Covenant Regarding Real Property 1996-0584279
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~'" # 1996-0584279
1~OU-1996 08=40 AM
OFFICIALRECOROS
SA~ DIEGO, COUNTY RECOROER'S OFFICE
.GREGORY"SMITH, COUNTY RECORDER
RE' 11. 00 FEES:
AF: 13.00
MF: 1.00
25.00
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!RECORDING REQUEST BY:
CllYOF POWAY
W,HEN R,ECORDED NIAll:' TO:
c::11;Y CLER,K
CI1;Y OF POWAY
P.O BOX 789
POWAY CA 92074-0789
(This space'tor Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Paul and,Angela McGregOl' ("OWNERs' hereinafter) are the owners cif realproperty-aescribeu'ln-
Exhlb~ Awhlchls,a!!Bched l}eretq'!!1d rpade'!:l13rt hereof and which is commonly known as AssesSor:s
Parcel.Number 317-15HiO ('PROPERTY' hereinafter). In consideration ot the approval ot ConditlonalUse
Pennk 9EHl4.bythe city of P(Y0N8y ("ciTY- herelilaflerj, OWNERs heretiy agree io abide by condklonsot the
attached resolution (Exhlbk B),
This Covenant shall run'wkh the landimdbe binding upon and Inure to the benefk of the fUture
owners, encumbrancers, successors, heirs. personal representatives, transferees and assigns of the
respective parties.
In the event that.Condklonal.Use Pennk:~.explres or Is'resglnded by'City Council at the request
of the OWNER; CITY shall expuilge,this~Covenailtfromthe record title'ofthe PROPERTY
In ~he:eventoflitigatlonto enforc!,!,the provisions of this Covenant, the prevailing partY shall be
entitledio'full reimbursement,of all costs, Including reasonable anorneys'fees, from the other'party;
Dated: ~-7 - lb
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PauMcGr~or, ~Rl tari~
Dated: 5 ~,~. ~9.(
CITY OF POWAY
Dated: o.~ d3) )Cjq Co
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CAJ.JFORNIA ,ALL"IPURPOS'ACKt!lOWLEDGMENT
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437
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On
before me,
o personally known to me -OR-pproved'to me on the basis of satisfactoiy,evidence to be the person(s)
whose name(s),is/are subsCribed to.the within instrument
and acknowledged,;to"me that..he/she/they executed the
same in his/her/their authorizecj capacity(ies), and that by
his/her/their signature(s)-<:mihe'instrument the person(s),
or the entity upon behalt'i:if,which the person(s) acted,
executed the instrument.
STACEY COLE
ilIIlmr NIIQ; llIIlIii GfTllIIlS
IilJC . '. Eliphal/lt!B.!'
OPTIONAL
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Though the information below isnoirequired,bY'law. ii'may prove valuable to persons.relying'onthe,doGument and could.prevent
fraudulent removala.!)d,reattachment of this forrnto another document.
Description of AttaChlaDocument
Title or Type of Document: ' U .U1tul,) !lJ tj !Uit(.IA1-j f(f aI (YLO(XA"0-
Document Date: V11(A ~ Or? r It) q (p , Number of Pages, a/1 0
Signer(s) Other Than Named Above:
Signer Is Represehting:
Signer's Name: '
fit Individual
tJ 'Corporat~Offlcer
Titl~(s): "
o Partner'-O'Ciinited 0 General
[J 'Attorhey-incFact
o Trustee
o Guaraiiin or Cbnservator
o Other'
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Capacity(ies) Claimed by Signer(s)
Signer's Name: ~) ~ I I ..If. ~
- . ~ "
fjr Individual
~ ___ C9rporate Officer
" Title(s):'
o Partner -'0 Limited '0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other'
RIGHT" THUMBPRINT
OF: SIGNER, ,
Top of thumb here
Signer Is Represeriting,
@1994NationaINotaryAssociation.8236 AemmelAve" P.O"Box.7184"~Caiioga Park. CA91309-7184
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Reorder: Call Toll-Free 1-600-876-6827
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,LEGAL DESCRIPTION
Thafpar:tion:of the Southwest Quarter of Section 14, Township 14 South, .range 2 West,
San Bernardino Meridian, in the County of San Diego, State of California, according'to
Official Plat thereof, cescribed as follows:
BEGINNING at a point on the Southerly line of Road Survey.No, 1713an fileinthe Office
of the County Surveyor of said County, opposite Engineer's Station 133 plus 90.00 P 0
C., Being a point of the Arc of a.2450,00 radius curve concave Southerly from which the
center of said cliNe bears SOllth 14058'12" East Thenge,~outhwesterly along theArc of
said curve through a central angle of 40 19'35" a distance of 185.00 feet; Thence radial to
said curve South 19017'47" East 155.01 feet; Thence North 72052'0.1" East 120.35:feet;
Thence. North 24 035'1 0"East'83,01 feet; Thence North 48030'23" East 194.42 feet to said
SoutnerlylirieofRoad Suiyey, No, 1713 filed in the 0fficeafthe County Recorder of said.
County, being a palntintheArc of said 245Q,OO foot radius curve; ThenceSouthwest~rly
along saidSoutherlyline'alang the Arc of said curve through: a central angle of 404'17" a
distance of 17410 feet:to the Point of Beginning.
EXHIBIT A
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RESOLUTION NO. P~ 96-25
A RESOLUTION OF THE OITY COUNCIL
OF THE CITY OF POWAY,CALIFORNIA
APPROVING ,CONDITIONAL USE PERMIT 96-04
ASSESSOR'S PARCEL NUMBER 317-151~60
WHEREAS, Conditional Use Permit 96-04 submitted by Al ba Yamaha,
Appl icant, requests approval for, the establ i shment ofa motorcycl e, boat and
all-terrain-vehicle dealership on an existing auto dealersh.ip complex located
at 12255 Poway Road, in the CG (Commercial General) zone; and
WHEREAS, on April 23, 1996, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinqs:
The City Council finds that this project is Categorically Exempt (Class
1) from the Cali forn.i a Envi ronmenta 1 Quality Act.
Section 2: Findinqs:
1. The approved project is consistent with the General Plan in that a
motorcycle/ recreational vehicle dealership is' permitted in the
commercial zone w,ith a conditional use permit.
2. That the approved project will not have adverse aesthetic, health,
safety, or architecturally related impacts upon adjoining
properties, in that the uses adjoining the subject lot are similar
in nature.
3. That the approved project is in compliance with the Zoning
Ordinance, in that the complex is completely developed.
4. That the approved project encourages the orderly and harmonious
appearance of structures and property within the City, in that the
building is low profile, single-story structure, with repair
fac il it i es in the rear, screened by the sales arid offi ce parts of
the complex.
5. That there are public facilities and utilities available to
service the project.
6.
That there will not be significant harmful effects upon
envi ronmenta 1 qual ity and natural resources in that the property. .
is and has been completely devi!loped for more than 20 years. '.
Noise will be shielded by the bulld.ihgs from residents to the ",V.t
north.
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Section 3: Citv Council Decision:
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The City Council hereby approves Conditional Use Permit 96-04 subjec~ to
the foll owi 119 condit ions: ,
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EXHIBIT B
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". 440
Resolution No. P-96-25 "Ii;,;;
Page 2 .
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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 condit lona lly granted by th I s permit shall not be
conducted in. such a manner as to interfere with the reasonable use
and enjoyment of surrounding residential uses.
1.
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 p~rmit 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.
SITE DEVELOPMENT
1. The site shall be developed in accordance with the approved site plans
on file in the Planning Services Department and. the conditions contained
herein.
2. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect
at the time of building permit issuance.
3. 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.
4. The appl icants shall plant street trees, 15 gallon size, 30 feet on'"
center along the Poway Road frontage, and one 15 gallon tree for each
parking space within the guest and employee parking areas. .
5. The Irrigation system and the trees shall be inspected by the City of
Poway's Landscape Architect consultant. A fee for Inspection shall be
paid on a time and materials basis but not to exceed $525.00
6.
7.
No outdoor amplified sound system shall be permitted.
Bufldlngcolors shall not be modified except by approval
of Planning Services.
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Hazardous waste shall be disposed of according to County Environmental .;
Health standards. ,,'
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Resolut I on No. P-96-25 ,,'-
Page 3
Engine .repa.ir and testing shall be confined 'to the interior of work bays
only, No outdoor mechanical or assembly 'work shall be permitted
outdoors.
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10. This approval shall become null and void 1f the use has not been
established within two years from the date of' project approval.
COMPLIANCE WITH THE FOLLOWING, CONDITION IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE POWAY SHERIFF'S DEPARTMENT.
The business operator shall insure that the driveway width is adequate
to allow the safe entry of delivery vehicles so as to avoid back ups on
Poway Road. This entr;y' way shall remain unobstructed during business
and delivery hours, If the driveway entrance is found to be inadequate,
improvements to the entrance may be required.
COMPLIANCE WITH THE FOLLOWING, CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DIRECTOR OF 'SAFETY SERVICES.
1. The building shall display the 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. Building address shall also
be displayed on the roof in a manner satisfactory to the Director of
Safety Services, and meeting Sheriff's Department ASTREA criteria.
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 tnan20 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 Marshall. A 'Knox' padlock shall be
requi red for the firespri nkl er system Post Indi cator Valve.
4. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes; with appropriate signs and curb markings.
5. Minimum 2A:IOBC fire extinguisher is required for every 3,000 square
feet and 75 feet of travel distance.
6. Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building.
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. N.F.P.A. Standard 704. Hazardous Materials Labeling shall be provided as
necessary throughout the building.
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9. Flalll1lable liquid storage cabinets may be required exceeding five (5) ,"
gallons - per Uniform Fire Code.
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Acorilmerc1a.l fire sprinkler system'shaii :be required in both the ,new and
existfngportion of the building when the' futu're addition occurs: '.
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APPROVED and ADOPTED by the City Council of the City of Po way , State of
California, this 23rd day of April, 1996.
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Don Higginson, M
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I hereby certify, under the penalty
of perjury,. th,;tt~.'above and
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foregoing~- is a true ana corred
copy of ;Res~lutio~ Nok'!t ..;zs-;
as adopt.ed by/ihe City <;ouricil of
Poway, Calif;rnia on'the,l'3M
day of 0f;A,;./ :I]?'?':::.
MARJORIE K: WAHLSTEN;,CITY CLERI(
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Marjorie . Wahlsten, City Clerk
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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-96-25 , was duly adopted by"the City Council at a meeting of said City
Council held on the 23rd day of April , 1996, and that it was so
adopted by the foilo~vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, REXFORD, HIGGINSON
NONE
NONE
EMERY
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