Covenant Regarding Real Property 1998-0702050
. ,.,,1.'.:". ,c, . DOCtt1998--070Q050
, ' RECORDING,REQUESTBY:, ) 13'6 OCT 29. 199'8 8: 27 AM
)
ci'rY,OF P9WAY ) " ." .OFFIDIAlRECORDS ..
) SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO:) GREGORV J.SMITH. COUNTY RECORDER'
) FEES: 25.00
CITYC;LERK) ~, '
:~~i!r2::4-0789 ! 111111I111111"" 111111 "" " 11-
r.2e .) 1999,0702050
~e NO Transfer Tax Due ) (This space, for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Edwin Swanson' is'lhe 9wne~,of:realproperty~escribed in Exhibit,A which is attachedhereto,aild
made ,a part hereof and 'Which is commonly k[lown ;as ,Assesso~!s Parcel ~umber. 317-130'68 ("P ROP E RTY"
hereinafter), Inconsideration of the'approval,ofCondiiionalJjsePermi(~8j04 by the City of P9\N13Y ("CITY"
hereinafter)"OWNER hereby'agreestO-abide by conditions ofthe attache'd resolution (Exhibii'B),
This Covenant shall run,\yiththe;land and be binding upon 'and inure to the benefit.oflhefuture
owners, encumbrancers', successors, ,heirs, personal representatives, transferees 'and assigns of the
respective parties,
In the event that Conditionai Use Permit 98-04 expires or is rescihded by City Council at the request
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of-the OWNER, CITY shall expunge IIi is Covenant from the recordtille ofthe.PROPERTY,
In theeventoflitigatiorHo:ehforce the provisions of this Covenant, the prevailing party.shall be entilled
to full reimbursement of all costs, including reasonable attorneys' fees, from the other party,
Dated: //? / /'~/ '7K ,co~..I.-v\;.. c.?~O>->A"".>Nl)
, ' EdwinSwahsoh, OWNER (Notarize)
,
CITY OF POWAY
Dated: It?-~ -9' tT By: ~ ZJ-j& - {/ ~~
N:IPLANNINGIREPORT\ClJP9804,COV
:', " C~LIFORNIA ALLoPURPO. ACKNOWLEDGMENT .
State of (1-1(~~ 137
County of .~-'Y'~ ~~ -
on(!)~ )9If'i before me,
Dato! I k Name and TItle o! Officer
personally appeared b~,
~4!.......J
Name(s) of Signer(s)
o personally known to me
~roved to me on the basis of satisfactory evidence
to be the person~whose name~re subscribed to the
within instrument an@nowledge 0 me th~he/they
executed t~e i his her/their authorized capacitY\leSh.
lj" ;;!fi-":- \ and that by is er/thf!lr signatureW on the instrument the
personM, orthe entity upon behalf of which the person~
acted, executed, the instrument.
- 'NOIlSY Publ"1C - C01llCmIlI _
~ San DiegO courilYl WITNESS my hand and official seal.
i .t.tt~;:.~:.~2:~
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Signature of Nolary P Ie
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent 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 Individual
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney-in-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator RIGHT THUMBPRINT o Guardian or Conservator
OF SIGNER .
o Other: Top of thumb here o Other: Top :)1 thumb here
Signer Is Representing: Signer Is Representing:
@ 1996 National Notary Association' 8236 Remmel Ave., P.O. Box 7184 . Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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138
LEGAL DESCRIPTION
The PowaYRetail Plaza, governed by Specific Plan 98~01 is'located on a1,36 acre parcel
aUhesouthwest cornerof Community Road and Hilleary Place and falls within Section 13,
Township 14S, Rallge 2W of the USGS Poway Quadrangle: The property is further
identified as Parcel 3,of 3'of Parcel Map 16871, Assessor's Parcel Number 317-130-68.
Exhibit A
.' . RESOLUTION No, P- 98~5.
A RESOLUTION OF THE CITY COUNCIL 139
0FTHE CITY OF POWA'(, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 98-04
ASSESSOR'S PARCEL NUMBER,317-130-68
WHEREAS, Conditional Use Permit 98-04 submitted by Dr. LaPorte, Applicant, for
the,purp,ose of establishioga 1,995 square foot veterinary medical clinic which will occupy
a portion of the Poway Retail Plaza Shopping Center located at 13445 Community Road;
and
WHEREAS, the City Council has read and considered the staff. report and has
considered other evidence presented at a public hearing held on OCtober 6, 1998,
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: EnvironmentaLFindinas:
The previously issued Negative Declaration (indicating no significant adverse
environmental impacts ariticipated) for ther.e,latea General Plan Amendment/Zone
Change 98-02A&B adequately addressed the potential environmental impacts
associated with this application,
Section 2: Findinas:
1, That .the location, size, design, and operatingchafacteristics,of the approved
use will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, structures, or natural
resources, inlhat there are adjacent officeuses'which are compatible with
and compliment this use,
2, That the harmoriy"iri scale, bulk,coverag'e, and density' is consistent with
adjacent uses; in, that the veterinary cliriic is located within a previously
designed and approved commercial building,
3, That there are public facilities, services, and utilitiesavailaole' to this
business,
4. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the property has beeh improved to the current
development standards fOund withih the Poway Municipal Code.
5. Thatthe;generation oftraffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that there is adequate on"site
parking provided,
EXHIBIT B
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Resolution No. P - 98-55
Page 2
6" That the 'site is suitable for the type and intensity bf use or deve,lopment
which is proposed, in that it veterinarY clinics'are conditionally permitted in
the General Commercial zone.
7, That there will not be.significantharmflil effects upon environmental quality
and natural resources,
8. That there are no other relevant negative impacts of the proposed. use that
cannot be mitigated.
9. The proposed use will not adversely affect the City of Poway General Plan
for future as well as present development.
Section 3: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 98-04 subject, to the
following conditions:
Within 30 days of approval, (1) the applicant shall submit in writing that all
conditions of approval have been read and un'derstood; and (2) the property owner
shall execute a Covenant on Real Property,
COMPLIANCE WITH niE.FOLLOWING CONDITIONS IS ~EQUIRED. COMPLIANCE
SHALL BE APPROVED By'THE DEPARTMENT0F PLANNING,SERVICES.
SITE DEVELOPMENT
1, This approval is subject to completion of rezone of the 'property to CG and adoption
of Specific Plan SP98-01.
2. The applicantshall comply with the latest adopted Uniform Building Code and all
other applicable codes and ordinances at the tilJle of building permit issuance,
3. Conditiol1al use permits shall be subject to annlial 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 incompliance with
the conditions of approval,or the Planning Services Department has received
complaints, the required annual review shall be set for a 'public hearing b,eforethe
City Council, to consider modification or revocation of the use permit.
4, The use conditionally granted by these permits shall not be conducted in such a
manner as to interfere with the reasonabie use and enjoyment of surrounding
commercial and residential land uses.
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Resolution No. P -98-55
Page 3
5, The lijalkways immediately surrounding the entrahce'to the veterinary clinic shall be
monitored by the veterinary clinic staff, on a -regular basis, to ensure that said
walkways,are free of urine and, other animal debris that could be, attributable to
animals visitingthe,dinic, Said walkways should be:throughly washed should animal,
waste be found.
6, The barking'of dogs and the noises from otheranimals,arf? an anticipated potential
nuisance generated by this use. Should the IEwel of noise become disruptive to
surrounding businesse.s, the veterinary clinic sh.all investigate methods, subject to
the approval of the Director of Planning Services, to mitigate the noise impacts,
Should noise/odoror othernuisance items go unresolved, the Planning'Department
shall schedule,a public hearing before the City Council and request to consider the
modification or revocation of the use permit.
7, The use and location of X-ray equipment and related hazardous materials shall
strictly comply with State, health standarqs, Such' equipment shall be properly
located and shielded so as protectthe safety 'of adjoining tenants and, customers.
8, Any signs proposed for the subject business must comply with City of Poway sign
standards,
9, All landscaped areas, shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris,
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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS'IS.REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1, Final inspection and approval of the tenant improvements shall be required prior to
occupancy.
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APPROVED and AD0PTED by the City Council of the City of Po way, State of California,
this 6th day of October, 1998,
-,
Don Higg~, orlt\\! ,,~ ~\!OO"'" of
I , OO\}\\l Ilf,,1
ATTEST: Ior<lQQlflij ~ Q.l{~~~~~IIlOPY
of RmQl\llIQfi:;N,o - fJ'--1"'5 ,
'01 oaoptoo'e.y the }:::ity Cdu~cil of
Lo i Anne Peoples, Ci y Clerk PoWQy.Co~th-;; /'.~
dayol fZ1 , - , 19~
LORI ANNE 'PEOPl ,CITY'ClEI?I<
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1 142
Resolution No, P - 98-55
Page 4
STATE OF CALIFORNIA)
,)S5.
COUNTY OF SAN DIEGO)
I, Lori,Anne Peoples, City Clerk of the City of Po way , dp hereby'certify, under'ihe
penalty of perjury, ,thafthe foregoing Resolution, No, ,P-98-55 ,Nias duly
adopted by the City;Councll ala meeting of said City Council held on the 6th
day of October , 1998, and that it Was so adopted by the 'following vote:
AYES: CAFAGNA, GOlDBY, REXFORD, HIGGINSON
NOES: EMERY
ABSTAIN: NO,NE
ABSENT: NONE ~; .~ ~O.n
Lo ' Anne Peoples;,C ' Clerk
City of Poway
.
N:\PLANNING\REPOR1\CUP9a04.RES