Covenant Regarding Real Property 1998-0363935
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'~ECORDiNG REQUEST BY:
CITY OF POWAY
WHEN" REC-<:>RDED.MAIL'TO:
CITY CLERK
CITY OF POWAY
PO'BOX 789
POWAYCA92074.0789
No Transfer Tax Due
3:27
DOC _~ 1998-0363935
JUN
16. 1998 8:17 AM
OFFICIAL RECORDS
SAitDIEGO COUNlY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY fi~CORDER
FEES: 46.00
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: '1111111 1111111111111111111111~lJ~IIJ~lllll" 1111111111 1111111111111
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
. , ,I. , .
E:arl Hardesty ("OWNER" hereinafter;l"is the owner ofTeCiI property desc~ibed in,ExhibiM'whichis
attached hereto and'made a part'hereof'iindwhich is commonlykn'own as Assessor's Parcel Number 317 -
-, ..,.. , , ',' - ", - ,
151'64,("PROPERTY" hereiQafter),ln cOl)sicleration of the approval of Mihor:ConditionalUse Permit9B-02
by the City'of.Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached
resolution (Exhibit B).
This Covenant shall run wilh the land and be binding, upon and inure to the benefit of the future
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owners', encumbrancers; successors; tleirs.. personal representatives, transferees and assigns of the
respective'parties.
In the event that Miri6rCoriditional Use Permit9S,02'expires or is rescinded by City Council at the
request of the OWN ER, CITY shall expunge this Covenant. from the' record title of the'PROPERTY,
In the,everitof litigation toenforce'the;PEovisions of this Covenant, theprevaiiing party shall be entitled
to full reimbursement of 811 costs, inCluding'reasonabie attorneys' fees,iromthe other party.
Dated:
l-//-7f'
Dated:
5-{ 2;- 9A
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Earl Hardesty · ..
OWNER (Notarize)
CITY OF POWAY
By:
'RL tJ~'~tJ~
;C~lI~ORNIA ALl:-PURPA ACKNOWLEDGMENT\ . ~
"
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onr
personally appeared
// , /97~
Date'
;;;ay
before me,
u0n'e /I. Au/sor>
~ Name and Tllle of Officer (e.g" "Jane Doe,.Nolary Public")
Name(s) ofSigner(s)
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VALERIE, A, PAULSON
COMM..ill065526 "
NOTARy' PUBLIC-CALIFORNIA ~
SAN'DlEGO COUNTY -
My Comm. Exp. July 19,1999 I
D personally known to me
~roved to me on the basis of satisfactory evidence
to be the personis) whosename~a<e-subscrjllyd to the
within instrumerl ~nd acknowledged to me that ~
executed the same in @herfttreir authorized capacity~
and that by(fllsyher/tftelr.signature~ on the instrument the
person~, or the entity upon behalf of which the personM
acted, executed the instrument. / '
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OPTIONAL
Though the information below is not required by""/aw, j(may prove valuable"to persons relying on the document and could prevent
fraudulent.removai and reattachment of this form.to another document.
Description of Attached Document
Title or Type of Document: &'eA!W1~ ~ No./' ~"'71
Document Date: 5-12 - 7'.g 01-- ~ -11- 9 J9 Number of Pages: /
Signer(s) Other Than Named Above: ~c1!Ju k
C/
Capacity(ies) Claimed by Signer(s)
Signer's Name: Fl'h'Cl fI1I.,e./)Ff:,-ry
~ividual
o Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top ofth"umb here
Signer's Name:
RIGHT THUMBPRINT
OF: SIGNER -
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
o Attorney-in-Fact
D Trust~~
D Guardian or Conservator
o Other: Topeif lnumb here
Signer Is Representing:
Signer Is Representing:
@ 1996 National Notary Associalion . 8236 Remmel.Ave., P.O. Bo)( 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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EXHIBIT A
Parce12,Parcel Map No. 17631, In the City ofPoway,Coilnty of San Diego; Statei.ofCalifomia,
fitedin tl}e office of the courityrecordeiof San Diego County"on December 28; 1995 as file No,
1995-0?94065 of official records, reserving therefrom an easement and right of way for access
ingress and egress, road and utility, purposes over, under, along"and a~ross that portion lying
within'the area shown and delineatedim' said parcel map as '''propbsed private joint ingress and
egress easement",
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RESOLUTION NO. P-98-29 .
ARESO!,._UTION OF THE crrY,CbUNCIL.
OF THE CITY OF POWA Y, CALIFORNIA
,. ."-.,. .." . - - - -.-~ ~
P\PPROVING'MINORCONDITIQNAL,U.SERERMIT98"02
VARIANCE 98~07 AND.MINOR DEVE6QPMENJ REVIEW'98"14
ASSESSOR'.S PARCEL NUMBER 317c151-64
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VVHEREAS, MinarCanditianal Use Permit 98-02, Variclnce 98-07 and MillOr
Development Review 98014, submitted by Jim Piva, .Applicant. far the pLirpase af
establ.i~hil'l~:j ari equipment rental and landscapingsupplYbusiness at 12316 Oak Knall
Road,.in the CammunityBusiness:District zane; and
WHEREAS, the City Cauncil has read and considered the staff repartand has
cansidered ather eVidence presented at a public hearing held an May 12, 1998.
NOW, THEREFORE, the City Council daes hereby resalve as fallaws:
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Sectian 1: Eriviranmental Findinas:
The issuance af a Negative Declaratian with mitigatian (indicating no. significant
adverse environmental impacts are aritiCipated due to. the additiari af ,special
requirements to. the projeCt) is recammended.
Sectian 2: Findinas:
Minor;ConditionarUsePermit 98-02
t,
That the locatian,isize! design, and aperating charac!l3ristics af the approved
use will be campatible with and will nat adversely affect ar be. materially
detrimental to. adjacent uses, residents, buildings, structures,. or natural
resaurces, in that there are adjacent cammercial uses which are campatible
with arid camplimentthis use, .
2.
That'the harmanyin scale, bulk, caverage, .and denl:lity is cansistent with
adjacentuses, in that the building propased is sihgle staryandatherwise in
scalewith"surraunding businesses andthe madular building is temparary ih
nature and will be'required to. beremaved after two. years,
3.
That there are public facilities, services, and utilities available to. this
busihess,
4,
'T:hat there will nat be a harmful effect upan del)irable neighbarhaad
characteristics, in thatthe property will be improved'ta City landscape and
develapmentstandards. rhe madular'buildingwiU be improved with trellises
.and vines attached to. it in, arder to. saften and improve its averall
appearance, The sea-tainerwill be painted and trimmed to. match theaffice
buildirigiand will be screened bytf1e large pepper trees alang the west
praperty line.
P)(H/IP/T -/3 ,
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, 331
Resolution No, P-98-29
Page2
. 5, That the~generation'of traffic will not adversely impact the surrounding streets
'and/or: the City's Transportation Element in .that there is adequate oncsite
parkihg provided and. that the large pieces' of equipment owned by this
business will be stored.off-site.
6, That the site,,is suitable for the type. and intensity of use, or development
which isapp~bved,in that it is a comhlercial'use which is permitted as a
conditional Usewithin1he Community Business District zone, Similar'uses
such as Pomera'do"Poway Equipmeht Rental. Poway Nursery and KRC
Rock are located in the immediate vicinity,
7, That therewiU not be' significant harmfuLeffects upon environmental quality
and natural resources in that this is a previously disturbed site. One of"the
two large specimen deodarcedartree,siis beingtetalned inthe'Jandscaping,
The other tree was'diseased and has b!'l!'l11 removed, The rilature:California
pepper trees"are being retained along the westem property line to provide
additional screening.
8, That there' are nO.otherrelevant negative,impacts of the proposed use that
cannot be mitigated,
9. The approved usewiUnot adversely affect the City of Poway General Plari
for future aswelf'as present development.
Variance 98-07
1, The approved proje,ctis consistent with the general plan in that it proposes
the estaBlishment of a commercial land use within a commercially zoned
property Wl1iQh is located alongside similar uses including another
equipment;rental:btJsiness, a plant nursery, a landscape material yard, and
animarboarding operation,
2, That the,rea're special circumstances applicable to the property; and
because oUhis, thestrictapplicationofthe Zoning Ordinance deprives the
. property of privileges enjoyed by other properties in the vicinity under
idehticalzonihg classification.
Tl:ie'speeiai circumstance is theJacrthat there is an existing;mature deodar
cedar.tree loCated near the frohtof the:lot. Because the applicant has been
urged by city staff and surrouhdihg _neighbors to preserve the tree, it is
riece.ssai}iforthe position of the m()diJlaroffice builqing to be.shifted two feet
tome-west so thatthe nortnwest:com.er ofth~ building now encroaches two
feetinto'the required ten-footsideyard setback,
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. 332
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R~!>olution No. P-.98-29
Page 3
3., Th:atgranting the variance .or its modification is'necessary' for the
pr$servation ,and ~hjoYment of CI substantiai property right possessed by
other property in the same vicinity and zoning . for which the variance is
sought; in that other properties in the,neighbortiood have buildings
positionE~dllt orne"ar,the front setback and covering substantiallyttleentire
frontagE;l so as to maximize exposure _of the building representing the
business to the street, unencumbered by rnaturetrees or other landrnarks,
4, That granting ttie varia:nce or its modification will not be materially
detrimental to.the public health, safety, orwelfare, or injurious'to the property
or improvements in ,such vicinity and zonedn which the property islo.cated in
thaton the adjoining property, the Animal Keeper,;s front lawn/exercise and
training area is positioned directly opposite the closest cornerofthe. subject
building, The relation ofthese two elements complement each other.
5, That the granting of this variance does not constitute.a special privilege
inconsisteritwiththeilimitation upon other properties in the vicinity and zone
in that the, property' is located. in a neighborhood of mixed development
where there are .both garden/nursery type. uses, private day schools and
officebuiidihgs~The.office buildings and schools'observe,the minimum front
setbacks, asdo~s 'the plant nursetyand the existing equipment rental
building,
6,. Thatthegrariting ofthisvariancedoes not allow,the use 'of activity which is
not otherwisee5q:iressly auth()rized. by .toning develqpment r~gulations
governing the parceloiproperty in thatequiprnEll]tirentalyard~are per~itted
to locate within the Commercial Business ZOne with b'enefit ofa conditional
use permit.
Section 3: City Council DeCision:
The City {:;()uncil hereby C1Pproves Minor Conditional Use Perllli! 98-02.
Variance 98-'0? C1nd Minor Developrnerit' Review 98014 'subject to the
following. conditions:
Withiri 30 days of approval, (1) theapplkantshall submit inwriting,thatall
conditions ofapprovai have been read (lnd understood;:and (2) the property
own'er sha[l,execute a Covenadt on Real Property,
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. 333
Resolution No, Pc98-29
Page 4
COMPLIANCE WITH 'J];!E'FOLLOWIf'..!G CONDITIONS 15 REQUiRED: COMPLIANCE
SHALLBE;APPROVED BYTHE DEPARTMENT'OF PLArilMNG SERVICES.
(80l1ditions that,are mitigation measures are.marked. with an asterisk-.)
GENERAL
1, This permit shall, expire. and no longer be valid one year from the day occupancy is
granted for the use. All buildings and. equipment Ir:lstalleq under this pemiitshall be
removed, and all use cjf the property for eqLiipiner:ltJerital and landscape supply
shall cease, by thattime.:unless otherwise authorized by subsequent aCtion,
2, A report.concerning compliance withconditioriso.f this permit and impact upon
neighboring businesses shall beipreserited to the 9itY Council for their review every
90 days during the. life ofth,is permit. If the pe~riiitis npt in compliance with the
conditionsof''ilPpfoval the City Gouncil shall consider modification, or revocation of
the use permit.
3, The use condit"ionally granted by these permits shall not be conducted in such a
manner as to'interfere with the reasonable use and enjoyment of surrounding
commercial or recreatiqnal.uses.
4. No mechanical equipment,shall b.e operated before 7:00 a,m, or after 7:00 p,m,
5, Thi~ business'shall in noway use the vacantlot located directly to the north of the
si.:Jbjectsite.
6, There shall be noeqJipment loading or off-loading bff~site,
7. No large equipment maybe' brought to this site inclUding fo~ delivery; return or
servicing, Large equipment is "defined as that;vii~ith is too large or heavy to be
loaded into,.or towed bya passenger'car or pickup truck.
SITE DEVELOPMENT
1, The apprppriate Building Department approvalsjand fees shall be received priorto
initiation of construction,
2, l:heapplicant.shall comply with the latestadopted Uniform BiJilding Code and all
other applicable, codes and ordinaricesat the time of building permit issuance,
3.. :Disabled access must be provided,throughout'the facility for both employees and
customers',
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. 3.34
R13solution No, P-'98-29
PagE! 5
4, Any signs proposed 'for the subject business~must comply with City of Po way Sign
standards,
5, All landscaped areas.'shall be maintained in a healihyand thriving condition, free
from weeds, trash, ahddebris,
6. A: separate lal']dspape tJlancheck process is required, ,Plans shall be submitted to
the project planner along 'with the plan check fee' .for transmittal to the City's
Landscape Architect.
7, Landscaped areas within the adjacent publiC right"of-way shall be improved and
permanently and fUlly maintain"edby the property'oWner.
8. All landscaped areas;shall be maintained in a healthtand thriving cOlJdition. free
from weeds, trash andaebris, Trees shall be,el'1couragedand allowed to retain a
natural form. ,Pruning shall be restricted tomaintain.the health of the trees and to
protect the public safety, Unnatural or excessive pruning, including topping, is not
permitted.
9. All parking lot landscaping:shall"include a minimum. of one 15 gallon size tree for
ever'f three 'parking spaces,
*10, All outdoor storage shall'bevisually screened by view obstructing walls/fence and
gates so tha~ they are !lot yisible from Oak Knoll Road and property to the east.
The elements of particul.ar concern are the propane tank, wash rack and outdoor
equipment areas, Slats ptl~1I be installed into the 'entire length of the fence and
gates along the eastern side of the property,
*11. A separator/t1arifi!'lr~ystem for the wash rack shall,be(installed ttiat is plumbed to
the sanitary sewersysterTIand which conserves water'overall.
12, All areas where vehiCles or equipment are to be driven or stored shall be paved and
the paving.shall be mairitained in good condition,
13. Thesoutherri facade of the moduiar office structure shall be enhanced to the
satisfaction of the Director of Planning SerVices,
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335
Resolution No, P"98"'29
Page .6
COMPLIANCE/WITH THE FOLLOWING CONDITioNs is REQUIRED. COMPLIANCE
SHALL BE APPROVED BYTHE' DEPARTMENT OF EijG.INEERiNG SERVICES.
SITE DEVELOPMENT
1.. Permit and plan .check fees shall be paid upon supmittal of map, improvement
and/or grading plan, as applicable,
DevelopmenHees;;inciuding but noflimited to, domes~ic and irrigation water service
fees, remaining sewer connection, sewer,cleanout, and sewer inspection fees shall
be paid prior to huilding permit issuance.
GRADING
1. Grading of the subject property shall be in:accordance"with .the Uniform Building
Code, CilyGradfng Ordinance, approved grading plan and geotechnical report, and
ai::cepted~grading practices;
2. . A soils report, ~ball be pr~paredby a qualified engineerlicensed by.the State of
Californiatb perform su_ch-:work at first submittal of a grading/private improvement
plan,
3, The grading plan, prepared .01) a standard shee!'qfMylarata scale of 1" = 20' or
larger by. aregistered <;ivil er'jgih~er, shall be subje<<t tbreviewandapproval :by the
Planning and Engineeril)g .Services Departments andshali be completed prior to
issuance of a grading:permjt.
4, All new slopes shall be a.minimum of 2:1 (horizontal:to vertical), .
5. A fina/compaction report shall be submitted and approved prior to issuance of
building permits,
6, A certification of line and grade, preparedby'the project civil engineer, sh"all be
submitted prior.to issuanceofbuildirig permits,
7. Buildings arid parkil)g lots shall. be at-Ie~.st fiVe feet from tops and .!oesofsl9pes,
unl~l>s. 'wa.iv:ed by planning .and/or Ehgilleering SerVices Departments prior to
grading permit issuance,
8. Non"super,visedornon-engineeredfill)s specifically not allowed, Rock disposal
areas,shcill be graded in compliance'with :City-approved soils: inl.'estigations and
recommendations and grading plans,.
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. Resolution No. P-98-29
Page 7
9, Erosi6ncqritroUncluding but not limited to desiltation basins, shall be installed and
m~intained fro[ll OcL15thtb AprIl 15th. An erosion control plan shall be prepared
by the project Civil erigibe?rand shall be submitted aspartofthegrading plan. The
developer shall iha~e provIsions to insure the proper maintenance of all erosion
control devices throLighbLit'their intended life,
STREETS AND SIDEWALKS
1. All parking, lot structuratsecti9ns,shall be submitted to and approved by the Director
of Engineering Services. Pavement sections shal~:C6nform to the'minimum required
by the Poway'MiJnicipaICode'Section 12,20.080,
2. Street improvements shall include, but are not limitaCt to :
X Sidewalks
X Driveways
X Wheelchainamps
X Curb and gutter
Striping and signs
Cross gutter
Alleyg'utter
X Parking'lot'paving
Alley'paving
3, All damaged off~sitepublic works facilities, including parkway trees, shall be
repaired a'nd replaced prior to exoneration of bonds and improvements, to the
satisfaction of the Director of Engineering Services,
4, Prior to any work performe,d In the public right-of~way or City-held easements, a
right-of-way permiFshcill be obtained from 'the EngineeringServices'Department and
appropriate fees paid,ina'ddition to any permits required.
5, Driveways shall have a minimum ,width of 30 feet an(j shail be designed as an alley
apron with ten foot minimum raaius.
6, Reciprocal access al)d maintenance agreements shall be provided insuring access
to all'parcels over private roads, drives or parking'areas and maintenance thereof
to the scitisfa'ction of the Director of Engineering Services priortooccupancy,
7, Thedevelpper shall share in the cost of the improvements to the driveway and
drainage impro\(eme'ritswith the adjacentowner(Ballas Plumbing) located al'1232o
Oak Knoll Road (A.P.N. 317 -151 - 65).
DRAIN,A;GE,A;NDFLOOD CONTROL
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.' 337
Resolution No. P-98-29
Page 8
1, Intersection drains shall be required at locations specified by the Director of
Engineering Servicesandiri accordance with standard engineering practices.
2. Adrainagesystem capable of handling and disposing all surface water originating
within the project, anq all surface waters that may flow onto the project from
adjacent lands, shall be required. Said drainage system shall include any
easements and structures as required by the Director of Engineering Services to
properly handle the drainage,
3. Concentrated flows across driveways and/or sidewalks shall not be permitted.
UTILITIES
1, All proposed utilities within the project shall be .installed underground,
2. Utility easements shall be provided to the specification of the serving utility
companies and the Director of Engineering SerVices,
3, The developer shall be responsible for the relocation and undergrounding of
existing public utilities as required,
4. Water, sewer, and fire protection systems shall be designed and constructed to
meet the requiremen~s of the City of Poway and the County of San Diego
Department of Health,
5. The applicant shall pay fora water system analysis, .if required, to establish the
proper size and location of the public water system. The amount shall be
determined by the cost of the analysis and shall be paid prior to submittal of
improvement plans, Estimated amountis $1,250,00,
6. Existing telephone, gas, electric, water, sewer, and other public utility lines and
appurtenances shall be shown on the grading /improvement plans.
7. Water main lines and appurtenances that will be installed at locations other than
within public streets shall have an easement, a minimum of 20 feet wide for ea.ch:
line, dedicated to the City of Poway and shall provide a warranty boncj .for
installation of the water main(s), The:warranty bond is for a period of 12 months,
GENERAL REQUIREMENTS AND APPROVALS
1, This approval is.based on the existing site:conditions represented on the proposed
site plan, If the actual conditions vary from those. representations, the site plan must
be.changed to reflect the actual conditions, Any substantial changes to the site plan
.
.
. 338
Resolution No, P-98-29
P",ge19
must be -approved by the Director of Planning Services and the Director of
EngineedngServicesand,may require approval ofthe City Council.
2. Prior to building permit issuance, appropriate water and sewer fees shall be paid to
the City's Engineenf1g Services Department. These fees are currently in effect and
are subject to change,
Sewer Connection = $2,356.00
Sewer Cleanout = $50.00
Sewer Inspection = $25.00
Sewer Line Charge = $2,235,00 minimum.
(Fee is based on frontlinearfootage.)
Water Meter (1") = $270.00
Water Lateral = $1,430,00
County Water Authority =$2,536,00
Water Base Capacity = $6,678.00
3. The following fees shall be paid or a security:bond posted prior to issuance of a
building permit. If a seciJrity'bond is posted, payment of the fees shall be made prior
to issuance of a Certificate of Occupancy, Once payment is received in full
said security bond could be released to applicant.
Drainage
Traffic Mitigation
= $1,200,00
= $375.60
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1, Roof covering shall nieetClass A fire retardant'testingas specified in the Uniform
Building Standards no. 32-7 for fire retardant roof covering materials, per City 6f
Poway Ordinance #64,
2. Approved numbers or addresses shall be placed on the building in such a position
as to be plainly visible and legible from the street fronting the prop.erty, Said
numJ:>ers shall contrast with"their background, Address may be required at the
driveWay entrance.
3, Every building hereafter constructed shall be accessible to fire department
apparatus by way of access roadways with all-weather driving surface of not less
than 20' of unobstructed width, with adequate roadway turning radius capable of
supporting the imposed loads of fire apparatus and having a minimum of 13'6" of
.
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. 339
Resolution No, P-98-29
Page 10
vertical clearance, The road surface type shall be approved by the City Engineer,
pursuant to the City bfPoway Municipal Code,
*4, . Maximum LPG tank size is 500 gallons and shall be protected on all sides by
boilards installed to City specifications.
5, Final inspection shall be required prior to occupan.cy.
6, A 'Knox' Security Key Box shall be required for the gates, at a location determined
by the City Fire Marshal.
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. 340
Reso'iution No, P-9B-29
Page Ii
APPROVED and ADOPTED by' the City Council of the; City of Poway, State of California,
this 12th day of May,199B,
ATTEST:
~~\',.~
Don Higginso;roYOr
, l1ereby certify, _under the penalty
of periury, that th~ above and
-------.... ~r
fo'e90in9_' is; a t,u-';*and corred
copy o~Re,solution N<?'f:-1,F.,.:):r.
as adopjed. bY;th~1 City :~ouncil of
PowaY;'.California on the.! ~ bt::;
day Of'--:?r~'-' ,1~.M:
MARJORI~;.~,~ HLS~E~;CITY, CLERK
b.r-P~l,O;:~;ro~
~C;":J Cl e/k...
7 (~~ <. r) J~-C::
Marjorie K. Wahlsten, City Clerk
1 \
\. J
. STATE OF CALIFORNIA )
)SS,
COUNTY OF SAN DIEGO)
I, Ma~orie K, Wahlsten, City Clei1< of the City of Po way, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P"9B-29 , was duly
adopted by the City Council at a meeting of said City Coun_cil held on the 12th
day of May , 199B, and that it was so adopted by the following vote:
AYES:
CAFAGNA, GOLDBY, HIGGINSON
NOES:
EMERY
ABSTAIN:
NONE
ABSENT:
REXFORD
v 'J'
{ y~~ y.:: "In ).A...1.'~
Marjorie K, Wahlsten, City Clerk
City of ~ay
N:\PLANNINGIREPORliMCUP9802.2RE