Covenant Regarding Real Property 1991-0252925
t\~ ",':>. ~" . DOC 1 1991-"0252925
. ' 30~Mf-i, -1991 08: 18 AM
RECORDING REQUEST BY . ) 725 SAN DIEGO COUNTY RECORDER'S, OFFICE
.) ~NNETTE EU~NS, COUNTY R~CORDER 7
CITY OF POW/>,Y ) RF, IJ.OO FEES. "9.00
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WHEN RECORDED MAIL T0:) MF: 1. 00
)
CITY CLERK )
CITY OF POWAY )
fl.p. BOX 789) tft
POWAY, CA 92064 ) \. ~
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No Transfer Tax Due ) (This space for Recorder's Use) \
COVENANT REGARDING REAL PROPERTY
AK ,Properties III, a C;alifornia Limi teu Partnership ("OWNER"
hereinafter) is t~e owner of real property described in Exhibit A
which is attached hereto and made a part hereof and which is
commonly known as Assessor"s Parcel Number 317-l51-6l ("PROPERTY"
hereinafter). In consideration of the approval cif Conditional Use
Permit 9l-04 and Development Review 91'-11 by the City of poway
( "CITY" hereinafter) i OWNER hereby covenants and agrees for the
benefit 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,
successors, heirs, personal representatives, transferees and
assigns of the respective parties.
I~ the event that Conditional Use Permit 91-04 and Development
Review 91-ll expire or are rescinded by City Council at the request
of the OWNER, CITY shall expunge this Covenant from the record
" tiUe of the PROPERTY.
,
If either party is required to incur costs to enforce the
, provlsions ofthts Covenant, the prevailing party shall be entitled
to 'fu,ll.reiTl],]:)l!.r,sem.eI}t of all costs, including reasonable attorneys'
fees, f'rom the other party. The CITY may assign to persons
impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
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Dated: '1#7 /~ /99/ CITY OF POWAY
By ~N""d0Jt.~t.,..~t/~
c o ,nee 0' 0 arlze)
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~Et-I!ORAL,ACKNOWLI;[)GMENT 726 NO, 201
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! California On this the 21 th day of May '- 19 9l, before me,
State of }SS,
County of S::ln ni pen '\"P3.trici.:l 5-. Croft* * * * * * * * * * ~
the undersigned Notary Public, personally appeared
*George J Kuhrts* * * * * * * * * * * * *
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OFFICIAL SEAL
PATRICIA S, CROFT subscribed to the
Notary Public-Califomia executed it.
Sj\N DIEGO COUNTY
My Comm, Exp, Oct. 18, 1991
ATTENTION NOTARY: Although the information requested below IS OPTIONAL, it could prevent fraudulent attachment of this' certificate to another document.
THIS CERTIRCATE Title or Type of Document Covenant Regarding Real Property
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Slgner(s) Other Than Named Above
7120122 NATIONAL NOTARY ASSOC!A~N ~ a23s Remmel Ave, . P.O Box 7184 -Canoga Pa~:CA 913,)H1~
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9RIJER 00. 90869S-'K ' 27
'Ibe lam .referred ,tofu this: Report is situated in the state of California, Ccwlty of
san Dieg6; ai-Xiisdesciibed as follows:
PARCEL A.:
PARCEL 1; IN '!HE CITY OF~Y, .a:xJNI'Y OF SAN DIEm, STATE, OF CALIFORNIA, AS SHOON AT
PAGE 16072 OF PARCEL MAPS, FIlED IN WE OFFICE OF '!HE a:xJNI'Y RECORDER OF SAN DIEm
a:xJNI'Y, MAY 2, 1990.
P~B:
'AN :F.AsEME:Ni' :FOR. SE.WER i:.rnEs AND INCII:IDm\L RJRR:SESOVER, UNDER, ALONG AND ACOOSS WE
SOO'IHWESTERLY AND SCUIHFASTERLY 10.00 FEE'r OF PARCEL 2, IN '!HE CITY OF PCMAY, a:xJNI'Y
OF SAN DIEm, STATE OF CALIFORNIA, AS SHOON Kr PAGE 16072 OF PARCEL MAPS, FIlED IN
'!HE OFFICE OF '!HE a:xJNI'Y REOJRDER OF SAN DIEm a:xJNI'Y, MAY 2, 1990.
- - 12/7/90
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RESOLUTION NO. P- 91- 29
f- A RESOLUTION OF THE CITY COUNCIL
OF THE. CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 91-04 AND
DEVELOPMENT REVIEW 91-11
ASSESSOR'S PARCEL NUMBER 317-151-61
WHEREAS, Conditional Use Permit 91-04 and Development Review
91-11, submitted by Canine Companions for Independence, applicants,
for-the purpose of establishing an animal training facility on the
real property located at 12270 Oak Knoll Road in the City of Poway,
County of San Diego, State of California; and
WHEREAS, the City Council has read and considered said report
and has considered other evidence presented at the public hearing
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
The City Council hereby issues a Negative Declaration with
mitigation measures required in the area of noise impacts
l Section 2: Findinqs:
. Conditional Use Permit 91-04
1. The proposed project will be consistent with the existing
general plan and there is a reasonable probability that
the project will be consistent with the proposed general
plan.
2. That the location, size, design, and operating
characteristics of the proposed use will be compatible
with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings,
structures, or natural resources, in that surrounding
uses are all commercial or semi-public in nature.
3. That the scale, bulk, coverage, and density is consistent
with adjacent uses, ,in that all development standards of
the Zoning Developm-ent code are met. The project will
meet the appli~able property development standards for
off-street parking, setbacks, lot coverage, and building
height.
4. That there are available public facilities, services, and
utilities to serve the proposed use as all facilities and
servites can be provided for through the cQnditions of
~_ approval. The use of low water usage fixtures will be
r.equired throughout the proj~ct.
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Resolution No. p-91- 29
F Page 2
5. That there will not be a harmful effect upon desirable
neighborhood characteristics, in that the adequate sound
attenuation will be provided in the design of the
building.
6 . That the generation of traffic wi~l not adversely impact
the surrounding streets and/or the City's Circulation
Element in that a condition of approval will require the
payment of Traffic Mitigation Fees and the construction
of improvements along Oak Knoll Road, as well as adequate
off-street parking facilities.
7 . That the site is suitable for the type and intensity of
use and development proposed in that the site is located
in a commercial zone and surrounded by like uses.
8. That there will not be significant harmful effects upon
the environmental quality and natural resources.
9 . That there are no ather relevant negative impacts of the
proposed use that cannot be mitigated.
l 10. That the impacts, as described above, and the location of
the proposed use will not adversely affect the City of
poway General plan for future use as well as present
development.
Development Review 91-11
1. That the proposed development is in conformance with the
poway General Plan, in that the commercial service and
retail businesses are allowed on the commercial general
land use.
2. That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties, as noted under the
findings in the preceding section.
3. That the proposed development is in compliance with the
zoning Ordinance, in that all development standards will
be met in development of the project.
4 . The proposed developmen.t encourages, the orderly and
harmonious appearance of structures and property within
the City because it complies with the design guidelines
of the General Plan and proposes buildings that are
similar in size and architectural style to other
cOmmercial buildings in the immediate vicinity, namely
the Oak Knoll Plaza .and the ,Animal Keeper.
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Resolution No. P- 91-29
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Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 91-04
and Development Review 91-11 subj ect to the following
conditions:
1. 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 conditionally granted by this permit shall not be
conducted in such a manner as to interfere with the
reasonable use and enjoyment of surrounding residential
and commercial uses.
,
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the
l conditions contained herein.
2. Revised site plans and building elevations incorporating all
conditions of approval shall be submitted to the Planning
Services Department prior to issuance of building permits.
3. Approval of this request shall not waive compliance with all
sections of the zoning Development Code and all other
applicable City Ordinance in effect at the time of building
permit issuance.
4 . Trash receptacle shall be enclosed by a six foot high masonry
wall with view-obstructing gates pursuant to City standards.
Location shall be subject to approval by the Planning Services
Department. '
5. All roof appurtenances, including air conditioners, shall be
architecturally integrated, shielded from view and sound
buffered from adjacent properties and streets as required by
the Planning Services Department.
6. pri'or to any use of the project site or business activity
being commenced thereof, all conditions of approval contained
herein shall be completed to the satisfaction of the Director
of Planning Services.
7. The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
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Resolution No. p- 91-29
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National Electric Code, Uniform Fire Code, and all other
applicable codes and ordinances in effect at the time of
building permit issuance and shall incorporate the use of low
flow irrigation and plumbing fixtures in the building and
landscape design.
8. For a new commercial development, the applicant shall pay
development fees at the established rate. Such fees may
include, but not be limited to: Permit and plan Checking
Fees, Water and Sewer Service Fees. These fees shall be
paid prior to building permit issuance.
9. This approval shall become null and void if building permits
are not issued for this project within two years from the date
! of project approval.
PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall consist of a minimum of one
15 gallon size tree for every three spaces. For parking lot
islands, a minimum 12 inch wide walk adjacent to parking
stalls shall be provided and be separated from vehicular areas
by a six inch high, six inch wide portland concrete cement
l curbing.
2. All exterior lights shall be low pressure sodium and have a
maximum height of 18 feet from the finished grade of the
parking surface and be directed away from all property lines,
adjacent streets and residences.
3. All two-way traffic aisles shall be a minimum of 24 feet wide
and emergency access shall be provided, maintained free and
clear, a minimum of 25 feet wide at all times during
construction in accordance with Safety Services Department
requirements.
4 . All parking spaces shall be double striped.
5. A concrete walkway shall be constructed connecting the
adjacent Animal Keeper parking area with the subject property.
LANDSCAPING
1. A detailed drought tolerant landscape and low-flow irrigation
p}an shall be submitted to and approved by the Planning
Services Department prior to the issuance of building permits.
2. Street trees, a minimum of 15 gallon size or larger, shall be
installed in accordance with the tity of poway ordinance and
shall be planted at an average uf every 30 feet on interior
streets and 20 feet on exterior streets.
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Resolution No. p-91- 29
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3. All landscaped areas shall be maintained in a heal thy and
thriving condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
ADbITIONAL APPROVALS REQUIRED
*1. working drawings shall include a certification by a recognized
acoustical expert that the requirements of the City of Poway's
noise ordinan~e will be met.
*2. At the completion of construction, and prior to occupancy,
interior and exterior CNEL shall be determined by field
testing at developer's expense. Tests to be conducted by a
recognized acoustical expert. No occupancy permits shall be
granted until this condition is met to the satisfaction of the
Building Code (latest adopted edition) "Sound Transmission
Control" .
I APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
1. Grading of the subject property shall be in accordance with
the Uniform Building Code, City Grading Ordinance, approved
grading plan and geotechnical report, and accepted grading
practices.
2 . A soils report shall be prepared by a qualified engineer
licensed by the State of California to perform such work prior
to building permit issuance.
STREETS AND SIDEWALKS .
1. The applicant's Civil Engineer shall prepare an analysis for
safe sight distance determination along that horizontal curve
of Oak Knoll Road for vehicles exiting the property. Said
analysis shall be submitted concurrent with the first
submittal of street. improvement plan. Sight distance shall .be
based upon a design s~eed of 35 mph.
2. Should it be found that the line of sight for safe sight
distqnce is outside the street right-of-way, an easement for
cle.ar space and/or additional street right-of-way shall be
dedicated to the City prior to building permit issuance.
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Resolution No. p-91-29
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3 "Th~ nor.therly half of Oak Knoll Road fronting the development .
:shall be improv,ed to City's Circulation Element - Local
Colle'ctor Standil:fds.. Improvement shall include, but is not to
be limited to, paving the half street .width of 20 feet,
constructiono~ concrete curb, gutter, sidewalk, and
installation of street lights.
4. Applicant and/or owner. shall prepare a plot plan showing the.
rotations of existing street lights along Oak Knoll Ro?d
,w:H:hin 'a 500 ,foot radius fr.om the outside limits of the
property for use in the determination of the location of the
new street lights ..,said plot plan spall be ;o;ubmitted
concurrently with the first submittal oLOak Knoll Road street
improv,ement plan to the City's Engin'eerih'g Services
Department.
The above-mentioned. improvement plansha,il be prepared and
shall meet tile City EI}gineer' s approval wi threquired
securities poste.dand. stcmdard agreement; fOJ:" con.struction
'executed prior to. building permit issuanc,e. Complet ion of
improvements shall be done prior to issuance of a Certificate
of Occupancy.
[ 5. All CirCul.at'ion Ele[j)ent rO,ads shall .b.e. d.edicated and improved
to Circulation Element road standards and to the
.. " specification~ of the Director of Engineering Services..
6.. Sidewalks 4.5 feet in width, shall be required on one 'side of
~ak Knoll Road (northeast side).
7 .str~et s,triping and signing shall be installed to the
satis,faction' of the ,Dir,ector of Engineering Services.
8. All street st:ructutal sections shall be submitted to and
approved by the Ditector of Engineering Services.
9. Stf~et improvement plans prepared oQ standa~d size ~heets by
a Registered Civil Engineer sha~l be submitted for approval by
the Director of EngineeringSer:vices. plan check and
inspection expenses shall be paid ~y the developer.
10. stree,t improyements that'include, but are not limited to:
.
x Sidewalks Cross gutter
X Driveways Alley gutter
Wheel chair ramps X Street paving
X Curb and gutter Alley paving
,shall qe constructed: prior to the occupancy of the bu:Hding to
the .satisfa~tion' of the Director of Engineering Services.
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Resolution No. p-91-29
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'"" lcL :All damaged off-site public works facilities, including
parkway trees., shall be repaired or replaced prior to
exone~ation of ponds and improvements, to the satisfaction of
the Department 0'[ Engineering Services.
12. Prior to any worJ< being performed in the public right-of-way,
an encroachment' :permit shall be obtained from the Engineer.ing
Services Department and appropriate .fees paid, in adClition to.
any .other permi ts. ~equired.
* 13. The developer shall pay the Traffic Mitigation Fee at the
established rate at,'the date the final inspection or the date
.the Cert'ificate of Occupancy is issued, whichever occurs
later,
! ,DRAINAGE AND FLOOD CONTROL
1. Intersection, ,drains will be required at locations sp,ecified by
the Dire'!ctor 'of Engineerihg Services and in accordance with
standard en'gineerin'g practices.
2. The proP9sed project fall~, within areas indicated as subject
to flood'fng under the National Flood Insurance Program and is
(' subj ect to' the p~ovisions of that program and City Ordinance.
3. :A drainage system capable: of handling and disposing of al:l
surface water orig,:rnating,within the property, and :all surface
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watercs that may flow onto the property' from. ad] acent lands,
shall ,be required. SaId drainage system shall include any
easements and structures asrequir,e.d by the Director of
Engineering Services to propeily handle the drainage,
4. Por,tlilnd cementc'cjncrefe cross gtfEters 'shall be installed
where water crosses the roadways.
*5. The Master plan of Drainage Fee shall be paid at the
esta,bl:r:o,h,ed rate in accordance, with the Drainage Ordinance
prior to 'building permit issuance.
6.. Concentra,ted flow's aC!:"QSS driveways and/or sidewalks shall not
be permitted.
UT,ILIT'IES
L All.. piociposed utilities within the project shall be installed
under.ground including existing, utilities along Circulation
Element roads and/or highways less than 34.5 KV.
,2" ytiHty~,aseIl)en:t};shaL1 be provided to the' specificahon of
fhe s,ervi:ngutilityco-m~an:ie's and ',the Dircectbi:c of Engineering
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Resolution No. p,~91-29
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. 3. Thl? d'evelop-er shall be responsible, for the relocation and
. under.grounding of existing public utilities as required wi thin
two years from the date of building otcup'ancy.
4. Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the City of
poway and the County of San Diego Department of Health.
5. P~ior to acceptance of property for sewer service, annexation
to 'the sewer improvement area shall occur.
6. The applicant shall pay for a water system analysis to
establish the proper size and location for .the public' water
sYstem. The amount wi'll be determin'ed by the cost 6fthe
~nalysis and shall be paid upon demand by the City.
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7 . The applicant shall, within 30 days after' receiving approval
of the conditional use permit and development r.eview apply ,for
a Letter, of Availability (LOA) to reserve sewerage
availability and ,post with the City, a nonrefundable
reservation fee equal. to 20% of the appropriate sewerage
connection fee in effect at the time the LoA is issued, Five
EDUs of sewer capa~ity will be needed for this development,
l four for plumbing fixtur'es. and one for the kennel.
'~. 8. Developer .shali construct a. light system conforming to City of
poway standards at no cost to the public, subj ect to the
f()],lowing:
a. Cut-off luminaries shall b,e installed which will provide
tr.ue 90 degree cutoff and prevent proj ection of light
above the ,hor'izontal from the lowe'st point of the lamp or
light emitting reTractor or device.
b. Allffxtures shall use a clear, 'low pressure sodium vapor
light source..
c. l\.Qyance energy charges and District engineering charges
shall be paid by the developer.
d. Annexation to the lighting district shall be accomplished
and evidence 6f annexation shall be accomplished at the
time' o'f fina'l inspect'ion or Certif,icate of Occupancy,
whichever occur,s la-ter...
9. Cable television services shall be provided and installed
undergHlund'. The developer shall notify the cable company
when trenching for utilities is to be accomplished.
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. . . APPLIcANT SHALL CONTACfTHE DEPARTMENT OF SAFETY SERVICES
. )lEGARDING COMPLIANC'j;; WITH THE FOLLOWING CbND1'l'IONS:
L. Roof coverihg shall be fire retardant as per Uniform Building
Standards No. 3203(8) and City of poway .Ordinance No. 64.
2.. The buildings shall display their numeric address in a manner
visible from the access street. Building addresses shall also
lJe qisplayed on tile roof in a !TIarmer, satisfactory to,the
Director of Safely Services. Minimum size of building numbers
is six inches on facade of building.
3.. The buildings will be:requi'red,to ihstall an approved fire
,sprinkler ,system.. The entire system is to be monitored by a
c;entral mo,Ilitoring ,agency. A system.post indicator v,alve with
<'tamper switch,also",monitored, is to be located by the City
Fire Marshal p~io~ to ins~allation.
4. Material Safety Data Sheets shall be required for all
hazardous. and/or toxic substances used 'in each building.
5,. If necessary, :an Emergency Contingency plan and Hazardous
Materials Disclosure 1:8' required to;befiled with the County
[' of San Die'goDepartmerit of Heal th ahd copies prov ided to the
. Fire Departmen~.
7,.. AC,cess r.oadways for fir.e apparatus shall be designated as fire
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lanes. with ap~ropriate sigris and cur.b markings. .
8. A Knox Security System box, padlock;, and Post Indicator Valve
shall be required for each building.
APPLICANT' SHALL CONTACT THE. DEPARTMENT OF PUBLIC SERVICES REGARDING
COMPLIANCE WITfITHE FOLLOWI:NG' CONDIT I 6NS :' , -
The proj-ect:,,,ha;Ll be annexed iIltoI,t1D 86-03 at a rate of 50
percenteqllaJ to' $l22/year for fiscal. year 1990-91. This rate
of ass,essrnent is subj ect tochan:ge..
,GENERAL REQUIREMENTS AND APPROVALS
*1. At no time shall anlmals be boarded or lef.t unattended outs-ide
the building. .
_ *2,-. AIL an,:!'mal ,food, and medical waste shall be disposed of in a
proper manner to prevent odor or hygiene problems.
*3'. A-l'l a'ctiv-it'ies on,site shall .be conducted so as not to violate
the Ci,ty 's '[loi'se ordinance. '
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Resolution No. P- ~1-29
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, - ' . APPROVED and ""DOPTED by the City Council of the ,ity of Poway,
· Stat~ of Dalifornia, this 14th day of May 991.
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Jan Goldsmith, Mayor
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A':['.TE,ST; ________.)
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Marjoyie! K.' WalYlsten ,.:-ci'ty Clerk
STATE OF CALIFORNIA)
') SS.
COUNTY OF SAN DIEGO )
l 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-91-29 , was duly adopted .l5y the City Council
a,t ('lmeetll1g of said City Council held on the 14th day of
May. , 199-1, and that it was so adopted by the following
vote:
""YES: EMERY, H'IGGINSON, SNESKO., GOLDSMITH
NOES.: NONE
ABSTAIN: NONE
ABSENT: ~lC INTYRE
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Marjor:ie/K. 'WahIs"teh, ,;City Clerk
__ ~ _ _ _ _ _ cAty,",of Poway.
REPORT\CUP91 04,. RES.