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Covenant Regarding Real Property 1988-600468 . ~';:,~' :~: . . ,1'59'5 , 8:8 , 6>llJO\4JS:8 '.:",-" rr;; ',r.~::;~I" .--, I C.gic~\}B;;:1~~jl0r,:,,1 RECORDING REQUEST' BY: CITY OF POWA Y ) ) ) ) ) ) ) ) ) ) ) '} f-?:Q.'f!{i\l #"J? ~h ;'..:'..J k~t' L;_ f-:rdf= 15 \, WHEN RECORDED MAIL TO: CITY CLERK C lTY OF POWA Y P.O. BOX 789 POWAY, CA 92064 No Transfer Tax Due I_E~'Jir.;~' kE-3~iA~R i 'URF .' .AR, f MG , / , , (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 . , 12z~ 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 , ",~J J:;::::SCRIP'TICN ~~~ERNO. 102846-1 cl.s ') . ..... ). 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. r;x/1/13/T "A" ;.;.: :r, l;ENERAl ACKNOWLED,GMENT 1 r :::::}:j2~i;' .,...:, ,\.'v * y,: '':': :*. ,I~ * *. * 1597 * * * * * *. *. * * * *. * * . ** * * * * * * * * * this the.2~aYOf ~ 19 rtf, before * ~ * me, * '* * ~~, OJ), * :.!~ .* * { * ,:t:. * * -Q perssRa ll.l' ~lIuwlI Lo me * , ~p roved to me on the bas ;,S of sat is fa'ctor;y evidence : 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. _ : ~ture ~- * * * * * * ~ * * * * * * * * * *.:* * * * * * * * * * * * * * * * * * * 'K,C. TfUtBCIl * * * ~ .gC!;7V ~ If vISe L ~~~~ : . ti * ~~ *, ':~i ~1 * *"* * * * * * * *- * *, *, CountY of ;> * ~J * ~';~ *- .,~'.~ ..~ *- " ~' * 'Y * '<'.-" .~ * * [] personally known to me [] proved to me on the basis of satisfactory evidence to be the, person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed i~. WITNESS my hand and official seal. * * * * * * * ~~ * * ~Jt~, * Notary.s Signature :* ~ *- * * * * * * * * * * * * * * * * * * * * * *- * * ~ * * * * * *.* * * * * * * * *.* * * * * * * .,;i * ." * * ri * " CORPORATE ACKNOWLE~GMENT * * * * * * * * * *- * * * *, * * * ~ * * * * *- * * * * * * * * * * * *.*',*'* * * * *- * * * * * * * State of * , * County of , * * ,'- * On this the _ day of ) SS. ) 19 before me, * * the undersigned Notary Public, personally appeared * * * * * * * .;j * ;:~ * '. ~ : * * * * 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. [] personally known to me [] proved to me be the person[s) ~ * * * * ; *. ;~ * Notary's Signature ~ * * * * * * * * t + + + + * + * + + ~ + + + + + + + + * * * + ~ ~ + + ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ... ,', . ~ ,. .'."".,,.~.~_' _' .. '..,.n.""....".;~ . ~ ._:;. c.: _ . . . <. ........... ,'""H. .."''''n' ""'..' ~. _ .. ~_....,...__..--.--,:,....,....~_._.~.",.~,.. ~.. .--,"~......c"", '-'\ . . 1598 [ 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. i.~.:T i :", ~ ;;.'. I I s. 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. 1 J . ) . 1599 [ 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, .. ;.".,',.,. [-.;.." 3 . School impact fees shall be paid at a rate of $.25 per square foot prior to issuance of a building permit. r .. "'. . , 1600 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. -) .. .. 1601 r 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. I k',~ [',.."" ,.... " -1 . .. 1602 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. [ " J . '1603 " . 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, , . -# -'\ . . 1604 r 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, I I I '., J,........." '. "- '-, I . . 1605 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: -'/\" ' 1/ ,:"i I ,I .j '!~tL,\Lc-u... ,,"- Uv(d";'~ l\1arjorie K. Wahlsten, City Clerk '- . 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 1..- ') / .. , . ) (\~LL'~<' k )l;6.II-'Xi,_ Marjorle K. Wahlsten, Clty Clerk R/R-10-11,8-15 City of Poway " --)