Covenant Regarding Real Property 2000-0609349O n y
0
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
2064 DOC 2000- 060 934
NOV 09, 2000 0 :30 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 31.00
.,, Bi11!l�I BPm9!
COVENANT REGARDING REAL PROPERTY
Poway Retail Partners XII, LLC ( "OWNER" hereinafter) is the owner of real property
described in Exhibit A which is attached hereto and made a part hereof and which is
commonly known as Assessor's Parcel Number 317 - 130 -47 ( "PROPERTY" hereinafter).
In consideration of the approval of Environmental Assessment and Minor Conditional Use
Permit 99 -06 by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide
by conditions of 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, encumbrancers, successors, heirs, personal representatives,
transferees and assigns of the respective parties.
In the event that Environmental Assessment and Minor Conditional Use Permit 99-
06 expires or is rescinded by City Council at the request of the OWNER, CITY shall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.
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.
POWAY
Dated: to 11 po
XII, LLC,
CITY OF POWAY
Dated: 7 ' oU By: i4/
Niall Fritz, Director of Devel ent Services
N
cov
eo Pq
DO -r7
IGCX� -19 m20 'AR��Oln
0 2065 0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
PiArn L ZIMMERMAN
Commission # 1158118
�z Notary Public - Califaniol £
' @MY Los Angeles County
Cantu. EVires Oct 9, 7001
Place Notary Seal Above
- Los ^„Angeles
On Oct. 19, 2000 , before me, Patti L. Zimmerman
Dale Name and Title of Officer (a g , `Jane Doe. Notary Public ")
personally appeared Jay H. Wilton
Names) of Signer(s)
[xpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
I ss.
my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valua ersons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Covenant Regarding Real Property
Document Date Number of Pages
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s)
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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 his /her /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 persons)
acted, executed the instrument.
0 1993 National Notary Assocmlion • 9360 De Soto Ave PO 9oa 2602 • Chatsworth, CA 91313 2402 • www naaonalnotary erg Prod No 5907 Reortler Call Tel Ftee 18000876 -6827
2066
EXHIBIT A
LEGAL DESCRIPTION
That portion of Parcel 3 of Parcel Map No. 1675, in the City of Poway, in the County of
San Diego, State of California, filed in the Office of the County Recorder of said San
Diego County, June 28, 1973, Recorder's File No. 73- 178786, lying Westerly of the
Southerly prolongation of the Easterly line of the Westerly 10.00 feet of Parcel 2 of said
map, together with the Easterly and Northerly 50.00 feet of Parcel 4 of said map, being
a portion of the Southeast Quarter of the Northeast Quarter of Section 13, Township 14
South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of
California, according to United States Government Survey, approved September 11,
1879.
2067
RESOLUTION NO. P- 99 -66
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 99 -06
ASSESSOR'S PARCEL NUMBER 317 - 130-47
WHEREAS, Minor Conditional Use Permit 99 -06, submitted by Jeff and Steve
Schultz, Applicants, requests approval to establish a motorcycle and motor sport vehicle
service and repair business in the building located at 13630 Poway Road .within the
Automotive General Commercial zone; and
WHEREAS, on August 31, 1999, the City Council held a hearing on the above
referenced item; and
WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90 -day period to protest the imposition of any fee, dedication,
reservation, or other exaction described in this resolution begins on the effective date of
this resolution and any such protest must be in a manner that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings
The City Council finds that this project is Categorically Exempt, Class 1 from the
California Environmental Quality Act in that the use will occupy an existing service
and repair facility.
Section 2: Findings
1. That the location, size, design, and operating characteristics of the use are
in accordance with the general plan and the Zoning Ordinance in that a
vehicle repair use can be established within the Automotive General
Commercial zone with the approval of a minor conditional use permit.
2. That the location, size, design and operating characteristics of the auto repair
business will be compatible and will not have an adverse affect or be
materially detrimental to adjacent uses, buildings, or structures, because the
use will be located within an existing commercial building and where an 8
foot high masonry wall already exists to buffer the site from the adjacent
multi - family residential development.
3. That the location and operating characteristics of the auto repair use will not
be detrimental to the public health, safety, or welfare, or materially injurious
to properties or improvements in the area in that the use will operate within
an existing building which is served by adequate public facilities.
EXHIBIT B
2068
Resolution No. P- 99 -66
Page 2
4. That there will not be significant harmful effects upon environmental quality
and natural resources in that the use will operate within an existing building
on a fully developed site and because special conditions of approval require
that all collected vehicle fluids be properly stored and disposed in
accordance with the County Environmental Health Department hazardous
materials requirements, and that either an acceptably designed oil water
clarifier or spill containment area be installed in the service bay areas to
manage any possible leaks or spills.
5. That the generation of traffic will not adversely impact the surrounding streets
and /or the City's Circulation Element, in that the use will operate on an
existing developed commercial property where existing street improvements
and off- street parking are in place.
6. That there are no other relevant negative impacts of the use that cannot be
mitigated, in that the vehicle repair use is subject to an annual review to
monitor any unforeseen negative impacts.
Section 3: City Council Decision
The City Council hereby approves Minor Conditional Use Permit 99 -06 subject to
the following conditions:
1. Within 30 days of approval (1) the applicant shall submit in writing that all
conditions of approval have been read and understood; and (2) the property
owner shall execute a Covenant Regarding Real Property.
2. The use conditionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and commercial uses.
3. The Planning Division shall conduct an annual review of Minor Conditional
Use Permit 99 -06 for compliance with the conditions of approval. If the
department has received complaints, or the use is not in compliance, the
review will be forwarded to the Council, who may add conditions to the
permit or amend existing conditions of approval.
.. • 2069 •
Resolution No. P -99 -66
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file in the
Planning Division and the conditions contained herein.
2. The appropriate Building Division approvals and fees shall be received prior to
initiation of construction and occupancy of the building.
3. Revised site plans and building elevations incorporating all conditions of approval
shall be submitted to the Planning Division prior to issuance of building permits.
4. Approval of this request 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.
5. The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Code, and all other applicable codes and ordinances in effect at the time of building
permit issuance.
6. This approval shall become null and void if the vehicle service and repair business
has not begun operation within two years from the date of the approval of Minor
Conditional Use Permit 99 -06.
7. The hours of operation for the service and repair use shall be limited to 9 a.m. to 6
p.m. Monday through Saturday.
8. A minimum six (6) foot high solid masonry wall shall be constructed around the
proposed outdoor storage area to completely screen all vehicles, merchandise,
equipment, etc. from view.
9. All roof appurtenances, including air conditioners, shall be architecturally integrated,
screened from view and sound buffered from adjacent properties and streets as
required by the Planning Division.
10. Handling and disposal of vehicle related materials and chemicals shall comply with
required federal, state and county health and safety standards.
11. All air compressor units used for the business shall be enclosed within sound
absorbing cabinets or within a completely enclosed room while in operation.
2070
Resolution No. P- 99 -66
Page 4
12. To minimize noise impacts to surrounding development, vehicle engines shall not
be revved or operated in a manner that will generate loud disturbing noise on the
outside of the building.
13. Either an oil water clarifier or a spill containment area shall be installed in the repair
bay area to insure that potential hazardous materials spills or leaks can be
effectively contained.
14. The outdoor display of up to a maximum of four (4) motorcycles /motor sport
vehicles is permitted within the paved area along the Midland Road building
frontage clear of the required 20 foot setback. The design and location of the
display area shall be reviewed and approved by the Director of Development
Services prior to the outdoor display of any vehicles (exclusive of display permitted
per Poway Municipal Code Section 17.26.030.E - Temporary Uses). Said display
area shall be enhanced through the use of a landscaped planter and /or other
acceptable enhancing design feature. Vehicle display is prohibited on the center
sidewalk or in any pedestrian walkway areas.
15. Any proposed changes (color, materials, design) to the exterior of the building shall
be coordinated with the owner /architect of the property, so that it is consistent with
the design of the entire commercial center and is in accordance with the Poway
Road Specific Plan. Exterior building modifications shall be subject to the approval
of the Director of Development Services.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the City of Poway Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
16. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway
Ordinance No. 64.
17. The building shall display a numeric address in a manner visible from the access
street. Minimum size of the building numbers shall be six inches on the front facade
of the building. Building address shall also be displayed on the roof in a manner
satisfactory to the Director of Safety Services, and meeting Sheriffs Department -
ASTREA criteria.
2071
Resolution No. P -99 -66
Page 5
18. The building will be required to install an approved fire sprinkler system meeting
P.M.C. requirements. The entire system is to be monitored by a central monitoring
company. System post indicator valves with tamper switches, also monitored, are
to be located by the City Fire Marshall prior to installation.
19. Fire Department access for use of fire fighting equipment shall be provided to the
immediate job construction site at the start of construction and maintained at all
times until construction is completed.
20. Fire Department access for use of fire fighting equipment shall be provided to the
immediate job construction site at the start of construction and maintained at all
times until construction is completed.
21. Minimum 2A:10Bc fire extinguisher required for every 3,000 square feet and 75 feet
travel distance.
22. Material Safety Data Sheets shall be required for all hazardous and /or toxic
substances used in each building.
23. Provide keys as required for the Knox security key box.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 31 st day of August 1999.
ATTEST:
Lori Anne Peoples, City Clerk
20'72
0
Resolution No. P -99 -66
Page 6
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under the
penalty of perjury that the foregoing Resolution No. P -99 -66 , was'duly adopted by
the City Council at a meeting of said City Council held on the 31 st day of August, 1999,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lori Anne Peoples, City Clerk
City of Poway
T7
Wilton R4alty Company
11111 Santa Monica Blvd, #500
• Los Angeles, CA 90025
(310) 444-6377
E l.
THIRTY ONE AND 00/100 DOLLAR
TO THE
ORDER OF
City of Poway
- awl- 5
F"
z t
118 003122 , 1 0 l:1 22D00 24 74 1
1—
DATE:10/31/00 CK#-.31 TOTAL:$31.00****** BANK:WFBU- Main Checking,
PAYEE:City of Poway(V1 940)
Property Account Invoice Description
13 17087-000 10/26
!Tr, I
HN !
WNXM1
y 0
'x * *'
Amount
31.00
31.00