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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 , . ,. ) AF: 13.00 WHEN RECORDED MAIL T0:) MF: 1. 00 ) CITY CLERK ) CITY OF POWAY ) fl.p. BOX 789) tft POWAY, CA 92064 ) \. ~ ) 0 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 I~ the event that Conditional Use Permit 91-04 and Development Review 91-ll expire or are rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record " tiUe of the PROPERTY.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. Dot,d, Y1'1 at' ,'AI 1 q qll/;;;;;;~~'j, ~ f owN . (NO't r,i")' Dated: '1#7 /~ /99/ CITY OF POWAY By ~N""d0Jt.~t.,..~t/~ c o ,nee 0' 0 arlze) i} l~ . .- -- ~Et-I!ORAL,ACKNOWLI;[)GMENT 726 NO, 201 . , ) , ! 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* * * * * * * * * * * * * ~--,- 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~ I' ,< . . ~. ," .. -- "'';'':.. --, 'iffitu.. a;saumoo . .- 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 R:2 ,. , , ; · · 7- :!8 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. , ; . . 729 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. .' . . 730 Resolution No. P- 91-29 r- page 3 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, , . . . 731 Resolution No. p- 91-29 F Page 4 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. r ," : ' . . . 732 Resolution No. p-91- 29 F Page 5 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. ~ . .....; -. . .~. . F3J ~ Resolution No. p-91-29 'r- Page 6 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. . .~ -'.' . · · ~1 ..;- Resolution No. p-91-29 F Page 7 '"" 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 . - - -, -.... ~. - .. - , -; .._r .-" , --., -.... - "Of 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 . . Sercv::Dtes,. . .' . . 'l:ts , .-r~ Resolution No. p,~91-29 r Page 8 " . 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. i 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. ~' ~~.. - . ~.;" . . . . /- , Re,solut'ion No. P-91-29 ;- F Page 9 de . . . 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 ,'. . ",. -...... -"-, .... ,-- - ,-,' ... 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. ' l --- ~ .- ,,".' -'" . . ?J7 ;i'" " ~ Resolution No. P- ~1-29 [=' Page 10 , - ' . APPROVED and ""DOPTED by the City Council of the ,ity of Poway, · Stat~ of Dalifornia, this 14th day of May 991. .' \...{ //- t' -',/ - /{./ /' '---- // . C'\.... . Jan Goldsmith, Mayor \ A':['.TE,ST; ________.) ( / ~~ ',/ ' " . //dJI/1. '. ...... 'l jl,<.!Lzt; 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 ..''----..~/J c:::...~/ I .7 ./ -h __ ,~)? M "/'/1.' 111///1/ /O.'t:zIt1 Marjor:ie/K. 'WahIs"teh, ,;City Clerk __ ~ _ _ _ _ _ cAty,",of Poway. REPORT\CUP91 04,. RES.