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Covenant Regarding Real Property 1999-0649232 ,. ~-,."'-' ....&,. ---- ft 'tf< -..,,; . 24,2'0 DOC' 1999-0649232 RECORDING,REQU'ESt'SY. ) ) ) ) ) ) ) ) ) ) ) ) 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' ~l-r } 11 , - il Andrew,U Dated: 91(~/7! CITY OF POWAY , By4~!'~~- NialrFritz, . ireetor ofD~rvices N:\PLANNING\99~EPORT\Cl}P9909.COV ~: -"'- . 2421 . '-:.'. -=; 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 2422 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. . Ifi:.:E*":'-f ~NoIc:.y Publ"IC - CallfamiD !: z San DIego CaunIy t _ _ _ _t.tf~.:.~,:~2k~t WITNESS my hand and official seal. ~- , .e--z<---'4?'1./ ~~ 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 .. ,I . 2423 EXHIBIT B RESOLUTION NO P- 99-67 . 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. .:;' ~ ",'. , . 2424 . 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 , . . 2425 . 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. . 2426 . 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, t . 2427 . 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' ,,-- 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;~~ bqA\~()~ ~ ((' i~) ,~\.I. ' V / , 1\ f:yll ,jlAv\..-'-I"N~I.LJ 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 , (; I \ ~ Ii r', J-) \ "Y- \:" (ll ~, (\ P '---./\ ,) \l \.' \.. _ ,C _ f .~_' (.-1 Lori Anne Peoples, City Clerk City'of Poway N:\PLANNING\9gREPORT\CupggO!3;~I;S