Covenant Regarding Real Property 2007-0453976
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RECORDING REQUEST BY' )
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CITY OF POWAY ) JUL 06, 2007 2:40 PM
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WHEN RECORDED'MAIL TO' ) UFFICI,".!. i':[I-OF:[,",
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CiFiECIIFi"1 ! -;MITH [cur.JI'1 HECOR[IEF:
\ufi1 CITY.CLERK ) FEE'" ::5,un
CITY OF POWAY ) F~I.-iE.'~, lfl
POBOX 789 ) 1~~I~~~OOOO~OOOOOOMOOm~ I
POWAY CA 92074-0789 )
) (This space fo, on_ __ _ ___,2007-0453976
No Transfer Tax Due )
9823
COVENANT REGARDING REAL PROPERTY
John Lively, PROPERTY OWNER ("OWNER" hereinafter) is the owner of real
property described in Exhibit A which is'attachedhereto and madea part hereof and which
is commonly known as Assessor's Parcel Number 317-101-42 ("PROPERTY" hereinafter).
Inconsideration of the approval of Minor Conditio.nal Use Permit (MCUP)
95-02M(3). a request to expand an existing beauty school ihto three adjacent suites
consisting of approximately 6,OOOsqiJare feet, for a total of approximately 19,100 square
feet, by,the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by
conditions of 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, encumbtanc_es, successors, heirs, personal representatives,
tranSferees and assigns of the respective parties.
In the event that MCUP 95-02M(3) expires or is rescinded by City Council at the
request of the OWNER, CITY shall expunge this CovenanHrom the record title of the
PROPERTY
In the event of litigation 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
OWNER.
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Dated: '\
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Dated By'
Niall Fritz, Direct6rof Develo ent Services
M:\planning\07report\mcup\MCUP 95-02M3 Beauty Academy\cov.doc
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9824
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California } ss.
County of 5etr') })i~f)
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On , before me,
, Dati Name and lltle o! Otficer(e.g.
personally appeared :](;hYl Lve.! ]l
Name(s) ofSlgner{s)
~ersonally known to me
o proved to me on the basis of satisfactory evidence
.lEAIlEm IlIIOWNlNG to be the person(s) whose name(s) is/are subscribed
ew.... .. Ie6IQlO to the within instrument and acknowledged to me that
....... . . I he/she/they executed the same in his/her/their
IaIllllgDoa.-. authorized capacity(ies), and that by his/her/their
MyCcrrm. Ell*- a signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
OPTION
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
l1tle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - l1tle(s): o Corporate Officer - l1tle(s):
o Partner - 0 Limited 0 General RIGHT.:fHUMBPRINT o Partner - 0 Limited 0 General
o Attorney in Fact OF: SIGNER o Attorney in Fact .
Top of thumb here Top cf thumb here
o Trustee o Trustee
D Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
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c 2004 National Notary Association. 9350 De SOIa Ave.. P.O. Box 2402 . Chalsworth, CA 91313-2402 Ilem No. 5907 Reorder: Call Toll-Free 1-800-876-6827
, . -
., EXHIBIT A
/ Page 1 DESCRIPTION 9825
, / orderNd. 48004079
/ ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHwEST QUARTER OF SECTION
/ 1'3, TOWNSHIP 14 'SOUTH, RANGE ,2 WEST, SAN BERNARD~NO MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 13; THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER, NORTH 890 08' 30" WEST, 459,,50 FEET TO THE SOUTHWEST
CORNER OF LAND DESCRIBED IN DEED TO RAYMOND HAMPE, RECORDED AUGUST 25, 1953, IN
BOOK 4965, PAGE 184 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE
ALONG THE WESTERLY LINE OF SAID HAMPE'S LAND, NORTH 01" 54' 00" EAST, 489.33 FEET
TO THE SOUTHWEST CORNER OF LAND DESCRIBED IN DEED TO ERNEST H. PEACOCK, ET AL,
RECORDED SEPTEMBER 2, 1953, IN BOOK 4974, PAGE 78 OF OFFICIAL RECORDS; THENCE
ALONG THE WESTERLY LINE OF SAID PEACOCK'S LAND NORTH 010 54' 0011 EAST, 315.85
FEET, MORE OR LESS, TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF LAND
DESCRIBED IN DEED TO ERNEST H, PEACOCK, ET AL, RECORDED PEBRUARY 2, 1954, IN
BOOK 5128, PAGE 345 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID
PEACOCK''S LAND, NORTH 880 59' 00" WEST, 247.54 .FEET TO THE SOUTHWEST CORNER OF
SAID LAND; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE NORTHWEST CORNER OF
LAND'DESCRIBED IN DEED TO JOHN HENRY CAUDELL, ET UX, RECORDED FEBRUARY 15, 1954,
IN BOOK 5141, PAGE 464 OFR ~FFICIAL RECORDS; THENCE ALONG THE NORTHERLY AND
EASTERLY LINES OF SAID CAUDELL'S LAND THE FOLLOWING COURSES AND DISTANCES:
SOUTH 890 08' 30" EAST, 24'4.12 FEET; AND SOUTH 030 23' DO" WEST, 320.32 FEET TO
THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE
ALONG SAID SOUTHERLY LINE SOUTH 890 08' 30n EAST, 232.50 FEET TO THE TRUE POINT
OF BEGINNING
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED
LINE
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 13; THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER, NORTH 890 08' 30" WEST, 459 50 FEET TO THE
SOUTHWEST CORNER OF LAND DESCRIBED IN DEED TO RAYMOND HAMPE, RECORDED AUGUST 25,
1953, IN BOOK 4965, PAGE 184 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE
OF SAID HAMPE'S LAND, NORTH 010 54' 00" ,EAST 388 00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 890 08~ 30n WEST, 437 45 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO RILEY J LIVELY I ET UX, RECORDED
NOVEMBER 7, 1966, AS FILE NO 177168 OF OFFICIAL RECORDS; SAID POINT BEING
DISTANT. THEREON NORTH 260 09' 3211 EAST, 75 19 FEET FROM THE NORTHWEST CORNER OF
SAID DISTANT THEREON NORTH 260 09' 32" EAST, 75 19 FEET FROM THE NORTHWEST CORNER
OF SAID CAUDELL'S LAND,
I
. . 9826
EXHIBIT B
RESOLUTION NO P-07-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 95-02M(3)
AND RESCINDING RESOLUTIONS NO P-95-21 AND P-01-01
ASSESSOR'S PARCEL NUMBER 317-101-42
WHEREAS, MCUP 95-02M(3), submitted by Lynelle Lynch, Applicant, requests a
modification to a Minor Conditional Use Permit to allow the expansion of an existing beauty
school into an three adjacent suites in the Lively Shopping Center located in the Town
Center zone at 13264 Poway Road; and
WHEREAS, on June 5, 2007, the City Council held aduly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1 The project is Categorically Exempt from the provisions of the California
Environmental Quality Act, pursuant to Section 15303( c), Class 3 exemption, in that it is a
minor change of use to an existing commercial building.
Section 2: The findings, in accordance with Section 1748.070 of the Poway Municipal
Code for MCUP 95-02M(3) to modify a Minor Conditional Use Permit to allow the
expansion of an existing beauty school into an adjacent suite in the Lively Shopping Center
at 13264 Poway Road in the TC zone, are made as follows:
A. The design of the proposed project will meet the required type, height limit, and
operating hours, and it will othelWise comply with all of the relevant codes and
standards of the City of Poway The proposed use is considered to be an allowable
use in the TC zone, with the approval of a Minor Conditional Use Permit. Therefore,
the proposed location size, design and operating characteristics of the proposed
use are in accord with the title and purpose of Section 17 48.070 of the Poway
Municipal Code, the purpose of the zone in which the site is located, the City
General Plan, the Poway Road Specific Plan, and the development policies and
standards of the City
B The location and design of the proposed'school expansion will not createa.negative
visual impact on surrounding properties since it will involve only minor exterior
changes to the building. Therefore, the location, size, design and operating
characteristics of the proposed use will be compatible with and will not adversely
affect or be materially detrimental to adjacent uses, residents, buildings, structures,
or natural resources.
C There will be only minor exterior changes to the building. Therefore, the hannony in
scale, bulk, coverage and density of the project is consistent with adjacent uses.
. .
Resolution No P-07 -249827
Page 2
0 There are public facilities, services and utilities available in the existing commercial
building.
E. The proposed beauty school expansion will occur within an existing shopping center
and will be an enlargement of an existing use. Therefore, there will not be a harmful
effect upon desirable neighborhood characteristics.
F The project will not measurably increase traffic. Therefore, the generation of traffic
will not adversely impact the capacity and physical character of surrounding streets
and/or the circulation element of the General Plan.
G The project is located in a large shopping center (characteristic of its neighborhood),
which provides adequate parking and onsite circulation. Therefore, the site is
suitable for the type and intensity of use or development that is proposed.
H. The project will not involve expanding the limits of the existing structures and will not
involve hazardous materials or processes. Therefore, there will not be significant
harmful effects upon environmental quality and natural resources.
I There are no other relevant negative impacts of the proposed use that cannot be
mitigated
J The project will involve only minor exterior changes to the building. The proposed
use is an allowable use in the TC zone. Therefore, the impacts, as described
above, and the proposed location, size, design and operating characteristics of the
proposed use and the conditions under which it would be operated or maintained
will not be detrimental to the public health, safety or welfare, or materially injurious
to properties or improvements in the vicinity nor be contrary to the adopted General
Plan, and
K. That the proposed conditional use will comply with each of the applicable provisions
of Section 1748.070 of the Poway Municipal Code.
Section 3 The City Council hereby approves MCUP 95-02M(3) to expand an existing
approximate 13,1 OO-square-foot beauty school into an adjacent 6,OOO-square-foot area in
the Lively Shopping Center at 13264 Poway Road in the TC zone, as shown on the plans
dated March 9, 2007, subject to the following conditions:
A. Approval of this MCUP 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.
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 on Real Property
. .
Resolution No P-07 -24 9 8 2 8
Page 3
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
commercial uses.
D The conditions of MCUP 95-02M(3) shall remain in effect for the life of the subject
private school and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. MCUP 95-02M(3) is subject to annual review to ensure compliance with the
Conditions of Approval and to address concerns that may have been raised during
the prior year. If it is determined that there have been complaints or issues raised
with the use, or the use is not in compliance, the review will be forwarded to the City
Council. The City Council may add conditions to the permit, amend the permit or
revoke the Conditional Use Permit.
F Prior to occupancy of the new suite, the applicant shall obtain a Building Permit for
the interior improvements. Prior to issuance of a Building Permit, the applicant shall
comply with the following:
1 The applicant shall obtain a Building Permit for the interior improvements.
2. The applicant shall comply with the latest adopted Uniform Building Code,
and all other applicable codes and ordinances in effect at the time of Building
Permit issuance, including, but not limited to, the 1997 UBC and the CCR
Title 24
3. The applicant shall obtain necessary permits from San Diego County
Environmental Health Department.
4. The building plans shall be in accordance with the approved plans dated
March 9, 2007, for MCUP 95-02M(3), and on file in the Development
Services Department, along with the conditions contained herein.
5 All entrances shall provide disabled person access to the satisfaction of the
Building Division.
6 The applicant shall comply with the following requirements to the satisfaction
of the Director of Safety Services:
a. Do not exceed the legal occupant load of the tenant space. Post
maximum occupant load sign(s).
b Do not block any exits
. .
Resolution No P-07-249 8 2 9
Page 4
7 The following development fees shall be paid to the Development Services
Department prior to building permit issuance. These fees are currently in
effect and are subject to change.
Sewer
Based on 32 additional students:
(12 qal./student) x (32 students) x $2,356/EDU = $3,618.82
250gal/EDU
Traffic Mitiaation
Based on 32 additional students during the day'
(1.5 trips/student) x (32 students) x ($66 per trip) x (0.25) = $792.00
8. The property owner shall replant the landscape area immediately west of the
easterly driveway new small shrubs and/or plant material to replace
vegetation that has either died or been removed. The material shall be not
exceed two feet in height and shall be subject to the approval of the Director
of Development Services. Groundcover shall also be planted in the front
yard landscape area located east of the eastern curb cut in the area between
Poway Road and the side of Kragen auto parts.
G Upon establishment of the use in reliance upon this Minor Conditional Use Permit,
the following conditions shall apply:
1. The maximum number of students shall be 200 and the maximum number of
employees shall be 20 during any class session.
2. The school may operate anytime within the hours of 7.00 a.m. and 10'00
p.m., provided there is approximately one hour difference between when one
class ends and the next one begins to insure that adequate parking remains
available to business customers and student alike
3 The school proposes to operate in two sessions as noted below, but may
modify the proposed hours to meet changes in their curriculum. Any change
to the schedule shall be provided to the Director of Development Services for
review and approval, to ensure adequate onsite parking.
. Day Session Tues. - Fri. g.OO a.m. to 2:30 p.m.
Sat. g:OO a.m. to 5.00 p.m.
. Evening Session Mon. - Fri. 5:00 p.m. to 10'00 p.m.
. Administrative duties Monday from g.OO a.m. to 5.00 p.m. (No Day
Classes ).*
* Advance Class - one Monday per month from g.OO a.m. - 5'00 p.m.
and limited to 25 students.
. .
Resolution No P-07-24
Page 5 9830
4 Any sign proposed for this expansion shall be designed and approved in
conformance with the Sign Ordinance under a separate sign permit.
5. The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
6 Students and staff shall utilize the rear and east side parking spaces in the
Lively Center before using the parking spaces in the interior of the center to
facilitate customer parking for other businesses in the center
H. The applicants shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1 Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and
City of Poway Ordinance No 64
2. The building shall display their numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches on
the front facade of the building. Building address shall also be displayed on
the roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff's Dept. -ASTREA criteria.
3. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of not
less than 20 feet of unobstructed width, with adequate roadway tuming radius
capable of supporting the imposed loads of fire apparatus having a minimum
of 13'6" of vertical clearance. This 20-foot access width is the minimum
required for Fire Department emerqency access. In most cases, City
Engineering standards will be more restricting. The more restrictive standard
shall apply The Fire Chief, pursuant to the City of Poway Municipal Code,
shall approve the road surface type
4 The building will be required to install an approved fire sprinkler system
meeting P.M.C requirements. The entire system is to be monitored by a
central monitoring company Double detector check valve assembly and
system post indicator valve(s) with tamper switches shall also be monitored
The City Fire Marshal prior to installation shall locate these fire protection
devices.
5 A properly licensed contractor shall install an automatic fire alarm system to
approved standards. System shall be completely monitored by a U.L. listed
central station alarm company or proprietary remote station.
, , . .
Resolution No P-07-24
Page 6 9831
6. Provide a reciprocal maintenance agreement to maintain the fire protection
systems including but not limited to the post indicator valve, swing check
valve, fire department connection and water line leading to each buildings fire
sprinkler riser
7. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A breakaway padlock shall be required
for the fire sprinkler system Post Indicator Valve.
8 Fire Department access for use of fire fighting equipment shall be provided to
the immediate job construction site at the start of construction and maintained
at all times until construction is completed
9 Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
10. Minimum 3AAOBC fire extinguisher required for every 3,000 square feet and
75' travel distance.
11 Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit
man door or shall be located inside an enclosed closet with an exterior access
man door Door shall be labeled with a sign indicating "Fire Sprinkler Riser."
When the closet method is chosen, applicant shall provide 36 inches of
clearance from the standpipe or attached additional risers, accessible by a
3'-0" man door
Section 4. Resolutions No P-95-01 and P-01-01 for MCUP 95-02 are hereby rescinded.
Section 5: The approval of MCUP 95-02M(3) shall expire on June 5, 2009 at 5'00 p.m.
unless, prior to that time, a building permit has been issued and construction on the
property in reliance on the MCUP approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 5th day of June 2007
mk
ane Shea, City Clerk
. , , . .
,-' ' (U
Resolution No P-07 -24
Page 7 98 3 2
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-07 -24, was duly adopted by the City
Council at a meeting of said City Council held on the 5th day of June 2007, and that it was
so adopted by the following vote.
AYES BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES NONE
ABSENT REXFORD
DISQUALIFIED' NONE
~"~~
City of Poway