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Covenant Regarding Real Property 1988-491217 >, " 24 1/9 88 tIlW2'I7 r- REWR[;EQ iN ---, I Of~~!CJ,.'\l f~ECC;ROS J fDr'$.!\,-; :::!U~\~ ~,_';:;Uo..~iY. G.:\.~ :.- . ,.- '.; ..r . " ciTY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ) ) 1 1 ) ) ) ) 1 1 1 ) "',p, ~1:''' 2 ", .... "0: (}C 0"" .....,.:...:.-f .'J ~ll 10 RECORDING REQUEST BY: 0,_, ' _ ~ '/~.R.~. L. LYLEij I ,:~f"_I'~i7'''' ;:-:::-::n;;>o- en l__.-::....~' .'a I . ,,"-.,_-l;., <..,,, ~{r ___ ,I No Transfer Tax Due (This spac~ for Recorder's use) COVENANT REGARDING REAL PROPERTY , R & R Partners ~ Poway,._a General partnership ("OW~.ER" hereinafter) is the owner of ro,ea 1 propertY' .described as Parcels 1 through 10 inc 1 usi ve, of Parcel Map No. 14824, in the city of Poway, County of San Di ego, State of Cali forni a, according to map onffleiri: th,e office of the .COiJ}lty Recorder of San Diego County, May 27, 1987 ,aM ma<l.e a part hereof and:~hich is commonly known as Assessor's Parcel Number;s314-710-13, 16, 18,19, 20 ("PROPERTY" hereinafter). In consideration of the ,approval of Conditional .use Permit 88-15 and Development Review 88-16 by the City"Of Poway ("CITY" hereinafter). OWNER hereby covenants and agrees for tile benefit .of the CITY, to abide by conditions of the attached resolution (Exhibit Al. This Covenant shallwn with the land and be b.inding upon and inure to the benefi t of the future owners', encumbrancers, successors, hei rs, personal representatives, transferees and assigns of the respective parties. OWNER agrees that OWNER's dllties and ob)igatto(1s under thi s Covenant are a 1 ien upon the Property. Upon notice and opportunity to respond, the CITY may add to the tax bill of OWNER any past due financi'al obligation owing to CITY BY way of this Covenant. ", . If either party is ~~quired to incur costs to enforce the provisions of this Covenant, the prevai,l}ng party shall be entitled to full reimbursement of all costs, including reasonabl'eattorneys' fees, from tile other party. The CITY may ass,i gn to persons imp'acted, by the performance of " ovenant the ri ght to enforce thi s Covenant against OWNER. ' Dated: ~. \2." t<1.8 oS Dated: ,~JtU If /9t1 CITY OF POWAY By ~ tJ~ - aJ,~ No nee to Not' i ze , .. .. I, -,~ CAT. NO. NN00630 TO 21946 CA (1-83) (Partnership) STATE OF CALIFORNIA COUNTY OF ORANGE v 25 t On SEPTEMBER 12, 1988 said State, personally appeared -1' .. . TICOR TiTlE INSURANCE } ~. before me, the undersigned, a Notary Public in and for ROGER A. MOHRHOFF ~ ~ ~ % ~ E c Ii ~ - , personally known to me or iieaved to me on the basis. of satisfactory evidence to be the person _ who executed the within instrument as ONE C?f the partners of the partnership that executed the within instrument, and acknowledged to me. that,such p ership executed the same. WITNESS my h hd a official se ,,' Signature .:~ Q- OFFICIAL SEAL ,-, J. McCOMAS NOTARY PUBUC . CAijfORNIA . ORANGE COUNlY My Comm, ElpiIlS Mardl 30, 1990 (This area for official notarial sean '. . v' 26 . ( RESOLUTION NO,. P-88- 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROV IN!; COND ITlONAL USE PERMIT 88-15 AN.D DEVELOPMENT REV'IEW88:"16 ASSESSOR'S PARCEL NUMBER 314-710-13, 16, 18, 19, 20 WHEREAS, Conditional Use Permit 88-15 and Development Review 88~I6, sub- mitJed by R &,R Partners - Poway, applicant, requests to construct six new buildings totaling 77 ,341 square feet within a previously approved community shopping center and utilize 1,30.0. square feet in ,one building as a drive through quick-lube; the property is located at 14713 and 14843 - 14929 Pomerado Road; and WHEREAS, on September 6, 1988 the Ci ty Council he 1 d a hearing on the above referenced item. ( NOW, THEREFORE, the City Council does hereby reso Ive as follows: Section 1: Environmental Findings: The CilyCouncil finds 'that Conditiona.l Use Perlili,t 88-15 will not result in any significant impact on the environment and hereby issues a Negative Declaration. The City Council also finds that the environmental impacts associated with Development Review, 88-16 were 'given adequate prior review at the time tile commercia,l development and site plan was originally approved on May 20, 1986 (DR 86-08). Section 2: Findings: Conditional Use Permit 88-15 1. That the location, size, design, and operating characteristics of the proposed use wi 11 be compatib 1 e wi th and wi 11 not adversely affect or be materially detrimental to adjacent 'uses, residents, buildings, structures, or natural resources; in that the auto service use will adjoin cOlTl11ercial uses ,on three sides and the quick-lube use wi,ll not generate excessive noise or any other impact which would be detrimental 'to adjacent 'uses,. ' 2. That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses" in that the propose~ building is arChitecturally compatible with exist,ing commercial buildings on the site. 3. That there are available public facilities, services, and utilities; in that sewer and water service is available for the project. l ( c \," . . - 27 Resolution No..P- 88-97 Page 2 A". 'That there wi 11 not be a harmful effect upon desirable ne,ighborhood cnaracteri sti'c s; because the prOjec,t is phys i ca llyseparated from res i- den'tta 1 development. 'in the vicinity andi s'designed to blend with adja, cent commercial uses. That the generation of traffic wi II not adversely impact the surrounding stre,ets and/or the City's Circulation Element; in that the Circulation E-lementassumed Commerc.i al General use, on thiss i te and the 1 eve Is of traffic generated by thi s proJect will not exceed 1 e.ve 1 s nor- mally expected of commercial development. That the site is s,uitable for the type and i,ntensity of use or develop- ment which i.s pl"oposed; in that the site .has been pr;eviousiygr.adedto provide a suftable building pad largeeilough to enable. the projec,t to meet all app l'fcabl e deve 1 opment standards. That there wiU not 'be significant harmful effects upon envi:ronmental quality' and natural resources; in that the si te no loilger cifiltafns si'gni'ficant natlJral features as it has been previously graded and pre- pared fordeve lopment. 8. That there are no other relevant negative, impacts of'the proposed use that cannot be mitigated because the conaitions of approval include mitigation measures which address all potential adverse impacts. 5. 6. 7. 9. That the impac'ts, as .described above" aDd the locatIon of the proposed use will not .adversely affect the City of Po way General Plan for future aswell as present development; in that, the General 'Plan designa:tes this site forcommer,cial development and the project is designed to be compatible with ptesent deve lopment on 'the si te. Deve Topment Rev] ew 88~16 1. That the proposed deve.1.opment is in cO!1formance wi th the Poway General P l;an, in' that the Gen\!ra 1 P Tan des ignates th.i s site for commerc i al deve- 1 opment. That tile proposed developmen~ will not,have an adverse aesthetic, healfh, sa~fety, or architectur:allYrelated impact upon aojoining pro-, perties in that the proposed buildings are architecturally com'patible with surroundihgresi dentia land coinmerci al development, andpubl i c improvements are provided to protect the health and safeiy of adjacent properties. 3. That the proposed deve lopment is incompl i ahce with the Zon i ng Ordinance in that all dev.elopmenJ standards wi II be met through project construction. 2. ~~ y . " 28 .; ( Resolution No .p" 88"97 Page 3 4. That th'e proposed development encou~'age's the orderly and harmonious " ap'peilrilnceof structures ana property wi,thin the City in Ulat the pro- .. posed bui'ldings;wi lr incorporatear:chitectur;al details ,materja,ls, ,and coJors that win be complementary to adjAcent buildings ,and the'loca- ti,on and design'of the structures meet all appl icable developmen'tstan- dai:ds. ' Seclton 3: Ci.ty Gounc,il Decision: 1. Within 30 days, 'of approval: (ll The appHcant shall submit in writing that all conMtions of approval have been read and understo()d.; ,and (2) the property' owner shall execu,te a Covenant Regarding Real Property. 2. Vie. projectshaTlmeet all appl i cab] e requirements of City Council Resolution P-86~32 and P-86-33. 3. T;heappHcant :s'hall submit revised plans 'for. approval by of Planning Services prior to building permit iSsuance. p Tans shalliMl ude the fo llowi ngcha'nges.: tile D}rector The revised ( The p,ecies tri an area on the west sJ(je of 8u.ild.i ng 1 (as shown on Attachment 5:) shall be enhanced, and shaded through use, of one or, more of the fol'lowing el,ements; 'b,uitdingoverhang, arcade. or trelHs feature; awnings, or shade trees. b. Outdoor seating areas shall be provided adjoining pedestrian walk- ways. a. b. One or twoaddi tional trees s,hall,be provided on the souths. ide of Building '6 and on the 'northwest and northeast sideofBu,i1ding E. c. Spec.ialattention shall be paid to the landscaping behind Buildings 4 and 6. Additional trees, maY be requ.ired to ensure that the loading areas are adequately screened from Twin Peaks Road.. l ~ ;~ . ( I ( l t, . . v 29 Resolution No. P-88-'97 Page 4 5. Any security 1 ights which are mounted o!l bu ild ing exteriors shall be shaded so as not to shi ne on nearby resfdenti a 1 developments. 6. Building materia,ls and colors shall be consistent w,i,th those used for theexisting'buildfngs on the site. 7. Vellicles whicll are awaiting service at the quick-lube facility shall not be permi Hed' to block dri vewayai s 1 es' and sha 11 be di'rected to parking sta nswhen necessary, 8. An access agre,emen.t shall be recorded for the project site and adjacent parcel s 314-632-45, 46, and 314-710-12 to, facil itate, the ease of vehi- cular.movement between adjacent parcels. 9. The site plan f:grtlle. project shan be revised to show a 24 foot wide acc,essto adjapent;parcel314-632-46 in a location acceptabl:e'to the Publ ic Works Director. 10. theappl icant sh'all el iminate the haulag\!, rOild and spread the excess di'rt on the park site located to the sou,th of Hi ghway 56 (APN 31'4-040-24) to the satisfaction of the Directors of Community and Public Services. 11. The applicant shall install additional landscaping at the southeast corner of Twi.n Peaks Road and Hi.ghway ,56 to the satisfaction of the Director of Community Services. 12. Toe narrow walkway./openings (between Buildings 1, 3, and 5, shops, Target, and FoodBasket) shall be gateo or otherwi se blocked to prevent pedestrian access to the satisfaction Of the Directors of Planning and Safety Services. 13. Sewer capaci tj fees/charges sha 11 be, paid prior to bu ildi ng permit fssuance for th.e remai,ning buildings on the shopping cE;!nter sit,e. 14. The dev,eloper shal.l work with the Pub.li c Servi ces Depart~ent to execute a re,imbursement agreement for publiciinprov,ements wh.ich. R&R Partners has constructed on adjacent parcels 314-632-45 and 314-632-46. 15.~arricadesshall be placed across 'the, wes'terly driveway access, to Twin ,Peaks Road,pri6r to occupancy. The type of barricades an'(j, the speci fie location Shall be subject to 'the appro~al of the Director of Public Servi ces. 16. All other fees, related to issuance of bunding permits shall be paid pri'or to sai d iSsuance. . 30 . ( Resolution, ~o.,P- 88-97 Page 5 Safety Services 1. An automatic fir'e.sprinkler system is ,required to be, installed in all bu ildings except Buil di ng E. If Buil ding E is greater,,.than .5,000 square feet. a fire sprinkler system will be required in that buiTding as well,. 2. All fire sprink.lersystemsshall be monHored and all control valves shall be equi pp'edwith an approved monitored tamper switch. 3. Des i gna,ted" fi re 1 anes'sha 11 be providedwitll proper 'curb mark fngs and signs, at locaHons identified by the City Fire Marshal. 4. The "Knox" secuf:itysystemshall be provided on all new buildings and, fi resprink 1 e,r sYstel11s. 5. Fire sprinklerpostin(jicator valves shall be marked to identify the bui,l ding to which it serves. 6. Fbr Building H ~ new quick-lube: a. All hazardous materials used ,on, the premises shall be disclosed to the County Hazardous Material s ,un,i,t and Materi al Safety Data She'etsprb\i.i'ded to Poway Department .of Safety Services. ( b. The qu i ck, lube tenant sha 11 prepare a p,l an sh.owi ng how spi 11 ed oil, so fvents, and other 1 i qu ids arehand'l ed and contro,ll ed so as not'tocrea,te a nuisance and hazard to the public. S,aid Jllan sllarl be 'submitted to the City 'for review and approval prior to occupancy' of the qui ck lube faci 1 ity. APPLICANT SHALL CONTACT THL,DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLl::OWING diNDITlo'Ns: A., SITE DEVEl,OPMENT 1. S,itieshilnl:le deye loped in accordance with, the approved s fte plans on fiTe in the Planning ServiGes Department and the condttions, contained herein, 2., Revi,sedsite plans andbuildingeleva,tionsincorporating ai l' conditions of approval shall be submi'tted to the Planning Services Department prior to iSsuance of bui 1 di ngpermi ts. 3. Appfova 1 of thi s re quest sha 11 not wa i ve compl iance wi tha 11 sections.of the Zon,i,ng Development Code' and all other applicab"e City Ordinances in ,effect at the time of buiJding 'permit issuance. l ,~ -:- . ';J 3J . ( Resol utionNo., P-88-97 P~ge 6 . , 4. Trashreceptaclessna.ll ,be enclosed by a stx' foot high masonry w,a1l. w.ith vi'ew-()bstructing gates pursuant to City standards. Location shall be sub- ject to 'approval by the Planning Services Department. All roof appurtenances, including air conditioners, shall be architect~rany integrated, s'hi eldedfrom view and sound buffered from adjacent properti es and streets as required by the Planning Services Department. 6. Prior to any use of the project site or busin:ess activity betng commenced thereon, all conditions ,of approval contained herein shall be completed to the satisfaction' of the Director of Plann,ing Services. 5. ( 7. The applicant shall compiy with the latest adopted Uniform Building Code,. Unjform Mechanica.l Code, Uniform Plumbing Code, National Electri.C Code,' Uniform Fire Code, ilnd all other applicable codes and ordinances in effect at the t,ime of building permit issuance, 8. For anew commerc.iai or industrial development, or addition to' an existing deve 1 opment, the 'a'ppli'cant sha 11 pay deveJ opment fees at the estab.ljs'hed rate. Such fees may include, but not be limited ,to: Permit and P,lan Checking Fees, Water and Sewer Service Fees, and School Fees. These fees shall be paid prior,to building permit issuance. 9. Approval of DR 88-16 ,and CUP 88-15 shallbe~9me null and void if building permits are not issue(f for thi s project withi n one year from the date of project approval. 10. Bu.i1ding identific'ati6n and/or addresses sha,ll be placed on all new and existi,ng bui'ldihgss6 ,as to be platnly visible from the street 'or access road; c:o.lor of identHication and/or addresses shall contrast with their background color. B. PARK ING AND VEHICULAR, ACCESS 1. A 11 parkfng lot 1 andscapj ng shall consj s t ofa 'ml nlmum of one fifteen (15) gal'lon ,stze tree for every three parking s'paces.. For parking lot isFands, a ,minim~m:.l'2; inch wide walk adjacent to parking galls shall be provided, and be separated from vehicu.lar ar'e'as by a six inch high, six inch wide port,land concrete cement curbing. 2. Parking lot lights shall be low pressure sodi,um and have a maximum, height of 30 feet from the finished grade of the parking :surface and be directed away from all p'roperty lines, adjacent streets and res,idences. l 3 . All two-way tra ffi c ais 1 es sha 1,1 be 'a mi,n)murn of 24 feet wi de and emergency access Shan beprov,ided, ma i nta i ned free, and clear, a mi ni mum of 24 feet wide at all times during construction in' accordance with SafetY' Services Department re qu irements . t'J. . ' . . 32 . ( Resdlution No. P-88-97 Page 7 4. A n parking spaces shaH be doub 1 e stri ped.. C. . L:A.NlisCAf> ING 1. A 'deta.iled landscape and irrigation plan shan be submitted to and approved by the Publ i c Servi ces'Department and Pl anning Services Department pri or to the issuance ,of buildTn.g permi ts, The Director .of P'l annjng Servi,ces may permit issuance .pfbuilding permits prior to approval 6f detaile'd randscape planspr;ovided the,appJi.,Gantguarantees completion of landscap,ingto the satisfaction of the: Dfrect6r of Planning Serit,ices prior to occlipancy of the buildings. 2. Al,l landscaped areas shal,l be maintained in a healthy and tllriving con- dition, free from weeds', trash, and deb'ris. D. SIGNS All .signs within the project shall conform to Comprehensive Sign plan 87-02. E. RECREATION - NONE F. EXISTING STRUGTURES- NONE C G. ADDITIONAL, APPROVALS REQUIRED - NONE APPLICANT SHALL CONTACT' THE 'PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING cONliiTIONS: H. GRADING - NONE I. STREETS AND SIDEWALKS ,- NONE J. DRAINAGE AND 'FLOOD CONTROL NONE K. UTILITIES,,- NONE L; GENERAL REQUIREMENTS AND ,APPROVALS - NONE APPRovED andfjDOPTED by the City C6unciJ 'of 'the City. of Poway, State of California; th,is 6th day ofSe'ptember, 1'988. ATTEST: l " , ,,' I' , : '<\~I..-'l_._..Jt'~{." I~c :-; ,;0.......;-\ ti.~ Marjorre K. Wahlsten, Clty Cler:k ,. . , '1133 . ( Resoluti.onNo. P-88-97 Page 8 , I " STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss'. I, Marjorie K. Wahl"sten" ,8ity Clerk of the City of Poway, do hereby certify, under the penalty. of perjury, that tile foregoing Resolution, No. P-88-97 , ,was duly adopted by the c,fty Council at a meeti ng of sai d C ity Council he 1 d on the 6th, day of September 1988, ,and that it was so adopted by the fo II owing 'vote: AYES: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY NOES: NONE ABSTAIN: NONE ABSENT: NONE; ( R/R-9-6,l-8 t/ _-"I' ..f. . ~L'_'L...........:..:--. ..~,';.~'tl'//L....~.\:...~ :~arj,orle K. '~ahlsten, Clty Clerk City of Poway \..