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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 ) ) } ) } } ) } } ) } ) 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' AFI 15,(}() MF: 1,00 . 98l 2U,OO (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Assessment and a Modification to County Use Permit P65-77M(2) and Minor Development Review 94-52 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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- ~ -U~ ~t/~~ 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 . .&_~"'R. "'I*CIr. ur "150 "" .., T .1!Ic>ho ~. . '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