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Covenant Regarding Real Property 2017-0581684RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 314-370-39 CUP 17-001 & DR 17-001 DOC# 2017-0580158 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Dec 13, 2017 11:47 AM OFFICIAL RECORDS Ernest J. Dronenburg,Jr., SAN DIEGO COUNTY RECORDER FEES: $60.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY PAGES: 16 Ner Tamid North County Conservative Synagogue, ("OWNER" hereinafter) is the owner of real property commonly known as 12348 Casa Avenida ("PROPERTY hereinafter) and more fully described in the legal description attached hereto as Exhibit A and made a part hereof. In consideration of the approval of Conditional Use Permit (CUP) 17-001 and Development Review (DR) 17-001 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 In the event that CUP 17-001 and DR 17-001 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 17-001 and DR 17-001, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 17-001 and DR 17-001 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 OR AUTHORIZED AGENT: Dated: 1� II� a-elz Marisa CConn resident (Notarize) p CITY OF POWAY: Dated: !/ �� By: 1'wdl- Jyal Rgbert J. lima , irettlkof Vevelopment Services I-1-0`9> California All -Purpose Acknowledgment 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 San Diego On A16 Ve q dZ le /T 2P17 before me, Elizabeth L. Bloom, Notary Public, personally appeared 1 ll' ( Sl CD/VN,--'-.L L - who proved to me on the basis of satisfactory evidence to be the person/ whose name( is/arzsubscribed to the within instrument and acknowledged to me that Me/she/t#ey executed the same in his/her/tip r authorized capacity{es), and that by kris/her/tk&r signature($) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument_ I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. Witness my hand and offcial seal. ELIZABETH L. BLOOM Commisalon N 2113897 NotaryPCaliforniaDitgoCySignature d» >br Comm. E Irec Jul 1 2019 l/-01111 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 Title or Type of Document: e AA Document Date: 11/)'/// [/�1 Numbero Pages: Signer(s) Other Than Named Above: Wo.Q&'2'7- V• WJ/ IV / S Capacity(ies) Claimed by Signer(s) Signer's Name: dividual _ Corporate Officer _ Partner- Umi _ Attorney in Fact _ Trustee _ Guardian or Conse Other: Signer is representing: / Signer's Name: — Titla(a):1 ted General Top of thumb here rvator /, _Corpoto Officer—Title(s): _Partner Umited _ General _ Attorney i act _ Trustee _ Guardian or C servator Other Signer is representing: EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PAGE 19201 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 3, 2003. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS TOGETHER WITH THE RIGHT TO CONSTRUCT SURFACE IMPROVEMENTS AND PLACE UTILITIES OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 4335, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE; OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, DECEMBER 26,1975, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 88°12'13" EAST (RECORD SOUTH 88013'24" EAST) 260.00 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID PARCEL 1, NORTH 67015'21" WEST, 279.67 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1, SOUTH 1°06'25" WEST (RECORD SOUTH 1°02'39" WEST), 100.00 FEET TO THE POINT OF BEGINNING. PARCEL C: CERTAIN ACCESS AND UTILITY EASEMENTS AND INCIDENTAL PURPOSES THERETO, AS GRANTED AND SET FORTH IN THAT CERTAIN EASEMENT AGREEMENT RECORDED SEPTEMBER 11, 2002 AS FILE NO. 2002-0774687 AND MAY 15, 2003 AS FILE NO. 2003-0569975, BOTH OF OFFICIAL RECORDS AND SUBJECT TO ANY PROVISIONS THEREIN CONTAINED, OVER AND ACROSS PARCEL 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PAGE 19201 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 3, 2003. APN: 314-370-39-00 EXHIBIT B RESOLUTION NO. P-17-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 17-001 AND DEVELOPMENT REVIEW 17-001 ASSESSOR'S PARCEL NUMBER 314-370-39 WHEREAS, Conditional Use Permit 17-001 and Development Review 17-001 was submitted by Marla Martin, Applicant / Ner Tamid North County Conservative Synagogue, Owner, a proposal to increase the maximum number of children at the existing preschool/elementary school from 85 to 153 students and to add two modular classroom buildings totaling 2,880 square feet to the existing modular building school complex located at 12348 Casa Avenida within the Rural Residential -C (RR -C) zone; and WHEREAS, on October 3, 2017, 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 from the California Environmental Quality Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301.e of the CEQA Guidelines, in that the project is an addition that is less than 10,000 square feet in size to an existing facility, that is on a property that is not environmentally sensitive, and is served by existing public utilities. Section 2: The findings in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) for the approval of Conditional Use Permit 17-001 to expand the scope of the private pre-school operating on the Ner Tamid Synagogue property to increase the maximum number of children at the existing preschool/elementary school from 85 to 153 students, include infant care and add two modular classroom buildings totaling 2,880 square feet to the existing modular building school complex, are made as follows: A. The school is a permitted use in the RR -C zone with the approval of an CUP and the school use has operated for more than 10 years on the site without complaints being received. The school is primarily an indoor operation and even with the increase in student enrollment will only have one class outside using the playground at a given time. Therefore, there will not be an increase in noise levels. 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. Resolution No. P-17-18 Page 2 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 the school has been designed to comply with the Poway General Plan and PMC, and the exterior of the existing modular buildings on the site will be painted to match the color on the new modular buildings. Additionally, the school has operated in compliance with the conditions of approval of CUP 02-11. C. The school building meets standards for scale, coverage and density. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with adjacent uses. D. There are adequate public facilities, services and utilities available at the subject site to serve the use. E. The school has been designed to comply with the Poway General Plan and PMC standards, and the use has operated compatibly with surrounding development for the past 10 years without any complaints being received. The school is primarily an indoor operation and even with the increase in student enrollment will only have one class outside using the playground at a given time. Therefore, there will not be an increase in noise levels and no harmful effect upon desirable neighborhood characteristic. 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. G. The school is allowable on land zoned RR -C, and the property is located in an area with suitable circulation and other infrastructure. The school proposes to operate in a manner that is compatible with surrounding residential and high school, middle school and elementary school development. Therefore, the site is suitable for the school facility. H. There will not be significant harmful effects upon environmental quality and natural resources in that the use has and will continue to operate on the developed portion of the site. I. The school use will operate within buildings on a developed site, the school's outdoor playground schedule will continue to only have one class outside using the playground at a given time and all of the existing modular buildings will be painted a tan/beige color to match the exterior of the proposed two modular buildings. Therefore, there are no relevant negative impacts of the proposed use that cannot be mitigated. Resolution No. P-17-18 Page 3 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, except for approved variances. Section 3: The findings for Development Review (DR) 17-001, in accordance with Section 17.52.010 of the PMC Purpose of Development Review, are made as follows: A. The proposed modular buildings will be compatible in appearance to the existing modular buildings on the site and conform to City development standards. Additionally, the existing modular buildings will be painted to match the exterior of the two proposed new modular buildings and a condition of approval requires that fast growing evergreen shrubs be installed along the northerly limits of the building pad to supplement existing landscaping and help screen the existing and proposed modular buildings of the preschool and synagogue from view from the residential properties to the north; therefore, the project respects the interdependence of land values and aesthetics to the benefit of the City. B. The proposed modular buildings have been designed to conform to City development standards and will be compatible in appearance to the existing modular buildings of the preschool and synagogue which will be painted to match the exterior of the new modular buildings. Additionally, a condition of approval requires that fast growing evergreen shrubs be installed along the northerly limits of the building pad to supplement existing landscaping and help screen the existing and proposed modular buildings of the preschool and synagogue from view from the residential properties to the north; therefore, the project encourages the orderly and harmonious appearance of structures and property within the City. C. The proposed modular buildings will not have an adverse health or safety impact upon adjoining properties in that they have been designed to conform to City development standards and are required to obtain and go through the necessary building permit review and construction inspection process. D. The proposed modular buildings have been designed to conform to City development standards and be compatible in appearance to the existing modular buildings of the preschool and synagogue which will be painted to match the exterior of the new modular buildings. Additionally, a condition of approval requires that fast growing evergreen shrubs be installed along the northerly limits of the building pad to supplement existing landscaping and help screen the existing and proposed modular buildings of the preschool and synagogue from view from the Resolution No. P-17-18 Page 4 residential properties to the north residential care facility building; therefore, the project respects the aesthetics of the built environment in the area. E. The proposed modular buildings have been designed to be compatible in appearance to the existing modular buildings of the preschool and synagogue which will be painted to match the exterior of the new modular buildings. Additionally, a condition of approval requires that fast growing evergreen shrubs be planted along the northerly limits of the building pad to supplement existing landscaping and help screen the existing and proposed modular buildings of the preschool and synagogue from view from the residential properties to the north residential care facility building; therefore, the project will not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general, and F. The proposed modular buildings have been designed to be in compliance with the development standards of the Zoning Ordinance and the General Plan. Section 4: The City Council hereby approves CUP 17-001 and DR 17-001, 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 and DR 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-17-18 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 17-001 and DR 17-001 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 17-001 and DR 17-001 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. Within 30 days of this approval, the property owner shall remove all debris and material/equipment stored along the north side of the synagogue to the satisfaction of the Director of Development Services. H. Development on the site must comply with the Poway Noise Ordinance, Chapter 8.08 PMC. Construction work is specifically regulated by PMC 8.08.100. The applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the applicant shall comply with the following: 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. 2. 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 the appropriate City departments will be required. (Engineering) 1. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the building plan site plan and be appropriately sized for the proposed level of development. A minimum cash security for erosion control is required. 3. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 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. Resolution No. P-17-18 Page 6 Compliance for sediment control shall be provided as directed by the project inspector. 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. 6. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. (Planning) 7. 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 the appropriate City departments will be required. 8. The building plans shall depict all roof appurtenances, including air conditioners, architecturally integrated, screened from view and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 9. The exterior of the existing preschool and synagogue modular buildings shall be painted to match the proposed tan/beige color of the two -proposed modular buildings. The building plans shall identify the exterior building colors and materials consistent with the approved project plans on file in the Development Services Department. 10. A landscape and irrigation plan for the proposed relocated school playground area shall be submitted for review and approval. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapters 17.07 and 17.41 PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. This includes but is not limited to the submittal of an irrigation audit report, pursuant to Section 17.41 of the PMC, prior to final inspections/issuance of a Certificate of Occupancy. The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals, and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist, and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. The plan shall address a requirement that fast-growing evergreen shrubs/trees and irrigation be installed along the northerly limits of the building pad to provide a visual screen of the preschool and synagogue modular buildings from view from the residential properties to the north of the site. Resolution No. P-17-18 Page 7 11. The applicant 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. 12. 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. The following requirements shall be completed to the satisfaction of the Fire Marshal: 1. The applicant is required to meet all applicable PMC and California State Fire and Building Codes for this project. The applicant is encouraged to contact the Division of Fire Prevention at (858) 668-4473 to set up a meeting prior to submitting building plans in order to review project requirements. 2. The building constructed shall be accessible to Fire Department apparatus by way of an access roadway with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. 3. Approved fire apparatus access roads shall be provided for every new building, facility or portion of a building hereafter constructed. The fire apparatus access road shall extend to within 150 -feet of all portions of the facility and all portions of the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the buildings or facility. 4. An automatic fire alarm system shall be installed in all new buildings and interconnected to the adjacent buildings and existing classroom buildings in such a manner that if one detector activates, all detectors activate. The automatic fire alarm system shall be monitored. The system shall transmit the alarm, supervisory and trouble signals to an approved supervising station in accordance with NFPA 72. Fire Department access for use of fire -fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 5. Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and 75' travel distance. K. Prior to occupancy approval of the two modular buildings: (Engineering) 1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted.