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Covenant Regarding Real Property 2004-0059587RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 No Transfer Tax Due DOC61 2-004-0059587 JAN 27, 2004 8:30 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 26.00 (This space for Recorder's Use) APN: 317 - 223 -19 COVENANT REGARDING REAL PROPERTY One Governor Park Office Building, LP, a California Limited Partnership, PROPERTY OWNER ( "OWNER" hereinafter) is the owner of real property described below and which is commonly known as Assessor's Parcel Number 317 - 223 -19 ( "PROPERTY" hereinafter). In consideration of the approval of CUP 03 -11, by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit A). Lot 22 of the City of Poway Tract No. 85 -04, Unit 1, in the City of Poway, County of San Diego, State of California, according to map thereof No. 11742, filed in the Office of the County Recorder of San Diego County, March 9, 1987. 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 In the event that CUP 03 -11 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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. ne overnor Park Office BuiSding, L Dated: G By:(:4 j Z Aldo, Cerci ti 10 (Notarize) CITY OF POWAY Dated: N- / B (03 By: Niall Fritz, Director of Deve ment Services 1 0 3-2, 2 CALIFORNIA ALL-PURPOS41 ACKNOWLEDGMENT • State of r- A County of C), e-- On I za e before me, DATE NAME, TITLE OF OFFICER - E G, 'JANE DOE, NOTARY P C" personally appeared A t- 00 C E 2.Cz b L L o NAME(S) OF SIGNER(S) - OR - proved to me on the basis of satisfactory 4evid ce to be the persory(< whose name re subscribed to the within instrumenc- knowledged to me tQshe /they executed the same in I her /their thorized capacity, and that by his/ er /their signatureJg) on the instrument e perscrtW, or the entity upon behalf of which the personj�gj- acted, executed the instrument. 9 OFFICIAL SEAL °� WITNESS my hand and official seal. RAMONA KHYROLOMOOR m : - NOTARY PUBLICGCALIFORNIA COMM. NO. 1377760 SAN DIEGO COUNTY _ MY COMM. EXP. OCT. 31, 2006 �=�- �•- �°°��� SIGNATURE OF NO <RY OPTIONAL No 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION'OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER e?' v✓r. -e_- TITLE OR TYPE OF DOCUME7 � TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ADD© CC 2 ZE LLa NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave, P O. Box 7184 • Canoga Park, CA 91309 -7184 0 0 RESOLUTION NO. P -03 -80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 03 -11 ASSESSOR'S PARCEL NUMBER 317 - 223 -19 WHEREAS, Conditional Use Permit (CUP) 03 -11 was submitted by One Governor Park LP, Applicant, to establish an indoor party center within an 11,226- square -foot tenant space in an existing industrial building located at 12760 Danielson Court within the Napoli Business Park in the South Poway Planned Community zone, and; WHEREAS, on December 16, 2003, 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 proposed 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 use will occupy an existing industrial building and will not increase the intensity of use in the surrounding industrial area. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for CUP 03 -11 to establish an indoor party center within an 11,226- square -foot tenant space in an existing industrial building located at 12760 Danielson Court within the Napoli Business Park in the South Poway Planned Community zone, are made as follows: A. The proposed location, size, design, and operating characteristics of the party center are in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the City General Plan and the South Poway Specific Plan, and the development policies and standards of the City in that the site is designated for Light Industrial use and an indoor party center /recreational use is allowed with the approval of a Conditional Use Permit; and the center will be locating within an existing industrial building where there are adequate parking facilities to serve the existing industrial uses and the partv center. B. The location, size, design, and operating characteristics of the party center will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures in that the use will be locating within an existing industrial building and will not increase the intensity of use in the surrounding industrial area. C. The party center is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the use will be located within an existing industrial building. 0 0 Resolution No. P -03 -80 Page 2 D. There are adequate public facilities, services, and utilities available at the subject site to serve the party center. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the party center will be located within an existing industrial building and there are adequate parking facilities to serve the existing industrial uses and the party center. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and /or the Circulation Element of the General Plan in that the level of.service of the streets in the area is at an acceptable level and the party center will primarily operate during off -peak traffic hours for the aeneral industrial area. G. The site is suitable for the type and intensity of use or development which is proposed in that the party center will primarily operate during off -peak traffic hours for the surrounding general industrial area. H. There will not be significant harmful effects upon environmental quality and natural resources in that the party center will be located within an existing industrial building and will not impact natural habitat resources. I. There are no relevant negative impacts associated with the party center that cannot be mitigated. J. That the potential impacts, and the proposed'location, size, design and operating characteristics of the party center will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan or the South Poway Specific Plan, in that the use will operate within an existing industrial building and will not increase the intensity of use in the surrounding industrial area. Section 3: The City Council hereby approves CUP 03 -11 to establish an indoor party center within an 11,226- square -foot tenant space within an existing industrial building located at 12760 Danielson Court within the Napoli Business Park in the South Poway Planned Community zone, as shown on the plans dated October 29, 2003, subject to the following conditions: A. Approval of this CUP 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. Resolution No. P -03 -80 Page 3 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 CUP 03 -11 shall remain in effect for the life of the subject party center and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. CUP 03 -11 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. The applicant shall obtain a Building Permit prior to installation of the facility. Prior to issuance-of a Building Permit, the applicant shall comply with the following: 1. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of electrical /building permit issuance. 2. The site shall be developed in accordance with the approved plan on file in the Development Services Department (dated October 29, 2003) and the conditions contained herein. Tenant improvement plans incorporating all conditions of approval shall be submitted to the Building Division for review and approval. During this review process, the tenant. improvement plans shall be routed to the Fire Marshal for review and approval. A final inspection from the appropriate City Departments will be reauired. 3 The applicant shall comply with the following fire safety requirements to the satisfaction of the Fire Marshal: a. All exterior exit doors, with the exception of the electric room, must swino outward in direction of travel. Two exterior exit doors from the reception area that swing out in direction of travel. b. Both reception exit doors shall have panic hardware; with the exception that the center reception exit door may have a key operated flag lock with a sign above the door stating "This door to remain open durina business hours ". • C, Resolution No. P -03 -80 Page 4 C. North area exterior doors leading from public assembly areas shall have panic hardware. All exterior doors with panic hardware must have illuminated exit signs above the door. e. The center demising wall between activity area #1 and activity area #2 shall have double leaf doors with each leaf swinging in opposite directions. The existing connection party room and reception area shall be relocated to the front or south exterior wall. Exit doors must have panic hardware and swing outward in direction of travel. 4. The party center may consist of up to two (2) activity rooms and two (2) party rooms, along with ancillary administrative and restroom areas. An increase in the number of activity rooms or party rooms will require the approval of a Modification to CUP 03 -11. 5. A minimum of 39 on -site parking spaces shall be allocated for the exclusive use of the Pump It Up party center. In addition, a provision that after 6:00 p.m. on weekdays, and all day on weekends Pump It Up may utilize 13 additional on -site parking spaces as needed. A copy of the parking allocation in the lease agreement for Pump It Up shall be provided to the Planning Division for documentation. In the event that the Development Services Department receives complaints and it becomes evident that the party center requires parking in excess of the 39 spaces on weekdays and 52 spaces on weekday evenings.and weekends, the Conditional Use Permit shall be set for a public hearing before the City Council, to consider modification to address the parking issues. G. Upon establishment of the party center, pursuant to CUP 03 -11, the following shall apply: The hours of operation for the party center shall be as follows: Sunday through Saturday 9;30 a.m. to 10:00 p.m. The party center use is limited to operation on a reservation only basis. Activity /party rooms shall be scheduled to allow 30- minute intervals of downtime. or non -use. between reservations to provide adequate on -site parking supply and to minimize traffic congestion between arriving and departing patrons. Resolution No. P- 03 -80 Page 5 2. Any signs proposed for the use shall be designed and approved in conformance with the Sign Ordinance and the Comprehensive Sign Program (CSP 00 -03) for the Napoli Business Park Section 4: The approval of CUP 03 -11 shall expire on December 16, 2005, at 5:00 p.m.. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 16th day of December ATTEST: Lor Anne Peoples, City Olerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P -03 -80 , was duly adopted by the City Council at a meeting of said City Council held on the 16th day of December 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT HIGGINSON J 7-vmi 01"U "Qmpjo� Lo-n Anne Peoples, City Clerk City of Poway