Covenant Regarding Real Property 1992-0045147
RECORDING REQUEST BY: ) 7~)Q DOC " 1992-0045147
) 28'-JAN-1992 09: 19 AM
CITY OF POWAY )
) OFFICIAL RECORDS
WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECOROER'S OFFICE
) ANNETTE EVANS, COUNTY RECORDER
CITY CLERK ) RF: 10.00 FEES: 26.00
CITY OF POWAY ) AF: 15.00
P.O. BOX 789 ) MF: 1. 00
POWAY, CA 92064 )
)
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
The Rector, Wardens, and Vestrymen of St. Bartholomew's Parish
in Poway. California, a California 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 275-510-16 ("PROPERTY"
hereinafter). In consideration of the approval of modification to
Conditional Use Permit Modification SS-19M 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 SS-19M 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rescinded by City Council at the request of the OWNER, CITY shall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:
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OWNE
Dated:
~/1, /99/
CITY OF POWAY
By
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(No need to otarize
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PARCELS 1 AND 2 OF PARCEL MAP NO. 12258, IN THE CITY OF POWkY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, AUGUST 2, 1982 AS FILE/PAGE NO. 82-237020 OF OFFICIAL
RECORDS.
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. .GENERAL ACKNOWLEDGMENT
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) On this the ~day of '~Il/tA.-_'R::::j
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the udersigned Notary Public, personnally
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OFFICIAL SEAL
WALTER BEERLE JR.
Notary Public-Cal~ornla
SAN DIEGO. COUNTY
My Commlsston Expires
Aprtl l8, 1994
PARTNERSHIP ACKNOWLEDGMENT
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appeared
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WITNESS my hand and official seal.
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Notary s Signature~
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On this the ____day of
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the udersigned Notary Public, personnally appeared
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satisfactory evidence
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CORPORATE ACKNOWLEDGMENT
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WITNESS my hand and official seal. .
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793
RESOLUTION NO. P- 91-86
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 88-19M
ASSESSOR'S PARCEL NUMBER 275-510-16
WHEREAS, Conditional Use Permit 88-19M, submitted by the
congregation of st. Bartholomew's Episcopal Church, applicant, for
the purpose of constructing a columbarium garden on a property
located at 16275 pomerado Road in the Rural Residential C zone; and
WHEREAS, the City Council has read and considered said report
and has considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resol ve as
follows:
Section 1: Environmental Findinqs:
The City Council finds that Conditional Use Permit 88-19M will
not result in any significant impact on the environment and
hereby issues a Negative Declaration.
Section 2: Findinqs:
1. The proposed proj ect will be consistent with the existing
general plan designation of Rural Residential-C in that
the proposed project is a church related use which is
permitted with the approval of a conditional use permit.
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, in that the site is a
part of a property that is the location of an existing
semi-public use. The use is separated from surrounding
residential development to the north-west by existing
structures and to the east by existing slopes. Proposed
landscaping and a fence will provide additional screening
of the site.
3. That the harmony in scale, bulk, coverage, and density is
compatible with adjacent uses, the columbarium garden
will be compatible with the adjacent semi-public use.
Landscaping and the construction of a fence along the
southern perimeter of the site will provide additional
screening from pomerado Road traffic and nearby
residential development.
4. That there are available public facilities, services, and
utilities for the proposed columbarium garden.
"EXHIBIT B"
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Resolution No. P- 91-86
Page 2
5.
That there will not be a harmful effect upon desirable
neighborhood characteristics, in that the proposed
columbarium garden is located on a previously graded site
and shares the site with a related semi-public use. The
site is physically isolated from surrounding residential
uses on three sides by a major thoroughfare and existing
slopes. Landscaping and a fence will provide a buffering
zone to the south.
6.
That the generation of traffic will not adversely impact
surrounding street and/or the City's Circulation Element,
in that the proposed facili ty will generate an
incremental increase in traffic.
That the site is suitable for the type and intensity of
the use proposed, in that the site has been previously
graded and the proposed project consists of wall-like
structures in a garden-like setting.
That there will not be significant harmful effects upon
environmental quality and natural resources, in that the
site as it exists today has been cleared and graded
during previous development.
9. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated, in that the
columbarium garden will be screened by landscaping and a
fence.
10. 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 designates this
site as Rural Residential C and churches and related uses
are permitted with the approval of a conditional use
permi t.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 88-19M
subject to the following conditions:
1. Within 30 days of approval the applicant shall submit in
writing that all conditions of approval have been read
and understood; and the property owner shall execute a
Covenant on Real Property.
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
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Resolution No. P- 91-86
Page 3
3.
Adequate screening shall be provided to ensure that the
area between the columbarium walls is not visible from
off-site.
4.
A detailed landscaping and irrigation plan shall be
submi tted and approved by the Director of Planning
Services within 60 days of project approval. The plan
should specifically address landscaping along the
southern project perimeter. The plans shall incorporate
drought tolerant trees and plants.
Approved landscaping shall be installed pr ior to issuance
of certificate of occupancy.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
5.
A six foot high solid fence shall be placed along the
southern boundary to provide screening for future
residential properties to the south.
The operation and maintenance of the columbarium garden
shall be in accordance with state, County and City Health
and Safety Code and with any other applicable codes.
9. The applicant shall provide written assurance from the
Episcopalian Diocese that it will be responsible for the
operation and upkeep of the columbarium garden if for any
reason st. Bartholomew's Episcopal Church is not able to
meet its obligations.
8.
10. The owner of the church is financially responsible for
the maintenance of the columbarium.
11. In accordance with state law, the owner of the
columbarium garden shall provide written notice to each
person who purchases or agrees to purchase interment
rights in the columbarium garden of that person's ability
to receive notice of a proposed change in the use of the
cemetery for other than cemetery purposes. The written
notice shall be substantially as follows:
"state law gives you the right to know about future plans
to use this cemetery for any other purpose. If you want
to receive information about a future change, you must
contact the local planning office and pay a small fee".
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Resolution No. P- 91-86
Page 5
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-91-86 , was duly adopted by the City Council
at a meeting of said City Council held on the 17th day of
December , 1991, and that it was so adopted by the following
vote:
AYES: EMERY, HIGGINSON, SNESKO, GOLDSMITH
NOES: MCINTYRE
ABSTAIN: NONE
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ABSENT: NONE
Clerk
REPORTICUP8819N.RES