Covenant Regarding Real Property 2004-0212708I Dp
R )
RECORDING 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
APN: 317- 223 -19
9474 DOC 0 2004- 0212708
MAR 16, 2004 8 :42
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 26.00
III!lli11I11!V;IIIIIIt'i I2004:92,1I IIIIIIIIIIIIIIIIIIIIIIIIIIIIII
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
One Governor Park Office Building L.P., A California Limited Partnership, PROPERTY
OWNER ( "OWNER" hereinafter) is the owner of real property which is commonly known as
Assessor's Parcel Number 317 - 223 -19 ( "PROPERTY" hereinafter) and is more particularly
described as follows:
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.
In consideration of the approval of Conditional Use Permit 03 -13 to establish an indoor
play and party center within an existing tenant space, 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In the event that Conditional Use Permit 03 -13 expires or is rescinded by City Council at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.
(� /, OWNEello Dated: 7 ( 0 G By:
One Governor Park O fice Building L.P., A California
Limited Partnership
CITY OF POWAY
Dated:_ By: /L/ •
Niall Fritz, Director of velop Services
M Ap Ian i ng \04report \cu p \C U P03- 13_Kidsvi II a \covena n I. doc
(Notarize)
Erin]
C t1P 03-13
OAID -�10 0+068-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 94
State of C0cL1FOa4J1(%
County of sA t� o 1 eca
On MaR-cu %I-- 't before me, 11AI'
DATE NAME, TITLE OF OFF o -, aE, t�
NOTARY PUBLIC"
personally appeared A L_ 0-0 ef-a C-t if 4.L. a
NAME(S) OF SIGNER(S)
❑ personally known to me - OR - 0 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 ac-
knowledged to me that he /she /they executed
KENNETH PAE the same in his /her /their authorized
Commltsion #1289196 = capacity(ies), and that by his /her /their
i Notary Public- ColitY signature(s) natures on the instrument the person(s),
_ san Diego county 9 O
My Comm. Expires Jan 1, or the entity upon behalf of which the
- person(s) acted, executed the instrument.
WITNESS my hand and/glfficial seal.
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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184
9476
Exhibit A
RESOLUTION NO. P -04 -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03 -13
ASSESSOR'S PARCEL NUMBER 317 - 223 -19
WHEREAS, Conditional Use Permit (CUP) 03 -13 was submitted by Avent Design,
Applicant, to establish an indoor play and party center within a 6,973- square -foot tenant
space in an existing industrial building located at 12760 Danielson Court; Suite F, within the
Napoli Business Park in the South Poway Planned Community zone, and;
WHEREAS, on February 10, 2004, 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 -13 to establish an indoor play and party center within a 6,973- square -foot
tenant space in an existing industrial building located at 12760 Danielson Court, Suite F,
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 indoor play
and 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 located within an existing industrial building where there are
adequate parking facilities to serve the existing industrial uses, and the play and
party center.
B. The location, size, design, and operating characteristics of the indoor play and 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.
• 1 9977 0
Resolution No. P -04 -11
Page 2
C. The indoor play and 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.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the indoor.play and party center.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the indoor play and party center will be located within an
existing industrial building and there are adequate parking facilities to serve the
existing industrial uses, and the indoor play and 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 indoor play and party center will primarily operate during daytime hours,
with additional anticipated use on the off -peak weekend hours.
G. The site is suitable for the type and intensity of use or development that is proposed
in that the indoor play and party center will operate partially during off- peak4raffic
hours for the surrounding general industrial area. The number of children and adults
is low, in relation to the size of the space, due to the age of the children participating
in the facilities uses, so use of the facility during weekday daylight hours will not
cause an adverse impact on the surrounding industrial uses.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the indoor play and party center will be located within an existing
industrial building, and will not impact natural habitat resources.
There are no relevant negative impacts associated with the indoor play and party
center that cannot be mitigated.
J. That the potential impacts, and the proposed location, size, design and operating
characteristics of the indoor play and 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 -13 to establish an indoor play and
party center within a 6,973- square -foot tenant space in an existing industrial building
located at 12760 Danielson Court, Suite F, within the Napoli Business Park in the South
Poway Planned Community zone, as shown on the plans dated October 20, 2003, subject
to the following conditions:
9478
Resolution No. P -04 -11
Page 3
A. Approval of this CUP 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 CUP 03 -13 shall remain in effect for the life of the subject indoor
play and 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 -13 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 20, 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 required.
G. The applicant shall comply with the following fire safety requirements to the
satisfaction of the Fire Marshal:
1. Panic hardware must be installed on the door on the south side of the tenant
space, near the electric panel room. Panic hardware shall also be installed
on doors in Party Rooms #1• and #3, and the north door from the
reception /waiting area.
2. Exit lighting shall be placed above the door on the south side of the tenant
space, near the electric panel room. Exit lighting shall also be installed
9 9479
Resolution No. P -04 -11
Page 4
above doors in Party Rooms #1 and #3, and the north door from
reception /waiting area.
3. Public Assembly occupancies are regulated by the California State Uniform
Building and Uniform Fire Codes, for minimum fire and life safety protection.
An Assembly Building is a building or portion of a building used for the
gathering together of 50 persons or more for various purposes as defined in
the Building Codes, including gymnasiums. Items installed in the tenant
space must meet all flame proofing requirements for drapes, combustible
decorations, and Class III flame spread requirements (i.e.: wall paint, finish,
1/28 -inch wallpaper), etc. perthe minimum requirementsforPublicAssembly
occupancies.
4. 2A:10BC fire extinguishers are required every 3,000 square feet and 75 feet
of travel distance.
5. Primary entrance /exit door may have a key operated flag lock with sign
above door stating "This door to remain open during business hours ".
H. Upon establishment of the indoor play and party center, pursuant to CUP 03 -13, the
following shall apply:
The indoor play and party center may consist of up to one (1) activity room
and up to three (3) 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 -13.
2. A minimum of 24 on -site parking spaces shall be allocated for the exclusive
use of the Kidsville indoor play and party center. A copy of the parking
allocation in the lease agreement for Kidsville 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
indoor play and party center requires parking in excess of the 24 spaces, the
Conditional Use Permit shall be set for a public hearing before the City
Council, to consider modification to address the parking issues.
3. 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.
9480
Resolution No. P -04- 11
Page 5
4. 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 -13 shall expire on February 10, 2006, 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 10th day of February 2004.
Micha P. Cafag a, or
ATTEST:
�
herrie D. - Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P -04- 11 , was duly
adopted by the City Council at a.meeting of said City Council held on the 10th day of
February 2004, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
herrie D. Worrell, Deputy City Clerk
City of Poway