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Covenant Regarding Real PRoperty 2002-0793503RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074 -0789 I i8n Cr No Transfer Tax Due 00'7243 D0062002—_0 1 93503 SEP 17, 2002 9_55 Am OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY. J. SNITHo COUNTY RECORDER FEES: 38.00 III 1111111111111111111 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Country Montessori School of Poway, A California Nonprofit Corporation, 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 commonly known as Assessor's Parcel Number 275 - 460 -62 ( "PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit (CUP) 91- 08M(3), Development Review (DR) 98 -16M and Variance (VAR) 02 -05, 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, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that CUP 91- 08M(3), DR 98 -16M or VAR 02 -05 expire or are rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. ELLEN H. PER NOTARY PUE (909) 782 -07 Dated: �' �� U Z Dated: 2 112-10 y M: \planning \forms \Covenants \covenant frm doc OWNER; Wountr y Poway By: S S Notarize ) S�v/xti .�l`�arr /l�.,o,F- PieS��yf pT /Jrzt✓G+' at �t �', CITY OF POWAY By: Niall Fritz, Director of Dev o ment Services RC3b8/ 1sD4 -l9 o2 -1a-7 00 • CALIFORNIA ALL ACKNOWLEDGMENT State of e)9LI FOeA)IA County of 2 l/EL> - 5 10 15- On Ave5f 30, Z(-V Z before me, EC,GG' 70 // P &T1OA11 N PlI& Date Name and Title of Officer in g ,'Jane Doe, Notary Public") personally appeared 67 PHeN has 6P/f mG Plown -t Jo Name(sl of Sienerfsl ELLEN H. PERDOMO m Comm. 91325154 V/ NOTARY PUBLIC - CALIFORNIA Riverside County Ny Comm. Expires Oct. 14,1005 roved to me on the basis of satisfactory evidence to be the personXf whose name((4 is /ay6 subscribed to the within instrument and acknowledged to me that he /she/Wey executed the same in his /ho;/their authorized capacity(ioo, and that by his /14e#41ceir signatureo on the instrument the person(W, or the entity upon behalf of which the personA acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 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: Document Date: 30 200 Z Number of Pages: / / Signer(s) Other Than Named Above: /�LCG%�Q f e` �CtG✓1�CL , /Y //l�!/6� 7 L 1 01 Capacity(ies) by I Signer(s) UC Signer's Name: &_ {� � ner's Name: 07 Individual ❑ Indl 'dual ❑ rporate Officer ❑ Corpo to Officer Tit s): Title(s): El Partn — ❑ Limited ❑ General ❑ Partner — Limited El neral ❑ Attorne in -Fact ❑Attorney -in- ct ❑Trustee ❑ Trustee El Guardian r onservator ❑Guardian or Con rvator 0 Other: — Top of thumb here ❑ Other: Top of Signer Is Representing: _ a -- Signer Representing: � � - _- /Y /D7LL�JZG T L /7 :% -. 01994 National Notary Association • 8236 Remmel Ave., P.O eoz 7184 • Canoga Park, CA 91309 -7164 Prod. No. 5907 Reorder: Cell Toe -Free t- 600.876 -6627 � 00� Page 1 Escrow No. 970289 -A -44A LEGAL DESCRIPTION EXHIBIT A ALL THAT PORTION OF THE EASTERLY 885.00 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE.OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 22, 1876, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER NORTH 00 35' 03" EAST, A DISTANCE OF 495.10 FEET; THENCE WESTERLY ALONG A LINE THAT IS PARALLEL WITH THE SOUTHERLY LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER NORTH 88 11' 35" WEST, A DISTANCE OF 885.09 FEET (885.20 FEET PER MAP N0. 8138) TO THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 1 OF POWAY MEDICAL UNIT NO. 1 RECORDED JULY 2, 1975, AS MAP NO. 8138 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 00 35' 03" WEST (NORTH 00 34' 35" WEST PER MAP 8138) A DISTANCE OF 299.95 FEET (299.99 FEET PER MAP N0. 8138) TO THE POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF MONTE VISTA ROAD (GEORGERUSS ROAD) ; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 88 11' 35" EAST, A DISTANCE OF 97.29 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 170.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37 05' S5" AN ARC DISTANCE OF 110.07 FEET TO A POINT THROUGH WHICH A RADIAL BEARS NORTH 38 54' 20' EAST; THENCE LEAVING SAID CURVE NORTH 38 54' 20" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON A CURVE AS DESCRIBED WITHIN AN OFFER TO DEDICATE (PUBLIC HIGHWAY) RECORDED APRIL 10, 1975 AS FILE /PAGE 75- 083154, SAID _DESCRIBED CURVE BEING THE CENTERLINE OF SAID PROPOSED PUBLIC HIGHWAY, SAID CURVE BEING CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 200.00 FEET; 'THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17 56' 40 ", A DISTANCE OF 62.64 FEET; THENCE TANGENT TO SAID CURVE SOUTH 33 09' 00" EAST, A DISTANCE OF 157.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 200.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55 02' 35 ", A DISTANCE OF 192.14 FEET; THENCE. TANGENT TO SAID CURVE SOUTH 88? 11' 35" EAST, A DISTANCE OF 17.99 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1 AS SHOWN ON RECORD OF SURVEY NO. 8601, RECORDED NOVEMBER 26, 1980, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY;THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1, SOUTH 02 06' 35" WEST, A DISTANCE OF 30.00 FEET; THENCE WESTERLY ALONG SAID LINE NORTH 88 11' 0 5" WEST, A DISTANCE OF 526.7£ FEET TO THE T2U3 POINT OF BEGINNING. EXCEPTING THEREFROM ONE -HALF OF ALL MINERALS, COALS, OILS, PETROLEUMS, GASES AND OTHER KINDRED SUBSTANCES UNDER AND IN SAID LAND, BDT WITHOUT RIGHT OF ENTRY OF THE SURFACE THEREOF, BUT WITH THE RIGHT, HOWEVER, TO DRILL IN, THROUGH OR UNDER SAID LAND OR TO EXPLORE, DEVELOP OR TAKE ONE-HALF OF ALL MINERALS, COALS, OILS; PETROLEUMS, GASES AND OTHER KINDRED SUBSTANCES IN AND FROM SAID LAND, ALL SUCH OPERATIONS TO BE CONDUCTED BELOW A DEPTH OF, 200.00 FEET BELOW THE SURFACE OF SAID LAND, AS RESERVED BY GEORGE J. RUSS AND BIRDEEN J. RUSS, HUSBAND AND WIFE, IN DEED RECORDED JANUARY 29, 1974 AS FILE NO. 74- 022642. DEEMECt /c" /Wnk 00'7.246 • o EXHIBIT B • -• RESOLUTION NO. P -02 -30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 91- 08M(3), DEVELOPMENT REVIEW 98 -16M, VARIANCE 02 -05 ASSESSOR'S PARCEL NUMBER 275 - 460 -62 WHEREAS, Conditional Use Permit 91- 08M(3), Development Review 98 -16M and Variance 02 -05 were submitted by Country Montessori School to allow installation of a 1,440- square -foot modular classroom within the 10 -foot side yard setback area and increase the permitted student capacity from 165 students to 195 students in conjunction with an existing legally established school use located at 12642 Monte Vista Road in the Commercial Office (CO) zone; and WHEREAS, on June 4, 2002 the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1 : The proposed project is Categorically Exempt from the California Environmental Quality Act, pursuant to Section 15314, Class 14, because the project involves a minor addition to an existing school within the existing school grounds and the increase of student capacity of less than 25 %. Section 2 : The findings, in accordance with Section 17.50.050 of the Poway Municipal Code to approve Variance 02 -05, to reduce the side yard setback from 10 feet to 0 feet for the placement of a 1,440- square -foot modular classroom, are made as follows: A. There is a special circumstance applicable to the property in that it is an irregularly shaped lot with only three property lines consisting of a front lot line, and two interior side lot lines. The front lot line is approximately 557 feet in length, and the two side lot lines are 300 and 527 feet in length. Because there is no rear lot line on this site, the strict application of the 10 foot side yard setback along the western property line that is adjacent to commercially zoned property is more restrictive in that a rear property line setback would be 0. Because of this, the strict application of the side yard setback on the western property line deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. B. Granting the Variance is necessary for the preservation and enjoyment of rights enjoyed by other property in the same vicinity and not afforded to the property for which the Variance is sought because the irregularly shaped lot has a greater setback constraint and granting the variance would allow a legitimate use of the property that other properties in the same vicinity enjoy. 007247 00, Resolution No. P -02 -30 Page 2 C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that there is a grade separation between the subject site and the adjacent commercial office. D. Granting the Variance would not constitute a special privilege inconsistent with other properties in the area since other properties in the same zone have been built to equal setbacks. E. Granting the Variance would not constitute a use or activity that is inconsistent or incompatible with surrounding properties since the modular classroom will be consistent with the other properties in the same zone and will not adversely affect residentially zoned property to the south. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. Section 3 : The findings, in accordance with Section 17.48.070 of the Poway Municipal Code CUP 91- 08M(3) to install a modular classroom and expand the permitted student capacity from 165 to 195 students, are as follows: A. The proposed modular classroom would be located on an existing school campus. The 1,440- square -foot classroom is appropriate for the use and location. The design of the classroom is appropriate for the use and the surrounding area in that it will not be visible from adjacent residences and will not be visible from a public street. The proposed project is a permitted use in the CO 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, design and operating characteristics of the proposed use are in accord with the title and purpose 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 standards of the City. B. The modular classroom is appropriate as an accessory structure to the existing school on the site. The facility will meet all required development standards as provided in the Poway Municipal Code. 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. C. The modular classroom, at 1,440 square feet, 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 the site. E. The modular classroom will be located behind the existing school buildings adjacent to the western property line of the 2 -acre property and will not be noticeable from most neighboring properties. Intervening vegetation will soften 007248. 00, Resolution No. P -02 -30 Page 3 the appearance of the classroom from the existing office building to the west. Therefore, there will be no harmful effect upon desirable neighborhood characteristics. F. The modular classroom will allow a minor increase in student enrollment (an increase in 30 students) but will not significantly increase traffic on surrounding streets. There is adequate on -site parking. Therefore the capacity and physical character of surrounding streets will not be impacted and the project is consistent with the circulation element of the General Plan. G. The modular classroom is allowable in the zone, and is small in area compared with the overall property and the existing school. Therefore, the site is suitable for the proposed accessory building. H. The use involves no hazardous materials or processes nor does it affect any natural resources. Therefore, there will not be significant harmful effects upon environmental quality and natural resources. 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. K. The proposed use will comply with each of the applicable provisions of Title 17 of the Poway Municipal Code, except as provided through the approval of Variance 02 -05 for the side yard setback. Section 4 : The findings, in accordance with Chapter 17.52 of the Poway Municipal Code for Development Review 98 -16M to install a modular classroom are made as follows: A. The modular classroom will be built on a previously created pad and will not alter the existing pad area or height. Therefore, the building respects the interdependence of land values and aesthetics to the benefit of the City. B. The modular building is in character with existing development in the area and, will not negatively affect the views of adjacent property owners. The proposal does not otherwise affect the boundaries of the lot or the design of the streets. Therefore, the proposed use does not conflict with the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as but not limited to signs, landscaping, parking areas and streets. 007249 Resolution No. P -02 -30 Page 4 C. There are public facilities, services and utilities available. The addition of the modular classroom is an accessory structure to the existing school facility and is considered a minor addition. Therefore, the proposed project does not detract from the maintenance of the public health, safety and general welfare, and property throughout the City. D. The modular classroom is designed to minimize impacts on the surrounding community by being located away from the street and additional shrubs will be planted to soften its view from the office building to the west. Therefore, the proposed project respects the public concerns for project aesthetics.* E. The proposed project will meet the required design regulations and will otherwise comply with all of the relevant codes and standards of the City of Poway. Therefore, the proposal does not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general. F. The proposed project will comply. with all of the provisions of the Zoning Ordinance and the General Plan with the approval of Variance 02 -05. Section 5 : Pursuant to Government Code Section 66020, the public improvements for CUP 91- 08M(3), DR 98 -16M and VAR 02 -05 are made as follows: A. .'The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City ordinances, because all necessary services and facilities are available to serve this project. The payment of sewer fees is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. The project requires payment of sewer fees and traffic impact fees, which are assessed on a pro -rata basis to finance and provide public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Section 6 : The City Council hereby approves Conditional Use Permit 91- 08M(3), Development Review Permit 98 -16M and Variance 02 -05 allowing the installation of a 1,440- square -foot modular classroom and increase the permitted student capacity from 165 to 195 students at the existing.Country Montessori School located at 12642 Monte Vista Road in the Commercial Office zone as shown on the plans dated April 30, 2002, subject to the following conditions: A. Approval of this Conditional Use Permit 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 effect at the time of building permit issuance. •� •0 007250 Resolution No. P -02 -30 Page 5 B. Within 30 days of the date 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 this CUP shall remain in effect for the life of the subject private school and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. Conditional Use Permit 91 -08 shall be reviewed annually by the City Council to review, at a minimum, noise, traffic and the school's progress in finding a new location for the school. F. Any changes in the approved use of the building, including but not limited to the number of students, will require the approval of a modification to this Conditional Use Permit. Depending upon the scope of such changes, at the discretion of the Director of Development Services, said modification may be processed administratively or may be referred to the City Council for a public hearing. G. The applicant shall obtain a Building Permit for the modular building prior to its use. Prior to issuance of a Building Permit, the applicant shall comply with the ,following: 1. The building plans shall be in accordance with the approved plans on file in the Development Services Department for CUP 91- 08M(3), DR 98 -16M, and VAR 02 -05, along with the conditions contained herein. 2. The building plans shall show a disabled access path of travel from the existing buildings and the disabled parking space to the entrance of the modular classroom. This shall be provided prior to occupancy of the modular classroom. 3. The building plans shall show a fire alarm system for the modular classroom that is tied to the existing fire alarm system for the school to the satisfaction of the Fire Marshal. The applicant shall pay any additional plan check fees as determined necessary by the Department of Public Safety. This shall be operational prior to occupancy of the modular classroom. A. The building plans shall note the location and design of an overlap woodframd fence along the north side of the parking lot extending west to the property line and running north along the property line to the proposed 1,440 square foot modular unit. The fence shall be 8 feet in height except I 0• 00 i251 Resolution No. P -02 -30 Page 6 for that portion that is located within the 10 -foot side yard setback area and on the property line shall be a maximum of 6 feet in height. The design and materials of the wall shall be to the satisfaction of the Director of Development Services and shall be shown on the Building Plans. 5. Details of any new exterior lighting shall be included on the building plans, including fixture type and design. All new exterior lighting fixtures shall be low- pressure sodium and designed such that they reflect light downward, and away from streets and adjoining properties pursuant to Poway Municipal Code Section 17.08.220.L. 6. The following development fees shall be paid to the Engineering Division. The following fee amount is currently in effect and is subject to change. The applicant shall pay the amount in effect at the time of Building Permit issuance. Sewer connection fee = $3.534' [(30 add'I students X 12 gal. /student + 250 gal. /EDU] = 1.44 EDU or 1.5 EDU 1.5 EDU X $2,356/EDU = $3,534 Traffic mitigation fee = $495 "' " 30 students X 1 trip /student X $66.00 /trip X 0.25 = $495.00 H. 7. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of electrical /building permit issuance. 8. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance, and all other applicable City Ordinances in effect at the time of building permit issuance. Prior to issuance of a Certificate of Occupancy the applicant shall: 1. Plant additional shrubs along the western property line in the vicinity of the modular classroom to soften the appearance of the structure from the adjacent office building to the satisfaction of the Director of Development Services. 2. The applicant shall develop to the satisfaction of the Director of Development Services .a traffic control plan that will eliminate to the maximum extent feasible the queuing of cars on the public street west of the westernmost 00'7252 00 Resolution No. P -02 -30 Page 7 driveway. The applicant shall purchase and have installed any signage necessary for the traffic control plan. 3. The site shall be developed in accordance with the approved plans on file in the Development Services Department. A final inspection from the appropriate City Departments (Fire, Engineering, Planning and Building) will be required prior to approval for occupancy. Section 7 : The following performance standards shall apply to the school, including the use of the modular classroom upon establishment of its use: A. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise, and shall comply with the noise standards contained in Chapter 8.08 of the Poway Municipal Code. At no time shall equipment noise from any source exceed the noise standards contained in the Poway Municipal Code. B. All existing lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining premises. C. No loudspeaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance. D. The parking areas and driveways shall be well maintained. E. All landscaping shall be adequately irrigated and well maintained at all times. F. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. Section 8 : The conditions of Resolution No. P -98 -39 shall remain in effect. Section 9 : The approval of CUP 91- 08M(3), DR 98 -16M and VAR 02 -05 for the addition of a 1,440- square -foot modular classroom for a maximum of 30 additional students shall expire on June 4, 2004, at 5:00 p.m. unless, prior to that time, use of the modular classroom has commenced. Section 10 : CUP 91 -08 approved pursuant to this Resolution and Resolution No. P- 98-39 shall be the subject of a public hearing to revoke the permit so the use will cease no later than June 4, 2005 unless prior to that date the City Council approves a modification to the permit allowing a different date for the use to cease. .l r� •• 007253 Resolution No. P -02 -30 Page 8 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 4th day of June 2002. . ATTEST: AAA ko rr *Lorinne Peoples, City C rk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 02 -30, was duly adopted by the City Council at a meeting of said City Council held on the 4th day of June 2002, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON ALodinne Peoples, City CI City of Poway rn A planning \02report\cup \91 -08m3 \res.doc