Covenant Regarding Real Property 2011-0376052�• .
[HOC ## 2011-0376052
RECORDING REQUEST BY: )
IIIIIII�I
JUL 25, 2011 3:39 PM
CITY OF POWAY )
OFFICIAL RECORDS
WHEN RECORDED MAIL TO: )
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 31.00
CITY CLERK
PAGES: 6
CITY OF POWAY )
P 0 BOX 78
POWAY CA
1111111 IN 1111110111 VIII III VIII 111111111111111 INII 111111111 VIII 11111111
-0789
) 6 1 06
(This space for Recorder's Use)
APN: 317- 281 -09
COVENANT REGARDING REAL PROPERTY
Pomerado Leasing No. 9 LP, OWNER ( "OWNER" hereinafter), is the owner of real property
commonly known as 13125 -13135 Danielson Street ( "PROPERTY hereinafter), and more fully
described as:
Lot 92 of City of Poway Tract 85 -04, Unit 2, in the City of Poway, County of San Diego,
State of California, according to Map thereof No. 12572, filed in the Office of the County
Recorder of San Diego County, February 28, 1990, as instrument No. 90- 107515 of
Official Records.
In consideration of the approval of Conditional Use Permit (CUP) 11 -05 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In the event that CUP 11 -05 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by the CUP 11 -05, upon the request of the OWNER the City shall expunge this
Covenant from the record title of the PROPERTY and CUP 11 -05 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:
Dated: �hh By:
OWNER: or
Daniel
Its:
C
9 LP
itaker (Notarize)
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6107
CALIFORNIA ALL-PURPOSE ACKN
State of California
County of S� _!>� -
On .% 16 20 t ► before me, we-6+" tf) A No-f" R
Date Here Insert Name and Title of the Officer
personally appeared ��`"" Nl r w ���'✓
Name(s) of Signer(s)
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who proved to me on the basis of satisfactory evidence to
be the personK whose name(4 istam subscribed to the
within instrument and acknowledged to me that
hefslae/ hW executed the same in his/berAgoir authorized
capacity(ioo, and that by hisAfierheir. signature(s) on the
instrument the person(o, or the entity upon behalf of
which the personW 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 and official seal.
Place Notary Seal Above
Signature °�''"''' t4:��
Signature of 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: 0,0VZvtA. � diry �n'P`et<+ -�
Document Date: 25) ' '°r`" f
Number of Pages: / f `f Per
Signer(s) Other Than Named Above: 'Rob T No 's CXe, -7/ -7/11 No, /►_ r
w t o -•C
Capacity(ies) Claimed by Signer(s)
Signer's Name: /'t W h
❑ Individual
❑ Corporate Officer —Title(s): —
❑ Partner — ❑ Limited Y General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
�omw ' tfb. at C.P.
RIGHT THUMBPRINT
OF SIGNER
•. of thumb here
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT HUP:'18PRINT
OF SIGNER
0108
RESOLUTION NO. P -11 -18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 11 -05
ASSESSOR PARCEL NUMBER 317 - 281 -09
WHEREAS, Conditional Use Permit (CUP) 11-05 was submitted by Eric Dye,
Applicant: A request to establish an 8,587 - square -foot, dance studio within an existing multi -
tenant building located at 13125 Danielson Street, Suites 101 -103, on property designated for
Light Industrial land use within the South Poway Specific Plan (SPSP); and
WHEREAS, on July 5, 2011, 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 establishment of recreation activities and interior
alterations within an existing building.
Sign 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC) for the approval of CUP 11 -05, are made as follows:
A. The location, size, design, and operating characteristics of the proposed indoor
recreation use are in accord with the title and purpose of Chapter 17.48 PMC
(Conditional Use Permit Regulations), the SPSP, the City General Plan, and the
development policies and standards of the City in that indoor recreation uses are
allowed with a 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 indoor recreation
use 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 indoor recreation use 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.
D. There are adequate public facilities, services, and utilities available at the subject site
to serve the proposed dance class studio.
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 primarily during off-peak hours from the normal weekday, daytime
business hours of the surrounding light industrial uses.
6109
I f
Resolution No. P -11 -18
Page 2
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 CUP 11 -05, a proposal to establish
an 8,587 - square -foot, indoor recreation use within an existing multi- tenant building located
at 13125 Danielson Street, Suites 101 -103, on property designated for Light Industrial sand
use within the SPSP, 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 betweeq 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 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 (2) the property
owner shall execute a Covenant Regarding Real Property that 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 CUP 11-05 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.
6110
Resolution No. P -11 -18
Page 3
F. CUP 11-05 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. The tenant space for the indoor recreation use shall meet all applicable Building
Codes and Fire Codes, and requirements for this type of building occupancy.
H. Building Permits are required for all new tenant improvements associated with the
indoor recreation use, including additional dividing wails and bathrooms. Egress
and disabled accessibility is required. All requirements deemed necessary by the
Building and Fire Departments, as part of the building plan review, shag be
implemented to the satisfaction of the City.
1. Activities, recitals, 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 CUP 11 -05 and payment
of applicable fees. Changes may be approved administratively at the discretion of
the Director of Development Services.
J, Any future building additions at the site shall comply with City parking requirements.
K. A City of Poway Business Certificate is required prior to the commencement of the
activity.
L. If the indoor recreation use for which CUP 11 -05 was issued terminates or
ceases operation for a continuous period of time in excess of 180 calendar days,
except for 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.
Se ction 4: The approval of Conditional Use Permit 11 -05 shall expire on July 5. 2013.
at 5:00 D,m. unless, prior to that time, use in reliance on CUP 11 -05 approval has
commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
California, this 5th day of July 2011.
Don " Higginson, ayo
ATTEST:
L>*6--YTroyan, MMC
6111
Resolution No. P -11 -18
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
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- 11 -18, was duly adopted by the City
Council at a meeting of said City Council held on the 5th day of July 2011, and that it was so
adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
da . Troyan, MMC, City Clerk
C of Poway