Covenant Regarding Real Property 1992-0768313
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01-UEC-1992 08:18
AM
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CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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SAN DIEGO COUNTY RECORDER'S OFFIce
ANNETTE EVANS, COUNTY RECORDER
RF: 14.00 FEES:
AF: 23. 00
MF: 1. 00
38. J'
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
Cfhis soace for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
North American Trust Company ("OWNER" hereinafter) is the owner of real property described in
Exhlbn A which Is attached hereto and made a part hereof and which is commonly known as Assessor's
Parcel Number 317-670.71 ("PROPERTY" hereinafter). In consideration of the approval of Condnional Use
Permn 92-05 by the City of Poway ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefn
of the CITY, to abide by condnlons of the attached resolution (Exhibn B).
This Covenant shall run with the land and be binding upon and inure to the benefn of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Condnional Use Permn 92-05 expires or is rescinded by Cny Council at the request
of the OWNER, CITY shall expunge this Covenant from the record tnIe of the PROPERTY.
If enher party is required to incur costs to enforce the provisions of this Covenant, the prevailing
party shall be entnled to full reimbursement of all costs, including reasonable attorneys' fees, from the other
party. The CITY may assign to persons Impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER. () L.. ',) _, . L _ '\1 j _ /. (,
Dated: 11- I 't3 -1>, r:i.J!J!J ~ / VLa.Jvf-U- LL--l
North American Trust Company "772 U<!i'..,r- O~t!!.F4I!
OWNER (Notarize)
Dated: 1~.lr9L
CITY OF POWAY
By~ok,d~
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Parcel 1 of Parcel Map No. 16904, in the City of Poway, County of
San Diego, State of California, recorded July 16, 1992
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en this the day of 1.9 _, before lie, *
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the undersigned ~tary Publ.ic, personaUy appeared
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t1 personally known to lie
t1 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) subscribed
to the within instrument, and acknowledged that
executed it.
WITNESS my hand and official seal.
· Notary's Signature *
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en this the day of 19 _, before lie, *
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the undersigned Notary Public, personally appeared
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t1 personally known to me
t1 proved to me on the basis of satisfactory evidence
to be the person (s) who executed the wi thin inst.rument
on behalf of the partnership, and acknc:lil11edged to me that
the partnership executed it.
WITNESS my hand and official seal.
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* state of ...!D1:st.fr ^ ( ~
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en this the ~ day of NovehLbIA 1.9'1d-, before lie, *
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the undersigned Notary Public personally appeared *
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t1 proved to lie on the basis of satisfactory evidence to
th person(s) who executed the within instrument as *
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therein named, and ledged to lie that the corporation *
executed it.
WI hand and offici
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778
RESOLUTION NO. P-92-54
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 92-05 AND
DEVELOPMENT REVIEW 92-06
ASSESSOR'S PARCEL NUMBER 314-670-71
WHEREAS, Conditional Use Permit 92-05 and Development Review 92-06,
submitted by Don McLean, applicant, and North American Trust company, owner,
request approval to construct a 7,200 square foot day care center located at the
southwest corner of Pomerado Road and Camino del Norte in the RS-4 zone; and
WHEREAS, on October 20, 1992, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
The City Council finds that this project will not have a significant
adverse impact on the environment and hereby issues a Negative Declaration
with mitigation measures as contained in the conditions of approval.
Section 2: Findinos:
Conditional Use Permit 92-05
1. The proposed project is consistent with the existing general plan.
2. That 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; in that the site is
generally separated from adjacent single-family residences by
slopes, roadways, and ut ility easements. The appl i cants have
purchased the one single-family residence which is directly adjacent
to the site. Natural resources are not impacted because the site
has been previously graded.
3. That the scale, bulk, coverage, and density is consistent with
adjacent uses, in that all development standards of the Zoni ng
Ordinance are met, in that the project will meet the applicable
property development standards for off-street parki ng, setbacks, lot
coverage, and building height.
4. That there are available public facilities, services, and utilities
to serve the proposed use as all facilities and services can be
provided for through the conditions of approval.
5. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the project is designed to complement the
adjacent commercial and residential development and the building
incorporates architectural details that give it the appearance of a
residence rather than a commercial/semi-public structure.
779
Resolution No. P-92-54
Page 2
6. That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element in that
the traffic study submitted for the project concludes that levels of
service will not be altered in any significant way.
7. That the site is suitable for the type and intensity of use and
development proposed in that the proposed project will function as
a transitional use between the busy intersection and commercial
development to the east and north, and the single-family uses
located to the west.
8. That there will not be significant harmful effects upon the
environmental quality and natural resources because the site has
been previously graded and no significant resources presently exist
on the property.
9. That there are no other relevant negative .impacts of the proposed
use that cannot be mitigated.
10. That the impacts, as descri bed above, and the 1 ocat i on of the
proposed use will not adversely affect the City of Poway General
Plan for future as well as present development in that the General
Plan allows day care centers in the single-family residential zones
subject to conditional use permit approval.
Develooment Review 92-06
1. That the proposed development is in conformance wi th the Poway
General Plan, in that the General Plan encourages uses such as day
care centers, which are supportive to surrounding residential uses.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or archi tectura lly rel ated impact upon adjoi ni ng
properties, as noted under the findings in the preceding section.
3. That the proposed development is in compl iance with the Zoning
Ordinance, in that all development standards will be met in
development of the project.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City because it
complies with the design guidelines of the General Plan and proposes
buildings that are similar in scale and architectural style to other
commercial and residential structures in the vicinity.
Section 3: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 92-05 and
Development Review 92-06 subject to the following conditions:
1. Within 30 days of approval (a) the applicant shall submit in writing
that all conditions of approval have been read and understood; and
(b) the property owner shall execute a Covenant on Real Property.
.80
Resolution No. P-92-54
Page 3
2. The use conditionally granted by this permit shall not be conducted
in such a manner as to interfere wi th the reasonable use and
enjoyment of surrounding residential and commercial uses.
3. This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the
past year. If the permit is not in compliance with the conditions
of approval, or the Pl anning Services Department has received
complaints, the required annual review shall be set for a publ ic
hearing before the City Council, to consider modification or
revocation of the use permit.
4. The day care center operator will schedule no more than one-half of
the children for outdoor play at any given time and will work with
neighbors to resolve any issues which may arise.
5. The day care center will not operate on weekends but may utilize the
building for occasional special events.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING coMPLIANCE
WITH TKE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request 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.
4. School enrollment shall be limited to 144 children.
5. A six to seven foot high spl it-face block sound attenuation wall with
pilasters in a color complementary to the exterior stucco, shall be
constructed around the project's outdoor play areas as shown on the plans
on file in the Planning Services Department. The wall shall be seven foot
high for sections where the pad elevation is less than two feet higher
than the adjacent roadway elevations.
6. The parking layout shall be revised to accomplish the following:
a. Provide a minimum of 30 spaces.
b. Eliminate the parking space closest to Adobe Ridge Road on the west
side of the driveway.
c. Provide for one-way traffic flow in a counter clockwise direction
with a minimum aisle width of 20 feet.
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Resolution No. P-92-54
Page 4
7.
Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
8. The applicant shall comply with 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 in effect
at the time of building permit issuance.
9. For a new commercial development, the applicant shall pay development fees
at the established rate. The following fees, including, but not limited
to, school fees, traffic mitigation, drainage, water base capacity, sewer
connection, sewer cleanout, and sewer inspection fees, sewer line charge,
shall be paid prior to bUilding permit issuance. The City acknowledges
that the applicants have already purchased four EDUs of sewer capacity in
their subdivision of lands located at the northeast and southwest corner
of Cami no del Norte and Pomerado Road. The City wi 11 cred i t the
applicants with the present ownership of said EDUs as if purchased at the
time of issuance of building permits for improvements on any of the lots
created and developed by the applicants.
Permit and Plan Check Fees shall be paid upon submittal of a grading plan.
10. Building .identification and/or addresses shall be placed on the new
buildings so as to be plainly visible from the street or access road;
color of identification and/or addresses shall contrast with their
background color.
11. This approval shall become null and void if building permits are not
issued for thi s project withi n two years from the date of project
approval.
PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall consist of a mlnlmum of one 15 gallon
size tree for every three spaces. For parking lot islands, a minimum 12
inch wide walk adjacent to parking stalls shall be provided and be
separated from vehicular areas by a six inch high, six inch wide portland
concrete cement curbing.
2. Any parking lot lights shall be low. pressure sodium and have a maximum
height of 18 feet from the finished grade of the parking surface and be
directed away from all property lines, adjacent streets and residences.
3. All parking spaces shall be double striped with a minimum inside dimension
of 8.5 x 18.5 feet.
LANDSCAPING
1. Planting on the slopes above the day care center will be "low profile"
species that will not block views.
2. A detailed landscape and irrigation plan shall be submitted to and
approved by the Public Services Department and Planning Services
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Resolution No. P- 92-54
Page 5
Department pri or to the issuance of buildi ng permits. Areas to be
landscaped by the developer shall include the 50 foot open .space buffer
along Camino del Norte and the new off-site slope as well as on-site areas
shown on the plans. The number of trees and shrubs shown in the concept
plans shall be increased in order to meet the City of Poway Landscape
Guidelines and conform to established landscape themes along Twin Peaks
Road and Pomerado Road.
3.
Existing on-site eucalyptus trees
shall be trimmed and/or topped.
dangerous trees shall be approved
Planning Services Department.
4. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway ordinance and shall be planted at an
average of every 30 feet on interior streets and 20 feet on exterior
streets.
shall be retained where possible and
Any dead, decaying or potentially
for removal at the discretion of the
5. The project shall be annexed into Landscape Maintenance District (LMD) 83-
IB at 5.4 units. Assessments at this rate for FY92-93 are $211.02 per
unit. Assessments are subject to change each fiscal year.
6. The applicant shall complete LMD improvements on the north side of the
site. The landscaping on the east side of the project is the
responsibility of the developer.
7. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
RECREATION
The developer shall pay the Park Fee at the established rate at the date
of final inspection, or the date of the Certificate of Occupancy,
whichever occurs later.
ADDITIONAL APPROVALS REOUIRED
1. Working drawings shall include a certification by a recognized acoustical
expert that the requirements of the City of Poway's noise .ordinance will
be met.
2. At the completion of construction, and prior to occupancy, interior and
exterior CNEL shall be determined by field testing at developer's expense.
Tests to be conducted by a recognized acoustical expert. No occupancy
permits shall be granted until Condition G-7 is met to the satisfaction of
the Building Code (latest adopted edition) "Sound Transmission Control".
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING.
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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Resolution No. P-92-54
Page 6
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
BUilding Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work at first submittal of grading
plan.
3. A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
4. The final grading plan, prepared on a standard size sheet, shall be
subject to review and approval by the Planning Services and Engineering
Services Departments and shall be completed prior to issuance of a grading
permit .
5. A pre-blast survey of surroundi ng property shall be conducted to the
satisfaction of the City Engineer prior to any rock blasting. Seismic
recordings shall be taken for all blasting and blasting shall occur only
at locations and levels approved by the City Engineer.
6. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
7. A final compaction report shall. be submitted and approved prior to
issuance of building permits.
8. Site grading shall be certified by the project civil engineer prior to
issuance of building permits.
9. If pad elevation increase by greater than two feet .in height from those
approved on the tentative map, City Council approval will be required.
10. Non-supervised nor non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations and recommendations and grading plans.
11. Erosion control, including, but not limited to desiltation basins, shall
be installed. The developer shall make provisions to insure the proper
maintenance of all erosion control devices throughout their intended life.
12. The top of the manufactured slope located on the City property west of the
subject parcel shall not devi ate more than fi ve feet from the 1 imits of
grading as depicted on the conceptual grading plan on file in the Planning
Services Department.
STREETS AND SIDEWALKS
1. All Circulation Element roads shall be dedicated and improved to
Ci rcul at ion El ement road standards and to the speci Hcat ions of the
Director of Engineering Services.
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784
Resolution No. P-92-54
Page 7
2.
Street improvements that include, but are not limited to:
---XL Sidewalks
--XL Driveways
--XL Wheel chair ramps
XX Curb and gutter -
_____ Cross gutter
Alley gutter
Street paving
Alley paving
shall be constructed prior to the occupancy of the units to the
satisfaction of the Director of Engineering Services.
3. The developer shall pay the Traffic Mitigation Fee at the established rate
prior to building permit issuance.
4. Street improvements and maintenance shall be made in accordance with City
standards.
5. Prior to any work being performed in the public right-of-way, a right-of-
way permit shall be obtained from the Engineering Services Department and
appropriate fees paid, in addition to any other permits required.
6. All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced prior to occupancy to the satisfaction of
the Department of Engineering Services.
7. The existing driveway shall be removed and relocated as shown on the
plans.
UTILITIES
1. The appl icant shall pay for a water system analysis to establ ish the
proper size and location for the public water system and fire sprinkler
system. The amount shall be paid upon first submittal of the grading
plan.
2. The appl icant shall, within 30 days after receiving approval of the
conditional use permit and development review apply for a Letter of
Availability (LOA) to reserve seven EDU's of sewerage availability and
post with the City, a nonrefundable reservation fee equal to 20% of the
appropri ate sewerage connection fee in effect at the time the LOA is
issued.
3. Water and sewer main lines and appurtenances that will be installed at
locations other than within publ ic streets shall have an easement, a
minimum of 20 feet wide, dedicated to the City of Poway. Multiple
parallel facilities will require additional easement width for on-site
facilities. Dedication shall be offered by separate instrument recorded
prior to bUilding permit issuance..
4. All public utility lines (i.e., water, sewer, drainage) not located within
public streets shall have an improved access over and along the respective
easement, the surfacing, width, and location shall be acceptable to the
City Engineer.
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Resolution No. P-92-54
Page 8
APPLICANT SHAll CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOllOWING CONDITIONS: .
I. Roof covering shall be fire retardant as per UBC Section 3203(e) 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.
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 turning radius capable of supporting the imposed loads of fire
apparatus having a minimum of 13'6" of vertical clearance. The road
surface type shall be approved by the City Engineer, pursuant to the City
of Poway Municipal Code.
4. The building will be required to install an approved fire sprinkler
system. The entire system is to be. monitored by a central monitoring
company. System post indicator valves with tamper switches, also
monitored, are to be located by the City Fire Marshal prior to
i nsta 11 at i on.
5. One new on-site fire hydrant is required. The location of the hydrant
shall be determined by the City Fire Marshal. Approximate location will
be at the driveway entrance from Adobe Ridge Road to serve the new Fire
Sprinkler System.
6. An automatic fire alarm system shall be installed to approved state and
local standards. System shall be completely monitored by a U.L. listed
central station alarm company or proprietary remote station.
7. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A "Knox" padlock shall be required
for the fire sprinkler system Post Indicator Valve.
8. Prior to delivery of combustible building material on site, water systems
shall satisfactorily pass all required tests and be connected to the
publ ic water system. In addition, access roadways .shall be in place to
provide adequate, permanent access for emergency vehicles. The final lift
of asphalt shall not be installed until all other construction activity
has been substantially completed to the satisfaction of the City.
9. Fi re Department access for use of fi re fight i ng equi pment shall be
provided to the immediate job construction site at the start of
construction and maintained at all times until construction is completed.
10. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
786
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Resolution No. P- 92-54
Page 9
GENERAL REOUIREMENTS AND APPROVALS
Prior to occupancy, all dedications shall be made and easements granted as
required above, if any.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 20th day of October 1992.
ATTEST:
C:' Go
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Marjorie K.
K :::l':t...--ld<--
Wahlsten, City Clerk
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. P-92-54
, was duly adopted by the City Council at a meeting of said City Council
held on the 20th day of October , 1992, and that it was so adopted
by the following vote:
AYES: EMERY, HIGGINSON, MCINTYRE,SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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JJ,I1V\.t-:"" ~ ;1ja..l--d:L...-
Marjorie K. Wahlsten, City Clerk
City of Poway
REPORT\CUP9205.AES