Covenant Regarding Real Property 2000-0153982DOC ,, 2000-OlbSVW>'
RECORDING REQUEST BY:
TO:
No Transfer Tax Due
23~6
MAR 28, 2000 8:i~ AH
OFFICIPL
~ I)IE$ COIJNTY REO)I~.R'S OFFICE
6REB]RY J. ~MITH, 08JNTY REOORI)ER
FEES: ~.00
Melencon Corporation, Owner,
, ~ereinafter).
(Exhibit B).
CITY
Dated:
'ty shall be
Dated:
. ~AL~FGRNIA ALL-PURP~SE ACKNOWLEDGMENT
2 17
RENE
WARDEN
person(s), or the entity
2002 ~cted,
ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
Dale
personally appeared
before me ~
RE . WARDEN
2O02
acted,
¥(ies),
~' ~ 23i8
Exhibit A
Parcel A:
filed in th
C
County
1977.
2319
EXHIBIT B
RESOLUTION NO. P- 00-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 99-17 AND
MINOR DEVELOPMENT REVIEW 99-158
ASSESSOR'S PARCEL NUMBER 275-460-54
WHEREAS, Conditional Use Permit 99-17 and Minor Development Review 99-158
request approval to establish an adult day care oF. ' .~ up to 30 clients, utilizing
an existing 2,384 square foot h .5 acre lot located at 12705 Monte Vista Road
in the C Office (CO) zone; and
WHEREAS, oil March 14, 2000, the City Cot~ncil held a du~y advertised public
hearing to solicit from the public, both pro and con, relative to this application;
and the City Council considered the al; :1 item.
NOW, THEREFORE, the City Council does hereby
follows:
Se~ on 1: The City Council finds the project to be categorically exempt pursuant
to Section 15303 (Class 3) of the California E Quality Act because it is the
: a small structure f to another.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code for Conditional Use Permit 99-17 approving the establishment of the adult
day care, are made as follows:
That the location, size, design, and operating ch of the use are in
accordance with the general plan and the zoning ordinance in that Monte Vista
Road contains primarily senior and disabled care facilities which are determined to
be semi-public uses, approvable under a conditional use permit. The one proposed
is substantially smaller in size than th :liately around it.
That the location, size, design, and operating ch ;the adult day care
will be compatible with and will not have an adverse effect or be materially
detrimental to adjacent uses, buildings, because it ' :ted by
like uses. Sufficient onsite parking and a bus for client pickup will be available to
patrons of the facility.
That the location and operating ch of the adult day care will not be
detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the area for the :ed above.
2320
Resolution No. P-00-20
Page 2
That there will be no significant harmful effects upon quality and
natural in that the use will operate within an existing building on a
previously developed site. Th natural areas on the property.
That the g :traffic will not adversely impact the surrounding :l/or
the City's Cimulation Element, in that sufficient onsite parking and busing services
will be provided.
That there are no other relevant negative impacts of the use that cannot be
mitigated.
Section 3: Conditional Use Permit 99-17 and Minor Development Review 99-158,
which will allow ti: ; a house to an adult day care facility at 12705 Monte Vista
Road in the CO zone, is hereby approved subject to the following conditions:
Within 30 days of approval (1) the applicant shall submit in wdting that all conditions
of approval have been read and understood; and (2) the property owner shall
execute a Covenant on Real Property.
The uses conditionally granted by this approval shall not be conducted in such a
to interfere with the reasonable use and enjoyment of th :ling
residential and uses.
The site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the condir :1 herein.
The applicant shall comply with the Poway Municipal Code and the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, Uniform Fire Code, and all other applicable codes and
ordinances.
E. Prior to occupancy, the applicant shall comply with the following:
All conditions of approval contained herein shall be completed to the
sal I the Director of Development S :l Director of Safety
Services.
Roof covedng shall be fire retardant as per UBC Section 3203(e) and City of
Poway Ordinance No. 64.
3. The building shall display th :ldress in a :)le from the
.. M :the building numbers shall be six inches on
2321
Resolution No. P-00-20
Page 3
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 Department ASTREA criteria.
4. The existing t'
a proprietary
./stem shall be inspected and certified by
A Knox security key box shall be required for the building at a location
determined by the City Fire Marshal. The box shall be obtained through the
Fire Department.
Minimum 2A:10BC fire extinguisher is required for every 3,000 square feet
and 75 feet of travel distance.
Any construction changes to the building shall be addressed through the
plan check process.
8. Additional sewer impact
-1 on a per-client basis as follows:
$471.20 based on = 1.2 EDU
2,000 square feet/EDU
1.2 EDU - 1.0 EDU credit = 0.2 EDU @ $2,356/EDU = $471.20
Upon establishment of the use, the following conditions shall apply:
1. Hours of operation shall be limited to 6:30 a.m. to 6:00 p.m. daily.
Th ~er of :1 for at any given time shall be limited
to 30, no more than 10 cfwhcm rnay b "y.
3. N
: parking for eith
rf shall be permitted.
The p :lucting this business shall provide transportation for no less
than 6 persons by way of a facility van which shall be kept available onsite
in ord ' reduction in parking and traffic impacts.
2322
Resolution No. P-00-20
Page 4
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 14th day of March, 2000.
ATTEST:
LoCi Anne Peoples, (,~ty C~lerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
Micha~j
perjury, th(it the above and
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No, P- 00- 20 was duly adopted by the City
Council at a meeting of said City Council held on the 14th day of March, 2000, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
LorilAnne Peoples, City Cl~F~rk
Citylof Poway