Covenant Regarding Real Property 1992-0356961
DOC U 1992-0356961
09-JUN-1992 08:48 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
RF: 13.00 FEES:
AF: 21.00
MF: 1.00
RECORDING REQUEST BY:
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CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Assembly of God of Poway, California, a 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
commonly known as Assessor's Parcel Number 321-190-17 ("PROPERTY"
hereinafter). In consideration of the approval of Conditional Use
Permit Modification B9-12M and Development Review 92-02 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 Conditional Use Permit Modification B9-12M
and Development Review 92-02 expi res or is resc i nded by Ci ty
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
this Covenant against OWNER.
ASSEMBLY OF GOD OF POWAY, CALIFORNIA
A CORPORATION
Dated:
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OWNER
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(Notarize SecltETAIlV -T~e-A.S<4jQt'~
Dated: ~ 1~/9~
CITY OF POWAY
By
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(No need to otarize)
35.00
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EXHIBIT "A"
1695
LEGAL DESCRIPTION
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THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THE NORTHERLY 397.45 FEET OF 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 CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY APPROVED FEBRUARY 24, 1876, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
NORTHWEST QUARTER; THENCE ALONG THE NORTHERLY LINE OF SAID NORTHWEST
QUARTER, SOUTH 88"34'00" EAST, 328.67 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTH
88.34'00" EAST, 328.67 FEET TO THE NORTHEAST CORNER OF SAID WEST HALF
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE
EASTERLY LINE OF SAID WEST HALF, SOUTH 00"31'00" EAST, 795.49 FEET;
THENCE NORTH 88.28'00" WEST, 329.06 FEET TO A LINE WHICH BEARS SOUTH
00.29 '30" EAST, FROM THE TRUE POINT OF BEGINNING; THENCE NORTH
00"29'30" WEST, 794.90 FEET TO THE TRUE POINT OF BEGINNING.
1696
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19 _, before Il'e, *
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On this the
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the undersigned Notary Public, personally appeared
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose narre(s) subscribed
to the within instrument, and acknowledged that
executed it.
WIWESS my hand and official seal.
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PAR'rnERSHIP ~
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On this the day .of 19 _, before me, *
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State of
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County of
the undersigned Notary Public, personally appeared
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument
on behalf of the partnership, and acknowledged to me that
the partnership executed it.
WITNESS my hand and official seal.
o:::IRroRATE ~
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* State of C'AL'JC'o~"'"1
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On this the -<b -day of /nAY 19~, before me,
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the undersigned Notary lie, personally appeared
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FVf proved to me on the basis of satisfactory evidence to *
'Se the person)ct who executed the within instrument as *
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therein named, and acknowledged to me that the corporation *
executed it. *
WIWESS my hand and official seal. *
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* Notary's Signatur *
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1697
RESOLUTION NO. P-92-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 89-12M AND
DEVELOPMENT REVIEW 92-02
ASSESSOR'S PARCEL NUMBER 321-190-17
WHEREAS, Conditional Use Permit 89-12M and Development Review
92-02 submitted by Christian Life Assembly, applicant, requests
approval to expand the existing parking lot and to add two detached
modular buildings consisting of a total of 2472 square feet to the
existing church located at 14047 Twin Peaks Road; and
WHEREAS, on May 19 , 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 does hereby resolve as
follows:
Section 1: Environmental Findinqs:
This project is exempt from environmental review, under Class
1 of the CEQA Guidelines as it is a minor addition to existing
facilities.
Section 2: Findinqs:
Conditional Use Permit 89-12M
1.
The proposed project will be consistent with the existing
general plan in that church facilities are permitted with
a conditional use permit in the RS-4 zone.
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 buildings are
architecturally compatible with the existing structure
and surrounding development.
That the scale, bulk, coverage, and density is consistent
with 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.
2.
3.
"EXHIBIT B"
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4.
Resolution No. P- 92-25
Page 2
That there are available public facilities, services, and
utilities to serve the proposed use as all facilities and
services can be provided for through the conditions of
approval.
5. 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.
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 for
the past 30 years and the increased traffic generated by
the expansion will 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.
That there will not be significant harmful effects upon
the environmental quality and natural resources.
8.
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.
9.
Development Review 92-02
1. That the proposed development is in conformance with 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, health, safety, or architecturally related
impact upon adj oining properties, as noted under the
findings in the preceding section.
That the proposed development is in compliance with the
Zoning Ordinance, in that all development standards will
be met in development of the project.
3.
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4.
The proposed development encourages the orderly and
harmonious appearance of structures and property within
the City because' it complies with the design guidelines
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Resolution No. P- 92-25
Page 3
of the General Plan and proposes to remodel the modular
buildings to be compatible with the architectural style
of the existing church building.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 89-12M
and Development Review 92-02 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.
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.
2.
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.
Approval of this request shall not waive compliance with all
sections of the Zoning Development Code and all other
applicable City Ordinance 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.
For this development, the applicant shall pay development fees
at the established rate. The following fees, including but
not limited to, traffic mitigation ($627.00), water base
capacity (if a new water meter is installed), and paving
permit fees shall be paid prior to building permit issuance.
The structure shall meet the state of California regulations
for disabled access and all applicable sections of the Uniform
Building Code for education occupancies.
4.
5.
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Resolution No. P- 92-25
Page 4
All roof appurtenances, including air conditioners, shall be
architecturally integrated, shielded from view and sound
buffered from adjacent properties and streets as required by
the Planning Services Department.
7. All new and existing utility connections and service shall be
located underground.
6.
8. A skirting shall be provided around the base of the modular
unit to screen the piers from view.
9. Handicapped ramp access shall be constructed for the modular
units per Title 24 Accessibility Standards.
10. An all-weather surface walkway (constructed of brick or
concrete) shall be provided from the building to the ramp.
11. Screening landscaping for the modular units shall be installed
prior to commencement of the activity.
12. The modular units shall be labeled as E-occupancy coaches and
disabled access shall be provided throughout.
PARKING AND VEHICULAR ACCESS
1. The proposed expanded parking area shall observe a minimum 25
foot front side yard setback.
2. All parking lot landscaping shall consist of a minimum of one
15 gallon size tree for every three spaces. For parking lot
islands, a minimum 12 inch wide walk adj acent to parking
stalls shall be provided and be separated from vehicular areas
by a six inch high, six inch wide portland concrete cement
curbing.
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.
4. All two-way traffic aisles shall be a minimum of 24 feet wide
and emergency access shall be provided, maintained free and
clear, a minimum of 24 feet wide at all times during
construction in accordance with Safety Services Department
requirements.
LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted
and approved by the Planning Services and Public Services
Departments prior to ~ssuance of building permits. The plans
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2.
Resolution No. p-92-25
Page 5
should particularly address landscape screening for the
modular units and the proposed parking lot expansion. A
minimum 42 inch high screen in the form of a landscaped berm,
wall, or dense hedge shall be provided along the northern
periphery of the proposed expanded parking lot area.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
EXISTING STRUCTURES
Existing building (s) shall be made to comply with current
building and zoning regulations for the intended use of the
building shall be demolished.
ADDITIONAL APPROVALS REQUIRED
1.
Working drawings shall include a certification by a recognized
acoustical expert that the requirements of the City of poway' s
noise ordinance will be met.
2. At the completion of construction, and prior to occupancy,
interior and exterior CNEL shall be determined by field
testing at developer's expense. Tests to be conducted by a
recognized acoustical expert. No occupancy permits shall be
granted until Condition G-7 is met to the satisfaction of the
Building Code (latest adopted edition) "Sound Transmission
Control" .
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
Annex into LMD 83-lB. Assessments
estimated to be $164.90 per year. This
to change each fiscal year.
for FY 1992-93 are
assessment is subject
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
1.
A paving plan prepared by a civil engineer shall be submitted
for site paving. This plan may be prepared as an addendum to
the prior grading plan for the site.
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2.
Resolution No. P- 92-25
Page 6
paving of the subject property shall be in accordance with the
City Grading Ordinance, approved grading plan and soils
report, and accepted grading practices.
A soils report providing "R"-Value and pavement
reconunendation shall be prepared by a qualified
licensed by the state of California to perform such
approved by the City Engineer prior to paving.
4. The final paving plan shall be subject to review and approval
by the Planning and Engineering Services Departments and shall
be completed prior to issuance of building permit, or
conunencement of site work, whichever comes first.
3.
section
engineer
work and
5. A pre-blast survey of surrounding property shall be conducted
to the satisfaction of the City Engineer prior to any rock
blasting. Seismic recordings shall be taken for all blasting
and blasting shall occur only at locations and levels approved
by the City Engineer.
6.
Subgrade and base material compaction reports shall be
submitted and approved prior to continuing with the next phase
of work.
Site elevations shall be certified by the project civil
engineer prior to final occupancy.
8. Minimum paving permit fees shall be paid prior to issuance of
paving permit and/or building permit. These shall be:
7.
Plan Check Fee
Inspection Fee
Soils Review Fee
Permit Fee
$500
$500
$250
$100
STREETS AND SIDEWALKS
All damaged off-site public works facilities, including
parkway trees, shall be repaired or replaced prior to
exoneration of bonds and improvements, to the satisfaction of
the Department of Engineering Services.
Prior to any work being performed in the public right-of-way,
if any, an encroachment permit shall be obtained from the
Engineering Services department and appropriate fees paid, in
addition to any other permits required.
DRAINAGE AND FLOOD CONTROL
1.
2.
1, A drainage system capable of handling and disposing of all
surface water originating within the property, and all surface
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2.
Resolution No. P- 92-25
Page 7
waters that may flow onto the property from adjacent lands,
shall be required. Said drainage system shall include any
easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
Concentrated flows across driveways and/or sidewalks shall.not
be permitted.
UTILITIES
1. All proposed utilities within the project shall be installed
underground.
2. Utility easements shall be provided to the specification of
the serving utility companies and the Director of Engineering
Services.
3. 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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Submit plans for the expansion of the fire alarm system from
the existing building to the new modular buildings.
2. Install a 2A10BC fire extinguisher in each modular building.
3. Re-evaluate the parking lot for fire lanes.
GENERAL REQUIREMENTS AND APPROVALS
Conditional Use Permit 89-12M shall expire on May 19, 1994 if
building permits have not been issued.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 19th day of May 992.
ATTEST:
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Ja Goldsm'th, Mayor
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Clerk
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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Resolution No. P- 92-25
Page 8
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-92-25 , was duly adopted by the City Council
at a meeting of said City Council held on the 19th day of ____
May , 1992, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
REPORTICUP8912N.RES
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
ty Clerk