Covenant Regarding Real Property 1991-0599255
2305
_JC " 1991-0599255
20-NDU-1991 08=24 nM
-RECORDING REQUEST BY:
CITY OF POWAY
)
)
)
)
)
)
)
)
)
)
)
)
OFFICIAL RECORDS
SAN DIEGO COUNiY RECORDER'S OF11CF
ANNETTE EVANS, COUNTY REC0RDFR
RF: 9.00 FEES: 2~.'/
AF: 13.00
rF: 1.00
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
/iJ
f7l
1f
Penasquitos Congregation of Jehovah's Witnesses. a non-profit
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 317-
031-36 ("PROPERTY" hereinafter), In consideration of the approval
of Variance 91-06 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In the event that Variance 91-06 expires or is rescinded by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
this Covenant against OWNER.
Dated: 1/,fV,1ff/g#l- /1/44/
/1)~ '4,~. ~/j)6Nr
OWNER (No~riZe) ,
Dated: ttJ~/I./")'('1; /'/9/
CITY OF POWAY
By k>. L. ZJ~U- - ct."'-~"A;IA..,
(No need to otarize)
2306
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
That portion of Lot 30 in Tract F of Poway, in the City of
Poway, County of San Diego, State of California, according to
Map thereof No. 536, filed in the County Recorders Office of
San Diego, together with the West Half of the alley and the
North One-Half of Seventh Street as vacated and closed to
public use immediately adjoining said Lot, lying Easterly of
a line which is parallel with and 323.25 feet Westerly from
the Westerly line of pomerado Road (formerly Escondido
Avenue) .
EXCEPTING THEREFROM that portion of said land, if any, lying
Northerly of the centerline of Meadowbrook Lane as shown on
Road Survey No. 1772.
. GE~.E"'AL ACKNOWLEDGMENT
~ x.*. ~ * * * * * * * * * *
* State of
On this the
* ~~O)* *
_day of
*
* * * * * * * * * * * * * * * *
*
* * * * * * * * *
* County of
*
*
*
*
*
* .
*
*
*
*
*
)
) SS.
19 before me, *
*
*
*
*
*
*
the udersigned Notary Public, personnally appeared
[] personally known to me
*
[] proved to me on the basis of satisfactory evidence to *
be the person(s) whose name(s) subscribed to *
the within instrument, and acknowledged that *
executed it. *
WITNESS my hand and official seal. *
* *
* *
* *
* Notary's Signature *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
.* State of
PARTNERSHIP ACKNOWLEDGMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
19
t before me, *
*
*
*
)
) SS.
* County of
*
*
*
*
*
*
*
*
*
*
*
*
*
*
On this the _day of
the udersigned Notary Public, personnally appeared
*
*
*
*
*
*
*
*
*
*
*
*
*
*
[] personally known to me
[] 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.
* Notary's Signature *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CORPORATE ACKNOWLEDGMENT
* * * * * * * * * * * * * *
* State of CALI~()Jt./.J; ~
*
* County of S;:AV L)/~/')
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
~ personally known to me
[] proved to me on the basis of satisfactory evidence to *
be the person(s) who executed the within instrument as *
or on behalf of the corporation *
therein named, and acknowledged to me that the corporation*
executed it. *
WITN~nd and official seal. *
Notary' s Si~n~~re ~ t20~ \:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * . * * * * * * * * * * * * * * *
SS.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* * *
OFFICIAL SEAL
LINDA l DOTY
NOTARY PUBLIC - CAliFORNIA
SAN DIEGO COUNlY
My comm. expires DEe 30, 1992
On thi s the I::1:1::!Lday of /VOVEIIilI5U...
L I ~t)1'J L.. UO~/
the udersigned Notary 'Public, personnally appeared
LJ,LU'/4pYj r CoO/)E./C?.
19'1l, before me, *
*
*
*
*
*
*
*
*
y
f
l
t~@f}
l
2308
RESOLUTION NO. p-91-73
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 91-06
ASSESSOR'S PARCEL NUMBER 317-031-36
WHEREAS, Variance 91-06, submitted by the Penasquitos
Congregation of Jehovah's Witnesses, applicant, request approval to
reduce the required 50 foot setback from an adjacent residential
zone. The applicant seeks to observe a 19 foot setback for a
proposed two-story addition to an existing worship hall located at
12337 Meadowbrook Lane in the RS-7 (Residential Single-Family 7)
zone; and
WHEREAS, on October 29, 1991, 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 resol ve as
follows:
Section 1: Environmental Findinqs:
The project is exempt from environmental review. It qualifies
for a Class 5 categorical exemption under CEQA Guidelines
because the variance is a minor alteration to land use
limitations.
Section 2: Findinqs:
1.
The proposed project will be consistent with the existing
general plan and there is a reasonable probability that
the project will be consistent with the proposed general
plan.
That there are special circumstances applicable to the
property (size, shape, topography, location, or
surroundings) 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.
2.
The principal need for the setback variance stems from
the circumstance that the original site development plan
for the subject property was approved by the County and
according to County standards and setbacks, which were
less restr icti ve than current City setback standards.
Therefore, the existing church building does not observe
the required 50 foot setback.
r.:
L'
4.
l
r....::.;.....
:':((:x:)
,......
2309
Resolution No. p-91-73
Page 2
The subject parcel is constrained by a steep 25 foot plus
slope along the western property line. The proposed
addition is to be sited along the base of this slope.
The slope should provide a substantial physical buffer
between the subj ect use and the adj acent vacant Rural
Residential A zoned property to allow the uses to be
compatible.
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 variance will allow
the applicant to construct on-site living quarters for a
traveling minister similar to the caretaker quarters of
st. Michael's Catholic Church. There are also other
churches in the area such as st. Bartholomew's Episcopal
Church and the Temple Adat Shalom both located on
pomerado Road which observe setbacks of less than 50 feet
from adjacent residential single-family zones. .
Granting the variance, or its modification 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 25 foot grade separation between the subject
use and the adjacent rural residential property should
provide a substantial physical buffer between the two
types of land use.
5. The granting of this variance does not constitute a
special privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which such
property is situated, in that other religious buildings
in the vicinity have been constructed with similar or
lesser setback standards.
3.
6. The granting of this variance does not allow a use or
activity which is not otherwise expressly authorized by
the zoning regulation governing the parcel of property
because the Zoning Ordinance permits semi public uses
(religious institutions) in residential zones with an
approved conditional use permit.
7. Granting the variance or its modification will not be
incompatible with the City of poway General Plan.
Section 3: City Council Decision:
The City Council hereby approves Variance 91-06 subject to the
following conditions:
=,~'
l~
l
r..:.:.:.:.:.:
i:,\\"'M
;......
I
2310
Resolution No. P-91-73
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. The applicant shall obtain a City Council approved
development review and a modification to the existing
County use permit for the proposed church addition prior
to building permit issuance.
3. The property shall be developed in accordance with the
approved site plan on file with the Planning Services
Department.
4. Approval of this variance 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.
5. This variance shall become null and void October 29, 1993
if building permits have not been issued.
APPROVED and ADOPTED by the City Council of the City of Poway,
state of Californie, this '9th day of oct. er ':f"
~\c~_
Ja GOI~mith' Mayor
ATTEST:
'ih
Marjor'e
~ ~ tV"-'> -l.-
Wahlsten, City Clerk
~
l-~
[
[,',;',",
t:.::::::I;:~
2311
Resolution No. P- 91-73
Page 4
STATE OF CALIFORNIA
55.
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-Ql-73 . was duly adopted by the City Council
at a meeting of said City Council held on the ,Qth day of ____
October , 1991, and that it was so adopted by the following
vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
k ')lltvu-b...
K. Wahlsten, City Clerk
oway
REPORT IVAR91 DB ,RES