Covenant Regarding Real Property 2007-0403922
," r-~.#
. . ';" i) 0 -,-n 4 0 ~, gr) 2
- .
.. l.J.Aj 4_ . I _ ....) '-
RECORDING REQUEST BY ) 11Iil Ii iil :IIIIIIII! 111111111111111111111111111111111111111111111111
. " )
CITY OF POWAY )
) JUN 14 2007 2:54 PM
WHEN RECORDED MAIL TO' )
~ff ) CIFFICI.":,,L F:Elllf-:[I'-,
t:,~:. Lilt' illl:nUf-il', Fi[CIIF[IEF;": uFrl:_E
CITY CLERK ) 1_,i-iE.I;CiF 1.1 :,MITH. c~ IIJr.;T, F;ECCiF:[IEF-:
CITY OF POWAY ) ~tf 2':'.UII
POBOX 789 ) r .:..!--it:' I.
(r~ POWAY CA 92074-0789 ) 10728 Illiililillillmllilllllllllll!lIlllllllllllllllilillllllllllllIii 11111 II!I 1111
)
) 2007 -0403922
APN: 317-490-55 ----------
COVENANT REGARDING REAL PROPERTY
Jeffrey S Dolphin, PROPERTY OWNER ("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 MCUP 07-01, by the City of Poway ("CITY"
hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution
(Exhibit B)
This Covenant shall run wit~ the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, succes'sors, heirs, personal -
representatives, transferees and assigns of the respective parties.
In the event that MCUP 07-01 expires or is rescinded by City Council at the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
In the event of litigation to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including rea nable attorneys'
fees, from the other party
OWNER.
6-g--lj.o7 <
Dated: By'
(Notarize)
Dated: , /q/O{ CITY OdAY ~
By' Niall Fr~cf; of De elopment Services
0"4. -OL\C)
, . .
) to_72~
/'
EXHIBIT "A"
PARCEL 1.
THE WESTERLY '534.00 FEET OFTHE, 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
BERNAROINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN OIEGO, STATE OF CAUFORNIA,
ACCOROING TO OFFICIAL PLAT THEREOF, NOVEMBER 19, 1880.
PARCEL 2:
AN~EASEMENT FOR ROAD AND ,PUBUCUTILITY PURPOSES OVER, UNDER, UPON AND ACROSS THE SOUTHERLY
21.00 FEET OF THENORTHER~Y 411.00 FEET OF THE EAST HALFOFTHE SOUTHEAST QUARTER OF SECTION
14, TOWNSHIP I'! SOUTH,RANGE'2WEST, SAN BERNARDINO MERIDL6,N,INTH~ CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCOROING TO OFFICIAL PLAT THEREOF, NOVEMBER 19, 18BO.
EXCEPTING THE STRIP OF LAND [)ESCRIBED IN PARCEL 2 ABOVE, THAT PORTION INCLUDED WITHIN THE
BOUNDARIES OF THE PROPERTY DESCRIBED IN PARCEL 1 ABOVE.
. . .
10730
CALIFORNIA- AlL;PURPOSEACKINOWlEDGMENT
. .
" "
, ,
Stale of California } ss
County of _ "YJAI j / t~O
"
, on~;?IE: f, 2007 , before me!lLYlUJ ~/y,/I", ;forA#'( Argue
,
"
, Dale Jtrf'..et"'Y S Name and Tille-of Officer (e.g., "Jane Doe, Notary Public')
personally appeared .f)OL.../JlI#
Name(s) ofSigner(s)
o personally known to me
, l:>Lproved fo me on the basis of satisfactory
" evidence
to be the person~ whose name(l4. is/affl
@ PHYlLIS SHINN subscribed to the within instrument and ,
" . ' Commission # 1450304 acknowledged to me that he/s'1ie/th'&v executed ,
.. · Notary~. Cafflomta ,
,. i' San DIego C<3UitIy - the same in his/l1;er/t~ authorized
_ _ _ ~:o:m:.f~~9.:.2~71 capacity(i~), and that by his/h~/th~r .,
signature(~on the inslrument the personl~, or ,
the entity upon behalf of which the person(~ ,
acted, executed the instrument. ,
, ,
, WIT~Yhanda~ ,
, L'
,
" Place Notary Seal Above ~ Signalure of Notary Public
,
,
" OPTIONAL
, Though the informatit;Jn be/9w is not rf1quired by law. it may prove valuable to personsreiying on the document
r and could prevent fraudulent removal and reattachment-of this'form to another document.
" ,
, Description of Attached Document ,
, Title or Type of Document: ,
, ,
, Document Date: Number of Pages: .,
,
Signer(s) Other Than Named Above: ,
,
Capacity(ies) Claimed by Signer
Sig'ner'is Name:
, o Individual .
, Top of thun'h here
, o Corporate Officer - Title(sl:
" o Partner - D.Limited 0 General
, o Attorney in Fact
, D Trustee
, o Guardian or Conservator
,
" o Other'
,
" Signer Is Representing:
,
,
'"
@1997Nallonal.NotaryAssocialion 9350 De SotoAve., P.O. Box 2402 Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
.' .
10731
RESOLUTION NO pc07c21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY; CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT (MCUP) 07-01
ASSESSOR'S PARCEL NUMBER 3,17-130-68
AND RESCINDING RESOLUTIONS NO P-97-40 AND P-94-27
WHEREAS, Minor Conditional Use Pennit (MCUP}07-01 was submitted by Jeffrey S.
Dolphin, Applicant; a requesUo allow Stix Family Billiards to relocate to an existing 3,336-
squarecfoottenant space within a multi-tenant commercial center The subject property is
located on the south side of Poway Road, in the Carriage.Center, within the Commercial
Business (CS) zone, and is addressed as 12845 Poway Road #204, and
WHEREAS, on May8, 2007, the City Council held a duly advertised public hearing to
solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, SE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1 The project is Ciltegorically Exempt asa Class 1 Categorical Exemption from
the California Environmental. Quillity Act (CEQA) pursuant to Section 15301 of the CEQA
Guidelines, in that the project involves negligible or no expansion of an existing use in a
developed commercial center
Section 2: The findings, in accordance with Section 17 48:070 of the Poway Municipal
Code (PMC), for MCUP07-01 to allow Stix Family Billiards on property located at 12845
Poway'Road #204, in the,Commercial Business (CB) zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
family billiards are in accord with the title and purpose of Chapter 17.48 of thePoway
Municipal Code (Conditi6nal Use Pennit Regulations), the City's General Plan, the
Poway Road Specific Plan, the Commercial General zone, and the development
policies and standards of the City in that family billiards are allowed with a Minor
Conditional Use Pennit. The project will not'sigrlificantly impact traffic circulation or
parking because the proposed use will take place inside an existing commercial
space.
B The location, size, design, and operating characteristics of the proposed family
billiards will, be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, bLiildlngs, structures, or natural resources
in that the facility has been designed and sited such that it will not result in visual
impacts t6 'the surrounding community and it will comply with the City of Poway
Municipal Code,and all other applicable State and County codes,
C The proposed family, billiards is in harmony with the scale, bulk, coverage, and density
of, and is consistent with, adjacent uses in that the proposed use will be inside of an
existing commercial building.
[ILh,}?/1: '3
. . 10732
I
Resolution No P-07-21
Page 2
0 There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed family billiards in an existing commercial building.
E. There will (;lot be a harmful effect upon the desirable surrounding property
characteristics inthatthe proposed family billiards.hasbeen designed and sited such
that it will not resuIUn,an.impact to the surroundJngcommunity The family billiards
will take place inside of an existing commercialbuilaihg, which is surrounded by other
commercial buildings.
F. The generationoftraffic will, not adversely impactthe capacity and physical character
of the surrounding streets and/or the Circulation Element of the General Plan in that
the proposed family billiards will be an additional service provided for the patrons of
the center and nearby restaurants. The family billiards will not cause any traffic
issues because the streets and site are developed to handle this traffic.
G. The site is suitable for the type and intensity of use or development, which is
proposed, in that the proposed family billiards use will enhance citizen interaction
opportunities in the City This will help the center move towards the City of Poway's
goal of the Poway Road. SpeCific Plan to promote land uses that provide citizen
interaction.
H. Therewill not be significant harmful effects upon enyironmental quality and natural
resources in thatthe proposed family billiards is located on a developed property and
does not involve the removal of natural habitat resources.
I There are no relevant negative impacts associated with the proposed use that cannot
be mitigated .in thatthe use will comply with PMC noise standards.
J. That the potential impacts, and the proposed location, size, design, and operating
characteristics of the proposed family billiards 'will not be materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan, in that the facility has been designed and sited such that it will not result in
impacts.
K. The propo~eclfamjlybilliards will comply with all.theapplicable provisions of Chapter
17.48'PMC:in.that the facility has been designed and sited such thaUt willn6t result in
visual impacts.
Section 3: TheCityC09ncilhereby approves MCUP 07-01 to allow family billiards inside
Stix. Family Billiards; located at 12845 Poway Road #204, as shown on the plans dated
March t, 2007, subjeCt to the following conditions:
A. Approilalof this MCUP request shall apply only to the subject project and shall not
waive compliance with all sections of the Zoning. Qrdinance and all other applicable
City Ordinances in effect at the time of BuildingPeimit issuance.
. .i 1
10733
Resolution No P-07-21
Page 3
B Within 30 days of the date of this approval: (1), the applicant shall submit in writing
that all conditions of approval have been read and understood; and, (2) the property
owners shall execute a Covenant Regarding Real Property
C The use conditionally granted by this approval shall not be conducted 'in such a
manner-as to interfere with. the reasonable use and enjoyment of surrounding uses.
D The conditions of MCUP07-01 shall remain in effect for the life of the subject
business, and shall run with the land and be binding upon future owners, successors,
heirs, and transferees ofthe current property owner
E. MCUP 07-01 is subject to annual review to ensure. compliance with the Conditions of
Approval and to addressconcems that may have been raised during the prior year. If
it is determined that there. have been complaints or issues raised with the use, or the
use is not in compliance, the review will be forwarded tothe City Council. The City
Council may add conditions to the permit, amend the pemiitor revoke the Conditional
Use Permit.
F If a Building Permit is required and/or prior to commencing the family billiards, the
applicant shall complywith'the following:
1 The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Gode; and all other applicable codes and ordinaricesineffect
at the time of Electrical/Building Permit issuance.
2. The site shall be developed in accordance with the approved plan on file in the
Development Services Department (dated March 1, 2007) and the conditions
contained herein and conducted pursuant to the project description on file
,with the City. A.final inspection from thePlanningDivision and Safety Services
Department wi/lbe required.
3. The hours of operation for the family billiards are to be seven days a week
from 1 :00 pm to 2:00 am, except for Special Occasions/Events that may be
approved by the Director of Development Services. Requests for such Special
Events must be submitted to the Development Services Department 10
working days prior to the event.
4 The applicant shall comply with the fOliowing requirements to the satisfaction
of the Director of Safety Services:
a. Do not exceed the legal occupant load of the tenant space. Post
maximum occupant load sign(s), indicating total capacity of both the
bar and patio areas.
b. Do not block any exits.
. . 10734
Resolution No. P-07-21
Page 4
5 The applicant shall construct anew solid decorative block trash enclosure, with
a solid metal gate, for the nearest dumpster location,
G Upon establish,mentof the use to allow family billiards inside of Stix Family Billiards,
pursuant to MCUP 07-01, the following shall apply:
1. All exterior doors of Stix Family Billiards tenant space shall be kept closed
while the business is in operation, except as needed for employee access and
access to the trash faCility A sign shailb~"placed on the inside of the door
" ,".. ..
stating this "Exitis'for Employees Only".
2. The owner or operator of the facility,shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
3 The applicant shall comply with Chapter 8.08 PMC with regard to noise
4 Any signs proposed for the use shall be designed and approved in
conformance with. the Sign Ordinance and the Comprehensive Sign Program
for the Carriage Center
H. The applicants shall cohstruct the following improvements to the satisfaction of the
Director of Safety Services:
1. The building'shall display their numeric address in a manner visible from the
access stree.t: Mihimumsize of the building numbers shall be six inches on
the front fa9adeofthe building.
2. A properly licensed' contractor shall install an automatic fire alarm system to
approved standards, System shall be completely monitored by a U.L. listed
central station alarm cornpany or proprietary remote station.
3. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A breakaway padlock shall be required
for the fire sprinkler system Post Indic;ator Valve.
4 Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
5. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and
75' travel distance.
Sectioh 4' Resolutions No. P-97-40 and P-94-27 for MCUP 94-02 are hereby rescinded.
. . . 10735
.
Resolution No. p-a7-21
Page 5
Section 5. The approval ofMCUP 0.7-0.1 shall expire on May 8, 20.0.9, at 5:0.0. p.m., unless,
prior to that time, the conditions above have been completed in reliance on ihe MCUP
approval and the use has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Councilofthe City of Poway, State
of California, this 8th day of May 20.0.7.
ATTEST
~~
STATE OF CALIFORNIA)
) ss.
COUNTY OF SAN DIEGO)
I,. L. Diane Shea, City Clerk of the City of POW(ly, do hereby certify that the
foregoing Resolution No. P"G7c21, was duly adoptl:)d by the City Council ata meeting of
said GityCouncil held on the 8th day of May, 20.0.7, and that it was so adopted by the
following vote:
AYES' BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT. NONE
DISQUALIFIED' NONE
6:bcl~
City of Poway