Covenant Regarding Real Property 1994-0474051
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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1310
uoe " 1994-0474051
02-AUG-1994 09:17
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OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITh, COUNTY REeORDE,
RF: II. 00 FEES:
Ar, 13.00
MF: 1.00
25. GG
(This space for Recorder's Use)
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COVENANT REGARDING REAL PROPERTY
Chester S. Pugh, Jr. ("OWNER" hereinafterl 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 317-490-62
("PROPERTY" hereinafter). In consideration of the approval of Conditional use Permit 94-13 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In the event that Conditional Use Permit 94-13 expires or is rescinded by City Council at the request of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.
Dated: JULY ~( 1'19'1
.
Dated: l-/c9-9~
e/4i~ )/ ~.
Chester S. Pugh, Jr. J j .
OWNER (Notarize)
CiTY OF POWAY
'By ~ Vr--t/~
1311
LEGAL DESCRIPTION
PARCEL A:
Parcel 4 as shown on Parcel Map filed in Book of Parcel Maps on page 3020, in
the office of the County Recorder of San Diego County, on September 4, I974,
being a portion of the Northwest quarter of the Southeast quarter of Section
14, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of
San Diego, State of California, according to United States Government Survey.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
1312
No. 5907
State of C'AL.II=-oRn/JA
County of S 1'/ PJ 'S T 1"\
On ",}u,-,;;1.,5, I CfCji/ before me,
DATE I
personally appeared C \-113 S Te IZ
R tAT H. E F R 12 8-1
NAME, TITLE OF OFFICER - E G., "JANE DOE, NOTARY PUBLIC"
S, P VI G H ~ .:s-R '
NAME(S) OF SIGNEA(S)
o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s).
or the entity upon behalf of which the
person(s) acted, executed the instrument.
:...........................
: Q~. RUTH E. FREEL :
- , ~l~ COMM. #960263 ~
~, '" ''fifm NOTARY PUBLIC - CALIFORNIA ~
. ,~,W SHASTA COUNTY .
: My Commtssion Expires April 24, 1996 .
.............~.............:
WITNESS my hand and official seal.
KuJJ^--" ~J~'
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
~ INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTIDN DF ATTACHED DOCUMENT
TITLE(S)
(oYENI1/j1l A. f RUfL "77?r.f;;#'H
TITLE OR TYPE OF DOCUMENT
o PARTNER(S)
o LIMiTED
o GENERAL
2-
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
IVL.1 :2.1; 1'tc;4
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
])ofC07H1 G, ?" G-H
filItIiU:IV't- fI /105E,<
8
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
1313
RESOLUTION NO. P- 94-35
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 94-13
ASSESSOR'S PARCEL NUMBER 317-490-62
WHEREAS, Conditional Use Permit 94-13 submitted by J. N. Mechlin9,
applicant, requests approval to operate a martial arts studio within an existing
building located at 12657 Poway Road, in the Commercial Office zone; and
WHEREAS, on July 12, 1994, 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:
The City Council finds that the project is Categorically Exempt, Class 1 from the
California Environmental Quality Act in that it involves the minor alteration of
existing facilities.
Section 2: Findinqs:
1. The proposed project is consistent with the general plan.
2. The proposed location, size, design, and operating characteristics
of the proposed use are in accord with the title and purpose of this
resolution, the purpose of the land use designation in which the
site is located and the Poway General Plan.
3. 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 commercial uses,
residents, buildings, structures, or natural resources, in that the
use will be located within an existing commercial building.
4. That the harmony in scale, bulk, coverage, and density is consistent
with adjacent uses, because the use will locate within an existing
buil di ng.
5. That there are available public facilities, services, and utilities,
because the use will locate in an existing commercial building.
6. That there will not be a harmful effect upon desirable neighborhood
characteri st i cs, in that the use wi 11 locate in an exi st i ng
building.
7. That the generat i on of traffi c wi 11 not adversely impact the
surrounding streets and/or the City's Transportation Element, in
that the use will operate within a commercial area where existing
street improvements and off-street parking are adequate.
EXHIBIT B
1314
Reso 1 ut i on No. P- 94-35
Page 2
8. That the site is suitable for the type and intensity of designated
use which is proposed, in that it is in an area for commercial
office uses.
9. That there wi 11 not be s i gnifi cant harmful effects upon
environmental quality and natural resources in that the use will be
contained within an existing building on a fully developed site.
10. 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 94-13 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 wi th the reasonabl e use and
enjoyment of surrounding residential and commercial uses.
3. 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 Pl anning 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.
SITE DEVELOPMENT
1. Site shall be util ized in accordance with the approved site and floor
plans on file in the Planning Services Department and the conditions
contained herein.
2. Revised site plans and building floor plans 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.
1315
Resolution No. p-94-35
Page 3
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.
5. 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.
6. Disabled access shall be provided throughout the building,
7. All parking spaces shall be double striped. The disabled parking space is
to be repainted and properly signed per current standards.
8. Trash receptacle shall be enclosed by a six foot high masonry wall with
vi ew-obstruct i ng gates pursuant to City standards. Locati on shall be
subject to approval by the Planning Services Department.
9. This approval shall become null and void if business activity associated
with the use has not commenced within two years from the date of project
approval.
SIGNS
Any signs proposed for thi s development shall be des igned and approved in
conformance with the Sign Ordinance.
LANDSCAPE IMPROVEMENTS
1. The landscaping on the property shall be weeded and maintained prior to
final occupancy.
2. In the future 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 publi~
safety. Unnatural or excessive pruning, including topping, is not
permitted.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1.
The buildings shall display their numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be 6 inches
on the front facade of buil di ng. Buil di ng addresses sha 11 also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services per Sheriff ASTREA specification.
A 'Knox' Securi~y Key Box shall be required for the building at a location
determined by the City Fire Marshal.
2.
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1316 ,
Resolution No. P-94-35
Page 4
3. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
4. The building shall meet all current Building and Fire Codes. Submit
tenant improvement drawings for all work. Occupancy use shall change from
a B-2 to A-3 requiring additional exiting requirements and emergency
lighting. New occupancy sign shall be posted.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of July, 1994.
~
on Higglnson,
1 hereby certify, under the penalty
01 perjury, that the above and
loregoing is a lrue and correct
copy 01 Resolution No P _ 1J/- 3..{'
as adopted by the C~y Council 0;
Poway, California on the /;;; hIu
day 01 ~~ 19.2!f-
MARJO E K. HLSr~, ary C~RK
~, &'"d..., 4-;b
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
cert i fy, under the penalty of perjury, that the foregoi ng Reso 1 ut i on, No.
P-94-35 , was duly adopted by the City Council at a meeting of said City Council
held on the 12th day of July, 1994 and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABS ENT :
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
NONE
NONE