Covenant Regarding Real Property 1991-0410523
RECORDING REQUEST BY:
CITY OF POWAY
1437
r'c " 1991-0410523
13-AUG-1991 08:18 AM
OFFICIAL RECOROS
SAN OIEGO COUNTY RECORDER'S OffICE
ANNETTE EVANS, COUNTY RECOROER
RF: 14.00 FEES:
AF: 12.00
MF: 1.00
27. 00
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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(This space for Recorder's Use)
WHEN RECORDED MAIL TO:
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Roman Catholic Bishop of San Diego, a corporation sole as to
Parcel A and Diocese of San Diego Education and Welfare
Corporation, a corporation as to Parcel B ("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 275-460-26, 58 ("PROPERTY" hereinafter).
In consideration of the approval of county Major Use Permit
Modification P74-77 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 County Major Use Permit Modification P74-77
expires or is rescinded by City Council at the request of the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 reimQursement 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. 5 n '
RI> CA..th., Ite.1 ,!I~t,of of Q..1II VIe.jD
Dated: OIl" ~ ('fCr / by' . J~
Q fOWNER (Notarize) ~..M...
Dated: rl1 /u, /~f7/
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CITY OF POWAY
By
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(NO need to otarize)
STATE OF CALIFORNIA)
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COUNTY OF SAN DIEGO)
On this .;-d day of ~ ,19 1'1 , before me. Joyce E.
Davis. a Notary Public in a for said State. personally appeared
VINCENT WHELAN, personally know to me to be the Attorney-in-Fact of the
Roman Catholic Bishop of San Diego. a corporation sole. that executed
the within instrument and acknowledged to me that said corporation sole
executed the same.
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WITNESS my hand and official seal.
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LEGAL DESCRIPTION
-ORDER NO. 48307-45
PARCEL A;
ALL THAT PORTION OF LOTS 3 AND 4 IN SECTION 35, TOWNSHIP 13 SOUTH,
RANGE 2 WEST, SAN BERNARDINO BASE A~ID MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY BOUNDARY OF SAID LOT 4
DISTANT THEREON SOUTH 13~02'51R WEST 1351.87 FEET FROM THE
NORTHWESTERLY CORNER OF SAID LOT 3; THENCE ALONG SAID WESTERLY
BOUNDARY SOUTH 13u02'S9R ~mST, 275.00 FEET TO THE NORTHWESTERLY
CORNER OF LAND DESCRIBED IN DEED TO THE RO~mN CATHOLIC BISHOP OF
SAN DIEGO, RECORDED MAY 12, 1959 AS DOCm~ENT NO. 95593 OF OFFICIAL
RECORDS BEING A POINT IN THE NORTfIERLY LINE OF TEE SOUTHERLY 7
ACRES OF THAT PORTION OF SAID LOT 4 ~1HICH LIES NORTHERLY OF THE
EASTERLY PROLONGATION OF THE SOUTHERLY BOlJNDARY OF SAn BERNARDO
RANCHO AtID ~mSTERLY OF THE CENTER LINE OF TilE ~mIN PUBLIC HIGH~lAY
ROUTE 3; THENCE SOUTH 83QSO'40. EAST ALONG THE NORnlERLY LINE OF
SAID LAND A DISTANCE OF 555.92 FEET TO THE CENTER LINE OF THAT
CERTAIN 60.00 FOOT coutffY ROAD KNOWN AS MISSION ROAD I-A, ALSO
KNOWN AS POMERADO ROAD; THENCE NORTH 2u07'OO. EAST ALONG SAID
CENTER LINE A DISTANCE OF 273.69 FEET TO AN INTERSECTION WITH A
LINE BEARING SOUTH 83050'40a EAST FROH THE POINT OF BEGHlNItlG;
THENCE NORTH S3~50'40a WEST 503.63 FEET TO THE POI}IT OF BEGINNING.
THE SOUTHERLY 7 ACRES OF THAT PORTION OF LOT 4, SECTION 35,
TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND 11ERIDIAN, .
IN THE COutffY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVl'jY THEREOF WHICH LIES NORTHERLY OF
THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY LINE OF SAN
BERNARDO RANCHO AND WESTERLY OF TIlE CENTER LINE OF THE MAIN PUI3LIC
HIGHWAY, ROUTE 3, THE NORTHERI..Y I,INE OF SAID SOUTHERLY 7 ACRES
BEING MEASURED PARALLEL WITH THE SOUTHERLY LINE OF Tim ABOVE
DESCRIBED LAND.
EXCEPTING THE~CFROM THAT PORTION OF THAT CERTAIN 7 (SEVEN) ACRE
PARCEL OF LAND IN LOT 4 (FOUR) OF FRACTIONAL SECTION 35, TONNSRIP
13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUWry OF
SAN DIEGO, STATE OF CALIFORNIA, WHICH LIES NORTHERLY OF THE
EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF RANCHO SAN BERNARDO
AND WESTERLY OF THE CENTER LINE OF COUNTY HIGllIiAY COHMISSION
MISSION ROAD I-A (NOW KNOWN AS POl>1ERAT.lO ROA.TJ), SAID PORTION LYING
EASTERLY OF A LINE DESCRIBED AS FOLI.OVIS;
48307-45
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Exhibit A
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BEGINNING AT A POINT ON THE EASTERLY PROLONGATION OF THE SOUTHERLY
LINE OF SAID RANCHO SAN BERNARDO DISTANT THEREON 286.65 FEET
tmSTERLY FROM THE CENTER LINE OF SAID POMERADO ROAD; THENCE
NORTHERLY PARALLEL WITH THE CENTER LINE OF SAID POMERADO ROAD A
DISTANCE OF 277.43 FEET; THENCE WESTERLY AT RIGHT ANGLES A
DISTANCE OF 23.00 FEET; THENCE NORTHERLY AT RIGIlT ANGLES A
DISTANCE OF 91.00 FEET; THENCE WESTERLY AT RIGHT ANGLES A DISTANCE
OF 33.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE NORTUERLY
LINE OF SAID 7 (SEVEN) ACRE PARCE!,.
PARCEL B:
THAT PORTION OF THAT CERTAIN 7 (SEVEN) ACRE PARCEL OF LAND IN LOT
4 (FOUR) OF FRACTIONAL SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2
WEST, SAN BERNARDINO r.fERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, WHICH LIES NORTHERLY OF THE EASTERLY PROLONGATION
OF THE SOUTIlERLY LINE OF RANCHO SAN BERNARDO AND WESTERLY OF THE
CENTER LI~~ OF COUNTY HIGHWAY COm1JSSION MISSION ROAD I-A (NOW
KNOWN AS POMERADO ROAD), SAID PORTION LYING EASTERLY OF A LINE
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY PROLONGATION OF THE SOUTHERLY
LINE OF SAID RANCHO SAN BERNARDO DISTANT THEREON 286.65 FEET
WESTERTJY FRO~1 THE CENTER LINE OF SAID POMERADO ROAD; THENCE
NORTHERLY PARALLEL WITH THE CENTER LINE OF SAID PO~reRADO ROAD A
DISTANCE OF 277.43 FEET; THENCE WESTERLY AT RIGHT ANGLES A
DISTANCE OF 23.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES A
DISTANCE OF 91.00 FEET; THENCE WESTERLY AT RIGHT ANGLES A DISTANCE
OF 33.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE NORTHERLY'
LINE OF SAID 7 (SEVEN) ACRE PARCEL.
48307-45
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1441
RESOLUTION NO. P-9l-43
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MODIFICATION OF MAJOR USE PERMIT P74-77
ASSESSOR'S PARCEL NUMBER 275-460-26, 58
WHEREAS, a modification of Major Use Permit 74-77, was
submitted by st. Michael's Catholic Parish, applicants, for the
purpose of constructing a new sanctuary for the property located at
15546 pomerado Road in the City of Poway, County of San Diego,
State of California; 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 hereby issues a Negative Declaration with
mitigation measures required for public service impacts.
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.
2.
That the location, size, design, and
characteristics of the proposed use will be
wi th and will not adversely affect or be
detrimental to adjacent uses, residents,
structures, or natural resources, in that a
has occupied the site in excess of 15 years.
operating
compatible
materially
buildings,
church use
3. 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.
4. 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. The use of low water usage fixtures will be
required throughout the project.
That there will not be a harmful effect upon desirable
neighborhood characteristics in that churches are
considered to be an integrated neighborhood use.
6. That the generation of traffic will not adversely impact
the surrounding streets and/or the City I s Circulation
5.
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7.
8.
9.
1442
Resolution No. P- 91-43
page 2
Element in that a condition of approval will require the
payment of Traffic Mitigation Fees as well as provision
of adequate off-street parking facilities.
That the site is suitable for the type and intensity of
use and development proposed in that the site is located
in a commercial zone and has demonstrated compatibility
with surrounding property.
That there will not be significant harmful effects upon
the environmental quality and natural resources in that
the site is wholly disturbed and presently in use as a
church and school facility.
That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
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.
Section 3: City Council Decision:
10.
'.,.
The City Council hereby approves the modification of Major Use
Permit P74-77 subject to the following conditions:
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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 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.
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.
Revised site plans and building elevations incorporating all
conditions of approval shall be submitted to the Planning
Services Department prior to issuance of building permits.
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.
144.3
Resolution No. p-91-43
Page 3
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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.
5. Pr ior to any use of the new building, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Planning Services.
4.
6. 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.
7. 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.
Permit and plan check fees shall be paid upon submittal of an
improvement and/or grading plan as applicable.
All fees, including but not limited to water service fees, for
additional or increased meter sizes, sewer cleanout, and sewer
inspection fees shall be paid prior to building permit
issuance.
8.
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.
PARKING AND VEHICULAR ACCESS
1. All new 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 adjacent to parking
stalls shall be provided and be separated from vehicular areas
by a six inch high, six inch wide portland concrete cement
curbing.
2. All exterior 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.
3. All two-way traffic aisles shall be a minimum of 25 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.
4. All parking spaces shall be double striped.
1444
Resolution No. P-91-43
Page 4
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LANDSCAPING
1. A detailed drought tolerant landscape and low-flow irrigation
plan shall be submitted to and approved by the Planning
Services Department prior to the issuance of building permits.
2. 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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
1. Grading of the subject property shall be in accordance with
the Uniform Building Code, City Grading Ordinance, approved
grading plan and geotechnical report, and accepted grading
practices.
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2.
A soils report shall be prepared by a qualified engineer
licensed by the State of California to perform such work prior
to building permit issuance.
3. A geological report shall be prepared by a qualified engineer
or geologist and submitted at the time of application for
grading plan check.
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4. The final grading plan, prepared on a standard size sheet,
shall be subject to review and approval by the Planning
Services and Engineering Services Departments and shall be
completed prior to issuance of a grading permit.
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. A final compaction report shall be submitted and approved
prior to issuance of building permits.
7. Site grading shall be certified by the project civil engineer
prior to issuance of building permits.
8.
All new slopes shall be a minimum of 2: 1 (horizontal to
vertical) .
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Non-supervised or non-engineered fill is, specifically not
allowed. Rock disposal areas shall be graded in compliance
1445
Resolution No. P-91-43
Page 5
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with City-approved soils investigations and recommendations an
grading plans.
Erosion control, including but not limited to,
basins, shall be installed. The developer
provisions to insure the proper maintenance of
control devices throughout their intended life.
STREETS AND SIDEWALKS
10.
desiltation
shall make
all erosion
1. All Circulation Element roads shall be dedicated and improved
to Circulation Element Road Standards and to the
specifications of the Director of Engineering Services.
2. All damaged off-site public works facilities, including
parkway trees, shall be repaired or replaced prior to final
inspection to the satisfaction of the Department of
Engineering Services.
3. Prior to any work being performed in the public right-of-way,
an encroachment permit shall be obtained from the Engineering
Services department and appropriate fees paid, in addition to
any other permits required.
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The developer shall acquire an encroachment permit for any
private improvements placed within the public right-of-way.
DRAINAGE AND FLOOD CONTROL
4.
1. A drainage system capable of handling and disposing of all
surface water originating within the project site, and all
surface 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.
2. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
3. Concentrated flows across driveways and/or sidewalks shall not
be permitted.
UTILITIES
1. 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.
2.
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 upon demand by the City.
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1446
Resolution No. P-91-43
page 6
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Water and sewer main lines and appurtenances that will be
installed at locations other than within public streets shall
have an easement, a minimum of 20 feet wide, dedicated to the
Ci ty of poway. Mul tiple parallel facilities will require
additional easement width for on-site facilities. Lines shall
have the easement dedicated by a separate instrument recorded
prior to plan approval or building permit issuance, whichever
comes first. Easement review fees shall be paid at submittal.
4. All public utility lines (i.e., water, sewer, drainage) not
located within public streets shall have an improved access
over and along the respective easement, the surfacing and
width of which shall be acceptable to the City Engineer.
3.
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5. All remaining overhead utility lines shall be placed
underground prior to final building occupancy.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Roof covering shall be fire retardant as per UBC Section
3203(3) and City of Po way Ordinance No. 64.
2.
The buildings shall display their numeric address in a manner
visible from the access street. Minimum size of the building
numbers is six inches on the front facade of the building.
Building address shall also be displayed on the roof in a
manner satisfactory 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.
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4. An approved fire sprinkler system will be rquired to be
installed within the new building. The entire system is to be
monitored by a central monitoring company. System post
indicator valves with tamper switch, also monitored, are to be
located by the City Fire Marshal prior to installation.
5. Two new on-site fire hydrants are required. The location of
the hydrants shall be determined by the City Fire Marshal.
Approximate locations will be southwest of the new church and
northwest of the existing cloister.
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.
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Resolution No. P- 91-43
Page 7
Prior to delivery of combustible building material on site,
water and sewer systems shall satisfactorily pass all required
tests and be connected to the public water and sewer systems.
In addition, the first lift of asphalt paving 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.
7.
9. Permanent access roadways for fire apparatus shall be
designated as FIRE LANES with appropriate signs and curb
markings.
GENERAL REQUIREMENTS AND APPROVALS
1. Prior to occupancy, all dedications shall be made and
easements granted as required above.
2.
Developer shall provide the City of poway with copies of all
digitized topographic and improvement data reflecting initial
conditions and as-built conditions of the development.
APPROVED and ADOPTED by the City Council of the
state of California, this 16th day of Jul 1991.
ATTEST:
Jan
K11J
. Wahlsten,
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City Clerk
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1448
Resolution No. P-91-43
page 8
STATE OF CALIFORNIA
SS.
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-91-43 , was duly adopted by the City Council
at a meeting of said City Council held on the 16th day of _
July , 1991, and that it was so adopted by the following
vote:
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES:
NONE
ABSTAIN: NONE
ABSENT:
NONE
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wahlsten, City Clerk
way
REPORT\P7477(M2).RES