Covenant Regarding Real Property 2001-096258�� IIII� ooc *T
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
SEP 27, 2001 8 :24
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
5383 GREGORY J. SMITH, COUNTY RECORDER
FEES: 29.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
William Young, PROPERTY OWNER ( "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 323 - 481 -02 ( "PROPERTY"
hereinafter). In consideration of the approval of Minor Conditional Use-Permit 00 -007,
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, encumbrances, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that Minor Conditional Use Permit 00 -007 expires or is rescinded by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.
OWNER:
Dated
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By:
(Notarize)
CITY OF POWAY
Dated: A 101 By: it
Niall Fritz, Director of Develo ent Services
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
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•, I,, JENNIFER J. TURNER
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My Comm. Exp. April 3, 2004
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(les), 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.
WITNESS my hand z and official seal.
Place Notary Seal AEOVe oiyRewre of Notary Public
OPTIONAL
Though the Information below is not required 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
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5385
Exhibit A
Legal Description
Lot 07 of the City of Poway Tract No. 87 -13, Unit 2 Parkway Business in the City of
Poway, County of San Diego, State of California according to map thereof No. 13410
filed in the Office of the County Recorder of San Diego County, April 8, 1997, as File
No. 97- 161585.
I -
RESOLUTION NO. P- 01 -15 5386
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 00 -007
ASSESSOR'S PARCEL NUMBER 323 - 481 -02
WHEREAS, MCUP 00 -007, submitted by REMEC, Applicant, requests a Minor
Conditional Use Permit to allow the installation of a pre- manufactured hazardous materials
storage container in the northeast corner of the REMEC facility parking lot at 13950 Stowe
Drive. The site is within the Light Industrial land use designation of the South Poway
Planned Community; and
WHEREAS, on April 3, 2001, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application, and
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1 : The City Council finds that Minor Conditional Use Permit 00 -007 is
Categorically Exempt from the provisions of the California Environmental Quality Act,
pursuant to Section 15302, Class 1(f) exemption, in that the proposed construction is an
addition of safety protection devises in conjunction with an existing facility.
Section 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code to approve a Minor Conditional Use Permit for MCUP 00 -007, the installation of a
pre- manufactured hazardous materials storage container within the parking lot of an
existing facility at 13950 Stowe Drive, in the South Poway PC zone, are made as follows:
A. The location of the hazardous storage container will not create any significant visual
impacts. The container will be screened from Poway Road by additional plant
material. The proposed use is to provide outside storage to an existing facility,
which is a permitted use subject to the approval of a Minor Conditional Use Permit.
Therefore, the proposed location size, design and operating characteristics of the
proposed use are in accordance with the title and purpose of Section 17.48.070 of
the Poway Municipal Code, the purpose of the zone in which the site is located, the
City General Plan, and the development policies and standards of the City.
B. The location and design of the proposed hazardous storage containerwill not create
a negative visual impact on surrounding properties since the facility is small scale,
(10' x 30'), will be located in the rear of the project site, and will not be located
adjacent to any other uses. Therefore, the location and size will be compatible with
and will not adversely affect, or be materially detrimental to adjacent uses,
residents, buildings, structures, or natural resources.
• �� Resolution Illo„ R —A1 -15
Page 2 -%V
C. There will be no apparent increase in the scale, bulk or coverage of site
improvements, due to the nature and design of the facility. Therefore, the harmony
in scale, bulk, coverage and density of the project is consistent with adjacent uses.
D. There are public facilities, services and utilities available.
E. The proposed hazardous storage container and transfer of liquids will occur within
the storage container and will not constitute an enlargement of an existing use.
Therefore, there will not be a harmful effect upon desirable neighborhood
characteristics.
F. The project .will not increase traffic since it is a component of the existing use.
Therefore, the generation of traffic will not adversely impact the capacity and
physical character of surrounding streets and /or the circulation element of the
General Plan.
G. Vehicle access is already provided to the site and circulation throughout the site will
not be hindered by the proposed installation of the storage container. The site will
maintain the parking spaces required for the facility and no new demands will be
placed on parking and circulation. Therefore, the site is suitable for the type and
intensity of use or development that is proposed.
H. The project proposed to manage the existing hazardous facilities on site is
consistent with a hazardous management plan and will meet the fire management
requirements of the Fire Marshal. Therefore, there will not be significant harmful
effects upon environmental quality and natural resources.
There are no other relevant negative impacts of the proposed use that cannot be
mitigated.
J. The proposed use is an allowable use in the Light Industrial (LI) zone of the South
Poway Specific Plan. Therefore, the impacts as described above and the conditions
under which it would be operated or maintained will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements in the
vicinity nor be contrary to the adopted General Plan.
K. The proposed conditional use will comply with each of the applicable provisions of
Section 17.48.070 of the Poway Municipal Code.
Section 3 : The City Council hereby approves MCUP 00 -007 forthe installation of a 236 -
square -foot, pre- manufactured hazardous materials storage container at 13950 Stowe
Road in the South Poway Specific Plan Light Industrial (LI), as shown on the plans dated
July 17, 2000, subject to the following conditions:
Resolution No. P -01 -15
5388 Page
A. Approval of this MCUP request shall apply only to the subject project and shall not
waive compliance with all sections of the Zoning Ordinance and all otherapplicable
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 on 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
commercial uses.
D. The conditions of MCUP 00 -007 shall remain in effect for the life of the subject
premanufactured storage facility and shall run with the land and be binding upon
future owners, successors, heirs, and transferees of the current property owner.
E. MCUP 00 -007 may be subject to 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. The applicant shall obtain a Building Permit prior to installation of the facility. Prior
to issuance of a Building Permit, the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of electrical /building permit issuance.
2. The storage container shall be painted to match the existing structure, to the
satisfaction of the Director of Development Services.
3. N.F.P.A. standard 704 hazardous materials labeling shall be provided on all
sides of containers.
4. A landscape plan shall be submitted for review and approval by the Director
of Development Services. The plan shall show a combination of 15- gallon
shrubs and trees along the northern property line to soften the appearance of
the buildings on -site from Poway Road. The plan shall include irrigation and
note specific plant species and sizes.
5. The facility shall be provided with a fire alarm system approved by the Fire
Prevention Bureau prior to installation.
6. The facility shall be provided with one 3A 40BC -rated fire extinguisher (Sec.
15.24.250 PMC, UFC Std. #10 -1).
5389 Resolution No. P -01 -15
Page 4
7. A Fire Suppression System shall be integrated into the occupancy fire alarm
Monitoring System.
8. The facility shall be equipped with Knox Box access keys to the satisfaction
of the Fire Chief.
H. Prior to obtaining a final inspection on the building permits, the applicant shall
comply with the following:
1. The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
A final inspection from;the appropriate City Departments will be required.
Upon establishment of the hazardous storage container, pursuant to MCUP 00 -007,
the following shall apply:
1. The landscaping shall be maintained in a flourishing manner, to the
satisfaction of the Director of Development Services.
2. All facilities and related equipment shall 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.
3. 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.
Section 4 : The approval of MCUP 00 -007 shall expire on April 3, 2003, 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 3rd day of April 2001.
ATTEST:
_ - f�LA ( y_p �p ani
Lori 4nne Peoples, City Clerk
Resolution No. P- 01 -15
5390 Page 5
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 -01 -15 , was duly adopted by the
City Council at a meeting of said City Council held on the 3rd day of April 2001, and that it
was so adopted by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
EMERY, GOLDBY, REXFORD, CAFAGNA
NONE
NONE
HIGGINSON
Lori Anne Peoples, City Clerk
City of Poway
3