Covenant Regarding Real Property 1992-0701536
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03-HDV-1992 10=09 pM
OFFICIAL RECORDS
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/This soace for Recorder's Usel
COVENANT REGARDING REAL PROPERTY
Ralph D. Powers and DoIora A Powers ("OWNER' hereinafter) are the owners of real property
described In Exhlbft A which Is attached hereto and made a part hereof and which Is commonly knowt\ as
Assessor's Parcel Number 317-473.{)4 ('PROPERTY' hereinafter). In consideration of the approval of Minor
Condftlonal Use Pennft 92-03 by the City of Poway ("CITY' hereinafter), OWNER hereby icovenants and
agrees for the benefrt of the CITY, to abide by condftlons of the attached resolution (Exhitlft B).
This Covenant shall run wfth the land and be binding upon and Inure to the benefit of the Mure
owners, encumbrancers, successors, heirs, personal representatives, transferees and I1sslgns of the
respective parties.
In the event that Minor Condftlonal Use Pennft 92-03 expires or Is rescinded by City CooneR at the
request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.
If efther party Is required to Incur costs to enforce the proviSions of this Covenanti the prevailing
party shall be entitled to full reimbursement of aJl'costs, Including reasonable attorneys' fees, from the other
party. The CITY may assign to persons impacted by the performance of this Covenant the r!ight to enforce
this Covenant against OWNER. ~'J f2rJ d' d . ^
Dated: IVov ~rJ'i'CJ1.. _~~
RALP POWERS, OWNER (Notarize)
Dated: //./2//7" y.:<
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DOLORA A POWERS, OWNER (Notarize)
Dated:
,4-2-'2-
CITY OF POWAY
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LEGAL DESCRIPTION
THE NORTH 320.00 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
NOVEMBER 19, 1880
EXCEPTING THEREFROM THE EASTERLY 364.50 FEET THEREOF.
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OFRCIAL SEAL
t.foARlE LOFTON
Notary Publlc-Calllema
SAN DIEGO COUNlV
MrCammISllon ExpIre.
AprI26.1994
the undersigned ~PubUc. personaHy $[{"""red
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tl personally known to me *
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ta. proved to Ire on the basis of satisfactory evidence *
to be the persanfS"l) whose ~ tVu; --- "~ibed *
to the withi!l-i~t. and acknc:M1edged that *
executed it. *
WI'mESS Il!Y hand and official seal. *
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Notary I s Signature *
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?AR'lNERS8lP ~
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CD this the day of 19 , before Ire, *
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. State of
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the undersigned Notary Public. personally appeared
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tl personally known to Ire
tl proved to Ire on the basis of satisfactOry evidence
to be the person(s) who executed the withi!l inst.ruIIent
00 behalf of the partnership, and acknow1edged to Ire that
the partnership executed it.
WI'mESS Il!Y iIand and official seal.
::xlU'CIlAm ~
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* State of
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en this the day of 19 _, before Ire, *
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the undersigned Notary Public, personaHy appeared *
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tl proved to Ire on the basis of satisfactprY evidence to *
be the person(s) who executed the within instnment as *
or on behal.f of the corporation *
and acknc:Mledged to Ire that, the corporation *
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therein named,
executed it.
WI'mESS Il!Y hand and official seal.
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1512
RESOLUTION NO. P- 92-56
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 92-03
ASSESSOR'S PARCEL NUMBER 317-473-3, 4, AND 5
WHEREAS, Minor Conditional Use Permit 92-03, submitted by Don Patch and the
Poway El ks Lodge No. 2543, appl i cants, request approval to operate a pri vate cl ub
in the existing building located at 13219 Poway Road in the Commercial General
(CG) zone. The Elks also request approval to serve alcoholic beverages on the
premises; and
WHEREAS, on October 20, 1992 the City Council held a duly advertised publ ic
hearing to solicit comments from the public, both pro and con, relative to this
application.
.NOW, THEREFORE, the City Council of the City of Poway does hereby resolve
as foll ows:
Section 1: Environmental Findinos:
The City Council finds that this project is categorically exempt under the
provisions of CEQA Categorical Exemption Class 1, (Existing Facilities) in
that the use is located in an existing building.
Section 2: Findinos:
1. 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 zoning in which the site is located,
the Poway General Plan and development policies and standards of the
City, because the building is an existing legal structure which has
been used lawfully and in compliance with the Zoning Ordinance and
General Plan.
2. That the 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, in that the use will be
located in an existing building within the Commercial General (CG)
zone, where all of the surrounding land uses are of a commercial
nature.
3. . That the harmony in scale, bul k, coverage, and dens i ty is cons i stent
with adjacent uses, the exterior of the existing building will not
change other than cosmetically.
4. That there are available public facilities, services, and utilities,
because the use wi 11 be located in an exi st i ng commercta 1 buil di ng.
1513
Resolution No. P- 92-56
Page 2
5. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that all of the surrounding land uses are of a
commercial nature.
6. That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element, in that
there will be adequate off street parking provided.
7. That the site is suitabl e for the type and i ntens i ty of use or
development which is proposed, in that it is in a commercial
location.
8. That there will not be significant harmful effects upon
envi ronmenta 1 qual ity and natural resources in that the si te is
currently completely developed.
9. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
10. That the impacts, as described above, and the location of the
proposed use wi 11 not adversely affect the City of Poway General
Plan for future as well as present development in that the existing
use conforms with the provisions of the General Plan and the Zoning
Ordinance.
Section 3: Citv Council Decision:
The City Council hereby approves Minor Conditional Use Permit 92-03
subject to the following conditions:
1. Within 30 days of approval, (a) the appl icant shall submit in
writing that all conditions of approval have been read and
understood; and (b) 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 commercial uses.
3. The project wi 11 be subject to an annual revi ew by the Pl anni ng
Director per Section 17.48.140 of the Zoning Ordinance to monitor
compliance with the conditions of approval.
4. Hours of operation will be as follows:
Sunday
Monday - Thursday
Friday and Saturday
8:00 a.m. -
11:00 a.m. -
11 :00 a.m. -
9:00 p.m.
12:00 p.m.
2:00 a.m.
1514
Resolution NQ. P-92-56
Page 3
s. Special events that are beyond the normal operation of a private
club shall require approval of a temporary use permit by the
Director of Planning Services.
6. The appl icant shall provide the city with a copy of the 1 icense
issued by the Alcoholic Beverage Control prior to commencement of
use.
7. The permit allows the Elks to sell alcoholic beverages only to
members and their member-accompanied guests.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. 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.
2. The applicant shall comply with the latest adopted Uniform Building,
Plumbing, and Mechanical Codes, the National Electric Code, Wniform Fire
Code, and all other applicable codes and 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.
4. Corridors will be required to be of one-hour fire resistive tonstruction
with 20 minute-rated doors.
s.
All areas of the
Standards Code
disabilities.
facility shall comply with State of California Building
requirements for accessibil ity for persons with
PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall consist of a mlnlmum of one 15 gallon
size tree for every three spaces. For parking lot islands, a minimum 12
inch wide walk adjacent to parking stalls shall be provided and be
separated from vehicular areas by a six inch high, six inch wide portland
concrete cement curbing.
2. Parking lot lights shall be low pressure sodium and have a maximum height
of 18 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and residences.
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Resolution No. p- 92-56
Page 4
3. All two-way traffic aisles shall be a mlnlmum of 25 feet wide and
emergency access shall be provided, maintained free and clear, a minimum
of 24 feet wide at all times during construction in accordance with Safety
Services Department requirements.
4. All parking spaces shall be double striped standard spaces and shall have
minimum dimensions of 8.5' x 18.5'.
5. The gate along the southerly property line shall remain locked until such
time that legal access is established over the easement that runs from
Bowron Road along the southerly property line.
LANDSCAPING
1. A detailed 1 andscape and i rri gat ion pl an shall be submi tted to and
approved by the Department of Planning Services prior to the issuance of
building permits.
2. All landscaped areas shall be maintained in a health and thriving
condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and, approved in
conformance with the Sign Ordinance.
EXISTING STRUCTURES
Existing building(s) sh.all be made to comply with current building and
zoning regulations for the intended use.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
1. Grading and paving of the subject property shall be in accordance with the
Uniform Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. The requi rement for a prel imi nary soil s report is waived. A pavi ng
recommendation shall be submitted by a soils engineer based on "R" values
and a traffic index of 4.5 for parking spaces and 5.0 for drive isles.
Minimum structural section shall be three inches of asphalt on four inches
of Class II base for parking spaces and three inches of asphalt on six
inches of Class I I base for dri ves. Fi ve inches of Cl ass II I may be
substituted for four inches of Class II base and eight inches of Class III
1516
Resolution NO. P- 92-56
Page 5
may 1 i kewi se be substituted for six inches of Cl ass II base. I f the "R"
value of the native soils exceeds 50, four inches of asphalt may be placed
on 12 inches of native subgrade compacted to 95 percent.
3. The final grading and paving plan, prepared on a standard size sheet,
shall be subject to review and approval by the Planning Services and
Engineering Services Departments and shall be completed prior to issuance
of a grading permit.
4. A subgrade compacti on report shall be submi tted and approved pri or to
scheduling of paving.
5. Non-supervised nor non-engineered fill is specifically not allowed. Rock
di sposa 1 areas shall be graded in compl i ance with Ci ty-approved soil s
investigations and recommendations and grading plans. .
6. Erosion control, including, but not limited to desiltation basins, shall
be installed. The developer shall make provisions to insure the proper
maintenance of all erosion control devices throughout their intended life.
7. The tops and toes .of all graded slopes shall be constructed with a five
foot minimum setback from any open space area.
STREETS AND SIDEWALKS
1. All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Department of Engineering
Services.
2. Prior to any work being performed in the publ ic rightf-of-way, an
encroachment permit shall be obtained from the Engineeri'ng Services
department and appropriate fees paid, in addition to any other permits
required.
3. The development shall acquire an encroachment permit for 'any private
improvements placed within the public right-of-way.
UTILITIES
1. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the County of
San Diego Department of Health.
2. The appl icant shall pay for a water system analysis if required for a fire
sprinkler system, at the established rate to determine the proper size and
location for the publ ic water system. The amount shall be paid upon
demand by the City.
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Resolution NQ. P-92-56
Page 6
3. Within 30 days after receiving approval of the minor conditional use
permit, the applicant shall apply for a Letter of Availabil1ty (LOA) to
reserve one additional EDU of sewerage availability an post with the City,
a nonrefundable reservation fee equal to 20% of the appropriate sewerage
connection fee in effect at the time the LOA is issued.
4. Water main 1 ines and appurtenances that may be installed at locations
other than within public streets shall have an easement, a minimum of 20
fee wide, dedicated to the City of Poway. Multiple parallel facilities
will require additional easement width for on-site facilities. Dedication
shall be offered in the final map whereas off-site lines shall have the
easement dedicated by a separate instrument recorded prior to final map
approval.
APPLICANT SHAll CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
2. The building 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 the building. Building address shall also be
displayed on the roof in a manner satisfactory to the Directbr of Safety
Services.
3. The building will be required to install an approved fire sprinkler
system. The entire system is to be monitored by a central monitoring
company. System post indicator valves with tamper switches, also
monitored, are to be located by the City Fire Marshal prior to
installation.
4. If a new on-site fire hydrant is required, the location of the hydrant
shall be determined by the City Fire Marshal. Approximate location will
be at the driveway entrance into the site on Poway Road.
5. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A "Knox" padlock shall be required
for the fire sprinkler system Post Indicator Valve.
6. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
7. The removal of an abandoned underground fuel tank, or verification of the
removal of the tank will be required. Verification can be accomplished by
various means: County records; invoice for removal cost, dat,ed after
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Resolution No. P-92-56
Page 7
January 1990, when the tank was discovered; hiring a company to use a
metal detector; removing the storage shed and sandbox play area to show
evidence of excavations; or other methods. This shall be accomplished
prior to occupancy of the building.
GENERAL REQUIREMENTS AND APPROVALS
The minor conditional use permit shall lapse and become void on October
20, 1994 if the site has not been occupied in accordan,ce with the
conditional use.
APPROVED AND ADOPTED by the City Council of the City of Po~ay, State of
California, this 20th day of October, 1992.
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Jan
ATTEST:
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MarJorie K~ Wahlsten, City Clerk
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STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
1"519
Resolution No. P- 92-56
Page 8
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-92-56
, was duly adopted by the City Council at a meeting of said City Council
held on the 20th day of October , 1992, and that it was so adopted
by the following vote:
REPORT\MCUP920J.RES
'J J)'t-,. .~<- k' )\.It:. L~ t,---~
Marjorie K. Wahlsten, City Clerk
City of Poway
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CORPORATE ACKNOWlEDGMENT 1 "90
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* State Of((lh~ CO
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* County of ~ \)iC!<.- ) S .
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* :@..OFFlCIALSEAL:
" :.. MEG C. VACIO ·
* . .";IrI ... ~ NOTARY PUBLIC. CALIFORNIA :
" : . ~. ., NOTARY BONO FILED IN :
". '. " SAN DIEGO COUNTY .
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* . My Commission Expires October 14, 1994 .
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me, "
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the
appeared
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~ persona 11y known to me
[] proved to me on the basis of satisfactory evidence to "
be the person(s) who executed the within instrument as "
or on behalf of the corporation "
therein named, and ackno ledged to e that the corporation"
executed it. "
WITN a "
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