Covenant Regarding Real Property 2008-0264749
- - - - \
..
. - -. DOe
2008-0264749 I
I
. ' ,
1111111111111111111111111111111111111111111111111111111111111111111111
F~
RECORDING,REQUEST BY ) MAY 16,2008
IF ) 9:08 AM
CITY OF POWAY )
) OFFIClp,L F:Ecom,s
I ':",:;,N [IIEI:';[I LOUt'irl RECOR[IEFI":, OFFICE
\ CQV\ WHEN RECORDED MAIL TO' ) I:1F:EGOFi", .1 '3MITH [I]UNT'I REDJR[IER
) FEE', IJ.DO
Nf CITY CLERK ) PAGES: 7
CiTY OF POWAY ) ~c~~
POBOX 789 ) 1111I111111111111111111111111111111111111111111111111111111111111111111111111111
POWAY CA 92074-078'9 .)
i' (This space for Recorder's Use)
APN: 317-520A2/ClJP 98-05M(2)
COVENANT REGARDING REAL PROPERTY
Dattaram A. and Gloria 0 Walavalkar, PROPERTY OWNERS ("OWNERS" hereinafter),
are the owners of real property described in Exhibit A, which is attached hereto and made a part
hereof, and which is commonly known'as 13242 Pomerado Road ("PROPERTY" hereinafter).
In consideration of the approval of Conditional Use Permit (CUP) 98-05M(2), by the City of
Pciway ("CITY" hereinafter), OWNERS hereby agree to abide by the conditions contained in the
attached Letter of Approval (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit of the
future owners,encumbrances, successors, heirs, personal 'representatives; transferees arid
assigns of the respective parties.
In the event that CUP 98-05M(2), expires or is rescinded by the City Council at the request
of the OWNERS, 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: ~ \~JONJI~
Dated: S;-~_o~ ByJ'JC~M,,^^
Dattarani 1\. vvalavalkar (Notarize)
OWNER:
Dated: S-'X .- (:,~ BY~~l-~") <\CJ . \~~"S=\J.k{\h )
Gloria 0 Walavalkar (Notarize
Dated: c;/2Io~ By'
velopment Services
M:\planning\opa\cup 98-05m2~growing pJCOV ,doc
O~ -001
-
"
. .
,
3067
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~~~~~2U>~~~
State of California }
County of San Die go
On !fJ/lY t. 200~ before me, Phyllis Shinn, Notary Public
Dol' h "," ,,,,,' N,m, oed Till' 01'" OH""
personally appeared / fJ-r-rA-Rllf'VI f}. WA L/1 VAL r,q-yz /1;7/0
- Name(s} 01 Signer(s)
GLO~/A O. W/iLAVIJ.LkA!<-..
, .
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that
r - - - - - - - - - - - - - - - - - - i ~/~/they executed the same in f'ti!;/hWtheir authorized
. PHYLLIS SHINN . capacily(ies), and that by ~/ttmLtheir signature(s) on the
Commlallon tJ 1778898 instrument the person(s) or the entity upon behalf of
.- Notary PuIltIc . CaIIlamIa I. . .
. "San Dlega Caunty. which the person(s) acted, executed the Instrument.
J.. - - - - ,,~~m~~f1J J I certify under PENALTY OF PERJURY under the laws
of the State oj California that the foregoing paragraph is
true and correct.
nd oHicial S'}!,I-jJ --..",
Signature ~
Place Notary Seal Above
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 at Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capaclly(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporate Officer - Title(s): 0 Corporate Officer - Tille(s):
o Partner - L' Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney in Fact . 0 Attorney in Fact .
o Trustee Top of thumb here 0 Trustee Top of thumb here
o Guardian or Conservator 0 Guardian or Conservator
o Other' 0 Other'
Signer Is Representing: Signer Is Representing:
~~~~'=""~~~~~~~~~~~~~~~~~~~~~~~~~~~
102007 Nationa! Notary Association- 9350 De Solo Ave., PO. Bo~ 2402 .Chatsworlh, CA 9')3132402. www,NalionaINolary.Olg Item #5907 Reorder: CallTolI.Free 1.000.876.6827
'-
,
. . . . .
3068
EXHIBIT "A"
M-02.03
ALL THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING PARCELS 1,2,3 AND
4 OF GRANT DEED RECORDED MARCH 19, 1999 AS FILE NO 1999-0177039 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LAND CONVEYED TO POMERADO UNION
SCHOOL DISTRICT BY DEED DATED MAY 1, 1924, AND RECORDED IN BOOK 751, PAGE
381 OF DEEDS, SAID CORNER BEING A POINT ON THE EAST LINE OF THE NORTH HALF
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14,
DISTANT THEREON NORTH 0023'43" EAST 310.00 FEET FROM THE SOUTHEAST CORNER
OF SAID NORTH HALF, THENCE FROM SAID POINT OF BEGINNING, WESTERLY ALONG
THE NORTI;lERLY LINE OF SAID SCHOOL DISTRICT LAND, NORTH 88041'24" WEST 35.00
FEET TO THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN
DIEGO RECORDED NOVEMBER 16, 1981 AS FILE NO. 360723 OFFICIAL RECORDS AND
BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
NORTHERLY LINE OF SAID SCHOOL DISTRICT LAND AND ALONG THE WESTERLY
PROLONGATION OF SAID NORTHERLY LINE, NORTH 88041'24" WEST 554.98 FEET TO A
POINT THAT BEARS NORTH 88041'24" WEST ALONG SAID NORTHERLY LINE AND THE
WESTERL YEXTENSION THEREOF 589.98 FEET (RECORD 590,00 FEET PER SAID DEED
RECORDED MARCH 19, 1999 AS FILE NO 1999-0177039), THENCE PARALLEL WITH THE
EASTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER,
NORTH 0023'43" EAST 175.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT
'A"; THENCE RETRACING, SOUTH 0023'43" WEST 175.00 FEET AND SOUTH 88041'24" EAST
190.03 FEET TO A LINE PARALLEL WITH AND 190.00 FEET EASTERLY OF THE
HEREINABOVE DESCRIBED PARALLEL LINE, THENCE LEAVING SAID WESTERLY
PROLONGATION OF SAID NORTHERLY LINE ALONG LAST SAID PARALLEL LINE, NORTH
0023'43" EAST 174.56 FEET TO A LINE THAT IS PARALLEL WITH THE NORTHERLY LINE OF
SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND BEARS SOUTH
88033'26" EAST FROM ABOVE MENTIONE:D POINT "A" SAID LINE BEING THE NORTHERLY
LINE OF LAND CONVEYED TO LORRAINE A. YOUNG BY DEED DATED FEBRUARY 13, 1957
AND RECORDED IN BOOK 6488, PAGE 263 OF OFFICIAL RECORDS; THENCE EASTERLY
ALONG SAID PARALLEL LINE AND SAID NORTHERLY LINE OF SAID YOUNG LAND, SOUTH
88033'26" EAST 164.03 FEET TO A LINE PARALLEL-WITH AND 354.00 FEET EASTERLY OF
THE EASTERLY LINE OF LAND CONVEYED TO BEVERLY WARD RIMBACH BY DEED
DATED AUGUST 13, 1957 AND RECORDED IN BOOK 6825, PAGE 254 OF OFFICIAL
RECORDS; THENCE LEAVING SAID NORTHERLY LINE OF SAID YOUNG LAND,
NORTHERLY ALONG SAID PARALLEL LINE NORTH 0023'43" EAST 186.92 FEET TO SAID
NORTHERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 88033'26" EAST 200.93 FEET TO SAID
WESTERLY LINE OF SAID COUNTY LAND; THENCE ALONG SAID WESTERLY LINE,
SOUTH 0023'43" WEST 360,63 FEET TO THE TRUE POINT OF BEGINNING.
.. EXHIBIT B .' 3069
CITY OF POWAY
MICKEY CAFAGNA, May",
BOB EMERY, Deputy Mayor
MERRILEE BOYACK, Counc;lmcmb"
DON HIGGINSON, Councilmcmb"
BETTI REXFORD. Councilmember
March 7, 2008
Datta Walavalkar
The Growing Place
13242 Pomerado Road
Poway CA 92064
Subject: Administrative Minor Modification to Conditional Use Permit (CUP) 98-05M(2), Datta
Walavalkar, Applicant: A request to change the use of an existing classroom from
preschool to elementary education. The subject property is located at 13242 Pomerado
Road, within the Residential Single~Family 3 (RS-3) zone APN: 317-520-42
Dear Mr Walavalkar'
The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as a
Class 22 Categorical Exemption, pursuant to Section 15322 of the CEQA Guidelines, in that the
project proposes changing the use of a classroom from preschool to elementary school, with only
interior 'changes to the building. There is no increase in student transportation.
Section 1: Pursuant to Section 1748.100 of the Poway Municipal Code, an Administrative
Minor Modification to an existing Conditional Use Permit may be approved by the Director of
Development Services if it is determined that the proposed modification would not affect the
findings prescribed in Section 1748070 of the Poway Municipal Code. Therefore, an
Administrative Minor Modification to Conditional Use Permit 98-05M(2), to use an existing building
for elementary education, is approved subject to the conditions below
Section 2: This decision becomes effective on March 17, 2008
Section 3: Pursuant to Government Code' Section 66020, the design and improvements of the
proposed development are consistent with all elements of the Poway General Plan and the Poway
Municipal Code, because all necessary services and facilities will be available to serve this project:
Section 4: The findings in accordance with Section 17 48 070 of the poway Municipal Code
and the implementation procedures for CUP 98-05M(2) to establish elementary education in an
existing classroom building at 13242 Pomerado Road, within the RS-3 zone, are made as follows:
A. The proposed elementary education use is consistent with Conditional Use Permit 98-05M
as approved as approved on May 15, 200,1, per City Council Resolution No. P-01-26. The
existing preschool and proposed elementary school use are an allowable use within the
RS-3 zone, with the approval of a Conditional Use Permit: There will not be an increase in
the number of students attending the school. Therefore, the proposed location, size,
design, and operating characteristics of the proposed use are in accord with the title and
City Hall Located at 13325 Civic Center Drive
Jt:',~ Mailing Address: P.O Box 789, Poway, California 92074-0789 . (858) 668-4400
. . .
3070
Growing Place Montessori School
CUP 98-05M(2)
March 7, 2008
Page 2 of 4
purpose of this Title, the purpose of the zone in which the site is located, the City's General
Plan, and the development policies and standards of the City
B The elementary school use will be consistent with the existing use, and will be compatible
with, and will not adversely affect or be materially detrimental to, adjacent uses, buildings,
structures, or natural resources, in that. the existing preschool has operated on the site for
many years without negatively impacting surrounding land uses, and the proposed
elementary school use will not increase the number of students attending the school nor
modify the operation of the school.
C The scale, bulk, coverage and density are consistent with adjacent uses, in that the
elementary school education will be provided within an existing building and will not
increase the number of enrolled students.
D There are available public facilities, services and utilities because the use will be located in
a development where all necessary facilities are in place.
E. There will not be a harmful effect upon desirable neighborhood characteristics, in that the
preschool has operated compatibly on the site for many years and the operations will not
change with the proposed elementary education.
F There will be no additional traffic generated by the elementary school use, and it will not
adversely impact the surrounding streets and/or the City's Circulation Element, in that the
existing roadways can readily handle the traffic volumes generated by the uses without
impacting the existing level of service
G The site is suitable for the type and intensity of use and development proposed, in that the
private preschool and elementary school have been designed to meet City development
standards for the RS-3 zone.
H. There will not be significant harmful effects upon environmental quality and natural
resources, in that the private preschool has operated on the site for many years and the
proposed elementary school will be conducted within an existing building and will not
change the operation of the site
I There are no other relative negative impacts of the development that cannot be mitigated.
J The impacts, as described above, and the location of the proposed elementary school will
not adversely affect the City of Poway General Plan for future, as well as present
development, in that the RS-3 zone allows for preschools and elementary schools with the
approval of a Conditional Use Permit.
K. The proposed Administrative Minor Modification to Conditional Use Permit 98-05M(2) will
comply with each of the applicable provisions of Poway Municipal Code Section 71 48.070
-
. .
Growing Place Montessori School 3071
CUP 98-05M(2)
March 7, 2008
Page 3 of 4
Section 5: The applicant will comply with the following conditions:
A. Approval of this request shall not waive compliance with the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance. All conditions
from City Council approved Resolution No P-01-26 shall remain in effect.
B Within 10 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
C The applicant shall obtain a Building Permit for the interior modification to the building.
Prior to issuance of a Building Permit, the applicant shall comply with the following:
1 The site shall be developed in accordance with the approved site and floor plans
dated June 25, 2007, kept in the Development Services Department and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
2. 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.
D The applicant shall comply with the following conditions prior to occupancy'
1 The classroom modifications shall be constructed and completed to specifications
included in the file.
2. The landscaping along Leona Lane shall be brought into compliance with the
approved landscape plans to the satisfaction of the Director of Development
Services.
E. Upon establishment of the elementary education use, pursuant to CUP 98-05M(2), the
following shall apply'
1 All landscaped areas onsite, and within the adjacent right-of-way, 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 the health of the trees and to protect the public safety
Unnatural or excessive pruning, including topping, is not permitted.
Section 6: Administrative Minor Modification to Conditional Use Permit 98-05M(2) shall expire
on March 17, 2010, at 5:00 p.m. unless a Building Permit has been issued and construction or use
of the property in reliance on this permit has commenced prior to its expiration.
As part of our on-going effort to improve service and customer satisfaction, enclosed is a Minor
Development Review Application Comment Card and return envelope. Please take a moment to
'-
. . 7
3072
' ,
Growing Place Montessori School
CUP 98-05M(2)
March 7, 2008
Page 4 of 4
fill out the form. Your thoughts and comments will assist us in improving our services. Thank you
in advance for your time.
If you have any questions, please contact me via e-mail at oaudish@ci.powaV.ca.us, or by phone
at (858) 668-4661 or (858) 668-4600 My fax number is (858) 668-1211
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
t:/da IZ ~
Oda Audish, AICP
Associate Planner
c: Engineering Division APN
M:\planning\oda\cup 98-05m2 growing place apprvl.doc