Covenant Regarding Real Property 1992-0162845
DO~ " 1992-0162845
24-MAR-1992 10=37 AM
OFFICIAL RECORDS
SAM DIEGO CDUMTY RECORDER'S OFFICE
AHHETTE EVAHS, COUNTY RECOROER
RF: 10.00 FEES:
AF: 15.00
MF: 1.00
RECORDING REQUEST BY:
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(This space for Recorder's Use)
CITY OF POWAY
1394
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
R & R Partners-Poway, a General Partnership ("OWNER"
hereinafter) 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 314-710-32 ("PROPERTY"
hereinafter). In consideration of the approval of Conditional Use
Permit 91-16 by the City of Poway ("CITY" hereinafter). OWNER
hereby covenants and a9rees 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 91-16 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rescinded by City Council at the request of the OWNER, CITY shall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:
3/Q/92.
R & R Partners-Poway
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OWNER (Notari )
~a s Smathers~ ,/,
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SEE (Notariz
CITY OF POWAY
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Dated:
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1395
LEGAL DESCRIPTION
'IWIN PEAKS PLAZA
ParcelZ of Parcel Map Number 15808 in the City of Poway, County of San Diego, State
of California, according to Map thereof on file in the office of the County Recorder of
San Diego County, September 21, 1989.
. GENERAL ACKNOWLEDGMENT
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~ proved to me on the basis of satisfactory evidence to *
~the person(s) whose name(s) IS subscribed to *
the within instrument, and acknowledged that I--I€ *
executed it.
WITNESS my hand and official seal.
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Notary~ Signature V-'~l *
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~ OFFICIAL NOTARY SEAL
PHYLUS CAROL MANFUL
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SAN DIEGO COUNTY
My Comm, Explr.. OEC 05,11l1lS
PARTNERSHIP ACKNOWLEDGMENT
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On this the dO~ay of ~b.-...-<:L 191.;1., before me, : I
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the udersigned Notary Public, personnally
appeared
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CORPORATE ACKNOWLEDGMENT
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* Notary's Signature *
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--B pe, ,una IIY known to me
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On this the f!!!..day of 1-1t:U"'c-h 199-0\, before me, *
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the udersigned Notary Public, personnally appeared
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[] proved to me on the basis of
to be the person(s) who executed
on behalf of the partnership and
the partnership executed it.
WITNESS my hand and official seal.
Not"S22Jr ~
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J. Mc(OMAS
IIIIlMY PUlUC . CALFOIlNIA
ORANGE COUNTY
MrCllmm.EJrlIrt'AIlrU 22.1994
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satisfactory evidence
the within instrument
acknowledged to me that
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On this the ____day of
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before me, *
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the udersigned Notary Public, personnally appeared *
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[] personally known to me *
[] proved to me on the basis of satlsfactory evidence to *
be the person(s) who executed the within instrument as *
or on behalf of the corporation *
therein named, and acknowledged to me that the corporation.
executed it. *
WITNESS my hand and official seal. *
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1397
RESOLUTION NO. P- 92-10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 91-16
ASSESSOR'S PARCEL NUMBER 314-710-32
WHEREAS, Conditional Use Permit 91-16, submitted by James
Smathers, applicant, requests approval to operate a restaurant
which will offer alcoholic beverages other than beer and wine
within the existing center located at 14771 pomerado Road in the CG
zone; and
WHEREAS, on March 3, 1992, the City Council held a hearing on
the above-referenced item.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
The City Council finds that this project is categorically
exempt Class 1 from the California Environmental Quality Act
in that the project involves interior or exterior alterations
to such things as plumbing and partitions.
Section 2: Findinqs:
1. The proposed proj ect will be consistent with the existing
general plan in that the proposed project is located in
the Commercial General zone which permits restaurants
serving alcoholic beverages with a conditional use
permit.
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 commercial uses, residents,
buildings, structures, or natural resources. The
proposed restaurant is located in a center with other
restaurants, will be licensed by the Alcohol Beverage
Control Board, and will offer alcoholic beverages only
during hours when food is served.
3.
That the scale, bulk, coverage, and density is consistent
with adjacent uses, in that the restaurant will be
located in an existing center and the seating capacity of
the operation will be limited to ensure that the on-site
parking will not negatively impact the surrounding
businesses.
"EXHIBIT B"
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1398
Resolution No. P- 92-10
Page 2
That there are available public facilities, services, and
utilities to serve the proposed use as all facilities and
services can be provided for through the conditions of
approval.
That there will not be a harmful effect upon
neighborhood characteristics, in that the
separation between residential and commercial
be adequate.
6. That the generation of traffic will not adversely impact
the surrounding streets and/or the City I s Circulation
Element in that the seating capacity of the restaurant is
not anticipated to cause a significant increase in
traffic and the center has adequate parking spaces for
this establishment.
5.
desirable
physical
uses will
7. That the site is suitable for the type and intensity of
use and development proposed in that the site is located
in the Commercial General zone in which a restaurant
serving alcoholic beverages is a permitted use with a
conditional use permit.
That there will not be significant harmful effects upon
the environmental quality and natural resources.
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9. That there are not 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 will not adversely affect the City of
poway General plan for future as well as present
development.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 91-16
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. Alcoholic beverages shall be served only during the hours
that food is served.
3.
Seating shall be limited to 90 places. However, upon
annual review, the Planning Director may grant an
incremental increase in seating based on traffic
patterns.
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4.
Resolution No. P-92-10
page 3
The use conditionally granted by this permit shall not be
conducted in such a manner as to interfere with the
reasonable use and enjoyment of surrounding residential
and commercial uses.
5. The applicant shall provide the City with a copy of the
license issued by the Alcoholic Beverage Control Board
prior to commencement of use.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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 Development Code and all other
applicable City Ordinances in effect at the time of building
permit issuance.
All roof appurtenances, including air conditioners, shall be
archi tecturally integrated, shielded from view and sound
buffered from adjacent properties and streets as required by
the Planning Services Department.
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. For the development, the applicant shall pay development fees
at the established rate. Such fees may include, but not be
limi ted to: Permit and plan Checking Fees, Traffic Mitigation
Fees, Water and Sewer Service Fees. These fees shall be paid
prior to building permit issuance.
Site development requirements for handicapped accessibility
found in Chapter 71 of the State of California Building
Standards Code must be adhered to.
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8.
Resolution No. P-92-10
Page 4
Restaurant must comply with all requirements of a Group A,
Division 3 occupancy as designated by the Uniform Building
Code.
9. This approval shall become null and void if building permits
are not issued for this project within two years from the date
of project approval.
SIGNS
Any permanent or temporary signs proposed for this development
shall be designed and approved in conformance with the Sign
Ordinance. The applicant shall submit a sign application to
the Planning Services Department prior to the installation of
any sign.
ADDITIONAL APPROVALS REQUIRED
The conditional use permit shall be submitted 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 if 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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
The applicant shall pay $3,769.69, the balance of sewer
connection fees for two additional EDU's of sewer capacity.
R&R Partners have paid the initial reservation fees.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Submit plans for a tenant improvement plan review.
2. If modifications to the existing fire sprinkler system need to
be made, plans must be submitted to and approved by the Fire
Department before the work is done.
3. Provide plans for a hood and duct fire extinguishing system.
4. Provide a front door key for the "Knox" Security box.
5.
Address must be at least six inches in height and easily seen.
Provide a posted occupant load sign that is easily seen.
6.
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1401
Resolution No. P-92-10
page 5
APPROVED and ADOPTED by the City Council of the City of Poway,
state of California, this 3rd day of March 1992.
ATTEST:
Jan Go d ith, Mayor
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Marjorie . Wahlsten, City Clerk
STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
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-92-10 , was duly adopted by the City Council
at a meeting of said City Council held on the 3rd day of ____
March , 1992, and that it was so adopted by the following
vote:
AYES:
MCINTYRE, SNESKO, GOLDSMITH
NONE
NOES:
ABSTAIN: NONE
ABSENT: EMERY, HIGGINSON
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7U 1M.>:, tc
K. wahlsten, City Clerk
oway
REPORT\CUP911B,RES