Covenant Regarding Real Property 1994-0163890
RECORDING REQUEST BY:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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740
DOC " 1994-0163990
14-MAR-1994 08:25 AM
OFfICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 8.00 FEES: 20.00
AF: 11. 00
MF: 1.00
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use I
COVENANT REGARDING REAL PROPERTY
Pomerado Properties, A General Partnership ("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 317-224-22 ("PROPERTY" hereinafter). In
consideration of the approval of Conditional Use Permit 93-04 by the City of Poway ("CITY"
hereinafter). OWNER hereby covenants and agrees for the benefit of the CITY, 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In the event that Conditional Use Permit 93-04 expires or is rescinded by City Council at the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.
If either party is required to incur costs 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. LLc .J..' Ur /0 .e r"___t>-.R./'
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Pomerado Properties, A General Partnership ~.
OWNER (Notarize)
Dated:
~WI1Y
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CITY OF POWA Y
Dated: /1--.EtJ - 9.3
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LEGAL DESCRIPTION
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741
ORDER NO. 1004326-11
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 5 OF PARCEL MAP NO. 15536, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JANUARY 26, 1989 AS FILE NO. 89-045016
OF OFFICIAL RECORDS.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
}
County of San Dieqo
On ?,/?8.{.Q,1
DA
before me,Elizabeth J. Boulerice Notarv PlIhl;L
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PuStIC'
personally appeared Paul K. Tchang and Neville F. Bothwell
NAME(S) OF SIGNER(S)
~ personally known to me . OR - D proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)~/are
subscribed to the within instrument and ac-
knowledged to me that ReIsi'Ie/they executed
the same in tlie/l'ler/their authorized
capacity(ies), and that by R.ie#ter/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
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WITNESS my hand and offi~'
No. 5193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
D INDIVIDUAL
D CORPORATE OFFICER(S)
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER: ;
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
Techbilt Construction Corp.
Bothwell International Ltd.
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
o NAL SECTION
TITLE OR TYPE OF DOCUMENT Covenant Regarding Real Property
,
~
NUMBER OF PAGES
DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
SIGNER(S) OTHER THAN NAMED ABOVE
@1992NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
742
RESOLUTION NO. P-93-61
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 93-04
ASSESSOR'S PARCEL NUMBERS 317-224-22
WHEREAS, Conditional Use Permit 93-04 submitted by Tony Salmeri, appl icant,
Pomerado Propert i es, owner, requests approval to operate a gymnastic school
within an existing building located at 12925 Brookprinter Place, Suite D, in the
South Poway Planned Community zone; and,
WHEREAS, on November 30, 1993, the City Council held a duly advertised
public hearing 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 1: Environmental FindinQs:
This project is exempt from environmental review, under Class 1 of the
CEQA Guidelines as it is a minor alteration to existing facilities.
Section 2: FindinQs:
Conditional Use Permit 93-04
1. The proposed project is consistent with the general plan and
specific plan, in that indoor recreational uses are permitted in the
South Poway Specific with the approval of a conditional use permit.
2. That the location, size, design, and operating characteristics of
the proposed use wi 11 be compat i bl e with and wi 11 not adversely
affect or be materially detrimental to adjacent uses, residents,
buildings, structure, or natural resources, in that the use will be
located within an existing industrial building.
3. That the harmony in scale, bulk, coverage, and density is consistent
wi th adjacent uses, because the use wi 11 be located withi n an
existing building and be operated on a scheduled or appointment only
basis.
4. That there are available public facilities, services, and utilities,
because the use will be located in an existing industrial building.
5. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the use will be located inside a building.
6. That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element, in that
the use will operate out of a business park where existing street
improvements and off-street parking are adequate.
EXHIBIT B
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743
Resolution No.P-93-61
Page 2
7. That the site is suitable for the type and intensity of designated
use which is proposed, in that it is in an area for light industrial
uses and the business will operate on a scheduled or appointment
only basis.
8. That there will not be significant harmful effects upon
environmental quality and natural resources in that the use will be
contained within an existing building on a fully developed site.
9. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 93-04 subject to
the following conditions:
1. 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.
2. 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 uses.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. This conditional use permit shall be subject to annual review by the
Director of Planning Services for compl iance 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.
2. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
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. 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.
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744
Resolution No. P-93-61
Page 3
5. The applicant shall comply with the latest adopted Uniform Buildin9 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.
6. The applicant shall obtain a business license from the Customer Services
department prior to commencement of business activity.
7. No gymnastics meets or competitions shall be held at the site.
8. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Provide one 2A:10BC fire extinguisher.
2. Any changes/modification to the suite that interferes with fire sprinkler
operation shall be corrected.
3. Submit tenant improvement plan to determine need for any fire sprinkler
modification.
4. The referenced conditions shall be inspected at the time of occupancy.
GENERAL REQUIREMENTS AND APPROVALS
The conditional use permit shall lapse and shall become void November 30,
1995, if the site has not been occupied in accordance with the conditional
use.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 30th day of November, 1993.
~~-~
Don Higginson, M~-Jr
ATTEST:
I hereby certily, under the penalty
01 perjury, that the above and
loregeing is a true and correct
copy of RescL\ion No f _rJ-<;'~
as adopted by the City Counca of
Poway, C~ the .30 #:
day 011/ ,19-U..
MARJORIE K. W AHlSTEN, CITY CLE
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Mar orie K. Wahlsten, City Clerk
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745
Reso 1 ut ion No. P-93-61
Page 4
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I, Marjori e K. Wahl sten, City Cl erk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-93-61 ,was duly adopted by the City Council at a meeting of said City Council
held on the 30th day of November , 1993, and that it was so adopted
by the follo~vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
J ! -I(I--"~ kJ1'M-',1::..
Marjorie K. Wahlsten, City Clerk
City of Poway
E:\CITY\PLANNING\REPORT\CUP9304.RES
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