Covenant Regarding Real Property 1987-251503
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1987 MA'Y -7 .~m W:.18
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RECORDING REQUEST BY:
CITY OF POWAY
WHEN' RECORDED MAIL TO:
,CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWA Y, ,CA 92064
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No. Transfer Tax Due
(This space for Recorder's use)
NO FEE
COVENANT REGARDING REAL PROPERTY
Argumedo and Maria Navarro ("OWNER" hereinafter) i,s the owner of real pro-
perty de'scribed in Exh..ibit A which is attached b.eretoand made a part hereof-and
whJch i ~corrmoill y known as Assessor' sparce 1 Numb!!r '323-060-53 ("PROPERTY"
hereinafter). In consideration of the ~pproval of Specific Plan 87-01 by the
City of poway ("CITY" hereinafter), OWNER herebY Covenants and agrees for the
benefit of the CITY, to do the foll ow'i rig:
VI. LAND USE AND DEVELOPMENT STANDARDS
Thi s secti on presents site-speci fic development standards for the subject
property. The land use and development standards are divided into tnree
sections. The first section lists land uses permitted for the subject pro-
.peIty. The second section. di scusses specHi c site ,and buj 1 di.ng 'standaras, .
such as off-street parking, architecture, site utilizat,ion, landscap'ing,:
'1 i ght i ng, and s ignage. The thi rd sect i <in'efi scu5ses the pul51i c improvements
necessary to provide utilities and road acces~ to the parcel.
A. List. of Permi ttei{ 'Uses
The following land uses shall be permitted for the subject property.
Manufacturing
1. Furniture upholstei:'-ing
2, Laboratories: chemical, dental, electrical, optical, mechanical,
and medica,l
Storage and, Wholesale Trades
1, Mi n.i -storage, pub1 i c storage, and storage ,warehouses
2, Building materia Is and 1 umber storage yards andlor contractors
yards
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'Servi ces
1. Animal hospital or ve.terinary clinic for small animals and/or
office
2. Blueprinting and photocopying
3. Offices, businesses, medical professional, real estate, and
research
B. Site/Building Development Standards
Building Standards
1. Building Setbacks (minimum)
Front yard
North side yard
South side yard
Rear yard
20 Feet
o Feet
25 Feet
25 Feet
A mi n imum setback of 25 feet shall be requ i red wherever al o,t 'in
the M zone ab~ts a lot in any residential zone. The setback may
be increased by the City Council in situations where additional
distance would help to mitigate or alleviate potential problems or
hazards.
Distance between
detached structures
on the same lot
measured in l'inear
feet between eaves.
15 Feet
2. Parking Setbacks
Parking spaces may encroach to within five feet of the property
line in the required side and/or rear yard setbacks.
3. Lot Coverage
The lot coverage sha 11 mean th'e ratio between the ground floor
area of the bUilding(s) and the, net area of the lot. This ratio
sha llnot'exceed'4o' percent. "
4. Building Height
The b~ilding he;~ht of any structure shall not exceed 35 feet or
two stories, whichever is less.
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5. Noise Attenuation
An eight-foot hi~h" tan, slump-blotkwall shall be erected on the
east and south property 1 ines. .SaJd ,wa.ll !'lay be reduced to six
feet in height if the pad elevation of the subject lcft is four
feet greater' in height than the adjacent property.
6. Specfal Requirements/Performance Standards
For addi tional specia 1 requi rements and devel opmenta 1 performance
standards; reference Sections 17.12.140, 150; 160, and 170 Of the
poway Zoning Development Code.
7. Lighting
Lighting of the project site shall be in conformance with the,
policies of poway Ordinance 192 and the lighting standards f,ound:
in the Zo.ning 'Development Code (Section 17.12.150.F.).
Off~Street'Parktng
Off-street parking for the project .s,ite ,sh.all b,e in con(orman,ce wit,h
Chapter J7.42 of' the Zoning Development Coile. Parking areas shall be
located so as tg not cause associated noise impacts to adjacent resi-
dential land uses..
Ar'chi tectural S'tandards
1. Materials" Th'e following materials are, permitted:
a., Wood
b. Stucco
c. Masonry block with textured surfaCe
stucco-covered wood frame structures' shall be coloredi n earthtone
shades and enhanced wi th comprim,el1tacy maJeri al s such as rou~h-
sawn wood.., ,Masonry-block ,bui 1 di ngs shan have textured surfaces
such ,as split-face or slump block. ,Metal. structures shall not be
a 1'1 owed. '
2. Building Style
Due to fhe, pa.rcel"s p,roximity toa residential area, and the fact
that the property lie~ wHhJnthe boundaries of fhePoway Road
Specific Plan, the building style should reflect a theme that is
homogenius to bbth~ '
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SiteUt,i l.i za t ;Con
The subject site, shall be deve loped and utilized in a fashion t.hat'is
transitional with,and sensitive to adjo,ining land uses. No outdoor
storage of lllaterTals is permitted and ali bay doors shall be directed
toward the north.
Landscaping
A landscape pl.an, must be submitted for City approval 'prior to,the
issuance of building permits. Mounding to a minimum of three feet in
height shall be incorporated into the front yard landscape design. A
five-foot wide planter with trees plantegev,ery ~O feet, shall g~placed
on the interior' side of any required wa'll to sonen the vjsuaJimpac,t
of the hard surfaces. A permanent landscape irrigation system sha:ll be
designed for the site and approved by the City in conjunction wlth the
landscaping plan.
Signage
Signage for any proposed project shall be in, compliance with the guide-
1 ine of the poway Comprehensive Sign Prograni.
C. Pub'li c Improvements
In order todeve)op the property in a, manrier that is, cons,istent with
City pol icies as' they relate to providing safe and adequate water,
sewer, ut i 1 ity, and road servi ce, the fo llowing pub Tic se ryi ce improve-
ments must be comp'l eted in conj unct i on wi th the deve lopment of the
parcel:
1. Clair Drive shall be dedicated to 30 feet, half stre'et width,
through the project and improved on the east side to include 32
feet of aspha ltpavement, concrete cJ.lrb, gutter, and s; dewa 1 k.
Clai r Dri.ve shall have an ultimate 60-'foot right-of~way and an
impro.vedwidtho.f AD feet.
2 . Water, sewer, and fi re protection system 1 ines shal I be E!xtE!ndect
to the southerlY termi nusbf the. pfopertyi n' alignments designed
to serve the needs of the adjace'nt 'and surrounding properties.
The e~,isting sewer and water liri~s in the vicinity of the subject
property aresh,own On ):.hE!fo:ll Cl';!,(ng !i1,ap . Said uti! i tj' Fines shall
be ,designed and .constructedto meet City of Po way and County
Heal thDepartment requirements. A. water system analysi swi ll' b,e
necessary to. determine proper line sizes andlocat.ion. Annexation
to the Sewer District will be req~ired. All electrical facilities
to and from the property shall be placed underground..
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EXHIBIT A
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PARCEL 1
ALL THAT P.ORTION OF THEWESl;, ,QV~RJf;R ()F THE SOUTHEAST QUART~ OF
,SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO SASE AND
MERIDIAN, IN niE COUNTY OF SAN DIEGO, STATE OF C.'.LIFORNIA, ACCORDING
TO 'OFFICIAL, PLAt, THEREO!";,'OES,CRIBED AS FOLLOWS: C ",'
BEG.INNING AT THE INTERSECTION OF THE NORTHERLY LINE Of SAID SOUTHEAST
QUARTER WITH 'THE EASTERLY LINE OF THEWESTE'RL"t' 260.00 FEET Of SAID
SOUTHEAST QUARTER; THENCE SOUTH 8g02S'30"EAST ALONG THE NORTHERLY
LINE OF ,SAID, SOUTHEAST QUARTER, A D,ISTANCE OF 136.00 FEETjTHENCE
SOUTH 000:P05" WESTPARALUO( WITH THE WESTERLY LINE OF SAID SOUTHEAST
QUARTER 174.16 FEET TO THE TRUE POINT OF BECINNING; THENCE CONTINUING
SOUTH 0003'05!' WE'ST 124.00 FEET TO THE NORTHERLY LINE OF THE LAND
DE.SCRlBED IN DEED TO HEZE'KIAH ADY.INS, ET UX, RECORDED SEPTEMBER 7,
1955 "RECORDER'<S F I 1:E NO. 117315 OF OFF I CIAI.': , RECORDS; THENCE ALONG
SAID liNE, NO'RTH 89025 '30" WEST PARALLEL WITH THE NORTHERLY LINE OF '
SAID SOUTHEAST QUARTER 1-36.00 FEET TO THE EASTERLY LINE OF SAID
WESTERLY 260.00 FEET OF THE SOUTHEAST :QUARTER;THENCE NORTli 0003'05" ,
EAST ALONG SAID EASTERLY LINE, 124.00 FEET TO A LINE WHICH BEARS
NORTH 89025'30" WEST, P~RALLEL WITH THE NORTHERLY LINE OF SAID
SOUTHEAST QUARTER FRO,.lTHE TRUE POINT OF BEGINNING; THENCE SOUTH
89025"0" EAST 136 FEET Ta THE TRUE POINT .oF BEGINNING.
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~RCEL 2,
," ...,---'AN"':EA~EMEf,:lT~A,ND:"'RIGHT OF;.:WAY 'F-DR ,RDAD, SE"fERr WATER, GAS,-POWER
AND TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALot~~
AND ACROSS THE WEST~RLY '28F~ET OF ALL THAT PQRTIQN .oF T~E WEST QUARTER
OF' THE SOUTHEAST ,QUARTER OF ~ECTI.oN IS,TOWNSHIP 14 SOUTH, RANGE 1
W~"ST, ~~N BERN.ARDIND BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING Ta OFFICIAL PLAT THEREOF, DESCRIBED
AS' FaLLOWS:
BEGINNING AT THE INTERSECTION OF THE NoRTHERLY LINE OF SAID SOUTH-
EAST QUARTER WITH THE EASTERLY LINE OF THE WESTERLY 260.00 FEET .oF
SAID SOUTHEAST QUARTER; THENCE' SOUTHIl9025" 30" EAST ALONG THE
NORTHERLY LINE OF SAiD 'SOUTHEAST QUARTER, A DISTANCE OF 13E'.OO
FEET; THENCE SOUTH 0003';05" WEST PARALLEL '~lnH THE WESTERLY LINE
OF SAID SOUTHEAST QUARTER ti4.16 FEET; THENCE HORTtl 89025'30" WEST
PA~ALlEL W.ITH THE NORTHERLY LINE .oF SAID SOUTHEAST QVARTER 136.00
fg~T TO T!'lE; ~SJ!'ERL:r qNE OF SAID WESTERLY 260,.0,0 FEET.' T.o THE SOUTH,..
"~ST QUARTER; THENCE NORTHOo03'OS" EAST ,ALONG sAID EASTERd LINE '
, 174.16 ';FEET TO, THE TRUE POINT OF BEGINNING. .
THE EASEMENT HEREIN DESCRIBED IS HEREBY DECLARED TO BE APPURTENANT
TO AND FOR THE USE AND, BENEF'n .oF THE PRESENT AND FUTURE OWNERS OF
ALL OR ANY PORTION OF PARCELl ABOVE.' '
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3. A drainage system capable of handling and disposing of all surface
water origi,nattngfrom the Rroperty and from adjacent lands shall
be reqiJirea. As the property, is within the 100"year floodplain,
the applicants shall comply with the requirements of the National
Flood Insurance Program and related, City ordinances. '
4. Grading for the road and building site shall be in accordance with
the City ~rading brdinance. Ordinance 77.
This .Co,venant shall riJn with the land and be binding upon ilnd inure to the
benefit of the future owners, encumbrancers, successors, hei rs, personal
representatives, transferees and assigns of th~ respective parties.
OWNER agrees that OWNER 's duti es and ob ri ga t ions under thi s Covenant are a
lien'upon the Property, Upon notice and oppo.rtuniiy to respond, the CITY may
add to the .tax bill of OWNER, ariy past due fi nanci a 1 ob I i gat ion owi ng to CITY BY
way of this tovenant. ' '
,If either party is required to incur costs t,o enforce the provisi.ons of thi's
Covenant, the prevailing party shall be entitled to full reimbursement 'of all
costs, i ncl udi ng reasonabl'e attorneys I fees, from the other party. The CITY may
assign to persons impacted by the performance of thi s Covenant the right to
enforce this Covenant against OWNER.
Dated': ---r:1'7'r~-'7--
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OWN~~1~;; jJ].
(Notarize)
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OWNER
(Notarize)
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Oa ted: tf-.?'lc~1
CITY OF POWAY
By )rJC2-t/b. k '~LJ~'t-4- ~~ Lr!&.lL-
(No need-to Notarize) ,
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GENERAL ACKNOWLEDGMENT
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~.. ~ 0,. OFfiCIAL SEAL .
': . -' EVEL YN L. MADISON t
: i Notary Public Callforma .
. '10 Q)> PnrlClpal Office In I
: San Diego County
: 4ll~"'" My Comm. Exp. Oct. 19. 1990
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7110122
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NO. 201
On this lhemday of ~ 1~ before me,
f~~JJ1~
the undersi;ned ~tary- Public, personally appeared
1!^t,(AMP 1./1 /14 711 ~ ./71. r1 Ai'-M AA
o personally known to me
1:iit proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) (f:/LR. ~ subscribed to the
within instrument, and acknowledged that ~~Y' executed it.
WITNESS my hand and official seal. {/
Notary,SS~ d 1l;{~U~
NATlONA-L NOTARY ASSOCIATION. 23012 Venlura Blvd.. P.O, Box 4625. Woodland'Hllls. CA 91364