Covenant Regarding Real Property 1994-0585100
RECORDING REQUEST BY:
CITY OF POWA Y
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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2174
r~c n 1994-0585100
04-OCT-1994 09=02 AM
OFFICIAL RECOROS
SAH DIEGO COUHTY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECORDER
RF: 14.00 FEES:
AF: 19.00
MF: 1. 00
34.00
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
CJ. Poway Ltd, A California Limite~ Partnership ("OWNER" hereinafter) is the owner of real property
described in Exhibit A which is attached h~reto and made a part hereof and which is commonly known as
Assessor's Parcel Number 317-28-115 & 1116 ("PROPERTY" hereinafter). In consideration of the approval of
Specific Plan Amendment 84-01X, Condltlon~1 Use Permit 94-12 and Development Review 94-03 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 Specific Plan Am$ndment 84-01X, Conditional Use Permit 94-12 and Development
Review 94-03 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this
Covenant from the record title of the PROPEjRTY.
If either party is required to Incur cQsts 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.
The CITY may assign to persons Impacted by the performance of this Covenant the right to enforce this Covenant
against OWNER.
Dated:
q - 2-0, - I} <-I
Dated ~ dO - 7'</
xOL?.
~Poway LTD, A California Partnership
OWNER (Notarize)
ClITY OF POWAY
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LEGAL DESCRIPTION
217-
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THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 98 AND 99 OF CITY OF POWAY TRACT 85-04, UNIT 2, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO~ STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12572, FILED INrTHE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, FEBRUARY 28, 1990 AS FILE NO. 90-107515 OF OFFICIAL
RECORDS.
EXHIBIT A
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CALIFORNIA ALL.PURPOSIr:. ACKNOWLEDGMENT
2176
No. 5907
On
befor~ me, ~ E.R~~'~~'::F:CE~:~ DD~~~~:';,BLlC-
Sa..m ~ 4. er-~
N M S) OF SIGNER(S)
~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person~ whose name~ is1Me.
subscribed to the within instrument and ac-
knowledged to me that he/!3~eithey executed
the same in hisAH!I/ti,eil authorized
capacity(~ and that by his/hel/ti,,;;,ir
signature~ on the instrument the persorW3'),
or the entity upon behalf of which the
person~ acted, executed the instrument.
(!..o.,{;f,y I1k oIL
Su... Oi l1f
9/iLqI9f-
DATE
State of
County of
personally appeared
I e L.E. RICHARDSON I
- . COMM. * 971242 ."
S ..: NOTARY PUBLIC-CALIFORNIA S
.. .' . SAN DIEGO COUNTY -
I My Comm. Exp. Aug. 14, 1996 I
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WITNESS my hand and official seal.
-b'/'A'~ A .A J.,1..".."
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SIGNATURE OF NOTARY
I OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
traudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
00 CORPORATE OFFICER
'P(e \:oj a .t.....t
DESCRIPTION OF ATTACHED DOCUMENT
TITLE{S)
~~ 'R~~ f4AL~~
TITLE OR E OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
<-..3
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
9k,/1-f-
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Q. . F. ?OMe..rili, ~,-, ~ OotluAJ...
C?0v\.~
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
2177
RESOLUTION NO. P-94- 49
A RESo0uTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL U$E PERMIT 94-12 & DEVELOPMENT REVIEW 94-03
ASSESSOR'S ~ARCEL NUMBER 317-28-115 & 116
WHEREAS, Conditional Use Permit 94-12 and Development Review 94-03
submitted by Karnak Architecture/Planning and Hank Mathews, applicants, requests
approval to allow a lighted practice golf range with six fairways, 70 tees on
three levels, putting greens, pro shop and related facilities.
WHEREAS, on September 20, 1994, the City Council held a duly advertised
public hearin9 to solicit comments from the public, both pro and con, relative
to this application;
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section I: Environmental Findinqs:
The previously certified Final EIR and Final Subsequent EIR for the South
Poway Specific Plan assumed that LI and IP designated sites would be
developed with a variety of industrial uses as well as some intensive
commercial uses. This outdoor recreational use will generate less traffic
and have less environmental impacts than construction of light industrial
buildings on the site at a coverage rate of 35 to 40 percent (the typical
range for lots within the business park). The analysis contained in those
documents adequately adGlress the potential environmental impacts of the
proposed conditional use permit and development review, and no further
environmental review is necessary.
Section 2: Findinqs:
Conditional Use Permit
I. The proposed project is consistent with the South Poway Specific
Plan as amended by Specific Plan Amendment 84-01X as well as the
Poway General Pl an.
2. The proposed location, size, design, and operating characteristics
of the propo sed use wi 11 be compat i b 1 e with and wi 11 not adversely
affect or be materially detrimental to adjacent uses, buildings,
structures, or natural resources, in that the siting of active
recreation areas within the South Poway Specific Plan is found to be
important for the recreational needs of the business park and
community at large.
3. That the harmony in scale, bulk, coverage, and density is consistent
with adjacent uses, because the use will be compatible with the
Sports Park and s~rve as a viable interim use of the site until such
time as it is needed for a Light Industrial use.
4. That there are available public facilities, services, and.utilities
to the proposed practice golf facility.
EXHIBIT B
2178
Resolution No. p-94- 49
Page 2
5. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the screening, parking, and pedestrian
access have all been designed to minimimize impacts to the nearest
res i dent i a 1 ne i ghborhood to the north. the pract i ce golf fac il ity
provides a less intensive land use than 1 ight industrial
development, provides landscape screening, on-site parking with
predominant hours of use offset from normal business hours with peak
traffic flows.
6. That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Transportation Element, in
that off-street parking will be provided within the practice golf
facility. The existing roads are adequate in size to accommodate the
projected traffic volumes. The primary use of the facility is
expected to occur during off-peak commuter hours and weekends. The
use will generate less traffic than a typical light industrial
development on the two parcels.
7. That the site is suitable for the type and intensity of designated
use which is proposed, in that the practice golf facility provides
active recreational opportunities to the employees within the
business park and to the community at large.
8. That there will not be significant harmful effects upon
environmental quality and natural resources, in that the proposed
conditions and th~ project design will mitigate the impacts to a
level of insignifi,cance.
9. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
10. The proposed use wjll not adversely affect the City of Poway General
Pl an for future a~ well as present development, in that the South
Poway Specific Plar designates parks as one of the conditional uses
permitted in the Planned Community (PC) zone and this particular
recreational use is now recognized for this site by Specific Plan
Amendment 84-01X.
Development Review
1.
The proposed proHct is consistent with the South Poway Specific
Plan and the Poway'General Plan in that a golf practice facility and
micro golf course is a permitted use in the Light Industrial land
use designation with a conditional use permit.
2.
That the proposed project will not have an adverse aesthetic,
health, safety, ot architecturally related impact upon adjoining
properties in that the surrounding and proposed uses are light
industrial, industrial park and commercial, and the project has been
designed to be integrated physically and visually with the business
park, including compatibility with the Sports Park.
21 'i' 9
Resolution No. P-94- 49
Page 3
3. That the proposed project encourages the orderly and harmonious
appearance of strwctures and property within the City in that the
scale and design ~f the buildings, light standards, landscaping and
poles with netting are designed to be compatible with surrounding
land uses as well as buffered and screened with landscaping from
land uses to the north.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 94-12 &
Development Review 94-03 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.
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
surrounding industrial,. recreational, residential and future commercial
uses.
This conditional use permit shall be subject to annual review by the
Director of Planning 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 Planning Services'Department has received complaints, the required
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.
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building. permit issuance.
4. Trash receptacle shall be enclosed by a six foot high masonry wall with
view-obstructing gates pursuant to City standards. Location shall be
subject to approval by the Planning Services Department.
5. All roof appurtenances, including air conditioners, shall be
arch i tecturall y integrated, screened from vi ew and sound buffered from
2180
Resolution No. p-9449
Page 4
adj acent propert i es and st reets as requ i red by the Pl ann i ng Serv ices
Department.
6. Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
7. 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.
8. For a new commercial or industrial development, or addition to an existing
development, the applicant shall pay development fees at the established
rate. Such fees may include, but not be limited to: Permit and Plan
Checking Fees, Water and Sewer Service Fees. School fees of $0.28 per
square foot for commercial/industrial apply. These fees shall be paid
prior to building permit issuance.
9. Building identification and/or addresses shall be placed on all new and
existing buildings so as to be plainly visible from the street or access
road; color of identification and/or addresses shall contrast with their
background color.
10. The light standards on the practice golf fairways and for the micro golf
course shall not exceed 30 feet in height.
11. The park facilities and pedestrian walkways shall be designed to be
accessible to persons with physical disabilities throughout. Each
different type of activity must be accessible per section 1107 of the
State Building Standards Code for Park and Recreation area requirements.
12. The construction of an ~ccess control fence shall be constructed around
the perimeter of the ac~ive sports use areas.
13. The light standards for the parking areas shall be similar to the Sports
Park. Poles shall be vandal-resistant and low-maintenance and light
fixtures shall be energy-efficient and incorporate glare-control features
to reduce light pollution.
14. The hours of operation sihall be from sunrise to midnight.
15. Ultra low flow plumbing fixtures shall be installed in the buildings.
16. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approva 1.
PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall include a minimum of one 15 gallon size
tree for every three spaces. For parking lot islands, a minimum 12 inch
wide walk adjacent to parking stalls shall be provided and be separated
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,,;181
Resolution No. P- 94-49
Page 5
from vehicular areas by a six inch high, six inch wide portland concrete
cement curb.
2. Parking lot lights shall be low pressure sodium and have a maximum height
of 18 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and residences.
3. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 24 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
4. All parking spaces shall be double striped and be a minimum of 8.5 feet by
18.5 feet.
5. Accessible parking spaces shall be provided in the parking lot at a ratio
of 1:25.
6. Install pedestrian access with accessible ramp from corner of Stowe Drive
and Community Road into parking lot.
LANDSCAPE IMPROVEMENTS
1. Complete 1 andscape construction documents shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits. Plans shall be prepared in accordance with City of
Poway Guide to Landscape; Requirements (latest edition). The landscape
plan shall incorporate some specimen trees along with normal dense, fast-
9rowing landscaping planted to screen or break up the expanse of netting
along Community Road and McIvers Court.
2. Incorporate low flow irrigation techniques and drought tolerant vegetation
into the landscape plans.. The irrigation plans shall incorporate the dual
plumbing for reclaimed waiter that will eventually serve the site.
3. Street trees, a minimum of 15 gallon size or larger, shall be installed or
be relocated along the Stowe Drive and McIvers Court frontages in
accordance with the City of Poway Guide to Landscape Requirements and
shall be planted at an average of 30 feet on center spacing along all
streets.
4.
Landscaped areas within. the adjacent
permanently and fully maintained by the
landscape maintenance district.
5. The above ground fuel tank shall be screened with a masonry wall and
landscaping to be included with the landscape plans.
public right-of-way shall be
owner except where part of the
6. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. The trees shall be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety. Unnatural or excessive pruning, including topping, is not
permitted.
~182
Resolution No. P- 94- 49
Page 6
SIGNS
Any signs proposed for th,is development shall be designed and approved in
conformance with the Sign Ordinance.
ADDITIONAL APPROVALS REOUIRED
1. The applicant shall provide verification of State Board of Equalization
not i fi cat i on and that appropri ate revi ews and/or approval s have been
accomplished to the satisfaction of the Director of Administrative
Services.
2. Fence netting along Community Road must be high enough at all points to
prevent errant golf balls from reaching the street. The colors of the
poles and netting will be chosen to blend in rather than to stand out from
the surroundings. The 50 foot height is to be reduced in areas where a
lesser height would be sufficient.
COMPLIANCE WITH THE FOLLOWING, CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF EINGINEERING SERVICES.
GRADING
A grading plan for the development of the property shall be submitted to the
City's Engineering Services Department for review and approval prior to issuance
of a grading permit and start of grading operation. Rough grading of the site
must be completed and shall meet the City's Engineering Services inspector's
approval prior to issuance of a building permit.
STREETS AND SIDEWALKS
1. A sidewalk 4.5 feet in width shall be installed along the west side of
McIvers Court.
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2. A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within the publ ic street
right-of-way or any City-held easement. Said work shall include, but is
not to be 1 imited to, cOnstruction of driveway approach, sewer lateral
installation, water service line installation, street construction
(including concrete curb, gutter and sidewalk). Permit shall be obtained
prior to start of work.
UTILITIES
All proposed utilities within the project shall be installed underground.
ADDITIONAL APPROVALS REOUIRED
The following development fees shall be paid prior to building permit issuance:
Traffic Mitigation fee: to be deducted from deposit made by Cadillac
Fairview.
Meter fees: meter and expansion fee paid for 1" meter on both
Lots 98 and 99.
Sewer Connection fee: Lot 98 - $39,282.91
- 2183
kesolution No. P-94- 49
Page 7
Sewer Cleanout:
Sewer Inspection:
lot 99 - $47,671.07
$50.00 per box
$25.00 per cleanout box
COMPLIANCE WITH THE FOLLOWING' CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
The 150 gallon above ground fuel tank is to be installed and constructed
to the standards of Section 15.24.300 of the PMC.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 20th day of September, 1994.
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Don HigginSOn~r
ATTEST:
STATE OF CALIFORNIA
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I hereby certify, under the penalty
0/ perjury, that the above and
foregoing i, a true and correct
copy of Rcsoblion No.P-9''--Y'f,
as adopted by the City Council of
Poway, California on the &;foJ./r
daYof7'~,19~.
MARJORI K. W AHlSTEN, CITY CLERK
by:Wt~ 0~) Dn..}
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Marjorie K. Wahlsten, City Clerk
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-94-49 ,was duly adoPte~he City Council at a meeting of said City Council
held on the 20th day of Sept mber , 1994, and that it was so adopted
by the following vote:
AYES: CAFAGNA, !EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CALLERY
e:\city\planning\report\cup9412.res