Covenant Regarding Real Property 1999-0098462
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DOC #.1999=-0098462 .
FEB 18, 1999 8:17 AM
OFFiCIAL RECORDS ..
SANDIEGO'COUNTY,RECORDER'SOFfICE
GREGORY J~ SMITH. COUNTY RECORDER
FEES: 37.00
RECORDING REQUEST BY
CITY OF.POWAY
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WHEN RECORDED IV!~IL TO:
CITY CLERK
CITY'OF'POWA Y
,P O.BOX789
POWAY CA,92074-0789
-11111Il1111llt 111111111111 r /
1999.0098462
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No'Tr,msfef,.ax Due
(This space for, Recorder's Use)
CQYEN'ANTREGARDING REAL PROPERTY
Datlara'm A. and Gloria 0 Walavalkar, ("OWNER" hereinafter) is the owner of real property described
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in ExhibitAwhich is attached hec€l!oandmade a part hereof, and which is'commonly known as Assessor's'
Parcel Number 31'1-520)5 ("PR0PERTY".hecelnafle(), lriconsideratibnof the approval of. Environmental
Assessment, Conditional Use Permit 98-05 by the City of Poway ("CITY" hereiriafter), OWNER hereby agrees
to abide by conditions of the attached rEisolution (Exhibit B).
This Covenant-shall rlll1 V:iit,h:tl)e, land and be bindinguponancl,inure to the benefit'of'the,.future
owner", 'encumbrancers, successor,s, heirs, personal representatives, transferees and assigns of .the
respective._parties,
In !tie.event that Eiwironr6entalAssessment, Conditional Use Permit 98-05 expires'or is rescinded
by City Council attherequest ofthe0WNER, CITY shall expunge this Covenant from. the record titleofthe
PROPERTY
In the event of litigation toenforce.the provisions of this.Covenailt, the prevailing party shall be'entitled
to full reimbursement of aii costs, including'reasonabie attorneys' fees, from'the other party
Dated:
d-l-:\-qq
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DattaramA Walavalkar'-OWNER (Notarize)
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Gloria 0 Walavalkar; OWNER (Notarize)
Dated: January 12 i 1999
CITY OFPOWAY
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"C:~IFORNIAALL.PURPOS'ACKNOWLEDGMENT
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State of ,::,- II 1.1 F () ;e. /lJ dJ
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. bate Name and Title of Officer (e,g., "Jane Doe. Notary Public")
personally appeared D 17 7T f}T2.A /YJ IT, N rri.fI- () It Li" ~ It IV cl
GLor.1t 0, tJ4/-A lJAL-I\A~ Namel*15;,o"I')
~nally known to me
D proved to me on the basis of satisfactory evidence
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to be the person(s) whose name(s) i@ubscribed to the
within instrument and aCkn~~*~ to me that he/she~
executed the same'in'his/h their uthorized capacity(ies),
and that by his/he~ignature(s) on the instrument the
person(s). or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
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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 of Document: C ()(}el\! AN-r
Document Date: .J - '-/ - 9?
Recrfft-JrlV1
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Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer(s)
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~Signer's Name: (j J.O,e.I/I 0 jA) /! /.11 (),4J../r,tJ/C
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D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other" Top of thumb here
Signer's Name: D/-l 77 #Je,qln
~idual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other'
RIGHT, THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
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e 1996 National Nola,y Association. 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll Free 1-800-876-6827
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3075
LEGAL DESCRIPTION
Parcel 1
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
Po way, County of San Diego, State of California, according to the Official Plat thereof
BegiC'ning at the Northeast corner of land conveyed to Po mer ado 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 o'f the North Half gf the Northwest Quarter of the Southwest
Quarter of said Section 14, distant thereon 310 00 feet Northeriy from the Southeast
corner of said North Half; thence from said Point of Beginning, Westerly along the
Northerly line of said. School District I,and ar;1d along the, Westerly prolongation of said
Northerly line, 59000 feet; thence Northerly parallel with the Easterly line of the
Northwest Quarter of the Southwest Quarter of Section 14, a distance of 175 00 feet,
thence Easterly parallel with the Northerly'line of the Northwest Quarter of the Southwest
Quarter of said Section 14 to the. Easterly. line of the Nortnwest Quarter of the Southwest
Quarter of said Section l4, thence Southerly along said E'asterly line, 175 00 feet, more or
less, to the Point of Beginning
Excepting therefrom the Weste(iy 363 60 feet.
Also Excepting that portion lying Easterly of the Westerly line of the land described in Deed
to the County of San Diego recorded November 16, 1981 as Recorder's File No 360723
of Officiai Records, bei'ng thatportion lying Easterly of a iine that is parallel with and
35 00 feet Westerly of a line described as follows.
Beginning at the intersection of Poway Road, Road Survey 1013, and Pomerado Road,
Road Survey 1859-2, said Road Survey on file in the Office of the County Engineer of said
County, said intersection having: coordinates North 286 619 64and East 1,751,015 65 in
terms of the California Coordinate System, Zone 6, thence aion9 the center line of said
Pomerado Road with bearing and distances in terms of said Coordinates Systern, North
00047'22" East, 182958 feet.
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EXHIBIT A
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RESOLUTION NO P- 99-0_
A RESOLUTION OF THE'CITY COUNCIL
OF THE CITY O'F POWAY, QALlFORNIA
APPROVING CONDll'IONA.I., USE PERMIT 98-05
ASSESSOR'S PARCEL NUMBER'317-520-35
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3076
WHEREAS, Conditional Use Permit 98-05 submitted by Dattaram & Gloria
Walavalkar, Applica!1ts for the purpose of operating a day care center for up to 40
students from infants to 12 years old within a 2200 square foot house at 13242 Pomerado
Road, a 2,3 acre site within the RS~3 zone.
WHEREAS, on Janu~ry 12, 1999, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
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, or other exa.ctiondescribed in this resolution begins on the effective date of
this resolution and any such protesfmust be in a manner thatcomplieswith Section 66020
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1. Environmental Findinas:
The City Council finds that the project will not have a significant adverse impact on
the environment and issues a Negative Declaration with Mitigation Measures.,.
Section 2: Findings:
1 The project is consistent with the General Plfln and the Zoning Development
Code which designates this site for day care center use with approval of a
conditional use permit.
2. That the location, size, design, and operati.n9 characteristics of the use are
in accord with the title and purpose ofthis resolution; the purpose of the land
use designation in which the site is located, the Poway General Plan and the
Zoning Ordinance in that the subject property is identified as a residential site
where day care centers and pre-schools are alloWed with a conditional use
permit.
3 That the location, size, design, and operating characteristics of the use will
be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, residents, buildings, structures, or natural resources, in that
special conditions of approval are set forth in this resolution which will help
buffer the use from adjacent residential development.
4 That the harmony in scale, bulk, coverage, and density is consistent with
adjaceht uses, becaus~ the site has.'an eXisting residence that is compatible
with surrounding structures.
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Resolution No P- 99-03
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5 Tllat,there are availablepJ]blii;if~ciliti~s,services, and utilities,;becausethe
U!)E3 will be located in a house where all necessary facilities are already in
place.
6 That,there will not be a harmful effect qpon desirable neighborhood
characteristics; in that there are special conditions of approval set for:th in
this resolution which will help buffer'the use 'from surrounding: residential
development
7 Thatthe generation oftraffic will not adversely, impact the surrounding streets
and/or the ~ity:s Tn,lnsportation ElemE!nt, in that the' use willoper<:lte inan
area where ,existing and required streetimprovements and offcstreet parking
wiWbe adeguate given the scale of the proposed use. .
8 That thesiteds,suitable for the type and intensity of the use, in that it is an
area designated for day care centersbyconditional.use permit
9 Thatthere1will not be,significant harmful effects upon environmental quality
and natural resources, in that the area slated for use has been previously
graded for. the existing house
10 That there are no other relevant negative impacts of the development that
'cannot be mitigated.
Section 3, City Council Decision.
The City Council hereby,approves Conditional Use Permit 98-05, subject to the
following conditions (with mitigation measuresihdicated by an asterisk n:
Within 30 days of approval (1) the applicant s,h'all subrnit in writing that-all
conditions of approval have been read and understood; arid (2) the property
owner shall execufe a Covenant on Real Property
SITE DEVELOPMENT
1 The LJse 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, subject to 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 is not in
compliance with the conditions of approval, orthe Planning Services Department
has received ,complaints, the required.annuai review'shall be set for a public hearing
,before;the' City .council, to consider modification or revocatioh of the use permit
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Resolution No' P- 99-03
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3 Prior to the olJ~et of business activity the applicant shall obtain the required
approv.als and permits from the appropriate county and state agencies fo(the child
care facility.
4 * No outdoor pagihg,systems or telephone bells.or,similar devices shall be used
5. The maximum number of-children enrolled and/or attending the child care facility at
a given time shall not exceed 40.
6. Approval of this request shall not waive compliance with all sections of the South
Poway Development Standards the Zoning Ordinance and all other applicC!ble City
Ordinances in effect atthe time of building permit issuance,
7 The applicant shall comply with the latest adopted Uniform Buiiding Code, Uniform
Mechanical Code, Uniform-Plumbing Code, National E!ectric Code, Uniform Fire
Code, and all other applicable codes and ordinances in effect at the time of-building
permit issuance.
8. Prior to any use of the project site. ()r business qctivity being commenced thereof;
all conditions of approval cOntained herein shail be completed to the satisfaction of
the Director of Planning Services,
9 This approval shall become null and void if-building pemnits 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 minimum of one 15 gallon size tree for
every three spaces.
2. A minimum of 11 on-site parking stalls shall be provided. All parkihg spaces shall
be double striped. The minimum dimensions for standard sized parking stalls shall
be 8.5' x 18.5'The parking lot design shall comply with the Americans with
Disabilities Act, i.e. 1 :25 ratio for accessible spaces with one van accessible space.
3. Parkihg loUightsshal1 be low pressure sodium and have a ma~imum height of 18
feeHrom the fihished grade of the parking surface and be directed away from all
property lines, adjacent streets and buildings on adjacent lots.
EX\.tlloiT B
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Resolution No, P- 99,-03
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LANDSCAPING
1 A landscape and irfigatiCln plan to supplement the existing landscaping shall be
sUbmltte,d to Ejnd approved IlY the Planning Services Department prior to the
is~uanceofbuild[ng pemiits. Plans shall be preparedin accordance with the City
of Po Way Guideto Landscape Requirements (latest edition)
2. All landsc'apedareas shall be maintained in a healthy and thriving .conditiOn, fre~
from weeds, trash and debris.
3 Streettrees, a minimum of 15 gallon size or larger~ shall be installed in accordance
with the City of PoiNay'Guideto Landscape Requirements and shall be planted at
an average of 30 feeton center spacing along"all streets.
4 Landscaped areas:withinthe adjacent public right-ofcwayshall be pefma[1ently'and
fully maintained by the oWner
5 * The trees'to be removed shall be replaced on a 1 1 and 2:1 ratiowith tree species
suitable to the area.
SIGNS
Any signsproposed'for,this deVelopment shall be designed and approved.in conformance
with the Sign Ordinance
ADDITIONAL APPROVALS REQUIRED
Working drawiflgs for any tenant improvements shall include a certification bya:recognized
acoustical expert that the requirements of the City of Poway:s noise ordinance wilT' be met.
COMPLlANCE,WI:rHTHE FOLLOWING.CONDlTIONS'IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BYTHE DEPARTMENT OF SAFETy SERVICES.
1 Facility shall be equipped with a fire alarm system throughout the building
2. Provide a 2A.1 OBC fire extinguisher for each ~,OOQ square feet or each 75 feet of
travel distance.
3 Provide'fire]ane;markings, including sighs in tt]e,hammerhead.area.
4 Provide'approved exitsignage throughoLJUmd proper panic hardware.
5.* Record,a"parking use easement" on the vacCI.otlot where the fire department
turnaround crosses the property line on APN 317"520-14
EY-'ftIBIT 6
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1 Grading elf the ;subj~c;:t" property shall be in aC,cordance'with the Uniform Building
Code; Cit'yGrading:Qrdinance, approved grading plan and 'geotechnical reRort, and
accepted grading pr?ctices.
2, A grading pian forthedev~lopmentof the property shall be submittedtothe Gity!s
Engineering Services' Department ~or review'and approval prior to issuance of a
gradiOg peflT)it'anq start 'of grading operation unless grading involve,s earthwork
moliementoflessthan 50 cubic yards. If no grading.is required, a certification from
a St?teRegister~dCiliil Engineer indicating the ,amount of earthworK .shall De
furnished to;,said City's Engineering Services Department anda $500 inspEfctionfee
shall be paid priorto building permit issuance,
3 A soils report<shallbe; prepared by a qualified engineer licensed by the State.of
California tCl perform such:work. Copies of the report shall be submittea with the
grading plan.
4 All new slopes shalL:be a maximum of 2:1 (horizontal to vertical).
5 A certification of line and grade'and final compaction report, prepar~d by the project
civil engineer, shall besubmitled and approved pn6rto issuance of building permits.
6 Erosion control, including but not limited to desiltatiqn b}lsins. shall be installed and
maintained from oei. 15th to April 15th. An ecosiqocoiitrol plan shall be prepared
by the project civil engineer. and shall be subm[ttedi<!S part of the grading plan. The
developer shall make :provlsions to insure the proper maintenance of all erosion
control deVicesthroughouttheir intended life.
7 Paving of the parking lot' shall conform to the star'id?rqs as set forth 'in Section
1,2.20:080 of the City Code. Afldfiveway approaches shall be with alley-type
returns, unless otherwise approved by the Dire'ctor of Engineering
8. ' No parking space .50<'111 be allowed within City's easement(s) unless otherwise
apprgved by the Director of Engineering Services,
UTILITIES
1 Should there be a need for new fire hydrant/s, a water system .analysis shall be
prepared to e.!';tablish the proper size and .location of the public water system.
~ppiicant"soa!l pay to the City the CClSt ofpreparing':theanalysis priorto submittal
of improvement plans. Improvement plans prepared by Registered Civil Engineer
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Resolution No P- 99003
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shall be submitted .for 'approval by Engineeriog Services Department. Plan check
and inspection expenses shall be'paid'by ttie developers.
2. Proposediandex[sting telephone, gas, electric, water, sewer, and other public utility
linesanq appurtenances, shall be shown on the grading plans.
3 AlLon~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
other than within public streets shall have an easement, a minimum of.20 feet wide
for each line, dedicated tothe.City ot'Poway Multiple parallel facilitieswllI:reqUire
additional easement'widthfor on-site facilities~, Easement dedicationshaU be
recorded prior to issuance of a certificate of occupancy A. processing fee shall be
paid to'the City:s,Engineering Department at first submittal of documents forr'evieliv
5 All public utilitylines (Le."water, sewer, drainage) not located within public. streets
shall have an imp,roved access' over and ~lIorig the re~1Pective easement, ,the
surfacing and width'Qfwhich shall be acceptable to the City Enginee'r
STREETS
1 Applicant shall fully imprClye the PClmerado Road frontage to circulation element
standards or pay,an ih~liel:J fee of $20,000 00, This requirement shall be met prior
to certificate of occUparicy
2. Prior to building pei;mit,issu.ance applical1t shall execute a covenant ofimprovement
requirement for Rimoath Road for applicant to participate with adjacent property
ownerS to construct an<;l. maintain Rimbach Road to city standards Said covenant
shall be reviewed 'and' approved by the city prior to recordation.
3 Plans for the construction of public improvements, prepared on standard sheets of
mylar by a Registered CiviLEngineer, Shall be submitted to the City's Engineerir:lg
Services'[)epartment for review and approval. Plan check and inspection fees shall
be paid by the developer '
4 Performance and.payment bonds for the c;onsttLJctioh btpul;ll[cimprovements shall
be posted with the City prior to improvement:plan approVal. A,warranty:bond shall
be posted with the City prior to acceptance of ,improvements.
GENERAL REQUIREMENTS AND APPROVALS
1, Prior to building permit issuance, appropriate'water, ahd sewer fees shall'beipaid
to the City's Engineering Services. Department. Sewer fees shall include, but is not
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Resolution Nci. P- 99-03
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limited, to conQectiori fee, cleanouffee, and installation inspection fee These.fees
are subjectto change without prior notice.
Meter Size Cost Water Lateral ,Exoansion Fee SDCWA Fee*
3/4" $130 00 $1,350.00 $3,710.00 $1,585.00
1" $270_.00 $1,43000 $6,678.00 $2,536.00
1.5" $600.00 COST $,10,388.00 $4,75500
2" $1,775.00 COST $16,69400 $8;242.00
* This fee is subject to change without further notice. ARplicableonly to water meter for
domestic use, "(he amountab be paid shall bethatin effect at time of payment SDCWA
fee shall be paid by separate check.
For a meter size not listed above, please contact'Engineering Services.
Sewer Fees are as follows:
Sewer connection fee**
=$5,301 00
** Based on the number of fixtures equal to 13 per the floor plan available at the time of
conditioning which is equal to 3.25 EDUS, a differenceof2.25:EDUS at $2,356 OO/EDU
is required prior to building permit issuance. An additional fee shall be added to the above
fee if fixtures are increased beyond 13
2.* The following fees shall be paid or a security bond posted prior to issuance of a
building permit If a security bond is posted, paymeritof the fees shall be made prior
to issuance of a certificate of occupancy Once payment is received in 'full said
security bond could be released to the applicant
Traffic mitigation
Park fee
=$2,310.00
=N/A
3 A right-of-way permit shall be obtained from the City's Engineering Services
Department foranywcir~ 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, s'ewer lateral installation, water service line. installation, and
street construction.
4 Applicant shall acquire all required easements for the parking lot expansion from
adjacent property owners. A copy of recorded easement shall be submitted to
Engineering Services prior to building permit issuance,
5 Any necessary street right-of-way dedication to the City for Pomerado Road shall
be made prior to certificate of occupancy
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Resolution No, P- 99-03
Page 8
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of January 1999.
Michael
I hereby ertily under the penalty of
perjury that the above and
foregoing is a true .and correct copy
of Resolution No.P -1 "f - 0 '3 ,
os adopted by the City Council of
Poway. Callf,?rnia onlhe I ~ .bt:.-
dayOfOn~,~"'nJ.' 19~
LORlcANN~ PEOPI!ES+T CLERK
byqM I CL.u.. mOL
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ATTEST.
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con
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I, Lori Anne Peoples; City Clerk of the City of Poway"do hereby certify, under the
penalty of pe~ury, that the foregoing Resolution, No. P-99-03 . was duly adopted by the
City Council at a meeting of said City Council held on the 12th day of
January , 1999, and that it was so adopted by the following vote,
AYES.
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSTAIN: NONE
ABSENT: NONE
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LorilAnne Peoples, City erk
City of Poway
N:IPLANNINGIREPORTlCUP9B05.RES
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