Covenant Regarding Real Property 2015-0498793RECORDING REQUEST BY:
1C CITY OF POWAY
i1P
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
DOC# 2015 - 0498793
111111 II III I IIII VIII I III 111111 VII I VIII VIII IINI VII I VII I I III IIII
Sep 22, 2015 10:21 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $48.00
PAGES 12
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Southern California Conference of the United Church of Christ, ( "OWNER" hereinafter),
is the owner of real property commonly known as 13501 Community Road ( "PROPERTY hereinafter),
and more fully described as:
See attached Exhibit A
In consideration of the approval of Conditional Use Permit 14 -007 and Minor Development
Review Application 14 -028 by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide
by the conditions of approval contained in 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, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Conditional Use Permit 14 -007 and Minor Development Review Application
14 -028 expires or is rescinded by City Council, or the OWNER terminates the use permitted by
Conditional Use Permit 14 -007 and Minor Development Review Application 14 -028, upon the request
of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY and
Conditional Use Permit 14 -007 and Minor Development Review Application 14 -028 shall be of no
further force or effect.
If either party incurs costs as a result of filing a civil action 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: Southern California Conference of the United Church of Christ
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California-,,,
County of Lo
On before
Date
personally appeared gVig y
Q
Insert Name and Title of the
Name(* of Signers}
who proved to me on the basis of satisfactory evidence to be the person(W whose name(s)-is/are-
subscribed to the within instrument and acknowledged to me that he/skeA#W executed the same in
hisA%FA eir authorized capacity(ies}^and that by his/herfthetr signature(e)-on the instrument the person( ,
or the entity upon behalf of which the person(s}ected, executed the instrument.
DENNIS DEAN BUTTS
Commission N 2096781
a =i Notary Public - California z
z San Diego County x•
My Comm. Expires Jan 11, 2019 +
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑.Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 317- 110-65
ALL THAT PORTION OF THE WEST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO AND BASE MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHEAST QUARTER, DISTANT THEREON, SOUTH 88 058'55" EAST, 197.68 FEET FROM THE
SOUTHWEST CORNER THEREOF, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF THE
LAND AS DESCRIBED IN DEED TO THE COMMUNITY CHURCH OF POWAY, RECORDED MAY 22,
1950 IN BOOK 3628 PAGE 318 OF OFFICIAL RECORDS; THENCE SOUTH 88 "58'55" EAST ALONG
SAID SOUTH LINE, 30.00 FEET; THENCE NORTH 1 054' EAST PARALLEL WITH AND 30.00 FEET
EASTERLY AT RIGHT ANGLES TO SAID EAST LINE OF SAID COMMUNITY CHURCH LAND, 637.32
FEET TO A POINT OF INTERSECTION WITH THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO MELVIN C. HARPER AND NEWE B.
HARPER, RECORDED JULY 29, 1957 IN BOOK 6682 PAGE 513 OF OFFICIAL RECORDS; THENCE
NORTH 88 05630" WEST ALONG SAID PROLONGATION, 227.68 FEET TO THE WEST LINE OF SAID
NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 1'54' WEST ALONG
SAID WEST LINE, 637.32 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER
OF THE NORTHEAST QUARTER; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID
NORTHWEST QUARTER OF THE NORTHEAST QUARTER, 197. 68 FEET TO THE TRUE POINT OF
BEGINNING.
Exhibit B
RESOLUTION NO. P -15 -23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT (CUP) 14 -007 AND
MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 14 -028
ASSESSOR'S PARCEL NUMBER 317 - 110 -65
WHEREAS, on May 11, 1979, the San Diego County Department of Planning
and Land Use approved a request for a modification to San Diego County Major Use
Permit P 61 -86W to allow the Community Church of Poway to establish and operate a
pre - school in the existing church facilities located at 13501 Community Road; and
WHEREAS, on April 7, 1987, the City Council approved CUP 87 -02 and
Development Review (DR) 87 -04 approving a modification to San Diego County Major
Use Permit P 61 -86W to allow the addition of a 12,525- square -foot church building,
pursuant to City Council Resolution P- 87 -15; and
WHEREAS, on April 5, 1988, the City Council approved a time extension of the
approval of CUP 87 -02 and DR 87 -04, pursuant to City Council Resolution P- 88-41; and
WHEREAS, on October 17, 1989, the City Council approved a modification to
CUP 87 -02 to allow the installation of a cross structure on the church, pursuant to City
Council Resolution P -89 -126; and
WHEREAS, on August 13, 1991, the City Council approved a modification to San
Diego County Major Use Permit P 61 -86W for the purpose of adding 24 students to the
existing nursery school that had an existing enrollment of 24 students, pursuant to City
Council Resolution P- 91 -53; and
WHEREAS, CUP 14 -007 and MDRA 14 -028 were submitted by the Community
Church of Poway, Applicant / Southern California Conference of the United Church of
Christ, Owner to modify San Diego County Major Use Permit 61 -86W and CUP 87 -02,
and revise Development Review (DR) 87 -04 for the construction of a 624 - square -foot
detached building on the Community Church of Poway site; and
WHEREAS, on August 4, 2015, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15303(e) of the CEQA Guidelines, in that the project consists of the construction of a
small accessory structure.
Resolution No. P -15 -23
Page 2
Section 2: The findings, in accordance with Poway Municipal Code (PMC) Section
17.48, for CUP 14 -007, a modification to P 61 -86W and CUP 87 -02, are made as
follows:
A. The location, size, design and operating characteristics of the proposed use are
in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permits Regulations), the General Plan, and the development policies and
standards of the City in that a church has operated on the site for more than 120
years and a CUP was approved authorizing the expansion of the church facility in
1987, and the proposed annex building is a minor expansion of the existing
facilities.
B. 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, people, buildings, structures, or natural resources in that a church
has operated on the site for more than 120 years without any known problems
and in a compatible manner with adjacent residential and commercial uses.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with adjacent uses in that the proposed annex building is a
minor expansion of the existing facilities, and the building was designed to be in
scale and not overpower surrounding development.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the church has operated on the site for more than 120 years and there have
been no known complaints about the use; and the proposed annex building will
not impact the historic value of the site.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and /or the Circulation Element of the
General Plan in that the proposed annex building is a minor expansion of the
existing facilities, and will accommodate activity and a use that was already
occurring at the site.
G. The site is suitable for the type and intensity of use or development that is
proposed, in that the proposed annex building is a minor expansion of the
existing facilities, and will accommodate activity and a use that was already
occurring at the site.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the entire subject property is developed, so the
proposed annex building will be sited on developed property where there is no
natural habitat and related resources.
Resolution No. P -15 -23
Page 3
There are no relevant negative impacts of the proposed use that cannot be
mitigated.
J. That the impacts, as described in subsections A through I of this Section, 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: and
K. That the proposed conditional use will comply with each of the applicable
provisions of this title.
Section 3: The findings, in accordance with PMC 17.52.010, for MDRA 14 -028, are
made as follows:
A. The project has been designed to be architecturally compatible and in scale with
surrounding residential and commercial development. Therefore, the project
respects and recognizes the interdependence of land values and aesthetics to
the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development
in that the annex building has been designed to be consistent with the existing
development on the site. Therefore, the proposed development respects the
public concerns for the aesthetics of development, and encourages the orderly
and harmonious appearance of structures and property within the City.
C. The granting of the MDRA would not be materially detrimental to the public
health, safety or welfare within the community since the proposed project will be
required to construct the necessary utility service improvements and adequate
infrastructure exists in the area to serve the site.
D. The project has been designed to be consistent with development in the
surrounding area in that the annex building will blend visually with the existing
development on the property and complements the design of the historic Chapel
building. Therefore, the proposed development respects the public concerns for
the aesthetics of development.
E. The project will not have an adverse effect on the aesthetics,, health and safety,
or an architecturally - related impact upon adjoining properties, in that the exterior
materials and colors of the annex building will be similar to the materials and
colors of the historic Chapel building on -site.
The design of the proposed development is consistent with all elements of the
Poway General Plan and with the applicable provisions of the Zoning Code.
Resolution No. P -15 -23
Page 4
Section 4: The findings, pursuant to Government Code Section 66020, for the public
improvements for CUP 14 -007 and MDRA 14 -028 are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan and the Old Poway Specific Plan, as well
as City Ordinances, because all necessary facilities will be available to serve this
project.
B. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance
public infrastructure improvements, which promote a safe and healthy
environment for the residents of the City.
Section 5: The City Council hereby approves CUP 14 -007 and MDRA 14 -028, as
shown on the approved plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. 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.
C. Within 30 days of the date of this approval, and before the issuance of any
permit: (1) the applicant shall submit in writing that all conditions of approval have
been read and understood; and (2) the property owner shall execute a Covenant
Regarding Real Property. In order for the City to prepare the Covenant, the
applicant must first submit a legal description of the subject site.
Resolution No. P -15 -23
Page 5
D. 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
uses.
E. The conditions of CUP 14 -007 and MDRA 14 -028 shall remain in effect for the
life of the subject use, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
F. CUP 14 -007 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
G. Conditions of approval listed in Resolutions No. P- 87 -15- approving CUP 87 -02
and DR 87 -04; P -8841 approving CUP 87 -02TE; DR 87 -04TE and P -89 -126
approving CUP 87 -02M; and P -91 -53 approving a modification to Major Use
Permit P 61 -86W, respectively, are fully incorporated herein by this reference.
H. The applicant shall obtain a Building Permit. Prior to issuance of a Building
Permit, the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
(Planning)
2. A Planting Plan shall be submitted to the Planning Division for review and
approval prior to building permit issuance. The plan shall detail and
address the proposed plant material, irrigation and site design of the
annex building courtyard and garden area. The proposed plant material
and garden design shall be consistent with the types of plants and design
found in Victorian style gardens.
3. Approval of a Tree Removal Permit shall be obtained prior to removal of
any trees.
4. Record a Pedestrian Access Easement over the existing sidewalk along
Hilleary Place that is located on Community Church of Poway, outside of
City right -of -way. The Pedestrian Access Easement shall be approved by
the City Attorney, and shall be notarized and recorded with the County of
San Diego.
The Applicant shall be responsible for preparing a legal plat map and
description for the Pedestrian Access Easement, submittal of this
information to the City, and City easement plan check fees.
Resolution No. P -15 -23
Page 6
Applicable school impact fees shall be paid at the rate established at the
time of Building Permit issuance. Please contact the Poway Unified
School District for additional information at 858 - 679 -2570.
6. The maximum height of any fence or wall, whether freestanding or
retaining, shall not exceed six feet.
7. Exterior building materials and finishes shall be noted on the building
plans to the satisfaction of the Director of Development Services. A
material sample /color board shall be provided to the Planning Division for
review and approval.
8. The project will impact a
Impacted parking areas sha
double striped. The minimum
shall be 85 x 18.5'. The
Americans with Disabilities
accessible space.
section of the existing church parking lot.
II be re- striped. Parking spaces shall be
dimensions for standard sized parking stalls
parking lot design shall comply with the
Act for accessible spaces, with one van
(Engineering)
1. All spoil materials from footings and foundations shall be legally disposed
of off -site unless a Grading Permit for placement of the materials is
obtained from the Department of Development Services — Engineering
Division prior to placement or the applicant has received verification from
the Department in writing that no permit is required.
2. The applicant shall incorporate Low Impact Development (LID) design
features into the site development. These shall be clearly shown and
identified on the site plan and be appropriately sized for the proposed level
of development.
3. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. Listed below are the current applicable fees and
amounts:
a. Fire Apparatus $46.60
4. A minimum cash security of $2,000 for erosion control is required.
5. The applicant shall attend a pre - construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer.
The applicant's action plan that identifies measures to be implemented
during construction to address erosion, sediment and pollution control will
be discussed. Compliance for sediment control shall be provided as
directed by the project inspector.
Resolution No. P -15 -23
Page 7
6. Erosion control shall be installed and maintained by the developer from
October 1 to April 30 annually. The developer shall maintain all erosion
control devices throughout their intended life.
7. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is
$2,636.
Prior to issuance of a Certificate of Occupancy:
1. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from appropriate City departments will be
required.
(Engineering)
2. Any extension of proposed or existing utilities required to serve the project
shall be installed underground.
3. The drainage facilities, driveway, and all utility services shall be installed,
and completed by the property owner, and inspected and approved by the
Engineering Inspector. All new utility services shall be placed
underground.
4. An adequate drainage system shall be provided around the new building
pad capable of handling and disposing all surface water to the satisfaction
of the Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to public improvements caused by construction activity from
this project.
(Planning)
6. All landscaping and irrigation shall be installed in accordance with
approved Planting Plan.
J. Upon establishment of the proposed use, pursuant to CUP 14 -007, the following
shall apply:
1. All facilities and related equipment shall be maintained in good repair.
2. Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight.
3. Parking lot lighting shall comply with the following:
Resolution No. P -15 -23
Page 8
a. All parking lot lights on the property, except for security lighting,
shall be turned off when no activities occur on the site. Lights shall
be turned off no later than half an hour after the conclusion of an
evening activity.
b. Security lighting is permitted to remain on, provided it is low
pressure sodium lighting and has proper shielding and does not
create glare on adjacent properties.
C. All lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any
adjoining premises.
4. 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.
5. The parking areas, driveways and landscape areas shall be well
maintained.
Section 6: The approval of CUP 14 -007 and MDRA 14 -028 shall expire on August 4,
2017, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and
construction on the property in reliance on the CUP approval has commenced prior to
its expiration.
Section 7: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 4th day of August 2015.
Steve Vaus, Mayor
ATTEST:
,C
S eila R. Cobian-MC, City��erk
Resolution No. P -15 -23
Page 9
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -15 -23 was duly adopted by
the City Council at a meeting of said City Council held on the 4th day of August 2015,
and that it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. bian, CIVIC, City Clerk
City of Poway