Covenant Regarding Real Property 1990-574888
270
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CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
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(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Palomar pomerado Health System, a California hospital
district ("OWNER" hereinafter), formerly known as Palomar
pomerado Hospital District and Northern San Diego County
Hospital District, 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
275-461-04 ("PROPERTY" hereinafter). In consideration of
the approval of Conditional Use Permit P74-l8 and Minor
Development Review 90-51 by the City of poway ("CITY"
hereinafter), OWNER hereby convenants 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,
encumbrances, successors, heirs, personal representatives,
transferees and assigns of the respective parties.
In the event that Conditional Use Permit P74-l8 and Minor
Development Review 90-51 expire or are rescinded by City Council
at the request of the OWNER, CITY shall expunge this Covenant
from the record title of the PROPERTY.
Dated:
10/,5),10
OWNER PI/LOIYI~'< .pOAl E~/UJo f-/i'f11t. T /I
~a
(Notarize)
s,}Is/eN/
By:
-
CITY OF POWAY
Dated: ~I<i', /tJ9tJ
By: Ed.." Z; )~ft - ~.
(No need to otarize)
271
. STATE OF CA'z,IFORt'-j~A
...C~UNTY OF~ JY-t..ej/J
ON /0-/0- 90 BEFORE ME, THE UNDERSIGNED A NOTARY
PUBLJC IN AND FOR SA ID S TA TE , PERSONALLY APPEAR D /f?tJt}...(.A.T
. m YcI.I.,tJaAclA./ KNOwN TO t.E T BE THE . .......
e.e () OF
AND KNOWN TO ME TO BE THE PERSON WHO EXECUTED THE WIT N
INSTRUMENT ON BEHALF OF SAID PUBLIC CORPORATION, AGENCY OR
POLITICAL SUBDIVISION, AND ACKNOWLEDGED TO ME THAT SUCH PUBLIC
CORPORATION, AGENCY, OR POLITICAL SUBDIVISION EXECUTED THE SAME.
WITNESS MY HAND AND OFFICIAL SEAL.
SIGNATURE4)A./JO...la~ a &e./ilZ.t,
13/lR./3/i,€/J If bEtl-k'TE 1-
NAME <TYPEO OR PRINTED)
. OFFICIAL SEAL
BARBARA A 8K1<TEl
" . NOTARY PUBLIC . CAl'~ORN'A
, SIAN DIEGO COIINlY
. My comm. ..pl,.. OCT 28, It9Z
..
...
272
SCHEDULE A PAGE No.2
ORDER NO. 86433-10
LEGAL DESCRIPTION
ALL THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35,
TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 22, 1876, WHICH LIES
SOUTHERLY OF THE NORTHERLY LINE OF THE SOUTHERLY 1980.00 FEET (MEASURED
ALONG THE EAST LINE THEREOF) OF SAID WEST HALF.
EXCEPTING THEREFROM THE SOUTHERLY 990.00 FEET (MEASURED AT RIGHT ANGLES) OF
THE ABOVE DESCRIBED LAND.
ALSO ALL THAT PORTION OF LOT 3 AND 4 IN SAID SECTION 35, WHICH LIES BETWEEN
THE WESTERLY PROLONGATION OF THE NORTHERLY AND SOUTHERLY LINES OF THE ABOVE
DESCRIBED LAND AND EASTERLY OF THE CENTER LINE OF THE MAIN PUBLIC HIGHWAY.
ROUTE THREE (3).
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273
RESOLUTION NO. p-90-71
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING COUNTY USE PERMIT P74-18M
AND MINOR DEVELOPMENT REVIEW 90-54
ASSESSOR'S PARCEL NUMBER 275-461-04
WHEREAS, County Use Permit P74-18M and Minor Development
Review 90-54 submitted by the Palomar pomerado Hospital District,
applicant, requests approval for the construction of a storage
buiJ.ding on the Pomerado Hospital site in the Open Space zone,
located at 15615 Pomerado Road; and
WHEREAS, on September 18, 1990, 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 of the City of poway does
hereby resolve as follows:
Section 1: Environmental Findinqs:
This project is categorically exempt from environmental review
under Class 1 of the CEQA Guidelines, in that the project is
a minor addition to an existing facility.
Section 2: Findinqs:
County Use Permit P74-18M
1. 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 adj acent uses, residences, buildings,
structures, or natural resources, in that the storage
building will be located behind the existing hospital and
constructed of materials and designed to match the
existing building.
2. That the harmony in scale, bulk, coverage, and density is
consistent with adjacent uses, in that the facility is a
minor, detached addition to the existing hospital.
3. That there are available public facilities, services, and
utilities, in that the site has existing development.
4. That there will not be a harmful effect upon desirable
neighborhood characteristics, in that the storage
building will be a minor addition to the existing
hospital.
274
Resolution No. p- 90 -71
Page 2
5. That the generation of traffic will not adversely impact
the surrounding street and/or the City's Circulation
Element, in that the storage building will not generate
additional traffic.
6. That the site is suitable for the type and intensity of
use or development which is proposed, in that the storage
building will be a minor addition to the existing
hospital.
7. That there will not be significant harmful effects upon
environmental quality and natural resources, in that the
storage building is a minor addition and will be located
in an area that is currently developed.
8. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
9. 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 proposed use conforms with the
City's General Plan.
Minor Development Review 90-51
1. That the proposed development is in conformance with the
poway General Plan.
2. That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties, in that the proposed
addition will be architecturally compatible with adjacent
buildings.
3. That the proposed development is in compliance with the
zoning Ordinance, in that the project meets the
applicable standards of the Open Space zone.
4. That the proposed development encourages the orderly and
harmonious appearance of structures and property within
the City because it will blend with the adjacent
development.
Section 3: City Council Decision:
The City Council hereby approves County Use Permit P74-18M and
Minor Development Review 90-54 subj ect to the following
conditions:
275
Resolution No. P-90-71
Page 3
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. All conditions of approval established for County Use
Permit P74-18 shall apply.
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 Ordinances 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.
4. No outdoor storage of equipment shall be permitted.
5. A landscape and irrigation plan for all created slopes
surrounding the storage structure shall be submitted to and
approved by the Planning Services Department prior to issuance
of building permits.
6. Disabled access must be provided throughout the structure in
compliance with the applicable sections of Chapter 33 of the
Uniform Building Code.
APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
A grading plan for the development of the property shall be
submitted to the City's Engineering Services Departme~!or
276
Resolution No. P- 90-71
page 4
review and approval prior to issuance of a grading permit and
start of grading operation. Rough grading of the site must be
completed and shall meet the City's Engineering Services
inspector's approval prior to issuance of a building permit.
APPLICANT SHALL CONTACT THE SAFETY SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The applicant shall provide a new fire hydrant within 300 feet
of the storage structure.
2. Dead end access roadways in excess of 150 feet long shall be
provided with approved provisions for the turning around of
Fire Department apparatus.
3. A fire sprinkler system is recommended to adequately protect
the storage area.
APPROVED and ADOPTED by the City Council of the City of poway,
State of California, this 18th day of September, 1990.
~0~~
Don Higginson, or
ATTEST:
~%~ K PUM0~
Marjorie\ K. Wahlsten, City
\j
Clerk
277
Resolution No. P-90-71
Page 5
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-90-71 was duly adopted by the City Council at a
meeting of said City Council held on the 18~h day of September,
1990, and that it was 50 adopted by the following vote:
NOES:
BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NONE
AYES:
ABSTAIN:
NONE
ABSENT:
NONE
\
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Marj1~~e K. wahlsten, City
Ci ty ~'foway
Clerk
C:\REPORT\P7418M.RES