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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 In the event that MCUP 00-004 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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