Covenant Regarding Real Property 1999-0315338
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DOC '1999-0315338
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RECORDING,REQUEST BY'
CrrYOFP9WAY
WHEN:RECORDED!MAIL TO:
'CI!YCLERK
CiTY OF POWAY
PO BOX 789
POWAY CA 92074-0789
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MAY 10. 1999 8:21
AM
OFFWIAl REWRDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ. SMITH, COUNTY RECORDER
FEES: 28.00
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
.Ralph D Powers and Dolora 'f!,. Powers ("OWNER" hereinafter). is the owner of real property
described in Exhibit Awhich is.attached:hereto.and made a part hereof and. which is commonly known as
Assessor's'Parcel Number 317-473'01,thru:05 C:PROPERTY":hereinafler,).. In considerationofthe approval
of Minor Concliii'bnal U~e Permit92;b~(Iv1) by the City of PowaY.C'CITY"hereinafler), OWNER hereby agrees
to abide by conditions of the attached resolution (Exhibit B).
This Covenant shail run'..with the land and be binding upon' and inure.to the benefit ofthe future
owners, encumbrancers, successors, heirs; personal representatives, transferees and assigns of the
respective parties.
IntheevenfthatMinor.Conditional Use,permit92-03(M) expires or is:res,cinded,by .C:ity Cpl,!ncilat
the re.~uestofthe OWNER~.CITYshall expunge.this:Covenaillfrofn the'record title of the PROPERTY.
In the event of litlgationtOjlnforc!l:lheprovisions of. thi,sCoy~~ant,.lhe prevailij1gpartyshallbeentitled
to fuil. reimbursement of aILcosts,..including reasonable attorneys' fees, from the other party
Dated:
s/--// Y?
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KA'O~!Z ~~
Ralph D wers, OWNER (Notarize)
~Lt.~JJ, B:11U.A-4-
DciloraA Powers, OWNER (Notarize)
Dated:
,..jj~/7Y
CITY OF POWAY
Dated
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By:
N :IPLANN INGIREPORTlMCUP9203:CO\!
~A:V~OIJJ"IA ALL.PURPO. ACKNOWLEDGMENT
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County of S q ...; 0;6"'-0
On S. Y.1'7 before me, ~,:r: f",N'A'Y ;1ID~,fY;:?t-;~(./c
personally appeare:" ;(1I-J...f?J1 iJ. P" '-'ere s ,10 ::;";;~"d~0;t:~;';"4." N?J:IC ~ r ,
- Name(s)ofSigner(s)
o personally known to me - OR-){proved to meon the basis of satisfactory evidence' to be the person(s)
whose name(s) is/are subscribed to the within instrument
and aCknOw!edgedlo me that he/she/~ executed the
same in his/her/their authorized capacity(ies), and that by
his/her/t~r signiiliire(s).on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
State of
. ~ _ _ _ A _ _ _ _ _ _ ~ ~'(
~. G.F.SINAY ..
o .. COMMc#1192636 . '"
o _ : NOTARYflUBLI~AL~F9~NIAG')
::! SAN OIE~COUNTY 9
I " IFO CQMM. EXP AUG. 8,. 20Q2 I
# ~ ~ - - - - - - - - ~ - - ,
Though the information below is notrequired1jy,/aw,:it may prove valuable'to persons/elyingon'th
fraudulent remova; and 'reattachment of this form ra: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'bySigner(s)
Signer's Name:
Signer's Name:
o Individual
D Corporate Officer
Title(s):
D Partner - 0 Limited 0 General
o Attorney-in,Fact
o Trustee
o Guardian or Conservator
D Other- Top 01 thumb here
RIGHT.THUMBPRINT
'OESIGNER
D Ihdividual
D Corporate Officer
Title(s)'
o partner ~D Limited D General
o i'\ttorney-in"Fact
o Trust~e
o Guardian or Conservator .
o Other' Top of thumb here
Signer Is Representing:
Signer.ls Representing:
@ 1994 National Notary Associatio~' 8236 AemmetAve., P.O, Box 7164. Canoga Park, CA 91309-7184
Prod. No," 5907
Reorder: Cal! Toll-Free 1-600~676-6827
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LEGAL DESCRIPTION
THE NORTH 320.00 FEET OF THE WEST HALF OF THE t:-IORTHEAST QUARTER OF
THE SOUTHWEST QUARTEFiI OFSECTION 13, TOWN$HIP14S0UTH, RANGE 2 WEST,
SAN BERNARDINO BASEAND'MERIDIAN, IN THEGgUNTYOF SAN DIEGO, STATE OF
CALlFORNIA,.ACCORDING'IO UNITED STATES GOVERNMENT SURVEY APPROVED
NOVEMBER 19, 1880
EXCEPTING THEREFROM THE EASTERLY 364.50 FEET THEREOF
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EXHIBIT A
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EXHIBIT B
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RESOLUTION NO p- 99"30
A REsoLuTION OFTHE CI1'Y COUNCIL
OF THE CITY OF POW.A.Y,CALlFORNIA
ApPROVING A MODIF:ICATION TO
MINQR CONDiTIONAL USE PERMIT 92-03M
ASSESSOR'S PARCEL NUMBER 317-473"01 thru 05
WHEREAS; Minor80nditional Use Permit 92-03M;;submitted by Elks Lodge 2543
requests approval to modifY'the minor conditional use permit tpallow for the rental of the
Elk's 81ub for certain non-member activities and to allow the con~truction of a small
smoking patio, The property is 'located at 13219 PowayRoad within the Town Center
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zone, and
WHEREAS,on April20, 1999, the City Council held a duly advertised public hearing
to obtain testimony both pro and con on the above described, item.
WHEREAS, pursuanf to Government Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN thatthe90:'day period to protestthe imposition of any fee, dedication,
reservation, or other exaction described in this resolution begins on the effective date of
this resolution and any,such,protestmustbe in a manner that complies with Section 66020
NOW, THEREFORE, the City Council does herebYTesolve as follows'
Section 1. EnvironmentalFindings:
The City Council finds that the proposal is Categorically Exempt, Class 1 from the
CalifClrnia Environmental Quality Act in that the use 'operates within an existing
building.
Section 2: Findinas:
1 The project i~cdrisistent withthe.PowClY Road Specific Plan ar:1d the Poway
General Plan in'thaUraternal services and social clubs are permitted within
the Town Center Cohlrnercial'zone with the approval of a conditional use
permit.
2, That the location" size and design and operating characteristics of the use
will be compatible with and willnota_dversely affect or be materially
detrimental to adjacent uses, builtlings, structures, or natural resources, in
that the,use will locate within an existing commercial building.
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Resolution No. P- 99-30
Page 2
3. That:the'scal~, bulk, coverage and density is, consistent with adjacent uses,
in that the use Will be located within an existing building and the proposed
smokers patiois'8 minor addition to an ,existing building.
4 That there are available public facilities., services and utilities to serve the
lodge in thatthe site is completely devel6petl and is served by existing public
facilities and utilities.
5. That there will .not be a harmful effect upon desirable neighborhood
characteristics:inthat the use will be located within'ane'xisting building and
atemporaryuse permit will be required for any band/concert related special
events.
6 That the generation of traffic will notadversely impact the-surrounding streets
and/or the City:s Circulation Element in thaUhe traffic volumes,generatedby
the use cal}pe readily handled by the existing roadways without impacting
the existing level of service. .
7 That the'site is suitable for the typeancj intensity of use and development
proposed intha,t.,tbe site is in al) area de~ignatedfor commercial use and the
Elks have a reciprocal parking agreement'-With the adjacent commercial
busineSS.
8. That ,there will not be significant harmful effects upon the environmental
quality and natural resources, in that the use .will be contained within an
existing building on a fully developed site.
9 That there are,no other relevant impacts of the' proposed use that cannot be
mitigated.
Section 3: City Council Decision:
The City Council hereby approves MinorCondi~ional Use Permit 92-03M subject to the
following conditions:
1 Within 30 days of approval, (a) the applicant shall submit in writing that all
conditions otapproval;have been read and understood, (b) the property owner shall
execute a 'Covenantan Real Property
2. The use conditionally granted by this permit shall not be conducted in such a
manner as to interfere with' the reasonable use 'and enjoyment of surrounding
residential 'and commercial uses.
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ResolutionNo P,99-30
Page 3
3. This cOflq[tipnal use permit shall be subject: to, annual review ,by the Director of
DeVelopment Services for compliance with the conditions of approval and to
atldress concerns.:fhat!may have occurred diJringJhepast year. If the permit is not
in cqmpliance with the "conditions of approval" or the . Development Services
Depa,rtment has Teceived complaints, the required Cjnnual review shall be set for a
public hearing before the City Council, to consider modification of the'use permit.
COMPLIANCE WITH TRE':FOLLQWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE:DEVELOPMENTSERVICES'DEPARTMENT.
SITE DEVELOPMENT
1 Site shall be developed;in accprdance with tbe ,approved 'site plans on file in the
Development Services Department and the cOl)dition's contained herein.
2. Revised site plans and building elevations'incorpqrating all conditions of a'pproval
shall be submitted to. the Development Services Department prior to iSSiJanceof
building permits. The proposed enclosed patio area shall be re-designed so
that'the existing parking stalls locatedalongthe.front of the building will not
be impa.cted or displaced.
3 The color of the 4 foot high wrought iron railing proposed to enclose,the smoking
patio shall be dark grey or black.
4 Approval of this request"shall hot waive compliance with all sections of the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of building
permit issuance.
5 Prior to any use of the project site or business,activity being commenced thereof,
all conditions of approval' contained herein shall be completed to the satisfaction of
the Director of DevelopmentServices.
6 The applicant shall obtain the required building department approvals and permits.
7. Theapplic(3ntishllWcomply with the latest adopted Uniform Building Code, Uniform
Mechanicc:il Code, !Jniform Plumbing Code" National Electric Code, Uniform Fire
Code"andall'otherapplicable codes and ordinances in effect at the time of building
permit issuance.
8. The applicant shall obtain the required approyals from the Alcoholic Beverage
Control for the enclosed smoking patio are~ prior to issuance of building permits.
A copy of the, new or modified license shall be- submitted to the Development
Services 'Department. Upon receiving the necessary approvals from Alcoholic
:
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'Solution No. P-99-30
Page 4
Beverage Control" MCUP 93-02M allows the Elks to sell alcoholic beverages only
to members and their member-accompanied guests;
9 Special events that are. beyond the narmal,qperatian,af a private club or involve live
music (I.e., band concerts or bands playing farweddings or parties) shall require the
approval of a temporary :use permit by the Director of Development Services.
Events such as dart.toumaments, non-member meetings, or parties and weddings
without live rh,usic:shail not require a temporary use permit. All activity shall be
confined within the building:
10 In accordance with Section 8.44.080, the keeping or storage of motor homes on the
premises is prohibited,
11 All youth ( underage 18) related activities sponsored. at the lodge shall comply with
City curfew laws. Adequate'adult supervision shall be provided during such events.
Access to the bar/lounge area shall be restricted ana'secured during any youth
related events.
12, A reciprocal parking agreement shall be established and maintained to provide
additional, c1asecby parking for special events.
13 The approved haurs,af.operatian are as follows:
Sunday
Monday - Thursday
Friday and Saturday
8:00 a.m. - 9:00 p,m.
11'00 a.m. -12:00 midnight
11 :00 a.m. - 2:00 a.m.
14 Tile maximumoccuparicy of the building shall not exceed standards established in
the Uriiform Building Catle.
SIGNS
Any signs proposed for this development shall be designed and approved in conformance
with the. Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS;IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1 Provide .appropriate exit signage over new door into smoking patio area.
2. Gate limiting access"to parking area west of Elk's Lodge shall not reduce access
width below 20 feet. If these gates are electrically operated, they shall be equipped
with a Knox override key switch.
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Isalution No. P-99-30
Page 5
APPR0\ZEDand ADOPTED by the City Council of the City of Poway, State of
California, this 20th day of April 1999
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIE~O )
I hereby certify under the penoh'y of
perjury. that the above and
foregoing is a true and correct copy
of Resolution No. p- qq -?f)
os odopted by the City Council of
Powoy. California on the 20+"
day of Ap'; \ . 193L
LORI ANNE PEOPLES. CIN CLERK
bcfu, (1.",,-, :4u"nJltl)
I
ATTEST
~PILJQU.)OJlQOO, ~pi(i,. ~ CUk
Lori Anne Peoples; City Clerk 1 b61
I, Lori Anne Peqples, City Clerk of the City of Po way, do hereby certify, under the
penalty of perjury, that the foregoing Resolution" No. P-99-:3Qwas duly adopted by the City
Council at a meeting ,of said 8ityCouncil held on the 20th day of April, 1999, and that it
was so adopted by the folloWing vote:
AYES
EMERY, GOLDBY, REXFORD
NOES
NONE
ABSTAIN:
NONE
CAFAGNA, HIGGINSON
ABSENT'
~ID~,QM"~ ~h,(//vJe,
Lori AnnePeoples, City Clefk I /)0'1
City of Paway
N,\PLANNINGlREPORTlMCUP9203,RES