Covenant Regarding Real Property 2000-0113229Doc" =Loo= .0113229
f' OR 07, 2000 8 Z OJ Am
RECORDING REQUEST BY: )
OFFICIAL RECORDS
CITY OF POWAY ) SAI) DIEGO COIfr(TY RECORDER'S OFFICE
1,636 GREGORY J. SMITH,: COUNTY RECORDER:
WHEN RECORDED, MAIL TO: ) FEES: 31.00
CITY OF POWAY ) �IIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIh
P O BOX 789 ) 2000 - 0113229
POWAY CA.92074.0789 )
No TransferTax;Due ) (This space for Recorder's.Use)
COVENANT REGARDING REAL PROPERTY
John W. Pfister and Jeraldine V. Pfister, Trustees of the J & J Family Trust UD/T
Dated 5/5/87; PROPERTY OWNERS ( "OWNERS" hereinafter), are the owners'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 317- 021 -26; (''PROPERTY
hereinafter): In consideration of the,approval of Conditional Use Permit 99 -14, by the City
of Poway ( "CITY" hereinafter), OWNERS hereby agree to abide by conditions of the
attached resolution (Exhibit B).
This Covenant shall run with`the land, and be binding upon andinure to the benefit
of the future owners, encumbrancers, successors, heirs, personal representatives, .
transferees and assigns of the respective parties:
In' the event that Conditional Use Permit 99 -14 expires or is rescinded by City
Council at the request of'theOWNERS, CITY shall expunge this Covenant from the record
title of the PROPERTY.
In the event of litigation to•enforce,the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the otherparty.
Dated: _1 Y� y �Oon
Dated: Q- a S' —a non
On
A
ITY OF POWAY
(Notarize)
(Notarize)
Dated: By: N44
Niall Fritz, Director of Dejlopment Services
IFORNIA,ALL -PUR &E ACKNOWLEDGMENT • 1637
State of c YQ� CL-11
County of J \J {
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personally appeared J W J f.
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u personally knownto me
'proved to me on ;he basis of satisfactory evidence
to be the persono whose name re subsc ed to the
within instrume t and acknowledged to me th he sheffpey-
executed the same ,in is homed capacity(iesj
and that by h9641;i r:signature(aj on =the instrument the K
JUUE'NI. ESPINOZA personS&Kor the entity upon'befialf of which the person(.ej' y
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NiNo3y RbOc - t.cGfanifa �_ >
Svrde9°+!!1Y WITNESSm
MyP.amuE�esOd15,�0 y hand and official seal l
���' Signature of Dory PuGhc
State of
County of
On oL / GC (� I y 'before me,d
T— Date. ..
personally appeared
'Jane Doe.
El personally known tome
/+ems roved to me-on the basis: of satisfactory evidence
to be the person(s) whose name(s)'is /are subscribed to the
Within instrument and:acknowledged to me that he /she /they
executed the same in his /her /their authorized capacity(ies),
and that by his /her /their signature(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 officinal seal.
C� �Sqn.re of No ary.l.,,,
• •
EXHIBIT A 163`8
Property Description:
PARCEL 2 AS SHOWN ON A PARCEL MAP FILED IN BOOK OF PARCEL MAPS. ON
PAGEi3046 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ;ON
SEPTEMBER 1,9, 1.974„ BEING A_ PORTION OF LOT 26 IN TRACT''F "`OF POWAY, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,..ACCORDING TO: MAP
THEREOF NO. 536, FILED IN THE'OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 7, 1888.
APN: 317- 021 -26
N:\ CITY \PLANNING \OOREPORl1CU P9914. COV
• EXHIBIT B •
1639
RESOLUTION NO. P- 0'0 -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT'99 -14
ASSESSOR'S PARCEL NUMBER 317- 021 -26
WHEREAS; Conditional Use Permit 99 -14, submitted by Gary and Rebecca'Blevins,
applicants, requests approval of a conditional use permit to allow an existing driving school
to continue to operate within a commercial center located at 13514. Pomerado Road,
Suites M, N,.and O. The property`'is:zoned Commercial General. -The applicants are also
requesting approval to expand the business into an adjacent tenant space and to offer
traffic school classes at'thesame location; and
WHEREAS, on February 8, 2000, the City Council held,a duly advertised public
hearing to obtain testimony both pro and con on the above described'item.
NOW, THEREFORE, the City Council does hereby resolve.as.followsr
Section 1: Conditional Use Permit.99 -14 will not result in a significant adverse impact
on the environment and the Mitigated Negative Declaration dated February 8, 2000 and
associated Mitigation Monitoring Program attached to this resolution as Exhibit "A" is
approved.
Section 2: The findings in compliance with Section 17:48.070 of the Poway Municipal
Code for Conditional Use Permit 99 -14 are made as follows:
A. The proposed project is consistent with the General Plan in that it a,private school
or training':facility located on a property designated for'commercial general use.
B. That 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, in that the use
has; operated at ,the subject location for the ,past five years and has! functioned
compatibly with adjacent businesses and developments. In addition, special
operational requirements have been established for the use to insure continued
compatibility with surrounding developments.
C. That,the scale, bulk „coverage and density are consistent with:adjacent uses, in that
the use is operating within an existing commercial building on a completed
developed site.
D. That there are available public facilities, services and utilities to serve the approved
use in that the siteis presently developed and served with adequate public utilities,
facilities and services.
1640
Resolution No. P- 00 -12
Page 2
E. That there will. not.be a harmful effect upon desirable neighborhood -characteristics,
in that the use has operated compatibly with surrounding development and
businesses over the past five years. In addition special operational requirements
have been established for the use to insure continued compatibility with surrounding
development.
That the generation of traffic will not adversely impact the surrounding streets and /or
the City's Circulation Element in that the driving school and traffic school class size
is being limited and'the hours of.operation of the• classes are being regulated to
minimize traffic'congestion in the area.
G. That the site is suitable for the type and intensityof use and`development proposed
in that the .use, will be operating within an existing commercial building on a
completely developed site.
H. That there will be no sign_ificant:harmful effect upon the environmental quality and
natural resources, in that the site is completely developed�and no natural resources
exist on the property.
That there are no other, relevant impacts of the proposed use that cannot be
mitigated.
J. That the impacts, as described above and the location "'ofthe approved project will
not adversely affect the City of Poway General Plan .for`future as well as present
development, in that the General Plan provides for private "schools and training
facilities at this location with the approval of a conditional use permit.
Section 3: The finding in accordance with Section:66020 of the Government Code for
Conditional Use Permit 99 -14 is made as follows:
The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan a''s well as City ordinances because all necessary
services will be able to serve this project. The payment of, traffic: mitigation and sewer fees
are needed as 'a result of the proposed development to protectthe public health,.safety,
and welfare. The fees are assessed on a pro rata basis to provide for regular construction
and'maintenance of City roadways and the City sewer system.
Section 4: The City Council hereby approves Conditional Use. Permif.99 -14 to allow one
driving school class at-any given time serving a maximum of 45+students and one traffic
school class at any given time serving a maximum of 20 students at 13514 Pomerado
Road, Suites M, N, and O.located in the Commercial General zone subject to the following
1• •
1641
Resolution No. P- 00 -12
Page 3
conditions:
A. Within 30 days of approval (1) the applicant shallsubmit in writing that all conditions
of approval have been read and understood; and (2) the property owner shall
execute a Covenant.on Real Property.
B. The use conditionally granted by this permit shall not be conducted in such a
manner as to interfere with the reasonable use of surrounding industrial and
commercial uses.
C. Conditional Use Permit 99 -14 may be subject to annual review as determined by
the Director of Development Services for compliance with the conditions,of approval
and'to addresstconcerns that may have occurred during1he past year..
D. Within 60 days of this approval, the applicant shall obtain a building permit for the
tenant improvements.
E. The traffic school shall not'be established until the building permits required
pursuant to this permit have been finaled by the City.
F. Prior to issuance of'a "building permit, the applicant shall comply with the following:
1. Tenant improvement plans incorporating all conditions of approval shall be
submitted to the Building Division for review and approval. During this
review process, the tenant improvement plans shall.be routed to the Fire
Marshall for review and approval.
2. The improvements shall comply with the latest 'adopted Uniform Building.
Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric
Code, Uniform Fire Code,. and all other applicable codes and ordinances in
effect at the time of building permit issuance.
3. The following development fees shall be paid to the Engineering Division.
These fees;are currently in effect and are subject to change.
Sewee Fees $1,767.00
Traffic Mitigation $ 371.25
G. The required building permits shall be finaled :within 120 days of this approval.
Upon establishment of the use in reliance upon this conditional use permit, the
following conditions shall apply:
164.2
Resolution No. P -0 U- 12
Page 4
1. Sufficient parking availability must be provided onsite: In the event street
parking is prohibited along Pomerado Road; the commercial center
businesses'shall not be dependent upon "on-street parking.
2. The applicant shall insure that the onsite droproff and pick -up traffic
associated with the school is contained on the.subject property and does not
spill over and congest Pomerado Road.
3. A maximum of one (1) driving school class session shall be conducted at the
site at a given time.
4. Driving school class size shall be limited to a maximum of'45 students.
5. Driving school classes shall'not be conducted concurrently with traffic'school
classes.
6: The hours of operation of the driving school classes shall be limited to 7:30
a.m. to 3:00 p.m., Monday through Saturday.
7: Traffic school'class size;shall be limited to a maximum.of 20 students.
8. A maximum of one (1) traffic school class session: shall be conducted at the
site ata given time.
9. The hours of operation of the traffic school class sessions shall be
limited to weekdays, 6:00 p.m. and after.
10. Any signs proposed,for this development shall be designed and approved in
conformance with the sign ordinance under a separate sign. permit.
Section 5` Pursuant to Government Code Section 66020, the 90 -day approval period
in which the applicant may file a protest of the imposition. of any fees, dedications,
reservations or exactions imposed pursuant to this approval shall begin on February 1,
2000.
0
16.43
Resolution No. P- 00- 12
Page 5
APPROVED and,ADOPTED'by the City Council of the City of Poway;, State of
California, this 8th day of February, 2000.
ATTEST:
A.
. , P
A t�kx i fl- M,01A-
Yo6 Anne Peoples, Cit Clerk
STATE OF CALIFORNIA
) SS.
COUNTY OF SAN DIEGO
Michael P. Cafag
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that ',the.,foregoing Resolution No. ,P -00 -12 was duly adopted by
the City Council at a:rneeting of said City'Council held on the 8th day of February, 2000,
and that it was so adopted by the following vote:
AYES: HI'GGINSON, GOLDBY, EMERY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
LorilAnne Peoples, City Jerk
City of Poway
0
0 1644
Resolution No. P- 00 -1'2
Page 6'
Exhibit A
Mitigation Monitoring Program
CUP 99 -14 Poway -Mira Mesa DrivingfTraffi'c School
The Califomia Environmental'Quality Act (CEQA) requires a Mitigation Monitoring Program "for changes to the
project which it has adopted or made a condition of project approval in order to mitigate or avoid significant
effects on the environment. The reporting or monitoring program shall be, designed ,to "ensure compliance during
project implementation" (California Public; Resources Code; :Section 2108.1;6). The following Mitigation
Monitoring Program'identifies the' environmental impact and mitigation measures identified. in the environmental
document reviewed and approved by the City of Poway City Council and the party responsible for
implementation of the mitigation measures.
'Topic
Mitigation Measures
Timing
Responsibility
1. Traffic
a. Maintain sufficient. parking onsite.
a. through e. The
The City of Poway
mitigation
Development
b. Onsite drop -off and pick -up traffic associated
measures shall
Services Department
with the school shall be contained on the site and
be applied. upon
shall be responsible
not cause traffic conflicts on.Pomerado Road.
establishment of
for monitoring the
the uses.,
mitigation measures.
c. A maximum of one .(1) driving school class
If the use does not
session shall be conducted at the site at a given
operate .within the
time. Driving school`classsizes shall be limited to
conditions. established
a maximum of 45`students. Driving school
by Conditional Use
classes shall not be conducted concurrently with
Permit.99 -14, the City
traffic school.classes. The hours of operation of
may set1the
the driving.school, classes shall be limited to 7:30
application for public
a.m. to 3:00 p.m.,
hearing for review by
the City Council. The
d. A maximum of one (1) traffic class session
permit will be
shall be,conducted;:at the site ata.given time.
reviewed annually by
Traffic school classes shall be limited'to a
the City to insure
maximum of 20 students. Traffic school shall not
compliance with the
be conducted at the same:time as driving school.
conditions of the
The hours ;of operation of the`traffic school class
permit'and to address
sessions shall be limited to weekdays, 6:00 p.m.
any unforeseen traffic
or after.
issues that arise.
Traffic; patterns of the
school'will also be
monitored.
NACITY\BLEVINS.RES