Covenant Regarding Real Property 2002-0769946y , 005629 DO # 2002- - 0769946
RECORDING REQUEST BY: ) 8EP 10. 2002 8:48 AM
CITY OF POWAY ) ffrFICIAL M=
SAN DIM MINTY- WMW'S OFFICE
if J. 9iI1HO MINTY WMtDER
WHEN RECORDED MAIL TO: ) FO: 29.04
CITY CLERK
CITY OF POWAY )
P O BOX 789 )
POWAY CA 92074-0789 ) 2002-0769946
No Transfer Tax Due ) (This space for Recorder's Use)
U COVENANT REGARDING REAL PROPERTY
Foremost Carmel Mountain Ltd., 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 317- 473 -12
( "PROPERTY" hereinafter) and more particularly described in Exhibit A.
In consideration of the approval of MCUP 01 -003, 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In the event that MCUP 01 -003 expires or is rescinded by City Council at the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:
�G1z Dated: By;
Charles V. Kam nskas tarize)
Fore-M o* Cax el Mowx4vt r%
CITY OF Pow
l l ._
Dated: < f 3/ Z'' By _
Niall Fritz, Director of Delltopment Services
"I " � �
9
005630 41
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of Californiia�
County of (
O � ML ss.
On ,Z before me, f
Date 1 N nd Title
personally appeared `� '
N a(
s) of Signers) '
ersonally known to me
❑ 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
CAROL L lECHiARA acknowledged to me that he /she /they executed
Conli t Don# 12138W the same in his /her /their authorized
NotayRAAC- Caftorrlb capacity(ies), and that by his /her /their
, Ora nge signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
act , executed the instrument.
S my h an ffi I seal. I
Place Notary Seal Above SWure Afolary P blic
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:
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:
0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 + www.nationainotary.org Prod. No. 5907 Reorder: Call Toll-Free 1 -600. 876.6627
005631
Parcel 1:
The Westerly 375.00 feet of the Bast Half of the Northeast Quarter of the Southwest
Quarter of Section 13 Township 14 South, Range 2 West, San Belo l and
Meridian, in the City of Poway, County of .San, Diego, State of California, according to the
Official Plat thereof, excepting themfrm the Southerly 683.94 feet thereof.
Parcel: 2:
An easement and right of way for road purposes over the Northerly 30.00 feet of the
Southerly 683.94 feet of the Easterly 400.00 feet of the Bast Ralf of the, NoAheast. Quarter
of the Southwest Quarter of Section 13, Township 14 South, Range 2 West, $jm Bernardino
Base and Meridian, in the County of San Diego, State of California, accordl#g to the
Official Plat thereof.
Parcel 3:
The East One -Half of - the Northeast Quarter of the Southwest Quarter of Sectioat 13
Township 14 South, Rage 2 West, San Bernardino Base and MM'eritian in tale City of
Poway, County of San Diego, State of California, according to the Official thereof.
Excepting therefrom the Southerly 683.94 feet thereof.
Also excepting the West 375.00 feet thereof.
Also excepting the North 267.00 feet of the Bast 154.00 feet thereof.
Also excepting the North 200 feet of said Northeast Quarter of the Southwe* Quarter of
Section 13.
Parcel 4:
The right to drain, flow and channel natural surface water from ft Bast 150.17 feet of the
West 525.17 feet of the North 225.00 feet of the East Half of the Northeast Owuter of the
Half of the Nom Quarter of the Southwest Quarter of said lion 136 Township 14
South, Range 2 West, ,San Bernardino Base and Meridian, in the - County of San Diego,
State of California, according to the Official Plat thereof, eating thm#roin the Southerly
683.94 feet thereof.
CLTA P»1i*dnary Rspwt Fonn Mov. 1/1195h
00433
EXHIBIT B
RESOLUTION NO. P- 02 -50
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 01 -003
ASSESSOR'S PARCEL NUMBER 317- 473 -12
WHEREAS, Minor Conditional Use Permit (MCUP) 01 -003 was submitted by
Dixieline Lumber & Home Improvement, Applicant, to allow for a permanent outdoor
display area in the front of the store located at 13345 Poway Road in the Town Center (TC)
zone; and
WHEREAS, on June 19, 2001_ the City Council approved Ordinance No. 540 which
set guidelines and permit processes for outdoor display of merchandise in the City's
commercial zones; and
WHEREAS, on August 20, 2002, 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, the City Council does hereby resolve as follows ::
Section 1 : The City Council finds that Conditional Use Permit 01 -003 is exempt from the
provisions of the California Environmental Quality Act (CEQA), as a Class 1 Categorical
Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project is an
outdoor display area that involves negligible expansion of the existing area used.
Section 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for MCUP 01 -003 to allow for a permanent outdoor display area in the front of the
store located at 13345 Poway Road in the Town Center TC zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
outdoor display area are in accord with the title and purpose of Chapter 17.48 of the
Poway Municipal Code (Conditional Use Permit Regulations), the purpose of the
Town Center zone, the City General Plan, and the development policies and
standards of the City in that the outdoor display area has been designed and sited
such that it will not result in visual impacts to the surrounding community.
B. The location, size, design, and operating characteristics of the proposed outdoor
display area will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, structure, or natural resources in
that the outdoor display area has been designed and located within the existing
overhang of the existing retail ` store, and as such it will not result in visual impacts to
the surrounding community.
C. The proposed outdoor display area is in harmony with the scale, bulk, coverage,
and density of, and is consistent with, adjacent uses.
005633
Resolution No. P- 02 -50
Page 2
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed outdoor display area of the existing retail use.
E. 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 in that the proposed outdoor display area is an accessory use to the existing
Dixieline Lumber & Home Improvement business.
F. The site is suitable for the type and intensity of use or development which is
proposed in that the proposed outdoor display area will enhance the exterior of the
existing store,, it provides additional drive -by business for the retailer, and is a
permitted use under Chapter 17.10.190 of the Poway Municipal Code.
G. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed outdoor display area is located on a developed
property and does not involve the removal of natural habitat resources.
H. That the potential impacts, and the proposed location, size, design and operating
characteristics of the proposed outdoor display area will not be materially injurious
to properties or improvements in the vicinity, nor be contrary to the adopted General
Plan, in that the facility has been designed and sited such that it will not result in
visual impacts and will comply with Building and Fire existing requirements.
1. The proposed outdoor display area will comply with all the applicable provisions of
Chapter 17.48 of the Poway Municipal Code in that the display area has been
designed and located such that it will not result in visual impacts, and itfwill comply
with existing requirements and with outdoor display standards for high- quality,
attractive, commercial development.
Section 3: The City Council hereby approves MCUP 01 -003 to allow for a permanent
outdoor display area in the front of the store located at 13345 Poway Road in the Town
Center TC zone, as shown on the plans dated July 11,2002, as revised per the following:
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 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 not interfere with the reasonable use and enjoyment of surrounding
uses.
005634
Resolution No. P 02 -50
Page 3
D. The conditions of MCUP 01 -003 shall remain in effect until the outdoor
display area is removed.
E. MCUP 01 -003 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 provide and maintain the following improvements to the
satisfaction of the Director of Development Services until such time as the outdoor
display area is removed, the following shall apply:
1. Outdoor display areas shall be established and maintained in accordance
with the approved site plan on file. A minimum 4-foot aisle width adjacent to
the building must be maintained.
2. The outdoor display areas shall be striped with a yellow stripe, 3 inches wide,
on the pavement so that the allowed outdoor display areas and pedestrian
walkways are maintained as approved with this MCUP and to the satisfaction
of the Director of Development. Services:
3. No runoff from irrigation and fertilizing of display plants shall be discharged
into the parking lot pursuant to NPDES requirements.
4. The outdoor display area shall not impede vehicular sight distance and
driveway access.
5. The outdoor display area shall not obstruct any landscape areas, parking
spaces, or interfere with any official notice or public safety signs or devices.
6. Display merchandise and products shall be limited to 4hose normally
associated with the primary retail user, and the display of junk is prohibited.
Items such as green and flowering plants, propane tanks for exchange,
sheds, planters, seasonal items and the tree cross - section may be displayed.
7. All display areas and related enclosure 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
8. Display areas shall be kept clean and orderly and shall maintain an attractive
appearance. No item shall be displayed in a manner that is unsightly or
creates any other conditions that are detrimental to the appearance of the
premises or any surrounding property; or in any other manner that is
detrimental to the public- - health, safety or welfare or causes a public
nuisance.
' - 056.11
E
Resolution No. P- 02 -50
Page 4
9. 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.
10. No permanent outdoor storage or racks are permitted on the west and south
side of the building. Only the approved fenced storage areas on the west
side of the building are permitted for outdoor storage.
11. No materials are to be stored above the height of the fence for the approved
enclosed outdoor storage area on the west side of the building.
12. Within 30 days of the date of this approval, the applicant shall re -stripe the
required 20 -foot minimum clearance Fire Lane per Fire Department location`
requirements.
13. Daily outdoor staging areas are limited to the areas directly behind Dixieline's
building. The staging or delivery areas must not block the driveways or the
required 20 -foot Fire Lane.
14. 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 approval.
Section 4 : The owner of the outdoor display merchandise shall remove all of the materials,
equipment, and associated structures, approved pursuant to this permit within 60 days of
ceasing operation of the permanent outdoor display area or the retail use.
Section 5 : The approval of MCUP 01 -003 shall expire on February 20, 2003 unless, prior
to that date, the use is established in conformance with the conditions of this permit.
Section 6 : The outdoor display permit shall automatically terminate for any violations to the
terms of the permit and Section 17.10.190, of the Poway Municipal Code if a Notice of ,
Violation has been issued and the applicant fails to comply with said notice. In the event
the permit is terminated due to a violation, the applicant may not reapply for an outdoor
display permit anywhere in the City for a one -year period following the date of compliance
pursuant to the Notice of Violation.
Section 7: This outdoor display permit shall terminate upon the change of occupancy or
failure to renew a business certificate without written notice: required.
005636 Resolution No. P -02 -50
Page 5
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 20th day of August 2002.
Bob Emery, Deputy Ma
ATTEST:
Lori nne Peoples, City Clerk
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 -02 -50 was duly adopted by
the City Council at a meeting of said City Council held on the 20th day of August 2002, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA`, REXFORD
Lori Anne Peoples, City Clerk
City bf Poway