Covenant Regarding Real Property 1993-0294352
Rf-CORDING REQUEST BY:
CITY OF POWAY
DOC" 1993-0294352
11-MAY-1993 09=16 AM
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
1904
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECOROER
RF: 9.00 FEES: 23.00
AF: 13.00
MF: 1. 00
No Transfer Tax Due
(This space for Recorder's Use I
COVENANT REGARDING REAL PROPERTY
Saint John of Damascus Orthodox Church, a California Corporation ("OWNER" hereinafter) is
the owner of real property described in Exhibit A which is attached hereto and made a part hereof and
which is commonlv known as Assessor's Parcel Number 273-820-09 ["PROPERTY" hereinafter). In
consideration of the approval of Reinstatement of County Use Permit P77-71 and Development Review
93-02 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In the event that P77-71 M and Development Review 93-02 expire or are rescinded by City
Council at the request of the OWN ER, 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 OWN ER.
Dated:
51""5/7?
9:
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SAINT JOHN OF DAMASCUS ORTHOD X CHURCH,
A CALIFORNIA CORPORATION, OWNER [Notarize)
CITY OF POWAY
Dated:
I-d).O - 73
By: KJ.~ Vr - r;~,
CALIF; RNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
CALIFORNIA
SAN DIEGO
}
1906
On 3, MAY 1993 before me WENDY SCHLERETH, NOTARY PUBLIC
DATE ' NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared REV ALEXANDER FEDEROFF, PASTOR
NAME(S) OF SIGNER(S)
IQJ 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.
~:t~
OFr-l(';!A.l SE;.'\L
WENDY SCHLERETH
NOTARY PUBLIC ( ~UFORNIA
SMJ DIEGO Co:mTY
MY CCMMi3SICN EXPIRES
MAY 30, 1995
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
It could prevent fraudulent reattachment of this form.
OPTIO AL SECTION
TITLE OR TYPE OF DOCUMENT COVENANT
NUMBER OF PAGES 2
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)
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
[] OTHER: PASTOR
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
REGARDING REAL PROPERTY
DATE OF DOCUMENT 5-3-93
SIGNER(S) OTHER THAN NAMED ABOVE
@1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
"
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1905
ORDER NO. 1004390-14
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIAr
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 1 IN SECTION 26, 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 FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26, AS SHOWN ON
RECORD OF SURVEY MAP NO. 3582, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1955; THENCE ALONG THE
NORTHERLY LINE OF SAID SECTION 26, NORTH 88045'59" WEST, 672.44 FEET
TO THE NORTHWEST CORNER OF LAND DESCRIBED UNDER PARCEL 2 IN DEED TO
FRANCIS C. DARBY, ET OX, RECORDED SEPTEMBER 12, 1958 IN BOOK 7252,
PAGE 450 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID
DARBY'S LAND, SOUTH 01"14'00" WEST TO A POINT DISTANT THEREON NORTH
01"14'00" EAST, 360.00 FEET FROM THE INTERSECTION OF SAID WESTERLY
LINE WITH THE NORTHEASTERLY LINE OF COUNTY ROAD SURVEY NO. 1673
(KNOWN AS ESPOLA ROAD) AS DESCRIBED IN DEED TO THE COUNTY OF SAN
DIEGO, RECORDED FEBRUARY 19, 1962 AS FILE NO. 28925; SAID POINT BEING
ALSO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE
WESTERLY LINE OF SAID DARBY'S LAND, SOUTH 01"14'00" WEST, 360.00 FEET
TO THE NORTHEASTERLY LINE OF SAID ESPOLA ROAD, BEING A POINT ON THE
ARC OF 1170.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, IN SAID
NORTHEASTERLY LINE; THENCE ALONG SAID NORTHEASTERLY LINE,
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 200.00 FEET
TO A POINT HEREIN DESIGNATED AS POINT "A"; THENCE CONTINUING ALONG
SAID NORTHEASTERLY LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
350.00 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE WESTERLY 56.00
FEET OF SAID LOT 1; THENCE ALONG SAID EASTERLY LINE, NORTH 13016'21"
EAST, 30.00 FEET; THENCE EASTERLY IN A STRAIGHT LINE TO THE
INTERSECTION OF THE NORTHERLY TERMINUS OF A STRAIGHT LINE WHICH BEARS
NORTHERLY A DISTANCE OF 248.00 FEET FROM SAID POINT "A" WITH THE
WESTERLY TERMINUS OF A STRAIGHT LINE WHICH BEARS WESTERLY A DISTANCE
OF 140.00 FEET FROM THE TRUE POINT OF BEGINNING; THENCE EASTERLY IN A
STRAIGHT LINE, 140.00 FEET TO THE TRUE POINT OF BEGINNING.
PAGE 5
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RESOLUTION NO. P- 93-18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING REINSTATEMENT OF COUNTY USE PERMIT P77-71
AND DEVELOPMENT REVIEW 93-02
ASSESSOR'S PARCEL NUMBER 273-820-09
1907
WHEREAS, Reinstatement of County Use Permit P77-71M and Development Review
93-02, submitted by St. John of Damascus Orthodox Church, applicant, requests
approval for construction of a new 3,870 square foot sanctuary and additional
parking lot at 16903 Espola Road in the RR-C zone; and
WHEREAS, on April 20, 1993 the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The Negative Declaration issued on August 28, 1990 adequately addressed
the potential impacts of this project and no further environmental review
is necessary.
Section 2: Findinas:
County Use Permit P77-71M
1. 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. The church has
operated at this location for years in a manner compatible with the
surrounding residential neighborhood. Existing church uses adjoin
the site on the east and west. The new sanctuary is separated from
nearby residential development by existing church buildings and
streets.
2. That the scale, bulk, coverage, and density is consistent with
adjacent uses, in that all development standard of the Zoni ng
Ordinance have been met. The project will meet the applicable
property development standards for off-street parking, setbacks, lot
coverage, and building height.
3. That there are available public facilities, services, and utilities
to serve the proposed use in that two EDUs of sewer capacity have
been allocated to the project and all facilities and services can be
provided for through the conditions of approval.
4. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the physical separation between residential
and church uses will be adequate.
5. That the generation of traffi c will not adversely impact the
surrounding streets and/or the City's Transportation Master Element
EXHIBIT B
1908
Resolution No. P-93-l8
Page 2
in that a condition of approval will require the payment of Traffic
Mitigation Fees and the construction of an expanded off-street
parking lot for church services and activities.
6. That the site is suitable for the type and intensity of use and
development proposed in that the property is located between two
other churches and the proposed parki ng and sanctuary will be
buffered from adjacent homes to the north.
7. That there will not be significant harmful effects upon the
environmental quality and natural resources in that this site has
been previously graded and developed and native vegetation and
habitat no longer exist on the site.
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 in that the General
Plan allows church uses in rural residential zones subject to
approval of a conditional use permit.
DeveloDment Review 93-02
1. That the proposed development is in conformance with the Poway
General Plan, which permits churches in rural residential zones
subject to approval of a conditional use permit.
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 compliance with the Zoning
Ordinance, in that all development standards of the RR-C zone, as
well as the special standards applicable to semi-public uses 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.
Section 3: Citv Council Decision:
The City Council hereby approves Reinstatement of County Use Permit 77-71M
and Development Review 93-02 subject to the following conditions:
1. Within 30 days of approval (I) 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 contained in City Council Resolution P-90-64 are
reinstated except as modified herein.
1909
Resolution No. P-93-18
Page 3
3. 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.
4. The use conditionally granted by this permit shall not be conducted
in such a manner as to interfere wi th the reasonable use and
enjoyment of surrounding residential and semi-public uses.
5. 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 publ ic
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 DEPARTMENTS OF PLANNING AND ENGINEERING SERVICES.
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. Prior to issuance of building permits for the main sanctuary the applicant
shall :
a. Install driveway on Old Espola Road along with storm drain system,
curb, gutter, and sidewalk from south side of driveway to
northwesterly terminus.
b. The project grading may omit the parking area delineated on
Attachment C of the staff report dated April 20, 1993.
c. Prior to issuance of any permits for structures other than the main
sanctuary and parking lot, all remaining public improvement
requi rements 1 i sted in Ci ty Council Resol ut ion P-90-64 shall be
completed. Should there be no further requests for building
permits, all required public improvements must be completed within
ten years of the date of this resolution.
APPROVED and ADOPTED by the City Council of the t~t;;, of Poway, State of
California, this 20th day of April 1993.
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on 1991nson, ay her b 'fy _'a h __....
eycerli ,unaerte...........,
of perjury, that "'. above and
foregoinll is a true and correct
copy of Resolution No>, P-"! :3 -I r
as adop!ed by the City Council 01
Poway, California on the ~ "..tit:
day of fjf4 ,19 J!l!'3
MARJORI K. WAliLSTEN, CITY CLERK
H_________~_'pifl!~ c# /j-,/ llj{LY
ATTEST:
1910
Resolution No. P-93-18
Page 4
STATE OF CALIFORNIA
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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-93-18 , was duly adopted by the City Council at a meeting of said City Council
held on the 20th day of April , 1993, and that it was so adopted
by the followrng-vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
REPORT\P1171.AES