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
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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rescinded by City Council at the request of the OWNER, CITY shall expunge this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
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OWNER; Wountr y Poway
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CITY OF POWAY
By:
Niall Fritz, Director of Dev o ment Services
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CALIFORNIA ALL ACKNOWLEDGMENT
State of e)9LI FOeA)IA
County of 2 l/EL> - 5 10 15-
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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
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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
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Document Date: 30 200 Z Number of Pages: / /
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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
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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