Loading...
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 transferees and assigns of the respective parties: In' the event that Conditional Use Permit 99 -14 expires or is rescinded by City Council at the request of'theOWNERS, CITY shall expunge this Covenant from the record title of the PROPERTY.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 { On g dv � e iyl �l�l before me,, �J C l�l, ( . Dale i• P N ma d T le � dl „ (%{ —_ 1 0 Y I l,' 1 ' 1 . Wt ! � � 1 B.. Jane Doe. Notary Puau C personally appeared J W J f. Nm( fSg h) K 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 COmmlislonfZiZ1�BDB acted, executed the instrument.. T 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