Covenant Regarding Real Property 2009-0527108(nD RECORDING REQUEST BY:
W CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
DOC # 2009 - 0527108
III 1 I III IIE 111111111111111111111111 El IIIII IIIII III II I 111111
S E P 22, 2009 11:16 AM
OFFICIAL RECORDS
S.yN DIEGO COUNTY RECOFDER'7: OFFICE
DA00 L BUTLER, COUNTY RECDRDER
FEES. 2500
PAGES: 6
P O BOX 789 1 (IIIII IIIII IIIII IIIIIIIIII IIIII IIIII IIIIIIIIII IIIII IIIIIIIIII IIIII IIIII IIII IIII
POWAY CA 92074 -0789 )
(This space for Recorder's Use)
APN: 317 - 490 -08
COVENANT REGARDING REAL PROPERTY
Stan Kaminski, PROPERTY OWNER ( "OWNER" hereinafter), is the owner of
real property which is commonly known as 12735 Poway Road, also referred to as the
property with APN 317 - 490 -08 ( "PROPERTY" hereinafter).
In consideration � of the approval of Minor Conditional Use Permit (MCUP) 09 -02
by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by
conditions of the attached Resolution (Exhibit A).
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that MCUP 09 -02 expires or is rescinded by City Council at the
request of the OWNERS, CITY shall expunge this Covenant from the record title of the
PROPERTY.
In the event of litigation to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
OWNER:
Dated: By:�AG
�--N (Notarize)
CITY OF POWAY
Dated: -7A By:
Robert J. anis, Dire or of I(evelb&ent Services
MAplanning \09report \mcup \09 -02 Kaminski \covenant
(A- o-�L
State oP.California
County of San Diego
On ,Zi l before me; Phyllis Shinn, Notary Public
Oate Here Insert Name and Title of the Officer
personally appeared
_mow
t,.:
Place Notary Seal Above
y
who proved to me on the basis of satisfactory evidence to
be the person(, whose name( is /subscribed to the
within instrument and acknowledged to me that
he /s)(e/tI%y. executed the same in his /1Xr /t%iLzuthorized
capacity(,Xb and that by his /I)6,r /tf* 'signature(kon'the
instrument the persl or the entity upon behalf of
which the persci acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my ha and official sez ).
Signature
Signetur of Notary Pubbc
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:
Signer(s) Other Than Named Above:
Capacty(ies) Claimed by ,Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): —
L1 Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT
-OE SIGNER.
0
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
I
002007 National Notary Association- 9350 be Soto Ave. PO Box 2402,Chatmorth, CA 91313- 2402 -w .NahcnalNotaryor9 Item #5907 Reorder: CallToll Free 1- 800.876 -6827
RESOLUTION NO. P -09 -21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 09 -02
ASSESSOR'S PARCEL NUMBER 317- 490 -08
WHEREAS, Minor 'Conditional Use Permit (MCUP) 09 -02 was submitted by Stan
Kaminski, Applicant, to,allow live entertainment in conjunction with a restaurant and bar,
which is under construction at 12735 Poway Road, in the Community Business zone, and;
WHEREAS, on July 7, 2009, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as a Class 1, Categorical Exemption, pursuant to Section 15301 of the
CEQA Guidelines, in that the project involves a negligible expansion of use.
Section 2: The findings, in accordance with Section 17.48:070 of the Poway Municipal
Code (PMC), for MCUP 09 -02 to allow live entertainment at 12735 Poway Road, in the
Community Business zone, are,made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
live entertainment are in accord with the title and purpose. of Chapter 17.48
(Conditional Use Permit Regulations), the City General Plan, the Poway Road
Specific Plan, and the development policies and :standards of the City in that live
entertainment is allowed with a Minor Conditional Use Permit. The project will not
significantly impact traffic circulation or parking because the live entertainment will
take place inside a building.
B. The location, size, design, and operating characteristics of the proposed live
entertainment will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents; buildings, structures, or natural resources in
that the facility has been designed and sited such that doors used by the public face
commercial uses are directed away from residential uses to the south /south
east orthe site.
C. The proposed live entertainment is in harmony with the scale, bulk, coverage, and
density of, and is consistent with, adjacent uses in that the proposed use will be
inside of a building.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed live entertainment.
EXHIBIT A
Resolution No. P -09 -21
Page 2
E. There will not be al harmful effect upon the desirable surrounding property
characteristics in that the proposed live entertainment has been designed and sited
such that it will not result in an impact to the surrounding community. The live
entertainment will take place inside of a building. Additionally the facility has been
designed and sited such that doors used by the public face commercial uses and
are directed away from residential uses to the south /south east of the site.
Section 3: The City Council, hereby approves MCUP 09 -02 to allow live entertainment in
conjunction with a restaurant and bar at 12735 Poway Road, subject to the following
conditions:
A. Approval of this MCUP request shall apply only to the subject project and shall not
waive compliance with all sections of the Zoning Ordinance and all other applicable
City ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and, (2) the property
owners shall execute a Covenant Regarding Real Property.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
D. The conditions of MCUP 09 -02 shall remain in effect for the life of the subject
restaurant, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. MCUP 09 -02 may be subject to annual review, as determined by the Director of
Development Services, for compliance with, the conditions of approval and to
address concerns that may have been raised during the prior year.
F. Live entertainment shall be limited to the days and times specified in the project
application which are Thursdays through Sundays, noon to 1 a.m. Changes to the
allowable hours for live entertainment must be approved through an amendment to
MCUP 09 -02.
G. No outdoor live entertainment is permitted, unless in conjunction with an approved
Temporary Use Permit.
H. Prior to the commencement of any entertainment or dancing, the applicant shall
receive approval of a public Dance License and an Entertainment License pursuant
to ,PMC Chapters 5.12 and 5.16 through the City's Administrative Services
Department.
Resolution No. P -09 -21
Page 3
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 7th day of July 2009.
Don Higginson, Mayor
T:
Troyan, MMC, City Clerk
Resolution No. P -09 -21
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda Troyan, City Clerk.of`the City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. P- 09 -21, was duly adopted by the City Council
at a meeting of said City Council held on the 7th day of July 2009, and that it was so
adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, REXFORD, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
t=f d� Troyan
City of Poway
City Clerk