Covenant Regarding Real Property 2000-0557218:;IU EST BY:
TO:
2756
DOb- 2000-0557218
OCT 17, 2ooo 10:17
IBIAL RECO
BAN DIE.. COUNTY RECOwu R'S OFFICE
GREGORY . ~ITH, COU~ RECORDER
EES: 25. '0
POWAY C
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
BRS-Scenic Investment Company, LLC, A California Limited Liability Company,
Managing Tenant in Common, 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% Parcel Number 317-224-01 ("PROPERTY"
hereinafter). In consideration of the approval of MCUP 00-004, by the City of Poway
("CITY" hereinafter), OWNER hereby agrees to abide by the 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, heirs, personal representatives,
! ~ :1 assigns of the respective parties.
In the event that MCUP 00-004 expires or is rescinded by City Council at the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 p ' ' ! this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
Dated:
OWNER (Authorized Agent for Owner):
Marc R. Brutter
CITY OF POWAY
(Notarize)
Dated: August 17, 2000
Niall Fdtz, Director of D,~elopment Services
2757
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Countyof ~' ~:h~ }ss.
On~ _ '"~ before me, :'t:'~ ~
. ~ Na~tle m? ( g,
personally appeared ~ ~ ~J~~
~ proved to mo on tho basis of satisfacto~
evidence
to be the person~)/whose
subscribed to the within instrument and
'~th.e~-executed
the same in his/hef~t h~r authorized
capacity(if~, and that by his/h)~--/~
sig natureJ, s~ ~, or
the entity upon behalf of which the person~')'
acted,
WITNESS.,¢¢ y ;~icial seal.
OPTIONAL
Title or
Signer(s) Other
' Individual
- Title(s):
- Par[her--~ Limited _~ General
~ Trustee
~ Other:
"~XH~B~T A~
PARCEL A:
PARCELS 4 AND 5 OF PARCEL MAP NO. 15616, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 24, 1989, AS FILE NO. 89-152071 OF
OFFICIAL RECORDS.
PARCEL B:
LOT 8 OF THE CITY OF POWAY TRACT NO. 85-04, UNIT 1, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 11742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MARCH 9, 1987.
2?5 (HZB[T B
RESOLUTION NO. P-00-49
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 00-004
ASSESSOR'S PARCEL NUMBER 317-224-01
WHEREAS, Minor Conditional Use Permit 00-004 was submitted by Campus Life
for the purpose of establishing a youth gathering facility within two suites
located at 12600 Stowe Drive, Suites 5 and 6, in the Scenic View Business Park in the
South Poway Planned Community; and
WHEREAS, on July 1 !, 2000, the City Council held a duly advertised public headng
to solicit comments from the public, both pre and con, relative to this application; and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: Minor Conditional Use Permit 00-004 will not result in a significant adverse
impact upon the t and is hereby found to be Categorically Exempt, Class 1
Exemption, as it is the use of an existing structure.
Sect
Code
The findings, in accordance with Section 17.48.070 of the Poway Municipal
for Minor Conditional Use Permit 00-004 approving the establishment of the
youth gathering facility, are made as follows:
The project' ! with the General Plan and the South Poway Specific Plan
in that it designates this site for ~' facilities, with the benefit of a
conditional use permit.
The location, size, design, and operating ch of the use will be
compatible with and will not adversely affect or be materially detrimental to adjacent
uses, buildings, or natural as the project is located entirely
within an existing light industrial building. The applicants have agreed to limit
assembly type activities to either weekend or evening times in order to avoid
parking conflicts with other tenants of the center.
The harmony in scale, bulk, coverage, and density'
because no change is proposed to the buildings th
with adjacent uses
There 31e public facilities, services, and utilities because the use will be
located in a development where all necessary facilir :ty in place.
There will not be a harmful effect upon desirable neighborhood characteristics as
th I be conducted within the designated suites.
- 2780 -
Resolution No. P~0-49
Page 2
The g ~' = traffic will not adversely impact the surrounding streets and/or the
City's Transportation Element as the use will operate at off-peak hours to the other
~in Scenic View Business Park.
Th 31e for the type and intensity of the use in that it is not located near
homes or other sensitive receptors for noise. The Campus Life organization will
undertake training in emergency preparedness so that in the event that an industrial
accident should occur within a nearby suite, there will be adequate protection for the
young people attending Campus Lif :1 activities.
There will be no significant harmful effects Ul: quality and natural
the facility will not create any new development on the property.
I. There are no otb
mitigated.
negative impacts of the development that cannot be
Minor Conditional Use Permit 00-004, consisting of the establishment of a
youth gathering facility located within Suites 5 and 6 of Scenic View Business
Park, 12600 Stowe Ddve, as shown on the plan dated May 24, 2000, is hereby approved,
subject to the following conditions:
Minor Conditional Use Permit 00-004 may be subject to annual review as
determined by the Director of Development Services for compliance with the
conditions of approval and to add that may h :l during the
past year.
Within 30 days of approval (1) the applicant shall submit in writing that all conditions
of approval have been read and understood; and (2) the property owner shall
execute a Covenant on Real Property.
The use conditionally granted by this approval shall not be conducted in such a
to interfere with th 31e use and enjoyment of th :ling
b
Prior 1
1.
building permit, the applicant shall comply with the following:
The applicant shall submit tenant improvement plans through the Building
Division for approval.
The applicant shall submit sprinkler plans through the Fire Department for
approval.
2761
Resolution No.P-00-49
Page 3
Campus Life administration shall jency preparedness plan
for possible industrial accidents. It shall ensure that all employees are fully
trained in disaster planning and ara prepared to assist the youth who attend
the facility. The disaster plan and training shall I: ~ and approved
by the Poway Safety Services Department.
Upon establishment of the
apply:
youth gathering facility, the following shall
Youth gatherings for entertainment shall be limited to the following hours so
as to present no conflict with daytime industrial tenants in the Scenic View
Business Park:
Monday through Thursday, 5:00 p.m. to 10:00 p.m.
Friday, 5:00 p.m. to 12:00 a.m.
Saturday, 10:00 a.m. to 12:00 a.m.
Sunday, 10:00 a.m. to 10:00 p.m.
The facility shall be operated in such a manner to minimize any possible
disruption caused by youth invited to the property by Campus Life. Any
outdoor special events shall require prior approval of a Temporary Use
Permit by the Development Services Department.
Th
site
~erator of the facility shall routinely and regularly inspect the
31lance with the standards set forth in this permit.
The applicant shall continue to comply with the Poway Municipal Code and
the latest adopted Uniforrn Building Code, Uniform Mechanical Code,
Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all
other applicable codes and ordinances.
All conditions of approval contained herein shall be completed to the
satisfaction of the Director of Development Services.
The property owner shall ensure that on-site parking is available for all
tenants within the complex.
Set [: The approval of MCUP 00-004 shall expire on July 11,2002, at 5:00 p.m.
unless prior to that time a building permit has been issued and construction on the property
in the project approval h :1 prior to its expiration.
Resolution No. P-00-49
Page 4
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, at a reg "g thereof this 11th day of July, 2000.
ATTEST:
Lori Anne 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-00o49 , was duly adopted by the
City Council at a meeting of said City Council held on the 11th day of July, 2000, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lori Anne Peoples, City Clerk
City of Poway