Covenant Regarding Real Property 1992-0356956
RECORDING REQUEST BY:
DOC J 1992-0356956
09-JUN-1992 08:42 AM
CITY OF POWAY
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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)
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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rescinded by City Council at the request of the OWNER, CITY shall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:
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CITY OF POWAY
By
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(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.
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. .GENEP.AL ACKNOWLEDGMENT
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* State of
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PARTNERSHIP ACKNOWLEDGMENT
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: State of d/J~A/'/2Lel
: County of cf4/! ~ ~
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* 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"
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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 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.
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On this the c.Y~ay of ../~ 19 'f.2., 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.
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satisfactory evidence
the within instrument
acknowledged to me that
CORPORATE ACKNOWLEDGMENT
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[] 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. *
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Notary's Signature *
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* State of
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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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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.
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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.
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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.
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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.
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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.
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9. That there are not other relevant negative impacts of the
proposed use that cannot be mitigated.
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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.
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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.
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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
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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.
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4. All parking spaces shall be double striped.
LANDSCAPING
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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.
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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.
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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.
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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.
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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
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Kathy McIntyre, Deputy Mayor
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K. Wahlsten, City Clerk
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1672
Resolution No. P- 92-23
Page 8
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-92-23 , 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
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i K. Wahlsten, City Clerk
f oway
REPORTICUP9203.RES