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Covenant Regarding Real Property 1992-0356956 RECORDING REQUEST BY: DOC J 1992-0356956 09-JUN-1992 08:42 AM CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) 1662 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER RF: 13.00 FEES: AF: 21. 00 MF: 1.00 35.00 WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 No Transfer Tax Due (This space for Recorder's Use) !\ I \\\ :j\. COVENANT REGARDING REAL PROPERTY Poway Creekside Partners ("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 317-480-11 (portion) ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 92-03 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 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 In the event that Conditional Use Permit 92-03 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: (,-~-'9.;1 CREEKSIDE PARTNERS Dated: ~/""i I?~..<. CITY OF POWAY By BfA-A, t /~~ grI/ - rJ~.f". (No need to otariz ) 1663 Parcels 1 and 2 of Parcel Map No. 16213, in the City of Poway, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 7, 1990 as File No. 90-489345 of Official Records. * * * * * * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * '* * * * * * * * * * * * '* * * * '* * . .GENEP.AL ACKNOWLEDGMENT ~ * * * '* * * * * * * * * * '* * f * State of * * County of ) ) SS. * * * *' * * * * PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * : State of d/J~A/'/2Lel : County of cf4/! ~ ~ ) ) SS. * * * * * * * OfFICIAL SiAL * e JEANNE NELSEN * " NOTARY PUIll.IC. CALIfOaNIA * PRINCIPAL OfFICI IN SAN DIfGO 00UN'lY * My Collltlllnloll ... MIldt 3l. 19911 * a:r~~O~IJrr.~la'.I::~I= :1111" * * * * * * '* * * * '* * * * * * * * * * * * * * * * * * * 16,6.4* * * * * * * * * * * * * '* * * * * * On this the ____day of 19 before me, * * * the udersigned Notary Public, personnally appeared * * * * * * [] personally known to me [] proved to me on the basis of satisfactory evidence to * be the person(s) whose name(s) subscribed to * the within instrument, and acknowledged that executed it. WITNESS my hand and official seal. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * On this the c.Y~ay of ../~ 19 'f.2., before me, * * J M/l/1e- /&be/! * the udersigned Notary Public, personnally appeared * 0.Y/Jh:.rJ ~,pur/,;..... * ~ personally known to me [] 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. ~,~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ****** , satisfactory evidence the within instrument acknowledged to me that CORPORATE ACKNOWLEDGMENT * * * * * '* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * [] 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 acknowledged to me that the corporation* executed it. * WITNESS my hand and official seal. * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of * ) * County of ) SS. * * * * * * * * * * * * * * * On this the ____day of 19 before me, * * * the udersigned Notary Public, personnally appeared * * * * * * [] personally known to me .' ~ , R. L Iw......1 ::.>:-:':~~ , I l. 1665 RESOLUTION NO. p- 92-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 92-03 ASSESSOR'S PARCEL NUMBER 317-480-11 WHEREAS, Conditional Use Permit 92-03, submitted by Michael Morton, applicant, requests approval to construct a restaurant which will offer alcoholic beverages, including hard liquor at the Brigantine Restaurant to be located on the southeast corner of poway Road and Community Road, (a portion of Creekside Plaza), and within the CC (Community Commercial) zone; and WHEREAS, the poway Municipal Code requires that any eating and drinking establishment which serves hard liquor obtain a conditional use permit before commencing business operations within the City; and WHEREAS, on May 12, 1992, the City Council held a hearing on the above-referenced item, and took public testimony both oral and written regarding the same, NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinqs: The City finds that the impacts of this business were anticipated and mitigation requirements for traffic impacts and parking standards were produced wi thin the EIR for the underlying parcel subdivision. In addition, a dinner house, as well as other entertainment type businesses were anticipated in the General Plan EIR, to be sited at this location, as discussed in the Town Center concept. No further environmental review is found to be necessary. Section 2: Findinqs: 1. The proposed project will be consistent with the General Plan. A dinner house use is consistent with Goal V, Policy A3 and A6 in that it is a restaurant that will provide community-wide service. 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 building is being designed as a part of Creekside Plaza, therefore, concerns such as parking, access, and operating practices are addressed in conjunction with the needs of the entire center. ., 1666 I ~ 1(: ~ l:~' 3. Resolution No. p-92-23 Page 2 That the scale, bulk, coverage and density is consistent with adjacent uses, for the reasons cited in Finding No. 2 above. , 4. That there are available public facilities, services and utilities to serve the proposed use in that a condition of approval requires the applicant to purchase sufficient City sewer and water capacity prior to issuance of building permits. 5. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the physical separation between the restaurant building and surrounding residential neighborhoods is the maximum possible for any lot in Creekside Plaza. 6. l That the generation of traffic will not adversely impact the surrounding streets and/or the City's Transportation Master Element in that the seating capacity of the restaurant has been factored into the parking lot design and is integrated into the master parking plan for the center. In addition, construction of the center required major street right-of-way dedication and widening of both poway and Community Roads along the entire property frontage as mitigation for traffic circulation impacts. 7. That the site is suitable for the type and intensity of use and development proposed in that it is located at the central commercial intersection of the City and in an area designated for the establishment of restaurant and entertainment uses. .1 ) 8. That there will not be significant harmful effects upon the environmental quality and natural resources in that the building will be located in an area of the property which has been disturbed for long periods of time and contains no sensitive plant or animal species, has no mature trees, and is not near a watercourse. . :1 :) " :1 9. That there are not other relevant negative impacts of the proposed use that cannot be mitigated. ':1 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. In fact, the proj ect as proposed is an element in the revitalization of the poway Road downtown commercial corridor. ,.j /:::::: I \ . f.. [ t:':';:'ii L..... ~o' : :..:.. l. 1667 Resolution No. P-92-23 Page 3 Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 92-03 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 reasonable use and enjoyment of surrounding residential and commercial uses. 3. Alcoholic beverages may be served up to one and one half hours following the hours in which food is being served. 4. Any increase in seating capacity shall require a review of parking standards for Creekside Plaza, and City Council approval. 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. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 3. 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. 4. Trash receptacle shall be enclosed by a six foot high masonry wall constructed of materials which are architecturally integrated with the main building and with view-obstructing gates pursuant to City standards. Location shall be subject to approval by the Planning Services Department. l 1 ~ , ! C, I "'~ [ 1668 Resolution No. p-92-23 Page 4 5. All roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. 6. 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. 7. 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. B. For a new commercial development, or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees. These fees shall be paid: prior to building permit issuance. 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. 9. PARKING AND VEHICULAR ACCESS 1 . :1 .j .~~ 2 . :i ,~ j 3 ::1 . ;; .~ All parking lot landscaping shall be consistent with the approved plan for Creekside Plaza. Parking lot lights shall be consistent with the approved design for Creekside Plaza. All two-way traffic aisles shall be a minimum 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. LANDSCAPING 1. r,,:'.:}:::';- [..-0.' r:'::';-;';. I,. A detailed landscape and irrigation plan has been submitted for Creekside Plaza, which includes this parcel. It shall be approved by the Planning Services Department prior to the issuance of building permits for this project. R. [ i~;~~~;;1 ~..::::. " i l.. 1669 Resolution No. p-92-23 Page 5 Unnecessary pruning and/or removal of either parking lot trees or perimeter trees without the written approval of the City of Poway's Landscape Architect is prohibited. 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 2. SIGNS 1, Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. 2. A Comprehensive Sign Program for Creekside Plaza including the Brigantine signs shall be submitted to the Planning Services Department for their review and approval by City Council. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: GRADING 1. Grading 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. A final compaction report shall be submitted and approved prior to issuance of building permit. 3. Site grading shall be certified by the project civil engineer prior to issuance of building permit. STREETS AND SIDEWALKS 1. Reciprocal access and/or maintenance agreements shall be provided insuring access to all parcels over private parking areas and maintenance thereof to the satisfaction of the Director of Engineering Services. 2. All damaged off-site public facilities, including parkway trees, shall be repaired or replaced to the satisfaction of the Department of Engineering Services, prior to granting of occupancy. Prior to any work being performed in the public right-of-way, an encroachment permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to any other permits required. 3. i I ~ 1 1 I r;.... ," .'" L 7. 8. " , 9. ., ! 1670 Resolution No. P-92-23 Page 6 UTILITIES 1. All proposed utilities within the project shall be installed underground. 2. Utility easements shall be provided to the specification of the serving utility companies and the Director of Engineering Services. 3. The developer shall be responsible for the relocation and undergrounding of existing public utilities as required. 4. 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. 5. Prior to occupancy, the sewer and water systems serving the project shall be installed to the satisfaction of the Director of Engineering Services. 6. Prior to issuance of building permit, all sewer fees shall be paid. All improvements shown on Improvement Plan TM 90-05, and Grading and On-Site Improvements plans for Creekside Plaza _ G 802-92, shall be installed to the satisfaction of the Director of Engineering Services, prior to occupancy. All outdoor light fixtures shall use sodium vapor light source, except lighting. a clear, low pressure for landscape accent Cable television services shall be provided and installed underground. The developer shall notify the cable company when trenching for utilities is to be accomplished. APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Section No. 3203(e) and City of poway Ordinance No. 64. 2. v/s , l._ The building shall display their numeric address in a manner visible from poway Road. A minimum size of the building numbers shall be six inches on the front facade of the building, street facing side. The building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff Department ASTREA criteria. f'" ~. '. L ~~W::}: i...... L.. 1671 Resolution No. P-92-23 Page 7 The buildings shall be required to install an approved fire sprinkler system, meeting poway Municipal Code requirements. The entire system shall be monitored by a central monitoring company. A system post indicator valve with tamper switch, also monitored, shall be located by the City Fire Marshal prior to installation. The approximate location will be at the public main in front of the new building. 4. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. 3. 5. Two new on-site fire hydrants are required. The location of the hydrants shall be determined by the City Fire Marshal. The approximate location will be as installed within the Creekside Plaza project site. 6. 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 Valves. 7. A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area. Plans shall be submitted and approved prior to installation. 8. Permanent access roadways for designated as "Fire Lanes" with markings. 9. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. fire apparatus shall be appropriate signs and curb APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this l2th day of May 1992. ATTEST: McXrn~rm;~f \l~{l<xWl(l~IJlJi~xxx~ XXx Kathy McIntyre, Deputy Mayor k 7Uw~-t.- K. Wahlsten, City Clerk ~.. t I......, I:;::::' i L 1672 Resolution No. P- 92-23 Page 8 STATE OF CALIFORNIA ) ) SS. ) 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-92-23 , was duly adopted by the City Council at a meeting of said City Council held on the 12th day of May , 1992, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO NONE NOES: ABSTAIN: NONE ABSENT: GOLDSMITH ~ ~ d UlUJ..-6... i K. Wahlsten, City Clerk f oway REPORTICUP9203.RES