Covenant Regarding Real Property 1992-0785615
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721
00-<# 1992-0785615
08-DEC-1992 08=51 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY REcOROER'5 OFFICE
ANNETTE EVANS, COUNTY RECORDER
RF: 9.00 FEES: 23.00
AF: 13.00
MF: 1. 00
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RECORDING REQUEST BY: )
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CITY OF POWAY )
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WHEN RECORDED MAIL TO: )
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CITY CLERK )
CITY OF POWAY ) '\ \
P.O. BOX 789 )
POWAY, CA 92064 )
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No Transfer Tax Due )
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Palomar Pomerado Health System, a California hospital district
("OWNER" hereinafter), formerly known as Palomar Pomerado Hospital
District and Northern San Diego County Hospital District, 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 275-461-04 ("PROPERTY" hereinafter). In consideration of the
approval of Conditional Use Permit P74-18M(2) and Minor Development
Rev i ew 92-39 by the Ci ty of Poway ("CITY" herei nafter), 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, encumbrances, successors, heirs,
personal representatives, transferees and assigns of the respective
parties.
In the event that Conditional Use Permit P74-18M(2) and Minor
Development Review 92-39 expire or are rescinded by City Council at the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.
OWNER:
PALOMAR POMERADO HEALTH SYSTEM
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CITY OF POWA Y
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en this the /:51- day of bet"t'l7lb<'-Y 19 <1;;", before In:, *
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the undersigned Notary Public, personally appeared
fll7d1ew W. ,6eem"::,
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en this the day of 19 _, before In:, *
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state of (!a/A!zrrIWa..
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County cl 6an '&'1290
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OFFICIAL SEAL
DEBRA A DUNCAN
NOTf-lRY ~U811C - CALIFORNIA
S.,...N [HGO GOUNTY
My comm. expires JUN 2, 1993
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personally knc:Mn to In:
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to be the person(s) ~ name(s) subscribed
to the within instnnnent, and acknc:Mledged that
executed it.
WITNESS nw hand and official seal. *
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~tary I s signature *
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the undersigned ~tary Public, personally appeared
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tl personally knc:Mn to Ire
tl proved to Ire on the basis of satisfactory evidence
to be the person (s) who executed the wi thin instnnnent
on behalf of the partnership, and acknc:Mledged to Ire that
the partnership executed it.
WITNESS nw hand and official seal.
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. state of
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en this the
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day of
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the undersigned Notary Public, personally appeared
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tl personally knc:Mn to Ire
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tl proved to Ire on the basis of satisfactory evidence to
be the person (s) who executed the wi thin instnnnent as
or on behalf of the corporation *
and acknc:Mledged to Ire that the corporation *
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therein named,
executed it.
WITNESS nw hand and official seal.
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. 723
EXHIBIT A
LEGAL DESCRIPTION
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ALL THAT PORTION OF THE WEST HALF OF THE SOUTHEASt QUARTER OF
SECTION 35. TOWNSHIP 13 SOUTH. RANGE2 WEST. SAN BERNARDINO BASE
AND MERIDIAN. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY. APPROVED APRIL
22. 1876. WHICH LIES SOUTHERLY OF THE NORTHERLY LINE OF THE
SOUTHERLY 1980.00 FEET (MEASURED ALONG THE EAST LINE THEREOF) OF
SAID WEST HALF.
EXCEPTING THEREFROM THE SOUTHERLY 990.00 FEET (MEASURED AT RIGHT
ANGLES) OF THE ABOVE DESCRIBED LAND.
ALSO ALL THAT PORTION OF LOT 3 AND 4 IN SAID SECTION 35. WHICH
LIES BETWEEN THE WESTERLY PROLONGATION OF THE NORTHERLY AND
SOUTHERLY LINES OF THE ABOVE DESCRIBED LAND AND EASTERLY OF THE
CENTER LINE OF THE MAIN PUBLIC HIGHWAY, ROUTE THREE (3).
EXHI BIT B
. 724
RESOLUTION NO. P- 92-66
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING COUNTY MAJOR USE PERMIT MODIFICATION P74-18M(2)
AND MINOR DEVELOPMENT REVIEW 92-39
ASSESSOR'S PARCEL NUMBER 275-461-04
WHEREAS, Conditional Use Permit P74-18M(2) and Minor Development Review 92-
39 submitted by the Palomar pomerado Hospital District, appl icant, requests
approval for the construction of a 1,945 square foot addition which will house
an Angiography Unit to be attached to the main hospital building located at 15615
pomerado Road in the OS Open Space zone; and
WHEREAS, on November 10, 1992, 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 of the City of Poway does hereby resolve
as follows:
Section 1: Environmental Findinos:
This project is categorically exempt from environmental review under Class
1 of the CEQA Guidelines, in that the project is a minor addition to an
existing facility.
Section 2: Findinos:
Count v Maior Use Permit P74-18M(2)
1. That the location, size, design, and operating characteristics of
the proposed use will be compatible with the will not adversely
affect or be materially detrimental to adjacent uses, residences,
buildings, structures, or natural resources, in that the Angiography
unit will be an attached addition to the existing hospital building
and as such wi 11 match the hospital archi tecture. It will be
located in an area that is presently not utilized, but has been
graded and landscaped.
2. That the harmony in scale, bulk, coverage, and density is consistent.
with adjacent uses, in that the new addition is a single story
structure with a footprint which does not extend beyond the
dimensions of the original graded pad for the hospital complex.
3. That there are available public facilities, services and utilities,
in that the site contains an existing operating hospital facility
served by City water and sewer.
4. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the Angiography unit is considered a minor
addition in scale and scope of operation.
. 725
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5.
Resolution No. P-92-66
Page 2
That the generation of traffic will not adversely impact the
surrounding street and/or the City's Circulation Element, in that
there is adequate on site parking for patients and hospital staff,
and traffic mitigation fees will be paid to offset expected impacts
on public streets.
6. That the site is suitable for the type and intensity of use or
development which is proposed, in that the hospital campus
anticipates changes in technology and improvement in diagnostic
services which may be added over time and provides adequate room for
expansion.
7. That there will not be significant harmful effects upon
environmental quality and natural resources, in that the procedures
for handl i ng and d i spos i ng of wastes are already in place as a
function of normal hospital operations. No natural habitat will be
utilized in the siting of this building. No native animals are
known to utilize this site.
8. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
9. That the impacts, as descri bed above, and the 1 ocat i on of the
proposed use will not adversely affect the City of Poway General
Plan for future as well as present development, in that the proposed
use conforms with the City's General Plan.
Minor Develooment Review 92-39
1. That the proposed develop.ment is in conformance with the Poway
General Plan which provides for a hospital campus within the Public
Facilities Element and with the Public Facilities land use
designation for the site.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties, in that the proposed addition will be architecturally
compatible with adjacent buildings.
3. That the proposed development is in compl iance with the Zoning
Ordinance, in that the project meets the appl icable development
standards contained within the ordinance.
4. That the proposed development encourages the orderly and harmonious
appearance or structures and property within the City because it
will blend with the adjacent development.
Section 3: Citv Council Decision:
The City Council hereby approves County Major Use Permit P74-1BM(2) and
Minor Development Review 92-39 subject to the following conditions:
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. 726
Resolution No. P-92-66
Page 3
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. All conditions of approval established for Major Use Permit P74-1B
shall apply.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
~ITE 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. Approval of this request shall not waive compliance with all sections of
the Zoning Development Code and all other applicable City ordinances in
effect at the time of building permit issuance.
3. 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.
4. School impact fees shall be paid at the established rate prior to issuance
of building permit.
5. No outdoor storage of equipment ~hall be permitted.
6. A landscape and irrigation plan for all created slopes surrounding the
addition shall be submitted to and approved by the Planning Services
Department prior to issuance of building permits.
7. Disabled access must be provided throughout the structure in compliance
with the Americans With Disabilities Act.
APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Payment of Traffic Mitigation Fee shall be made prior to building permit
hsuance.
APPLICANT SHALL CONTACT THE SAFETY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
Provide plans from the installing contractor to Safety Services for fire
sprinkler system and fire alarm system expansion into the new floor area.
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Resolution No. P-92-66
Page 4
GENERAL REQUIREMENTS AND APPROVALS:
This approval shall expire on November 10, 1994 if building permits are
not issued by that date.
APPROVED and ADOPTED by the City Council of the City of Poway. State of
California this 10th day of November, 1992.
Katt(~y(Q~~g/IJLYor
ATTEST:
)n
k';J\Jwv,.-t:-
Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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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-92-66 , was duly adopted by the City Council at a meeting of
said City Council held on the 10th day of November 1992,
and that it was so adopted by the following vote:
AYES: HIGGINSON, MCINTYRE, SNESKO
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
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Marjo/ie K. Wahlsten, City Clerk
City f oway
REPORTICUP741BH.RES
(Note: One vacancy created by termination of Mayor Goldsmith's appointed term
on November 3, 1992.)