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In the event that MCUP 93,26 and MDRA 93,26 expires or is rescinded by City Council at the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