Covenant Regarding Real Property 1991-0105230
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. 1?'62 11-MAR-I991 08=17 AM
SAN DIEGO,COUNIY RECORDER'S OFFICE
RECORDING REQUEST BY: ) ANNEITEEVANS, COUNTY RECORDER 1 00
.. - , RF:1Z;00 FEES: c3,
) AF: 10.00
C:ITY OF POWA'Y ) MF: 1. 00
)
WfIEN' RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY ) rzi\)
P.O. B0X 789 )
POWAY; CA 92064 )
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No' Tr.ansfer Tax Due ) (This space for Recorder's Use.)
COVENANT REGARDING REAL PROPERTY
Giuseppa Mogavero, a y.:idow ("OWNER" hereinafter) is the owner
.of real property described, in Exhibit P, whJcl1 is attached hereto
and made a part hereof and which is cOmmonly known qS Assessor's
Parcel Number 3l7-490-4'9 ("PROPERTY" hereinafter). In
consideraqon of the approval o,f Conditional Use Permit 9,0-08 by
the cityo.f ~oway ("CIT,Y," hereinafter), OWNER hereby covenants and
agrees~orthe benefit of tIle CITY, to abide by conditions of the
attached resolution (ExhIbit B).
This Covenant shall run w~th the, land' and be binding upon and
inure to the benefit of the future owners, encumbr'ancers.,
successors, heirs, persQnal representatives, . trans ferees and
assigns of the respective parties.
Ill' the event that Conditional Use ,Permit 9.0-08 expires or is
rescinded by City Council at 'the reques.t of the OWNER, CITY shall
expunge this Covenant from the record title of the PROPERTY.
If either party is required' to incur costs to enforce tlw
provi"ions oJ :tl1is ~ovenant'. the prevailing party.shall be.'entTtled
to full reimbyrsement :of aill cost:;;,. including reasonable attorneys"
fe,es, from t"he other parity. the 'CITY may assign to :persbns
,~!npa.cted, ,by' ;,the pe.rform,Cl1}F~ of. th:i:g Covenant the' right_to enforce - -,
this Covenant against OWNER . . ,
Dated: yJ - .9. ~- "'[I '~ t(J~A~j1(t;<r-/ld10t~1<S \)
. WNfR (NO tHe) ,
Dat~d:: Cf/itin; f; 11Q, eITY ,OR POWA)r
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By
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FORM 1402 ORDER-NO. 962268-10
l\LTAO~R'S POLICY
WESTERN REGIONAL EXCEPTIONS
EXHIBIT "1"
PARCEL NO.1, ACCORDING TO PARCEL MAP NO. 1377, IN THE CITY OF POWAY,
COUNT,J OF, SAN DIEgO, $TA.TE;,pri CALIFORNIA, F',J;LED' IN THE OFFICE OF THE
;COUNTY 'RECpRDER ,OF SAN,DIEGO COUNTY, MARCH 8, 1973 AS FILE NO.
73-061396 OF OFFICIAL RECORDS.
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c. y (" 0 +1"1
'./ '.-Stateof r\ ',J (r..~ l\ On this the.,,;>g day of ~AC\.~ 19 ,~, before Ire, *
,. b) 55. " ~ .
· D.:Juntyof Sa.M 'VJz(~)) . , 3e\'w'\e\\ 1--\0,(\( ~c a. CU , *
* the undersl.gned Notary Publl.c, personally appeared *
* *
: <3:5\ LA se?'Pc~ tJ. O,:jve.Rt, , :
· OFFICIAL SEAL (]- personally known, to me *
'* '0. .JENNETT MANISCALCO ~ ' ' *
NOTARY PUBLIC CAlIFORN'A 0 bas . 'f . 'f . d
· PRINC,PAl OFFICE IN proved to me on the l.S 0 satis actory evl. ence ·
* SAN O'EGO COUNTY to be the person (s) whose narre (s ) 'v.:> subscribed .
* M,Commi"!," e"" M.nO, 1993 to the within instrument, and acknowledged that ~ *
· 'executed it. .
· williEss my hand and official seal. .
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· No,., .' Signature . _ _ .
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PAR'rnERSHIP ~
* * * * * * * * * * * * * * * * * *.It * * * * * * * * * * * * * * * * * * * * * * * * * *.. * *
· state of On this the day ,of 19 , before Ire, .
· ) SS. -...
· County of ) , .
· the undersigned Notary Public, personally appeared .
. .
. .
,
,. .
· 0 personally known .to me ·
* - ..
· 0 proved to me on the basis of satisfactory evidence ..
· to be the person(s) who ,executed the within instrument .
* on behalf of the partnership, and acknowledged to ',rrethat ·
· the partnership executed it. , .'
· WITNESS rirjhand and official seal. .
. .
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. Notary's'Signature .
* * * . . * * * * * * * * * * * * * * * * * * * * * * * * * * * . * * * * * * * * * . * . * * ~
CXlRPORATE ~,
. * It. . * * * * * * * * * * * * * * '* .. * * * .. * * * .It .. . It, ',* '. * * * * * * *.. * '.~.'. * ..,~".
· ~tate of 0 ,On this the 'day of 19 _, before me,.
· ) 55. ·
· County of' ) , ·
· the undersigned' Notary Public, personally aPPeared ·
. .
. .
,
. .
· 0 personally knOwn to me ·
.' .
· nproved. to me on the ba;;is of sa~is~ac!-,:ry evidence to ·
· 'De the person(s) who executed the Wl.thl.n lnsttument as ·
· or on behalf of the coq:i:lrat'ion ·
· therein nana:!, and acknowledged to me that the corporation *
· executed it. ·
· WI'rnESS llrf hand and official seal. ·
. .
. .
· N<:jtary's Signature .
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RESOLUTION NO. P- 91-03
F.C. A RESOLUTION OF THE CITY COUNCIL
: OF THE CITY OF POWAY, CALIFORNIA
. APPROVING CONDITIONAL USE PERMIT 90-08
ASSESSOR'S PARCEL NUMBER 317'-49'0-'49
WHEREAS, Conditional' Use Permit 90-,08, submitted by Domenic
Mogaverci., applicant , requests ap'proval t'o operat'e a restaurant and
c'a:ri:y .out. delicates'sen wnich wi'll offer beer and wine wi thin the
existing center located at 12719 poway Road in the CO zone; and,
WHE.REAS, on January 8, 1991, the City Council held a hearing
on the, above-referenced item.
NOW, THJO:REFORE, the City Council does hereby resolve as
follows:
Section l:' Environrnental Finding's:
The City Council finds that this proj ec:t is categorically
exempt Class 1 from the California En~ironmental Quality Act
in that the project involves interior or exterior alterations
to such things asplunibing and partitions.
'l Section- 2: Findinqs:
, l. The proposed pro] ect will be consistent with the existing'
general plan and there is a reasogable probabil,i ty that
the project will be consistent w.i.th the proposed general
plan in that it is unlikely that land use designations
will change for this property.
2. That the location ,size , design, and operating
characteristic of :the. proposed use will be compatible
with and will hot adve'r"sely affect or be materially
detrimental t'o adj acent uses, residents,. bt!ilding~',
structures, or natural resources. The restaurant will
serVe beer, 'and wine and will be licensed by the ,Alcohol
Beverage Control Board.
3;., Th~t the scale., bulk, coverage, ana density is consistent
~ith adjacent uses, in that the restaurant and carry out
del'i will be located in an existing center and, the
seating capacity of the operation will be limited to
ensure that the on-site parking and limited off-site
parking on Silverlake Road will ,not negatively impact the
,surrounding businesses.
4,. That there are available publ-ic facilities, services, and
utilities to serve the proposed use as all faciliti,es and
services can be provided for through the conditions of
approval.
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Resolution No. P- 91c03
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5. That there will hot be a harmful effect u-pbhdesirable
neighborhood, characteristics, in that the phys.icaI
separation between residential and commercial uses ,will
be adequate.. .'
6 . That the generation of traffic will not adversely impact
the surrounding streets andlor' the CitY':3 Circulat:ion',
Element in that;, !'l condition of approval will require the
payment of Traffic Mitigation ,Fees and the restriping of
the existing off-street parking lot for the facility.
7 . That' the site is. suitable for the type and intensity of
use and deve19Prnent proposed in that the site is located
in, the Commercial Office zone, and that a r.es.taurant is a
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permi tted use in:, ,a commercial z.one ,with a conditional use
permit where beer and wine is offered.
8. That there wil::J. not be significal1t 'h,armful effects upon
the environmental quality and natural resources.
9 . That there are 'hot other relevant negative impacts of the
proposed use fl1at cannot be mitigated,
l 10. That the imp,acts; as described alJove" and the location of
the proposed use will not adversely affect the City of
poway General.. Plan for future 'as well as present
development.
Section 3: ci'ty 'Council Decis ion:
The City Council hereby approves Conditional Use Permit 90-08
subject to the following conditions:
L Within 30 di'lYs of approval (1) The ~pplicant shall submit
in writing that :a'l.l'conditions of approval have been Tei'ld
and tlflderstood:;: and (,2) the ,property owner shall execu,te'
aCovenaflton Real Property.
2. Hours ope r ationshall be limited to 7:'00, a.m, to 10': 00
p,'m. 'seven days a, we'ek.
3. Seating shall be limited to. 50 places. However, upon
annual rev i:ew'I the Planning 'Director may gr,ant an
incremental incr.ease in seating based on traffic
patterns,.
4 . The, use conditionally granted by this permit shall not be
conducted in's.uch a manner as to interfere with the
reasonaqle ',\.lse 'and 'enj'6yment of surrounding residential
and comrnerci'al uses.
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Resolution No. P- 91-03
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. ~. ' APPMCANT .SHALL' CONTAcr THE DEPARTMENT, 'OF PLANNiNG SERV,ICES.
. REGARDING 'COMPLIANCE WITH THE FOLLOWING CONDITIONS::
SrTE. DEVELOPMENT
1. Site shall be de'leloped in accordance w.ith the approved sTt~
plans on file in :the. Planning Services Department and .the
cOl1dittons contained herein.
2. Approva+ of'this request shall not 'waJ..ve compliance with all.
sectioJisof the Zofi.ing Development C,ode and all other
appl::i,'c!lple City Ord):nances in effect at the time of building
permit issuance.
3. Trash receptacle shall be enclosed by a six. foot high masonry
wall wHh view-obstr:ucting gates pupsuallt to City standards.
LocatioI1 shall besuPJ ~ct to approval by the Planning .Sery ices
Departm~nt. Trash en'closures shall not be located adjacent to
street frontages.
4. All, roof appurtenances, including airc,opditioners, shall be
architecturally integrated, shielded from view and sound
I buffered from adj Clc;:ent properties and streets as required by
, the Planning 'Se'rvices Depar,tment.
..' 5. Prior to any use .of the project site or business activity
being commenced ther~eof" all conditions. of approval contained
herein shall be completed to the satisfaction of the Director
of .Planning Serv.ices.
6. The appl.l,cant sl!all qlmply .,ith the latest adopted Uniform
Building Code, Uniform Mecl1ani,cal Code., Uniform ,Plumbing Code,
Nabiona'l Electric Code, Uniform Fire Code, and. 'all other
applicable codes and' ord'inances in effect at the time of
building permit issuance.
7. For the development, ,the appli,can.t' 'shall ,pay ,development f~es
.at ,the establishe? r,ate" ,Such fees may thclude, but hot be
limi tedto: petmi t and plan CheckThgFees, Traffic Mitigation,
Fees, Water and Sewer S'ervice Fees. These fees shall. be paid
p'rior to building permit issuance.
8. Si te development requirements f.or 'handicapped accessibility
found in Chapter 71 of the State of California Building
Standards Cod~ must be adhered 1::0. 'All new buildings shall be
accessible throughout.
9. Pursuant to MUI1;lcipal Code Section 17.10..150'(N) ';All new
construction and temodel'ing: shall be preplumbed for sola'r, hot
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Resolution No. P- 91-03
F Page 4
, water heating for the cOmmon facilities". The provision ,for
solar plumbing should be shown on the building construction
'set.
10. This approval shall become null and void if building permits
are not issued for this project within two years from the date
of project approval.
PARKING AND VEHICULAR ACCESS'
l. All p~r-k~ng lot landscaping shall consist of a minimum of one
l5 gallon size tree for every three spaces. Said trees 'shall
be put in tree wells in the front parking area for the
required 14 spaces (5 - 2 existing = 3 trees) of restaurant
parJsing.
2. parking lot lights, if desired, shall be low pressure sodium
and have a maximum height of 18 feet from the finished grade
of the parking surface and be directed away from all property
lines, adjacent streets and residences.
3. All two-way traffic aisles shall be a.minimum of 25 feet wide
and emergency access shall be provided, maintained free and
:l clear, a minimum of 25 feet wide at all times during
construction in accordance with Safety Services Department
, requirements.
4. All parking spaces shall be double striped with a minimum
inside dimension of 8'6" ,x 18' 6".
LANDSCAPING
1. The' landpcape planters adjacent to poway Road shall be
replanted with ground cover and shrubs.
2. A detailed landscape and irrigation plan shall be ~ubmitted to
and approved by the Public Ser~ices Department and Planning
Services Department prior to the issuance of building permits.
3. All landscaped areas shall be maintained in a heal thy and
thriving condition, free from weeds, trash, and debris.
SIGNS
1. On or before March l, 1991, the existing non-conforming
freestanding monument sign shall be removed or prior to
certification of occupancy of the restaurant whichever is
earlier.
2. Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance. The
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- Resolution No. P-91-03
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applicant shall submit a sign application to the Planning
Services Department prior to the installation of any sign.
ADDITIONAL APPROVALS RE0UIRED
The conditional use permit shall be submitted to annual review
by the Director of Planning Services for compliance with the
. conditions of approval-and to address concerns that may have
occurred during the past year. If the permit is not in
compliance with the conditions of approval, or if the Planning
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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
UTILITIES
1. All proposed utiliti~s within the proj~ct shall be installed
underground including existing utili ties along Circulation
Element roads and/or highways less than 34.5 KV.
,f 2. The applicant shall obtain a LOA for three EDUs of sewer
l capacity prior to issuance of a building permit.
3. The applicant shall pay the Traffic Mitigation Fee at a pro
rated amount based on the old use (auto parts store) and the
rate for a restaurant.
APPLICANT SHALL CONTACT ~HE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
l. Roof covering shall meet Class A fire retard~nt testing as
specified in the Uniform Building Standards No. 32-7 for fire
retardant roof covering mater ials, per City of poway Ordinance
No. 64.
2. The buildings shall display their numeric address in a manner
visible from ~oway Road. Building addresses shall also be
displayed on the roof in a manner satisfactory to the Director
of Safety Services. Minimum size of building numbers is six
inches on facade of building.
3. One of the following is to be done:
a. The building will be required to install an approved fire
sprinkler system meeting NFPA #13 and Tire Department
standards due to size (over 2,500 square feet) and
occupancy (assembly) of new tenant. The entire system is
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Resolution No. p-91-03
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, to be mon'i tored by a central monitoring agency. AsYstem
post indicator'valve with tamper switch, also monitored,
is to be located by the City Fire Marshal prior to
installation.
b. Fire sprinkler the new occupancy area al}.d install a rated
fire wall between the new occupancy and existigg leased, n _,
__ _ __ _ _ _ _ __space occupancies", - _c, - - - --
4. A "K'nox Box" security system and Knox padlock shall be
provided for the building and post indicator valve meeting
Department of Safety Services requirements.
5. Hood and duct extinguishing system shall be installed for
cooking areas.
6. Access for emergency vehicles shall be designated as fire
lanes with appropriate signage and curb markings.
7. Provide 40 BC extinguisher for kitchen area and minimum
2A:lOBC extinguisher for assembly area.
8. Prior to delivery pf combustible building material on site,
1 water and sewer sy,stems shall satisfactorily pass all required
tests and be connected to the public water and sewer systems.
In addition, the first lift of asphalt paving shall be in
place to provide adequate, permanent.. access for emergency
vehicles. The final lift of asphalt, shall not be installed
until all other construction activity has been substantially
completed to the satisfaction of the City.
APPROVED and ADOPTED by the City Council of the City of Po way,
State of California, this 8th day of January 1991.{
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, Jan ,Goldsmith, Mayor
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Marjorie K. Wahlsten, City Clerk
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1E71
Resolution No. P- 91-03
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STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do --
hereby certify, upcje, :the_penalty_oLperjuroy-, -tchat-the-foregoih'g
---REfsoluElon-;-No-:- P-91-03 ,was duly adopted by the City Council
at a meeting of said City Council held on the 8th day of _
January , 1991, and that it was so adopted by the following
vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN,: NONE
ABSENT: NONE
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Marjorie\K. wahlsten, City Clerk
City of poway ,