Covenant Regarding Real Property 1999-0108917
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DOC .1999-0108917
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.RECORDING REQUEST BY'
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8:23
AM
FEB 23,
1999
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CITY OF POWAY
.' . OfFICIAL RECORDS
SAN DIEGO COUNTY'REClJRDER'S OffICE
GREGORV J. SIIITH, COUNTY RECORDER
FEES:': ' 46.00
'WHEN,RECORDED'MAILTO'
CITY CLERK
C;:ITY OF f'OWAY
PO BO~78,9
POWAYCJ.\92074-07S9
No,TranSfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDINGREAL'P~OPERTY
jMSPropElr:l,ies LLc;,.a,CalIfornia 12irr'lited Liability Company. ("OWNER" hereinafter) is the owner
ofrealprbperty describ.,diin Exhl~it'A,Vfhich fs attached,hereto~,nq madeaparl:hereofand which is
commonly:knowniasAssessor.'s ParceL Number 275-460'52'("PROPERTY" hereinafter), Inconsideration
of the approval of,ErivironrhentalAssessrriemt, Conditional UsePermiti98,07., Variance 98,16 and
Development Review 98'29:by the Citybf,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 blnding.upon and inure.to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives:.transferees and assigns of the
respective parties, '
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,- . In the eveflt that Enviionmental'Assessment, Conditional Use'Rermit 98,07, Variance 98-16:and'
Development Review 98'29;expires'or i~ rescinded by City Council at ttle,,1quest of the OWNER, CITY
shall expunge this CoveriantJromth'e record title of the PROPERTY
In the event of litigation t,oenfgrcethe provisions of this,Covenant, the prevailing party shall be
entitled tci'fullreimbursemerit'of allcosts, including reasonable attorneys' fees, from the other party
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Dated: .J. - Ii ~'19
~~~t
a Ca.lifornia Limited.Eiabil!ty Company,
OWNER (Notarize)
CITY OF POWAY
Dated' l-~6-99
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BY'
3594
.C~L;~ORN"AALL.PORPOS' ACKNOWLEDGMENT .
State of
California
County of
San Diego
On February 11, 1999
Date
before me, Cheryl L Hollenbeck, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared
James Sicher Weil
Name(s) aISigner(s)
o personally known to me
XX proved to me on the basis of satisfactory evidence
I
r-.- - - tH;;L~O~;B~ - J,
-(J.commlssian# 1189189'",
~, NotoryPubflc-Cafilanla' 's;
z San Diego Coonty -:
i _ _ _ ~y.:o:,: ~:J~I ~l
to be the person(~ whose name(.li'y-@/<<l'e-Subscribed to the
within instrumen( ~nd acknowledged to me th~
executed the same i~ authorized capacity(-ie&j,
and that b~ir signature0 on the instrument the
personli), or the entity upon behalf of which the personi{)
acted/;xecuted the instrument. I '
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not-required bylaw,)! 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 of Document:
Covenant Regarding Real Property
Document Date:
2-11-99
Number of Pages: 2 ( two)
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney'in,Fact
o Trustee
o Guardian or ConselVator
o Other'
.
Top of thumb here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney"in-Fact
o Trustee
o Guardian or ConselVator
o Other- Top of thumb here
Signer Is Representing:
Signer Is Representing:
@1996NationaINotaryAssociation.8236RemmetAve. P.O. Box 7184' Canoga Park, CA 91309 7184
Prod. No, 5907
Reorder: Call Toll Free 1-800-876-6827
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3595
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Legal DescriDtion
The following described real property in the County of San Diego, State of California:
Parcel 2 in the City of Poway, County of San Diego, State of California as shown at Page
6625 of Parcel Maps, filed in the office of the County Recorder of San Diego County,
December 8, 1988
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Exhibit A
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35,96
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RESOLUTION NO. P-99-07
A RESOLUTIONOFTHE CITY C.OUNCIL
OFiTH.~ CITY OF POWAY., CALIFORNIA
APPROVING CONDITIONALUSE PERMIT 98-07
VARIANCE 98-16 AND DEVELOPMENT REVIEW 98-29
ASSESSOR'S PARCEL NUMBER275-460-52
WHEREAS, Conditional Use Permit 98c07, Variance 98"t6 and Development
Review 98-29, submitted bySunshine Care, Ud" ARplicant for the purpose of constructing
and'operating a 1J:>-t.iriit;.28.resident; assisted living f$cility on the vacant property located
at 12695 Monte Vista Road, in-the Commercial Office, zone.
WI'iEREAS, on January 26, 1999, the City€ouncil. held a duly advertised public
beanngtosoliCitcomments from the public, both pro and con, relative to this application,
and
WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE. IS'
FURTHER GiVEN that the 90-day period to protest the imposition' of any fee, dedication,
reservation, br'other exaction described in this resolution"begins on the. effective date of
thisresolution,and any suchprotestmust be in a mannerthat.complieswith Section 66020
NOW, THEREFORE, the City CounCil does hereby resoive as follows:
Section 1: Environmental Findinas:
The City Council findsthatthe project will nothaveia significant adverse impacton
the environment and issues a Negative Declaration'with Mitigation Mea,s'ures,
Section 2: Findihas:
Conditional Use, Permit 98c07
1 The,project is consistent with the General Plan which designates,this site,for
commerCii31 office or a related medical type use inCluding residential care
facilities,
2, That the location, size, design, and operating characteristics ofthe use will
be compatibh~i.with and will not adversely aftector be materially detrimental
to adjaCent uses, buildings, structures; or natural resources, in that the
project is being located Within the hospital campus area where medically
related uses are anticipated and where surrounding properties contain
similar uses and improvements.
3. That the harmony in scale, bulk, coverage. and density ;s consistent with
adjacent uses, because the s.ite will be developed with facilities and buildings
which have,been designed to be compatible with surrounding structures.
EXHI BIT B
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3597
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Resolution No P-99-07
Page 2
4 Thatthere are available publicfacijilj:es,ser\iices, and utilities, because the
use will be located in a development Where all necessary facilities are
already in place,
5 That there will !lot be a harmful effect upon desirable neighborhood
characteristics: .in that the facility is surrounded by like uses,
7 That the generation of traffic will notadversely1impactthe surrounding streets
and/or the. City:s Transportation Eiement, in that the,use will operate in an
area whereexistihg street improvements'and'off"street parking are adequate
given the scale ofthe proposed use,
8 That the site is suitable for the type,and intensity of the use, in that it is an
area designatedfor'commercial use.
9 That there will notbeisignificantharmfuleffects upon environmental quality
and natural resourclfs, in that the area slated for development has been
previously graded'cmd disturbed,
10 That there are no other'Jelevant negative impacts of the development that
cannot be mitigated
Variance 98~16
1 The approved project is consistent with the general plan in that it proposes
the construction of a residential care facility in a commercial zone,
2. That there are special circumstances applicable to the property, and. because
of this; the strict application of the Zoning0rdinance deprives the prqperty
of privileges enjoyed by other properties in the vicinity under identical zoning
classification.
The special circumstances include the fact that the lot is encumbered with
a 40 foot wide easement running east'to west along the entire rear of the
property, thereby restricting the .Iocation of the building as well as two
required parking spaces.
3 That granting the variance or its modification is necessary for the
preservation and enjoyment<of a substantial property right possessed by
other ,property in the same 'vicinity and zoning for which the variance is
soGght, in that other properties located on Monte Vista Road are located on
substantially regular shaped lots where the placement of the buildings was
not difficult.
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Resolution No, P- 99-07
Page 3
4. That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welfare, or injurious to the property
or improvements in such vicinity and zone'in which the property is located in
that the building will substantially observe the required setbacks with the
exception of three architectural projections along the front elevation of the
building, The re.sidents of the project will pe predominantly Alzheimer's
patients. There are fewer cars anticipated.
5 That the granting of this variance does not constitute a special privilege
inconsistent with'the limitation upon other, properties in the vicinity and zone
as illustrated in #3.
6 That the granting of this variance does, notcalloW'the use ,or activity which is
not otherwise expressly authorized by zoning development regulations
governing the parcel or property
Develooment Review 98-29
1 The development will not have an adverse aestnetic, health, safety, or
architecturally related impact upon adjoining properties, because the building
has been designed in accordance with the Poway development standards,
2, The development encourages the orderly and harmonious appearance of
structure and property within the City through its consistency with the City of
Poway development standards,
Section 3. Citv Council Decision:
The City Council hl?repy approves Conditional ~se permit 98-07, Variance 98-16
and Development Review 98-29 subject to the following conditions:
Within 30 days of approval (1). the applicant shall submit in writing that all
conditions of approval have been read and understood; and (2) the property
owner shall execute a Covenant on Real Property
1 The use conditionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of the
surrounding residential and commercial uses.
2, This conditional use permit shall be subjectto 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
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3599
, (.olution No. P- 99-07
Page 4
is noUn compliance with the conditions of approval, or the Planning Services
Department-has received complaints, the reql!ired annual review shall be set
for apLJblic hearing before the City' CounciL to consider modification or
revocation ofthe use permit.
3, Prior to the onset of business activity the applicant shall contact the
Customer Services Department and obtain a City of Poway business
certificate for the use.
4, Prior to the onset'of business activity the applicant shall obtain the required
approvals and permits from the appropriate countY and state agencies for the
residential care facility
5. No outdoor paging systems or telephone bells or similar devices shall be
used,
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 Departmerit prior to issuance of building
permits.
3, Approval of this request. shall not waive compliance with all sections of,the South
Poway Development-Standards the Zoning Ordinance and all other applicable City
Ordinances in effect-at the time of building permitissuance,
4 All roof appurtenances, including air conditioners, shall be architecturally integrated,
screen,ed from view and sound buffered from adjacent properties and streets as
required by the Planning Services Department.
5, The applicant shall comply with the latest a90pted 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 th~ time of building
permit issuance.
6 Trash receptacle shall be enclosed within a six fqot high masonry wall with view-
obstructinggliltes pursuant to City standards, Location shall be subject to approval
by the Planning Services Department.
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Resolution No. P- 99-07
Page 5
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, This approval shall'become null and void if building permits are not issued for this
project within two years from the date of project approval.
PARKING AND VEHiCuLAR ACCESS
1 All parking lot landscaping shall include a minimurTl'oJ 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 curb,
2, 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 buildings on adjacent lots.
LANDSCAPING
1 A detailed landscape and irrigation plan shall be submitted to and approved by the
Planning Services Department prior to the issuance of building permits, Plans shall
be prepared in accordance with the City of Powav Guide to Landscaoe
Reauirements (latest edition),
2, All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash and debris,
3 Street trees, a minimum of 15 gallon size or larger" shall be installed in accordance
with the City of Poway Guide to Landscape Requirements and shall be planted at
an average of 30 feet on center spacing along all streets.
4 Landscaped areas within the adjacent public right-of-way shall be permanently and
fully maintained by the owner
SIGNS
Any signs proposed for this development shall be designed and approved in conformance
with the Sign Ordinance,
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Resolution No P.99-07
Page 6
COMPLIANCE WITH THE'FOLLOWINGCONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1 Roof covering shall be fire retardant as per U.F C. 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 ofthebuilding numbers shall be six inches on the front facade
of the building,
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 appar~tus 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 meeting
P M.C requirements. The building sprinkler system shall be designed to meet
N F,P,A, Standards for occupancy type, 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 installation,
5 An automatic fire alarm system shall be installed to approved standards by a
properly licensed contractor System shall be completely monitored by a U,L, listed
central station alarm company or proprietary remotestatidn,
6 A hood and duct extinguishing system shall be installed for all cooking facilities
within the kitchen area. Plans to be submitted .andapproved, prior to installation,
.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 s'prinkler
system Post Indicator Valve.
8 Fire Department access for'use otfire fighting equipment shall be provided to the
immediate job construction site at the start of construction and r:naintained at all
times until construction is completed,
9 Permanent, access roadways for fire apparatus shall be designated as 'Fire Lanes'
with appropriate signs and curb markings.
10 Minimum 2;A;:1OBC fire extinguisher(s) are required for 3,000 square feet and 75' of
travel distance,
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Resolution No, P- 99-07
Page 7
11 If medical gases are planned to be used in this building, they shall be installed to
meet requirements of Uniform Fire Code Article 74 - Compressed Gases,
12, The'addition of on-site fire hydrants is required. The location of the hydrants shall
be determined by the City Fire Marshal.
13 Material Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in each building.
14, An Emergency, Conttngency Plan and Hazardous Materials Disclosure shall be filed
with the County of San Diego Department of Health and copies provided to the Fire
Department.
15 Prior to delivery of combustible building material on site, water and sewer systems
shall satisfactorily pass all,required tests and be connected to the public water and
sewer systems. Ih addition, the first lift ofasphait paving 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.
16 NFPAStandard 704, Hazardous Materials Labeling, shall be provided as necessary
throughout the building.
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
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 grading plan for the development of the property, prepared on a standard sheet
of mylar and drawn at a scale of 1" = 20', shall be submitted to the City's
Engineering Services Department for review and approval prior to issuance of a
grading permit and start of grading operation. Rough grading of the site must be
completed and shall meet the City's Engineering Services inspector's approval prior
to issuance ofa building permit.
3 A soils report shall be prepared by a qualified' engineer licensed by the State of
California to perform such work. Copies of the report shall be submitted with the
grading plan,
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3603
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Resolution No. P- 99-07
Page 8
4, All new slopes shall be a maximum of2:1(hori,zontal.to vertical),
5 A final compaction report shall be submitted and?lPproved prior to issuance of
building permits.
6 A certification of line and grade. prepared by the project civil engineer, shall be
submitted prior to issuance of building permits.
7, Erosion control, including, but not limited to desiltation basins, shall be installed and
majntained from,0ct. 15th to April 15th, An etosii:>n 'control plan shall be prepared
by the project.civiiiengineer and shall be submitted as part dthe grading plan, The
developer shall make provisions to insure the ~ptoper maintenance of all erosion,
control deVices throughout their intended life.
8, Paving of the parking iotshall conform to the standards as set forth in Section
12,20:080 of the City Code, All driveway approaches shall be with alley-type
returns,
9 No parking space shall' be allowed within City:s easemenUs unless otherwise
approved by the Director of Engineering Services.
UTILITIES/OTHERS
1 Should there be,aneed for new fire hydranUs; a-watf3r system analysis shall be
prepared to establish the proper size and location ()f the public water system.
Applicant shall pay to the City the cost of preparing the analysis prior to submittal
of improvement plans, Improvement plans prepared'by Registered Civil Engineer
shall be:submitted for approval by Engineering Services Department. Plan check
and.,inspection expenses shall be paid by;the developers,
2. Proposedzand f3xisting telephone, gas, electric, water, sewer, and other public utility
lines and appurtenances shall be shown on the grading plans.
3 All on-site private sewer mains shall be constructed to public sewer standards and
specifications and, shall be shown on the'grading plans.
4 Water 'and sewer main lines and ,appurtenances that will be installed at locations
otherthanwithinpublicstreets shallhave,an easement, a minimum of 20 feet wide
for each line, dedicated to the City of P6way Muiiiple,'parallel facilities will require
additional easement width for on-site facilities, Easement dedication shall be
recorded prior to issuance ota certificate of occupancy, A processing fee shall be
paid to the City's Engineering Department at firstsubrr\ittal otdocuments for review
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Resolution No. P- 99-07
Page 9
5 Each lot shall be provided with a minimum of one domestic water service line, one
reclaim water line, and one sewer lateral.
6 All public utility lines (Le., water, sewer, drainage) not located within public streets
shall have an improved access over and along the respective easement, the
surfacing and width of which shall be acceptable to the City Engineer
7 Plans for the construction of public improvements, prepared on standard sheets of
mylar by a Registered:Civil Engineer, shall be submitted to the City's,Engineering
SerVices' Department for. review and approval. Plan check and inspection fees shall
be paid by the developer.
8 Performance.and payment.bonds for the construction of public improvements'shall
be posted with the City prior to improvement plan approval. A warranty bond shall
be posted with the City prio(to acceptance of improvements,
GENERAL REQUIREMENTS AND APPROVALS
1 Prior to building permitissuance, appropriate water and sewer fees shall be paid
to the City's Engineering Services Department. Sewer fees shall include, but are
not limited, to connection fee, c1eanout fee, and installation inspection fee, These
fees are subject to change without prior notice,
Meter Size Cost Water Lateral Exoansion Fee SDCWA Fee'
3/4" $130,00 $1,35000 $3,710,00 $1,58500
1" $270.00 $1,43000 $6;678.00 $2,536.00
1,5" $600 00 COST $10,388.00 $4,755.00
2" $1,77500 COST $16,694.00 $8,242.00
For a meter size not listed above, please contact Engineering'Services.
, This fee is subject to, change without further notice. Applicable only to water
meter for domestic use, The amount to be paid shall be that in effect at time of
payment.
SeWer Fees are as follows:
Sewer connection fee
Sewer Line Charge
Cleanout
Inspection fee
=$42,997,00
=$ 3,499,20
=$ 50 00
=$ 25 00
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3605
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Resolution No. P-99-07
Page 10
** Basedonthe numb,er"offixtures eq~al'to 73: pertpeJloor plan available at the
time of conditioning which is equal to 18.25 EDUS at $2,356.00/EDUAdditional
sewerconnectionJee shall be paid prior to building permit if number of fixtures are
increasedbeyond,"73. .
2.. The following fees shalL be paid or a securitY-bond posted prior to issuance of a
buildingpernnit. 'Ita s~cu~tybond is posted, payment ofthefees shall be made prior
to issuance of.acertificate of occupancy. Once payment is received in full said
security bond could be released to the applicant.
Drainage fee
Traffic mitigation
Park fee
=$1,200;00
=$1.386,00
=N/A
3, A right"of-way permit sh;~1I be obtained from the City's Engineering Services
Departmentfor,anywork,.to be done within the' public street right-of-way or any City"
held easement. Said work shall include.. but is not limited to, construction of
driveway approach, sewer lateral installation, water service line installation, and
street construction.
APPROVED and ADOPTED by the City Couricil of the City of Poway, State of
California. this 26th day of January, 1999.
ATTEST
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Lori Anne Peoples. City Clerk
J hereby certify under the P€lnalty of
perjury that the above ond
foregoing Is a true ond correct copy
of Resolution No, P-c;q.Oi
os adopted by the City Council of
Poway" ~alifornia on the '210 .~
doyaf :rctnU/L~ ' )9~
LORI ANNE PE PLES, CLERK
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3606
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Resolution No. P-99-07
Page 11
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peopl!l~s, City Clerk of the City:of Poway"do hereby certify, under the
penalty of perjury, that the'foregoing Resolution,No. P'-99-07 , was duly adopted by the
City Council ata meeti~gof said City Council held' on the 26th day of
Janua ry , 1999, and that it was so adopted by the following vote.
AYES,
EMERY, GD~DBY, HIGGINSON, REXFORD, CAFAGNA
NOES.
NONE
ABSTAIN: NONE
ABSENT NONE
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Lori Anne Peoples, City Clerk.
City bf Poway
N:IPLANNINGIREPORTlCUP9807,RES