Covenant Regarding Real Property 1999-0649232
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DOC' 1999-0649232
RECORDING,REQU'ESt'SY.
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SEP 23. 19999:14 AM
OFFICiAl RECORDS
SAN DIEGO'COUNTV RECORDER:S OFFICE
GREGORY J. . SMITH, COIJNTV RECORDER
FEES: 28.00 .
~ II/I II In 1111 "m III lIIII llll-
1999,0649232
(ThissRace for Recorder~s,Use)
,CITYOFPOWAY
WHEN RECORDi::D MAIL TO:
CITY CLERK
~ITY.OFiPOWAY
P <2'!!Q,Xl,89 ..
POWAY c:A'92074::07~9
No Transfer Tal(Due
COVENANT REGARDING REAL PROPERTY
Andrew J Parker ("OWNER:' hereinafter) isthe'owner'of real property described
,in Exhibit A which is ,a.ttached hereto :and made a part. hereof and which is; commonly
known as Assessbr~s PCircel Number 317-281-11 ("PROPERTY" hereinafter), .in
consideration of the CiPptovi:!1 of'EnVitonmental Assessment and Conditional Use Permit
99~09/Specific Plan Ame[1djiletit 84".01PP by the City of Poway{"CITY" hereinafter),
OWNER',hereby agrees'to abide oy conditions of the'attached resolution (Exhibit B).
This Covenant. shall tUd Withtl)e land and be binding upon and inure to the benefit
of the future owners, encurn,btCiQcers, :successors, heirs, personal representatives,
transferees'and assigns cif the respective parties,
In the event that Environmental AssessmelJt, and Gonditional Use Permit 99-
'09/Specific Plan Amendment 84"01PP expires or is rescilJde'd by City Council at the
request of the OWNER, CITY shall expunge this Covenant .from the recbra titie of the
PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the preVailing
party shall be entitled to full'Teirribursement of all costs, including reasonable attorneys'
fees, from:the'other party
Dated'
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Andrew,U
Dated:
91(~/7!
CITY OF POWAY ,
By4~!'~~-
NialrFritz, . ireetor ofD~rvices
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EXHIBITA
LEGAL DESGRIPTI0N
Lo/94 df City of Poway Tract No. 85-04, Unit II; in the City of Po way, State of
California, according:to mapthereof'no, 12572, filed in theofficeofthe County
RecordercifSan Diego County; February 28,1990, aslnstrumen/No. 90-t07515
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CALIfORNIA ALL.PURPol ACKNOWLEDGMENT
State of ~_
County of ~ jJ~
On5j::P-{fEJ1I!JE.1l. /.5:/ 'lrbefore me, V V
Dol' " ~TitlOOfOffi"C"'9" J,
personally appeared ~JJJ J)I
?/ Name(s} of Signerls)
o personally known to me
~ proved to me on the basis of satisfactory evidence
to be the person\SLwhose nam~)~re subscribed to the
within instrument and acknowledged to me th~heithey
executed the same in~eritheir authorized capacity~
and that by1Qeritheir signature~on the instrument the
person~or the entity upon behalf of which the person'\sl....
acted, executed the instrument.
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Ifi:.:E*":'-f
~NoIc:.y Publ"IC - CallfamiD !:
z San DIego CaunIy
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WITNESS my hand and official seal.
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SignalureolN aryPublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulerit 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(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - D Limited 0 General
o Attorney~in,Fact
D Trustee
D Guardian or Conservator
D Other'
,
Top 01 thumb here
D Individual
D Corporate Officer
Title(s):
D Partner --0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other'
"
Top of thumb here
Signer is Representing:
Signer Is .Representing:
@1996 National Notary Association. 8236 Remmel Ave., PO. Box 7184' Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call TollFree 1800876.6827
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EXHIBIT B
RESOLUTION NO P- 99-67
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A RESOLUTION OF THE cl'rYeouNciL
OF THE CITY OF POWAY~.CAUFORNIA
APPROVING CONDITIONAL USE PERMIT 99-09
ASSESSOR'S PARCEL NUMBER 317-281-11
Wf:iEREAS, Conditional. Use Permit 99-09 was submitted by Andy Parker for the
purpose of establishing a Health Fitness Center within 'an existing bUilding located at
13000 Danielson Street intheUght Industrial land use designation, and
WHEREAS, on .August 31! 1999, the City CounCil held a duly advertised public
hearing'to soliCitcomments'from the public, both pro and con, relative to this application;
and
WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN thatthe'90-aay period to protest the imposition of any fee, cjeejication,
reservation, or other exaction d_escribed in this resolution begins on the effective d(:lte..of
this resolution and any such protest must be in a manner that complies with Sectiqn'66020,
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1. Environmental Findinas:
The City CounCil find~,ttJat a Negative Declaration w,ill l5.e issued (with no significant
adverse impacts a~ti~ipated) due to the addition of special requirements to tt:le
project.
Section 2: Findings:
1 The project is consistent with the General Rlan and the South Poway
~Specific PI.an in,:that it designates this site:for ligh!:'industrial:usesdncluding,
the one proposea, with the benefit cif a conditional use permit.
2. That the location, size,. design, and operating characteristics of the,use will
be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, buildings, structures, or natural resources, in that the
project is ,being located on a property which contains an existing building
which'can,a'ccommodate the proposed use,
3 Thafthe harmony in scale, bulk,cbite'rage, and density is consistent with
adjacantuses,. because the site Will beirT)pr6ved with the installation of
landscaping and other improvements in ,accordance with the South Poway
Development Standards.
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Resolution No. P"99-67
Page 2
4 Thatthere are available public facilitles,SefvlCes, and utilities, becaLisecthe
use will be:iocated in a development where all necessary facilities are
ail'eady in place.
5. That there will _not be a harmful' effect upori desirable neighborhood
~haracteristics, in'that the facility is located in a ne'virbuilding similar to other
buildingswithihth'eSouth Poway Busines~ Park.
6. That the geri~rati9h of traffic will not aclvers~ly impa~t the'surrounding streets
and/or the,City's Transportation Element" in th'atthe use.will op~rate in. an.
area where existing street improvements and off-street parking will be
adequate given the ,scale of the proposed use,
7 ThaHhe sjte i$ liuitable for the type,and intensity of the use in that it iSian
area designated for light industrial, uses with immediate access to a major
street:
8 'That therewill not be significant harmful:effects upon environmental quality
and naturalresources; in that there are no natural features remaining'on the
property.
9 That there aremo"other relevant negative impacts of the development that
cannot"be,mitigated.
Section 3. City'Council Decision,
The City Council 'hereby approves Conditional. Use Permit 99-09 subject to the
following conditions:
Within 30 days of approval (1) the applicant shall submit in writing that all
conditions of approval have been reaifand understood; and (2) the property
owner shall execute,a Covenant on Real Property
t. The use,condiJionally granted by this permitshall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of the
surrounding light industrial uses.
2, This conditional use permit may be subject to annual review as determined
by the Dir.eCt9r of Development Services for compliance with the conditions
ofi=.jPPIo'val and to address concerns that may have occurred during the past
year
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Resolution No pc 99'-67
Page 3
COMPLIANCE ,WITH THEJ:OLLOWING CONDITIONS ~S REQUIRED. COMPLIANCE
SHALL ,BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES,
PLANNING DIVISION.
SITE DEVELOPMENT
1 Site .shallbedeveloped in accordance with the ,approved site plans on file in the
Development Services Department and the cO(lditions contained herein, Prior to
any use oftheprojectsite"or business activitybeing~,commenced there()n, all
,conditionsrotapproval.contained herein shall beicompleted to the satisfaction
of the Director of DeveJopment Services.
2. Revised 'site plans, building':elevations and floor plans, incorporating all conditions
of approval shall be submitted to the Development-Services Department prior to
issuance of building permits. An outdoor fenced' area for a children's play area shall
be,shown asa future option.
3 ,Approval of this request shall not waive compliance with the South Poway Specific
Plan, the Zoning Ordinance and all other applicable:Gityordinances in effect at the
time of building permit Issuance,
4. The applicantshali 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.
5 Trash receptacles'shall be enclosed within a six-foofhigh masonry wall with view-
obstru_cting gCites pursuant to City standards, Location'shall be subject to approval
by the Development:Seniices Department prior to occupancy
6 The project's,interiorbuildingsquare footage, architectural design, and construction
materials,shall be,in conformance with the: approved Detailed Site Development
Plan, building, elevations and floor plans, and materials:sample board, respectively
7 Signs shall be approved and permitted by the Poway Development Services
Department under"a separate permit prior to installation.
8 Record drawings for site and building improvements must be submitted and
completed prior to occupancy
9 This,approvat shall.become null and void if building permits are not issued for this
project within two years from the date of projeciapproval.
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Resolution No P-99"67
Page 4
PARKING AND VEHICULAR ACCESS'
10 The parking Jot shalLbe.slurry sealed and all parking spaces shall be double striped.
The parking lotdesighshail comply with the Americans with Disabilities Act, i.e., a
1.:25 ratio for accessible spaces with at least one van accessible space.
11 The aisle width forthe parking area shall be a minil}1umof 25 feet. The 12 parking
spaces on the east sia.ebfthe building shall be compact spaces (8' x 15') and the
corresponding spaces to the east of the parking aisle shall also be compact,spaces.
12, A clear space betweehthe bay doors atthe,easFside ofthe building and wheel stop
blocks for the proposed,additional12 parking spate-s shall be a minimumbf6:5feet.
13, The parking shall be limited to a maximum of. 104 spates as permitted by the lease
agreement: Seventy~fbur (74) ahd an additional p[oposed twelve (12) along the
eCist side ofthe building, and an additional eighteen (18) non-reserved spaces. The
parking sl]all beshowrr:on the detailed site plan to the satisfaction of the Director
of Development SerVices,
COMPLIANCE WITH THE F,'OlLOWINGCONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES,
ENGINEERING DIVISION.
UTILlTIESI FIXTURES
14 A sewer connection fee in the amount of $22,382.00 shall be paid to the
EngineeringDivision of the Development Services Department priortothe.issuance
of the occupancyand,use permit for the proposed athletic health club, The fee was
assessed based on the,number of plumbing fixtures (38), Equivalent Dwelling Units
(EDU's) of sewer capacity; and square footage ofthe:health club
COMPLIANCE'WITH THE FOllOWING CONDITIONSIS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
15 Subinit a complete set of tenant improvement plans for approval prior to initiating
constructioh.
16. ComplylNith, the-Uniform Fire Code and NFPA for the installation and use of medical
gasses (oxygen).
17 Submitfire s'prinklerplans for changes to the fire sprinkler system(s) and fire alarm
system(s) for approval prior to construction,
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Resolution No. P- 99~67
Page 5
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 31stday of -Au gust, 1999
ATTEST
Mayor
STATE OF CALIFORNIA, )
)SS.
COUNTY OF SAN DIEGO )
I hereby,cerilfy under.lhe penolly'of'
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perjury. \hat lheobove and
foregoing Is a true and coirectc9Pv
Of R86OIuIlon ND/- 99.4 7 ~
o. ocklPlOd by Ihe ClIYiCoundlof
Powoy~aon.... '3lx:r::&
dayo! ',1~ '
LORI ANNPE6PLEs;~~
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Lori Anne Peoples, City Clerk
I, Lori Anne Peoples, qtiClerk of the City of PowCJY, do' hereby certify, under the
penalty of'perjury, that the foregoing Resolution, No. P"99-67 ,was duly adopted by the
City Council at a meeting 6f'saidCity Council held on the 31st day of August, 1999, and
that it was so adopted I:>Y thef6110wing vote:
AYES~
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES'
NONE
ABSTAIN:
NONE
ABSENT
NONE
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Lori Anne Peoples, City Clerk
City'of Poway
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