Covenant Regarding Real Property 1996-0596994
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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
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RECOJ~.DING,REClUESt BY
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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.{,
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Norman S. Snider, ,
OWNER (Notarize)
CITY OF POWAY
Dated: IO-~q-q0
~ lJ~ -dL<-CVJllL
By'
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C~LlFOFiNIA/ALL'PURPOst ACKNOWLEDGMENT
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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'
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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
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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
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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
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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.
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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
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Don Higginson, Mayor'-W
STATE OF CALIFORNIA
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I hereby cerlify, under,the penalty
of periury, that, t~ _al?ov~ and
foregoing is a "::true and' .~orred
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copy 01 Resol,0Iion/No. .;.. ~ "':, '
as adopted ~y the !=ity, Council of
Poway, Calif;'rnia-onlhe':;jlq~
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MARJORIE K. WAHLSHN, ~ITY:CLERK
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by:
ATTEST
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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
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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