Covenant Regarding Real Property 2006-0405538
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RECORDING REQUEST BY )
) JUN 08, .2006 10:24 AM
CITY OF POWAY )
) CiFFI[I..:.:..L RECUF:[I':
WHEN RECORDED MAIL TO: ) '=,L:..rJ [IIU;I~I CUUUT'I FiECDFiLIER'S DFFICE
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CITY CLERK ) ,'EE", .2~,_IYI
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CITYOFPOWAY )
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POWAY CA 92074-0789
5208 )1 ~ (I",S space lOr "eGu,ue,~Ou~~-0405538
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APN 317-225-05/CUP'05'03~-'.~ -- ._- -.....
COVENANT REGARDING REAL PROPERTY
Linda Ohlsen, District Manager, RREEF America REIT II Corp JJ, a Maryland
Corporation ("OWNER" hereinafter), is the owner of real property described below, wh'lch is
commonly known as Assessor's Parcel Number 317-225-05 ("PROPERTY" hereinafter) and is
more fully described as follows,
Parcel 4 and 5 of Parcel Map No 15618, in the City of Poway, County of San
Diego, State of California, Filed in the Office of .the Couhty Recorder of San
Diego County, March 24,1989, 'as File No 89-152071 of Official Records,
,In consideration of the approval of CUP 05-03, by the City of Poway ("CITY" hereinafter),
OWNER hereby agrees to abide by the conditions in the attached Resolution (ExhibitA),
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In the event that CUP 05-03 expires or is rescinded by City Council at the request of the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 th,isCovenant, the prevailing party
shall be entitled to full reimbursement of all costs. including reasonable attorneys' fees, from the
other party
D""d tf"'" ,:J, &oe,'
istrict Manager (Notarized)
//;9/0(, CITY OF POWAY ;;;:z:r
Dated: By' ./A--//
Niall Fritz, Director 'of Development Services
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M;\planning\05report\cup\05-03 SaCal Allstars\covenant.doc
6(0-0-01-
r\ CALI~ORt'''~A ALL-PURPlE ACKNOWLEDGMENT .
State of C:nc~ar(1lc\' 5209
County of ~,;:jjl e J 0
On a::=~OO &J before me,
t~ Nflme and Title of Officer e.
per nally appeared L I t1C~(). Ot,1 So e V\
Name(s)01 Signer(s)
~erSOnallYknown to me - OR - Oproved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/theirauthorized capacity(ies), and thatiby
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
OPTIONAL
Though the information befow is not reqUired by law, it may prove valuable to persons refying on the document and could prevent
fraudulent remova(and reattachment of this form to another document.
Description of Attached Document e
Title or Type of Document C:,)V"V'C\I^~dr(JI~~-eC\ l ('{)ft:f'~
Document Date: Ju l.:t-J 'l. J r9C(lL) Number of Pages: --0
Signer(s) Other Than Named Above: ~) II'J I~lrf'(,io(' Q!T b~J~ {OrYlepit ~rJ }'( (""5
Capacity(ies) Claimed by Signer(s)
Signer's Name: I_I'" Ao_Db[ <:,e n Signer's Name.
D Individual D Individual
)&., Corporate O!ficer , D Corporate Officer
Title(s): . " . Title(s):
D Partner - D Limited D Partner - D Limited D General
D Attorhey-incFact D Attorney-in-Fact
D Trustee D Trustee
D Guardian or Conservator D Guardian or Conservator
D Other' D Other' Top of thumb here
Signe~ RepreSen~ing~ Signer Is Representing:
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o 1994 Na~I~1 Notal'f Association' 6236 Re~met-A~e.:p:O. Bol(,7"1B4:. Canoga Pari<, CA 91309-7184 Prod. No. 5907 Reomer: Call Toll-Free 1-800-876.6827 .
" . .
EXHIBIT A 5210
RESQLUTION NO P-05-Q1
ARESOL.:UTIQN,OF THE CITY COUNCIL
OF THE,QLT.Y OF P()WA'(, CAliFORNIA
APPROVING CONDITIONAL USE PERMIJ 05-03
ASSESSOR'S PARCEL NUMBER 317-225-05
WHEREAS, Conditional Use Permit(CUP) 05-Q3 wa:s'~ubmittedby Susan. Barnes,
SaGa I EliteAllstars, ApplicanMoestablish a cheerleading,studio within a 5,381-square-foot
,tenant space in an existing induJ;trial'building located at 12576-Kirkham Court, Building H,
Suite 2,;in the Scenic Vi'aw BL'siness F>ark"in the Lighrlhdustrial zone of theSouthpoway
Specific:; Plan'area, ana;
- WHEREAS, onJl:Jly 1 Q,2605,the'CityCouncil helg a~duly 8.9yeriised public hearing
to solicit comments fromthe;public,cboth pro a-nd co'ri, relative to this application.
NOW;THEREFOR~, BE'iT RESOL VEDby 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
1'5301 of the CEQA Guidelines, in that the use will occ!-!PY an existing industrial building'
'.and 'Will not'increase the'intensity of.use in th-e,surroundirig industrial area.
Section.2, " J;tl~ firipings, in a,cc6rdance with Section t7'48,070'ofthe Poway MLJoicipal
Ccige, for: CUP 05-03 to establish,a cheerleading studioJorthe,~ur[Jpsesof chee'rleading
instruction to .children within, a, 5:381-square-fciot lenant',space .in an existing industrial
building locatediat 12576 Kirkham'Qourt, Suite 2, intheScenic\iiew Business Park, in the
Light Industrial zone, are made as'.follows:
A. The proposed locaJioh, ,size, design, and operating characteristics of the
cheetl~?,dli)g st~dio,[~ In accord with the title and purpose of'Chapter 1748 ofthe
.Poway Municipal Code (Conditional Use PermitRegulations), the City General Plan
and:tlie S,Outh PowaySpecific,Plan; an(j:thi~ devel6pmenlpolicies and standards of
th~Ci!yi~ thaJ,!hesite,is designated for light Ir:ldustrialuseand a recreational use:is
allowed with the ,approval. ofa Conditional Use Permit ',^,'ithin buildings of 5,000
square feet or'greater
B The.locatiori i size; desjgn, aM qperating cflaracteristics otthe cheerleading studio
, '
will be compatiblevvith and will not adversely affeet'orbe materially detrimental to
adja~elJt uses, buildin,gs, or structures in that the use will be located within an
existingindustdal building, itwill not increasetheintensityof use in the surrounding
industrial area, and adequate parking is available.
C The cheerleading studio'is Ln oarmony with \t;]escale,bulk"coverage, and.density of,
andis,consistentwitti"adj9-,,~rituses inthatthe usewill'be located within an existing
indusfriall5Liilcjing itn'd no .exterior modifications are proposed.
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Resolution No P-05-51
Page 2
0 There are adequate public facilities, services, and utilities available at the subject
site to serve the cheerleading studio
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the cheerleading studio can be accommodated wholly within
an enclosed building and there are adequate parking facilities to serve the existing
industrial uses, and the cheerleading studio
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 cheerleading center will operate during off-pe'ak daytime hours and limited
weekend hours,
G. The site is suitable for the type and intensity of useor development that is proposed
in that the cheerleading center will operate during off-peak traffic hours from the
surrounding general industrial area. The number of students and employees are
limited and there is no impact anticipated to the surrounding industrial uses.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the cheerleading studio will be located within an existing industrial
building, and will not impact natural habitat resources.
I. The potential impacts, and the proposed location, size, design and operating
characteristics of thecheerleading studio will not bematerially 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 05-03 to establish a cheerleading
studio within a 5,381-squarecfoot tenant space in an existing industrial building located at
12576-Kirkham Court, BuildingH, Suite 2, within the Scenic View Business Park, in the
Light Industrial zone, as shown on the plans dated'May 19, 2005, subject to the following
conditions:
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 atthe 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.
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5212
Resolution No P-05-51
Page 3
D. The conditions of CUP 05-03 shall remain in effect for the life of the subject
cheerleading studio, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner
E. CUP 05-03 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concems that may have been raised during the prior year
F The applicant shalloblain a Building Permit prior to occupancy and 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 May 19, 2005) 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 wii, be required.
3. Prior to occupancy, the owner of the Scenic View Business Center shall
install restroom improvements in accordance with the 2000 UPC code,
Chapter 19, Minimum Plumbing Fixtures. The improvements shall include,
at a minimum, a total of two water closets for the men's restroom and three
water closets for the female restroom, consistent with City standards.
G. Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1. The proposed use for a cheerleadingstudio, located at 12576 Kirkham Court,
is classified as a Group A Occupancy, Division 3, in the 1998 edition of the
California UnrrOrnl Bu)ldingCode(UBC): All pubUc assembly occupancies
that are used to gather 50 or more persons together as defined in the
1998 UBC, Section 303.1 1, including the proposed use of a cheerleading
studio, must comply with all applicable requirements of Section 1003 (UBe),
for all portions of the means of egress from the subject building. The
applicant shall meet the follOWing minimum state and local codes, which are
not necessarily limited to the following:
a. Exiting must conform with the requirements of an A-3 Public
Assembly; single-action locking hardware or keyed lock on front entry
and panic hardware on secondary exits.
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Resolution No P-05-51
Page 4
b. Illuminated exit signs shall be provided for each required exit door,
and where required within the connecting corridor throughout the
building, to indicate the path of exit travel (Sec.1 003.2.8 & 1003.2.8.4,
UBC).
c. If a key lock is used on the front entry, a sign shall be placed above
the door stating "THIS DOOR MUST REMAIN UNLOCKED DURING
BUSINESS HOURS" (Sec.1 007.2.5, UBe).
d. Exit doors shall swing in the direction of the path of travel where' the
area served has an occupant load of 50 or more.
H. Upon establishment of the cheerleading studio, pursuant to CUP 05-03, the
following shall apply:
1 The cheerleading studio shall be comprised of a reception area, one office,
storage and utility rooms, and an approximate 3,375-square-foot classroom
area, as reflected in the site plans dated May 19, 2005 An expansion of the
floor area into any adjacent suite, or relocation to a different suite within the
center, will require the approval of a Modification to CUP 05-03.
2. A minimum of 12 on-site parking spaces has been allocated for Suite 2, in
Building H. A copy of the parking allocation in the lease agreement for
the Scenic View Business.Parkshall be provided to the Planning Division for
documentation.. In the event that the Development Services Department
receives complaints and it becomes evident that the demand exceeds the
allotted of 12 spaces, the applicant shall process a modification to the
Conditional Use Permit to address the parking issue.
3. The cheerleading center is limited to operation Monday through Friday from
4:30 to 9:30 p.m. and on Saturdays from 10:00 a.m. until 2:30 p.m.
Additional,hours or an expansion in floor area for the c;heerleadJDg studio
may be approved by the City Council Upoll determination that there is no
impact on the demand for parking,
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 Scenic View Business Park.
Section 4: The approval of CUP 05-03 shall expire on July 19, 2007, at 5:00 p.m.,
unless the applicant has obtained a building permit pursuant to this approval prior to the
expiration date.
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5214 Resolution No, P-05-51
Page 5
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 19th day of July 2005.
ATTEST
L{6b~
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
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I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. P-05-51, was duly adopted by the City Council at a meeting of
said City Council held on the 19th day of July 2005. and that it was so adopted by the
following vote:
AYES. EMERY, HIGGINSON, CAFANGA
NOES: NONE
ABSENT BOYACK. REXFORD
DISQUALIFIED' NONE
X~~
L. Diane Shea, City Clerk
City of Poway
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