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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 In the event that CUP 11 -05 expires or is rescinded by City Council, or the OWNER terminates the use permitted by the CUP 11 -05, upon the request of the OWNER the City shall expunge this Covenant from the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) s m:\planning\11report\cup \11 -05 san diego dance centre \cov.do_.. II -CGZ 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) OIAWE YII CanmNsbn # # f 177 1771742 Nobs► hAft - CCOifonNa tan DNW County NM�L�pM��0ec�7011 t�lr 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