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Covenant Regarding Real Property 2003-1340288RECORDING REQUEST BY: CITY OF POWAY a WHEN RECORDED MAIL TO: n CITY CLERK o (J CITY OF POWAY P O BOX 789 6 POWAY CA 92074 -0789 No Transfer Tax Due DOC 0 2 003-134028 6770 NOV 0 5, = 00:3 9 :Oe AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 24,00 IIIIII VIII VIII VIII IIII IIIIII VIII VIII VIII VIII VIII VIII IIII IIII 1 1 I, > ?_ !, __ 2003- 1340288 _- (This space for Recorder's Use) MCUP03- 003/13314 Poway Road APN: 317 - 101 -15 COVENANT REGARDING REAL PROPERTY Barbara J. Birch, Trustee of the Decedent's Trust under the Birch Family Trust dated April 23, 1970, as maybe amended from time to time, PROPERTY OWNER ( "OWNER" hereinafter), is the owner of real property ( "PROPERTY" hereinafter), which is commonly known as Assessor's Parcel Number 317 - 101 -15 and more particularly described in Exhibit A. In consideration of the approval of Minor Conditional Use Permit (MCUP) 03 -003, a request to allow live entertainment on PROPERTY, by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by conditions of 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, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that MCUP 03 -003 expires or is rescinded by City Council at the request of OWNER, CITY shall expunge this Covenant from the record title of PROPERTY. In the event of litigation to enforce the provisions of this Covenant, the prevailing partyshall be entitled to full reimbursement of all costs, inducling reasonable attorneys' fees, from the other party. Dated: - i Dated: Dated: July 30, 2003 Bar ra J. r Trustee lrch Family st OWNER: By: (Notarize) CITY OF POWAY By: . /ex 9- Niall Fritz, Director of Deve ent Services M:\ planning\Lisa\Projects\MCUP03-03_patricks\covenant.doc 0) 0 6771 0 EXHIBIT'A' All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel 1 The South 489.33 feet of the West 229.75 feet of the East 459.50 feet of the Southeast Quarter of the Northwest Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California, excepting therefrom the South 244.665 feet thereof. Parcel 2: The South 244.665 feet of the South 489.33 feet of the West 229.75 feet of the East 459.50 feet of the Southeast Quarter of the Northwest Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Base and Meridian, in the City of Poway, County of San Diego, State of California. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • 6 7 ' 2 No. 5907 State of County of �(J On fCAK.�)- ),k� before me, l�UUCLt y__I` ! ei " ajo —� DATE _ NWE, TITLE OF OFFICER - E 6, "JANE OE, NOTARY PU 2 personally appeared C 1�"R,( � 2t � ? NAME(S) OF SIGNER'S) ❑ personally known to me - OR - roved to me on the basis of satisfactory evidence ? to be the person( whose name( §46)are subscribed to the within ins ent and ac- knowledged to me tha/ they executed the same in his/ /their au rized capacity(i� and that by his her their IFFICIALSEAL i s nature on the instrument the person( ANITA L. HUTCHINS 9 s ignature P ( NOTARY PUBLIC - CALIFORNIAN or the entity upon on behalf of which the COMM. N0. 142QM SAN DIEGO COUNTY erson S cted, executed the instrument. MY COMM, €XP. MAY 20, 2007 p t ITESSZnd d icial seal SI NA URE NOTARY LI C l" IS e, M� - OPTIONAL 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. I CAPACITY CLAIMED BY SIGNER INDIVIDUAL ❑ CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: W NUMBER OF PAGES 2 6�a-I _6 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) Noy SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave, P.O Box 7184 • Canoga Park, CA 91309 -7184 6773 RESOLUTION NO. P -03 -43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 03 -003 ASSESSOR'S PARCEL NUMBER 317 - 101 -15 WHEREAS, Minor Conditional Use Permit (MCUP) 03 -003 was submitted by Marianne Nealan, Applicant, to allow live entertainment by solo artists and small bands inside Patrick's Irish Pub. Patrick's Irish Pubis located on the north side of Poway Road, in the Poway Valley Center, within the -Town Center (TC) zone, and is addressed at 13314 Poway Road, and; WHEREAS, on July 29, 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, the City Council does hereby resolve 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 live entertainment in an existing restaurant/pub and involves negligible expansion use beyond that existing. Section 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for MCUP 03 -003 to allow live entertainment by solo artists and small bands on property located at 13314 Poway Road in the Town Center 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 of the Poway Municipal Code (Conditional Use Permit Regulations), the City General Plan, the Poway Road Specific Plan, the Town Center zone, 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 an existing restaurant/pub and will serve existing patrons. 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 it will not result in visual impacts to the surrounding community and it will comply with City of Poway Municipal Code, and all other applicable State and County codes. 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 an existing commercial building. • 6774 0 Resolution No. P -03-43 Page 2 D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed live entertainment in an existing commercial building. E. There will not be a 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 an existing commercial building, which is surrounded by other commercial buildings. 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 proposed live entertainment will be an additional service provided for existing customers of Patrick's Irish Pub. The live entertainment will not generate additional traffic because the existing restaurant/pub customers will be the primary beneficiaries of the entertainment, and the streets and site are developed to handle this traffic. G. The site is suitable for the type and intensity of use or development, which is proposed in that the proposed live entertainment use will enhance citizen interaction opportunities in the City. This will help the restaurant/pub move towards the City of Poway's goal of the Poway Road Specific Plan to promote land uses that provide citizen interaction. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed live entertainment is located on a developed property and does not involve the removal of natural habitat resources. There are no relevant negative impacts associated with the proposed use that cannot be mitigated in that the use will comply with Poway Municipal Code noise standards. J. That the potential impacts, and the proposed location, size, design, and operating characteristics of the proposed live entertainment will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the facility has been designed and sited such that it will not result in impacts. K. The proposed live entertainment will comply with all the applicable provisions of Chapter 17.48 of the Poway Municipal Code in that the facility has been designed and sited such that it will not result in visual impacts. 0 6775 40 Resolution No. P -03-43 Page 3 Section 3 : The City Council hereby approves MCUP 03 -003 to allow live entertainment by solo artists and small bands inside Patrick's Irish Pub at 13314 Poway Road, as shown on the plans dated May 12, 2003, 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 03 -003 shall remain in effect for the life of the subject restaurant/pub, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. MCUP 03 -003 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. Within 60 days of this approval, the applicant shall comply with the following: The site shall be developed in accordance with.the approved plan on file in the Development Services Department (dated May 12, 2003) and the conditions contained herein. A final inspection from the Planning Division and Safety Services Department will be required. The applicant shall comply with the following requirements to the satisfaction of the Director of Safety Services: a. Post maximum occupant load sign(s) indicating total capacity of both the bar and patio areas. Occupant Load Capacity: Main Room — including bar area — 51 Patio Area - 24 E 0 6776 Resolution No. P- 03 -43 Page 4 G. Upon establishment of the use to allow live entertainment by solo artists and small bands inside Patrick's Irish Pub, pursuant to MCUP 03 -003, the following shall apply: Any doors on the west side of Patrick's Irish Pub tenant space shall be kept closed for the duration of the live entertainment. 2. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. Comply with the City of Poway Noise Ordinance. Section 4 : The approval of MCUP 03 -003 shall expire on July 29, 2005, at 5:00 p.m. unless, prior to that time, the conditions above have been completed in reliance on the MCUP approval and the use has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 29th day of July 2003. Michael P. 1pafftgn* Mayor ATTEST: � I m '-•• 67"77 Resolution No. P- 03 -43 Page 5 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 -43 , was duly adopted by the City Council at a meeting of said City Council held on the 29th day of July 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE Lori Anne Peoples, City Clerk City of Poway