0,' RECOJ~.DING,REClUESt BY ) ) ) ) )r- ) C1 l1r ) ) ) ) (This space for Recorder's Use) '! CITYOFPOWAY WHEN'RECORD!=D M!\IL TO' CITY'CLERK CITY OF POWAY P'O BOX 789 POWAY CA 92074~0789 No Tt,l'nsferTax Due COVENANT REGARDING REAL PROPERTY Norman'S. Snider (':OWNER" hereinafter) is,the owner of real property described in Exhibit Awhich isattached,hereto,and made a part'hereof and'which'is commonly,:known as Assessor's,Parcel'Number 317- ~. ..'. '.' "".."., ~... . .--. ,........" - ..- . '-,' -. ''0' _". ,.,.-- ..- .'.. . - ., - "~' _ ~ ".- . . 540-20,("PROPERTY" hereinafter), In conside,a,tionof the approval of Minor Conditional:Use Permit 96-07 by the City oflPoway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions orthe attached resolution (ExhibitS), This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners. encumbrancers, successors, heirs. personal repres-entatives. 'transferees and assigns of the respective parties, In the event that Mi~9rConditional Use Permit 96-07 expires or'is re_scinded by City Council at the request of the OWNER, CITYsh,,1I expunge this Covenant from the record title of the PROPERTY In the ~vent.cif:litigation,toenforce,the:pro\<isions,ofthis,Cov'enant. the prevailing party shall'be entitled to full reimbursement of all costs, inclUding reasonable attorne'ys'fees, fromthe'other party Dated: /1- V ' 7.{, tft r- cf~ Norman S. Snider, , OWNER (Notarize) CITY OF POWAY Dated: IO-~q-q0 ~ lJ~ -dL<-CVJllL By' / . C~LlFOFiNIA/ALL'PURPOst ACKNOWLEDGMENT . State of C-II L I F 0 ~ N I A County 9fS ft 1'{ D I Sc:..^ On tV D V Q./ da I ~ I [, before me, personally appeare~ '~N 0 R N\ i\ IV S 12'07 :=; Name and Tille 01 Officer (e.9., "Jane Doe, Notary Publi ") 1\11 ,C) r= R Name(s) of Signer(s} -:fl:R..i u.(3I-IC o personally known to me - OR - ~proved to me on the basis of satisfactory evidence to be the person()Q whose nameOO isi~ subscribed to the within instrument and acknowledged to me that hei$R(li~ executed the same in hisi]Jl5ti\tllfJr authorized capacity(i;(j, and thatby hisi~it!J8Cf signature{):) on the instrument the person(,lQ, or the entity upon behalfofwhich the person(~ acted, executed the instrument: tr~ - - ~ ~ - - ~ - - - - - ~f '(1'-" '. CHARlOTTE M. COlliNS :c ",.i<: COMM. "1025770 z if ;":" , .. Nolory Public _,.cOlljom, 10 ~ j' . ,/ SANDIEG;> COUNTY, ,'''' Mycomm.ExplresMAY8.1~8( y ~ ~ - - ~ ~ . ~ ~ . - . . WITNESS my hand and official seal. r~l'l.),~,Zn ~ C'~~~MA , Signalur olary Public - OPT/ONAL Though the'information below is not-required'bylaw, 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 or Type of Document: Document Date: Number of Pages, Slgner(s) Other Than Named Above, Capacity(ies) Claimed bySigner(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 o Other' . Top 01 thumb here o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General [] Attorney-In-Fact o Trustee o Guardian or Conservator o Other' Top of thumb here Signer Is Representing, Signer Is Representing, @1994National Notary Association. 8236 AemmetAve. P.O:Box 7.184. Canf?ga Park, CA 91309-7184 Prod. No. 5907 ReordecCaU TolFFree 1-BOQ-876-6827 . . 1208 '. LEGAL DESCRIPTION Parcel 2 of Parcel Map No. 13265, in the City of Po way, County of San Diego, State of California, filed in the Office of the,CountyRecorder of San Diego County, May 10, 1984 EOxhibit A / ". - . . 1~09 RESOLUTION NO P- 96-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 96-07 ASSESSOR'S PARCEL NUMBER 317-540-20 WHEREAS, Minor Conditional Use Permit 96-07, submitted by Norman SAnd Kimberly M Snider, applicants, requests approval to allow the' expansion of an existing non-conforming use to allow rental and' saies of recreational vehicles and cars, minor service and repairs on recreational vehicles and cars rented and/or sold on-site and the sales afparts, supplies and accessories for recreational vehicles at 12538 Poway Road; and WHEREAS, on Octaber:29, 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. Section 1. Environmental Findings, The project is exempt from the California Environmental Quality Act, Class 1, existing facilities, Section 2: Findings, In that the use is an expansion of an existing non-conforming use to include uses which are permitted in the zone, the City Council hereby finds that: 1 The proposed location, size, design and operating characteristics of the proposed use is in accord with the title and purpose of this title, the purpose of the zone in which the site is located, the City general plan, and the development policies and standards of the City; and 2, The location, size, design and operating characteristics of the proposed use will be compatible wit~ and will notadverselyaffect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, and 3 There will not be a harmful effect upon desirable neighborhood characteristics; and 4 The ,generation of traffic will not adversely impact the capacity and physical character of surrounding streets and/or the circulation element of the general plan in that vehicles will access the site from Poway Road, and 5 The site is suitable for the type and intensity of use proposed; and EXHIBIT B . I 1 ~ I() Re alution No, P-96-78 Page 2 6 There arena;ather relevant negative impacts of the proposed use that cannot be mitigated. Section 3, Citv Council Decision. The City Council hereby approves Minor Conditional Use Permit 96-07 subject to the following conditions. 1 Within 30 days of approval (1 )theapplicant 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 or surrounding residential uses. 3 This minor conditional use permit shall be subject to annual review by the Director of Planning Services for compliancewith 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. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. 1 Cleaning and servicing of vehicles on-site shall be limited to cleaning of vehicles including activities such as washing, waxing, vacuuming, cleaning windows, and cleaning carpeting and/or upholstery; changing oil or other mechanical fluids, filters and hoses, changing belts or spark plugs; installing minor accessories such as hitches/tow-bars, mirrors or interior equipment; changing tires; charging or replacing battery None of the activities performed shall involve running the engine for more than 15 minutes nor involve "gunning" the engine. Smoking engines will not be allowed to continue running. 2 The shed on the back of the building shall be removed with 180 days of approval of this Minor Conditional Use Permit. 3 All sign age on the site shall comply with the provisions of the Sign Ordinance. 4 Fencing along the western property line may be chain linlnb matCh the existiD9 chain link. Fencing along the Paway Road frontage shall be installed behind the landscaped area and shall be wrought iron, 5 Existing landscaping shall be enhanced with additional plant materials to the satisfaction of the Planning Services Director and maintained in a healthy and thriving condition. . . Resolution No Page 3 1<1J P-96-78 6 No outdoor bells, buzzers or pagers shall be used. Indoor bells; buzzers or pagers shall be kept at a volume which is not audible beyond the limits of this property 7 Vehicles shall be displayed on site so that three customer parking spaces are available along the northern property line and so that safe ingress and egress is available for customers to access these spaces. 8 Lights on the site shall comply with the Paway MUr:1icipal Code and shall be directed and shielded as necessary to prevent light spillage onto adjacent properties, APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 29th day of October 1996 ,~~. Don Higginson, Mayor'-W STATE OF CALIFORNIA ) )SS ) I hereby cerlify, under,the penalty of periury, that, t~ _al?ov~ and foregoing is a "::true and' .~orred -', '( P. r. ':'13. copy 01 Resol,0Iion/No. .;.. ~ "':, ' as adopted ~y the !=ity, Council of Poway, Calif;'rnia-onlhe':;jlq~ tJ. ~ 't:N__": d 1 iA-'" 19~ ay 0 , _ /:..' MARJORIE K. WAHLSHN, ~ITY:CLERK UR~~ by: ATTEST '--=I ' I, -' j !~lC'vc,-,c.-... K 7U~L Marjorie K, Wahlsten, City Clerk COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk of the City of Paway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-96-}8 , was duly adopted by the City Council at a meetin9 of said City Council held on the 29th day of October , 1996, and that it was so adopted by the following vote. AYES CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON NOES NONE ABSTAIN' NONE ABSENT NONE I~rv~ ~ k /U~ C Marjorie Wahlsten, City Clerk City of\f:>a ay E:ICITYlPLANNI NGIREPORTlMCUP9607,RES 1212 cON HIGGINSON; Mayor MICKEY CAFAGNA, Deputy,Mayor SUSAN CALLERY:'Councilmember BOB EMERY, Councilmember BETIY REXFO~p;C()u~~i1!ii,emger ~ITY OF POWA' October 28, 1996 " , -Mr- and Mrs. Norm Snider POBox 952 Poway, CA 92074-0952 Dear No-rmand.Kim. This letter is to confirm the conversations we had today concerning the impact ofthe proposed resolution approving Minor Conditi9nal UsePermlt,MCUP 96c07 on the eXIsting non-conforming use on the property at 12538 Poway Road. Both the introductory paragraph and the first sentence under "Section 2. Findings" refer to the fact that the MCUP is an "expansion of an eXIsting non- conforming use" It does nouake away the right to continue the non-conforming use but rather expands the allowable uses on the site to include the additional uses listed. I have also modified condition nwnber I under the Planning Services conditions as we discussed, A copy of the modified page is attached for your information. Sincerely, i3...L.o- ((....'-''1,1<-+ ,- ct~.:c-C~ Reba Wright-Quastler, Ph,D., AICP DIrector of Planning Services Attachment: Revised page 2 ofresolution E ;ICITYlPLANNI NGIPLAN DI RIMCUP9607.L TR City Hall Located at 13325 Civic Center Drive @ P'i"~O~~~;~",~:ress' POBox 789; Poway, California 92074-0789. (619) 748-6600, 695-1400