Covenant Regarding Real Property 1995-0072940
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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r~: U 1995-0072940
17-FEB-1995 02'01 PM
OFFICIAL RECORDS
SAM [IIEGO COOHTY R',ORD[R'5 OfFICE
GREGORY snITH, CUUHTY RECORDER
RF: 12,00 FEES'
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MF: 1,00
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a Utah
corporation sole ("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 Number 275-461-03
("PROPERTY" hereinafter). In consideration of the approval of Environmental Assessment and a Modification to
County Use Permit P65-77M(2) and Minor Development Review 94-52, Poway Church of Jesus Christ L.D.S. 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,
encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties,
In the event that Environmental Assessment and a Modification to County Use Permit P65-77M(2) and
Minor Development Review 94-52 expires or is rescinded by City Council at the request of the OWNER, CITY shall
expunge this Covenant from the record title of the PROPERTY.
If either party is required to incur costs 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.
The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this Covenant
against OWNER.
Dated:
I Ix; /J)"
I I
Dated: /-/,!)-'1's-
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EXHIBIT A
983
LEGAL DESCRIPTION
The Westerly 508,20 feet (measured along the Southerly line) of that portion
of Lot 3 and of the Northwest Quarter of the Southeast Quarter of Section 35,
Township 13 south, Range 2 West, San Bernardino Meridian in the County of San
Diego, State of California, according to United States Government Survey,
approved April 22, 1876, described as a whole as follows:
Commencing at the Southeast corner of the West Half of the Southeast Quarter
of said Section 35; thence Northerly along the Easterly line of said West Half
of the Southeast Quarter a distance of 1980.00 feet to the TRUE POINT OF
BEGINNING; thence Westerly parallel with the Southerly line of said Section 35
to the intersection with the Easterly line of Mission Road I-A (now known as
Pomerado Road); thence Northerly along said Easterly line a distance of
300.00 feet; thence Easterly parallel with the Southerly line of said Section
35 to an intersection with the Easterly line of the Northwest Quarter of the
Southeast Quarter of said Section 35; thence Southerly along said Easterly
line to the TRUE POINT OF BEGINNING. The Easterly line of said Westerly
508.20 Feet to be drawn parallel with the Easterly line of said lot 3.
EXHIBIT A
CALlF,ORNIA ALL.PURPOSE ACKNOWLEDGMENT
984
No. 5907
State of
County of
On .3 0
~fm)l
fh T i j:) t5' C.
/95>5
personally appeared ,
NAME(S) OF SIGNER(S)
~ersOnallY known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged 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.
@) ...".......IIUACIC
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"'I*CIr. ur "150
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~. . 'ID ..t_ .. tIOI
. _AftCIPUfAH
WITNESS my hand and official seal.
/M~ul~J._
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
AUTHOP!ZED ,\G[:,T
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
TITLE OR TYPE OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF OOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON\S\ OR ENTITY(IES)
Corporation () fho PraslC:ing ~ish~p of 1t1~ Cr:urch "f
J.:~,I(' C:1rist of L::1tta-d:1; C2:ms, CJ U,~h .;?:pcl".'.1io'1 8:":-'
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONAlNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
EXHIBIT B
985
RESOLUTION NO. P- 95-05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY. CALIFORNIA
APPROVING COUNTY USE PERMIT P65-77M(2) AND MINOR DEVELOPMENT REVIEW 94-52
ASSESSOR'S PARCEL NUMBER 275-461-03
WHEREAS. County Use Permit P65-77M(2) and Minor Development Review 94-52
submitted by the Poway Church of Jesus Christ of Latter Day Saints. applicant.
requests approval to construct a 905 square foot cl assroom onto the exi sting
church building and a 600 square foot detached storage building on the property
located at 15705 Pomerado Road within the CO zone; and
WHIREAS. on January 10, 1995, 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 hereby resolve as follows:
Section 1: Environmental Findinqs:
The City Council finds that this project is categorically exempt. Class 1
from the California Environmental Quality Act in that the project involves
minor additions to existing facilities.
Section 2: Findinqs:
1. The proposed project is consistent with the general plan in that
church uses are allowed in the commercial office zone with the
approval of a conditional use permit,
2. That the location, size. design, and operating characteristics of
the proposed use will be compatible with and will not adversely
affect or be materi ally detrimental to adjacent commerci al and
residential uses, buildings, structures. or natural resources. The
size and design of the proposed additions are architecturally
compatible with the existing structure and surrounding development,
3. That the scale. bulk, coverage, and density is consistent with
adjacent uses. in that all development standards of the Zoning
Ordinance are met, The project will meet the applicable property
development standards for off-street parking, setbacks, lot coverage
and building height.
4. That there are available public facilities, services, and utilities
to serve the proposed use as all facilities and services can be
provided for through the conditions of approval.
5. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the physical separation between residential
and commercial uses will be adequate.
6. That the generation of traffic will not adversely impact the
surrounding streets and/or the City'S Circulation Element in that
the additions will not generate additional church peak hour traffic,
7, That the site is suitable for the type and intensity of use and
development proposed in that a church has existed on the site for 30
years without significant problems.
8, That there will not be significant harmful effects upon the
environmental quality and natural resources in the subject site and
0-
986
Resolution No, p-95-05
Page 2
surrounding properties are developed and the proposal is a minor
addition to existing facilities.
9_ That there are no other relevant negative impacts of the proposed
use that cannot be mitigated,
Section 3: Citv Council Decision:
The City Council hereby approves County Use Permit P66-75M(2) and Minor
Development Review 94-52 subject to the following conditions:
01. Within 30 days of approval (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 on Real Property.
2, The use conditionally granted by this permit shall not be conducted
in such a manner as to interfere wi th the reasonabl e use and
enjoyment of surrounding residential and commercial uses_
3. This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the
past year, If the permit is not in compliance with the conditions
of approval, or the Planning Services Department has received
complaints, the required annual review shall be set for a public
hearing before the City Council, to consider modification or
revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED,
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
SITE
1.
DEVELOPMENT
2,
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits,
Approval of this request 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.
4. The detached storage building shall observe a mlnlmum 25 foot setback from
the easterly property line and a minimum 10 foot setback from the
southerly property line,
3.
5. All roof appurtenances, including air conditioners. shall be
architecturally integrated. screened from view and sound buffered from
adjacent properties and streets as required by the Planning Services
Department.
6. Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
7. 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
987
Resolution No. p-95-05
Page 3
at the time of building permit issuance,
8. Building identification and/or addresses shall be placed on all new and
existing buildings so as to be plainly visible from the street or access
road: color of identification and/or addresses shall contrast with their
background color,
9. The appropriate Building Services Department approvals and permits shall
be obtained prior to the start of construction.
10. The property owner shall comply with all applicable standards for disabled
. '~ccess.
11.
This approval shall become null and void if building permits
issued for this project within two years from the date of
appro va 1.
PARKING AND VEHICULAR ACCESS
a re not
project
In the event the parking lot is re-paved and/or repainted, all parking spaces
shall be double striped,
LANDSCAPE IMPROVEMENTS
1. The applicant shall submit a landscape plan to the Planning Services
Department for review and approval by the project planner prior to the
issuance of building permits. The plan shall address replacement of
landscaping that will be disturbed by the project.
2. The approved replacement landscaping shall be installed prior to
certificate of occupancy,
3. Existing on-site trees shall be retained wherever possible and shall be
maintained in a horticulturally acceptable manner. Dead, decaying, or
potentially dangerous trees shall be approved for removal at the
discretion of the Planning Services Department during the review of the
Master Plan of existing on-site trees, Living trees which are approved
for removal shall be replaced on a tree-far-tree basis as required by the
Planning Services Department,
4. Landscaped areas within the adjacent public right-Of-way shall be
permanently and fully maintained by the owner.
5. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris, The trees shall be
encouraged and allowed to retain a natural form, Pruning should be
restricted to maintain the health of the trees and to protect the public
safety. Unnatural or excessive pruning, including topping, is not
permitted.
.sli!J..$.
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance,
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED,
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
The applicant shall pay a $500 inspection fee to the City's Engineering Services
Department prior to building permit issuance, Such fee is to be used to pay for
City inspector's time in making necessary inspections of the project site that
COMPLIANCE SHALL BE
"
988
Resolution No, P-95-05
Page 4
are required prior to issuance of said building permit and/or Certificate of
Occupancy.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED, COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
I. Roof covering shall be fire retardant as per UBC Section 3203(eJ and City
of Poway Ordinance No. 64,
2. The building shall display their numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be 6 inches
on the front facade of the building, Building address shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services. and meeting Sheriff Dept,-ASTREA criteria.
3. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with all-weather driving
surface of not 1 ess than 20 feet of unobstructed wi dth, with adequate
roadway turning radius capable of supporting the imposed loads of fire
apparatus having a minimum of 13'6" of vertical clearance. The road
surface type shall be approved by the City Engineer. pursuant to the City
of Poway Muni ci pa 1 Code,
4. An automatic fire alarm system shall be installed to approved standards by
a properly licensed contractor. System shall be completely monitored by
a U.L. listed central station alarm company or proprietary remote station.
5. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A "Knox" radlock shall be required
for the fire sprinkler system Post Indicator Va ve,
6. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
7. Minimum 2A:IOBC fire extinguisher required for every 3000 square feet and
75' travel distance,
8. The on-site fire hydrants is too close to the proposed new construction.
The location of the hydrants shall be determined by the City Fire Marshal,
Proposed location would be to move it approximately twenty(20J feet East
into parking space and eliminate that one(l) space,
APPROVEO and ADOPTED by the City Council of the City of Poway, State of
California, this 10th day of January 1995.
---
~L2~ ,~
Don Higginson, Ma~
ATTEST:
I ~ / \' -r
I \0-., 'L..< K ) ,-' 11. -l ;, u~
Marjorie K. Wahlsten, City Clerk
J hereby certify, uncler the penalty
01 perjury, that the above and
foregoing is a true and corred
copy 01 Resolution No, f - 's'.:ar
as adopted by the City Counc~ of
Poway, Calilornia on the loti.-
clayof~,19~,
MARJoklE K, W AHLSTEN, CITY CLERK
bYY7fa.w rzt !z ~, .f)JP'" 1
989
Resolution No. P-95-05
Page 5
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify under penalty of perjury that the foregoing Resolution No,
P-95- 05 was duly adopted by the City Council at a meeting of said City
Counc~eld on the 10th day of January , 1995, and that it was so
adopted-by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NONE
NONE
NONE
j ; i (t j \ l ~-_l .!
Marjorie K. Wahlsten,
City of Poway
. .'
" t,' (L.._
City Clerk