Covenant Regarding Real Property 2007-0484620
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RECO~DiNG:REQUEST'BY: ) rlFFl1 .1.'-\1 FiECI]R[I'='
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CITY OF POWAY I I~F:EGClR.1 ,I ',HITH :TIUr.j ['I RECIJROER
I ~f FEES 2E[I~2007 -0484620
WHEN RECORDED MAIL TO: I F'c..i-:1E'....
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CITY CLERK )
CITY OF POWAY ) vvY\
POBOX 789 I
POWAY CA 92074-0789 I
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I (This space for Recorder's Use)
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APN: 323...481-14 .
COVENANT REGARDING REAL PROPERTY
Buono J. and Carol A.. Ghian!,i, ~ROPERTY OWNERS, ("OWNER" hereinafter) are
the owners of real property d~':l:li.!:ll~doo.low, which .is comrnonly known as Assessor's
Parcel Number 323-48'1"14 ("PROPERTY" hereinafter) and is more fully described as
follows:
Lot 6 of Map No. 13410, iii theiCit}t ofPuWay,'County.of Sal1i.Diego, S1aleof
California, filed ii'Lllie Offiee,ofthe:County RecOrder of San' Diego County.
,J.!;. ~I},~.~,r.ftiPt'oUhe !Ipproval:pf.'CUP,.1Jl>.13; ~by;..theiCity .0f'iPowaY',rCIP'"
, l]~reif)a:f.ler}:...~WEB)"her:e!>y"agre",s"tol}.i~ide"bYith~cOnditions,contained~in'tne~attached ,. .~
'Resoluticm(Extiibit A). -. .' ." '-.-' - .
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This Covenant'Shall n.inwitf!Jt.t3\Ia_!)~ !J1'!~,gebindil1g'up6n,ai1d inure tolhe,benefil,bf
the future owners, encumbrancers, sucr..essors, heirs, personal representatives, transferees
and assigns of fhe respective parties. . ":., r~,;' :
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In the event that CUP Q6..13:explres or is rescinded by City Council at the request of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 KFerifurce'the provisions of this Covenant, the prevailing
party shall beei1titied to full reimbursement of all costs.induding reasonable attorneys'
fees, from the other party
OWNERS:
~W1 I
Dated: 7r">r07 By' -' .
Buon (Notarize)
Dated: 1-5"-0'1 By'
(Notarize)
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12256
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
r.:-^=>. -~ ~~~~ ~~~~~~Zifo.=^~~~~r'>&~~~
State of Caiifornia } ss.
County of SAN DIEGO
On JULY 5,.2007 before me, SUSAN L. MURRAY, NOTARY PUBLIC
Dale ,Name and Title of Officer (e,g., Jane Doe, Notary Public")
personally appeared BUONO J. GHIANNI
Name(s)of Signer(s)
CAROL A. GHIANNI
D! personally known to me
o proved,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/their
I@ SUSAN L M_Y t authorized capacity(ies) , and that by his/her/their
signature(s) on the instrument the person(s), or the
...COMM. #,149S159 n entity upon behalf ,of which the person(s) acted,
l;l. NOTARY PUBUC-CAUFORNIA ,Ill executea the instrument.
(J SAN,DIEGOCOUNTY ~
I' ." My commiSSion_ExPires ~,
JULY 2,.2008 '
Place Notary Seal Above W'X;y hand and offic' l~eal.
OPTIONAL
Though the information below is not required by law, it may prove valuable toper-sons relying on the document
and could prevf/nt fraudulent removal and reattachment of this form to another-document.
Description of Attached Document
Title or Type 01 Document: COVENANT REGARDING REAL PROPERTY
Document Date: JULY 5, 2007 Number of Pages: 1
Signer(s) Other Than Named Above: N/A
Capacity(ies) Claimed by Signer(s)
Signer'~:Name: BUONO J. GHIANNI Signer's Name: CAROL A. GHIANNI
III Individual Q!I Individual
D Corporate Officer - Title(s): D Corporate Officer - Title(s):
D Partner ~ D Limited D General D Partner -0 Limited D General
D Attorney in Fact D Attorney in 'Fact
D Trustee D Trustee
D Guardian or Conservator D Guardian or Conservator
D Other' D Other'
Signer Is Representing: Signer Is Representing:
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@2004 National Nolary Associalion' 9350 De Solo Ave., P.O. Box 2402. Chalsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1 800-876-6827
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12257
RESOLUTION NO P-07-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 06-13
ASSESSOR'S PARCEL NUMBER 323-481-14
WHEREAS, Conditional Use Permit (CUP) 06-13 was submitted by Susan
Barnes, SoCal Elite Allstars Cheerleading & Dance, Applicant, to establish a cheerleading
and dance studio within a 9,700-square-foot tenant suite within an existing industrial
building located at 13880 Stowe Drive, Suite B, in the Light Industrial (LI) zone of the South
Poway Specific Plan area, and;
WHEREAS, on March 13, 2007, 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 1 The propos,ed project is Categorically Exempt as a Class 1 Categorical
'EOxernption from the California f;:nvironmental Quality Act (CEQA) pursuant to Section
1530,1 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.
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. Section 2: The findings, in accordance with Section 17 48,070 of the Poway Municipal
Code,for CUP 06-13 to establish a cheerleading and dance studio within a 9,700-square-
foot tenant spacein-ari existing industrial building located at 13880 Stowe Drive, SuiteS, in
the LI zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the studio are
in accord with the title and purjJoseof Chapter 17 48 of the Poway Municipal Code
(Coriditional Use Permit Regulations), the City's General Plan and the South Poway
Specific Plan,.and the developmeRt policies and standards of the City in that the,site
is designated for light 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 The location, size, design, and operating characteristics of the studio
will be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, buildings, or structures in that the use will be located 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 studio is in harmony with the scale; bulk, coverage, and density
of, and is consistent with, adjacent uses in that the use will be located within an
existing industrial building and no exterior moaifications are proposed
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Resolution No. P-07 -09
Page 2
D There are adequate public facilities, services, and utilities available at the subject
site to serve the studio.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the studio can be accommodated wholly within an enclosed
buiiding, and there are adequate parking facilities to serve the existing industrial
uses arid the studio
F. The generation of traffic will not adversely impact the capacity and physical
character ofthesun'ounding 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 studio will operate during off-peak daytime hours and limited weekend
hours.
G The site is suitable for the type arid intensity of use or development that is proposed
in that the studio 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 besighificarit harrnful effects upon environmental quality and natural
resotirc$s in that the studiowilLbe 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 the 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 operate within an existing industrial
building and Will not increase the intensity of use in the surrounding industrial area.
Section 3: The Gity Council hereby approves CUP 06-13 to establish a cheer1eading and
dance studio within a 9,700-square-foottenant space in an existing industrial building
located at 138.80 Stowe Drive, Suite B, in the Light Industrial (L1) zone, as shown on the
plans dated December 28, 2006, subject to the followiiig 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 at the time of Building Permit issuance.
B Within 30 days of the date of this,approval:, (1) the applicant shall submit in writing
thatall 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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Resolution No P-07 -09
Page 3
D The,'conditions of this CUP shall remain in effect for the life of the subject
cheerleading and dance,studio, and shall run with the land and be binding upon
future owners, successors, heirs, and transferees of the current property owner
E. CUP 06-13 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 shall obtain a Building Permit prior to occupancy and comply with the
following:
1 Tile applicant shall comply with the latestcidopted Uniform Building Code
(UBC), NationalElectricCode, and all other applicable codes and ordinances
in effect at the time of Electrical/Building Permit issuance.
2. The tenant space, shall be soundproofed. Specifications on the sound-
proofing material shall be shown on the plans submitted to the Building
Division for review and approval by the Building Division, Planning Division
and Fire Marshal.
3. The site shall be developed in accordance with the approved plan,on file in
the Development Services Department and the conditions contained ,herein.
Tenant improvement plans incorporating all condiJions of approval shalrbe
submitted to the 'Building Division for review and approval. During this review
process, the tenant improvement plans shall be routed to the FireMarshal for
review and approval. A final inspection from the appropriate City
Departments will be required.
4 Prior to occupancy, the owner or the applicant shall install restroom
improvements in accordance with the 2000 UBC, Chapter 19, Minimum
Plumbing Fixtures. The,improvements,shi:lll include, at a minimum, a total of
tWo water closets for the men's restroom and three water closets for the
woman's 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 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 of a cheerleading studio, must comply with all applicable
requirements of Section 1003 (UBC), for all portions of the means of egress
from the subject building. The applicant shall meet the following minimum
state and Jocal codes, which are not necessarily limited to the following:
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Resolution No. P-07-09
Page 4
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.
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 & 1003.2.84,
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. 1007.2.5, UBC).
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 and dance studio, pursuant to CUP 06-13,
the following shall apply:
1 the cheerleadihg, and dance studio is limited to operation from 4:00 p.m. to
1130 p.m. Monday through Friday, and from 8:00 a.m. until 7'00 p.m. on
Saturdays;- Modifications-to the days and hours of operation are-subjecHo
.;" the review and approval of the Director of Development Services, and may
be subject toCilyCouncil review and approval.
2, Any signs proposed for the use shall be designed and approved in
conformance with the Sign Ordinance and the Comprehensive Sign
Program for the site.
0
SectionA The approval of CUP 05c13 shall expire on March 13,2009. aL5:00 p;m.,
.unless the applicant has obtained a Building Permit pursuant to this approval prior to the
expiration date.
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Resolution No. P-07 -09
Page 5
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 13th day of March 2007
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'LAJiane Shea: Gity' Clerk'
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,STATE OFCALlFORNIA: )
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?bl:JNtY~OFSA,~DIEGO )
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," , ,I,L Diane /Shea, City Clerk of the City of Poway, do hereby certify that the
foregbiI19'Re'solutl()n No. ;ploil09; was duly adopted by the City Council at a meeting of
said CitYCouneil. hfM on the 13th day of March. 2007, and that it was so adopted by the
following vote: -
,
,AYES. BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
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NOES: NONE
ABSENT NONE
DISQUALIFIED: NONE
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City of Poway