Covenant Regarding Real Property 1994-0431589
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
1624
D~~ << 1994-04315By
Il-JUL-1994 09:37 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 9.00 FEES: 23.00
AF: 13.00
MF: 1.00
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Poway Industrial Park, a California General Partnership 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 317-222-11. In consideration of the approval of Conditional Use Permit 94-04, Steve, Donna
and Maxine Dix 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 BL
This Covenant shall run with the iand 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In the event that Conditional Use Permit 94-04 expires or is rescinded by City Council at the request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.
I
Dated: 7-5- qL,i-
Dated:
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Powa Industrial Park, a California General Partnership,
OWNER (Notarize)
CITY OF POWAY
By: 'I-~
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1625
lEGAL DESCRIPTION
THE lAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
LOTS] AND 2 OF THE CITY OF PDWAY TRACT NO. 85-04 UNIT ], IN THE CITY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11742, FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, ]987.
EXHI BIT A
CAUFORNIA ALL.PURPOS~ ACKNOWLEDGMENT
1626
NO. 5907
State of
County of
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DATE f
personally appeared
before me,
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~J€C"^, L r;d!~, /'101,..;"" f'",~~
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC'
~h~...J
NAME(S) OF SIGNER(S)
0' personally known to me - OR - 0 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.
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~" '. IlAAReN L. FIDLER f
< "~ . COMM, # 1005625 ,
~ ;:: . Notary Public - California !
. SAN DIEGO COUNTY
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WITNESS my hand and official seal.
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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
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S}
CoVt..vA-f t?~If;"l)I~ ~ ftopen"J
TITLE OR PE OF OCUMENT
IS?' PARTNER(S)
o LIMITED
o GENERAL
~
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
1- ~- ri
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY{IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
1627
RESOLUTION NO. P- 94-29
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 94-04
ASSESSOR'S PARCEL NUMBER 317-222-11
WHEREAS, Condi t i ona 1 Use Permi t 94-04, submitted by Steve, Donna and
Maxine Dix, applicants, request approval to operate a fi9ure skating and
hockey training facil ity within an existing building located at 12330
Stowe Drive, in the Planned Community zone; and
WHEREAS, on June 28, 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 Findinas:
This project is categorically exempt under the prOV1Slons of California
Environmental Quality Act (Class I), minor alteration of existing private
structures.
Section 2: Findinas:
1. The proposed project is consistent with the General Plan and the
South Poway Specific 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, the Poway General Plan and the South Poway Specific
Plan.
3. That the location, size, design, and operating characteristics of
the proposed use wi 11 be compat i b 1 e wi th and wi 11 not adversely
affect or be materially detrimental to adjacent uses, residents
buildings, structures, or natural resources, in that the use will be'
located within an existing industrial building.
4. That the harmony in scale, bulk, coverage, and density is consistent
with adjacent uses, because the use wi 11 be located with i n an
existing building and be operated on an appointment only basis.
5. That there are available public facilities, services, and utilities,
because the use will be located in an existing industrial building.
6. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the use will be located inside a building.
7. That the generation of traffic wHl not adversely impact the
surroundin9 streets and/or the City's Circulation Element, in that
EXHIBIT B
--.- _._-------_._----._-_._.._~-----_.._- --
1628
Reso 1 ut i on No. P- 94-29
Page 2
the use will operate out of a business park where existing street
improvements and off-street parking are adequate.
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 light industrial
uses and the business will operate on an appointment only basis.
9. That there will not be significant harmful effects upon environment
qual ity 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: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 94-04 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 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 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. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
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. 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.
3. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
1629
Reso 1 ut i on No. P- 94-29
Page 3
4. Disabled access shall be provided throughout the building.
5. A temporary use permit shall be obtained for any special competitive or
promotional events hosted at the facility.
SIGNS
Any signs proposed for thi s 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. A tenant improvement plan shall be submitted and approved prior to the
onset of business activity.
2. A modification to the fire sprinkler system will be required with the plan
check for the tenant improvement.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 28th day of June 1994.
tti~TI'S'!JTT'; - +Iayor-
Robert C. Emery, Dep
ATTEST:
erk
1630
Resolution No. P-94-29
Page 4
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
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I, Marjori e K. Wahl sten, Ci ty Cl erk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-94-29 , was duly adopted by the City Council at a meeting of said City Council
he 1 d on the 28th day of June , 1994, and that it was so adopted
by the following vote:
AYES: CALLERY, EMERY, SNESKO
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA, HIGGINSON
7U~-t....
sten, City C er