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Covenant Regarding Real Property 1992-0768309 DO~ # 1992-0768309 01-DEC-1992 08=15 AM CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ) ) ) ) ) ) ) ) ) ) ) I 739 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE AHHETTE EVAHS, COUHTY RECORDER RF= 15.00 FEES: AF' 25.00 MF: 1. 00 41.0-:) RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: No Transfer Tax Due (This SDace for Recorder's Use) COVENANT REGARDING REAL PROPERTY The Grace Trintty Church of Poway, a corporation ("OWNER" hereinafter) is the owner of real property described in Exhibtt A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 317-122-47, 66 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permtt Modification 88-oSM, Variance 92-09, and Development Review 92-10 by the City of Poway ("CITY" hereinafter), OWNER hereby covenants and agrees for the beneftt of the CITY, to abide by condttions of the attached resolution (Exhibtt B). This Covenant shall run wtth 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the event that Condttional Use Permtt Modiflcation SS-oSM, Variance 92-09, and Development Review 92-10 expire or are rescinded by Ctty Council at the request of the OWNER, CITY shall expunge this Covenant from the record tttle of the PROPERTY. If etther party Is required to Incur costs to enforce the provisions of this Covenant, the prevailing party shall be entttled 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: .ij/.,,;:t .1- JJ..2 _~~~ At~ GRACE TRINITY CHURCH, OWNER (Notarize) Dated: fi-0/3.q;J.. CITY OF POWAY By ~ 1AJ^~i - ?/vn./Cl-#.^ (No need to Notarize) PRELIMINARY REPORT- PAGE NO. II ,... '. l LEGAL DESCRIPTION ORDER NO. 88070l4-C 741 ~ PARCEL 1: That portion of the Northeast Quarter of the Northeast Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved September 11, 1879, described as follows: Commencing at the Southwest corner of said Northeast Quarter of the Northeast Quarter; thence along the Westerly Hne thereof North 2051'20" East, 337.77 feet to the TRUE POINT OF BEGINNING; thence South 88051 '30" East, 328.0 feet; thence North 2051'20" East, 184.08 feet; thence North 88051' 30" West, 328.0 feet to the ~esterly line of said Northeast Quarter of the Northeast QUarter; thence South 2051'20" West along said West 11ne, 184.08 feet to the TRUE POINT OF BEGINNING. PARCEL 2: The East 100.0 feet of that portion of the Northeast Quarter of the Northeast Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California according to United States Government Survey approved September II, 1879, described as follows: Commencing at the Southwest corner of said Northeast Quarter of the Northeast Quarter; thence along the Westerly line thereof North 2051' 20" East, 521.85 feet to the TRUE POINT OF BEGINNING; thence South 88051'30" East, 328.0 feet; thence North 2"51' 20" East, 152.07 feet; thence North 88051' 30" West, 328.0 feet to the Westerly line of sdd Northeast Quarter of the Northeast Quarter; thence South 2051'20" West along said West line, 152.07 feet to the TRUE POINT OF BEGINNING. PARCEL 3.: An easement OVer Parcels 1 to 3, inclusive, as granted to Clem G. Berrill, et ux, by Deed recorded January 12, 1955 in Book 5493, Page 470 of Official Records; said easement shall be for the benefit of all present and future owners, and appurtenant to any portion to any portion or portions of Lot ), Section 18, Township 14 South, Range 1 West, Lot 4, Section 7, Township 14 South, Range 1 West; and the Northeast Quarter of the Northeast Quarter of Section 13, Township 14 South, Range 2 West, being more particularly described on Record of Survey No. 3485, as "Easements Reserved for Road." Said easement is hereby declared to be appurt"llllDt to and for the use and benefit of the present and future owner or owners of all or any portion of Parcels 1 and 2 above. 5/26/88 eb-258 742 RESOLUTION NO. P- 92-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 88-05M, VARIANCE 92-09, AND DEVELOPMENT REVIEW 92-10 ASSESSOR'S PARCEL NUMBER 317-122-47, 66 WHEREAS, Conditional Use Permit 88-05M, Variance 92-09, and Development Review 92-10, submitted by Glen Lanker, applicant, Grace Trinity Church, owner, request approval of a conditional use permit modification and a development review to allow construction of a 5800 square foot building, and the approval of setback and fence height variances, for the property located at 13617 Midland Road in the RS-2 zone; and WHEREAS, on October 27, 1992, the City Council held a hearing on the above- referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinos: The City Council finds that this project will not have a significant adverse impact on the environment and hereby issues a Negative Declaration. Section 2: Findinos: Conditional Use Permit 88-05M 1. That the location, size, design, and operating characteristics of the proposed use wi 11 be compat i bl e wi th and wi 11 not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources. Grace Trinity Church has operated successfully for approximately 40 years. The size and design of the new buildings will be architecturally compatible with adjacent residential structures. 2. That the scale, bul k, coverage, and dens ity is consi stent with adjacent uses, in that the structure has been designed to be compatible with the scale of surrounding structures. 3. That there are available public facilities, services, and utilities to serve the proposed use , all facil i ties and servi ces can be provi ded for each development phase through the condi t ions of approval. 4. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the required wood fence and landscaping along the property 1 i ne wi 11 buffer the project from adj acent residential structures. 743 Resolution No. P-92-59 Page 2 5. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that the school enrollment will remain stable and that curb and gutter, and street improvements will be required at the time of church construction and sidewalk improvements will be required within five years of approval of the project. 6. That the site is suitabl e for the type and i ntensi ty of use and deve 1 opment proposed in that the si te is bas i cally fl at and is located in a residential neighborhood that can use its services and buildings. 7. That there will not be significant harmful effects upon the environmental quality and natural resources in that the subject site is wholly disturbed and contains semi-public uses. 8. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. 9. 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 as well as present development. Develooment Review 92-10 1. The proposed project is consistent with the general plan, in that the General Plan encourages uses, like churches and private schools that are supportive to residential uses. 2. That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, as noted under the findings in the preceding section. 3. That the proposed development is in compl iance with the Zoning Ordinance. 4. That the proposed development encourages the orderly and harmonious appearance of structures and property within the City because it complies with the design guidelines of the General Plan and proposes a building that is compatible in size and architectural style to the existing church on the site. Vari ance 92-09 1. That there are special circumstances appl icable to the property (size, shape) or the intended use of the property, and because of this, the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification; in that the lot is "L" shaped with the existing buildings placed in the northeasterly quadrant and observing a ten foot setback. The L-shaped dimensions of the lot 744 Resolution No. P- 92-59 Page 3 restrict site development with respect to providing adequate parking and development facilities while allowing space for required setbacks. The Zoning Ordinance does not specifically address fence heights for school recreational areas; however, a survey of the area schools revealed some fences over six feet in height. 2. That granting the variance or its modification is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the variance is sought; in that the church has operated at this site for almost 40 years and the school for almost 20 years and other churches in the area have been allowed to construct additions. 3. That granting the variance or its modifications will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; in that the applicants will be required to install landscaping to accomplish screening of church school buil di ngs and enhancement of the site for the benefi t of surrounding residential properties. 4. The grant i ng of thi s vari ance does not const itute a speci a 1 privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; in that other semi-public uses within a one block area presently enjoy the same site features as that of the applicants. 5. The granting of this variance does not allow a use or activity which is not otherwise expressly authorized by the Zoning Ordinance governing the parcel of property; in that semi-public uses such as churches, school s, or day care facil it i es are permi tted under conditional use permits and can be located and operate in single- family residential zones. 6. That granting the variance or its modification will not be i ncompat i bl e with the City of Poway General Pl an; in that the General Pl an provides for such 1 and uses as private school sand churches within predominantly residential areas, and view them as necessary support facilities to the community. Section 3: Citv Council Decision: The City Council hereby approves Conditional Use Permit 88-05M, Variance 92-09, and Development Review 92-10 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. 745 Resolution No. P-92-59 Page 4 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 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. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. The pl ayground fence height shall not exceed ten feet. If the proposed playground fence is to be constructed of chain link, the chain link shall have a black vinyl coating. 5. If the existing playground remains on its present site more than 45 days after this approval, an eight foot high vinyl coated chain link fence shall be installed along the easterly property line until such time that the school playground is relocated to the front of the subject property. 6. A sol id wood fence shall be provided along the northerly and easterly property lines with a five foot wide raised landscaped area to provide a dense 1 andscape screen to buffer the use from adj acent resident i a 1 properties. This shall be accomplished prior to certificate of occupancy. 7. All new and existing util ity connections and service shall be located underground. 8. The property owner shall record a deed covenant agreeing not to oppose an undergrounding district and to pay a pro rata share of future undergrounding costs. 746 Resolution No. P-92-59 Page 5 9. Disabled access shall be provided throughout the facility, including platform and baptismal area. 10. Trash receptacle shall be enclosed by a six foot high masonry wall with vi ew-obstruct i ng gates pursuant to City standards. Locat i on shall be subject to approval by the Planning Services Department. 11. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adj acent propert i es and streets as requi red by the Pl anni ng Servi ces Department. 12. Prior to the use or occupation of the proposed sanctuary building, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 13. 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. 14. For this development, the appl icant shall pay development fees at the established rate. The following fees, including, but not limited to, traffic mitigation ($1,052.70), water base capacity (for any new meter or increase in meter size), sewer connection charge ($7,068.00), sewer cleanout ($50), and sewer inspection ($25) fees shall be paid prior to issuance of building permits. 15. 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. 16. 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. A minimum of 53 parking spaces shall be provided. Two of the required spaces must be handicap spaces. 2. All parking lot landscaping shall include a minimum of one 15 gallon size tree for every three spaces. For parking lot islands, a minimum 12 inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a six inch high, six inch wide portland concrete cement curb. 3. Parking lot lights shall be low pressure sodium and have a maximum height of 18 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and residences. 747 Resolution No. P-92-59 Page 6 4. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum of 24 feet wide emergency access shall be provided, maintained free and clear at all times during construction in accordance with Safety Services Department requirements. 5. All parking spaces shall be double striped. 6. Grace Trinity Church shall enter into a lease agreement with the owner of the property located at the southeast corner of the intersect i on of Cynthia Lane and Midland Road to allow the church to utilize the parking facilities on APN 317-122-60. The lease agreement will be considered during the annual Planning Department staff review of the use permit for the church and school. If, at some point the lease agreement is discontinued, the church shall provide all of the required parking on-site within 180 days of the termination or expiration of the lease agreement. LANDSCAPING 1. A detailed 1 andscape and i rri gat ion plan shall be submi tted to and approved by the Pl ann i ng Servi ces Department pri or to the issuance of building permits. The landscape plan shall specifically address the required landscaped areas along the easterly and northerly property lines which are adjacent to residential uses. In addition, the plan should specifically address providing acceptable screening of the relocated fenced playground and ballfield area. 2. A Master Plan of the existing on-site trees shall be provided to the City Landscape Architect. Credit may be given for existing trees to offset the requirement for new trees. 3. Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway ordinance and shall be planted at an average of every 30 feet on interior streets and 20 feet on exterior streets. 4. 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 is not permitted. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. 748 Resolution No. P- 92-59 Page 7 APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: GRADING 1. No gradi ng pl an is requi red for the parki ng lot pavi ng. However, the minimum structural section shall be 3 inches asphalt on 4 inch Class II base in parki ng areas and 3 inch asphalt on 6 inch Cl ass II base in drives, all on 12 inches of sub-base compacted to 95 percent. If the "R" value of native soils is greater than 50, 4 inches of asphalt may be placed on 12 inches of sub-base compacted to 95 percent. 2. Soil s tests for "R" val ues and pavement recommendation must be submi tted to the Engineering Services Department and approved prior to scheduling pavi ng. The fee for soi 1 s test revi ew ($250) must be paid with fi rst submittal for review. 3. If the pad elevation increases by greater than two feet in height from those approved on the site. plan, Ci ty Council approval wi 11 be requi red. 4. Non-supervised nor non-engineered fill is specifically not allowed. Rock di sposa 1 areas shall be graded in comp 1 i ance wi th City-approved soi 1 s investigations, recommendations, and grading plans. STREETS AND SIDEWALKS 1. No mid-block crosswalk shall be installed on Cynthia Lane. Signs shall be installed to direct pedestrians to cross at the Midland Road intersection. 2. Street improvement pl ans for construct i on of frontage improvements to Midland Road and Cynthia Lane shall be completed and approved prior to issuance of building permits. 3. Street frontage improvements on Midl and Road and Cynthi a Lane shall be completed and accepted by the City prior to issuance of a certificate of occupancy. 4. The appl icant shall dedicate 30 feet of publ ic right-of-way on Cynthia Lane and a sufficient curb return for installation of a handicapped ramo. A $500 fee shall be paid at first submittal of legal description and Bi" x 11" plat. 5. Street striping and signing shall be installed to the satisfaction of the Director of Engineering Services. Identification of signs shall be shown on street improvement plan. 6. All street structural sections shall be submitted to and approved by the Director of Engineering Services. Pavement sections shall conform to the minimum required by the Poway Municipal Code. 749 Resolution No. P- 92-59 Page 8 7. Street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Engineering Services. Plan check and inspection expenses shall be paid by the developer. 8. All exterior street improvements shall be constructed prior to issuance of buil di ng permits, to the sat i sfact i on of the Di rector of Engi neeri ng Services. 9. Street improvements shall include, but are not limited to: ---L Sidewalks ---L Driveways ---L Wheel chair ramps ---L Curb and gutter Cross gutter Alley gutter Street paving Alley pavi ng shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Engineering Services. 10. Prior to any work being performed in the publ ic right-of-way, an encroachment permit shall be obtained from the Engineering Services Department and appropriate fees paid ($50), in addition to any other permits required. 11. Street improvements and maintenance shall be made in accordance with City Ordinance standards for Urban Streets - Midland Road and Cynthia Lane. 12. The concrete improvements along the Cynthia Lane frontage may be deferred until October 27, 1997, at the time of the annual Planning Department review of the use permit. At that time, the permanent improvements shall be completed to the satisfaction of the Engineering Services Department. As an interim measure, a four foot wide all weather walking surface shall be constructed along the Cynthia Lane frontage prior to certification of occupancy. DRAINAGE AND FLOOD CONTROL Concentrated flows across driveways and/or sidewalks shall not be permitted. UTILITIES 1. All proposed utilities within the project shall be installed underground. 2. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Poway and the County of San Diego Department of Health. '. 7;j 0 Resolution No. P-92-59 Page 9 3. The appl icant shall pay for a water system analysis, if required for a fire sprinkler system or new fire hydrant, to determine the proper size and location for the public water system. The amount shall be paid upon demand by the City. 4. Within 30 days after receiving approval of the conditional use permit modification, development review, and variance, the applicant shall apply for a Letter of Availability (LOA) to reserve three additional EDU's of sewerage availability an post with the City, a nonrefundable reservation fee equal to 20% of the appropriate sewerage connection fee in effect at the time the LOA is issued. 5. Water and sewer main lines and appurtenances that will be installed at locations other than within publ ic streets shall have an easement, a minimum of 20 feet wide, dedicated to the City of Poway. Multiple parallel facilities will require additional easement width for on-site facilities. Dedication shall be offered in the final map whereas off-site lines shall have the easement dedicated by a separate instrument recorded prior to final map approval. APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Roof covering shall be fire retardant as per UBC Section 3203(e) 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 six inches on the front facade of the building. Building address shall also be di spl ayed on the roof in a manner satisfactory to the Di rector of Safety Services. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways 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. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. 4. The building will be required to install an approved fire sprinkler system. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. 5. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire sprinkler system Post Indicator Valve. 751 Resolution No. P-92-59 Page 10 6. Fi re Department access for use of fi re fighting equi pment sha 11 be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 7. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate Signs and curb markings. 8. A automatic fire alarm system shall be installed if classrooms are used for more than four hours per week. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 27th day of October 1992. ) v~ Mayor ATTEST: .---------. JI~L k )\:{~ Marjorie K. Wahlsten, City Clerk \ "-- I hereby cerfily, under the penalty 01 perjury, thai the above and loregoing is a tree and corred copy 01 Resolution No. P -<I;>' -9\ as adopted by lhe City Council of Poway,Calilornia on the ,;}.l-l1v day of Oc-n be..r- ,19<1 ~ . MARJORIE K. W AHLSTEN, CITY CLERK by~~4 K j\JM.>,-C ;' \ \. . "