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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 In the event that Minor Conditional Use Permit 00 -007 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 k 2 Y - ji By: (Notarize) CITY OF POWAY Dated: A 101 By: it Niall Fritz, Director of Develo ent Services n:\ city\ p1ann1ng \01 report \mcup \mcup00007cov.doc �e D l /► 5CH -►q� Z�3-Z� AM of -it,q r - • 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 ss. County of �'� �i e-GI � J On cg °� � 0 I , before me, �''t'r-t !J n Dale Name am Ir le of Off personally appeared U_ 5384 FVpersonally known to me ❑ proved to me on the basis of satisfactory evidence •, I,, JENNIFER J. TURNER = '< COMM. N1259425 m N b` Notary Public - California y w SAN DIEGO COUNTY 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 Title or Type of Document: n Document Date: Number of Pages: r 0 r , Signer(s) Other Than Named Above: r' Capacity(ies) Claimed by Signer Signer's Name Individual Top of thumb here Corporate Officer— Tltle(s): G Partner — ❑ Limited ❑ General f' a Attorney in Fact ❑ Trustee C2 Guardian or Conservator u Other r, c 4 Signer Is Representing: 0 01999Nalional Noar,0. ,a -,) S Doaolo NVe,PI) Bor2J 'C4,ao.orlh CA91310'2402 --.t.' laryorg Prod No 507 Al Call Tall'Plae 1 000.076£027 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