Covenant Regarding Real Property 1994-0031891
CITY OF POWAY
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rre " 1994-0031891
14-JAH-1994 11=32 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECOROER'S OFFICE
ANNETTE EUAHS, COUNTY RECORDER
RF: 10.00 FEES:
AF: 15.00
MF: 1.00
26.00
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Joseph Z. Czarzasty, Trustee of the Joseph Z. Czarzasty Trust Agreement Dated April 19, 1988
("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 321-190-07 ("PROPERTY"
hereinafter). In consideration of the approval of Conditional Use Permit 89-12 M(2) and Minor Development
Review 93-50 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 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 Condilional Use Permit 89-12 M(2) and Minor Development Review 93-50 expire
or are rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the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
th!'s Covenant against OWNER.
Dated:
/ It.f /1tf
CITY OF POWAY
Dated: / / -<1 -'1 :3
By:~ . L 1, J" 1L1 - 0- ~ ",fi",
1643
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 7; THENCE ALONG THE NORTHERLY LINE
OF SAID SECTION 7, SOUTH 88034'00" EAST, 328.67 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE
328.67 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE EASTERLY
LINE OF SAID WEST HALF SOUTH 00031'00" EAST, 795.49 FEET; THENCE
NORTH 88028'00' WEST, 329.06 FEET TO A LINE WHICH BEARS SOUTH
00029'30" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH
00029'30" WEST, 794.90 FEET TO THE TRUE POINT OF BEGINNING.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of C---u ~/ fO.uA.i rL
No. 5193
County of <y,,, j)" > r
On II L{ Iq~ before me,
DATE NAME, TITLE OF OFFICER. E.G., .
personally appeared \o~t.lOt-, T:. G:c.aL~f1St.t.(, .
U r NAME(S) O'(1IGNER{S)
o personally known to me . OR . !:J11roved to me on the basis of satisfactory evidence
to be the person~ whose name~) is/~
subscribed to the within instrument and ac-
knowledged to me that he/~"d'tReY executed
the same in his/hl1r'tI'1'i';' authorized
capacity~, and that by his/her!tRsir
signature(.9j on the instrument the person,*,
or the entity upon behalf of which the
.~ person(~ acted, executed the instrument.
}
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though slaMa does not require the Notary to
fill in the data be-low, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAL
o CORPORATE OFFICER(S)
OFFICIAL SEAL
Kathleen J. Corrigan
NOTARY PUBLIC. CALIFORNIA
SAN DIEGO COUNTY
air CarnnI. _ June 1.. 1
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
"
OFFICIAL SEAL WITNESS my hand and official seal.
Kathleen J. Corrigan
NOTARY PUBLIC -CALIFORNIA
SAN DIEGO COUNTY
air Comm. ~ Juno 1.. 1
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(tES)
. 0 IONAl SE TION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBEO AT RIGHT:
NUMBER OF PAGES
DATE OF DOCUMENT
Though the data requested here is not required by law,
It could prevent freudulent reettachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
@1992NATIONALNOTARY ASSOCIATION - 8236 RemmetAve., P.O, Box 7184- Canoga Park, CA91309--7184 1
RESOLUTION NO. P-93-57
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 89-12M(2) AND
MINOR DEVELOPMENT REVIEW 93-50
ASSESSOR'S PARCEL NUMBER 321-190-07
1611
WHEREAS, Conditional Use Permit 89-12M(2) and Minor Development Review
93-50 submi tted by Chri st i an Life Assembly, app I i cant and Joseph Czarzasty, owner
requests approval to place a detached 1,440 square foot modular building on the
property located at 14061 Twin Peaks Road; and
WHEREAS, on October 26, 1993, 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 I: Environmental Findinqs:
This project is exempt from environmental review, under Class I of the
CEQA Guidelines as it is a minor addition to existing facilities.
Section 2: Findinqs:
Conditional Use Permit 89-12IM)2
1. The proposed project is consistent with the general plan in that
church facilities are permitted with a conditional use permit in the
RS-4 zone.
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, structures, or natural resources, in that the church has
operated in a manner compatible with the surrounding residential
neighborhood for several years. The size and design of the proposed
modular building is compatible with the existing structures and
surrounding development.
3. That the scale, bul k, coverage, and dens i ty is cons i stent wi th
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 in that the facilities and services can be
provided for through the conditions of approval.
EXHIBIT B
Resolution No. P-93-57
Page 2
5. That there will not be a harmful effect upon desirable neighborhood
characteri st i cs, in that the phys i ca 1 separat i on between resident i a 1
and the church use will be adequate.
164:;
6. That the generat i on of traffi c wi 11 not adversely impact the
surrounding streets and/or the City's Circulation Element in that
the site has been used as a church for the past 31 years and the
increased traffi c generated by the expans ion wi 11 not be
substantial.
7. That the site is suitable for the type and intensity of use and
development proposed in that the church is located in a residential
neighborhood that can use its services and buildings.
8. That there wi 11 not be sign ifi cant harmful effects upon the
environmental quality and natural resources.
9. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
10. That the impacts, as described above, and the location of the
proposed use will not adversely affect the City of Poway General
Plan for future use as well as present development.
Minor DeveloDment Review 93-50
1. That the proposed development is in conformance wi th the Poway
General Plan, in that the General Plan encourages semi-public uses,
like churches that are supportive to residential uses.
2. That the proposed development will not have an adverse aesthetic,
hea lth, safety, or archi tectura 11y related impact upon adjoi ni ng
properties, as noted under the findings in the preceding section.
3. That the proposed development is in compliance with the Zoning
Ordinance, in that all development standards will be met in
development of the project.
4. The proposed development encourages the orderly and harmoni ous
appearance of structures and property within the City because it
complies with the design guidelines of the General Plan and proposes
to enhance the modular building to be compatible with the appearance
of the existing church building.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 89-12 M(2) and
Minor Development Review 93-50 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
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lfJ1{J
Resolution No. P-93-57
Page 3
(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 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 Pl anning 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. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. 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.
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.
4. All new utility connections and service shall be located underground,
5. Skirting shall be provided around the base of the modular unit to screen
the piers from view.
6. A complying path of travel from parking provided for persons with
disabilities to the modular unit is required, including but not limited to
sidewalks, curb cuts, and ramps.
7. Modul ar un i t shall be approved by the State of Cali forni a as a B-2
occupancy and bear an appropriate label from the factory.
8. Screeni ng 1 andscapi ng for the modul ar un i t shall be i nsta 11 ed pri or to
certification of occupancy.
9. 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.
181'1
Resolution No. P-93-57
Page 4
10. The proposed modul ar unit shall be sited cl ear of the floodway and
fl oodp 1 a in.
11. 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.
12. 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.
13. For a new commercial or industrial development, or addition to an existing
development, the applicant shall pay development fees at the established
rate. Such fees may include, but not be limited to: Permit and Plan
Checking Fees, Water and Sewer Service Fees. These fees shall be paid
prior to building permit issuance.
14. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
PARKING AND VEHICULAR ACCESS
1. All two-way traffic aisles shall be a minimum of 24 feet wide. A minimum
24 foot wide emergency access shall be provided, maintained free and clear
at a 11 times duri ng construct ion in accordance with Safety Servi ces
Department requirements.
LANDSCAPE IMPROVEMENTS
1. Comp 1 ete 1 andscape construct i on documents shall be submi tted to and
approved by the Pl ann i ng Servi ces Department pri or to the issuance of
bu il di ng permi ts. Pl ans shall be prepared in accordance wi th City of
Poway Guide to Landscape Requirements (latest edition).
2. Landscaped areas withi n the adjacent publ i c right-of-way shall be
permanently and fully maintained by the owner.
3. 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.
SIGNS
1. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
1618
Resolution No. P-93-57
Page 5
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. The appl icant shall submit a construction plan for the new modular
building.
2. The construction plans shall note, "Plans for all fixed fire protection
equipment shall be submitted by the installing contractor and shall be
approved prior to installation."
3. The construction plans shall note "Protective signalling system shall be
installed in compliance with NFPA 72 and the National Electric Code."
4. A mi nimum 2A: IOBC fi re ext i ngui sher shall be provi ded in the modul ar
building.
5. Show the location of the fire hydrants on a site plan.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 9th day of November 1993.
~ L---D2--f:/ . .~
Don Higginson, May~
ATTEST:
I hereby certify, under the penalty
of perjury, that the above and
foregoing is a true and correct
copy of Resolution Nof- '1'3-51
as adopted by th" City Council of
poway~the 9.bt
day of , 19 9'.5 .
MARJORIE K. W AHLSTEN, CITY CLERK
bY:~~ bfli~; p",P,.}
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1619
Resolution No. P-93-57
Page 6
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-93-57 ,was duly adopted by the City Council at a meeting of said City Council
held on the 9th day of November , 1993, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
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