Covenant Regarding Real Property 2000-0246418~UEST BY:
TO:
CITY CLERK
No Transfer Tax Due
2542
DOC ,, 2000-0246418
HAY 12, 2000 8:i
COVENANT REGARDING REAL PROPERTY
BRS-Scenic Investment Company, L.L.C., 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's Parcel Number 317-223-05 ("PROPERTY"
hereinafter). In consideration ofthe approval of Conditional Use Permit 00-01 to establish
an indoor batting cage operation at 12576 Kirkham Court, 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, heirs, personal representatives,
J assigns of the respective parties.
In the event that Conditional Use Permit 00-01 expires or is rescinded by City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 reimb : all costs, including reasonable attorneys'
fees, from the other party.
Dated:
OWNER (Authorized Agent for Owner):
(Notarize)
Dated:
CITY OF P. OWAY
Niall Fritz, Director of glp, a~lopment Services
CALIFORNIA ALL-PURPO$"= ACKNOWLEDGMENT
his/h~ature~s~/
WITNES.~p'
OPTIONAL
25 3
~,"acted,
Description of Attached Document
Title or' ~--~ ~/t4
Signer(s) Other
Capacity(ies) Claimed by Signer(s)
dividual
[] Individual
[]
Title(s):
[] Partner-- [] Limited
[] Trustee
~r ~
Title(s):
[] Partner -- [] Limited [] General
[] Trustee
[] Other:
[]
[] Other:
$ /~senting:
Prod, No, 5~O7
EXHIBIT A
Legal Description
PARCEL A:
PARCELS 4 AND 5 OF PARCEL MAP NO. 15618, 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 INSTRUMENT 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.
APN: 317-223-05
Exhibit B
RESOLUTION NO. P- 00-38
2545
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-01
ASSESSOR'S PARCEL NUMBER 3i7-223-05
WHEREAS, Conditional Use Permit 00-01, submitted by Dean Darley, applicant,
requests approval of a conditional use permit to establish an indoor batting cage operation
within an existing 12,432 square foot industrial building located at 12576 Kirkham Court
within the South Poway Planned Community zone. The land use designation of the
property is Light Industrial; and
WHEREAS, on May 2, 2000, the City Council held a duly advertised public hearing
to obtain testimony both pro and con on the above described item.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Poway as
follows:
n 1: Conditional Use Permit 00-01 will not result in a significant adverse impact
on th I and the Negative Declaration dated April 5, 2000, is approved.
The findings, in compliance with Section 17.48.070 of the Poway Municipal
Code for Conditional Use Permit 00-01, are made as follows:
The proposed project is consistent with the General Plan and the South Poway
Specific Plan in that the site is designated for Light Industrial use and a batting cage
facility is allowed with the approval of a conditional use permit.
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, residents, buildin.c ' that the use will locate
on a property which has existing facilities that date the batting cage
operation. In addition, th -1 to o1: ¥ basis
during regular weekday business hours to insure adequate onsite parking is
available.
The scale, bulk, coverage, and density : with adjacent uses in that the
use will operate with' ;~ industrial building on a developed site.
Th 31e public f :1 utilities to serve the approved use
in that the site is presently developed and served with adequate public utilities,
facilities, and services.
Resolution No.P- 00-38
Page 2
There will be no harmful effect upon desirable neighborhood ch the
use will I property which has existing facilities that Jate the
batting cage operation. In addition, the use is restricted to operation on a
reservation only basis during regular weekday business hours to insure that
adeq parking is available.
The ~ : traffic will not adversely impact the surrounding, d/or the
City's Circulation Element in that the batting cage use is being limited to operating
on a only basis during regular weekday business hours to insure an
adequate parking supply in the area.
Th ale for the type and intensity of use and development proposed as
the use will be operating within an existing industrial building on a completely
developed site.
There will be no significant harmful effects upon the quality and
natural the site is developed and the use will be operating within an
existing industrial building.
I. Th
: impacts of the proposed use that cannot be mitigated.
Section 3: The finding lance with Section 66020 of the G
Conditional Use Permit 00-01, are made as follows:
Code for
The design and improvements of the use are consistent with all elements of the
Poway General Plan as well as City ordinances because all necessary I
be able to serve this project. No additional development impact fees are required
at this time as the use will occupy an existing industrial building and will not require
additional
Section 4: The City Council hereby approves Conditional Use Permit 00-01 to establish
a batting cage operation having seven (7) batting cages, one (1) pitching bull I: ~
bar area, a small retail shop, and room facilities within a 12,432 square foot
building located at 12576 Kirkham Court in the South Poway Planned Community zone
subject to the following conditions:
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.
Co
2547
Resolution No. P-00-38
Page 3
The use conditionally granted by this permit shall not be conducted in such a
manner as to interfere with the reasonable use of surrounding industrial and
uses.
Conditional Use Permit 00-01 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 -I during the past year.
The applicant shall obtain a City of Poway business license from the Customer
Services Department prior to the onset of b :y.
Prior
building permit, the applicant shall comply with the following:
Tenant improvement plans incorporating all conditions of approval shall be
submitted to the Building Division for review and approval. During this
review process, the tenant improvement plans shall be routed to the Fire
Marshall f :1 approval.
The improvements 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.
Upon establishment of the use in reliance upon this conditional use permit, the
following conditions shall apply:
A ' ' :thirty-one (31) parking stalls shall be allocated for the batting
cage facility.
A bicycle storage rack which can store a ' '
provided near the entry of the subject building.
=two bicycles shall be
3. The hours of operation for the batting cage facility shall be as follows:
Monday - Friday: 11:00 a.m. - 9:00 p.m.*
Saturdays: 9:00 a.m. - 9:00 p.m.
Sundays: 10:00 a.m. - 9:00 p.m.
* The batting cage use is limited to o1~ a reservation only basis on
weekdays during regular business hours (8:00 a.m. - 5:00 p.m.) to insure
adequate parking supply in the general area of the facility.
2548
Resolution No. P-00-38
Page 4
G. If building 12 :issued for this project, this approval shall I: I and
void on May 2, 2002, at 5:00 p.m.
Ho
Any signs proposed for this deve pment shall be designed and approved in
!h the Sign Ordina under a separate sign permit.
Pursuant to G I C
in which the applicant may file a protes
reservaf 3osed.pursu
SeCtion 660?0. the 90-day approval pedod
of the impos" n of any fees, dedications,
to this appmv shall begin on May 2, 2000.
PASSED, ADOPTED AND APPR ED by the City ouncil of the City of Poway,
State of California, at a reg ;t t 2nd day of M-. 2000.
ATTEST:
L~rl~Anne Peoples, City (,l~k
Don Higginson, De~C:r~ Mayor
I Ilemby ce~y, undo' the penafly of
perJup/, that the above and
,fhe C~Oo~ncU of
STATE OF CALIFORNIA ) c~o ~ .~..~_.
) SS m , ~
cou o. SAr, D EaO 0
I, kod Anno ~eoplos, Gity Glerk of tho Gi~ o , do heroby cod~ undor
p~nal~ of p~u~ that th~ fom~oin~ Resolution ~o. ~- 00- 38 was duly adopted
tho Gi~ Goundl at a m~etin~ of sai0 Gity Gouncil hold on th~ 2nd day of May, 2000, and
that it was so adoptod by tho followin~ voto:
AYES: EMERY, 610LDBY
/
NOES: NONE~
ABSTAIN: NONE
, HIGGINSON
ABSENT:
REXFORD, CAFAGNA
Lofft. Anne Peoples, City Cleitk
City of Poway