Covenant Regarding Real Property 2005-0290691
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.. . DC. # 2005-0290691
RECORDING REQUEST BY ) 111111111 !IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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CITY OF POWAY ) APR 08 2005 12:33 PM
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WHEN RECORDED MAIL TO: ) OFFICl.o.L RECORC""
) -"C'.I'J [iI[ljl] COur'JT I F:ECOR[It.F:": OFFICE
CITY CLERK lP6 1:J~IECiCiFi( ,I ':;r...1ITH C[lur'JT'1 RECOF:[IEF:
CITY OF POWAY FEE, :::501)
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PO BOX789 l\D?
POWAY CA 92074-0789 11111111111111111111111111111111111111111111111111111111111111111111111111111111
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No Transfer Tax Due ) 1 C00 ;.1005"0290691
APN 314-194-23 10661
COVENANT REGARDING REAL PROPERTY
NO DOCUMENT TFANSFER TAX DUE
Saloma Partners, L.P, 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 314-194-23
("PROPERTY" hereinafter). In consideration of the approval of CUP 82-10M(3), by the
City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions in
the attached Resolution (ExhibitS).
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In the event that CUP 82-10M(3) expires or is rescinded by City Council at the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.,
DatedP~. 2.9.:2e::,S By' )4'\.MPu'\e~
saloJra p-frtners, L.P (Notarize) N
OWNER: :::.1 N E KUT 1-1 1-\A-5~O
Dated: By'
(Notarize)
CITY OF POW AY
Dated: 1. , II) . ~t) By' ,(/~.~
Niall Fritz, Director of De lopment Service
M:\planning\05report\cup\82-10M(3) Poway Country Preschool\covenant.doc
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10662
CALIFORNIA All.PURPOSE ACKNOWLEDGMENT
Stateo! California
County of fu11LD lUJD
On
I personally appeared
Name(s)of Signer(sl
~SOnaIIY,knOWn to rne
I ~----~~-I . proVed.to rne on the basis of satisfactory I
. evidence
j.NoIaIy~'~ i to be the personJ*'whose name~ is!""" I
t san DIli9i> CoUi1Iy f subscribed to the within instrument and I
acknowledged to rne ~ executed
_ _ _ ~?~,L~~1~~_~2,'.:~7 the same in . authorized
capacity(~, and .tnat by ~Oe!f
signature . on the instrurnent the person(sj; or I
the entity upon behalf of which the persooW'
acted, executed,the instrument.
I
1 OPTIONAL
I' Though the information be/ow is not required by law, it may prove va/uab/eto persons relying on the document and could prevent
1 fraudulimtremova/ and reattachment of this-form to another document.
1 Description of AttaChlMeument . ~ D~ {2ea.Q ~
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I'
Title or Type of Docurnent: .. .]\.W - 'rD{dR~
Document Date: ~. iJ>J . ,()) Nurnber of Pages: /.0 .
I Signer(s) Other Than NarnedAbove: I\ASYL!J
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Top-of thumb here
I o Corporate Officer - Title(s):
1 o Partner. - 0 Limited 0 General I
I o Attorney-In-Fact
[ o Trustee
D Guardian or Conservator
o Other'
Signer Is Representing:
I
@ 1999 National Notary Association. 9350 De Soto Ave.. P.O. BOx 2402. Chatsworth. CA 91313 2402 ~'Www,nationelriotary,ofg Prod;'No.5907 Reorder: Call Toll.Free 1.800-876.6827
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10663
Exhibit "A"
All that certain real property situated in the County of San Diego, State of --
California, described as follows'
Portion of the South 185 00 ,feet oft!1e West Half of the West Half of the
Northwest Quarter of the Northeast ~uarter of Section 12, Township 14 South,
Range 2, West, San Bernardino Base and Meridial:l, according to Official Plat
thereof, lying Southeasterly of a line which is parallel with and 51 00 feet
Southeasteriy of the following described line
Beginning at a point on the North and South center line of said Section 12,
distant thereon South 00005' 59"West, 1621.28 feet from the North Quarter
corner of said Section 12, said poInt being on a curve, the center of which bears
South 83005' 09" East, 1800.00 feet from said point" said point having
coordinates N=294,614.894 and E=1,757,827 952 of the California Coordinate
System Grid Zone 6, thence Northeasterly along said curve through a central
angle of 840 17' 32" a distance of 2648.11 feet to a point of tangency with the
North line of said Section 12, distant thereon South 88046' 38" East, 1822.38
feet from said North Quarter- corner of Section 12, said point of tangency having
coordinates N=290,197 814 and E=l,759,652.751 of,said California Coordinate
System Zone 6.
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EXCEPTING THEREFROM that portion lying within the West 135.00 feet of said
West Half of the West Half.
Assessor's Parcel Number: 314-194-23
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EXHIBIT B 10664
RESOLUTION NO P-05-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A MODIFICATION TO
CONDITIONAL USE PERMIT82-1 OM(3)
AND REViSioN TO DEVEt.:OPMENT REVIEW 90-03R
ASSESSOR'S PARCEL NUMBER314-194-23
WHEREAS, Modificationto Conditional Use Permit(CUP) 82-1 OM(3) andRevision
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to DR 90-03R were submitted by Poway Country Preschool: A request to enclose an
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existing courtyard approximately 1,000 squarefeetin area to the Poway Country Preschool
located at 14411 Norwalk Lane within the RS 4 zone and the Old Poway Specific Plan
area, and;
WHEREAS, on March '15, 2005 the City Counctl held a duly advertised public
hearing to solicit commen!sfroni the public, both pro and con, relative to these applications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1. The proposed project is Categorically Ex'~mpt as a Class 1 Categorical
Exemption from the California Environmental OualityAct (CEOA) pursuant to Section
15301 of the CEOA Guidelines, .ihthat the proposed project consists of a minor addition to
an existing preschool and wilLnot'result in an intensification, of the use of the site
Section 2: The finding~, in accordance with Section 1741} 070 of the PowayMunicipal
Code, for Modification to Conditional Use Permit (CUP) 82-10M(3) are made as follows:
A. The proposed location, size, design, and operating characteristics of the private
school is in accord with the title andpurposeo( chapter 17 48 ofthe Poway
MuniCipal Code (Cor;lditional Use Permit RegLJICltions)', the City General Plan, and
the developmenlpoliciesand standards of the City in,that.the site is designated for
residential useanda'private.schooluse is allowed with the approval ofa Conditional
Use Permit.
B The location;,siz~i <tesign, and operating characteristics of the private school will be
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conipatiblewith:and will not adversely affect or be materially detrimental to adjacent
uses, bLiildings'ior structures in that the additional floor area does not result in an
increase the:.number of students or classrooms,
C The proposed $c:tlO01 building will be in sj;al~, bulk coverage and density is
consi~tent w.ith adjacent uses in that the addition is'contained within the existing
building envelope.
0 Ihere are adequate public facilities, services, and utilities available at the subject
site to serve the private school.
. . 10665
Resolution No P-05-19
Page 2
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the private school builqing is in character with existing
development in the area and will not affect, the views of adjacent property owners.
Existing landscaping will compliment and screen the building from the street.
F The generation of .traffic will not adversely impact the capacity and physical
charactefof the surrounding streets and/or the Circulation Element of the General
Plan in that the number of students and classrooms will not be increased
G The site is suitable forthe type ahdiintensity of the proposed development in that the
project is an expansion ofthesqLiare footage of an existing preschool without any
change in the number of students or classrooms.
H. There will not be significant harmful effects upol).environmental quality and natural
resources in thaUhe adcjitionwin consist of enclosing an existing courtyard, and will
not impact .naturalhabitat resources.
I. There is no relevant negative impact of the proposed building expansion.
J The potential impacts, and the proposed location, size, design and operating
characteristics of the private school will not be materially injurious to properties or
improvements in the viCinity, nor be contrary to the,adopted General Plan or the Old
Poway Specific Plan,in that the project is a. floor ;area expansion of an existing
preschool and the 'operating characteristics of the school is appropriate to the
purpose of the zone in which the site is located, and with the approval of a
Conditional Use Permit.
Section 3. The findings, in accordance with Section 17:52 of the Poway Municipal Code,
for Revision to Development Review 90-03R are made as follows.
A. That the addition is'within the footprint of an exi~ting courtyard and does not need
grading. ThereforE); .the proposed use respects the interdependence of land values
and aesthetics to the benefit of the City; and
B That the proposed courtyard en<:;losure Will be accomplished bya new roof structure
that vvillprovide'tlie existing school building With a more orderly and harmonious
appearance, and
C The proposed'preschool addition will maintaiothe public health, safety, arid general
welfare of the surrounding neighborhood; and
D, The prQjed ba;;;beendesigned to minimize impacts on the surrounding community
,QY end6sing:an'existing,courtyard between existing classroom and administrative
buildings',utilizing:anew simplified roof that.will cover the entire building and remove
existingexterioniir-conditioning ducts. The new roofwill use building materialsthat
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Resolution No. P-05-19
Page 3
,are consistent with the farmhouse style called for,as one'oWle architectural styles of
the Old Poway Specific Plan. Therefore, the proposed development respects the
public concerns for the aesthetics of development; and
E. That the new building ,would relate more to the aesthetics and architecture of the
adjoining properties, and
F That the ,proposed preschool addition will cornply with each of the applicable
provisions of the Zoning Ordinance and the General Plan.
Section 4 The City Council herebyapPIovesCUP 82-1 OM(3)/DR 90-03R to enclose an
existing courtyard for a niulticpurposeroom and create a new outdoor patio area at the
Poway Country Preschool located at14411 Norwalk Lane within the RS 4 zone and the Old
Poway Specific Plan area,..as shown on the plans'dated December 6., 2004, subject to the
following conditions:
A. Approval of this CUP shall apply only to the subj~c:;tproject, 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 shallsubmitin writing
tl1at all conditions of approval ,have been read and,understood, and (2) the property
owners shall execute a Covenant Regarding 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 uses.
D The conditions ()f'CUP82-10M(3) and DR 90-09R sl)aJl remain in effect forthe life of
the subject private school, and shall run with. the land aild be binding upon future
owners, successors,.heirs, and transferees of the current property owher
E. CUP 82-1 OM(3) m9ybe subjectto annual review; as determined by the Director of
Development Servic'es, for compliance with the conditions of a'pproval an'd' to
address concerns that may have been raised during the prior year
F Conditions of approvallistedin Resolutions No P-85-73 and No P-90-42, approving
CUP 82"10Ivl and 82-101Vi(2)/DR 90-03,respectiyely; are fully incorporated herein by
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this reference, except that the fence along the north'property line need not be solid
per the'request of the neighbor to the north.
G The:applicant shall obtain. a Building Permit priorto construction of the remodeling of
the existing building. Prior to issuance of a Building Permit, the applicant shall
tomply,with the following:
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Resolution No P-05-19
Page 4
1 The site,shall be developed, in aCG.(Jrdance with the approved plan on file in
the Development Services Department (dated December 6, 2004) and the
co"dltibns contained herein. A final inspection from the appropriate City
Departments will be required
(Building)
2. All new work,:shall comply with the California Code of Regulations Title 24
and the 1997 Uniform Building Code.
3 Provide l;iandicapped Accessible toilets for male and female staff and
students.
(Planning)
4 Details of any new exterior lighting shall be included on the building plans,
including fixture.type,and design. All new exterior lightingfixtl:lres shall be
lowcpressure sodium; and designed such thaHheyreflect light downward and
away from streets and adjoining propertie~ pursuant to Poway. Municipal
Code Section 1t08:220.L. Parking lotlights.shall be on automatic timers to
the satisfactiori of the Directorof Development Services.
5. The building plans shall include elevations and cross sections that show all
roof appurtenances, including air conditioning, architecturally integrated,
screened from 'view, and sound buffered: from adjacent properties and
streets, to the satisfaction of the Director of Development Services.
6 All new utilities shall'be placed underground Upgrading and relocation of
existing overhead electrical services shall be undergrounded.
7 The buildingplans'shall call out building materials, The cupola shall consist
of wood siding.
I. Prior to occupancy, the applicant st;l.all. comply with the following fire safety
requirements" to the satisfaction ofthe Fire Marshal:
1 Roof covering shall be fire retardant asperUBC Section 1503 and 1504 and
City of poway Ordinance No, 64
2. An updated fire alarm system and smoke detectors shall be required.
3 A hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. Plans to be submitted and approved, prior
to installation.
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Resolution No P-05-19
Page 5
4 A 'Knox' Security Key Box shall be reqlJire~ for the l;Juilding at a location
determined by the City Fire Marshal.
5 Minimum 3A.40BC fire extinguisher required for every 3,000 square feet and
75' travel distance.
6 The building shall'displaylheirnumeric.address in a manner visible from the
access:street. Minimum. size of the building, numbers shall.be six'inches on
the frontfa<;:adeof the building.
J Prior to City of Poway approva,lforoccupancy, unless other timing is indicated, the
following conditions shall be satisfied:
(Planning)
1 The applicant shall/epa.ir, tbothesatisfattiofiofthe City Engineer, any and all
damages'to the priv$te road improvements caused by construction activity
from this project.
2. The existing modular classroom buildinglshall'be painted to match the new
building.
3. All new utilities shall be placed underground. Upgrading and relocation of
existing overhead electrical services shall be' undergrounded
4 Existing trees should be trimmed or pruneq;a,s needed todevelop'strong and
healthy trunk and branch systems to tile satisfaction of the Director of
Development Services. Tree maintenance and pruning shall be in
accordance with "/'\merican National Standard for Tree Care Operations"
latest edition (ANSIA300). Trees shall.not.be topped and prufling shall not
remove more'than 25% of the trees' leaf surface.
(public Works)
5 A backflow preventer shall be installed after the water,meter.
K. Uponoccuparl'cy 'of the preschool addition, pursuant to CUP 82-1OM(3), the
following shall apply'
(Planning)
1 Any sigl')s prqposed for the use shall. be designed and approved in
conformance with the Poway Municipal Code Sign Ordinance.
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Resolution No P-05-19
Page 6
2. All facilities and related equipll)ent shaH be mainJained in good repair
Any damage from any cause shaH be repaired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight.
3 Parking lotlighting shall comply with theifollowing:
a. All parking lot .Ifghts. on the school property, except for security
lighting, shall be turned off when no activities occur on the site. Lights
shall.beturnedoff.,no.later than half an hour after the conclusion of an
evening activity
b Security lightin.g is permitted to remain on, provided it has proper
shielding and,does not create glare on adjacent properties.
c. All lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any adjoining
premises.
4 The facility shall be operated in such.a manner as to minimize any possible
disruption caused by noise, and shall comply with the noise 'standards
contained in Chapter 8 08 of the Poway Municipal Code. At no time shall
equipment noisefrom,any source exceecHhe noise standards contained in
the Poway Municipal Code No loudspeaker sound amplification system
shall be used to produce sounds in violation of the Noise Ordinance,
including telephone, electric bell, or chime system.
5 The owner or operator of the facility shallmutinelyand regularly inspect the
site to e~sure compliance with the standards set forth in this permit.
6 All landscaping on-site and within the.adjacent public right7of-way shall be
adequately irrigated, and permanently and fully maintained by the owner at
all tinies in accordance with the requirements of the City of Po way Guide to
Landscape Requirements. The trees shaH be encouraged and ,allowed to
retain a natural form. Pruning should be restricted to maintain the health of
the trees'and.to protect the public safety. Trees should be trimmed or pruned
~s needed to develop str()ng and hei:l1thy trunk and branch systems, Tree
maintenance and pruning shall be in ,accordance with "American National
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'Standard. for Tree Care Operations"latest'edition (ANSI A300). Trees shall
not'be topped and pruning shall not remove more than 25% of the trees' leaf
surface
7 The parking'awas, driveways and landscape areas shall beweH maintained.
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Resolution No P-05- 19
Page 7
Section 5' Tlieapproval of CUP 82"1 OM(3)fDR90~03Rsl']all expire on March 15, 2007,
atSOOp.ri1. unless, prior to thattime, a BLJilding Permit'has been issLJed,andconstruction
on the propertyihi reliance on the CUP approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 15th day of March 2005
ATTEST
X~AtL
L. Diane Shea, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City CI~rk of the City of PoWay, dO',hereby certify under penalty of
perjury that the foregoing Resolution No.f()5-19 Was duly adopted by the City Council at
a meeting of said City Council held on the 15th day of March 2005, and that it was so
adopted by the following vote:
AYES EMERY, REXFORD, CAFAGNA
NOES NONE
ABSENT BOYACK, H1GG1NSON
DISQUALIFIED' NONE X/k ~
L, Diane Shea, City Clerk
City of Po way