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Covenant Regarding Real Property 1999-0286246 .~. ;. .. :.~. .~ --.#' f~~, . DOG~ 1999~0286246 /RECORDING REQUEST.BY ,.l'. APR 29, 1999 8:24 ) ) ) ) ) ) ) ) ) ) ) ) (This space for Recorder's Use) cn'y Of POVjAY WHEN. RECORDED MAIL TO: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J.SMITH.COUNTV RECORDER FEES: . 28.00 C~TYCLERK ~WY"()F POWAY ,POBOX789 POWAYCA 92074-0789 No Transfer Tax Due COVENANT REGARDING REAL PROPERTY Tlie'Rector, Wardens'?nif'VestrymenofSl.Bartholomew's Parish inPoway, California, a,California non'profil.corporatioil ,("OWNER".hereinafter) is the owner of real property descrioed iri ExhioitA which is aHache(th,er~t'? and madeapart,hEfreof and which is commonlykno"Yna,s.~ssess(lr's Parcel 'Number 275- 510-16 ("PR0p,ERTY" hereinafter). Inconsideration of the apprbvalof Conditional U,sel'ermit88-19(2M)by the City of :Poway ("CITY" hereinafter), OWNER hereby agrees to abide by eo'iiditions of theatiached resolution (Exliibit B), ' This Covenant shall Tun-with the land and be binding upon and inure to the benefit of the future owriers,encumbrancers, successors, heirs, personal repre'sentatives, transferees and assigns of the ,respeCtive ,parties. In the event that Conditional use Permit 88-19(2M) expires or is rescinded by City,Councii atthe request of the OWNER, CITY shall expunge this Covenant from, the record iitle oUhe PROPERTY' Inthe event of litigation to enforce the provisions of this Coveriant,.the preliaiiingparty shall be entitled tofullireimbursement.of.-all costs, including:reasonable attorneys"fees, from the other party Dated: Af"; I /S I 1~1.1 /JA1!L~ Sl. Bartho:]w's,paiish OWNER (Notarize) CITY OF POWAY Dated: March 31,1999 4~erN. { By' AM 150<\.0\ -- , CALIFOR~IA ALL.PURPclE ACKNOWLEDGMENT · C-. A I.-. \ r=e IZ. N , A;- County of {; f>qJ ~ \ \E &-D On A~(2.. \ L-- \ q- , Qqc; Date I State of personally appeared Name(s) of Signer(s) o personally known to me - OR -\'lfproved to me on the basi~ o~tisfactory evidence to be the person(~) l ~. whose nameN.!1ai'll subscribed to the t"ithin instrument and ac~n edged to me th~e/the.v executed the same i . - thEllMuthorized capacity(i~, and that by @'~r/th ir signature(S) on the instrument the person(~, or the entity upon behalf of which the person(s!) acted, executed the instrument. r:-~-~-~-----l -{I CO:~:;' ~1'M~328 z ~ ....e: Notary Public - California ~ ~ San Diego County 1 My Comm. Expires No.1 18. 20ll ~-----------""" OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Description of Attached Document W "~ANI 4{1.:?(QQ ~~(Il6- ~AL- I't2-D p~ry Number of Pages: 1 Document Date: Signer{s) Other Than Named Above: ~~ Capacity(ies) Claimed by Signer(s) Signer's Name: G~ tJ \ C-.C)LOSr b-- Signer's Name: o Individual o Corporate Officer Titie{s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator t'(Other' e\NN~.e. c'W <;:;T _ g.A~Tl-fDL("'AIi.\.V~ ~\O;:~ Signer Is Representing: TOp of th-umb here o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in,Fact o Trustee D. Guardian or Conservator D, Other' Top of thumb here RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Signer Is Representing: C 1994 National Notary Association. 8236 Remmel Ave., P.O. Boll. 7184'. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627 . . LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OFSAN DIEGO AND IS DESCRIBED AS FOLLOWS PARCELS 1 AND 2 OF PARCEL MAP NO 12258, IN THE CITY OF POWAY, 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 OFFICIALRECORDS EXHIBIT A . . RESOLUTION NO P- 99-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 88"19(2M) ASSESSOR'S PARCEL NUMBER 275-510-16 WHEREAS, Notice of Public Hearing has been mailed to all property owners within 500 feet of the proposed project soliciting comments both pro and con; and WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN thatthe90-day'period to protest the imposition of any fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020 NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1, Environmental Findings: The previously issued Negative Declaration for Conditional Use Permit 88-19 adequately addresses the potential environmental impacts of the proposed project. Section 2: Findinas: 1. The proposed project is consistent with the general plan in that it is the establishment ota necessary community service, namely child care. Semi- public uses are anticipated to be approved with a conditional use permit. 2. That the location, size, design, and operating characteristics of the use will be compatible with and will not adversely affect or be materially detrimental to,adjacent uses, residents, buildings, structures, or natural resourc~s, in that the church and Sunday school use has been in operation on the site for approximately 30 years without having a significant adverse impact on surrounding development. 3. That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses, because the proposed use will be established within an existing structure. The play area will be that used by the Sunday school classes currently and will be enhanced with additional landscape features in keeping with the needs of very young children. 4. That there are available public facilities, services, and utilities, because the use is located within an existing church campuswhere all necessary facilities are already in place. EXHIBIT B . . Resolution No, P-99-24 Page. 2 5 That there will not be a harmful effect upon desirable neighborhood characteristics, in that the use will be operated on a portion of the site which is significantly separated from adjoining residences and at a grade significantly lower t~an the closest homes which will help to buffer noise generated in the play yard. 6. That thegeneration.ciftraffi.c will not adversely impact the surrounding. streets and/or the City's Transporta.tion Element; in that' the property contains generous:amounts.of on-site parking whichwill more than adequately satisfy the needs of the preschool during the work wEiek, 7 That the site is suitable for the type and intensity of the use, in that the preschool will ,occupy an existingbuildihg on a long-established church campus. 8. ThaUhere will not.be.~sighificant harmful effe"ts~poh environmental quality and natural resources, in that the property isfullY'developed. 9 That tl:1ere are no other relevant negative impacts of the development that cannot be mitigated. Section 3: City Council DeCision: The City Council hereby approves Conditional Use Permit 88-19(2M) subject to the following conditions: Within 30days.ofapproval (1) the applicant shall submit-in writing.that all conditions of approval ha~e been readalJd ul1derstood;an(j (2) the property owner shall execute a CovenantbnReal Property. . The use conditionally granted, by this permit shall not pe conducted .insuch a manner as to ihterfere with the reilsonable use andenjoynient of surrounding residential :uses. This conditional use permit. shall. b,e~ul:>jed to annual 'revieW by the Director of Planning SeT')/ices for compliancewitht~e conditions of approval ahdto address concerns that .may have occurred during the past year If the permit is not in cOrhpliance1with the conditions of approval, or the Planning Services Department has:re,ceived.complaints, the required annual reviE3W shall be set for a public hearing before the City Council, to consider modification or revocation ofthe use permit. . . Resolution No. P- 9 9 - 2 4 Page 3 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COM~L1ANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. 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. 3. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permitissuance. 4. Prior to any use of the project site or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Pianning Services, 5. 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. 6. This approval shallbecome.enull and void if building permits are not issued for this project within two years from the date.of project approval. LANDSCAPE IMPROVEMENTS 1 Complete landscape construction documents shall be submitted to and approved by the Planning Services Departm:ent prior to the issuance of building permits. Plans shall ,he prepared in accordance with ,Gity of Poway Guide to Landscape Requirements'(latest edition). 2. A Master Plab of the existing on-site trees shall be provided to the Planning Services Department prior to the issuance of buildjng permits and prior to grading, to determine which trees shall be retained. 3. Existing on-site trees shall be retained wherever possible and shall be maintained in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous . . Resolution No. P- 99- 24 Page 4 trees shall be approved for removal at the discretion of the Planning Services Department during the review ofthe Master Plan ofe~isting on-site trees. Living trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Services Department. 4 . All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and.debris. The trees shall be.encouraged'and allowed to retain a natural form_ Pruning'should be restricted to maintain the health of the trees and to protecUhe public.safety. Unnatural or excessive pruning, including topping, is not permitted. SIGNS Any signs proposed for this project shall be designed and approved in conformance with the Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. ~ ~ 1 A right-of-way permit sh.all be obtained from the City's ~ngineering Services Departiilentforanywork to be done within the public street right"of-way or any City- held easement. Said work shall include, but is not limited to, construction of driveway approach, sewer'lateral installation, water service line installation, and street construction. l .:l.. 2. The following development fees shall be paid to the Engineering Services Department prior to building permit issuance. These fees are currently in effect and subject to change withoutprior notice. Sewer Connection Fee Traffic Mitigation Fee =$4,94760 =$1,016.40 These'feesl'lre based on up to44 students. Additional fees shall be paid if number of students is exceeded. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE ApPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. A ful.l fire alarm system is to be installed, with horns, smoke detectors, and pull statioiJ.s'to be included. Plans must be submitted to and approved by the fire department' before the system is installed. , c " . . Resolution No P- 99 - 24 Page 5 2. The two new exterior gates shall have panic hardware on them. 3. If the proposed interior wall is to be built, plans shall be submitted and approved before the wall is built. 4. If the' fire sprinkler system coverage is altered due to construction or demolition, plans shall submitted to and approved by the fire department before any modifications are made to correct the coverage. APPROVED and ADOPTED by the City Council of the City of Poway. State of California, this 30thaay ot March,; 999 STATE OF CALIFORNIA ) )SS. COUNTY OFSAN DIEGO) r I reby certify under the pene;'y of perjury. that the abovo and rcregoing is a true a~ correct copy of Resolution No. r:- q q,..~ J/. . as adopted by the City Councilor Poway, California on the ~ o-bt. daYOf1l;l~ ,19.J..L LORI )\NNE PEOPLES. TV CLERK I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. p - q q - 24 . was duly adopted by the City Council ata meeting of said City Council held on the 30 t h day of Ma rc h , 1999, and that itwas so adopted by the folloWing vote. f..P AYES GOLDBY. HIGGTNSON, REXFORD, CAFAGNA NOES. NONE NONE ABSTAIN: ABSENT: EMERY D Lori nne Peoples, City Cle k City of Poway c;