Covenant Regarding Real Property 2010-0210867D 0 C ## 201 0 -1021 0$07
RECORDING REQUEST BY: )� APR 28, 2010 10:38 AM
CITY OF POWAY ) OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) DAVID L. BUTLER, COUNTY RECORDER
FEES: 30.00
CITY CLERK > PAGES: 8
CITY OF POWAY ) IIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
P O BOX 789 )
POWAY CA 92074 -0789 )
(This space for Recorder's Use)
AP N: 317- 271 -20
COVENANT REGARDING REAL PROPERTY
Don Cunnyngham, OWNER ( "OWNER" hereinafter), is the owner of real property
described in Exhibit A, which is attached hereto and made a part hereof, and which is
commonly known as 12170 Tech Center Drive ( "PROPERTY hereinafter).
In consideration of the approval of MCUP 09 -04 by the City of Poway ( "CITY"
hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in the
attached Resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit of
the future owners, encumbrances, successors, heirs, personal representatives, transferees
- and assigns of the respective parties.
In the event that MCUP 09 -04 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by the MCUP 09 -04, upon the request of the OWNER the City
shall expunge this Covenant from the record title of the PROPERTY and MCUP 09 -04 shall
be of no further force or effect.
If either party incurs costs as a result of filing a civil action 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.
Dated: 3 - I%4)O1 l5
Dated:
(Notarize)
CITY OF OWAY:
1
Dated: By:
Rob4rt J. Manis, irecto of ev opment Services
M: \p1anning \10reporl\mcup \MCUP 09 -04 SD Martial Arts Center\covenant.docx
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CALIFORNIA ALL - PURPOSE
State of California
County of
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Date
personally appeared
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that
he /she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her /their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) 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 hand nand official seal.
Signature +7 „1 `'gyp a"' ,.V
Place Notary Seal Above 1 / Sig Notary Public
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:
Capacity(ies) Claimed by Signer(s) -
Number of Pages:
Signer's Name:
J.CUNNYNGHA�
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MENT
CON rlV r;H nw
jtemr
--S"Nt IlF JZAV CON Wy NCL-AA ^
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that
he /she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her /their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) 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 hand nand official seal.
Signature +7 „1 `'gyp a"' ,.V
Place Notary Seal Above 1 / Sig Notary Public
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:
Capacity(ies) Claimed by Signer(s) -
Number of Pages:
Signer's Name:
Signer's Name:
• Individual
❑ Individual
• Corporate Officer— Title(s):
❑ Corporate Off icer— Title(s):
• Partner — ❑ Limited ❑ General _
_
El Partner — O Limited El General
• Attorney in Fact
❑ Attorney in Fact
• Trustee
Top of thumb here
❑ Trustee
Top of thumb here
• Guardian or Conservator
❑ Guardian or Conservator
• Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
02007 Natrorial Notary AS atrw, 9350 De Soto Aye., P.O.aax 2402 -Chatsworth, CA 91313- 2402•ww.v.NatrorralNofaryorg Item #5907 RMMer Call Toll- Fmel- B04S76Z82]
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EXHIBIT A
PARCEL A:
Lot 20 of City of Poway Tract 86- 02R(1) Poway Corporate Center Unit 1, in the City of
Poway, County of San Diego, State of California, according to Map thereof No. 12853,
filed in the Office of the County Recorder of San Diego County, August 19, 1991.
1711
An easement for reciprocal access over the North 15 feet of Lot 21, except the West 20.00
feet thereof, of City of Poway Tract 86- 02R(1) Poway Corporate Center Unit 1, in the City
of Poway, County of San Diego, State of California, according to Map thereof No. 12853,
filed in the Office of the County Recorder of San Diego County, August 19, 1991, as set
forth in that certain Grant of Reciprocal Access Easement recorded March 16, 1992 as File
No. 1992 - 0143012 of Official Records and as further granted in deed recorded September
30, 1997 as File No. 1997- 0486033 of Official Records.
APN: 317- 271 -20
ALTA Loan Policy
RESOLUTION NO. P -10 -05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA, APPROVING
MINOR CONDITIONAL USE PERMIT 09 -04
ASSESSOR PARCEL NUMBER 317 - 271 -20
WHEREAS, Minor Conditional Use Permit 09 -04 was submitted by Don
Cunnyngham, Applicant: A proposal to establish a 3,300- square -foot martial arts
training center within an existing multi- tenant building located at 12170 Tech Center
Drive, on property designated for Light Industrial land use within the South Poway
Planned Community zone, and
WHEREAS on February 2, 2010, a duly advertised public hearing was held 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: This project is Categorically Exempt as a Class 1 Categorical Exemption
from the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the
CEQA Guidelines, in that the project involves a change in use in existing facility.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC) for the approval of Minor Conditional Use Permit 09 -04,
a proposal to establish a 3,300- square -foot martial arts center within an existing
multi- tenant building located at 12170 Tech Center Drive, on property designated for
Light Industrial land use within the South Poway Planned Community zone, are made
as follows:
A. The location, size, design, and operating characteristics of the proposed martial
arts center are in accord with the title and purpose of Chapter 17.48 PMC
(Conditional Use Permit Regulations), the South Poway Specific Plan (SPSP);
the City General Plan, and the development policies and standards of the City
in thik indoor "recreation -uses are allowe&with acfvlinor Conditional Use Permit.
The facility has been designed and sited such that it will be compatible with the
surrounding development.
B. The location, size, design, and operating characteristics of the martial arts center
will be compatible with, and will not adversely affect or be materially detrimental
to, adjacent uses, buildings, structures, or natural resources, in that the facility is
zoned for the use and has been designed to comply with City development
standards.
C. The proposed martial arts center is in harmony with the scale, bulk, coverage,
and density of, and is consistent with, adjacent uses in that adequate parking will
be provided onsite and a student drop -off program will be implemented to
minimize parking demand.
EXHIBIT B
Resolution No. P -10 -05
Page 2
D. There are adequate public facilities, services, and utilities available. at the subject
site to serve the proposed martial arts center.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that adequate parking will be provided onsite and the business
will operate off -peak from the normal weekday daytime business hours of the,
surrounding light industrial uses.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the subject property provides
adequate vehicle circulation onsite.
G. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed site is completely developed and contains
no natural habitat resources.
Section 3: The City Council hereby approves Minor Conditional Use Permit 09 -04,
a proposal to establish a 3,300- square -foot martial arts center within an existing
multi- tenant building located at 12170 Tech Center Drive, on property designated for
Light Industrial land use within the South Poway Planned Community zone subject
to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents;
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the.
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. Approval of this Minor Conditional Use Permit 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.
C. 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
Resolution No. P -10 -05
Page 3
(2) the property owners shall execute a Covenant Regarding Real Property
which states that the applicant must abide by the conditions contained in this
Resolution.
D. 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.
E. The conditions of this MCUP shall remain in effect for the life of the project, and
shall run with the land and be binding upon future owners, successors, heirs,
and transferees of the current property owner.
F. Minor Conditional Use Permit 09 -04 may be subject to annual review, as
determined by the Director of Development Services, for compliance with the
conditions of approval and to address unresolved operational concerns that
may have been raised during the prior year.
G. Building Permits are required for all new tenant improvements associated
with the martial arts center. Egress and disabled accessibility is required. All
requirements deemed necessary by the Building and Fire Departments as part
of the building plan review shall be implemented to the satisfaction of the City.
H. Activities, hours of operation and class size are limited to those contained in the
project description on file with the City. Changes to the activities, hours of
operation or class size will require a modification to the MCUP and payment of
applicable fees. Changes may be approved administratively at the discretion of
the Director of Development Services.
To minimize potential traffic /parking impacts, not more than two classes shall be
scheduled to occur during the same time period and the maximum class size
shall not exceed ten students.
J. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. The building shall display its numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be eight
inches on the front fagade of the building.
Z A "Knox" Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
3. A rated separation wall between the existing use and the proposed martial
arts center is required as defined by the California Building Code.
Resolution No. P- 10 -05,
Page 4
4. The building has an installed and approved fire sprinkler system meeting
Poway Municipal Code requirements. A tenant improvement sprinkler
plan shall be submitted to the Fire Department, and approved, prior
to any sprinkler modifications in excess of six sprinkler heads. The
improvements shall comply with the Poway Municipal Code requirements.
There is a separate fee for fire sprinkler plan check and inspection
services.
K. If the martial arts school use for which MCUP 09 -04 was issued terminates or
ceases operation for a continuous period of time in excess of 180 calendar days,
except for: (1) Destruction or damage by acts of God; (2) destruction or damage
by malicious acts; or (3) remodeling or rehabilitation requiring prolonged closure,
and such remodeling or rehabilitation shall be continuously and diligently
pursued; that use shall expire, and shall thereafter be of no further force or effect.
Section 4: The approval of Minor Conditional Use Permit 09 -04 shall expire on
February 2, 2012, at 5:00 p.m. unless, prior to that time, use in reliance on. the MCUP
approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 2nd day of February 2010.
T
Don Higginson, Mayor
ATTEST:
STATE OF CALIFORNIA
SS,
COUNTY OF SAN DIEGO
Resolution No. P -10 -05
Page 5
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 10 -05, was duly adopted by
the City Council at a meeting of said City Council held on the 2nd day of February 2010,
and that it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, REXFORD, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
a
City
Troyan, MMC, City Clerk
Poway