Covenant Regarding Real Property 1996-0604551.
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RECORDING REQUEST'BY:
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CITY'OF POWAY
WHEN. RECORDED MAIL TO:
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CITY CLERK.
CITY OF POWAY
P O'B.,!?, 789
POWAY CA 92074-0789
No Transfer Tax Due
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D~ # 1996-0604551
03-DEO-1996 08=40 AM
OFFICIAL RECORDS
,SAN DiEGO 'COUNTY 'RECORDER'S OFFICE
GREGORY'SMHH;"COUNTY RECORDER
RF: 13.00 FEES: 31.00
. . . AF: 17.00
'MF: 1.00
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Gary and Barbara 9hartebols ("OWNERs. hereinafter) are the.owners of real property described in
Exhibit A which Is attached hereto and',made a part hereof and which.is corilmonly'known as,Assessor's
Parcel Number '317-152'{)8 ("PROPERTY" hereinafter). In consideration, of the ap'proiililof Modification to
Conditional Use Permit 86'{)9(M) and Minor Development Review 96-34 by the City of P6way ("CITY"
hereinafter), OWNERs hereby agrees to abide by conditions of the attached resolution (Exhibit B).
This Covenant shall runwlth'the land and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors; heirs, personal representatives, transferees and assigns ofllie
respective parties.'
In,the,event,thatjModificatlon,to,.ConditI6nal Use Permit 86,o9(M)1and ,Minor Development Review
96-34 expires ,or Is rescinded by GltY. Council at the request o(the OWNER, CITY shall expunge this
Covenant from the record title of the PROPERTY
In the event of litigation to enforce the provisions of thlsCovenant,.the prevailing party shall be
entitled to fuJrrelmbursemenl'of ail costs, Including reasonable attorneys'fees,from the other party.
Dated:
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Dated:
Dated:
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, Gary rlebois, OWNER (Notarize)
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Barbara'Charlebois, OWNER (Notarize)
CITY OF POWAY
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By:
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LEGAL DESCRIPTION
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All that portion of the Southwest QIIArt,er of Sectiun 14, and of the ih1rthwest
Quai-.ter ,of Section 23, Township 14 South, Range 2 flest,San Bernardino fleridian,
,in the ,County of San ,Diego, State of Ca1H~rnia, according to the official plat
of said land filed'1n the District Land Office, October 28, '1879, described as
fo llows:
Beginning at the comer COnunon to Sections 14, 15, 22 and 23 in said Townshtp 14
'South, Range 2 fiest, ,San Bernardino Heridian, said corner begin also' a point in
the Westerly line of' that certain tract of 1andconvey.cd to John Lawson by deed
recorded in Book 701, page 117 of Deeds, Records of said San Diego County; thence
along said West line of sai.d Lawson land South 00026'05" East (Record South 00"30'00
East) 253,60 feet; t.l],~nc.c along the South line of said Lawson land North 87003'00"
East (Re,cord,North850,OO'OO" East) 355,84 feet to the Southwesterly corner oT the
land .descrilied in deed' to Harry D, Doucett and wife, recorded Febru'ary 27,. 1958, a's
Document No. 32599, in Book'6971, page 188 of Official Records; being the TRllE POINT
OF BEGINNING; thence' along the Westerly nne oCf said .Jluucett land North 00042' 10"
East 329,66 feet to snang'!e point therein; thence continuing along said Weste.rly
line North 50005'30" East. 135.75 feet to the most Northerly corner of said Doucett
land, being also a point' in the center line of the 40 foot County Road known as
Miramar Road as described in said deed to Lawson, thence along said center nne
South. 68053'10" East 47..42 feet to the Northwesterly comer of land described in
deed to RobertG. Anaya 'and: wife recorded October 10, 1963 as file No. 181098 of
Official Records; thence along the Westerly line of said land South 16049'50" West
415.81 feet to said Southerly line of Lawson land: thence along said Southerly line
South 87003"'00" West 32,,06 feet to the TRUE POINT OF BEGINNING.
EXHIBIT A
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CALIFORNIA ALL,PURPOSEACKNOWLEDGMENT
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StalElof
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County of
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On \\)oJ"'~....r 2.7. \'{'{b
Date
before me, ~,.He..r ~"i\...< j",s, Wc*""ry p,-,6\ ;c..
Name and Title of Officer (e.g., "Jane Doe, Notary Public'.')
personally appeared '.3",r\" Cho.r\eloo,s ",,,cl EGvb~r,... c.h.ulc.6o"
Name(s) ofSigner(s)
o personally known to me - OR--J&Proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s~e'subscribed to the within instrument
and acknowledged to me that be/8I'm/they executed the
same in bis/her/th.eirauthorized capacity(ies), and that by
bis/~/their signature(s) ()nJheinstrument the per$on(s),
or the entity upon behalf 01 which the person(s) acted,
executed the instrument.
~_-"':;...: JA1VlERIGLESiA,S I
o' ' ,COW;:0l106091 0
In a NOT~ In
~ NJVO
I,' m.l!IllO ,I
WITNESS my hang and, official seal.
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Signatu.~e 91 Notary Public
, OPTIONAL
Though the information below is not requi!ed't;JY1~w!it.[fIay prove valuable to persons relying on the document,and could prevent
fraudulent remova/'and'reattachrrient of this form to another document
Description of Attached Document
Title or Type of Document:
C::OV~"""'-* (./."":1....,..<\;""::) ~\ Pr",p..r-ty
Document Date,
LL-<..1-'t1.
Number of Pages: --10-"'-=
Signer(s) Other Than Named Above:
'0 c;) ......'-
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 Conservator
D Other" Top of thumb,nere
RIGHT THUMBPRINT
,OF: SIGNER .
o I,ndividual
o C()rporate Officer
Tiile(s):
o Part!1er-D lCimited D General
D Attorney-in-Fact
D Trustee'
D Guardian or 'Conservator
o Other" Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
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<tl1994 National Notary,.Ass~lati~n. ?236 ~emmetAve. P.O.,Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toli,Free 1.800-876-6827
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RESOLUTION NO. P-96-66
A RESOLUTI ON OF TH E C ITV COUNC 11
OF THE m'vOF POWAY, CALIFORNIA
APPROVING MODIFi'CATION OF CONDITIONAL
USE JlERMIT 86-09 AND MINOR OEvwiPMENT REVIEW 96-34
ASSESSOR'S PARCEL NUMBER 317-152-08
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WHEREAS" M!ldification, to Conditional Use Pennit 86-09 and Minor Development
Review 96-34, Oa~ Knoll Country 'Day School, requests approval to constru'ct an
1,800 square foot presch!lol classroom building as an expansion of an existing
preschool facil ity located at 12271 Oak Knoll Road, in the CB and RS-l zones.
WHEREAs, on 'September 24, 1996, the City Council held a hearing on the
abovereferericed item.
NOW, THEREFORE, the City Coune il does hereby resol ve as follows:
Section 1: Environmental Findinos:
The City Council determines the project tp b,e categorically exempt, Class
14, under the provisions of the California Environmental Qua1TtYAct.
Section 2: Findinos:
Conditional Use Permi t86-09 1M)
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The proposed project is consistent ,with the general pl an in that
schoo 1 sare permitted to1 ocate with.i n commercial. and residential
zones with the benefit of a conditional use permit.
2. That the 1 ocat ion, siz~" des ign, and operati ng characteri sfi cs of
the use will be compatible with and will 'not adversely affect or be
materi ally detrimental to adjacent commerci a 1 uses, residents,
buil di ngs ,structures" or natural resources in that the church has
operated compaU bly on the presents ite s irice 1986.
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3. That the scale, bulk, coverage, and. ~~!lsity is consistent with the
adjacent uses, in that there are semi-=public uses located on eUher
side of the school which are suburban in sCeile, a mix of one and
two-'story buildings.
4. That there are available public facilities, services, and utilities
to serve the use.
5. That there will not be harmful effects ~pon desirable neighborhood
characteristics, in that preschools provide a needed service to the
conimimity.
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Resolution No..P-96-66
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T~a.t the generation of tra~fi.c w.ill not adversely impact the
surrounding streets and/or the City's Transportation Element in that
the school will provide all needed off-street parking within its
property.
7. That the site is suitable for the type and intensity of use as this
project is the expansion of an exfstingpreschool which has existed
on the present, site for more than ten years.
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8; That therewi.ll n!lt be significant harmful effects upon the
env i ronmental qual i ty and natural resources in that the site is
completely developed, and contains no native plants or animals.
9. That there are no other relevant negative impacts of the use that
cannot be mitigated.
Minor Develooment Review 96~34
1. The approved project is consistent with the General Plan as
discussed ~bove~
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That the apl!lioved project wi 11 not have an adverse aesthet i c,
health, safety; or; architecturally rel ated impact upon adJoini ng
properti es in that .i t w.i 11 be a replacement of a former cl assroom
building. Thenew;st~ucture will be constructed and finished so as
to match the rest of the school complex.
3. That the approved project encourages the orderly and harmonious
appearance Of structures and property within the City in that the
building des'igns are, reflectlve of the rustic architectural themes
of the Community Business District.
2.
*Environmental mitigation measures are indicated by the use of *asterisks.
Section 3: Citv Council Decision:
The City Coundl he~ebyapproves Modific,ati,on of Conditional Use Permit
86-09(M) and Mi nor Devel opment Review 96-34, subject to the following
conditions:
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Within 30' days of approval (1) the appl icantshall 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.
The use conditionally granted by th,is permit sh,all not be conducted in
such .a manner as to interfere wi th the reasonable use and enjoyment of
surroundi ng res'identi al and commerci al uses.
This condjtional use permit shall be subject to ilrmualreview 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
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Resolution No. P-96-66
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cOlnlliiance'wfihtheconditi,ons of approval, or the Pl!lnning Servtces Department
has recejVed C:,onipl aj nts, therequi red,annual review s~all be set foy,a publ i c
hearing before the City Council , to consider modification or revocation of the
use permit.
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COMPLIANCE WITH THE, FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT'
1. Site shall be develop,ed in accordan'ce with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Reyisedsite plans and building elevations incl:)rpOratjng all condjtions of
approval shall bi~ submitted to the Pl anning Seivices Department prior to
issuance of building permits.
3. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance:andall other appl icable City Ordinances in effect at
the time of building permit issuance.
4. All roof appurtenances, incl uding ai r conditioners, 'shall be
architecturally, integrated, screened from view and sound buffered from
adjacent properties and streets as required by the Planning ServiCes
Department.
5. Prior to any use of the, new building space, all conditions of approval
contained herein shall be completed to the satisfaction of the Director of
Plannin~ Services.
6. The applicant shalt complywHh the latest ad()pted Uniform Building Code,
Uniform Mechanical Code ,Uni form Pl umbj!ng Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
7. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approva'l.
LANDSCAPE IMPROVEMENTS
1. Street trees., a minimum of 15 gallon size or larger, shall be installed in
accordance; with the City of' Jloway Guide to LandScape Requirements and
shall be planted at an average of 30 feet on ,center spacing along all
streets.
2. Landscaped areas within the adjacent publ i c right-of-way shall be
permanently and fully maintained by the preschool.
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All landscaped areas shall be maintained in a healthy and thriving
conditfon, free from weeds, trash, and debris. The trees shall be
encouraged' and anowed to retajn a natural form. Pruning should be
restricted to maintain the heal,th of the trees and to protect the public
safety. , Unnatural or excessive pruning, including topping, is not
permi tted.
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Resolution No. P-96-66
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Any signs proposed, for this deveropment shall be designed and approved in
conformance wi th the S'ign Ord.i nance.
CO~pLIANCE IIlTH THE FOUOIlING CONDITIONS .IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
GRADING
1. The app 1 i cant sha 11 pay a $500.00 inspect i on fee to the City's Eng i neeri ng
Services Department 'prior to building permit issuance. Such fee is to be
used to pay for City Inspector's time in .mak'ing necessary inspections of
the project site that are required prior to issuance of said building
permit and/or Certificate 'of Occupancy.
2. The appl icant/owner shall dedicate to the City an easement, a width of
10.00 feet wi de of Oak Knoll Road along the property 's frontage. Sa i d
easement shall be recorded prior to issuance of a certificate of
occupancy.
3. The southerly side of Oakl(noll Road shallb,e improved to widen the street
roadway to 40.00 feet {from curb to curb). Improvement shall include
street paving, construcfion of concrete curb, gutter and s.idewalk, and
relocation of the existing fire hydrant at a location to be determined by
the Fire Marshal.
4. A right of way permit shall be obtai,ned from the City's Engineering
Services Department for any work to be done within the public right-of-way
or any City-held easement. Said work shall include, but is not 1 imited
to, construction of driVeway approach, sewer later i nsta 11 at i on, water
service line installation, and street construction.
5. The following development fees shall be paid. to the Engineering Services
Department pri or to bu,ild i ng pennit issuance. These fees are currently in
effect and are subject to' change.
Sewer Connection
= $2,827.20
412.50
Traffic Mitigat.ion
6. The finished f1 oor elevation of thebu.i,Jdi ng ,in ~he floodplain fringe
area, shall be at least one-foot higher than'the IOO-year flood elevation.
An Elevation certificate of the finished .floor, prepared by a land
Surveyor or Civil Engineer, shall be submitted to the City prior to
occupancy.
COMPL:IANCE IIITH THE FOLlOWING CONDITIONS .IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY tHE DEPARTMENt'OF SAFETY SERVICES.
1. Roof covering shall be fire retardant as per UBC Section 3203(e) and per
City of 'Poway Ordinance No. 64.
2'. Approved n.llmbers or addresses shall be placed on the building in such a
pos'ition as to lie plainly visible and legible from the street fronting the
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Resolution, No. P-96-66
Page 5 '
,1ll';Oper;ty. Sai,d numbers shall contrast wlththeir background. Address may
be required at' pr,ivate driveway entrances. '
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3. 'Provide a Knox security key lock. an~ or box to be located on building,
required by the Poway Fire Department.
4. Relocate gate opening 'in. fence on southwest side to its original locat.ion
to facilitate 'emer.gencyaccess from 'adjoining property (through grass and
p 1 aygroundarea) .
5. The un~erside ,of the building shall be protected by. a one hour rating to
mitigate the elevated floor arid exits from classrooms. This shall include
the underside of stairs on t;,~e south side and the ramp on the north side.
Heavy timber shall also 'be used to achieve this one hour rating.
6. The applicant shall extend the fire alarm system throughout. the new
building.
APPROVED and ADOPTED by the City Council of 'the City of Poway,State of
California, th.is24th day of Septeriiber 1996.
Don Higginson;
J~D LJ
ATTEST:
'-n 12. ~"v~ i:/ ~)\JVIv'i L
Marjorie K. Wahlsten, City Clerk
'I hereby certify, under the penalty
0/ perjury, that the above and
foregoing is~ a true and;::correct
~opy of Resolution No!!: '?t'OCt. C-
as adopteCl by the City C~u~cll 01
Poway, 'Elifornia on the....Qc4,U.
<lay 01 ~ '/If<;o/
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MARJORIE KWAHLSTEN;CiTY CLERK
by: C r:. 7tJ~ tz....
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Resolution No. P-96-66
Page 6
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SlATE OF CALIFORNIA
COUNTY 'OF SAN DIEGO
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I, Marjori e K. Wahl sten, City Cl erk of the Ci ty of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-fg-66 , was duly adopted by the City Council at a meeting of said City Council
he . on the 24th day of September , 1996, and'. that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, REXFORD,HIGGINSON
NONE
NONE
EMERY
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M~rjorie K. Wahlsten, City Clerk
Ci ty of Poway ,
E:\C1TT\PLANN1NG\REPORT\CUP86Q9M.RSO
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