Covenant Regarding Real Property 1999-0630999-_ • DEC ! 1999
- 0630999
RECORDING REQUEST BY: ) SEP 15, 1999 8:34 AM
CITY OF POWAY ) OFFICIAL RECORDS
SAN DIEGO COINTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) GREGORY J. SMITH, CIOIHTY RECORDER
, • . FEES: 40.00
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY CA 2074 -0789 III II I I II I I II JII I I II II I I I I I I II
i_;GG ) 1999 - 0630999
I d l No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Stowe Properties, Inc. ("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- 090 -64 ( "PROPERTY" hereinafter).
In consideration of the approval of CUP 99 -05 /DR 99 -11 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In the event that CUP99 -05 /DR 99 -11 expires or is rescinded by City Council at the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.
Dated: 7'16 16 4Q
Dated: Z i
WLANNINM99R P0RTCUP9905.00V
CITY OF POWAY
By: -1 r
Niall Fritz, Director of DAvelopment Services
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: �-1o_.>
►Oq `�.,
Commission Number: _ ✓ Date Commission Expires: i
County Where Bond is Filed:_ Z:�an iJ\
Manufacturer or Vendor Number:
(Located on both sides of the notary seal border)
Sign
Firm Name (if appli
Place of Execution: k TM 1- I Date:
Rec. Farm "R 101Rcv. 7 1961
'_ CALIFORNIA ALL -PURAE All
State ofv���prv��o—
County of`�
On i lquS *4
Date— -
f
personally appeared Y c
it
U
18 ,9p
before a me, WASOY) ,
\ Name and Title of Officer (e.g., "Jane Doe. Notary Public ")
P, d�iv.0
ersonally known to me
proved to me on the basis of satisfactory evidence
to be the person hose nam s re subscribed t e
within instrument and owled ed to me th he h
executed th me ierluthorized capacity(ies),
and that b hi er /their signature(• on the instrument the
personX, or the entity upon behalf of which the person(s)
acted, executed the:instrument.
WI = d o 'cial sea1--
G
Signature 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:
CJ,1LY'a- L
C%_ L kTNc\ C JI- -pro t
Document Date: aoc�Q 5 \ qhe�- S - -1 �- Number of Pages: i <
Signer(s) Other Than Named Above: \�! \ °\` 7 \Z�t
Capacity(ies) Claimed by Signer(s)
Signer's Name:,
❑ Individual
❑ Corporate' Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑
L
Sig
Attorney -in -Fact
Trustee
3uardian or Conservator
Dther: Top of Ihurnb here
ULC Mtl ` IQ
ner Is Representing:
Signer's Name:
El
❑
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited' ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT. THUMBPRINT
�b�YOF.SIGNER -:`Xi
® 1996 National Notary Association • 8236 Rommel Ave., P.O. 13o. 7184 • Canoga Park, CA 913097184 Plan N., 5907 nemdeo Call Ton Fee 1 800 87G6827
EXHIBIT A
LOT 57 OF CITY OF _POWAY TRACT NO. 87 -13, UNIT 1, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 12556 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 8, 1990.
TOGETHER WITH THOSE PORTIONS OF SOUTH POWAY PARKWAY AND STOWE
DRIVE FRONTING AND ABUTTING LOT 57, VACATED BY SUMMARY VACATION 91-
11 RECORDED MAY 12, 1992 AS FILE NO. 1992 - 0284902.
APN 3.23- 090 -64 .
N :IPLANNING\99REPORT\CNP9905.LEG
188
RESOLUTION NO. P- 99 -54.
A RESOLUTION OF THE :CITY COUNCIL
OF THE CITY OF`POWAY, CALIFORNIA.
APPROVING CONDITIONAL USE'.PERMIT 99 -05
AND DEVELOPMENT REVIEW 99 -11
ASSESSOR'S PARCEL NUMBER 323- 090 -64
WHEREAS, Conditional Use Permit 99 -05 and Development Review 99 -11 were
submitted by Urban Solutions representing Carl's Jr. Restaurants for the purpose of
constructing a 3,770.square400t drive- through restauranton'Parcel 4; of Tentative Parcel
Map 98 -17, a portion of Lot'57 located at the northwest comer of Scripps Poway Parkway
and Stowe Drive in the South Poway Planned Community; and
'WHEREAS, on August 3, 1999, the City Council held a, duly advertised public
hearing to solicit comments from the public, both' pro and con, relative to this application;
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 day this, resolution begins.on the effective date of
this resolution and any such protest,mustbe in;a mannerthat complies with Section.66020.
NOW ;THEREFORE;;the City Council does hereby resolve as•follows:
Section 1: Environmental Findinas:
The City Council finds that the previously certified Final Elk and Final Subsequent
EIR for the South. Poway `Specific Plan adequately address the potential
environmental impacts of.the proposed development.
Section 2, Findings:
1. The project is consistent with the- General Plan in that .it designates this site
for commercial uses including the one proposed; with the benefit of ,a
conditional use permit.
2. That the location; size, design, and'operating characteristics of the use will
be compatible with and Will_notadversely affect or be materially detrimental
to adjacent uses, buildings, structures, or natural resources, in that the
project is being located on a property which is located within an industrial
park and where commercial nodes,for the convenience of the employees and 1.
passing' motorists can best be served.
EXHIBIT B
r.
FF
1893
.Resolution No. P- 99 -54,
Page2
3. That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses because the new restaurant will comply with the development
standards for the South Poway Specific Plan including lot coverage, parking,,
landscaping, appropriate access points, shared circulation; as well. as. an
architectural style which references its industrial park,surroundings.
4. That there are available public facilities, services, and utilities because.the
use will be located in;a development where:all necessary facilities will be in
place:
5: That there will not `be a harmful ;effect upon'. desirable neighborhood
characteristics, in that,the restaurant:is`designed for the convenience of`use .
by,surrounding,land uses;
6. That the,generation,of traffic will not adversely impact the surrounding streets
and /or the City's Transportation Element, in that the use will operate in an
area where existing street improvements and off- street parking will be
adequately given the scale of the proposed use.
That the site is suitable for the typeand intensity of the use,in that it is an
area designated for, commercial Iuse due to its location.on.a major roadway.
8. That there will not be significant harmful effects upon environmental quality
and natural resources. There are no natural features remaining on the
property. It is.not;located within or adjoining; a "stream.
;9. That there are no, other relevant negative impacts of the development that
cannot be mitigated'.
Section 3: City Council Decision:
The City Council herebyapproves Conditional Use Permit 99 -05 and Development
Review 99 -11, subject to the following conditions:
Within 30 days of approval (1) theapplicant shall submit in writing that
all conditions of approval hay e_been,read. and understood; and (2) the
property owner shall execute a Covenant on Real Property.
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 the
surrounding residential and commercial uses:
Resolution No. P- 99 -54
Page 3
COMPLIANCE "WITH'THE FOLL'OWING'CONDITIONS IS, REQUIRED. COMPLIANCE.
SHALL BE ,APP,RQVED BY THE DEPARTMENT' OF DEVELOPMENT SERVICES.
Prior to issuance of'the °grading permit:
A formal grading plan by a registered Civil Engineer on a standard sheet,of mylar
shall'be submitted for review and approval. A drainage study and a soils report are
also required. The plan shall include, erosion control measures for prevention of
sediment runoff into the streets and public storm drain.system; A.drainage system
capable of,handling and.disposing-all surface`flow`(onsite and offsite) is required.
T,he grading`plawshall cl'earlyshow4fie access.to the site from Stowe Drive.
2. Grad ing;securities in'ihe form of,a performance bond and cash deposit, or a letter
of credWshall be posted. Engineering plan check; inspection, and, permit,fees shall
also be-paid.
During construction of improvements:
3. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
4. Site shall be developed in accordance With the approved. site plans on file inthe
Deve'lopment'Senrices Department�and ,the•conditionscontained herein.
Revised site plans and building elevations incorporating all conditions'ofapproval
shall be submitted to the Development Services Department prior to issuance of
building permits.
Grading of the; property shall be in accordance with the Uniform Building Code, the
Poway Grading Ordinance, the approved grading plan, the soils report, and
accepted grading practices.
T A right- of-way permit shall be obtained prior work within the.public'streets•or
City easements. The appropriate'fee;shall'be paid at the time of issuance.
8. Erosion control'measures,shall be provided for all operations. The work shall be in
accordance with the submitted erosion control plan and /or other additional
measures-.as required by the inspector. The developer shall maintain all erosion
control devices throughout the construction.
1,89 ,5
Resolution No. P -99 -54
Page 4
9. Both fire;hydrants'shall,be installed and approved by the Engineering Division of the
Development Services Department prior to'fhe,delivery .of any combustible building
materials..
10. A,water system .analysis shall be prepared to establish'the,proper size and location
of the public water system. The applicant shall payto therCitythe cost of preparing
the analysis prior to submittal. Improvement plans shall be submitted for,approval,
by the Engineering,Division. Plan check and inspection costs shall be paid by the
developer.
11. Prior to(delivery bUcombustible building matariahon site, water, and sewersystems
shall satisfactorily'pass all required tests and be conpected_to the public . water and
sewers systems. The first lift ofthe as halVconcrete pavement-for the interior. streets
y p
in the development shall.be installed/ paved tb;provide adequate, permanent access
for emergencyvehicles. The final lift of- asphalt §hall,not;pe installed until all other
construction activity,has been substantially completed'to the satisfaction of the City.
12. A detailed landscape and irrigation plan shall be�submitted'to and approved by the
Development Services Department / City Lantlscape,A�chitect and Public Services
Department' prior to the issuance of building permits.
Prior to issuance .of'a building permit:
13. Approval of 'this request shall not'waive compliance with all sections of the Poway
Development Standards;;. the .toning Ordinance, and all, other applicable City
Ordinances in,6ffect.at thetime:of building permit,issuance,
14. The ;applicant) , shall . comp ly,with the latest adopted'Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Code,. other,applicable codes and ordinances in effect_ at the, time of building
permit issuance:
1,5. Roof 'covering-shall be fire retardant as per UBC Section 3203(e) and City of Poway
Ordinance No. 64.
16. School fees shall be paid at the current rate.
17. All utilities (proposed ;and existing), together with the appurtenances and the,
associated easements shall:be shown on the grading plan.
18. Rough grading of the;site must be,,completed and shall ;meet the City Inspector's
approval.
0 0
1896
Resolution No. P -99 -54
Page,5
19. A certification.of line and grade for each lot, prepared by the.engineer of work, shall
be submitted.
20. A final compaction report shall be submitted and approved.
21. The following development fees shall be paid. These fees are currently in effect
,and are subject to change without notice:
P17=
Meter Size
Cost
Expansion Fee
SDCWA Fee*
Service **
1 -inch
$ 270
$ 6,678.00
42,536.00
$1,430.00
1.5 -inch
$ 600
$:10;388.00
$4,755:00
cost
2 -inch
$1,775
$16,694.00
$8,242.00
Cost
` If required for fire safety.
** Applicable only to water meter for domestic use.
20 percent of the connection fee is to be paid after approval of tentative map
with filing of a Letter of Availability. Balance shall be paid prior tobuilding permit for
each lot. Also, an•additional 30 percent shall.be paid within 30 days after Final Map
approval. The balance will be due at building permit issuance.
Sewer
Connection*
$2,574.00
Cleanout
$50.00
Per lateral
Inspection
$25.00
Perlateral
*20% of the connection fee for sewer reservation was paid previously with filing of
a Letter of Availability for TM 87 -13. Fifty (50) percent was paid through escrow
based on a I Iowa bler building area. Amount shown is -the balance of sewerfee based
on; actual building area.
Traffic Mitigation = Waived
Drainage = Waived
22. All public streets, improvements and utilities shall be constructed and completed.
Also see terms oftheStandard Agreement for Construction, of-Public, Improvements.
23. Fire Department access'for use of firefighting equipment shall be provided to the
immediate,job construction site at the start`of'construction and maintained at all
times until construction is completed.
Resolution No. P -99 -54
Page 6
24: Every building hereafter constructed shall be accessible: to Fire Department
apparatus byway of access roadways'withtall- weather driving surface of not less
than 20 feet of ' unobstructed width, with adequate roadway turning radius capable
of supporting the imposed loads of fire apparatus having a minimum of* 13!6" of
vertical clearance: The road',surface type shall be approved by-the City Engineer,
pursuant to the City of Poway Municipal Code.
25. The addition of onsite fire hydrants is required. The location of the hydrants shall
be determined by the City Fire.Marshal.
26,, Off-site;easements; ;as required; shall be &dicated.
27. All existing and new utilities shall be placed underground.
Prior to'issuance of Certificate of Occupancy
28. The as -built plans for the project shall be submitted ;and approved by the City
Inspector; as well as the City Project Engineer: AII' drainage improvements and
slope proteciiommeasures shall be- installed and completed.
29. All Landscape Maintenance District improvements shall 'be installed and,inspected.
30. All interior lot landscaping and hardscape shall be installed and inspected.
31. The. building shall display the numeric address in a manner visible from the access
street. Minimum size of the building numbersshall be six inches on a frontfacade
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.
32. An approved fire sprinkler system meeting P.M.C. requirements shall be installed
in the building.: The entire system is- to' be monitored - by a central monitoring
company. The system post indicator valves with tamper, switches, also monitored,
are to be located by the City Fire Marshal prior to installation.
33. Permanent access roadways for fire apparatus shall be�designated as 'Fire Lanes'
with appropriate;signs and curb markings:
34. A hood and duct extinguishing system shall be installed for all cooking facilities
within'the.kitchen area. Plans,shall be-submitted and approved prior to installation.
35. Minimum '2A :10BC fire extinguisher required forevery 3;000 square feet and 75 feet
of travel distance.
• Resolution NO.,P- 99 =5
Page'? 1898
36, Material Safety Data Sheets shall be required for all hazardous and /or toxic
substances used imeach building.
37. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed
with the Countyof'San,Diego Department of'� Health 'and copies provided to1he
Poway Fire Department.
38. N._FP.A. Standard` 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the.building.
39. A six - foot -higfi trash enclosure constructed of'decorative masonry block finished to
match the building and containing view obstructing gates shall be installed at the
designated location.
40. A'Knox' Security Key Box.shall berrequired for -the building.at a location determined
by the City Fire,Marshal. A.`Knox' padlock shall be required for the fire:sprinkler
system Post Indicator Valve.
The following are 'foryour information:
41. This -,approval shall expire at the end.of two .years from the date of the approval if
building permits have notbeen.obtained within that time.
42. No building encroachments a re, permitted. upon any utilityor City held easement.
43. All proposed 'utilities ? With inthe °project site shall be installed, underground.
44. Any-damaged offsite:public works facilities shall be replaced or otherwise repaired
prior to release of project securities.
45. Parking stalls within any City easements are not permitted, unless otherwise
approved.
APPROVED 'and AC OPTED by the City Council' of+ `�e, City of Poway, State of
California, this 3rd day of August, 1999. _ �� z
ra
ATTEST:
r: S
Lori Anne Peoples : City Clerk
under the penolty of
the above and
foregoing is a true-and corrprr�eec.. tCC�op�y
of Resolution No..
as. adopted by the•City Council of
Poway. califorriio on the 1,
day of 19 =
LORI ANN 'PEOPLEGITV'CLERK
b:
I
I
0
1899
Resolution No. P- 99 -54
Page 8
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 -54, was duly adopted by the
City.COuncil,at a meeting of said CityCouncil hill on the 3rd day of August, 1999, and.that
A was so adopted by the:following vote:
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES. NONE
ABSTAIN: NONE
`ABSENT. _ GOLDBY
Lori ' nne Peoples, City Cler
City of Poway
NiPLANNING�99REPOR-RCUP9905.RE5 '
i
i