Covenant Regarding Real Property 1992-0036495
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
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846
DO( " 1992-0036495
23-JAN-1992 08=27 AM
OFFICIAL RECORDS
SAM DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, CDUHTY RECORDER
RF: 11.00 FEES:
AF: 17.00
MF: 1.00
29.00
COVENANT REGARDING REAL PROPERTY
(This space for Recorder's Use)
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Michael Pinto, a married man, as his sole and separate
property, as to an undivided one-half interest and Samuel Goldstein
and Pamela Goldstein, husband and wife as community property as to
an undivided one-half interest ("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 317-490-55 ("PROPERTY" hereinafter). In
consideration of the approval of Conditional Use Permit 90-19 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 90-19 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rescinded by City Council at the request of the OWNER, CITY shall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'
f"'es. from the other party, The CITY may assign to persons
impacted by the perfcrmance of this ovenant the right to enforce
this Covenant against OWNER.
Dated:
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Dated:
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Dated:
CITY OF POWAY
By
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Acknowledgement
State of CALIFORNIA
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On January 21, 1992
}ss
before me.
J. Fontaine
County of ~range
personally appeared Samuel Goldstein and Pamela Goldstein
and Michael Pinto
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J. FONTAINE
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CIWI6E CIUl1Y
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personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s)V-are subscribed to the within instrument and acknowl~
edged to me that ~~Jthey executed the same in l;w&/hl!tUtheir authorized
capacity(ies), and that by..t:>i<JXr /their signature(s) on the instrument the person(s). or
the entity ehalf f which the person(s) acted. executed the instrument
WITN my hand an fflc'. eOA
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(This area for official seal)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it cou d prevent fra is certificate to another document
Convent regarding real property
,HIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages 2 Date of Document
TT 1100 (11/90) Signer(s) Other Than Named Above
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THE WESTER~Y 534.00 FEET OF THE EASTERLY 1034.00 FEET OF
THE NORTHERLY 411.00 FEET OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, NOVEMBER
19, 1880.
PARCEL 2:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER,
UPON AND ACROSS THE SOUTHERLY 21.00 FEET OF THE NORTHERLY
411.00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 14. TOWNSHIP 14 SOUTH. RANGE 2 WEST. SAN BERNARDINO
r'1EF<IDIAhl, IN THE COUNTY DF S{:)~.~ DIEGO, STATE' OF CALIFOF:NIA,
ACCORDING TO OFFICIAL PLAT THEREOF, NOVEMBER 19,.1880.
EXCEPTING THE STRIP OF LAND DESCRIBED IN PARCEL 2 ABOVE,
THAT PORTION INCLUDED WITHIN THE BOUNDARIES OF THE PROPERTY
DESCRIBED IN PARCEL 1 ABOVE.
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849
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RESOLUTION NO. P- 91.-87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 90-19
ASSESSOR'S PARCEL NUMBER 317-490-55
WHEREAS, Conditional Use Permit 90-19, submitted by Dezzi
Bashogi, applicant, requests approval to operate a restaurant which
will offer alcoholic beverages other than beer and wine within the
existing center located at 12845 Pbway Road in the CG zone; and
WHEREAS, on December 17, 1991, 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 project 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
characteristic 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. 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
'wi th adj acent 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.
4.
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.
"EXHIBIT B"
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Resolution No. P-91-87
Page 2
s.
That there will not be a harmful effect upon
neighborhood characteristics, in that the
separation between residential and commercial
be adequate.
desirable
physical
uses will
6. That the generation of traffic will not adversely impact
the surrounding streets and/or the City'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.
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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.
a. That there will not be significant harmful effects upon
the environmental quality and natural resources.
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 90-19
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. Hours operation shall be limited to 7:00 a.m. to 1:00
a.m. seven days a week. Alcoholic beverages shall be
served only during the hours that food is served.
3.
Seating shall be limited to 36 places. However, upon
annual review, the Planning Director may grant an
incremental increase in seating based on traffic
patterns.
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.
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Resolution No. p-91-87
Page 3
The applicant shall provide the City with a copy of the
license issued by the Alcoholic Beverage Control Board
prior ~o commencement of use.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5.
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.
3. The trash receptacle to be used by this restaurant shall be
enclosed by a six foot high masonry wall with view-obstructing
gates pursuant to City standards. Location shall be subject
to approval by the Planning Services Department.
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.
4.
5. Pr ior to any use of the proj ect site or bus iness activity
being commenced thereof, all conditions of approval contained
herein shall be completed to the satisfaction of the Director
of Planning Services.
6. 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.
7. For the 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, Traffic Mitigation
Fees; water and Sewer Service Fees. These fees shall be paid
prior to building permit issuance.
8.
Site development requirements for handicapped accessibility
found in Chapter 71 of the State of California Building
Standards Code must be adhered to. All new buildings shall be
accessible throughout.
Disabled access must be provided throughout the restaurant.
A minimum of three feet clearance behind the service bars must
9.
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Resolution No. P- 91-87
Page 4
be maintained. Entry to front service bars must be
maintained. Entry to front service bar shall be adequately
sized to allow for disabled access. Partition between urinal
and' toilet in men's room shall be relocated in order not to
interfere with disabled access. At least one seating space
for wheelchair bound customers shall be designated. Doorway
hardware shall comply with disabled access requirements.
10.
A grease trap shall be installed on the sewer.
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.
11.
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' obtain a LOA for two EDUs of sewer
capacity prior to issuance of a building permit.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1.
The buildings shall display their numeric address in a manner
visible from poway Road. Building addresses shall also be
displayed on the roof in a manner satisfactory to the Director
of Safety Services. Minimum size of building numbers is six
inches on facade of building.
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2.
Resolution No. p--91-87
Page 5
A "Knox Box" security system and Knox padlock shall be
provided for the building and post indicator valve meeting
Department of Safety Services requirements.
3. Hood and duct extinguishing system shall be installed for
cooking areas.
4. Provide 40 BC extinguisher for kitchen area and minimum
2A:10BC extinguisher for assembly area.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 17th day of December I 91.
ATTEST:
mith, Mayor
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Wahlsten, City Clerk
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
854
Resolution No. P-91-87
Page 6
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, Qf
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-91-87 , was duly adopted by the City Council
at a meeting of said City Council held on the 17th day of
December ,1991, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
REPORT\CUP9019.RES
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
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e K. Wahlsten, City Clerk
oway