Covenant Regarding Real Property 1988-600468
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RECORDING REQUEST' BY:
CITY OF POWA Y
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WHEN RECORDED MAIL TO:
CITY CLERK
C lTY OF POWA Y
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
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(This space'for Recorder's use)'
COVENAN:r REGARDING REA~ PROPERTY
R. E. Huber and Betty R.Huber, husband and wife as community property
{"OWNER" hereinafter} are the ,owners of real property described in'Exhibit A which
is attached hereto and maae a part hereof and which is' commonly known as
Assessor's Parcel Num~er 317~490~02 (~PROPERTY" hereinafter). In consideration
of the approval of CorlditignalUse Permit 88-07 and Development Review 88-15 by
the City of Poway ("CHV" hereinafter) ,OWNER here.by covenants and agrees for
the benefit of the CITY, to ab.ide by conditions o,f the attached resolution
(Exhibit B).
This Covenant shall run with the land arld be binding upon and inure to the
benefi t of the future owners, encumbrancers, successors., he irs, personal
representati ves, transferees and ass i gns of the respective parties.
I n the event t~at CUP'88-07 /DR 88-15 expi re or are resc i nded 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 required to incur costs to ,enforce the provisions of this
Covenant, the prevailing, party shall be entitled to fu'll reimbursement of all
costs, i ncl udi ng reasonable, attorneys' fees, fronfthe other party. The CITY may
ass ign to persons impacted ,by the performance of thi s Covenant the ri ghtto
enforce this Covenant against bWNER.
Dated:
11/3 /88
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OWNER , .
(Notari te )
Dated:
//- 3' - E-f'
, WNER .
(Notal"; e) .
Dated:
October 11, .1988
CITY OF POWAY
By ~,tJ~ - ({J~
(No need to Not lZe
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1596
All that rortion of the N:Jrthwest Quarter of the Southeast Quarter of Section
14', Tcwnship 14 South, Range 2 West, San Bemardiro Meridian, in the County of
San Diego, State of California, according to United' States Government Survey
approved November 14, 1880, descrited as follows: .
Beginning at a p:Jint on the East line of said N:Jrth'..Jest Quarter of the Southeast
euarter of Section 14, distant thereon 1002.00 feet NOrtherly fron the Southeast
Quarter; thence West parallel with the South line of said N:Jrthwest Quarter of
t):e Southeast Quarter, 260.00 feet rrore or less to an intersection with the
,Southeasterly rine at Boad Survey I\b. 987, as the right of way for said road was
~Jeyed to the County of San Diego by deed recorded August 9, 1950, in Beck
3750, Page 458 of Official Records; thence N:Jrtheasterly along said
SC1Jtheasterly line to its N:Jrtheasterly along said Southeasterly line to its
intersecticn \o1i th iT.e East line of si'lid N:Jrth"est Quarter of iT,e ScuiT,east
Quarter 6f Section 14; thence Southerly along said East line to the Point of
Beginning .
Ecepting therefron the Easterly 42.00 feet of the I\brtherly 100.00 feet as
,cesc::ibe':l in Ceed to the County of San Die-;::J recorded August 12, 1963 as Fill'!
~;O. 141E06.
Al= excepting t.'lerefiun that rortion lying N:Jr'-J1easterly of the arc of a 25.00
feat rcdius CJr"'l.re concave Southweste!:"ly, \o;hich is tange...'lt ~'Jesterly in tr.e
Scurr,easterly line of Road Survey I\b. 1713. and "hich is taI1gentSoutherly on
U:e'.'lesterly line of the Easterly 42.C0 feet of ,iT,e first r.ereinabove cescrit€d
land; as cesc::ibe':l in deed to the County of San Diego rer..crded August 12. 1963
as File No. 141806.
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:r, l;ENERAl ACKNOWLED,GMENT
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this the.2~aYOf ~ 19 rtf, before
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OI'I~ICIAL SEAL )to' be the person(s) whose name(s) ~ su~scr.bea. *
PHYLliS CAROL MANFUL t9 the within instrument, and acknowledgea that _ *
NOTARY.PUBLlC -:C;'.UFOIHJIA I ,,€.X,e_cl!ted it. *
'SAtI OIEGO cour;rv' I'
MYcomm'''Pireo~~ ~y,~,nd ~l seal. _ :
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on behalf of the partnership, and acknowledged to me that
the partnership executed i~.
WITNESS my hand and official seal.
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On this the _ day of
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the undersigned Notary Public, personally appeared
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on the bas is of sat is factor;y ev i dence to *
who executed the within instrument as *
.or on behalf of the corporation *
therein named, and acknowledged to me that the corporation *
executed it.
WITNESS my hand and official seal.
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be the person[s)
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1598
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RESOLUTION NO. P- 88-102
A RESOLUTION OF ~HE CITY COUNCIL
OF THE CITY OF PO WAY , CALIFORN IA
APPROVING CONOITION~L ~SE ptR~I~ 88~07
AND OEVELQPMENT REVIEW'88-15
ASSESSOR '5 PARCEL NUMBER 317-490-02
WHEREAS, Conditional Use Permit 88-07 and Development Review 88-15, sub-
mitted byFlower Realty, Inc., appl icant, requests the approval of construction
of a <2',230. square foot Hower shop at 12775 Poway Road, in the CO (Commerci ill
Office) zone; and
WHEREAS, on October 11, 1988, the City Council held a duly adver):ised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
The City Council finds that this project will not have a significant adverse
impact on the environment and hereby issues a Negative Declaration with
mitigation,
Section 2: Findings:
The City Council hereby finds:
Conditional Use Permit 88-07
1. That the location, size, design, and operating characteristics of the
proposed use will be compatible with and will not adversely affect or be
materially det~imental to adjacent uses, residents, buildings, struc-
tures, or natural resources, in that a florist is found to be an
appropriate support service in a Commercial Office zone,
2. That the harmony in scale, bulk, coverag~, and density is consistent
with adjacent uses, in that .the new bu,ilding will be architecturally
integrated with the approved commercial standards including building
materials, coloration, ,and landscaping.
3. ~hat there are available public facilities, services, and utilities
available to serve the new building.
4, That there wi11 not be a harmful effect upon desirable neighborhood
characteristics since the design of the new building embodies the
required commercial community design standards as defined in the
General Pl an for POVlay Road.
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That the generation of traffic will not adversely impact surrounding
streets and/or the City's Circulation Element, in that all parking will
be contained within the site.
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Resolution No. P-88-102
Page 2
6.
That' the site is suitable for the type arid intensity of use or develop-
ment which is proposed, in that the General Plan and Zoning Development
Code allow florist shops as a commerc i a 1 use with benefi t of a con-
ditional use permit,
7, That there will not be significant harmful effects upon environmentai
qual ity and natural resources because any environmental issues rai.sed
in the Initial Study will be mitigated in the conditions of app"oval to
a level of insignificance.
,8. That the impacts, as described above, and the location of the proposed
use Iii 11' not adver5ely affect tile City of Poway General Plan for future
as well as present development because this property has been
designated for commercial uses.
Development Review 88-15
1, That the proposed development is in conformance with the Poway General
Plan because the General Plan designates the site for commercial deve-
lopment which permits florist shops with a conditional use permit.
2, The proposed dev~lopment will not have an adverse aesthetic, health,
safety, or architecturally related impacts upon adjoining properties,
3. That the proposed development is in compliance with the Zoning
Development Code in that all development standards will be met through
project construction,
4. The proposed development encourages the orderly and harmonious
appearance of .structures and properties l:iithin the City because the
proposed buil~ing will incorporate architec~ural details, materials,
and colors that are specified in the Community Design Standards of the
General PI an,
Section 3: City Council Decision:
'TheCi ty Counc i 1 hereby approves Condi ti ona I Use Permit 88-07 and
,Development Review 88-15 subject to the'following conditions:
1. Wi thi n 30 days of approval: (1) The app I i cant sha 11 submi tin wri ti ng
that all conditions of approval have been read and understood; and (2)
tile property mmer snaIl execute a Notice of Restriction on Real
Property.
2, No outdoor storage of material, or equipment shall be permitted,
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School impact fees shall be paid at a rate of $.25 per square foot
prior to issuance of a building permit.
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Resolution No. P-88-102
Page 3
4. Load'ing areas shall be screened from view of Carriage and Poway Roads
and from adjacent properties,
5, All hazardous materials used on the premises includi,ng, but not liniited
to, fumigants and pesticides" shall be disclosed to the County
Hazardous Materi als' Uni t and r1ateri a 1 Safety Data Sheets provided to
P.oway Dellartment of Safety Serv'ices,
6. Designated fire lanes shall be required, posted, and marked to the
satisfaction of the Department of Safety Services.
7. A "Knox Box" security system shall be required,'
8, Building street address numbers shall be r'equired on the roof of the
str'ucture to the satisfaction of the Department of Safety Services.
,Miscellaneous
1. The applicant shall submit a plot plan, concurrent with the submittal
of street improvement plans, showing the Tocations of existing street
lights in PowayRoad a.nd Carriage Road\'lithin a 500 foot radius of the
developments exterior boundary, Said plot plan is used to facilitate
the determinati,on' of new street light installation along the develop-
ment's frontage on Poway Road and Carriage Road,
2, The applicant shall dedicate to the City of Po way additional street
right,of-way for Carriage Road, The area to be dedicated shall be the
easterly 17 feet of the development's property. Dedication shall be
made prior to issuance of a Certificate of Occupancy,
3. Prior to building permit issuance,th? apphcaQt sD.iill, pay tg tre Ci>ty
of Poway the cost of Poway Road landscalled median and contribution
towards a med i',an 'i sJ and in Carriage Road. The amoun t of cos t and lor
contri~ution 'shall be calculated at $2~,43 per square foot of street
frontage.
4. All public impr,ovements and repair as hereinbefore mentioned shall be
completed prior to issuance of a Certificate of Occupancy,
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOIiIING COND ITIONS;
A. SHE. DEVELOPMENT
1. Sitesh,all be developed in accordance wit.h the approved site plans on file
in the Planning Services Department and the conditions contained herein.
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Resolution No. P-88,102
Page 4
2. Revised site plans and building elevations incorporating all conditions of
approval shall be subinitted to the Planning Services Department prior to
issuance of builainy permits.
3. Approval of this re'quest shall not waive compliance with all sections, of the
Zoning Development Code 'and all other appl icable City OrdinanCes i,n 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. Locati on shall be subject to
approval by 'the Planni,rigServi ces Department. .
5, All roof appurtenances, including air condi,tioners, shall be arChitecturally
integrated, shielde'd froin view and sound buffered from adjacent properties
ana streets as required by the Planning Services Department.
6, Prior to any use oJ the pr,oject site or business activity being commenced
thereon, all cond~~ions of approval contained herein shall be dompleted 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 Coae, ,National Electric Code, ,
Uniform Fire Code, and al'l other applicable codes and ordinances in effect
at the time of building permit issuance.
8. This approval Shall b'ecome null and void if building permits are not issued
for this project within one year from the date of project approval,
B. PARK ING AND VEHICULAR ACCESS
1. All parking lot lan'dscapi,ng shall consist of a, rmnlmum oJ ofle fiftegn (1;;)
ga 11 on size tree for eV,ery three park i ng spaces. For park ing' ,lot i,s lrands, a
minimum 12 inch wide wa'l~ adjacent 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. Parking lot lights shall below pressure sodium and have a max,imum height of
eightee'n (,I8) feet from the finished grade of the parking surface and be
di rected away from all property 1 ines, adjacent, streets and res i dences,
3. AJl two_way t,ra ffi c ai s 1 es shall bea mi n imum of 24 feet wi de and emergency
access sha 11 be prov,i ded, ma i nta i ned free and clear, a mi n imum of 24 feet
wide at all times during construction in accordance with Safety Services
Department requirements,
4. All parking spaces shall be double striped.
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Reso.l uti on No" P- 88-102
Page' 5
C,. LANDSCAP ING
1. A detailed landscape and iuigation plan' shall be submitted to a~d approved
by the Planning Services Department prior to the issuance of building per-
mits.
2, S,fre#,trees, a 'minimum of 15 gallon size or l,ax:ger, shall be installed in
accordance with the 'C{ty of Poway Ord i nance and sha'll be planted at an
average of every 3'0 feet on interior streets and ,20 feet on exterior
streets.
3, All landscaped areas shall be maintained in a heaHhy and thriving con-
dition, free from weeds, trash, and debris,
D. SIGNS
Any signs proposed forthi s development sha 1'1 be, des i gned and approved in
conformance with the Sign Drdinance,
E. RECREATION - NONE
F. EXISTING STRUCTURES ~ NONE
G. ADOITIONAL APPROVALS REQUIRED - NONE
APPLICANT SHALL CONTACT THE PUBLIC SERVICES OEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
H. GRADING
1. Grading, of the subject property shall be in accordanc~ w,ith tb,e Uniform,
Building Code, City GradingOrdinanc,e, approved grading plan and geotech-
nical report, and accepted grading practices,
2. A soils report shall b,e prepared.by a qualifiedengi,n'eer licensed by the
State of California to perform such work at first submittal of a grading
plan. '
3. The fi nal gradi'ng plan sha 11 be sub ject to re,v i ew and approv,a 1 by the
P lann i ng Serv ices and Pub 1 i c Serv ices Oepa rtmen t and shall be camp 1 eted
prior to issuance of the building permit,
4, A'pre_b,last survey of surrounding property shall be conducted to the satis-
faction of the City Engineer prior t6 any rock blasting. Seismic recordings
shall be taken fo~ all bl~sting and blasting shall occur only at locations
and level sapp~bved by the City Engineer.
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R'esolution No, P- 88,102
Page 6
I. STREETS AND SIDEWALKS
1.
All Circulation Element roads shall be dedicated and improved to Circulation
Element road standards and to the specificatiDns of the Director of Pubfi~
,Servi ces,
2. ,All interior and exterior public streets shall be constructed tbpublic
street 5 tahdards,
3. Sidewal'ks 4,5 feet in width shall be required 'on one side of Carriage Road
(west side).
4, Street striping ahd signing shall be installed to the satisfaction of the
Director of Public Services.
5. All street structuralsec,tions shall be submitted to, and approved by the
Director of Public Ser~ices.
6, Street improvement pl ans prepared on standard s.i ze sheets by a Regi stered
Civi 1 Enyineer shall be ,suDmi'tted for approval by the Director of Publ ic
Services, Plan check and inspection expenses sn'all be paid by the deve,
loper.
7, Street improvements that include, but are not limited to:
X a. Sidewalks e, Cross gutter
X b. D ri veways f. Alley gutter
c, Wheel ch.air ramps X g, Street pavi ng
X d. Curb and gutter h, Alley paving
shan be constructed prior to the occupancy of the business to the saHsfac-,
tion of the Director of PDblic Services,
8. ,All damaged off-site public works facilities; including parkway trees, shall
be repaired or' replaced prior to exoneration of bonds and improvements, to
the satisJaction of the Department of pubJi c Services..
9, 'Prior to any work being performed in the public right'of-way, a right,Of,way
permit shall be ob,tained from the Public Services office and appropriate
fees paid, in addition to any other permits reqDired.
10. The develo-per' shall pay the Traffic Mitigation Fee at the established rate
at the date the ii na 1 inspection or the date the Certi fi:cate of Occupancy is
issued, whiCllever occurs later but a security deposit shall be posted pr,ior
to bu,ilding permit issuance,
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Resolution No, P-88-102
Page 7
J. DRAINAGE AND FLOOD ,CONTROL
1. A drainage system capable of handling and disposing of all surface water
originating within the project, arid all surface waters that may flow onto
the'project from adjacent lands, shall be requked. Said drai.nage system
shall include any ~asements and structures as required by the Director of
Public..Serv,i,ces to properly handle the drainage, "
2. Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
3. The Master 'Plan of Drainage Fee shall be paid at the established rate in
accordance with the Draihage Ordinance at the date of final inspection or
at the date tne certificate of occupancy is issued, whichever occurs later,
but a security deposit shall be posted prior to building permit issuance.
4, Concentrated flows across driveways and/or sidewalks shall not be permitted,
K. UTILITIES
L All proposed utilities within the project shall be installed underground
including existing utilities along Circulation Element roads and/or high-
ways less than 34,5 KV,
2. Utility easements shall be provided to the specification of the serving uti-
lity companies and the Director of Public Services,
3, The developer shall be responsible for the relocation and undergrounding of
existing public utilities, as required.
4, Prior to acceptance of property for sewer servjce, annexation to the sewer
improvement area shall occur,
5, The applicant shall, within 30 days after receiv,ing approval of the con-
ditional use permit and development review, apply for a Letter of
Availability (LOA) to reserve sewerage availability and post with the City,
a nonre.funaable reservation fee equal to 2D% of the approp6ate sewerage
connection fee in effect at tne tim~ the LOA is i~sued,
6. Developer sha 11 construe tal i ght system if needea con formi ng to City of
Poway Stanaards at no cost to the public, subject to the following:
a. Cut-off luminaries shall be installed which will provide true 90 degree
cutoff and prevent projection of light above the horizontal from the
lowest point of the lamp or light emitting refractor or device.
b. All fixtures shall use a clear, low pressure sodium vapor light
sou rce,
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Reso,lution No. P-88-102
Page 8
c, Advance energy charges and District engineering charges shall be paid
by the developer.
d. Annexation to the lighting district ,shan be accomplished and evidence
of annexation shall be accomplished at the time of final inspection or
certificate of occupancy, whichever occurs first,
L. GENERAL REQUIREMENTS AND APPROVALS - NONE
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 11th day of October, 1988.
ATTEST:
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l\1arjorie K. Wahlsten, City Clerk
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STATE OF--CALIFORNIA
COUNTY OF SAN DIEGO
ss.
I, ~1arjorie K. Wah'lsten, City Clerk of the City of,Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No, P-88,102 ,was
duly adopted by the City Council at a meeting of said City Council held on th,le
'nth day of October ,1988, and that it Has so adopted by the, fo 11 owing
vote:
AYES: HIGGINSON, KRUSE; TARZY, EMERY
NOES: NONE
ABSTAIN: NONE
ABSENT: BRANNON
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Marjorle K. Wahlsten, Clty Clerk
R/R-10-11,8-15 City of Poway
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