Covenant Regarding Real Property 2002-0021496
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RECORDiNG REQUEST BY. ) OFFICIAL RECORDS
) .SAN DIEGO COUNTY RECORDEP'S OFFICE
CITY OF POWAY ) GREGORY ,T.SMItH, COUNTY RECO~:Dm
) FEES: 25.00
WHEN RECORDED MAIL TO: )
)
W CITY CLERK )
, CITY OF POWAY )
7f POBOX 789 )
POWAYCA 92074.0789 )
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No Transfer Tax Due ) (This space for Recorder's Use)
APN ,j~O-L2U.;.U4
I COVENANT REGARDING REAL PROPERTY
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^Q"iilRM" r",.. ^,,'-~ -"-r, PROPERTY OWNEB ("OWNER" hereinafter) is the
owner'of real property described as follows ("PROPERTY" hereinafter):
LotA of City of P6way Tract 86-02R(2), Poway Corporate Center Units 2 and 3, in the
City of Poway, County,of San Diego, State of California, according to map thereof No.
13944, filed in the Office cifthe County Recorder of San' Diego County March 13,2000
In consideration of the approval of CUP 01-14, by the City of Po way ("CITY"
herein?fter), OWNER hereby agrees to,abide by conditions of the attached resolution
(Exhibit B).
This Covenant shall.runwith the land and be binding upon and inure to the benefit
of the future.owners, encumbrancers, successors, heirs, personal representatives,
transferees and assigns of'the respective parties.
In the event that CUP 01-14 expires or is rescinded by City Council at the request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 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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, NORM TUROFF i,,(hi,'Y1L(L i jNotarize)
CITY OF POWAY . L {.
Dated: ! )../1') /:,( BY'~ ~ ~
Niall Fritz, Director of velopment Services
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~?, EXHIBIT B
RESOLUTION NO P~ 01-67
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVI NG-CONDITIONALUSEPERMITO 1-14
ASSESSOR'S PARCEL NUMBER 320-220-04
WHEREAS, CUP 01-14 submitted by Glenn and Susan Wilson, GTC Academy,
applican!s, request a Conditional Use Permit to operate a gymnastics school within an
existing building located at 13007 Kirkham Way within Light Industrial zone of the South
Poway Planned Community, and
WHEREAS, on December n, 2001, the City Council held a cjuly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application,
and
NOW, THERE"FORE, the City Council does hereby resolve as follows:
Section 1: The City Council finds that Conditional Use Permit 01-14 is exempt from
CEQA, Section 15301, Class 1, Existing Facility, as the proposed use will be conducted
wholly within an existing facility and the use is permitted within the South Poway Specific
Plan.
Section 2: The findings, in accordance with Section 17 48.070 of the Poway Municipal
Code for the GTC Academy, CUP 01-14, to operate 8gymnastics school within an existing
building located at 13007 Kirkham Road, are made as follows:
A. That the project is consistent with the South Poway Specific Plan and the Poway
General Plan in that- new recreational facilities are permitted within the Light
Industrial land use designation of the South Poway Planned Community zone with
the approval of a Conditional Use Permit.
B That the location, size and design and operating characteristics of the use will be
compatible with and will not adversely affect or be,materially detrimental to adjacent
uses,residents, buildings,structures, or natural resources, in that the use will locate
within'an existing industrial building and the majority of the peak use of the facility
will be offsetfromthe regular peak hours of the South Pbway Business Park.
C That the scale, bulk, coverage, and density iS,consistent with adjacent uses, in that
the usewill be ,located within an existing building and the use of the facility occurs
during scheduled classes and events.
D ThaUhereare available'public facilities, services, and utilities to serve the facility in
that the site is developed and is served byexistihg public facilities and utilities.
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Resolution No P"01-67
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E, That,the generatiqn of traffic will not adversely impact the surrounding streets and/or
the CitY's C[rculC3tiR~Element in thaHhe traffic'volu'fnes generated by the use can
be reaaily handled by the existing roadways, without impacting the existing level of
service and thatthe hours of operation'areToffset from the peak period of use for the
commercial and industrial uses of the South Poway Specific Plan.
F That the site is suitable for the type and intensity'of'use and development proposed
in that the proposed use wquld be located within a specific area of the existing
building and all of the uses are accommodated within the structure,
G That there are no 'other relevant impacts of the proposed use that cannot be
mitigated
H That the impacts, as described above, and the location of the proposed gymnastics
facility will not adverselyaffectthe City of Po way General Plan for future as well as
presentdevelopmeht, in thatthe South PowaySpec;ific Plan allows recreational use
at this location with the approval of a Conditional Use Permit.
Section 3, The City Council hereby approves CUP 01-14 for the operation of a
gymnastics facility occupying 1'3,300 square feetofan industrial building at 13007 Kirkham
Way in the Light Industrial zone of the South Poway Planned Community, subject to the
following conditions:
A. Approval. of this CUP request shall apply only to the subject project and shall not
waive cornpliancewithallsections of the Zqning'Ordinance and all other C!Pplicable
City Ordinances in effect at the time of Building Permit issuance.
B Within 30',daysof the,date"of this approval: (t) 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 RealProperty
C The use conditionally manted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
industrial uses.
D The conditions of CUP 01-14 shall remain in effect for the life of the subject project
and shall run with the land and be binding upon future owners, successors, heirs,
and transferees of the, current property owner:
E. CUP 01-14 may be subject to annual review as determined by the Director of
Development Services, for compliance with, tl;}e conditions of approval and to
address concerns that may have been raised during the prior year
F The applicant shall obtain a Building Permit prior to installation of interior tenant
improvements. Prior to issuance of a Building Permit, the applicant shall comply
with the following:
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-1 Resolution No. P-01-67
Page 3
1, Theapplicantishall 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. PursuanHo S.ection 17 30,020.D ofthePoway Municipal Code, the applicant
shall submit building plans that reflect the proposed interior tenant
imprqvernentsfor cOnformance with the applicable South Poway Specific
Plan standards.
3 The applicant shall meet all building and. fire code requirements for A2.1
occupancy to the satisfaction of the Fire -Marshal.
4 Theapplitant shall obtain an annual permit from the Fire Marshal to operate
assembly 6ccupEmcy with an occupant load over 99 persons.
5 The followinggevelopment fees shall be p<aid to the Engineering Services
Division.
Sewer' 6 10 EDU's were previously assigned to the parcel:
GTC Academy' (12 Qal/students) x60 students = 2.8 EDU's
250 gal/EDU
Advanced EDM 21 ,822 sf =3 64 EDU's
6,000 sf/EDU
Total Sewer Fee = (6 52 - 6 10) x $2,356 =$ 989,52
Traffic Mitiqation:
1.5 trip/student x 60 students x $66 per trip x 0,25 = $ 1,485 00
Credit warehouse use
(6 trips/1 ,000 sf13,40'00 sf $66/trip x 0.25) = ($1,330 56)
Total Traffic Mitigation Fee = $1,48500 - $1,330.56 =$ 154;44
G Prior'to gbtl'liriing a final inspection on the Building Permits, the applicant shall
comply with the following:
1 The site shall be developed in accordance with the approved plan on file in
the DevelopmentServicesDepartment and the conditions contained herein.
A final' inspection from the appropriate City departments will' be required
. . Resolution No P- 01-67
Page 4
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2. The applicanLshall, enter into a written agreement for the shared parking
arrangements:with the property,owner to insure adequate, off-street parking
for special events held at the facility Thefornn and contenroftheagreement
shall be to thetsatisfaction of the Director of Development Services.
3. Any and all signs snail be designed and'tapproved in conformance with the
City's sign ordinance, All proposed signage shall be submitted to the
Planning Division for review and approval prior to installation.
H. Upon occupancy, the following conditions shall apply:
1 Adequate parking shall be provided onsitedUring hours of operation. Should
the Director of Development Servicesd~termine additional parking is
needed, the applicant/property owner shall construct additional parking
spaces onsite and/or enterinto a shared pafking agreement with an adjacent
property owner to meet the parking demand to the satisfaction of the Director
of Development Services. Prior to Building Permit issuance, the
owner/applicant shall submit a written agreement to this condition.
Section 4: The approvaloLMCUP 01-14 shall expire on December 11, 2003, at 5'00
p.m. unless, 'prior to that time, the use has been estal:Jlished and occupancy within the
facility in reliance on the CUP approval has commenced prior to its expiration.
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/1 Resolution No P-01-67
Page 5
PASSED, AOOPTED and APPROVED qy the City Council of the City of Poway,
State of California, this 11th day of December 2001
ATTEST ' ':'\
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Stierrie D Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D Worrell,Deputy City ClerkoftheCity of Po way , do hereby certify, under
the penalty of perjury, that the foregoing Resolution No, P- 01-67 ,was duly adopted by
the City Council at a meeting of said City Council held on the 11th day of December 2001,
and that it was so adopted by the following vote:
AYES GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN: NONE
ABSENT EMERY
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Sherrie D Worrell, Deputy City Clerk
City of Poway
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