Covenant Regarding Real Property 1994-0136361
CITY OF POWAY
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Dra " 1994-0136361
01-~AR-1994 09=21 AM
RECORDING REQUEST BY:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
OFFICIAL RECORDS
SAN DIFt;n rOIiNTY RECQRDER'S OFFICE
: _ _, ,..3 ~ COUHTY RECORDER
Rf: 9.00 FEES: nco
A,: 13.00
MF: 1.00
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENAIQ'f REGARDING REAL PROPERTY
Roman Catholic Bishop of San Diego, A 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 314-651-10 ("PROPERTY" hereinafter). In
consideration of the approval of County Use Permit P-74-146M by the City of Poway ("CITY"
hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to abide by conditions
of the attached resolution (Exhibit BI.
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In the event that County Use Permit P-74-146M expires or is rescinded by City Council at the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
::::"' w:f6! ;;'"'""..;'" OW'''(f1t- J! ~
Roman Catholic Bishop of San Diego, A Corporation Sole,
OWNER (Notarize)
CITY OF POWAY
Dated: /-c::?s- 'i 0
By: ~ z.Jf ~ tf~
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
311
State of ('.n L.r"-""'a..
County of San ()(~ ()
}
On ;t.. 1(" '7A-
DATE
.\J..J,I,v
UBLlC" .
before me,
personally appeared 12.o.J...u.x., 1J. 13,-"""",
~ NAME(S) OF SIGNER(S)
~ personally 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.
WITNESS my hand and official seal.
Amelia B. Schilling~
Comm. 11979737 "
TARY PUBLIC - CALlFQF.NIA()"'
CAN DIEGO COUNTY
Comm. Expires Dec. 3, 19SB .....
~,_l SI~~TU~~
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
THIS CERTIFICATE MUST BE AITACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment 01 this form. SIGNER(S) OTHER THAN NAMED ABOVE
No. 5193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAL
o CORPORATE OFFICER(S)
TlTLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o AITORNEY-IN-FACT
o TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
@1992NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309~7184
312
EXHIBIT A
That portion of the Southeast Quarter of the Southeast Quarter of Section 1,
Township 14 South, Range 2 West, San Bernardino Base and Meridian, in the
County of San Diego, State of California, according to United States Government
Survey approved November ,19, 1880, described as follows:
Beginning at a point in the South line of said Section, distant along said South line
171.96 feet Westerly from the Southeast corner of said Section, being the point of
intersection of the Westerly line of the 20 foot easement described in deed to Bud
McFeron recorded August 10, 1953, in Book 4949, page 335 of Official Records:
thence Northerly and Northeasterly along said Westerly line to the Westerly line of
the Easterly 66 feet of said Section; thence Northerly along said Westerly line to
the Southerly line of the Northerly 60 feet of the Southeast Quarter of the
Southeast Quarter of said Section; thence Westerly along said Southerly line to the
Northerly prolongation of the Easterly line of the land described in deed to the
Poway Union School District Recorded May 5, 1961, as Document No. 78017 of
Official Records; thence Southerly along said prolongation to a line which is parallel
with and 30 feet Northerly, measured at right angles, from the Northerly line of
said school district and the True Point of Beginning; thence retracing along said
prolongation North 0054'23" East 306.14 feet; thence parallel with the South line
of said Section 1, South 89005'37" East 707.02 feet to the above mentioned
Westerly line of the 20.00 foot easement described in deed to Bud McFeron;
thence along said Westerly line South 0046'47" East 306.29 feet to an
intersection with a line drawn parallel with the South line of said Section 1 through
the True Point of Beginning; thence along said parallel line North 89005'37" West
716.03 feet to the True Point of Beginning.
313
RESOLUTION NO. P- 94-08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING COUNTY USE PERMIT P74-146M
ASSESSOR'S PARCEL NUMBERS 317-651-10 t
WHEREAS, County Use Permit P74-146M submitted by St. Gabriel's Catholic
Church, applicant, requests approval to modify an existing use permit to include a
preschool, and;
WHEREAS. on January 25, 1994, 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 Findinas:
This project is exempt from environmental review, under Class 1 and Class 14 of the
CEQA Guidelines as it is a minor alteration to existing classroom facilities.
Section 2: Findinas:
1. The proposed project is consistent with the general plan and specific plan,
in that preschool uses are permitted in the RS-2 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
materially detrimental to adjacent uses, residents, buildings, structure, or
natural resources, in that the use will be located within an existing
classroom facility.
3. That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, because the use will be located within an existing building.
4. That there are available public facilities, services, and utilities, because the
use will be located in an existing building.
5. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the use will be located inside a building.
6. That the generation of traffic will not adversely impact the surrounding
streets and/or the City's Circulation Element, in that the site has been used
as a church and for CCD classes since the 1970's where existing street
improvements and off-street parking are adequate,
EXHIBIT B
314
Resolution Nb.P-94-08
Page 2
7. That the site is suitable for the type and intensity of designated use which
is proposed, in that the site has been used as a church and for CCD
classes since the 1970's without problems.
8. That there will not be significant harmful effects upon environmental quality
and natural resources in that the use will be contained within an existing
building on a fully developed site.
9. That there are no other relevant negative impacts ofthe proposed use that
cannot be mitigated.
Section 3: Citv Council Decision:
The City Council hereby approves County Use Permit P74-146M subject to the
following conditions:
1 . 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 with the reasonable use and enjoyment of
surrounding residential, educational and church uses.
COMPLIANCE WITII TIlE FOLWWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY TIlE DEPARTMENT OF PLANNING SERVICES.
SITE DEVEWPMENT
1. 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, orthe 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.
2. Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the conditions contained herein.
3. 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.
315
Resolut ion fIb.P-94-08
Page 3
4. 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.
5. 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.
6. The applicant shall obtain a business license from the Customer Services
department prior to commencement of business activity.
7. The structure shall meet the State of California regulations for disabled access and
all applicable sections of the Uniform Building Code for education occupancies.
8. The applicant shall acquire the necessary license from the State of California for
the operation of the pre-school prior to opening for business,
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
COMPLIANCE WITH THE FOLWWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFE1Y SERVICES.
Maintain the fire sprinkler system, the fire alarm system, and the fire extinguishers
in an operable condition.
Maintain a current license from Community Care Licensing.
COMPLIANCE WITH THE FOLWWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
The applicant shall reserve and pay the appropriate fee for one (1) sewer EDU
prior to start of preschool use. Reservation and payment of the sewer fee shall be
made with the City's Engineering Services Department.
316
Resolution No.P-94-08
Page 4
GENERAL REQUIREMENTS AND APPROVALS
The conditional use permit shall lapse and shall become void January 25, 1996,
if the site has not been occupied in accordance with the conditional use.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 25th day of January 1994.
~~
Don Higginson, May
ATTEST:
'on
J~ ~-tv
Wahlsten, City Clerk
I hereby cerlify, uncler the penalty
of perjury, thai the above and
foregoing is a true and 4rr1,
copy of Resolution No.~ ,~
,
as adopted by the City COUIY.M of
Poway, California on the .:? S ~
daYol~.19#-.
MARJORIE K. WAHLSTEN. CITY CL~R
by';f!tvw b!~i .
I
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution, No. P-94-08 , was duly adopted
by the City Council at a meeting of said City Council held on the 25th day of January,
1994, and that it was so adopted by the following vote:
AYES:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES:
NONE
ABSTAIN: NONE
ABSENT: NONE
K-JVMu.tt:...
. Wahlsten, City Clerk
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