Covenant Regarding Real Property 2001-0863707
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'1. . 005973 DOC tJ'2001 ~O863707
'r
RECORDING REQUEST BY: )
) NOV 28, 2001 8:38, A/'1,
CITY,OF'POW,ll. Y ) OFFICIAL RECORDS
fZ WHEN RECORDED MAIL to: ) SAN DIEGO;CIJlJt!TY RECORDER',S OFFICE
) GREGORY J. SMITH, CIJlJt!TY RECORDER
-rf ) FEES: 25.00
I CITY'CLERK )
CITYOFPOWAY ) \ \\\\\\\\\11 \\I~\\\\\ \\\\ 1~\\\ \\1\\ \\\\\ \\\\\ \\U\~ \\\\\ \\U\\
P'O BOX789 )
POWAY CA 92074-0789 )
) 2001.0863707
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Richard G Just, PROPERTY OWNER ("OWNER" hereinafter) is the owner of
real property described in~Exhibit A which is attached l1l:lreto and made a part hereof
and which is'commorily known as Assessor's Parcel Nuinber275-460-65-07
("PROPERTY" hereinafter). Ih consideration of the, approval of CUP 01-11. by the City
of Poway("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the
attached Resolution (ExhibitS).
This Covenant shall run with the land and be binding upon and inure tothe
benefit of the future owners, encumbrancers, successors, heirs; personal
representatives, transferees an'd assigns of the respective parties.
In the event that CUP 01-11 expires or is rescinaed by City Council' at the
request ofthe OWNER; CITY shall expunge this Covenant from the record title of the
PROPERTY
In the event of litigation tqJenforce the provisionsofthis Covenant, the prevailing
party shall be entitled to,full reimbursement of all costs, including reasonable attorneys!
fees, from the other party
OWNER:
Dated Ie. //L(C( By' i2l~~{C:- JtUrj-
Richard G. Just (Notarize)
CITY OF POWAY
Dated: ? l~~l By:
Niall Fritz, DireCtor of eldpment Services
';;03-0f/ /c;,J4-J7 o 1-4.L
Dtij fOfLf
"\ ' . .
005974
EXHIBIT A
LEGAL DESCRIPTION
Lot t, '.US 1 "232, per document 1996-129543 and an undeveloped interest in Section
35, Jown~hip 1:}, Range 2 West.
APN: 275-460-65
" . .5975
.' C~LlFORNIAALL~PURPOSE,ACKNOWL:EDGNiEiIIT
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~ State;:of:Calif6rnia } g
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,~ On ()\ bet )0'" !}ro I , before me, ()Q(Y'(?:) AA,h,::-:;,>0.
~~ .. . Date ., -:- Na,me and Tille 01 Officer (e.g.. "Jane Doe, Notary Public") ~
g persoh31Iyappeared ~ ICX\c.rc-t (;, U~ , ~
2 Name(s) of Slgner(s) ~
g -I' FJ8r~8ABII~' kR9wRte FAG i
~ Xl proved to me on the basis of satisfactory ~
B evidence ~
t.i ?i
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>: to be the person(:il whose name is/~ B
~ subscribed to the within instrument and ~
~ f~ - _u- 1 acknowledged,to methathe/iil;e:UI13y executed ~
, _ """"'-""'SON '", "me Ie ""I","',ei, '"'",,"'" i
2 - -,JAMESATKIN IAj capacity(~ and that by his~
. NOTARY PUBLIC-CAUFORH . " . ,
~. ~,' COMM. NO.,1321379 - signature(.8t"on the:instrument the perso~ or I~
. . SANDtEGO COUNTY . '" " , ' , , '~
~ , MV COMM. EXPSEPT. 20, 2006 f the entity upon behalf of which the personM' ~
,~~ _' acted, executed:the instrument. g
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~ WITNESS:my hand a~d off I.
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{ hough'the informatIOn below,ls'not'required by law, It may prove valuab_'e topersons relying on the document g
p and could prevent frau.dulentremoval and reattachment of this fortiUo another document. ~
~ Descriptio f Attached ,Do~ument ~
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f Document Date:
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~ Capacity(ies) Claimed by Signer
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~ 0 Individual l' . j l' b.h
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" 0 Ccirporate,Officer - Title(sl'
~ 0 Partner -D'Limited 0 General
;0 0 Attocney in Fact ~
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I 0 Other' I
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(' Igner epresentJng:
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@ 1999 N~liOnal Notar, Associal!On. 9359 De SOIa AVe., PO. Box 2402 Chatswonh, CA 91313-2402. wwwnat;onalnotaryorg Prod,No, 5907 Reordet:CaIlToll.Free 1-800-876.jj.627
. 0.976
RESOLUTION NO P- 01-51
,A RESOLUTION OF THE CITY COUNCI.L
OF THE CITY OF POWAY, CALIFORNIA,
,A;PPROVING CONDITIONAL USE,PERMIT 01-11
ASSESSOR'S PARCEL NUMBER 275-460-65
WHEREAS, Condition.;JIUse Permit 01-01 wa,s submitted by the City qf Poway,
Applicant and Richard Just, Owner, to establish a temporary City fire fighter/paramedic
ser;vice facility in the medical office building located at 15525 Pomerado Road, Suite B-3
within the Commercial Office zone; and
WHEREAS, on Sep1ember 18, 2001, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro ana. con, relative to this application,
and
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1 The City Couhcil finds that Conditional US}" Permit 01"11 is Categorically
Exempt from the provisions of the,California Environmental quality Act, pursuantto Section
15301,'Class 1 exemption, in that the use will be locating within an existing medical office
facility where adequate parking is available to serve the use
Section 2: The findings, ih accordance with Section 17A;8.07Q ofthe PowayMunicipal
Code for CUP01-11 to allow a temporary City fire fighter/paramedic service facility to be
established within the. existing medical office building located at t5525Pomerado Road,
Suite B-3, are made as'follows.
A. The fire fighter/pa[arhediC'Service facility will be locating within an existing medical
office building. The use is a public facility, which is allowed in the Commercial
Office zone with the approval of a Conditional Use P~rmit. Therefo[e, the proposed
location size, design and operating characteristics ofthe proposed use are in accord
with the title and purpose. of Section 1748 070 of the Poway Municipal Code, the
purpose of the zone in which the site is located, the City General Plan, and the
development pol~cies and sta;,dards of the City
B 1;he fire fighter/paramedic facility will be locating within an existing medical office
buildihgwhe[e the surrounding land usesincludemiscellaneous medicaLoffices and
an outpatient surgery center Therefore, the locatio!), size, design and operating
characteristics 'ofthe proposed use will be c'ompatible with ahd will not adversely
affect, or bt:'J materially detrimental to adjacent uses, buildings, or structures,
C There will be no significant increase in the scale, bulk or coverage of site
improvements, since the use will be OCCUPYing existing medical offic,e facilities and
minor tenant modifications will be required Therefore, the harmony in scale, bulk,
coverage'anddensity of the project is consistent with adjacent uses.
~K'r\\b~+ 'B
. O~77
Resolution No p- 01-51
Page 2
0 Thereiare,public facilities, services and utilities available,
E, TheJirefighter/paramedicfacility,will occupy an,existingmedical office suite and will
not constitute an enlargement'of an existing use, Therefore, there will not be a
hi:lrmfuleffect upon desirable heighborhood characteristics.
F The, project will notincreasetrafficsince it is anticipated that, on aVE!rage, the facility
will respond t03 to 4 c:;alls per day (within a 24-hour period) compared with 85
average daily trips that would be generated byamedicaloffice that used the1 ,700-
squarecfoot tenant space, Therefore, the geheration of traffic will not adVersely
impact the capacity ,and physical character of surrounding streets and/or the
Circulation Element:of the General Plan,
G The fire fighter/paramedic facility will occupy existing medical office space. where
adequate parking facilities are provided Therefore, the site is suitable for the type
and intensity of use oraevelopment that is proposed,
H The fire fighter/paramedic facility will occupy existing medical office space, The use
will not involve hazardous materials or processes, Therefore, there will not be
significant harmful effects upon environmental'quality and natural resources.
I There are no other relevant negative impacts of the proposed use that cannot be
mitigated,
J The project will not involve any noticeable exterior changes to the,structures The
proposed use is an allowable use in the Commercial Office zonewiththe approval
of a Conditional Use Permit. Therefore, the impacts, as described above, and the
proposed location, size, design and operating characteristics of the proposed use
and the conditions under which it would be operated or maintained will not be
detrimental to the public health, safety or welfare, or materially injurious to
. ,
properties or improvements in the vicinity nor be contrary to the adopted General
Plan, and
K, Thatthe proposed conditional use will complywith,each,oftheapplicable provisions
of Section 17 48 070 of the Poway Municipal Code,
Section 3 The City Council hereby approves CUP 01-11 to establish a temporary City
fire fighter/param~dicservice facility in medical office building located at 15525 Pomerado
Road in, the Commercial Office zone, as shown on the plans dated August 8,2001, subject
to the following conditions:
A, Approval.of this CUP request shall apply only to the subject project and shall not
waiVecorTmliance,withall sections of the Zoning Ordinance and all other applicable
City ordinances in effect at the time of building permit issuance
'. . .005978
Resolution No p. 01-51
Page 3
B Within, 36 days of the date of this approval, the property owners shall execute 'a
Covenant on,Real'Properly
C l:.he. .LJse conditionally graritedby this approval shall not be conducted in such a
mariner as to interfere with the reasonable use and enjoyment of surrounding
commercial use
D The conditions of CUP 01-11 shall remain 'in effect for the life of the subject fire
fighter/pa ramedicfacil ity
E, CUP 01-11 may be subject to review as determined by the Director of Development
Services for compliance with the conditions of approval and to address concerns
that may have been raised during the prior year
F Prior to establishment; of the use, a Building Permit shall be obtained. Prior to
. - -. 4, - ,-
issuance of a Building Permit, the applicant shall comply with the following:
1 The applicant shall comply with the latest adopted Uniform Building Code,
National Elect[ic Code, and all other applicable codes and ordinances in
effect at the time of electrical/buildirig permit issuance, I
G Prior to obtaining a final inspection on the building permits, the applicant shall
comply with the following:
1 The site shall be,developed in accorda,nce wi,th the approved plan on file in
the Developmeril'Services Department and,the'conditions contained herein,
A final inspection from the appropriate City. Departments will be required
I Upon establishment oftheJire fighter/paramedic facility, pursuant to the approval of
CUP 01-11, the following, shall apply'
1 The faciljty shall be operated in such a manner.as to minimize any possible
disruption caused by. noise The siren for the ambulance shall not be turned
on before the ambulance is at the PomeradoRoadand MonteVista Road
intersection,
Section 4 The approval of CUP 01-11 shall expire on September 18, 2003 at 5'00 p,m,
unless. prior to thattii'ne, a Building Permit has been issued and construction on the
property in reliance on the CUP approval has commenced prior to its expiration,
Section 5, This, Conditional Use Permit shall b!3come null and void upon cessation of the
use.
. . 00597~
Resolution No P- 01-51
Page 4
PASSED; ADOPTED and APPROVED by the City Council of the City of Poway,
StateofCciliforhic;i, this 18th aay of September 2001
ATTEST
'\
I ,
~'
Lori Anne Peoples, City CI rk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples,City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No P-Oi-51. , was duly,adopted by the
City Council at a meeting of said City CounCil held on the 18th day of September 2001, and
that it was so adopted tiy thefollowihg vote:
AYES. EMERY, GOLOBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN NONE
ABSENT NONE
o i Anne, Peoples, City
City 'of Poway