Covenant Regarding Real Property 2009-0396477
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" RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
POBOX 789
POWAY CA 92074-0789
APN 317-021-25
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DO~ 2009-0396477
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JUL 17, 2009
4:25 PM
OFFICIAL RECORDS
S,AN DIEGO COUNTY RECORDER'S OFFICE
DP.VID L BUTLER, COUNTY RECORDER
FEES 31.00
PAGES:
8
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Ismail A. Aqil and Ibtisam M. Aqil, Husband and Wife as Joint Tenants, PROPERTY
OWNERS ("OWNERS" hereinafter): are the owners of real property described herein and made
a part hereof, which is commonly known as 13530 Pomerado Road ("PROPERTY" hereinafter):
Parcel 1 of Parcel Map No. 3046, in the City of Poway, County of San Diego,
State of California, according to map thereof filed in the Office of the County
Recorder of San Diego County, on September 19, 1974,
In consideration of the approval of CUP 03-10M, by the City of poway ("CITY"
hereinafter), OWNERS hereby agree to abide by conditions of the attached Resolution (Exhibit
A)
This Covenant shall run with ,the land and be binding upon and inure to the benefit of'the
future owners, encumbrancers, successors, heirs, personal representatives, transferees and
assigns of the respective parties,
In the event that CUP 03-10M expires or is rescinded by City Council at the request of
the OWNERS, CITY shall expunge this Covenant from the record title of the PROPERTY.
In 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: 6'7. /3. CJ 1 By:
Dated c? 7. / J . ~ cr
Dated:
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,Ismail A. Aqil (Notarize)
By:
OWNER:
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V"ibtisam M. Aqil
By:
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of S~, ~ ~.J<.... ~
On o+-\?,. ~ ?cOl before me,
Date 'L
personally appeared S ""^ Cl... \.
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NOTARYPU9UC.CAl.IfORN1A 0 .
SAN DIEGO COUNTY
COMM, EXPIRES OCT.7: 2011 t
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Place Notary Seal Above
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)~re subscribed to the
within instrument and acknowledged to me that
~hey executed the ~ary,e in J;t(s/~r/their authorized
capacity(ies), and that by ?/~r/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 corre t.
Signature
Public
WITNESS my
OPTIONAL
Though the information below is not requJred by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document \ f'\
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Capacity(ies) Claimed by Signer(s)
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D Corporate Officer - Title(s):
D Partner - D Limited D General
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@2oo7National Notary Association. 9350 De Soto Ave" R(.).IjOx 2402 .Chatsworth, CA 91313.2402. www_NationalNotary.org lIem #5907 Reorder: Call Toll. Free 1-800.876-5827
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, Califorriia,tan4T!,t1eAssopation
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Joint Protection
SCHEDULEA
Amount of Insurance: $249,370.00
Date of-Policy: April 6,2000
at 4: 54 PM
Policy No. 208025238
Premium: $1,058.00
Pll
1. Name of-Insuied:
DAVID C:., FALES, TRUSTEE AND CORINNE T. FALES, TRUSTEE OF THE DAVID C. FALES AND
CORINNE T. FALES FAMILY TRUST, CREATED U/D/T DATED DECEMBER 4, 1992
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AND
ISMAIL"A. AQIL AND IBTISAM M. AQIL
2. The estate or interest in the land which is covered by this policy is:
A FEE
3. Titleto the estate or interest in the land isyested in:
ISMAIL A. "AQIL AND IBTISAM' M.AQIL, HUSBAND AND WIFE AS JOINT TENANTS
4. The land referred to in this policy is situated in the State of- California, Couniy of- SAN DIEGO
and is described asf-ollows:
PARCEL'l',OF':PARCELMAP NO. 3046, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF ': CAi:..:iFO,I!NIA , ACCORDING] TO MAP THEREOF FILED IN THE 'OFFICE OF THE COUNTY' RECORDER
OF"SAN'DIE~ COUNTY, ON SEPTEMBER 19, 1974.
This Policy valid only if. Schedn1e,B:isllttaclied~
JNTPTMe-l0113/95AA
CHIQAGO TITLE INSURANCE COMPANY
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RESOLUTION NO. P"09-18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING GONDITIONAL USE PERMIT03-10M
ASSESSOR'S PARCEL NUMBER 317-021-25.
WHEREAS, on February 17, 2004, the City "Council approved by Resolution
P-04-13 Conditional Use Permit (CUP) 03-10, Variance (VAR) 03-10 and Development
Review (DR) 03-11, to allow for the construction of an auto repair builqing and
legalization of an equipment rental facility (U-Haul) on an existing developed
commercial site at 13530 Pomerado Road, The request included a Variance to allow
the new auto repair facility to observe a O-foot setback where a 25-foot setback is
required adjacent to a residential zone, The subject property is located in the
Commercial General (OG) zone, and;
WHEREAS, the City has received a request to revise conditions of approval of
Resolution P-04-13 related io driveways, and;
WHEREAS, on June 16, 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.: Pursuant to Section 15162 of the California Environmental Quality Act
(CEQA) Guidelines, subsequeni environmental review or notice is not required as the
project is within the scope of the Negative Declaration that was adopted in conjunction
with the approval of Conditional Use Permit 03-10, on February 17, 2004.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code, for Conditional Use Permit 03-10M, which would allow the previously
approved auto repair and equipment rental facility to keep both the northerly and
southerly driveways along Pomerado Road in their current locations and widths are the
same as the findings made originally for the project, and are as follows:
A. The location,size, design, and operating characteristics of the proposed auto
repair and equipment rental facility is in accord with the title and purpose of
Chapter 17.48 of the Poway Municipal ,Code (Conditional Use Permit
Regulations), the CG zone, the City General Plan, and the development policies
and standards of ' the City in that auto repair facilities and equipment rental
facilities are allowed with a Conditional Use Permit, the project will not
significantly impact traffic circulation or parking, and the facility has been
designed and sited such that it will be compatible with the surrounding
development.
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EXHIBIT A
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Resolution No. P-09-18
Page 2
8, The location, size, design, and operation characteristics of the proposed auto
repair building and equipment rental facility. will be compatible with and will not
adversely affect or be materially detrimental to adjacent uses, residents,
buildings, structures, or natural resources in thaI' the facility will be located on a
vacant portion of a previously developed lot, and has been designed and sited
such that it will provide parking and a screening wall.
C, The proposed auto repair building and equipment rental facility is in harmony
with the scale, bulk, coverage, and density of, and is consistent with, adjacent
uses in that the design of the proposed facility is consistent and complimentary
to surrounding buildings,
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed use.
E, There will not be a harmful effect upon the desirable surrounding property
characteristics in that the design of the proposed facility will be consistent and
complimentary to buildings within the surrounding area. The bay doors will be
oriented away from adjacent residential uses,
F, The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the proposed use provides onsite
parking as required by the Zoning Code requirements and will take access from
Pomerado Road,
G. The site is suitable for the type and intensity of use and development that is
proposed in that the project is located along Pomerado Road and in the vicinity of
existing commercial development.
H, There will not be significant harmful effects upon environmental quality and
natural resources in that tile proposed auto repair building and equipment rental
facility is located on a previously disturbed property, and does not involve the
removal of significant natural habitat resources.
I. There are no relevant negative impacts associated with the proposed auto repair
building and equipment rental use that cannot be mitigated.
J, That the potential impacts, and the proposed location, size, design, and
9perating characteristics of the proposed project will not be materially injurious
to propEi"rties or improvements in the vicinity, nor be contrary to the adopted
General Plan, in that the auto repair building has been designed and sited such
that no visual impacts will result, and the overall site development will be in
compliance with design standards of the General Plan, The auto repair bay
doors have been oriented away from the adjacent residential uses so that the
visual impacts from a, commercial business will be reduced, Additionally, with
the doors directed to the south, the noise from the use will be reduced,
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Resolution No. P-09-18
Page 3
K. The proposed auto, repair building and equipment rental faCility will comply with
all the applicable provisions of Chapter 17.48 of the poway MuniCipal Code in
that the faCility has been designed and sited such that it will not result in visual
impacts,
Section 3: The City Council hereby approves CUP 03-10M to allow the northerly
driveway access to remain in connection with the construction of an auto repair building
and legalization of an equipment rental facility (U-Haul) on an existing developed
commercial site as shown on the plans dated May 18, 2009, subject to the following
conditions:
A. Approval of this CUP modification shall apply only to the subject project and shall
not waive compliance with all 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 conditions,of approval have been read and understood; and (2) the
property owners shall execute a Covenant Regarding Real Property,
C. 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,
0, The conditions of CUP 03-10M, VAR 03-10 and DR 03-11 shall remain in effect
for the life of the subject auto repair building and equipment rental facility, and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
E. CUP 03-10M may be subjecUo annual review as determined by the Director of
Development Services for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year.
F, Prior to construction of the revised site improvements the applicant shall process
a construction change to the approved project grading plans, The construction
change shall be substantially in accordance with the approved site plan.
G. Prior to approval .of the construction change to the project grading plans, the
applicantsh'all submit complete landscape construction documents to the
Planning Division, as required by Resolution P-04-13. The plan shall also
include the new landscape areas created along Pomerado Road,
H. Prior to requesting .issuance of a Certificate of Occupancy, the applicant shall
submit to the" Development Services Department record drawings, signed by the
engineer of work, per Section 16.52,130B for the Grading 9rdinance. Record
drawings shall be submitted in a manner to allow the City adequate time for
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Resolution No. P-09-18
Page 4
review and approval prior. to issuance of occupancy and release of grading
securities.
I. The loading zone shall not be used for display or parking of rental equipment.
J, Condition of approval Section 5,1.11 of Resolution P-04-13 is hereby deleted.
K. Condition of approval Section 5, J.6 of Resolution P-04-13 is hereby deleted
Section 4: The conditions of Resolution No. P-04-13 shall remain in effect except as
modified in this Resolution,
Section 5: The approval of CUP 03-10M, shall expire on June 16, 2011, at 5:00 p.m,
unless, prior to that time, a construction change to the Grading Permit has been issued
and construction on the property in reliance on this CUP approval has commenced prior
to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16th day of June 2009.
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Don Higginson, Mayor
ATTEST:
. ryan, MMC, City C erk
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Resolution No. P-09-18
Page 5
STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No, P-09-18, was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of June 2009,
and that it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, KRUSE, HIGGINSON
NOES: NONE
ABSENT: REXFORD
DISQUALIFIED: NONE
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, d A. Troyan, MM ,City Clerk
City of Poway