Covenant Regarding Real Property 2001-0668909
. noc _ 2001-0668909
RE'CORDING REQUEST BY: ) SEP 18. 2001 8:10 AM
) 3091 OfFICIAL RECORDS
CITY OF POWAY ) ~ DIEGO COUNTY ~CORDER:S OFFICE
) GREGORY J. SMITH, COUNTY RECORDER
WHEN RECORDED MAIL TO: ) FEES:' 28.00
)
CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAYCA 92074-0789 )
)
No Transfer Tax Due ) (This space for Recorder's Use)
I~J COVENANT REGARDING REAL PROPERTY
6\
Poway Library Plaza LLC, Property Owner ("OWNER" hereinafter) is the owner
of real property desc~ibed in Exhibit A which is attached hereto and made a part hereof
and which is commonly known as Assessor's Parcel Numbers 317-101-09, 317-101-1'0,
and 317-101-31 ("PROPERTY" hereinafter). In consideration of the approval of CUP
01-06 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by
conditions of the attached Resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the
benefit of the"future,owners,encutnbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In theeveht that CUP 0,1':06 expires or is rescinded qy CityCouncili at the
request of OWNER CITY shall expunge this Covenantfrom the record title of
PROPERTY
In the event of litigation to enforce the provisiol1sqt:thisCovenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party
OWNER:
Dated. q/JI/O I By'
r , (Notarize)
'1~5I1ek
CITY OF POWAY #1~/,'". /Jte..",b-(e.-
Dated: ql"'llo I By" p~ ~~
.
Niall Fritz, Director of Development ervices
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CALiFORNIA AI.,l,;_,PURP : ACKNOWLED_GMENT
State 6f Ca\l~i-.\""""" 3092
County of Sl\'" D, :5'0
onSef~""Wl"" \ \ J ).1')01 before me, f\iztlbR+h f: DRqh. hcsh~bll'c.
Dale . Name and Ti.lle of Qlfrcer,(e.g.. "Jane Doe.'NOuir'y Publicj I
personally appeared \'iW\ll~ ble lS59..Q..(L -
Nam (s) 0' Signer(S)
o personally known to me - OR - E'J'$roved to me on the basis of satisfactory evidence to be the person~)
whose'name(~is/a-FQ:.subscribed to the within instrument
and ackno,,!ledged to me that he/~Re/t~I1~' executed the
same in his/"er.'t~,Qir authorized capacity(i6s}, and that by
his/hsrlth"ir <ignature{s) on the instrument theperson(s),
or the entity upon behalf of which the person(s) acted,
Ii ~.BH.~~-I executed the instrument.
_ Commlsslon /I 1256279 ' WITNESS my hand and official seal.
J NoIayPllblk:-cciIIainla I,
j . Sa! CMegoeamtt f ~~"~
' MyComriU:lrp!,jBA,i7.2lID4 '
-_.-.- -. ----
OPTIONAL
Though the information below, is nOf required bYJaw, it maypr6vevaluable,lo persons,'relying on the document ana could prevent
fraudulenf removal"and,reattachment of this form:to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer!s Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
litle(s): litie(s}:
o Partner - 0 Limited 0 General [] Partner- 0 Limited 0 General
o Attorney-in-Fact o Attorney-in-Fact
o Trustee [] Trustee
o Guardian or :Conservator [] Guardian or Conservator
o Other' Top 01 thumb here o Other' Top of thumb here
Signer Is Representing: Signer' Is Representing:
Q 1994 National Notary Association' 623IFRem~e"AYe.: P.Q.Bo1 7164' Canoga Park, CA 91309-7164 Prod, No 5907 Reorder: Call Toli-Free \-800-876-6/327
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309:3
EXHIBIT "'A"
All that portion of the Southwest Quarter of the Northwest Quarter ,of Section 13, Township
14 South, Range.,2 West, San Bernardino Meridi~, in the City of Poway, County of San
Diego, State of California, according to Official Plat thereof, described as follows:
Commencing at the Southeast COTII~r of said Southwest Quarter of the Northwest Quarter;
thence along the Easterly line of said "Quarter, Quarter North 01040'30" East, 50.00 feet to
a point on the Northerly boundary of the public road known as Poway Road R.S. 944 and
R.S. 1713-1; thence continuing along ~d Easterly lineNorthOl~40'30" East, 150.00 feet
to the Northeast comer of the land"described in deed to Pomerado County Wat~r District,
recorded September 4, 1970 as File No 165188 of Official Records;' thence along the
Northerly line of said land, North 89008'30" West, l00~OO:feet;to the True'Point of
Beginning; thence retracing South 89008:30" East, 100.00 feet t01the 'Easterly line of said
Southwest Quarter of the Northwest'Qulllter; thence along said Easterl'y line, North
01040'30" East, 190.0~ feet to a po,irit o~n .the Southerly boundary of Heritage Hills Unit
No.4, according to Map there()r~o; 6486, fIled in the Office ofthe County Recorder of
San Diego County, September 23, 1969; thence along said:Southerly boundary North
89008'30" West, 482.41 f~t to a point on the Easterly botindliry of the public road !mown
as Tarascan Drive; thence along s;iid Easterly boundary South,OI 033'47" West, 319.76 feet
to the begiJ:rningof a tangent 20~00 f09! radius curve, c()~ncave Northeasterly; thence
~ '
Southerly, Southeasterly ;mdE:a,sterly along the arc of said curvMhrough a central angle of
90042'17" a distance of 31.66 feet toa point on the Northerly boundary of said Poway
Road, thence along said bounclary ~outh 89008'30" East, 361,41 feet to the Southwesterly
corner of said Water District limd, arid a line which bears South 01040'30" West from the
. ." ..'" --- . --
True Point of Beginning; thence North 01040'30" East, 150.00 feet to the True Point of
Beginning.
Excepting therefrom the Westerly 120.00 feet measured along the Northerly line.
The Easterly line of said Westerly 120.00 feet being dtawnparallel with the most Westerly
line of the above described land and the Southerly prolongation thereOf.
APN 317-101-31,32,09
ALT A Owner's Policy
. 3.894 .
EXHIBIT B
RESOLUTION NO P- 01-47
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY; CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 01-06
ASSESSOR'S PARCEL NUMBER 317-101-09,10, AND 31
WHEREAS, CONDITIONAL USE Permit 01"06, sUbmitted by Tim Meissner,
applicant, requests aConditionalUsePermit to establish an adult day care facility at 13172
Poway Road in the Pow~y Lit>fafyPla,za in the Town Centerzone. The use would occupy
a new 5,998-square-fOotbtiildi,rig(Building D) previously approved under DROO-22, which
also included renovation bHheshopping center; and
WHEREAS, on September 4, 2001, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro ahd con, relative to this application.
NOW, THEREFORE'; the:.City Council does h-ereby resolve as follows:
Section 1 The City Council finds that Conditional Use Permit 01-06 is Categorically
Exempt from the provisions of the ,California Environmental Quality Act, as a Class 1
exemption pursuant to Sec. 15301(a) ofthe CEQA guidelines; because it is a use permittor
a previously approved structure involving only mihor ihteriorand exterior alterations.
Section 2: Thefihdings" ih accordance with Section 17A8.0700f the Poway Municipal
Code for 'Conditional Use PerfTlit01-06 establish an adult day care facility at 1:31 72 Poway
Road in the TC zone,are made as follows:
A. The proposed facility would be located in an existing shopping center The size of
the facilities is appropriate for the use and location: The design of the fac:;ility is
appropriate forthe use'and;the,surrounding area. Theproposed project is permitted
use in the TC,zone, with the approval of a Condition,!1 Use Permit. The project will
comply with all ofthe relevant codes and standardsoftlieCity of Poway Therefore,
the proposed location, size, design and operating characteristics of the proposed
". _..~.
use is in accord with the title and purpose, of Section 1748.070 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
B The use will be 10cClted In i3 newly constructed ,building, The location, size and
design of the prop9sed faCility are appropriate for the area and are consistent or
sup~rior to surrounding development. The facilitywill be operated under license of
the State of California, The facility will ,be required to meet City of Powaystandards
. .
for noise'and operating hours, and parkinglloading, Therefore, 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.
. 3095 .
Resolution No P- 01-47
Page 2
C The, facility will meet or exceed standards, 'for scale, coverage and density
Therefore, the ,harmony in scale, bulk, ,coverage and density of the project is
consistent with adjacent uses.
D There are public facilities, services and utilities available to adequately serve the
use.
E. The proposed use wilLnot,create a negative visual impact. Therefore, there will not
be a harmful effect upon desirable neighborhood characteristics.
F The project will not increase traffic beyond the capacity of Poway Road and other
streets serving the,projec;t. Renovation of the shopping center, pursuant to DR 00-
22 which approved the construction of Building D, wilLinvolve closing one driveway,
which will improve tr~ffic safety Therefore, the generation of traffic will not
adversely impact the capacity and physical character of surrounding streets and/or
the Circulation Element 6fthe General Plan.
G The proposed adult day care facility is allowable in .the zone, and is small in area
compared with the overall property Therefore, the site is suitable for the type and
intensity of use or development that is proposed.
H. The use involves no hazardous materials or processes, nor does it significantly
affect natural resources. Therefore, there will not be significant harmful effects upon
environmental quality and natural resources.
I There are no other relevant negative impacts of the proposed use that cannot be
mitigated,
J The impacts, as described above,and the proposed location, size, design and
operating characteristics of the proposed use and the conditions under which it
would be,operated ormaintained will not be detrimental ~o the public health, safety
or welfare, or materiallY'injurious to properties or improvements in the vicinity nor be
contrary to the pdoptea General Plan; and
K, That the proposed conditional use will comply with each ofthe applicable provisions
of Section 17 48.070 of the Poway Municipal Code.
Section 3 The City Council hereby approves Conditional Use Permit 01-06 to establish
an adult day care facility, with,anoutside yard approximately 2;200 square feet in area, in a
5,998-square-footbuilding approved piJrsuant to DR 00-22 at 13172 Poway Road Building
D in the TCzone, as shown on the plans dated May 21, 2001, subject to the following
conditions:
. 3096 .
Resolution No. P- O~-47
Page 3
A, Approval of this CUP reques~shallapply only to the subject project and shall not
waive compliance withall'sectibns ofthe Zoning Ordinance and all other applicable
City ordinances in effect;.at the time of building permit issuance.
B Within 30 days of thedate,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 on 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
commercial uses.
D The conditions of GUP 01-06 shall remain in effectfor the life of the subject adult
day care facility and shali run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner
E, CUP 01-06 may be subject to annual revievv as determined by the Director of
Development Services .for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year.
F The applicantshall obtain a building permitassociated;with DR 00-22 for Building D
priorto the establishment bfthe use. Prior to issuance of any Building Permit the
applicant shall complY with the following, as applicable:
1 Tenant improvements for the adult day care facility shall be consistent with
the approved project plans dated May 21, 2001. on file in the Development
Services Department, and the conditions contained herein.
2. The applicant shall c()mply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect aHhe tirileof ele.ctrical/building permit issuance.
3 Approval of this request shall not waive compliance with all sections of the
Poway Road Specific Plan Poway Development Standards, the Zoning
Ordinance,and all other applicable City Ordinances in effect at the time of
building permit issuance.
4 All new roof appurtenances, including air conditioners, shall be architecturally
integrated, screened from view'and sound buffered from adjacent properties
and streets as required by the Director of Development Services.
5 A minimum of two parking spaces shall be designated for the drop off and
pick"up of clients during peak hours. Signage shall be placed at these
spaces indicatingthatparking is limited to 5 minutes during the hours of 8:00
to 10:00 a.m. and 4:00 to 6:00 p.m.
. 3097 .
Resolution No. P- 01-47
Page4
6 A surface planter at least three, feet _in usable width shall be, provided
adjacenUo the easterly fence;,andJurnishedwithshrubs, ground cover, and
irrigation. The chain-link fence. shall be provided with slats whe~e they may
be missing or in disrepair All oftheabove shall be included on a landscape
plan to the satisfaction ofthe Director of Development Services.
G The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1 Building D shall be fire sprinklered.
2. A fire.alarm system shall be installed in,Building D
H. Prior to issuance of a certificate of occupancy. the applicant shall comply with the
following:
1 The site shall be developed in accordance with the approved plans,on file in
the Development-Services Departl'T)entfor both DR 00-22 and CUP 01-06,
along with th~ cOJldjtions contained therein/herein. ,A final inspection from
the appropriate City Departmentswill berequired.
I Upon establishment of'th,e use in reliance upon this Conditional Use Permit, the
following conditions shall apply:
1 The proposed.signageJorthedrop-off/pickup,locations shall be maintained
for the life of the facilities. unless otherwise approved by the Director of
Development Services.
2. At no time shall noise from any source exceed the noise standards contained
in the Poway Municipal Code.
3 The property owner shall be responsibleforiRsuring that the future overall
mix oruses leasing, in the shopping center will have hours of operation and
parking demands such that adequate parking is available at all times.
4 If at any time tile existing chain link fence with slats that is located on the
adjacent pr()perty to:the east is removed for any reason, the owner of this
. ' ,
property shall install a 6"foot solid',woodenJence along the eastern 'property
lineto the satisfaction ofthe Director of Development Services.
Section 4 The 'jpproval.of CUP 01-06 shall expire on September 4, 2003 at 5:00 p.m.
unless, prior to that time, a building permit has ,been issued and construction on the
property in reliance on this approvalhas comrnenced prior to its expiration.
. 3098 .
Resolution No P- 01-47
Page 5
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway;
State of California, this 4th day of September 2001..
ATTEST
~ '
, '(",:\.\ n ^M' ~,J /0/\
Lori )A.nne Peoples, City ~rk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City'Clerk of the City of Po way, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-01-47 . was duly adopted by the
City Council ata meeting of said City Council held on the4th day of September 2001, and
that it was so adopted by the following vote:
AYES GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES. NONE
ABSTAIN: NONE
ABSENT EMERY
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