Covenant Regarding Real Property 1999-0609819vV �,
RECORDING REQUEST BY:
CITY OF POWAY
WHEWRECORDEUIVIAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074.0789
No Transfer Tax Due
DOC x"1999- 0609819
)
SEP 03,.1-.999 8:21 AM
OFFICIAL RECORD
SAN DIEGO COUNTY RECORDER'S OFFICE
j GREGORY J. SMITH, COUNTY RECORDER
2115 FEES:. 31.00
(This space for Recwt III II I I I�I II II II I) II I II II II I II
1999 - 0609619 _
COVENANT REGARDING REAL PROPERTY
John P. Bertran ( "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 317-550-01 ("PROPERTY" hereinafter). In consideration of
the approval of Conditional Use Permit 99 -03 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In the event that Conditional Use Permit 99 -03 expires or is rescinded by City
Council at the request of the OWNERS, 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: - 1 l 0��v� --
n P. Beltran, OWNER (Notarize)
CITY OF POWAY
Dated: % Z? Oil By:
Niall Fritz, Director ofQqvelopment Services
EXHIBIT A
LEGAL DESCRIPTION
APN: 317- 550 -01
2116
Those portions of the Southeast Quarter of the Southwest Quarter of Section 14, Township 14 South,
Range 2 West, San Bernardino Meridian, and of the Northeast'Quarter of the Northwest Quarter of
Section 23, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San
Diego, State of California, according to United States Government Survey, approved September 11,
1879, described as follows:
Commencing at a point 40.00 feet East of the center line of Mission Road, which said point of
commencement bears South 71 °28'44" East, 42.13 feet from the intersection of the southerly line
of said Section 14, at a point thereon North 88 057'00" West, 3955.50 feet from the southeast corner
of said Section 14, with said center line of Mission Road at Station 378 plus 70.9 thereof, as shown
on map of Mission Road 1 -A, Sheet 15, San Diego County Highway Commission, Records of the
County Surveyor of San Diego County and running thence North 00 043100" East, 100.00 feet
parallel with and 40.00 feet distant to the East from said center line of said Mission Road; thence
South 89 017'00" East 150.00 feet; thence South 00 043'00" West 100.00 feet; thence North
89 °17'00" West 150.00 feet to the point of commencement.
CALIFORNIA ALL- PURPON
0
State of
2117
County of
On before me, -Nlld ��arrdS /YD�dry /GGljLIC�,
Date Name aad Title of Officer (e.., "Jane Doe, Nc.Ii Public ")
personal) appeared
❑ personally known to me
Croved to me on the basis of satisfactory evidence
Description
Title or Type of
Document Date:
Signer(s) Other Than
Capacity(ies) Claimed by'Signer(s)
Signer's Name: Oo T • -BertrQ -c-f
e Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited
❑ Attorney -in -Fact
❑ General
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER'
Signer's Name:
Al
� U ,/Q��
Number of Pages: Ae"
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
0 1996 National Notary Association • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No 5907 Reorder: Call Toll -Free 1.800- 876 -6827
to be the person(JQ whose narri islere subscribed to the
within instrument and acknowledged to me that heilsheAhey
executed the same in his /hen'thei, authorized capacity(tW,
and that by his /hefAh it signature(9) on the instrument the
person(, or the entity upon behalf of which the person((A*
OFFICIAL SEAL
GLENDA S. RICHARDS
acted, executed the instrument:
NOTARY PUBLIC-CALIFORNIA,
® COMM. NO. 1225924 `'—'
SAN DIEGO COUNTY
MY COMM. EXP. JULY 16, 2003
WITN5SS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw,
it may prove valuable to persons relying on the document and could prevent
fraudulent removal and
reattachment of this form to another document.
Description
Title or Type of
Document Date:
Signer(s) Other Than
Capacity(ies) Claimed by'Signer(s)
Signer's Name: Oo T • -BertrQ -c-f
e Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited
❑ Attorney -in -Fact
❑ General
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER'
Signer's Name:
Al
� U ,/Q��
Number of Pages: Ae"
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
0 1996 National Notary Association • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No 5907 Reorder: Call Toll -Free 1.800- 876 -6827
• EXHIBIT B •
RESOLUTION NO. P- 99 -49
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 99 -03
ASSESSOR'S PARCEL NUMBER 317- 550 -01
WHEREAS, Conditional Use Permit 99 -03 was submitted by Jim Piva for the
purpose of establishing an equipment rental business within an existing building located
at 12823 Pomerado Road in the Community Business zone; and
WHEREAS, on June 29; 1999, the City Council held a duly advertised public
hearing to solicit comments from the public, both proand 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 described in this resolutioh :begins on the effective date of
this resolution and any such protest must be in a mannerthat complies with Section 66020.
NOW, THEREFORE, the City Council does hereby resolve as follows:
-- Section 1: Environmental Findings:
The City Council finds that the project is Categorically Exempt Class 1 as an
existing facility under the provisions of CEQA.
Section 2: Findings:
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 not adversely affect or be materially detrimental
to adjacent uses, buildings, structures, or natural resources, in that the
project is being located on a property which,contains existing buildings which
have housed similar uses, such as contractors' businesses, in the past.
3. That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, because the site will be improved with the installation of
landscaping and other required changes which will bring the site into better
conformance with modern development standards.
2119
Resolution No. P- 99 749 - -
Page 2
4. Thatthere are available public facilities, services, and utilities, because the
use will be located in a development where all necessary facilities are
already in place.
5. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the facility is designated for the rental and storage of
smaller types of equipment, but will not include tractors, backhoes and other
large machines and fixtures.
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
adequate given the scale of the proposed use.
7. That the site is suitable for the type and intensity of the use in that it is an
area designated for commercial, public and semi - public uses due to its
location on a major street.
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 hereby approves Conditional Use Permit 99 -03 subject to the
following conditions:
Within 30 days of approval (1) the applicant shall submit in writing that.ali
conditions of approval have been read and understood; qnd (2) the property
owner shall execute a Covenant on Real Property.
1. 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.
2. This conditional use permit shall be subject to annual review by the Director
of Development Services for compliance with the conditions of approval and
to address concerns that may have occurred during the past year. If the
permit is not in compliance with the conditions of approval, or the
Development Services Department hasi received complaints, the required
• 2120*
Resolution No. P -99 -49
Page 3
annual ,review shall be set for a public hearing .before the City Council to
consider modification or revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES.
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the conditions contained herein. All
Director of Development Services by December 31, 1999..
2. Revised site plans and building elevations incorporating all conditions of approval
shall be submitted to the Development Services Department prior to issuance of
building permits.
3. Approval of this request shall not waive compliance with the Poway Road Specific
Plan, the Zoning Ordinance and all other applicable City ordinances in effect at the
time of- building - permit issuance. - - - -- -
4. A six- foot -high solid wood fence and optional solid wood gate shall be installed and
maintained for screening purposes, from the north property line to the northwest
corner of the building. The chain link fencing and gate shall be removed from the
front of the property. It may be relocated between the two buildings with approval
from the Poway Development Services and Safety Services Departments.
5. The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Code, and all other applicable codes and ordinances in.effect at the time of building
permit issuance. All wash -down facilities shall be plumbed to an approved
clarifier /separator system and to the public sewer. Any use of the building for spray
painting by any occupant shall require the installation of an approved paint spray
booth.
6. Trash receptacles shall be enclosed within a six -foot high masonry wall with view -
obstructing gates pursuant to City standards. Location shall be subject to approval
by the Development Services Department prior to occupancy.
7. The buildings shall be painted with colors approved by the Development Services
Department in conformance with the Poway Road Specific Plan, prior to the
installation of any signs.
6 2121
Resolution No. P-99-49
Page 4
8. Signs shall be approved and permitted by the Poway Development Services
Department under a separate permit prior to installation.
This approval shall become null and void if building permits are not issued for this
project within two years from the date of project approval.
PARKING AND VEHICULAR ACCESS
10. The parking lot shall be slung sealed:and all parking spaces shall be double, striped.
The parking lot design shall comply with the Americans with Disabilities.Act „i.e., a
1:25 ratio for accessible spaces with at least one van accessible space.
LANDSCAPING
11. A detailed landscape and irrigation plan shall be submitted to and approved by the
Development Services Department prior to the issuance of building permits. Plans
shall be prepared in accordance with the City of Poway Guide to Landscape
Requirements (latest'edition) - "- `-
12. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash and debris.
13. Street trees, a minimum of 15 gallon size or larger, planted at an average of 30'feet
on center spacing along Pomerado Road, and including woody shrubs, ground
cover or mulch, and an automatic irrigation system, shall be installed in accordance
with the City of -Poway Guide to Landscape Requirements prior to occupancy.
14. Landscaped areas within the adjacent public right -of -way shall be permanently and
fully planted and maintained by the property owner.
PAVING AND DRAINAGE
15. The applicant shall implement all necessary measures to prevent pollutant or
hazardous material runoff into the public storm drain system which might.result from
the operation of the'business. A "Best Management Practice" program for the
maintenance of the parking lot, including monitoring and cleaning of the private on-
site catch basins and storm drains, shall be undertaken in accordance with the
National Pollutant Discharge Elimination System regulations. Periodic inspections
by City of Poway staff will ascertain compliance with this requirement. In the event
that deficiencies in the BMP program are noted, additional mitigation shall be
required to be completed upon notice.
z1zz
Resolution No. P- 99 -49
Page 5
16. The rental equipment shall not be washed directly upon the parking lot pavement
and into the catch basins. A separate wash facility shall be provided for such
purpose. The runoff may be conveyed to the sewer after being clarified. An
Industrial Waste Permit from the San Diego Metropolitan Sewer District may be
required for discharge intothe sewer system.
UTILITIES / FIXTURES
17. Due to the building conversion from the current use:to:an.equipment,rental business
and the need for an equipment wash area, additional sewer fixture units for the
different spaces may be required. The fixture units may constitute an additional
sewer connection fee. Therefore, the applicant shall submit information regarding
the total number of the required fixture units for the proposed business to the
Engineering Division for review. The appropriate fee, if any, shall be paid prior to the
start of the business. The sewer lateral and cleanout are existing.
18. There is an existing water meter and service to the property on Pomerado Road.
The applicant shall verify the size and adequacy of the existing improvements. The
following table is information on the current water fees to be assessed in the event
of the need for meter upgrade:
Meter Size Cost Service*
1 inch $ 270 $1,430.00
1.5 inch $ 600 Cost
2 inch $1,775 Cost
*No fee if installed by applicant due to the upgrade.
19. A permit is.required prior to any work to be performed in the public right -of -way on
Pomerado Road, including any trenching work. The appropriate right -of -way permit
fee shall be paid to the Engineering Division.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
20. Install a 2A1 013C fire extinguisher in the office area and shop area.
21. No cutting or welding inside the occupancy.
22. Place a sign above the front door bulkhead stating, "This door shall remain unlocked
during business hours."
City staff shall refund $1,200.00 of the Conditonal Use Permit fee to the applicant.
2123
Resolution No. P- 99 -49
Page 6
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of June, 1999.
ATTEST:
Lori Anne Peoples, City CI rk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
Michael P. Cafagna,
1 hereby certify, under the penalty of
perjury. that the above and
foregoing is a true and correct copy
of Resolution No. P— ,
as adopted by the City Council of
., Poway, California on the
day of 19�
LORI NE PEOPLES, CITY CLERK
0
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 -49 , was duly adopted by the
City Council at.a meeting of said City Council held on the 29th day of June, 1999, and that
it was so adopted by the following vote:
AYES: Goldby, Rexford, Cafagna
NOES: None
ABSTAIN: None
ABSENT: Emery, Higginson
Lori Anne Peoples, Chy'Cler c
City of Poway
NIPLANNINGMREPORTCUP99032RE