Covenant Regarding Real Property 2005-0152484
, ., . 11970 .
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" ~RECbRDING REQUEST BY:) DOC # 2005-0152484
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WHEN RECORDED MAIL TO: ) FEB 24, 2005 12:28 PM
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COVENANT REGARDING REAL PROPERTY
Foremost Business Park, PROPERTY OWNER ("OWNER" hereinafter) is the owner of
real property described below which is commonly known as Assessor's Parcel Number 317-
223-19 ("PROPERTY" hereinaften and.is more particularly described as follows:
Lot 22 of the City of PowayTract No. 85~04 Unit 1, irHhe City of Poway, County
of San Diego, StateofCalifcirnia,.according to. Map thereof No, 11742, filed in the
Office of the County Recorder of San Diego Couiity, March,9, 1987
In.,consideration of the approval.of CUP 04-18,byth'e Cityof poway ("CITY"'hereinafter),
OWNER hereby agrees to abideby:conditions of the attachesJ resolution (Exhibit B).
. This Covenant shall run:with the land and be bindingupon.and inure to the benefit ofthe,
future' owners, encumbrancers, successors, heirs, personal represent-atives, transferees and
assigns of the respective parties.
In the eventthat CUP 04018 expires or is rescinded. by City Council atlherequestof the
OWNER, CITY shall expungethisCbvenant from the record title of the PROPERTY
In the event of litigation to;ellforce the provisions oFthis Covenant, the prevailing party
shall-be entitled to full reimbursement orall costs, including.:reasonable attorneys' fees, from the
other party
OWNER:
Dated: ~ ~ BY~~:'-~~ _ ..
IIliamG Sf!l!t . ' (Notarize)
Forel11ost Business Park
CITY OF POWAY
,
Dated /, 2.~.. i1 <
06- D37
~' " . . 11971
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CALlFORNIAALL,PURPOSE ACKNOWLEDGMENT
,
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State of California } ss.
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I, County of
1
On Feb. q, .;2005 , .1
before me, .
Date (1. S ...Name a.ndTltle of Qlficer(e:g., "Jane Doe. Notary Publi ")
personally appeared _'!lahll.lV\
m\~
Name(slofSlgnerjs)
D personally known to me ,
Ii( proved to me on the basis of satisfactory
evidence I
J - - - - ~-'- - ~--- - to be the person~ whose name!!;} clii>are I
~ ~,D.wqtlIlE!-l J
~. NolGry~#1421698, . subscribed to the within instrument and I
,PullIIc. CaBIomia f acknowledged to me that llllIshe!ttley executed I
j~ ~ ~ ~~~~!:.}~~~~'. the same in ~_ir authorized
capacity(ieet; and that by JIti1hefAAeir
signature~n the instrument the personf<+, or
the entity upon.behalf of which the personfel I
acted; executed the instrument I
1
, WITNESS ~y h~1. 1
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(, ~/JA.t.J 1
Signature of Notary Public
(, )
OPTIONAL
Though the information below is not required by law, it may prove valu.able to persons relying on the document and could prevent
fraudulent removal 'and reattachment of this;form to another document.
I Description of Att~ched DoclJment 1
,. Title or Type of Document: C~,I\+- Q.e', Ren.l .()roper:lt .1
I
I I
, Document Date: ~ .'1.05"' Number of. Pages: 7 1
1 ,1
Signer(s) Other ,han Named Above:
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Capacity(ies) Cla'imed by Signer 1
.1
Signer's Name: )
.
D Individual Top of lnumb here "
D Corporate Officer - Tltle(s): ,
D Partner - D Limited' D General 1
D Attorney-in-Fact
D Trustee
o Guardian or Conservator I
D Other'
.,
Signer Is Representing: .1
"
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@ 1999 National Notary Association. 9350 De SOlo Ave: P.O. Box 2402. ChalswOIIh. CA 91313.2402. wwwnationainotary.org Prod. No. 5907 Reorder: Call Toll-Free 1 BOD-876:6B27
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11~72
EXHIBIT B
RESOLUTION NO pc05-03
A RESOLUTION OF THE CITY COUNCIL
OF TBE'CITY OF POWAY., CALIFORNIA
APPROVING CONDITIONAL OSE PERMIT 04-18
ASSESSOR'S PARCEL NUMBER 3170223-19
WHEREAS, Conditional tJse Permit (CUP) 04-18 was submitted by Kelly Grant,
Scripps Dance Center, Applicant, to establish a dance studio within a 3,500-square-foot
tenant space in an existing'industrial building located at 12840DanielsonCourt, Building B,
Suite A, within the Foremost Business Park, in the South Poway Planned Community
zone, and;
WHEREAS, on January 25, 2005, 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 l' The proposed project is Categorically Exel11pt 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 ~ccbrd?ncewith Section 17 48 070 of the Poway Municipal
Code, for CUP 04-18 to establish a dance studio for the purposes of dance instruction to
,children'within a 3,500-square"foot tenant space in an existing industrial building located at
12840 Danielson Court, Building; B, Suite A, within the Foremost Business Park, in the
South PowayPlanned Community zone, are made as follows:
A. The proposed locatioll, size, design, and operating characteristics of the dance
studio is in accord with tile 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
qty in that the site is designated for Ligilt Industrial use and a recreational use is
allowed with the approval of a Conditional Use Permit within buildings of 5,000
square feet or greater
B. Tile location,. size; design, and operating characteristics of the dance studio will.
be compatible. with and will. not adversely;affect or be materially de,trimental to
adjacent uses; b~i1dings, or structures in that the use will be locating within an
existing industrial building, it will not increase the intensity of use in the surrounding
industrial area, and adequate parking is available.
C The dance center is in harmony with thescale,.'bulk, coverage, and density of, and
js consistent wjth, adjacent uses in that the use will be located within an existing
industrial building and no exterior modifications are proposed
. . 11973
Resolution No. P-05-03
Page 2
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D There are adequate-public facilities, services, arid utilities available at the subject
site to serve the dance studio
E. There will not be 'a harmful effect upon the desirable surrounding property
characteristics in that the dance studio can .be accommodated wholly within an
enclosed building and there are adequate parking facilities to serve the existing
industrial uses, and the dance studio.
F The generatiSln of traffic will not adverseiy impact the capacity and physical
character of thesuri"ounding streets and/or the Circulation Element of the General
Plan in that the level of service of the streets in the area is atan acceptable level,
and the dance center will operate during offcpeak daytime hours and limited
weekend hours.
G The site is suitable for the type and intensity of use or development that is proposed
in thatthe dancecenterwijFoperate during off-peak traffic hours for the surrounding
gElneral industrial'area. The number of children, and employees are small and there
is no impact anticipated to the surrounding industrial uses.
H There will not be significant harmful effects upon environlTlental quality and natural
resources in that the dance studio will be located within an existing industrial
building, and will not impact natural habitat resources.
I. That the potential impacts" and the proposed location, size, design and operating
characteristics of the dance studio 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 ope[ate 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 04-18 to establish a dance studio
within a 3,500-squarecfoot tenant space in an existing industrial building located at 12840
Danielson Court, Building B, Suite A, within the Foremost Business Park, in the South
Po...yay Plann~d, Community zone, as shown on the plans dated November 23, 2004,
subject,to the following conditions:
A. Approval Of this CUP shall apply only to tbe subject project and. shall not waive
cOl11pliancewith all sections of the Zoning Ordinance and all other applicable City
ordinances in effect at the time of Building Permit issuance.
S Within 30days'ofthe date of this approval: (1) the applicant shall submit in writing
thatallconditions of approval have been read and understood; and (2) the property
owners shall execute a Covenant Regarding Real' Property
C The use con.ditionally granted by this approval shall not be conducted in such a
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marinerasto interfere with the reasonable use and enjoyment of surrounding uses.
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Resolution No. P-05-03
Page 3
D The conditions of CUP 04-18 shall rernaindn effect for the iife of the subject dance
studio, and shall run with the land and bebinding upon future owners, successors,
heirs, and transferees of the current property owner
E. CUP 04,:18 may ,be subject to annual review, a,s 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 If aBuilding Permit isrequired and/or prior to occupancy, the applicant shall comply
with the following:
1 The applicantshall c!?lTlply 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 Developrj1entServices Department (dated November 23,2004 land the
conditions contaLried herein, Tenant improvement plans incorporating all
conditions of aPRroval shall be subrnitt.edtothe 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.
3 The owner of the F9!eJ!lost Business Center will install doors on the trash
enclosure in front of Building E, 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:
The proposed ~se for a dance center, located at 12840 Danielson Court, is
classified as a GroupApccupancy, Division 3, ill the 1998 edition of the California
Uniform Building Code (UBC). All public 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 9f a dance.c~nter; must comply with all applicable
requirernents.of Section 1003 (UBC), for all portions.of the means of egress from the
subject building. Arecent fire and life safety ihspection disclosed non-compliance
with certain minimum state and local codes which are not necessarily limited to the
following:
1. A minimum of two approved exitdoors must.be provided from each,separate
dance'room per Table A, (UBC). The front "dance room" has an occupant
load capacity.of a minimum of 53 to a maximum113 persons, and the rear
"dance room" a minimum capacity 'of 78 to a maximum of 167 The
maximurn occupant load for each. room will depend upon a combination of
the actual seating capacity and the dance floor area intended to be used.
.
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Resolution No. P-05-03
Page 4
2. The two required exit doors within each,dance room, must be separated a
distance apart equal to not less than one-half of the length of the maximum
overall diagohal dimension of the area serVed measured in a straight line
between the center of the exit doors (Sec.1 004.2.4, UBC).
3. Provide panic hardware for the second exit door of each dance room. The
front and main exit door may be provided with a key-locking device in place
of the panic hardware, provided there is a readily visible durable sign
adjacent to the do()rway stating, "THIS DOORMUSTREMAIN UNLOCKED
DURING BUSINESS HOURS," (Sec.1007.2.5, UBC).
4 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'.84, UBC).
5. 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 ofthe dance studio, pursuant to CUP 04-18, the following shall
apply'
1 The dance studio shall comprise of two offices, restroom, and a dance floor
(dance stUdio) as reflected in the site plans dated November 23,2004 An
expansion of the dance floor area into the storage area wilL require the
approval of a Modification to CUP 04-18
2. A minimum of 12 on-si!e parking spacEls has been allocated for Suite A, in
Building B A copy of the parking allocation in the lease agreement for
the Scripps Dance' Center 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 dance studio is
exceeding the allocation of 12 spaces, the,Conditional Use Permit shall be
set fora public hearing before the City CounCil, to consider modification to
address the parking issues.
3. The dance center is limited to operation Monday through Friday from 4'00 to
8:00 p.m.,and bn Saturdays from 9:00 a.m.jo 1'00 p.m. A9ditional hours or
an, expansion in floor area,for the dance studio may be approved by the City
Council upon determination that there is no impact on the demand for
parking.
4. Any signs proposed for the use shall be designed and approyed in
conformance with the Sign Ordinance and the Comprehensive Sign Program
(CSP 00-03) for the Foremost Business Park.
.. 119?6
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Resolution No. P-05-03
Page 5
Section 4: Ihe approval of CUP 04-18 shall expire on January 25, 2007, at 5:00 p.m.
unless, the applicant has entered in a lease agreement with the owner and has been
conducting business within the Foremost Business Park prior to its expiration.
PASSED"ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 25th day of January 2005.
ATTEST
f{,.~~
L. iane Shea, City C erk '
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-05- 03 , was duly adopted by
the City Council at.a meeting of said City Council held on the 25th day of January 2005,
and that it was so adopted by the following vote:
AYES' BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE ~1- ~,,~
L. iane Shea, City Clerk
City of Po way