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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 In the event that CUP99 -05 /DR 99 -11 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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