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Covenant Regarding Real Property 1990-574888 270 -gO 574888 90 S7'1 yri' . --.'"n)"":::.-1 ~'.J;' ";~'::.~;1'~.~("" " ,. ,_ ,--,_._,f "~.J ,-, .. ;;lih; '(, ~:!, I CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ) ) ) ) ) ) ) ) ) ) ) ) ;'):1\1 DCT 23 g\ 9 13 1 , veRA L. LYLE . ! f:Ov/TY RUapr"l< ! '..,,'-_"__T ,- , ,~~ "l,.<,~ RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: No Transfer Tax Due EmF (0 AR MG (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 In the event that Conditional Use Permit P74-l8 and Minor Development Review 90-51 expire or are rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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). , . ' f !.,.H.J," /I 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 \ ~~~ k 1U~~ Marj1~~e K. wahlsten, City Ci ty ~'foway Clerk C:\REPORT\P7418M.RES