Covenant Regarding Real Property 2009-0459557
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DOC # 2009-0459557
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RECORDING REQUEST BY:
AUG 17,2009
1:40 PM
CITY OF"POWAY
OFFICI.6,L F1ECORDS
:;,^N DIEGO COUNT' RECORDER':" CoFFlCE
DIWID L, BUTLER. COUIH...' RECOFIDER
FEE~, J41]D
WHEN RECORDED MAIL TO:
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CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
PAGES:
9
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(This'space for Recorder's Use)
323-262-02
COVE~.hNT REGARDING REAL PROPERTY
Henry Brooks Rose III, Trustee of the East of Midland Trust dated May 4, 2.004,
PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property which is
commonly known as 13965 Poway Road, Suite A, and more fully described in Exhibit A
("PROPERTY" hereinafter).
In consideration of the approval of Minor Conditional Use Permit (MCUP) 09-03
by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the
conditions in 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, encumbrances, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that MCUP 09-03 expires or is rescinded by City Council at the
request of the OWNER, CITY shall expunge this Covenant from the record title of
the PROPERTY.
]n the event of litigation to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
Dated: P -/p 9
By
(Notarize)
Dated: l!Lf!Oq
By:
CITY OF POWAY
M:\planning\09report\mcup\09-03 Poway Smog\covenant.docx
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CALlFORINIAALL.PURPOSE ACKNOWLEDGMENT
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State of California
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On A~ \As. t- \ OI'2.aJ'i before me,
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personally appeared
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in hislher/their authorized
capacity(ies);and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
, Place Notary Seal Above
Signat
OPTIONAL
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Top (If thumb hem
Signer's Name:
D Individual
D Corporate Officer - Tille(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
DOther:
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
o Guardian or Conservator
D Other:
RIGtfT,THUMBPRINT
OF SIGNER
Top at thumb'here
Signer Is Representing:
Signer Is Representing:
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@iOO?f>.lalional N-otary Association. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313-2402. www,NalionalNolary.org Item #-5907 Aeorder:Call Toil-Free 1 800 876 6H27
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EXHIBIT "Au
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All that certain real propert;y situated in the County of San Diego, State of
California, described as.follows:
All THAT PORTION OF LOT 3 (NORTHWESTERLY QUI\p.TER OF THE
, SOUTHWESTERLY QUARTER) SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PlATTHEREOF'DESCRIBED
AS FOLLOWS;
BEGINNING AT THE NORTHEASTERLY CORNE~ OF SAID lOT 3, SAID POINT
BEING ON, THE CENTER LIf:iE OF POWAY ROAD AS SHOWN ON ROAD SURVEY
NO. 944 AND RECORE): QF~tJR\!EY .MAP NO, 1544; SAW MAP BEING,FIlED IN
THE'OFFICE OF 1;'HE COUNTY .RECORDER OF SAID COUNTY OF SAN DIEGO;
THENCE SOUTHERLY ALONG HJE EASTERLY LINE OF lOT 3, A DISTANcE OF 30
FEET TO INTERSECT THE SOUTHERLY LINE OF POWAY ROAD;
THENCE NORTH 890 15' 30!' WEST 115.08 FEET ALONG THE SOUTHERLY LINE OF
PO WAY ROAD TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 10 24' EAST 400 FEET;
THENCE NORTH 890 15' 30" WEST 108.90 FEET;
THENCE NORTH 1024' WEST 40,0 FEET TO THE SOUl:HERL Y LINE OF SAID
pow AY ROAD;
THENCE SOUTH 890 15' 30" EAST ALONG SAID SOUTHERLY LINE 108,90 FEET
TO THE TRUE POINT OF BEGINNING. '
RESOLUTION NO, P-09-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 09-03
ASSESSOR PARCEL NUMBER 323-262-02
WHEREAS, David Conno~, Applicant, and East of Midland Trust, Owner, have
submitted a request for approval:of a Minor Conditional Use Permit (MCUP) to establish
a 3,600-square-foot smog check facility, with one service bay. within Suite A of an
existing commercial building at 13965 Poway Road in the Automotive General
Commercial (AGC) zone and the Poway Road Specific Plan area; and
WHEREAS, on July 21, 2009, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: This project is Categorically Exempt as a Class 3 Categorical Exemption
from the California Environmental Quality Act (CEQA), pursuant foSection 15303 of the
CEQA Guidelines, in that the project involves the conversion of a small commercial
structure in an urbanized area that is not environmentally sensitive, and where all public
services and facilities are available.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for MCUP 09-03 to establish a 3,6,o0-square-foot smog check
facility, with one service bay, within Suite A of an existing ,c'ommercial building at 13965
Poway Road in the Automotive General Commercial (AGO) zone and the Poway Road
Specific Plan area, are as follows:
A. The location, size, design, and operating, characteristics of the proposed smog
che<ek f~cility i)re in acco[cl with the title arid purpose of Chapter 17.48 PMC
(COhditional Use Permit Regulations), the poway Road Specific Plan, the City
General Plan, and the development policies and standards of the City in that the
proposed installation is allowed with a Minor Conditional Use Permit.
The smog check facility has been sited such that it will be compatible with the
surrounding development.
B. 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, buildings, structure, or natural resources in that the
facility is zoned for the use and has been designed to comply with City
development standards.
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Resolution No, P-09~24
Page 2
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with, adjacent uses in that all activities will be conducted inside
the building,
D. There are adequate public facilities, selVices, and utilities available at the subject
site to serve the proposed use.
E. There will not be a harmful effect upon the surrounding property characteristics in
that the smog check facility will be conducted within an existing commercial
building. Noise impacts will be limited based on the type of activities allowed
within the building, the location and orientation of the roll-up doors relative to
surrounding ,development, anq the design' 01 adjacent commercial building,
Therefore, there will not be a harmful effect upoh desirable neighborhooCl
characteristics.
F. The project will have one service bay and is located within a zone designated for
auto-related uses, Therefore, the generation of traffic will not adversely impact
the capacity and physical character of the surrounding streets and/or the
Circulation Element of the General Plan, -
G, There will not be significant harmful effects upon environmental quality and
natural resour<::es, in that the site has been previously developedandcoDtai.n.~ !l.o
natural habitat resOurces,
Section 3: The City Council hereby approves MCUP 09-03, establishment of a
3,600-square-foot smog check facility, with one service,bay, within Suite A of an existing
commercial building at 13965 Poway Road in the Automotive General Commercial
(AGC) zone and the Poway Road Specific Plan area, as shown on plans dated May 8,
2009, subject to the following conditions:
A Approval of this Minor conditional Use Permit shall apply only to the subject
project, and shall not waive compliance with all other sections of the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of
Building Permit issuance
B. Within 30 days of the date of this approval, (1) the applicant shall submit in
writing that all condi.lions of approval have been read and understood, and (2) a
deed covenant witli these conditions of approval shall be recorded on the
property,
.0, The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses,
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Resolution No. P-09-24
Page 3
D. The terms and conditions of Minor Conditional Use Permit 09-03 shall be binding
upon the permittee and all persons, firms ,and corporations having an interest in
the property subject to these permits, and the heirs, executors, administrators,
successors, and assIgns of each of them, including municipal corporations,
public agencies and distritts,
E. Minor Conditional Use Permit 09-03 may be subject to annual review, as
determined by the Director of Development Services, for compliance with the
conditions of approval and to address concemsthat may have occurred during
the past year.
F, Any changes increasing' the ilJtensity of use of the operation beyond what is
being approved shall be considered as a revisiolJ totne Minor Conditional Use
Permit and may require City Council to approve the request.
G, The applicant. shall obtain a Building Permit prior to modifying the exterior or
interior, or occupying Suite A of the existing building, whichever comes first.
Prior to issuance of a Building Permit, the applicant shall comply wrth the
following:
1. The building plans shall be consistent the approved plan on file in the
Development Services Department (dated May 8. 2009), and the
conditionscoritained herein.
(Building).
2. The tenant improvements shall providedisahled access,
3. The building plans shall comply with Section 406.4 of the 2007 California
Building Code pertaining to enclosed parking garages.
(Planning)
4, The building .floor plan shall clearly delineate the location of and access to
the one approved service bay.
(Safety Services)
5, The applicant will be required to provide mechanical ventilation per the
mechanical and building codes to the satisfaction ofthe Fire Marshal.
G, Prior to obtaining final inspections from the City and/or the release of
performance and 'payment securities, the applicant shall comply with the
following:
1, The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein.
Resolution No, P-09-24
Page 4
2, The developer shall repair, to the satisfaction of the City Engineer, any
and all damages to public road improvements on Crosthwaite Circle
caused by construction activity from this project.
3, A final inspection from the appropriate City Departments will be required
H, Upon establishment of the use, the following shall apply:
1, The use of Suite A shall be limited to one service bay used for smog
testing in compliance with the current State of California definition,
including not allowing repairs except for minor repairs of components that
may have been damaged at the, station dLJring inspection, r:ninor repairs
necessary for safe'operation of the vehicle while at the site, and
reconnection of hoses or vacuum lines,
2. Any signs proposed for the use shall be designed and approved in
conformance with the PMC Sign Ordinance.
3. The testing of vehicles shall be conducted inside the building. Test driving
is prohibited in surrounding neighborhoods,
4. Hours of operations are as follows:
Monday through Friday
Saturday
8:00 a.m. to 5:00 p,m,
8:00 a,m. to 3:00 p,m.
5. All facilities and related equipment shaJI be maintained in good repair.
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight.
6. The [faCility shall be operated in such a manner as to minimize any
pOSSible disruption caused by noise, and shall comply with the noise
standards contained in Chapter 8.08 of the PMC,. At no time shall
equipment noise from any source exceed the noise standards contained in
the PMC, No loudspeaker sound amplification system shall be used to
produce sounds in violation of the Noise Ordinance, including telephone,
electric bell, or chime system.
7. All lighting fixtures shall be maintained such that they reflect light
downward and away from any road or street.
8, The owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit.
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Resolution No, P-09-24
Page 5
9.
The parking areas, driveways and landscape areas shall be well
maintained
10.
All landscaping shall be adequately irrigated and maintained by the owner
at all times in accordance with the requirements of the City of Poway
Guide {o Lanqscape Requiremeflts, Trees shall be encouraged and
allowed to retain ,a natural form, Pruning should be restricted to maintain
the health of the trees and to protect the public safety. Trees should be
trimmed or pruned as needed to deli~l()p a strong and healthy trunk and
branch system. Tree maintenance 'and pruning shall be in accordance
with the "American National Standard for Tree Care Operations" latest
edition (ANSI /\300). Trees shall not be topped and pruning shall not
remove more than 25% of the trees'leafsurface.
Section 4: The approval of MCUP 09-03 shall expire on July 21, 2011. at'
5':00 p.m, unless, prior to that time, a Building Permit has been issued and construction
on the property in reliance on the MCUP approval has commenced prior to its
expiration,
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21 st day of July 2009.
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Don Higginson, Mayor
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ATTEST:
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LindaAjoyan, MMC, City Clerk
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Resolution No. P-09-24
Page 6
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk oftheCiWof Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No.P-09-24, was duly adopted by
the City Council ala meeting of'said City Council held on the 21 st day of July 2009, and
that it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, REXFORD, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED:
NONE
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[lnd~/A, Troyan, MMC, City Clerk
City of Poway
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