Covenant Regarding Real Property 1992-0006844
.RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
DOr-" 1992-0006844
07-JAN-1992 08:29 AM
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2004
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVAHS, COUNTY RECORDER
RF: 13.00 FEES:
AF: 21. 00
MF: 1.00
35.00
(This space for Recorder's Use)
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COVENANT REGARDING REAL PROPERTY
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 County Use Permit P75-66M4 and Development Review 91-30 by the
Ci ty of Poway ("CI TY" here ina f ter). OWNER hereby covenants and
agrees for the benefit of the CITY. to abide by conditions of the
a~tached 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 County Use Permit P75-66M4 and Development
Review 91-30 expires or is rescinded by City Council at the request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. P"''''''s''o,-o < ~""..ou'I'T((" of
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Dated:
1'z-3(J- '91
Datedl Ju~ /0)/'1'11
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OWNER (Not#iZe) ,
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CITY OF POWAY
By
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(No need to tarize
2005
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.
. GI;NEIlAL ACKNOWLEDGMENT
* * * * * * * * * * * * * * * * *~ * * * *
* ~ QO*6* *
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* State of
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On this the ____day of
19
before me, *
*
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* County of
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the udersigned Notary Public. personnally appeared
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[] 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 *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PARTNERSHIP ACKNOWLEDGMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
,* State of
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* County of
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) SS.
On this the ____day of
before me, *
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the udersigned Notary Public, personnally appeared *
19
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[] 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. *
* *
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* Notary's Signature *
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,
CORPORATE ACKNOWLEDGMENT
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* State of CAU'/:nlJ.J.)jlJ
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* County of Sill'" D~~ti.. ()
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) SS.
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On this the ~ay of [)rcl.II1~N' 19Q..1, before me, *
the udfr;'~n~1 N~~:??~iC, personnally appeared
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, ,
OFFICIAL SEAL
LINDA L DOTY
NOTARY PUBLIC ~ CALIFORNIA
SAN DIEGO COUNTY
My comm. expires DEe 30, 199'2
~ personally known to me
[] proved to me on the basis of satisfactory evidence to *
be ..t.he person(s) who executed the within instrument as *
r'R~I~Io.'T or on behalf of the corporation *
therein named, and acknowledged to me that the corporation*
executed it. *
WITNESS ~ and official seal. *
Notary' s Signa:~~~ y? /.Z, ~ ':
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2007
RESOLUTION NO. P- 91-85
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MODIFICATION TO P75-66M4 AND
DEVELOPMENT REVIEW 91-30
ASSESSOR'S PARCEL NUMBER 317-031-36
WHEREAS, County Use Permit 75-66M4 and Development Review 91-
30, submitted by the penasquitos Congregation of Jehovah's
Witnesses, applicant, requests approval to construct a 2,711 square
foot two-story addition to an existing worship hall located at
12337 Meadowbrook Lane in the RS-7 zone; and
WHEREAS, on December 10, 1991, the City Council held a hearing
on the above-referenced item.
NOW, THEREFORE, the City Council does hereby resol ve as
follows:
Section 1: Environmental Findinqs:
This project is categorically exempt Class I from the
California Environmental Quality Act in that it is an addition
to an existing structure.
Section 2: Findinqs:
County Use Permit P75-66M4
I. The proposed proj ect will be consistent with the existing
general plan.
2. 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 wi th the surrounding residential neighborhood.
That the scale, bulk, coverage, and density is consistent
with adjacent uses, in that all development standards of
the Zoning Ordinance have been met. The project will
meet the applicable property development standards for
off-street parking, lot coverage, and building height.
In addition, the grade difference between the subject lot
and the surrounding properties, provides an adequate
physical buffer for the use.
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4.
That there are available public facilities, services, and
utilities to serve the proposed use in that one EDU of
sewer capacity has been allocated to the project and all
"EXHIBIT B"
2008
F
Resolution No. p- 91-85
Page 2
facilities and services can be provided for through the
conditions of approval.
5.
That there will not be a harmful effect upon
neighborhood characteristics, in that the
separation between the residential and church
be adequate.
desirable
physical
uses will
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6. That the generation of traffic will not adversely impact
the surrounding streets and/or the City I s Circulation
Element in that a condition of approval will -require the
payment of Traffic Mitigation Fees.
7. That the site is suitable for the type and intensity of
use and development proposed in that the use has operated
at this location for years in a manner compatible with
the surrounding residential neighborhood.
8. 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.
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 as well as present
development in that the General plan allows church uses
in RS-7 zones subject to approval of a conditional use
permit.
9 .
Development Review 91-30
1. That the proposed development is in conformance with the
poway General Plan, which permits churches in RS-7 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 adj oining 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 RS-7 zone as well as the special standards applicable
to semi-public uses will be met in development of tne
proj ect.
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4.
Resolution No. P- 91-85
Page 3
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.
Section 3: City Council Decision:
The City Council hereby approves P75-66M4 and Development
Review 91-30 subject to the following conditions:
1. Wi thin 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 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 semi-public uses.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Disabled accessibility must be provided throughout
floor of the proposed church including rest rooms,
and all rooms adjacent to the main assembly area.
the first
platform,
2. A minimum of two parking stalls complying with current state
Building Standards Code Requirements for the Disabled must be
provided.
3. Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the
conditions contained herein.
4. Revised site plans ,"ld building elevations incorporating all
conditions of appn. al shall be submitted to the Planning
Services Department prior to issuance of building permits.
5. 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.
6.
Trash receptacle shall be enclosed by d six foot high masonry
wall with view-obstructing gates pursuant to City standard~.
Location shall be subject to approval by the Planning Services
Department.
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2010
Resolution No. P-~1-85
Page 4
7.
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.
8. 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.
9. For an addition to an existing development, the applicant
shall pay development fees at the established rate. Such fees
may include, but not be limited to permit and plan checking
'fees, water and sewer service fees. These fees shall be paid
prior to building permit issuance:
Engineering Inspection Fee
$500.00
Sewer fees for one additional EDU of sewer capacity shall be
paid prior to building permit issuance.
10. 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.
LANDSCAPING
1. All created slopes of 5:1 or greater shall be landscaped and
a permanent irrigation system shall be installed prior to
final occupancy.
2. Existing on-site trees shall be retained wherever possible and
shall be trimmed and/or topped. Dead, decaying or potentially
dangerous trees shall be approved for removal at the
discretion of the Planning Services Department. Those trees
which are approved for removal shall be replaced on a tree-
for-tree basis as required by the Planning Services
Department.
3. All landscaped areas shall be maintained in a heal thy 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.
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Resolution No. p-91-85
Page 5
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
STREETS AND SIDEWALKS
I. Sidewalks 4.5 feet in width shall be required on Meadowbrook
Road fronting the property west of the driveway.
2. 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.
3. Prior to any work being performed in the public right-of-way,
a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to
any other permits required.
4. The developer shall pay the Traffic Mitigation Fee at the
established rate prior to building permit issuance.
DRAINAGE AND FLOOD CONTROL
The Master plan of Drainage Fee
established rate in accordance with
prior to building permit issuance.
shall be paid at the
the Drainage Ordinance
UTILITIES
1. All proposed utilities within the project shall be installed
underground including existing utilities along Circulation
Element roads and/or highways less than 34.5 KV.
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.
3. If an on-site fire hydrant is required by the Fire Marshal,
the applicant shall pay for a water system analysis to
establish the proper size and location for the public water
system. The amount will be determined by the cost of the
analysis and shall be paid prior to building permit issuance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1.
Roof covering shall be fire retardant as specified in the
Uniform Building Standards No. 3203(e) and City of poway
Ordinance No. 64. .
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2.
Resolution No. p.jl-85
Page 6
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 addre, shall also be displayed on the
roof in a manner satisf2.ory to the Director 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 have an approved fire
sprinkler system installed. The entire system is to be
monitored by a central monitoring agency. A system post
indicator valve with tamper switch, also monitored, is to be
located by the City Fire Marshal prior to installation.
5.
One new on-site fire hydrant is
hydrant shall be determined
Approximate location will be at
church at Meadowbrook Lane.
required. The location of the
by the City Fire Marshal.
the driveway entrance into the
6. 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.
7. Prior to delivery of combustible building materials on site,
water and sewer systems shall satisfactorily pass all required
tests and be connected to the public water and sewer systems.
In addition, access roadways shall be in place to provide
adequate, permanent access for emergency vehicles. The final
lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the
satisfaction of the City.
8. Fire Department access for use of fire fighting equipment
shall be provided to the immediate job construction site at
the start of construction and maintained at all times until
construction is completed.
9.
Permanent
designated
markings.
access roadways for fire apparatus shall be
as "FIRE LANES" with appropriate signs and curb
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2013
Resolution No. P- 91-85
Page 7
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
Annex into LMD 83-1 at a rate of 50 percent. Annual
assessment at this rate for FY1991-92 is $59.34. The annual
assessment and rate of assessment are subject to change.
Property owner is to sign "Consent to Annexation" form prior
to pulling building permits.
APPROVED and ADOPTED by the City Council of the City of Poway,
state of California, this loth day of December 1991.
ATTEST:
Mayor
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Marjo i h ste; i Clerk
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STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
2J14
Resolution No. P- '1-85
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-91-85 , was duly adopted by the City Council
at a meeting of said City Council held on the 10th day of ____
December ,1991, and that it was so adopted by the following
vote: .
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NOES:
ABSTAIN: NONE
ABSENT: NONE
REPORTIP7566,RES
Marj ~11:d{1t!d,d//ity Clerk
City of poway