Covenant Regarding Real Property 1999-0630997
,
- -.
-. ~
.
DOC tt1999~0630997
,..,.......
':,'(;;~, - ."
. , RECORDING REQUEST BY:
"<\1 _h .-.. ~
. ,
pi
~l,
elJ r-
CITY'OF POWAY
)
)
)
)
)
)
)
)
)
)
)
)
(This sp'3ceforRecorder's Use)
SEP 15.
1999 8:33
AM
OFFICIAL RECORDS
SAN DIEGO COUNTY . RECORDER'S OFFICE
GREGORV J. SIlITH. COUNTY RECORDER
FEES: 28.00
WHEN. RECQRDED MAIL TO:-
CITY CLERK
CltY'OF POWAY
P,O,BOX789
POWAY CA 92074'0789
1878
"
No Transfer'Tax Due
COVENANT REGARDING REALPROPERTY
Trident Homesof:Caiifornia ("OWNER" hereinafter) is the owner of real prop-erty
described in !=xhi,bit A ,which IS attached hereto and, madE) a pact hereof and which is
commonly !<nowh as Assessor:s Parcel Number 320-200-43 ("PROPERTY" hereinafter),
In consideriiltion of the approval of Environmental.Assessment:and Minor Conditional Use.
Permit Q9~071:>Y the Cityo(Poway ("CITY" hereinafter),0WNER herebY'.agrees:to abide
byconditiohs oftheattached:resoiution (Exhibit B).
This'Covenant.shall rLJrrwith the'land and be binding upon and inure to the benefit
of the future owners; einc,Urpbrahcers, successors, heirs', personal representatives;
transferees and assigns 'oft!)e 'respective parties.
In the event,that;Er'!,iirolliTI!:lntal Assessment and MinorConditional Use,Permit,99"
07 expires or"is rescinded oy CiW Council at the request of the OWNER, CITY shall
expunge this CovenanNrom,the record title of the PROPERTY
In the; event.of'litigati6'Il,tg enforce the provisionsofthis Covenant,: the' prevailing
party shall be entitled to full reil1')Qursement of all costs, lricluding reasonable, attorneys'
fees, from the other par:ty,
-- . -'... -
Dated
~1.p.3o,. Hi'i?
TRlbENnioMES OF CALIFORNIA
~ .~
... ~ bi-" .e
OWNER(Notarize)
~
Dated:
g/rA'f
CITY /ZAY ~
By' ~1E.'
Ni~rl Fritz, Director 0 evelopment Services
N:\PLANNING\99REPORT\MCUP9907.CQY
C~L;FORNIA ALLoPURPol ACKNOWLED,GMENT .
State of
CALIFORNIA
County of
ORANGE
On AUGUST 30, 1999
pale
before me,
JOSEPHINE C. CHIEN, NOTARY PUBLIC
Name and,Tille of Officer,{e_g., Jane Doe, Notary Public")
personally appeared
DANIEL ZAU
Name(s)9fSigner(s)
IXI personally known to me - OR - 0 proved to me on the basis of satisfas:!()ryevidence to be the person(K)
whose name(Si) isJax<<subscribedto the within instrument
and acknowledged to me that he/~ executed the
same in his/tiOOtlxOOKauthorized capacitY(iJeK), and that by
his/~rsignature(E) on the. instrument the person(s:) ,
or the eniity upon .behalf of which the person(K) acted,
executed the instrument.
~--------"--"r
~ JOSEPHINEC. CHIEN,
~~ Commlssionii11761Bo
1 ~(jflJ~&. . ~ Nota,ry Public'- Califoo.io; ~>'
z........ ,
~ '~ Oronge County cl
-. .~ MyComm. ExDirestv1ar13.;2D2. .
-------------"'!""
WITNESS my hand and official seal.
:'
+
l
....--
Signature of Notary Public
OPTIONAL
Though the 'information below is notrequired;bylaw, it may prove valuabliHo persons relYing on the document and could prevent
fraudulent removaJ.'and reattachment of this formto:another document.
Description of Attached Document
Title or Type of Document: COVENANT REGARDING REAL PROPERTY
AUGUST 30, 1999
Document Date:
Number of Pages:
TWO
Signer(s) Other Than Named Above: N I A
Capacity(ies) Claimed bY Sigher(s)
Signer's Name:
DANIEL ZAU
Signer's Name:
o individual
00 Corp6rate:Officer
Title(s): VICE PRESIDENT
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other' Top of thumb here
RIGHT THUMBPRINT
- OF.SIGNER~
o Individual
o Corporate 'Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other" Top of thumb here
RIGHT THUMBPRINT
OF SIGNER _
Signer Is Representing:
Signer I.s Representing:
TRIDENT HOMES OF
CALIFORNIA, ,INC.
@1994National Notary Association. 8236 Remmel Ave., P.O. Box 71B4. Canoga Park;9A 913097184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
'.'
.
.
18:80
EXHIBIT A
LOT 65 OF CITY OF POWAY TRACT NO 88c04R UNIT NO, T; IN THE CITY OF P0WAY,
_ _ . _,,' , __ _'_' _ ,_' _", r ,"_, _ _ ,..' , _
COlJNTYOFSAN DIEQO, ~TA1;~ OFCALIFORNIA;iXCCORDINGT0 MAP THEREQF
N(2 133,64, FIL~D'INTH.E OFfIgE QF THE COUNTY RECORDER OFSAN DrpG0
COUNTY, OCTOBER 1;7, 1996.
APN 320~200-43
N:\PLANNING\99REPORT\MCUP9907.DES
, .
.
.
"
1881
RESOLUTION~NO P-99-62
A RESOLUTION OFTRECITY COUNCIL
OFTHE CITY0FPOWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL ,USE PERMIT 99-07
ASSESSOR'S PARCEL NUMBER 320"200-43
WHEREAS, the applicant requests a Minor Conditional Use Permit to allow a5692
squClre fOQt;dental building (Building A) for medical, dental and reiated .health serVices,
initially for fourcl.entists/dentaLspecialists on the southeast portion ofthe ScrippsPoway
Plaza, 6.6!;j acres on the southwest corner of Scripps Poway Parkw~y and Pomerado
Road,South Poway Commercial"land use designation in the South Poway Planned
Community,jand,
WHEREAS, on August 17, 1999, the City ,CounCil, held a duly advertised public
hearing to solicit commenfs from the public, both pro and con, relative' to this application.
WHEREAS, pursuant to, Government Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the<90-day period to protesUhe imposition of any'fee, dedication,
reservation, or other exaction described in this resolution begins on the Elffective date of
this resolution andanysuch protest mustbeina mannE1r that complies with Section 66020
NOW, THEREFORE.; the City Council does hereby resolve as follows:
Section 1, Environmental Findinas:
The City Council found thai this project would not have C1sighificant:adverseimpact,onthe
environment and issued a:'Negative Declaration with mitigation measures for the original
shopping center approval on December 16, 1997 An addendum to the environmental
study addressing trafficfor'the dental building has been reviewed and considered.
Section 2: Conditional:Use Permit Findinas:
1 The project.isfconsistent with the General, Plan and the South Poway'SpecificPlan
which'designates this:site for commercial use,
2. That thl:) location; size, design, and operating characteristics of the medical, dental
and related health services building is in accord with the title and pu:rp6se of this
resolution,. the' purpose of the land usedesignation,ih which the site is located, the
PowayGeneral. Plan and the South Poway Specific Plan, in that the subject
prop,erty is located in an area designated for commercial development and the
potentiaL uses ,are allowed with the approval of a conditional use permit.
EYJ1/~) T t3
.
.
1882
.
Resolution No P - 99-62
Page 2
3 That'the location, size:,design, and operating charac;teristics .of the medical, dental
and related health.iservices building will he COITlI:latible with and will not adversely
affect or be materially'detrimental to adjacent uses, residel'!ts, buildings, structures,
or natural resources, in:thatthe initial dental office uses will be located in an area
.designatedfor:commercial development and the site is 1000 feet,t to the nearest
residences occupied or under construction in Rolling HiII~ Estates, arid the impacts
will be similado other uses which are permitted by right on the property
4 That;the.,harmonyin..scale: bulk, coverage,.anddensityi is,consistentwith adjacent
uses because the site:has been developediwitha buildirig which hasbeendesigned
to be,compatiole with surrounding structures and with other buildings within the
shopping center,
5 Thatthere are available public facilities, servic:es, arid utilities, because the use will
be ,located in adeveiopment where all necessary"'facilitiesare in place to the
periphery of.theprqperty ..and can be readily eXtended,.and the design of the
facilities anticipated the development of the site with commercial uses,
6 That therewill notee a harmful effect upon desirable neighborhood characteristics,
in that the. use(s)wiILbe:located withfn an exi~til)g planned commercial 'area and
appropriate condition's have been included to mitigate any potential impacts.
7 That the generation of traffic will not adveffielyimpa,ctthe'sulTounding. streets'and/or
the City's TransportationJ::Iement, in thatthe use(s)"will operate oufofa,commercial
center where,eidsting street improvemElrits 8!1cJ offtstreet parking are adequate and
the scale ofthe proposed activity does not eXCeEl9aSsu~ptions made when traffic
impacts for the commercial center were reviewed in 1987 and in a December 1997
traffic study
8 That the site is sLiitableforthe type and ihtEm~ity pf the use, in that it isanarea
designated'for commercial use and the 'interisitybfuse proposed is less than that
which is allowed'by the applicable development standards.
9 There will,not, be significantharmful effects upon environmental q~ality ane! natural
resources in that the nominal amounts of hazardous materials maintained in the
dental' offices will beihandled with normal protocol.
10 That there are no other relevant negative impacts ofthe development that cannot
be mitigated.
.
.
1883
,
Resolution No. P _99-62
Page 3
Section 3: City COlin' ell Decision:
The City Council her~by approves MCOP 99-07 sUbject to the following conditions
(conditions marked with an asterisk are environmental mitigation measures):
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE ,APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES,
PLANNING. DIVISION.
1 Within 30 daysof'llRproval (1 ) the applicant shall submit in writing that all conditions
of approvai have been read and understood; and (2) the property owner shall
execute a Coveriant on Real Property
2. The use conditionally granted by this permit shall' not be conducted in such a
manner as to interiere with the reasonable use, and enjoyment of surrounding
residential and commercial uses.
3.* This conditional 'use permit shall be subject to annual review by the Director of
Development Services for compliance with the conditions of approval and to
address concems that may have occurred during, the past year If the permit is riot
in compliance with the. conditions of approval, or the Development 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 The first annual review is t9 be done by the City Council and
include an evaluation of the Treadwell Drive and Pomerado Road
ingress/egress.
4 No parking is' allowed on the portion of Treadwell Drive adjacent to the
ingress/egress,
5 Ail required Building Code and disabled access regulations shall be incll;Jded in the
design and construction ofthe facility
6. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance,
7 This approval shall 'become null and void if the minor' conditional use permit is not
utilized forth is' project within two years from the,dataof project approval.
COMPLIANCE WITH TI;IE FOLlOWINGCONDITIC>NS IS REQUIRED. COMPLIANCE
SHALL BE ApPR9VEDBY THE DEPARTMENT' OF DEVELOPMENT SERVICES,
ENGINEERING DIVISION.
,
.
.
1884
Resolution No P- 99-62
Page 4
8 This,siteis currently under construction, All off-site,and on-site work, including the
grading and construCtion of the parking lot, driveways,street pavement, and
sidewalks shall 'be completed priorto the building occupancy
9 Drainage, traffic mitigqtion, sewer connection and water fees for the Trident Center
were paid previously.
COMPLIANCE WITH:rHE FOLLOWING CONDI;rIONS:.rS'REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
10 No occupancy iShall be permitted until paved access is provided to and from the
shopping center.
11 The applicant shall submit construction plans for review during fire sprinkler plan
check,
12. Applicant shall comply with the Uniform Fire Code'and the NFPA forthe storage and
use of medical gases,
APPROVED an'd ADOPTED by the City Council of the City of Poway, State of
California, this 17th dayotAugust, 1999
Michael P Ccifagha, Mayor
ATTEST
i
" ,; -'-^' (
k. \, I \, 'L "--:'\ I
_ "\'.....---.,, " '.J ~ ,
Ihe.et;>Ycel!lly. under 1119 penOIly of
perJury. lhatthe above and
foregoing Is 0 true and' correct copy
oi Resolution No, P-'l9-6:( .
as odopted by !he CIIy Council of
PowaV. CaIItomla on 1hA rJ .z-L
dotolr:::t,.d;t:' 19~
LORI . PEOPlES.~
9M~O~ ~
Lori\ll.nne Peoples, City,Clerk
.
.
1885
.
Resolution No. P -99-62
Page 5
STArE'OFC::ALlFORNIA )
)SS
COUN-rvOF SAN DIEGO)
I, Lori Anne Peopl,~si qty Clerk of the City of Poway;,do hereby certify, under the
penalty"ofpe~ury,that thef6fegCling Resolution, No. p_99~62 ,Was duly'adopted by the
CityCouncilata meetlng o{<s,aidCity Council held on the 't7th day of August, 1999, and
that it was so adopte9 ,bY'thefollowing vote:
AYES
EMERY, GOLDBY, REXFORD, CAFAGNA
NOES
NONE
ABSTAIN:
ABSENT'
NONE
HIGGINSON '\
~ r ,
. \ Ie,', I (' \, \, '_ yU...."': i c-
Lori Anne Peoples, City Clerk
City of Poway
n:\pJanning\99report\mcup9907.res