Covenant Regarding Real Property 2001-0668908
. " , DOC" 2001-066B908
_ 3082
- RtCORDING REQUEST BY: ) SEP 18, 2001 8: 09 AM
) OFFICIAL RECORDS
CITY OF POWAY) SANDIEGOCOUNT'VRECORDER'S OFFICE
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WHEN RECORDED MAIL TO ) GREliORV ~EE~ITH, C~OORECORDER
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CITY CLERK ) , '.
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POWAY CA 92074-0789 ) 2001.0668908
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No Transfer Tax Due ) (This space for Recorder's Use)
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:r. 'J' COVENANT REGARDING REAL PROPERTY
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Poway Library Plaza LLC, 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 commoQly KnQwn as Assessor's Parcel Numbers 317-101-09, 317-
101-10, and 317-101~31 ("PROPERTY" hereinafter). In consideration of the approval of
CUP 01-07 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide
by conditions ofthe attached ResolUtion (Exhibit B),
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrances, suc;cessors, heirs, personal
representatives, transferees and -assigns of the respective parties.
In the event that CUP 01-07 expires or is rescinded by City Council,at the
request of OWNER, CITY shall expunge this Covenant from the record title of
PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reirribllrsement of all costs, including reasonable attorneys'
fees, from the other party
OWNER:
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Dated 1/11 / 0 I By'
f ih?rJfl,r (/~'7u./ Jrltl'1ii7 M~(~
CITY OF POWAY
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Dated /, /0'-" ,/, By' / /<4A-!, '"/' ".
Niall Fritz, Director of Development Services
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CALIFORNIA ALL,PURPOSE ACKNOWlEDGIII!ENT
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:' Description of Attached Document :j
, Title or Type of Document: ,1
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I Document Date: Number'of Pages: :'~
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EXHIBIT "A'"
All thatportion of the Southwest Quarter of the Northwest Quarter of Section 13; Township
14 South, Range 2 West, SaII,Bemardino Meridi'!Jl, in ,the City of Poway, County of San
Diego, State of California, according:to Official Plat thereof, described as follows:
Commencing at the Southeast comer 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 bounOary ofthe public road known as Poway Road R.S 944 and
R.S. 1713-1; thence continumg along said Easterly line Norih 01040'30" East, 150.00 feet
to the Northeast comer of the land described in deed to Pomerado County Watyr District,
recorded September 4, 1970 as File No. 165188 of Official Records; thence along the
Northerly line of said land, North 89008'30" West; 100.00 feetto the True Point of
Beginning; thence retracing SClUth89008'30" East, 100.00 feet tothe Easterly line of said
Southwest Quarter ofth~ Northwest Quarter; thence along said Easterly line, North
01040'30" East, 190.02 feet'to a point on the Southerly boundary of Heritage Hills Unit
No, 4, according to Map tJiereofNg. 6486, med in the Office of the County Recorder of
San Diego County, September 23" 1969; thence along said Southerly boundary North
89008'30;' West, 482.41 feet to'a {mint on the Easterly boundary of the public road known
as Tarascan Drive; thence alongi'$aia Easterly boundary South!Ql 033'47" West, 319.76 feet
to the beginning of a tangent:20 00 foot radius curve, concave Northeasterly; thence
Southerly, Southeasterly and qstei'ly'along the arc" of saiCl curVe through a central angle of
90042'17" a distance of 31.66 feetto,.apoint on the Northerly boundary of said po way
Road; thence along said boundary South 89008'30" East, 361,41 feet to the Southwesterly
comer of said Water District, rand , and a line which bears 'Squth,Or040'30" West from the
True Point of Beginning; thence North 01040'30" East, 150.00 feet to the True Point of
Beginning.
Excepting therefrom the WesterIy 120 00 feet measured along the Northerly line.
The Easterly line of said Westerly 120 00 feet being drawn ,parallel with the most Westerly
line of the above described land ,and the Southerly prolongation thereof
APN: 317"101-31,32,09
ALTA Owner's Policy
. 3085 .
EXHIBI'f B
RESOLUTION NQ P- 01-4B
A RESOLUTION OF THE CITY COUNCil
OF THE CITY OF F>OWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 01-07
ASSESSOR'S PARCEL NUMBER 317-101-09,10, & 31
WHEREAS, CUP 01-0~ submitted by Tim Meissner, applicant, requests a
Conditional Usepermit tOiestablish a preschool/child care facility, with an outside play yard,
at 13172 Poway Road in the Town Center zone The use would occupy an existing 4,361-
square-foot Building C in a shopping center that is proposed to undergo
renovation/expansion as the Poway Library Plaza project; and
WHEREAS, on September 4, 2001, the CityCoul1cil held a duly advertised public
hearing to solicit comments'from the public, both pro arid con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1. The City CounCil finds that Conditional Use Permit 01-07 is Categorically
Exempt from the provisions of the California Environmental Quality Act, as a Class 1
exemption pursuant to Sec. 15301 (a)ofthe CEQAguidelines, because it is'a usepermitfor
an existing structure involving only minor interior and exterior alterations.
Section 2: T~e findings, iIJ accordance with Section 17 48.070 of the Poway Municipal
Code for Conditional Use Permit 01-07 establish a preschool/child care facility at 13172
Poway Road in the TC zone; 'are made as follows:
A, The'proposed facility wot:lld be located in an existing shopping center inwhich it is
being relocated from another building in the center. The size of the facility is
appropriate for themse and location. The desigrrof the facility is appropriate for the
use and the surroundil1g area. The proposed project is a permitted use in the TC
zone, with the approval of a Conditional Use Permit. The project will comply with all
of the relevant codes and standards of the City of Poway Therefore, the proposed
location, size, desig"nand operating characteristics of the proposed use are in
accord with the title andpurpose of Section 17 48:070 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 staIJdards ofthe City
B The structure in which the use will be located is proposed to undergo remodeling,
which will upgrade the quality of design of the building. The location, size and
design of the proposed facility are appropriate for the use and are consistent or
superior to surrounding development. The facility will be operated under license of
the State of California. The facility will be required to meet City of Poway standards
for noise and operating hours, and parking/loadiT]g Therefore, the location, size,
design and operating characteristics of tlie proposed use will be compatible. with
and will not adversely affect or be materially detrimental to, adjacent uses, residents,
buildings, structures, or natural resources".
. 30'86 .
Resolution No. P- 01-48
Page 2
C The proposed use will be occupying an existing building in 'an existing shopping
center 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.
E. The proposed use will not 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. project. Therefore, the generation of traffic will not adversely
impact the capacity and physical character of surrounding streets and/or the
Circulation Element of the General Plan.
G. The proposed child Care facility is allowable in the zone, and is small in area
compared with the overcjlil 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 or maintained will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity nor be
contrary to the adopted General Plan; and
K. That the proposed,conditional use will comply with each of the applicable provisions
of Section 17 48.070 of the Poway Municipal Code.
Section 3' The City Council hereby approves Conditional Use Permit 01-07 to establish
a preschool/child care facility in an existing 4,361-square-footbuilding (Building C), with an
outside play yard, approximately 8,000 square feetinarea, at 13172 Poway Road in the TC
zone, as shown on the plans dated May 21, 2001, subject to the following conditions:
A. Approval of this CUP request shall apply only to the subject project and shall not
waive compliance with,all sections of the Zoning Ordinance and all other applicable
City ordinances in effectat the time of building permit issuance
. 3087 (
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" Resolution No. P- 01-48
Page 3
B Within 30 days of the date of thisapprovat (1) theaf)plicant shall submit in writing
that all conditions of approval have been readandimderstood;'and, (2) the property
owners shall execute a Covenar;Jt on Real Property
C The use conditionally granted by this approval shall not be conducted in such a
manoer as to interfere with the reasonable use and enjoyment of surrounding
commercial uses.
D The conditions of Conditional Use Permit 01~07 s,ball remain in effectforthe life of
the subject preschool/day 'care facility and shall [un with the land and be binding
upon future owners, successors, heirs, and transferees of the current property
owner
E. Conditional Use Permit 01-07 may be subject to annualreview as determined by the
Director of DevelopmentServices for compliance with the conditions of approval and
to address concerns thatmay have been raised during the prior year
F The applicant shall obtain a Building Permit prior to, installation of the tenant
improvements. Prior to,issuance of a Building Permit the applicant shall comply with
the following'
1 The applicant may request a building permit exclusively for tenant
improvements to,theexisting tenantspace:(Building C), prior to issuance of a
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buildinglJerriiitoal1d the installation of tile ,public improvements pursuant to
DROO-22. H6wever,should a building permit not be obtained under DROO-
22, the applicantwili be responsible for the following improvements:
a. The installation of all landscaping, as,depicted,on the file exhibits, within
or adjacentto thetenant lease space. to:the satisfaction of the Director of
Development Services (within 6 months of the issuance of the permit for
the tenant improvements).
b Prior to issuance of a building pemiit Jor the tenant improvements to
Building C, the applicant shall provide any necessary parking for the
preschool/day care facility, pertheapproved plan.
2. Tenant improvements for CUP 01-07 shall be consistent with the approved
project plans (as they apply to the.Jeasespace) dated May21,2001 on file in
the DevelopmentServicesDepartmentand'the conditions contained herein.
3 The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicalJle codes and ordinances in
effect at the time of electrical/building permit issuance.
. 30S'8 (
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Resolution No P-Ol-48
Page 4
4 Approval of this requestshall not waiye compliance with all sections of the
Poway Road Specific Plan, Poway beveiopment Standards, the Zoning
Oi'dinance,and all other applicable City Ordinances in effect at the time of
building permit issuance.
5 All new roof appurten~nces, 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.
6 At least two parking spaces shall bedesigllatedJor the drop off and pick-up
of clients duril1g peak hours. SignaM shall be placed at these spaces
indicating that parking is limited to 5 minutes during the hours of 8'00 to
10'00 a.m. and 4:00 to 6'00 p.m.
7 A surface planter, ,at least three feet in usable width, shall be provided
adjacentto theieaste[ly fence, and furnished with shrubs, ground cover, and
irrigation. The chaiflclink fence shall be provided with slats where they may
be missing or ill disrepair. All of the of all oftheabove shall be included on a
landscape plan to'the satisfaction of the Director of Development Services.
H. The applicant sh~liconstruct the following improvements to the satisfaction of the
Directorof Safety Services,
1 Building C shall be fire sprinklered.
2. A fire alarrn'system shall be installed in Building C
3 Emergency access to the play area yard.shall be maintained.
I Prior to issuance of a certificate of occupancy, the applicant shall comply with the
following,
1 The site shall be developed in accordcincewith the approved plans on file in
the Development Services Department for both DR 00-22 and Conditional
Use Permit 01-07.; along with the conditions contained therein/herein. If
approved by the Director of Development Services pursuant to condition F 1.,
occupancy.of the existing Building C may take place before a building permit
is issued for the exteriorreMbdel of the building and the installation of the
public improvementsestablished'underDR 00-22. Afinal inspection from the
appropriate City Departments will be required.
J Upon establishment of the use in reliance upon this Conditional Use Permit, the
following conditions shall apply'
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. 3089 . Resolution No
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Page 5
1 The proposed signageforthe drop-off/pickup locations'shall be maintained
for the life of the facility, 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 responsible for insuring that the future overall
mix of uses 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-the existing chain link fence with slats that is located on the
adjacent property to the east is removed for any reason, the owner of this
property shajl install a 6-foot solid wooden fence along the eastern property
line to the ,satisfaction of the Director of Development Services.
Section 4 The approval of Conditional Use Permit 01-07 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 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 4th day of September 2001
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ATTEST
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LorijAnne Peoples, City CI k
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';'(' . 30"90 . Resolution No P-Q1-48
Page 6
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, LoriAnne Peoples, City Clerk of the City of ,Po way, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-Ol~48 ,was duly adopted by the
City Council at a meeting of said City Council held on the4th day of September 2001, and
that itwasso adopted by the following vote.
AYES GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES. NONE
ABSTAIN: NONE
ABSENT EMERY r:iJ' 0 ,~
'Nil;, ' ^^" 't_L{,;;OL;J
LorifA-nne Peoples, City Cle~k
City of ,Po way
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