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38. The recorded deed of sale for all lots covered by this PUD Development Plan <br />approval shall include separately recorded disclosure statements or restrictive <br />covenants indicating the following: <br />a. That the property is in an area subject to noise, activity, and traffic impacts <br />associated with a Downtown location. <br />b. The adjacency of the Union Pacific Railroad and possible noise, including <br />noise from train whistles and horns, and vibration impacts from said railroad. <br />c. That additions /modifications to the structures and garages are prohibited. <br />d. That the residents, tenants, guests, etc., are prohibited from parking on the <br />driveway accessed on Old Bernal Avenue and Augustine Street. <br />e. That the parking lot is exclusive to the mixed -use building tenants and <br />residents, tenants, guests, etc. of the single - family homes (Residences 1, <br />2, and 3) are prohibited from parking in the parking lot on Augustine Street. <br />f. The uncovered standalone parking space south of Residence 1 is exclusive <br />to the mixed -use tenant of Residence 1 only and residents, guests, etc. of <br />Residences 1, 2, and 3 and residents, tenants, guests, etc. of the mixed - <br />use building are prohibited from parking in the standalone space. <br />g. The mixed -use space in Residence 1 shall not be used, converted, and /or <br />altered for residential use. <br />h. That boats, trailers, campers, motor homes, and other recreational vehicles <br />are prohibited from being parked or stored on -site. <br />i. That the garages shall not be modified or used for storage in a manner that <br />would interfere with the ability to park two cars within the garage and that <br />each resident shall utilize the garages for the parking of vehicles. <br />Wording for these disclosures and covenants shall be written in simple /plain <br />language, shall be submitted to the City Attorney for review and approval before <br />issuance of a building permit for this development, and shall be recorded over the <br />project site by separate instrument. <br />39. The leases for the multi - family units (apartments) covered by this PUD <br />Development Plan approval shall include disclosure statements indicating the <br />following: <br />a. That the property is in an area subject to noise, activity, and traffic impacts <br />associated with a Downtown location. <br />PUD -118 & P16 -0203 4791 Augustine Street <br />Draft Conditions of Approval <br />8 of 28 Mixed -Use Development <br />