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Covenant Regarding Real Property 1993-0445328 RECORDING REQUEST BY: ) ) CITY OF POWAY ) ) WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY OF POWAY ) POBOX 789 ) POWAY CA 92074-0789 ) \:; \ ) No Transfer Tax Due ) 509 DL~ " 1993-0445328 13-JUL-1993 09:05 AM OFFICIAL RECORDS SAM DIEGO COUMTY RECORDER'S OFFICE AHHETTE EVANS, COUHTY RECDRDER RF: 8.00 FEES: 20.00' AF: 11. 00 MF: 1. 00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY R&R Partners,poway, A General Partnership ("OWNER" hereinafter) is the owner of real property described as Parcel 10 of Parcel Map 15808 and which is commonly known as Assessor's Parcel Number 314,710,37 ("PROPERTY" hereinafter). In consideration of the approval of Minor Conditional Use Permit 93, 03 and Minor Development Review 93,26 by the Ctty of PDway ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to abide by conditiDns of the attached resolutiDn (Exhibit A). This Covenant shall run wtth 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 In the event that MCUP 93,26 and MDRA 93,26 expires or is rescinded by City Council at the request Df the OWNER, CITY shall expunge this CDvenant from the record title of the PROPERTY. If etther 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: ~ ~ /9'13 ~ ~~ }p/1P'. R&R Partners,poway, OWNER (~otariZe) , Dated: ~ 'f, Iff; CSyITY.. OF ~ . ~,-~~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT Ca../,'kr,.,ifA- , County of Ora YI;) e.- On 1.. /I./TE~ 19~ before me, Re/-nt' tu'~a,.1 ~ W1 NAME, TiTlE OF OFFleEA . e.G., "JANE DOE, NOTARY PUBLIC. personally appeared /; mol;' I.( ;7'. ca lei we-// J 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) 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. State of OFFICIAL SEAL REINI WEYANT NOTARY PlJ8UC . CALfCIANIA ORANGE COUNTY ..,_, EallImAprl22.19" THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law. It could prevent fraudulent reattachment of this form. } WITNESS my hand and official seal. ~o ,:.... ~.r- SIGN E OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT G ve 11 a." f NUMBER OF PAGES / DATE OF DOCUMENT 510 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) TllLElS) l'ilj'PARTNER(S) D LIMITED EI GENERAL D ATTORNEY,IN,FACT o TRUSTEE(S) D GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE <C1992 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAve., P.O. Box 7184 -Canoga Park, CA 91309.7184 / 511 RESOLUTION NO. p- 93-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONOITIONAL USE PERMIT 93-03 AND MINOR DEVELOPMENT REVIEW 93-26 ASSESSOR'S PARCEL NUMBER 314-710-37 WHEREAS, Minor Conditional Use Permit 93-03 and Minor Development Review 93-26, submitted by Champion lock & Safe, applicant, R&R Partners-Poway, Owner, request approval to construct a 182 square foot locksmith's kiosk within an existing shopping center located at the southeast corner of Pomerado and Twin Peaks Roads in the Commercial General zone; and WHEREAS, on June 15, 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 Findinos: [ The City Council finds that the project is categorically exempt from environmental review as it can be grouped in Class 3 which includes construct i on of small new commerci a 1 structures on sites zoned for commercial use. Section 2: Findinos: Minor Conditional Use Permit 93-03 f ! 4. 1. The proposed project is consistent with the General Plan in that the plan designates this site for commercial use and the project is a small commercial building. 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 Df the land use designation in which the site is located and the Poway General Plan in that the prDject meets all applicable development standards for the CG zone. 3. The proposed location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources because the proposed structure contains only 182 square feet and will not interfere with existing traffic circulation patterns. That the harmDny in scale, bulk, coverage, and density is consistent with adjacent uses due to the small scale of the proposed structure. 5. That there are available public facilities, services, and utilities because the use will be located in an existing shopping center. EXHIBIT A 512 I Resolution No. p-93-31 Page 2 That there will not be a harmful effect upon des i rabl e neighborhood characteristics in that the structure will match the surrounding buildings in design and materials. 7. 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 within a commercial center where existing street improvements and off- street parking are adequate. 6. 8. That the site is suitable for the type and intensity of designated use which is proposed in that it is in an area designed for general commercial uses. 9. That there will not be s i gnifi cant harmful effects upon envi ronmenta 1 quality and natural resources in that the use will be contained within a small building Dn a fully developed site. 10. That there are not other relevant negative impacts of the proposed use that cannot be mitigated. Minor Develooment Review 93-26 1. The proposed project will be consistent with the existing specific plan and General Plan in that it is a commercial building located on a site designated for General Commercial use. 2. The proposed development will not have an adverse aesthetic, health, safety, or archi tectura lly related impact upon adjoi ni ng properties, because the proposed project is a small building designed to complement adjacent development. 3. The proposed development is in compliance with existing Zoning Development Code standards. 4. The proposed development encourages the orderly and harmonious appearance of structures and property within the City through its design which is similar to adjacent structures. Section 3: Citv Council Decision: The City Council hereby approves Minor Conditional Use Permit 93-03 and Minor Development Review 93-26 subject to the following conditions: 1. Within 30 days of approval: (1) the appl icant 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 cond i t i ona 11 y granted by th i s permi t shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding commercial uses. 513 Resolution No. P-93-31 Page 3 I COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHAll BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES: 1. The Planning Services Department shall conduct an annual review of Minor Conditional Use Permit 93-03 for compl iance with the conditions of approval. If the department has received complaints, or the use is not in compl i ance, the review wi 11 be forwarded to the Counci 1, who may add conditions to the permit or amend existing conditions of approval. 2. The applicant shall obtain a business license from the Customer Services Department prior to commencement of business activity. 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. ApprDval of this request shall not waive compliance with all sections of the Zoning Development Code 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. Parking for persons with disabil ities shall be provided as near as practical to the primary entrance to the kiDSk. Since disabled parking is not currently available close to the kiosk, parking should be provided immediately adjacent. The customer service window and walkway outside the window should also be accessible to persons with disabilities. The counter should be located at a height (interior and exterior) that will allow transactions to occur between two potentially disabled individuals (employee and customer). The walkway outside the customer service window shall be level. r l 4. 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 ENGINEERING SERVICES. Prior to issuance of building permits the applicants shall pay a traffic mitigation fee of $180.18. GENERAL REOUIREMENTS AND APPROVALS The minor conditional use permit and minor development review shall lapse and shall become void on June 15, 1995 if the site has not been occupied in accordance with the conditional use. 514 Resolution No. P- 93-31 Page 4 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 15th day of June, 1993. . - \ ~-iir; c ", Don Higginson, M STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) SS. ) liIIrebY cerfl/y, under !he peneW,' of perjury. !hat the above ancI foregoing is a. true a;r:,,3:31 copy af Resolullon No, , as adopted by the Qty eou;11! Poway. California on the ) dayal Q<~ " 19~. :;::w~l;,~ ATTEST: ~ k:. 1'JtM0t Marjor'e . Wahlsten, City Clerk 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-93-31 . was duly adopted by the City Council at a meeting of said City Council held on the 15th day of June , 1993, and that it was so adopted by the following vote: AYES: . CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE m 1<" ~~ t.- Marjor e K. Wahlsten, City Clerk City 0 oway