Covenant Regarding Real Property 2001-0051598
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DOC' 20q1 =0051598
RECORDING REQUEST BY:
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JAN
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2001 8:53
AM
CITY OF POWAY
4193
!JfICIAL RECORDS
SAN DIEGO COUHTYREGORDER'S'OFFICE
GREGORV J. SMITH, COUNTY RECORDER
FEES: 34.00
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
John Lively, PROPERTY OWNER ("OWNER" hereinafter) is the owner of real property
described in Exhibit A which is attached hereto and made a part hereof and which is
commonly known as Assessor's Parcel Number 317-101-42 ("PROPERTY"
hereinafter), In considerationofthe approval of Minor Conditional Use Permit (MCUP)
95-02M, a request to expand an existing beauty school into .an adjacent suite, 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, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that MCUP 95-02M expires or is rescinded by City Councilatthe
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
Dated:
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Dated:
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By' _/~~-'// . ~(
Niall Fritz, Director of Dev.elopment Services
OF POWAY
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@1996NallonaINotaryAssociallOn"8236 Remmel Ave P.O; BOll 7184' Canoga Park, CA 91309-7184
Prott No, 5907
Reorder: Call TolI,Free 1-800-876-6827
419~
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ORDER NO
277747-02
EXHIBIT A (LEGAL DESCRIPTION)
All that portion of the Southeast Quarter of the Northwest Quarter of Section 13,
Township 14 South, Range 2 West, San Bernardino 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 89'08'30" West, 459 50 feet to the Southwest corner of land described in
deed to Raymond Hampe, recorjed 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 aI, recorded September 2, 1953 in Book 4974, page 78 of Official
Records; thence along the Westerly line of said Peacock's land, North 01054'00" 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 ai, recorded February 2, 1954 in Book 5128, page 34'5 of
Official Records; thence along the Southerly line of said Peacock's land, North 88'59'00"
West, 247 54 Eeet to the Southwest corner of said land; 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 oE Official Records; thence along the
Northwesterly line of said Caudell's land, South 53'56'00" West, 395 88 ,feet to the
Southwesterly corner thereof, being a point on the Southerly line of said Southeast
Quarter of the Northwest Quarter; thence along said Southerly line, South 89'08'30" East,
695 50 Eeet to the True Point of Beginning
Excepting therefrom that portion lying Northerly 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 89'08'30" 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 01'54'00"
East, 388 00 feet to the True Point of Beginning; thence North 89'08'30" West, 437 45
Eeet to a point on the Northwesterly line of land described in deed to Riley J Lively,
et ux, recorded November 7, 1966 as File/Page No 177168 of Official Records; said point
being distant thereon North 26009'32" East, 75 19 feet from the Northwest corner of said
Caudell's land
Also excepting therefrom that portion lying Southerly, Westerly and Northerly of the
following described line
Commencing at the Southeast corner of the Northwest Quarter of s?id Section 13; thence
along the Southerly line of said Northwest Quarter, North 89008'3011 West, 692 00 feet to
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4196
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Order No
277747-02
LEGAL DESCRIPTION (Continued)
the Southwest corner of land described in deed to Riley J Lively, et UX, recorded
September 24, 1964 as File/Page. No l74937 and recorded November 7, 1966 as File/Page No
l77l68, both of Official Records,; thence along the Southerly line of said Lively's lar:e,
North 89008'30" West, 463 00 feet to the southwesterly corner of said land; thence
Northeasterly along the Northwesterly line of said Lively's land North 36056'44" East,
l79 43 feet; thence leaving said Northwesterly line tne following courses
l South 89008'30" East, 79 l5 feet
2 South 0005l'30" West, l45 00 feet to the center line of poway Road; thence along saie
center line South 89008'30" East, 25 00 feet to the point of beginning; thence leaving
said right of way
3 North 00051'30" East, l45 00 feet
4 South 89008'30" East, 73 9l feet;
5 North 0005l' 30" East, l34 83 feet;
thence North 89008'30" West, 79 79 feet to the Northwesterly line of said Lively's lane
END OF SCHEDULE A
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41 ~X~IBIT B '
RESOLUTION NO, P- 1.01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 95-02M
ASSESSOR'S PARCEL NUMBER 317-101-42
WHEREAS, MCUP 95-02M, submitted by Bonnie Manley, applicant, requests a
modification to a Minor Conditional Use Permit to allow the expansion of an existing beauty
school into an adjacent suite in the Lively Shopping Center in the Town Center zone at
13264 Poway Road, and
WHEREAS, on January 9, 2001, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application,
and
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The City Council finds that Minor Conditional Use Permit 95-02M is
Cat~gorically Exempt from the provisions of the Califomia 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 17.48,070 of the Poway Municipal
Code for MCUP 95-02M 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 otherwise 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 aMinorConditional 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 17.48070 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
stand?rds of the City.
B The location and design of the proposed school expansion will not create a negative
visual impact on surrounding properties since it will not involve any 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.
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4198
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Resolution No, P-OI-Ol
Page 2
C, There will be no exterior changes to the 'building, Therefore, the harmony in scale"
bulk, coverage and density of the project is consistent with adjacent uses,
o There are public facilities, services and utilities available.
E, The proposed beauty school expansiorfwill. 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 gf?neration 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 allows 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 thelimits,ofthe 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 notinvolve any exterior changes to the building, The proposed use
isan 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 detririletltal 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 17 48 070 ofthe Poway Municipal Code.
Section 3: Pursuant to Government Code Section 66020, the public improvements for
MCUP95-02M are to be made as follows:
A, The design and improvements of the,proposed development are consistent with all
elements of the Poway General Plan, as well as City ordinances, because all
necessary services and facilities will be available to serve this project. The payment
of fees toward pUblic improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below'
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4199
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Resolution No, P- 01-01
Page 3
1, The project requires payment of sewer and traffic mitigation fees; which are
assessed on a pro-rata basis to finance and provide public infrastructure
improvements to promote a safe and healthy environment for the residents of
the City
Section 4' The City Council hereby approves MCUP 95-02M to expand an existing
8,169-square-foot beauty school into an adjacent4,920-square-foot suite (fqrmerly the San
Diego County Library) in the Lively Shopping Centerat 13264 Poway Road inthe TC zone,
as shown on the plans dated October 30, 2000, 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.
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 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 may be subject to annual review as 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 The conditions ofMCUP 95-02, as contained inResolution P-95-21, remain in effect
and shall be complied with,
G, 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 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,
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420'0
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Resolution No. P- 01-01
Page 4
2, The site plan shall depict the conversion of the two parking spaces closest to
the street in front of the Kragen Auto Parts store (13272 poway Rd.) into
motorcycle parking spaces, to the satisfaction of the Director of Development
SelVices,
3. The 10-foot x 35-foot loading areas provided in the rear of the shopping
center on the site plan approved.on September 29, 1992 (under CUP 92-04)
shall be depicted on the current site plan,
4 The following development fees shall be paid to the Development SelVices
Department prior to building permit issuance, These fees are currently in
effect and are subject to change:
Sewer
Based on 35 additional students:
(12 gal./student) x-(35 students) - (1,0 EDU credit) x $2,356/EDU = $1,602.08
Traffic Mitiqation
Based on 24 additional students during the day:
(1,5 trip/student) x (24 students) x ($66 per trip) x (0,25) = $594,00
5. The building plans shall be reviewed by the Department of Safety SelVices,
H, Prior to occupancy of the additional space, the applicant shall comply with the
following:
1 The shrubs adjacent to the easterly driveway shall be trimmed to improve
visibility, to the satisfaction of the Director of Development SelVices.
2, The site shall be developed in accordance with the approved plan on file in
the Development SelVices Department and the conditions contained herein,
A final inspection from the appropriate City Departments will be required.
I, Upon establishment of the use in reliance upon this Minor Conditional Use Permit,
the following conditions shall apply:
1 The hours of operation of the beauty school shall be limited to:
Saturday, 8:30 a,m, to 5:00 p.m,
Monday, 5:00 p.m. to 10'00 p,m,
Tuesday through Friday, 8:30 a,m. to 10:00 p,m,
2. Any sign proposed for this expansion shall be designed and approved in
conformance with the Sign Ordiriance under a separate sign permit.
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4201
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Resolution No. P- 01-01
Page 5
3, The applicant shall encourage its students and employees to utilize the
parking spaces to the rear of the center to facilitate customer parking in the
front of the center,
Section 4: The approval of MCUP 95-02M shall expire on January 9, 2003a15:00_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.
Section 5: Pursuant to,Government Code Section66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations. or
exactions imposed pursuant to this approval shall begin on January 9, 2001,
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 9th day of January 2001.
ATTEST
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Lori Anne Peoples, City erk
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4202
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Resolution No. P- 01':01
Page 6
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk ofttieCityofPoway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-OI-Ol ,was dLilyadopted by the
City Council at a meeting of said City Council held on the 9th day of January 2001, and
that itwas so adopted by the following vote:
AYES
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES.
NONE
ABSTAIN.
NONE
ABSENT
NONE
Lo. Anne Peoples. City Cle k
City of Poway