Covenant Regarding Real Property 201-0668909RECORDING
REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
No Transfer Tax'`Due
DOC 0 2001066890
SEP 19, 2001 8:10 AM
3 0'91 OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 28.00
(This space for Recorder's Use)
II�
COVENANT REGARDING REAL PROPERTY
Poway Library Plaza LLC,.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 Numbers 317 - 101 -09, 317 - 101 -10,
and 317- 101 -31 ( "PROPERTY" hereinafter). 'In consideration of the approval of CUP
01 -06 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, encurnbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that CUP 01 -06 expires or is rescinded by City Council, at the
request.of OWNER CITY shall expunge this Covenant from the record title of
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 other party.
OWNER:
Dated: cJ,!! /0 / By:
Taw�:i✓ tssh�L (Notarize)
l na�ag.' /�Iemd«
CITY OF POWAY /
Dated: By: pow
Niall Fritz, Director of Development Services
n: \city \p1anning \cup \cup01 -06 cov:doc
C -up of -a�o
_ 0 1 -iS9
Fly CALIFORNIA ALL- PURP(,& ACKNOWLEDGMENT
State of CQ\irmani fff. 3OJ9'2
County of Se^ 'D 1 S!3n
OnSefi7pyltbYr �� ano( beforeme, ��'2e�ie ppgYl h /u Dub�it.,
pat Name and The of officer (e.g.. 'Jane Doe, hrolary Publf; j
personally appearedjhno`1�1� Y%�2 lSSh ER— —
Nem (s) al Signerys)
❑ personally known tome -OR - ETproved tome on the basis of satisfactory evidence to be the persons)
whose name(*,, is /are:eubscribed'to the within instrument
and acknowledged to me that he /5he4hay.executed the
same in his /herfttaair authorized capacity(ies), and that by
his /499tbeic.signature(s) on the instrument the person(s),
orthe entity upon behalf of which the ,person(%) acted,
executed the instrument:
ELIZABETH F. DEAN
Commission A 1 ?36279
NOW Public - Cam.
s DW COWN
amwrCorrim. F 4*7.
WITNESS my hand, and official seal.
�"404 4&A,�
Signature of Notary Public
OPTIONAL
Though, the information below, is not requitad 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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):,
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):.
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardiah'or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMB PRINT
GFSIGNER
I-
0 1994 Nalionat Notary Associalion • 8236 Rommel Ave.. Po, Box 7 164 • Canoga Park, CA 916097104 Prod. No 5907 Reorder: Call Toll Free 1600 -876 -669
30.93
All that portion of the Southwest Quarter of the Northwest Quarter of Section 13, Township
14 South, Range 2 West, San Bernardino Meridian, in the City of Poway, County of San
Diego, State of California, according to Official Plat thereof, described as follows:
Commencing at the Southeast corner of said Southwest Quarter of the Northwest Quarter;
thence along the Easterly line of said Quarter, Quarter North 01 °40'30." East, 50.00 feet to
a point on the Northerly boundary of the public road known as Poway Road R.S. 944 and
R.S. 1713 -1; thence continuing, along said Easterly line North 01 040'30" East, 150:00 feet
to the Northeast corner of, the land described in deed to Pomerado County Water'District,
recorded. September 4, 1970 as File: No. 165188 of Official Records; thence along the
Northerly line of said land, North 89 008'30" West, 100.00 feet to the True Point of
Beginning; thence retracing South 89 °08'30" East, 100.00 feet to the Easterly line of said
Southwest Quarter of the Northwest Quarter; thence along said Easterly line, North
01 040'30" East, 190.02 feet to a point on the Southerly boundary of Heritage Hills Unit
No. 4, according to Map thereof No. 6486, filed in the Office of the County Recorder of
San Diego County, September 23, 1969; thence along said Southerly boundary North
89 °08'30" West, 482.41, feet to a point on the Easterly boundary of the public road known
as Tarascan Drive; thence along said Easterly boundary South 01 *33'47" West, 319.76 feet
to the beginning of a tangent 20.00 foot radius curve, concave Northeasterly; thence
Southerly, Southeasterly and'Easterly along the arc4of said curve through a central angle of
90 °42' 17" a distance of 31.66 feet to a point on the Northerly boundary of said Poway
Road; thence along said boundary South` 89 °08'30" East, 361.41 feet to the Southwesterly
corner of said Water. District Land, and a line which bears South 01 0.40'30" West from the
True Poinuof Beginning; thence North 01 *40'30" East, 150.00 feet to the True Point of
Beginning.
Excepting therefrom the Westerly, 120.00 feet measured along the Northerly line.
The Easterly line of said Westerly 120.00 feet being drawn parallel with the most Westerly
Line of the above described land and the Southerly prolongation thereof.
APN: 317- 101 -31, 32, 09
ALTA Owner's Policy
3094
EXHIBIT B
RESOLUTION NO. P- Oi -47
A RESOLUTION OF THE CITY'COUNCIL
OF THE CITY OF POWAY.',.CALIFORNIA
APPROVING CONDITIONAL „USE PERMIT 01 -06
ASSESSOR'S PARCEL NUMBER 317 - 101 -09, 10, AND 31
WHEREAS, CONDITIONAL USE Permit 01 -06, submitted by Tim Meissner,
applicant, requests a Conditional Use Permit to establish an adult day care facility at 13172
Poway Road in the Poway Library Plaza in the Town Center zone. The use would occupy
anew 5,998- square -foot building (Building D) previously approved under DR 00- 22,which
also included renovation of the shopping center; and
WHEREAS, on September 4, 2001, 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 herebyresolve as follows:
Section 1: The City Council finds that Conditional Use Permit 01 =06 is Categorically
Exempt from the provisions of the California Environmental Quality Act, as a Class 1
exemption, pursuant to Sec. 15301(a) of the CEQA guidelines, because itis a use permit for
a previously approved structure involving only minor interior and exterior alterations.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for Conditional Use Permit 01 -06 establish an adult daycare facility at 13172 Poway
Road in the TGrone, are made as follows:
A. The proposed facility would be located in an existing' shopping center. The size of
the facilities is appropriate for the use and location. The design of the facility is
appropriate for the use and the surrounding area. The proposed pFdject is permitted
use in the TC 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 is 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 use will be located in a newly constructed building. The location, size and
design of the proposed facility are appropriateJor the area and are consistent or
superior to surrounding development. The facility will be operated under license of
the State of California. The facility will be required to meet City of Poway standards
for noise and operating hours, =and parking /loading: 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.
3095
Resolution No. P- 01 -47
Page 2
C. The facility 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 adequately serve the
use.
E. The proposed use wilLnotcreate a negative visual "impact. Therefore, there will not
be a harmful effect'upon desirable neighborhood characteristics.
F. The project will not. increase traffic beyond the capacityof Poway Road and other
streets serving the`project. Renovation of the,shopping center, pursuant to DR 00-
22 -which approved.the construction of Building D, will involve closing one driveway,
which' will :improve traffic safety. Therefore, the generation of traffic will not
adversely impact the capacity and physical characterof surrounding streets and /or
the Circulation Element of the General Plan.
G. The proposed adult day care,facility is allowable in the zone, and is small in area
compared with the overall property. Therefore, the site is suitable for the type and
intensity of use or development that is proposed.
H. The use involves no hazardous materials or processes, nor does it significantly
affect 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.
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 ormaintained will not be detrimental to the public health, safety
or welfare, or materially injuriou Ito properties or improvements in the vicinity nor be
contrary to the adopted General Plan; -and
K. That the proposed conditional use will comply with; each of the applicable provisions
of Section 17.48.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves Conditional Use Permit 01 -06 to establish
an adult day care facility, with an outside yard approximately 2,200 square feet in area, in a
5, 998 - square - foot building approved pursuant to DR 00 -22 at 13172 Poway Road Building
D in the TC zone, as shown on the: plans dated May 21, 2001, subject to the following
conditions:
3096 10
Resolution No. P- 01 -47
Page 3
A. Approval of this CUP 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.
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 CUP 01 -06 shall remain in effect for the life of the subject adult
day care facility and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. CUP 01 -06 may be subject to annual review as determined by the Director of
Development Services for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year.
F. The applicant shall obtain a building•permit associated with DR 00 -22 for Building D
prior to the establishment of the.use. Prior to issuance of any Building Permit the
applicant shall comply with the following, as applicable:
1. Tenant improvementsIor the.adult day care facility.shall be consistent with
the approved project plans dated May 21, 2001„ on file in the Development
Services Department, and the conditions contained herein.
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.
3. Approval ofthis request shall not waive compliance with all •sections of the
Poway Road Specific Plan Poway Development •Standards, the .Zoning
Ordinance, and all other applicable City'Ordinances in effect at the time of
building permit issuance.
4. AII`newroof appurtenances, including air conditioners, shall be architecturally
integrated, screened from view and sound buffered from adjacent properties
and streets as required by the Director of Development Services.
5. A minimum of two parking spaces shall be designated for the drop off and
pick -up of clients during peak hours. Signage shall' be placed at these
spaces' indicating that parking is limited to 5 minutes during the hours of 8:00
to 10700 a.m..and 4:00 to 6:00 p.m.
3097
Resolution No. P- 01 -47'
Page 4
6. A surface planter at least three feet in usable width shall be provided
adjacent to the easterly fence,.and furnished with shrubs, ground cover, and
irrigation. The chain -link fence shall be provided with, slats where they may
be missing or in disrepair. All.ofthe.above shall be included on a1andscape
plan to the satisfaction of the Director of Development Services.
I G. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Building D shall be fire sprinklered.
2. Afire alarm system shall be installed in Building D.
I
H. Prior to issuance of +a certificate of occupancy, the applicant shall comply with the
following:
1. The site•shall be developed in accordance with the.approved plans on file in
the Development Services Department for both DR 00 -22 and CUP 01 -06,
along with the conditions contained therein /herein: A final inspection from
the appropriate City Departments will be required.
Upon - establishment of the use in reliance upon this Conditional Use Permit, the
following conditions shall apply:
The proposed signage for the drop- off/pickuplocations shall be maintained
for the life- of the facilities, unless otherwise approved by the Director of
Development: Services.
2. At time shall noise from any source exceed the noise standards contained
in the Poway Municipal Code.
3. The property owner shall be responsible for insuring thatthe-future overall
mix of uses leasing in the shopping center will have hours of operation and
parking demands such that adequate parking is available at all times.
4. If at anytime the existing chain link fence with slats that is located on the
adjacent property to the east is removed for any reason, the owner of this
property shall install a 6 -foot solid wooden fence,along the eastern property
line to the satisfaction of the Director of Development: Services.
Section 4: The approval of CUP 01 -06 shall expire on September 4, 2003 at 5:00 p.m.
unless, prior to that time, a building permit has been issued and construction on the
property in 'reliance on this approval has commenced prior to its expiration.
3098
Resolution No. P- 01 -47
Page 5
PASSED, ADOPTED and APPROVED by the City•Council of "the City of Poway,
State of California, this 4th day of September 2001.
ATTEST:
I
j Lori Anne Peoples, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I
0
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 -01 -47 , was duly adopted by the
City Council at a,rrieeting of said City Council held on the 4th day of September 2001, and
.that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
N: \city \planning \01 report\cup\cup0I= 06res.doc
Cori Anne Peoples, City Clerk
City of Poway