Covenant Regarding Real Property 1991-0305364
.' :~"': ,h; . DC.: 1991-0305364
. 25-JUN-1991 08,=21 AM
(
r,' SAN DIEGO COUNTY RECORDER'S 'OFFICE
ANNETTE EVANS I COlJiHY RECORDER
RECOI<'DING REQUEST BY: ) 268 RF: 11. 00 FEES: .. 21. 00
) AE: 9.00 NA
CIT'!' OF' f50WA.Y. ) MF: 1. 00
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P,O. B0X 789 )
POWAY, CA 92064 )
) .
No Transfer Tax Due ) (This space fo~ Recorder's Use)
COVENANT .REGARDING REAL PROPERTY fh
ttf
Seyed M. Rezai, a married man as his sole and separate
property ("OWNER" hereinafter) is the owner of real property
described in Exhibit A \,!,h,:Lcp .is attached hereto and made. apart
hereof and which is commonJ.y known as Assessor" S Parcel Nunil5'ers
32'3-190-64, 58 ("PROPERTY" hereinafter). in consideration of the
~p8r'oval of Conditional Use Permit 91-02 by' the City'of Pow9Y
("CITY" hereinafter'), OWNER hereby covenants 'and agrees for th'e
'berlefit of the CITY, to abide by conditions of the attached
resolution (Exhibit B).
This Covenant shall run with the land and. be binding upon and
inure to the benefit of the future owners, encumbrancers,
success.ors., heirs, pe~soI1al representatives, transferees and
assigns of the respectivepa.rties.
In the event that conditional Use Permit 91-02 expires or is
rescinded by City Council at the request of ,the OWNER, CITY. shall
expunge this Covenant from the record title of the PROPERTY.
If' either party is,requir.ed to incur costs to enforce the
provisions of this Co.yerlant, thE! prevailing party shall be entitled
'to full reimbursement of all .costs, including reasonable attorneys'
fees, from the other pa~ty. The CITY may ,assign to persons
impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
. Dated: 6-2P-'1/ "').~,-~~ CC/
. OWNtR ( ot:adze) ( -"
Dated: /712/1" /'1'1/ CIT~ OF POWAY.
By ,/:t:-4~A rtr~d-
(No nee8 to No "arize)
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( STATE OF CALIFORNIA " -' }s 269 '0
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COUN;Y OF -, s;,~, ~'~cS'"
" On this d 0 day of aU" "L , in the year 19-'<<-,
before me<he UnderS%ned, a Notary Pu C,In and for said State, personally appeared
""'C<AL "" 1 ,,'E"'['L ,,^^,Qe.'''-UL
~~~:;r'~B~~~A;'I~~~;~ . , personally known to me
PH;.'<':;:PAL OI.FICE IN (or proved to me on the basis of satisfactory evidence) to be the person_ whose nam~_
5A;~ DI'~GO ':OiJ!.;JY t," subscribed to the within instrument, and acknowledged to me that--6l_
,..:/ Com,n,s~.lon fx" MJy 1 t9.:ti?
-...., executed it.
WITN ESS my han9 and official seal.
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'ate.
ACKNOWLEDGMENT -General-Wolcotts Form 233GA-Rev ~.82
191982 WDLCDTTS. INC. IPriceclass82)
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270
Pag}! 2
EXHIBIT "A"
PARCEL 2. 1,SSHOWN ON A PARCEL MA-P FILED IN BOOK OF PARCEL MAPS AT PAGE'
1:0'810 IN:THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OF - - - .
,.--, " '. _, "', . u_.' ''''.j..
'NOVEMBER 2, 1972, BEIN.G A PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST Q(]AATER OF THE NORTlfWEST QUARTEP. OF, SECTION 18, TOWNSHIP 1'4
SOUTH, RANGE 1 WEST, SAN BERNARDINO MEIUDIAN, IN THE COUN~rY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO U, S. GOVERNMENT SURVEY.
CLTA Standard Coverage Policy Form - 1988
. 271 .
RESOLUTION NO. P- 91-31
A RE~RLUTION OF THE CITY COUNCIL
OF THE' CI~Y .OF POWAY, CALIFORNIA
APPROVING,CONbiiIONAL USE PERMIT 9l~02
ASSESSOR"S PARCEL NUMBER 323-190-58, 64
WHEREAS., Conditional Use Permit 91-02, submitted by S,eyed
R,ezai, appl:l!cant, for the purpose of establishing a used car
dE!Cllershj.:p' at 14132 poway Road regularly came before the City
Council on May 21, 1991; and
WHEREAS, the Director of Planning Services has recommended
approval of the project subject to all conditions set forth in the
Planning Department report; and
WHEREAS, the Ci~y Council has read and considered said report
and has considered other ev,idence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findings:
The City council finds that the project~ wlll not have a
significant adverse impact on the environment and hereby
i~suesa Negative Declaration as contained in the conditions
of approval.
Section 2: Findinqs:
1. The proposed pro~ec:.t will be consHte_nt with the existing
'general plan: ahd there is a reasq,nable propability that
the project will be consistent with the proposed general
plan.
2. That the location, size, design, and operating
characteri~tics of :tiheproposed use will be compatible
with adjacent uses; in that the proposed automobile. sales
bysiness )adjoins other 'comm!3rcial uses on two sides and
where it adjoins residential uses, the conditions of
approval r'eqliire. construction of .an, eight foot block wall
and a landscape buffer to separate the two uses.
3. That the harmony in :;;cale, bulk;, ,cciverage, and density is
consistent withtheaqj acent u,ses);iri that the permanent
facility will be simil!ar in size to adjacent commercial
buildings.
4. That there are available public facilities, services, and
uj;il'ities; in that sewer and water, service is available
for the project; in that the sewer units were allocated
to the site through approval of the original building
permit.
272
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Resolution No. P-91-31
Page 2
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,; :5. That 'there. wIll be no harmful effect upon desirable
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ne~ghborhoQd char,acteristics as the proJect 's 'activities
will be buffered from adjacent buslnesses and residences,
by ,walls and landscaping.
6. 'l'hat t,he genE:lratibn of traffic will nqi? adversely ilTlpact
the surrounding, streets and/or the C.l,ty" s. Circulation.
Element; In that the Circulation Element assumed a
manUfacturing Ocr_' [auto-related use on thIs site and the
levels of haffi'c g(:lnerated by thisproj ect will not
exceed levels normally expected' ,of those types of uses .
7. That the site is suitBoble for the, type and intensity of
use or development which is proposed, in that the size
.Bond toppgraphy ot the site will accommodate the Pfopose~
develo~ment witho~t the need for excessive grading and
the lot coverage is. well below the maximum whichwbuld be
permitted 'by zone standards.
8. That there will .not be significant 'harmful effects upon
env.ironmentalqua;Lity and natural 'resources in that the
site does not contain significant natUral features or
resources due to previous ,disturbance ,and to the fa'ct
that it is surrounded by existing commercial, industrial,.
and residential development on all sides.
9. That there are.no other relevant negative impacts of the
proposed use that cannot be mitigated because the
coria{ tIans oflapproyal inclu,de mitj,gatlon mea'sureswhich
addr;ess all potential adverse.impacts.
10,. '.I;hattheimpactsiaf;, described above"and the location of
the' proposed.,use~ill not advepselyaffect the City of
poway General 'plan for fut~r~ 'a~ well as present
development; in that the General PJ,an d'esignates the site
for commer,cial use and adjacent land has already been
fully developed.
;Section 3: City Council Decision:
The CHy Council hereby approves Cond'f.tional Use Permit9h02
subj ect to the followihgcondiHons:: ..
i. wij;hin 30 days of approval: (1 ) The applicant shall
submit in writing that aD cohdl'biohs of approval have
been. read and understo()d ; Bond ( 2) the prbpertyowner
shall execute a Covenant on Real Property.
2. The use cbhdi tionally granted by thispermlt shall.not be
conducted ih such a manner as to interfere with the
rea'sonable use and enjoyment of surrounding residential
and commercial uses.
'273 ,
" Resolution No. P-91-31
p~ge 3
APPLICANT .SHALL CONTApr T~HE DEPARTMENT OF PLANNING SERVICES
RE~DI~G C;:OMPLIANCEWITH THE FOLLOWING CONDITIONS :
SITE DEVE-LOPMENT
1. A fQl.lndation support and seismic tie-down design must pe
submitted to and approved by the Building Division prior to'
building permit issuance.
*2. If exterior metal halide lights 'are used, they shall be
equipped with an automatic timing device which turns the
lights off at D:OOp.m. The lighting plan for the car
storage area shall be designed in such a manner that the
light.s are directed away ~nd do not shine upon the
residemtially zonec] pr,operties. In addition, lights shall not
be located upon the building which spill light liponor' which
increase .light impacts upon said properties, and shall be of
low pressure sodium type and less than 18 feet in height.
*3. A split face conc,rElte block wall eight feetin height from '.j:hEl
highest grade of the s Lte 'sproperty line shall be constructed
and maintained at the location shown on the site plan.
* ,i,. oytdoor :>peakers are prohibited. AsubstiJ;ute paging .system
shall be approved by the Director of Planning Services.
5. The Planning Services Department shall conduct an annual
review of this permit for compliance with the conditions of
approval. ot to. address problems with. the operation of the use.
I.f. the perm-it is not in.. compliance. ,or the department has
receIved complatJ:lts, the review shall be set for a public
hearing befor,e theGi~ty <:;ouncil to ~onsider modification or
revocation of' the permit.
6. Inoperable vehicles shall not be stored on the site.
7. Site shall be developed in accordance with the approved site
plan,s on file in the 'Planning Services Department and the
conditions contained herein.
8. Revised site plans and building Ellevatj,ons incorporating all
condi tions of. apprpval shall be s\!bmitted to the Planning
Services Department prior to .issuance of building permits.
9 . Apprqval of this request 'shali 'hot waive compliance with all
sections 'of the zoning Deve~opmerit Code and all other
applicable City Ordinances in effect at the time of building
permit issuance.
10. Prior to any use of the project site or business .activity
being commenced thereon, all conditions: of 'approval contained
he.rein shall be completed to the satisfaction of the Director
of Planning Services.
e- 274 .
Resolution No. P-,91-31
page 4
11. All i~te,riorar.eas of! the building must be accessiple to the
disabled 'fnaccord'ance with Title, 2.4., state of CaI'ifornia
'Building Standards Code including all restroom facfiit'fes:.
12. . The proposed openings in the exJerior walls of thebullding,
! particularly the south side, will effect the lateral stability
of the' structure. Complete structur,al calculations and,
I d~tailswill be required at the time of submittal for building
, code and structural plan check.
13. The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
I National Electric Code, Uniform Fire Code, and all other
I applicable codes and ordinances in effect at the time of
building permit issuance.
14. This approval shall become null and void on May 21, 1993 if
building permits are not issued. H,owever, renovation of the
building in order to render it safe shall commence no later
than 60 days from this approval.
PARKING AND VEHICULAR ACCESS
1.. '~ll parking lot landscaping shall con?ist of a minimum of one
IS gallon size tree for every three ?paces. For parking lot
islands, a minimum 12 inch wide walk adj acent to parking
stalls shall be provided and be separated .from vehicular areas
by a six inch high,six inch wide portland concrete cement
curbing.
2. All two-way traffic aisles shall be a,minimum of 24. feet wide
and emergencyacces~ shall be provided, maintained free and
. . during
clear, a minimum of 24 feet wide at all times
construction in accordance with Safe,ty Services Department
requirements.
3. A 'minimum of two parking spaces for the disabled must be
provid.::ld based on the total number of parking spaces shown.
E!3ch dl'sabled parking stall must be nine feet wide with an
adjacent five foot wide striped access lane.
4. All parking spaces shall be double striped.
S. The car storage area shall be fenced, paved, and landscaped.
LANDSCAPING
1. A detailed;drought tolerantland,scapeand low flow irrigation
plan shall 'be submitted to and approved by the City Landscape
Architect prior to the issuance of building permits.
2. street trees, a mintlllum of IS gallon size or larger, shall be
installed in accordance with the City of poway ordinance and
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27~esolution No. P-91-31
Page 5
shaIl pe planted :at. an average of ev.ery 30 feet on Olive Tre,e,
Lane ancl 20 .feet' on Poway, 'Road.
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3. An landscaped, areas shall ,be maintained in a l1E!.a1:thy and
thriNing condition, free from weeds ,trash, and debris. Th~
trees shall be encour.aged and allcowed to retain .a natural
form. Pruning shall be restricted to maintain the health of
the trees and to protect the public saf,t3,ty. Unnatural or
excessive pruning is not permitted. ..
SIGNS
I Any signs proposed fOr this development shall be designed and
, approved in conformapce with the Sign Ordinance.
A~PLICANT SHALL CONTAcr THE DEPARTMENT OF ENGINEERING SERvn::ES
REGARDING COMPLIANCE WITH THE FOLLOWINGCONnITIONS:
;'
GRADING
1. A r:ight-of~waypermit shall be obtained from the C.:i.ty's
Engineer,ing Se'rvices Department for any work to be done within
the public street right-of-way or any City-held easement..
I Said work' shall- include, but is not to be limited to,
I construction of d'rlveway approach, sewer later.al installation,
I ,'water service line installation, street construction
(including concrete curb, gutter, and sidewalk). Permit shall
be obtained prior to starto.f work.
2. An damag:ed off-site public work;> fi:lcJHttes, including-parkway
trees, shal-l be repaired ,orrepli:lc:eqprior toexonerat-ioh of
bonds: .and.improvemenj;s, to the satisfai::tionof the Department
of Engineering s,ervices..
3,. P,rior to any work being 'per-formed in the public right-of-.way,
a right-of-way permit shall be obtained 'from the Engineering
Services office; and appropriate fees paid, in addition to any
other permits required.
STREETS AND. SIDEWALKS
1. The driveway opening on poway Road shall be closed.
2. Remove and replace broken concrete<curb, gutter, and sidewalk
along t:he ,southerly side of Po.way Rq,ad contiguous wlththe
proper:tyfrontage. Replacements 'shall be per City of poway
specifications.
APPLICANT SHALL CONTAcr THE DEPARTMENT OF SAFETY SERVICES
- ,.,. - ." . -. ~". , - " . 0' . . . ...,. - . ,,~.
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Roof COVt3ring shall be fir:e ~etardaritas per Uniform Building
Code Section 3203(e)and'City of Po way Ordinance No. 64.
". 276 .
Resolution No.: P-91-31
. page 6
2. The puil(:lings shall aispl.ay their q~m,e~ic address ina )Tianner
.visf.ble:~fr.om..the 9,ccess 5,tieet,. Building addresses shall also
. be displayed on the roof in a manner satJsfactoq to Oie
..1 Dir,ec:tot 6f Safety Servi~es . Mirlimum size of building numb~.Fs
! is six inches on ,facade of building. Address to be 1.4132
I poway Road not 14240 poway Road.
J.
J 3. The buildings win be required to install a11 approved fire
i: 'sprinkler system. The entire system is' ,to be monitored bya
! central monitoring agency. A system post :indicator valve with
i tamper switch, also monitored, is to be located by the City
Fire Marshal prior to installation. .
4. The addition of op.-;site fire hydrants is required. The
location of the hydrants shall be determined by the City Fire
Marshal.
'5. Material Safety Data: Sheets shall be required for all
hazardous and/or toxic substances used'. in each building.
6. If necessary, an' Emergency Contingency plan and Hazardous
MateIials Discldsure is required ,to be filed with the County
of San Diego Department of Health and copies provided to the
Fire Department.
7. Additional a.ccess roadways for fire apparatus is required to
provide access to the gate to the rear of Lincoln Center and
additional access to the se1.f-stor:age business. The access
shall be designated as fire lanes with appropriate signs and
curb markings.
8. A knox security system bdx ahd padlock shall be required for
each building and,post Indicator ~alve.
APPROVED and ADOPTED by. the City counci:l of the City of Poway,
state of California, this 21st day of May, .1991.
Nayor
ATTEST:
'1<' 1V~ fA.-
'K. Wahlsten, City Clerk