Loading...
Covenant Regarding Real Property 2007-0642846I y� RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 I (Tl APN: 323 - 203 -20 t # 1117-0642846 IIlII Ii l II II I II II I I II I I I III 1 1 1 1 1 1 II OCT 03, 2007 2:49 PM nFFICIAL RELFIRV S N DIEGO COI_IHT( RECORDER'S OFFILE iGREGOR, J SMITH,000Pl T', RECORDER FEES 4700 PAGES: 14 11111111 HIII Hill IIIII IN Hill HIII Hill Hill Hill Hill Hill Hill Hill 1111 1111 2 0642846 COVENANT REGARDING REAL PROPERTY Robert and Rita DeLue Family Limited Partnership, a California Limited Partnership, PROPERTY OWNER ( "OWNER" hereinafter) is the owner of real property commonly known as 13864 Poway Road, and more fully described as Lot 5 of City of Poway Tract 3971 -R, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 10754 filed in the Office of the County Recorder of San Diego County November 7, 1983. In consideration of the approval of Minor Conditional Use Permit (MCUP) 07 -02 and Development Review (DR) 07 -01, by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions in the attached Resolution (Exhibit A). 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 In the event that MCUP 07 -02 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: Dated: 9 By: Z&e�J A.,P, r R t PeLue (Notarize) By: Rita DeLue (Notarize) CITY OF POWAY Dated: l�l 0 - 7 By: _ pr, ox c tQ.QO Patti Brindle, Interim Director of Development Services MAplanningWreport \ mcupWCUP 07 -02 Breathe FdneWcovenant.doc 7560 6 10 r 7551 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California M J County of ss. �(� 1 t �(J� Crd J On .3'YI , a 1 a�� before me, c)C� ,(._(>\_ V. % U 1 � . 1 � U Date `� Name ad Ne of Ofbcer (e g .��0 . Notary personally appeared ��� � S" U�� Up Nanads) of Signers) A personally known to me ❑ 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 authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. a Place Notary Seal Above � � �v .{ � Signature dif Notary Public OPTIONAL 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 Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑I Individual • Corporate Officer —Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT+THUMBPRINT, OF SIGNEflrti Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): _ • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: RIGHT THUMBPRINT, '`.OF SIGNER LE Il L 0 2004 National Notary Association • 9350 De Soto Ave.. Po Box 2402 • Chatsworth, CA 91313 -2402 Item No. 5907 Reorder.. Call Toll -Free 1-800 "876 -6827 RESOLUTION NO. P -07 -47 75 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 07 -02, AND DEVELOPMENT REVIEW 07 -01 ASSESSOR'S PARCEL NUMBER 323 - 201 -22 WHEREAS, Minor Conditional Use Permit (MCUP) 07 -02 and Development Review (DR) 07 -01 were submitted by Amy and Randy DeLue and RAALI, LLC, for approval to establish a 10,294- square -foot fitness center that will consist of two separate existing buildings totaling 7,969 square feet joined by a ,proposed 2,325- square -foot addition. The subject property is located at 13864 Poway Road, within the Automotive /General Commercial zone and the Poway Road Specific Plan area; and WHEREAS, the City Council has read and considered the Agenda Report for the proposed project and has considered other evidence presented at the public hearing; and WHEREAS, on September 18, 2007, the City Council held a public hearing on the above - referenced item. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1 : The proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, in that the project involves: 1) the addition of less than 10,000 square feet in an area that is not environmentally sensitive, and where all public services and facilities are available; and 2) the re -use of a previous auto dealership and repair site for a fitness center, which will generate less traffic and will provide adequate onsite parking. Section 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for MCUP 07 -02, to allow a fitness center to be established on a property located at 13864 Poway Road, are as follows: A. The proposed fitness center is consistent 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, and the development policies and standards of the City in that fitness center are permitted in the A/GC zone with the approval of an MCUP. B. The location, size, design and operating characteristics of the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses in that operational - related conditions of approval will ensure that the parking needs of the facility can be met onsite. A wall will buffer the use and allow it to be compatible with, and not adversely affect or be materially detrimental to, adjacent uses, residents, buildings and structures. 7563 Resolution No. P -07 -47 Page 2 C. The harmony in scale, bulk,, coverage and density of the proposed fitness center will be consistent with adjacent uses because the California Ranch architectural design of the buildings will be compatible with surrounding structures. D. The proposed fitness, center will not affect existing public facilities, services and utilities at the site. E. The proposed fitness center will not have a harmful effect upon desirable neighborhood characteristics because a buffer wall has been designed 'into the project and additional landscaping will be provided. F. The proposed fitness center will not affect the capacity and physical character of surrounding streets, and the project is consistent with the circulation element of the General Plan in that; adequate onsite parking will be provided, and access to the site will be from Evanston Road and Poway Road, and the capacity of these roads is adequate'to handle any traffic generated by the use. G. The site is suitable for the type and intensity of use, in that fitness centers are allowed in the Automotive /General Commercial zone a Minor Conditional Use Permit, and the size and scope of the facility conforms to development standards. H. There will not be significant harmful effects upon environmental quality and natural resources, in that the site has been previously graded and developed, and contains no native vegetation. There are no other relevant negative impacts of the development that cannot be mitigated. J. The proposed fitness center use 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. K. The proposed fitness center use will comply with each of the applicable provisions of Title 17 of the Poway Municipal Code. Section 3 : The •findings, in accordance with Section 17.52 of the Poway Municipal Code, for DR 07 -01 are made as follows: A. The project is consistent with the Poway General Plan and has been designed to comply with commercial development standards and the Poway Road Specific Plan design, standards. B. The project will not have an adverse health, safety, or aesthetic impact upon adjoining properties in that the proposed addition and exterior building 7564 Resolution No. P -07 -47 Page 3 modifications are in compliance with all City development standards and the Poway Road Specific Plan, and enhanced landscaping will be provided. C. That the project is in compliance with the Zoning and Grading Ordinances in that the project complies with all City development standards. D. That the development encourages the orderly and harmonious appearance of structures and property within the City as the proposed fitness center building is consistent with the California Ranch architectural vernacular for the Poway Road Specific Plan area. Section 4 : The findings in accordance with Government Code Section 66020 for the public improvements are 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 project requires payment of water and sewer fees, which are assessed on.a pro -rata basis Jo finance and provide public infrastructure improvements to promote a safe and healthy environment for the residents of the City. Section 5 : The City Council hereby approves MCUP 07 -02 and DR 07 -01 to establish a fitness center within a 10,294- square -foot building that will consist of two separate existing buildings totaling 7,969 square feet joined by a proposed 2,325- square -foot addition. The subject property is located at 13864 Poway Road, within the Automotive /General Commercial zone and the Poway Road Specific Plan area. The approval is based on plans submitted on July 23, 2007, and is subject to the following conditions: (Planning) A. This approval shall not become effective until the effective date of the Ordinance adopted pursuant to ZOA 07 -05. B. Approval of this Minor Conditional Use Permit and Development Review shall apply only to the subject project and shall not waive compliance with all other Sections of'the.Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. C. 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 Regarding Real Property. D. 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 and residential uses. 7565 Resolution No. P -07 -47 Page 4 E. The terms and conditions of Minor Conditional Use Permit 07 -02 and Development Review 07 -01 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits and the heirs, executors, administrators, successors and assigns of each of them, including municipal corporations, public agencies and districts. F. Minor Conditional Use Permit 07 -02 shall be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved concerns that may have occurred during the past year. G. Any changes increasing the intensity of use of the operation beyond what is being approved shall be considered as a major revision to the Minor Conditional Use Permit and shall require City Council to approve the request. (Engineering) H. If any grading is to exceed 50 cubic yards of earthwork, or if any cut is greater than two feet in vertical depth "and creates a cut slope steeper than 2:1 (two horizontal to one vertical), or if any fill is more than one foot in vertical depth, or if any paving is to exceed 10,000 square feet, then the applicant shall apply for a Grading Permit and submit a grading plan for review and approval to the City Development Services Department. If the above conditions do not apply, then the applicant shall provide certification from a State Registered Civil Engineer indicating the quantity of earthwork involved and pay a $500 inspection fee prior to building permit issuance Prior to Grading Permit issuance, the applicant shall complete the following: 1. A $2,000 sediment and erosion control cash security deposit shall be posted with the City. 2. The applicant shall attend a pre - construction meeting, at which time an Action Plan shall be presented that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for erosion control shall be provided using one-or more of the following guidelines: a. Provide an onsite de- silting basin with a volume based on 3,600 cubic feet per tributary acre drained during any earthwork operations. b. Cover all flat areas with approved mulch C. Install an earthen or gravel bag berm that retains three inches of water over all flat areas prior to discharge, effectively creating a de- silting basin from the pad. 9 • 7566 Resolution No. P -07 -47 Page 5 3. Erosion control, including, but not limited to, de- silting basin(s), shall be installed and maintained by the property owner throughout construction of the project. 4. The site shall be developed in accordance with -the approved site plans and conditions of approval on file in the Developmentl Services Department and the conditions contained herein. 5. Prior to start of any work within City -held easements or rights -of -way, a Right -of Way Permit shall be obtained from the Engineering Division of the Development-Services Department. 6. Construction staking is to be installed and, inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. J. Prior to the issuance of a Building Permit, the applicant shall comply with the following. 1. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. 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. 2. The locations of any new utility boxes over three feet in height shall be noted on the plans, zand screening shall be provided to the satisfaction of the Director of Development Services. 3. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679 -2570. (Engineering) 4. Grading; shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 5. Rough grading is to be completed and _meet the approval of the City inspector and shall include submittal of the following: a. A certification of line and grade for the lot, prepared by the engineer of work. b. A final soil compaction report for review and approval by the City. 0 0 7567 Resolution No. P -07 -47 Page 6 6. The following development fees shall by paid to the City, unless other payee is indicated. The fees and the corresponding amounts are as follows and are subject to change without further notice. The amounts to be paid shall be those in effect at time of payment: a. Water: If the existing water meter is to be replaced by a larger water meter, the applicant shall contact the City's Engineering Division for fee information. b. Sewer: Sewer Equivalent Dwelling Units (EDU) are calculated at 1 EDU per 2,000 square feet (sf) of building area. The existing building contains an, area of 7,969 (sf). The proposed building addition will contain an area of 2,325 sf. 7,969 sf / 2,000 sf = 4.0 EDU's previously paid for this site (7,969 + 2,325 sf) /2,000 sf = 5.2 EDU, or an additional 1.2 EDU's (1.2 EDUs)($2,356 /EDU) = $2,827.20 C. Traffic mitigation = NA d. Drainage = NA e. Park = NA (Planning) 7. The site plan shall show and note all required parking. A minimum of 52 parking spaces shall be provided. All parking spaces within the parking lot shall be double striped. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces, with one van accessible space. 8. The site plan shall show wheel stops for all parking spaces that front any landscape planters or a walkway less than six feet in Width, 9. The site plan shall include signs and markings in the paving to direct one - way traffic along the back of the building. Markings in the paving indicating ,employee parking only shall be provided for the parking spaces along the north property wall. 10. All outdoor lighting shall be shielded or directed so that no light spillage shall encroach into adjoining residential properties, or onto Poway Road and Evanston Drive. After 11:00 p.m. all lighting shall be low- pressure sodium with the overall wattage kept to a minimum in areas closest to the residential neighbors. Automatic timers shall be installed to ensure 0 7568 Resolution No. P -07 -47 Page 7 compliance with the dark sky/low sodium requirement. The maximum height of freestanding light posts shall not exceed 18 feet. 11. Any proposed security lighting shall utilize low- pressure sodium fixtures. The fixtures shall be shielded with well- defined cut -off limits to confine illumination to onsite areas only. 12. Exterior building, materials and finishes shall reflect the approved elevations on file with the City and the conditions of approval, and shall be noted on the building plans to the satisfaction of the Director of Development Service. 13. The building plans shall include elevations and cross sections that show all new roof - mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 14. The existing trash enclosure shall be painted to be consistent with the new building design. 15. Submit landscape and irrigation plans to the Planning Division, for review and approval, consistent with the City of 'Poway Guide to Landscape Requirements to the satisfaction of the Director of Development Services. The landscape and irrigation plan shall identify plant species, sizes, and automatic irrigation for all areas to be planted. A plan check review fee is required at the time of initial submittal of the plans. Based on the preliminary landscape plans submitted on July 23, 2007, the plans shall be revised to address the following: a. Increase the number of trees within the parking lot to provide at minimum one tree for every three parking spaces. Some of the required additional parking lot trees shall be provided along Poway Road. b. Two to three trees shall be provided in the planter along the north property line adjacent to the wall. C. Trees need to be provided in the new planters. 16. All new and existing electrical /communication /CATV utilities, if any, shall be installed underground prior to installation of concrete curbs, gutters and sidewalks and surfacing of the streets. The applicant/developer is responsible for complying with the requirements of this condition, and shall make the necessary arrangements with each of the serving utilities. 0 0 7569 Resolution No. P -07 -47 Page 8 17. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance under a separate Sign Permit. There shall be no wall signs permitted along the east building elevation. 18. The building site plan shall show an 8- foot -high decorative masonry block wall to replace the gate located along the west property line if the 15- foot -wide private road easement serving Assessor Parcel Number 323 - 201 -05 has been vacated. The wall shall match the design of the existing block wall. Clearance shall be provided under the wall to allow proper drainage of runoff within drainage improvements. K. Prior to occupancy, the applicant shall comply with the following fire safety requirements to the satisfaction of the Fire Marshal: 1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 2. The building shall display its 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 Sheriffs t7ept. - ASTREA criteria. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way access roadways with all - weather• driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning 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 emergency 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 proposed addition is to be tied into the existing approved fire sprinkler system, meeting Poway Municipal Code 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. 0 9 7570 Resolution No. P -07 -47 Page 9 6. A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area. If appliances are to be used, other than microwaves, plans are to be submitted and approved prior to installation. 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.ail 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 2A:10BC 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. 12. If the tenant improvement sprinkler addition requires water flow information, a water analysis must be applied for to obtain current information. L. Prior to occupancy, or as otherwise noted, the following shall be complied with: 1. The site of the respective lot shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City Departments will be required. (Engineering) 2. An adequate drainage system around the building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 3. All proposed utilities within the project site shall be installed underground. 4. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to Poway Road and Evanston Drive caused by construction activity from this project. 0 ! 757 Resolution No. P -07 -47 Page 10 (Planning) 5. All landscaping shall be planted pursuant to the Poway Guide to Landscape Requirements and the approved landscape plans. M. Upon occupancy the applicant shall comply with the following conditions: 1. Classes shall be defined as scheduled group activities that take place in either Space A -or Space B, as described on.the attached floor plan. 2. At any given, time, no more than thirty -eight (38) people may participate in class activity. This means that if two classes,are held concurrently, the total combined attendance of both classes may not, exceed thirty -eight (38) participants. Additionally, there will be one instructor (employee) per class. 3. A minimum buffer of thirty (30) minutes shall be required between classes. 4. The six (6) parking spaces located behind the building shall be designated as employee -only parking only. 5. Directional- signs shall be posted along Evanston Drive and Poway Road to direct customers to onsite customer parking spaces. 6. There shall be a sign delineating parking restrictions located in the parking lot. 7. There shall be a sign located in the locker room detailing proper parking areas. 8. The membership contract shall state that parking is prohibited within residential neighborhoods, and violators may face suspension and revocation of their membership privileges. 9. The owners shall make their contact phone numbers and email addresses available 'to the neighbors for easy access in the event of problems with parking. The phone number shall be on file with the City of Poway Development Services Department. 10. Manicures, pedicures, or hair treatments shall not be provided. 11. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards'set forth in this permit. 12. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain' 0 0 7 572 Resolution No. P- 07 -47 Page 11 the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. Section 6 : MCUP 00- 06M(2) for the previous auto service use on this property is hereby void pursuant to Poway Municipal Code Section 17.48.080.6, Lapse of a Use Permit. Section 7 : The approval of MCUP 07 -02 and DR 07 -01 shall expire on Se ptember 18, 2009, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction has commenced on the property in reliance on the MCUP approval prior to its expiration. Section 8 : Pursuant to Government Code Section 66020, 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 September 18, 2007. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 18th day of September 2007. Michael P. Ca(aqfi_q�yor ATTEST: J 4� L. Dia e Shea, City Clerk 7573 Resolution No. P -07 -47 Page 12 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. P -07 -47 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of September 2007, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE < a ce, � / L. Di e Shea, City Clerk City of Poway