Covenant Regarding Real Property 1996-0558374
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RECORDING REQUEST BY:
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OFFICIAL RECORDS
SAH DIEGO COUNTY RECORDER'S DFFICE
GREGORY SMI1H, COUHTY RECORDER
RF' 13.00 FEES: 31.00
AF' 17.00
rtF' 1.00
CITY OFPOWAY
.1791
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
PO BOX/789
POWAY CA92074-0789
(This space for Recorder's Use)
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
UVING WAY CHURCH, INC., a Calffomia Corporation rOWNER' hereinafter) Is the owner of real
property described In Exhibit A which Is,attached hereto and made apart hereof arid which is commoniy
known:asAssessor's Parcel Number 314-192-70, 72 rPROPERTY' hereinafter), hi consideration of the
approyal of Environmental Assessment, a Modification to Conditional Use Permit 87:Q3M arid Minor
Devel.opment Review 96'57, by the City' of Poway rCITY' hereinafter), OWNER hereby agrees to abide by
conditions of the attached resolution (Exhibit B).
This Covenant shall run with the land and be bindlnguponanCliriure to the benefit'oftheifuture
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
Ihthe event that EnvironmeJital Assessmeht,,;a' Modiiicatlon'to:Conditional UsecPilrmit87,o3M.;and
Minor Development Review 96-57, expires or Is rescinded by City Councll,at the request of the OWNER,
CITY shall expunge this Covenant from the recor~ title of the PROPERTY
In the event ofiitigatlon.to enfori;;; the provision:; 01 this Covenant, the preveilln(1 party shall be
entitled to full reimbursement of all costs, Including reasonable attorneys' fees, from the other party.
D<!lec!='"
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CITYOFPOWAY
Dated:
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By:
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LEGAL DESCRIPTION
1792
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PARCEL A':
That portion of the NorthHaHof the North'east, 'Quarter of Section 12,
Township .14 South, Range 2 l/,est, San B,ernardino 'M~ridian, in the County of
San :Di'eao, State of Cali'fornia, according to tile Off.icial Plat thet,eof
described. as foilows:
Beainning at a point on the North line of said ,Northeast Quarter distant
'(hereon, South 89"19'50" East 330 feei from the 'Northwest corner of said Northe'
east',9uarter,;thence South 0.26' 00" Eas-t pataJl~l with thel/est line.of ~aH
- Nottlfea'st ,Quar.te_r. of 647'.27 feet.; thence South' 89'32' 30" East 900 feet to a
point in the c8nter line of the ~?unty road described i~ deed to the_County of
San Diego, te'cordedSeptember -JO~ 1)36, in Book 569 of Official Records and
known as Road Survey No. 335, thence North 0"12'30" l/est (record North 0.12'
00" East.) along saidceriter line 454.59 feet to the tiuepoint of beginriing;
thence continuing North 0.12 ''30''l/est along-said center ,line 87.91 feet to the
beginning of a tangent 100'-foot radius curvecopcave Southeasterly; thence
Noi",therly", Northeasterly, and Easterly along sai9 curve 158.62 feet through a
central angle of 90.53' 00" to the point of tangency , said point being also a
point iri the Northerly line of, the above meritioni,d ~Northeast Quarter of
Section 12; thence South 89'13'50" East along said ~ortherly line 338,.51 feet
to the 'Northeast corner of that certain tract of land conveyed to Clfatles l/.
Vasey, etux, by deed recorded March 27, 1953 i'nBook 4799, Page 3;45 of
ofl'id".)I Records of said San ri'iego County; thence South 0.16' 30" East (record
South 0"17'43" East) along the Easterly line of said Vasey land 182.66' feet to
an intersection with a line bearing North 89.47'10" East from the true point
of beginning; thence South 89.47'10" Vest 440.22 feet to the TRUE POIl\'T OF
BEGINNING.
EXCEPTING THEj'(EFRO!c that. portiondescri "ed as follows,:
Commencing at the' Southwest corner of the land descr,ibed as "Parcel B" ina
deed' to 'the' Poway Church of" Christ, Inc., recor,ded January 17, 1967 as File
No. 6605 Of Of,fi'ci,al Records, Records .of s<Ol'd 'County and State; thence along
the South line of said Parcel B South 89'(0'44" East 42.00 feet; ~~ence
paraollel with the '\lest line of said Parcel B ,North 0"19'16" East 232.91 feet
to the true point of beginnina. Said point being the beginning of a tangent
curve concav,eto the 'Soufhceas.i: and havino a radius of 20.00 feet;' thence "
Northerly arid Easterly along .said curve through a central angle of 77.50' 51"
an a'ic length. of 27-.'1'7 feet to a point on a compound curve. concave to the
.SouThand hav~ng a radius of J349.00' feet, a radi,al, line through said point
bear.s Nor,th ,tl' 49' 53" \lesT; thence EasterJoy along said curve through a central
angle of 13.03' 51" an arc length of 307,.59 feet to a' point on a non-tangen,t
line; a radi'al line through ';;hich ,bear's North 1.1'3' 5S"East; thence along said
'non~tangent iine North 88'42'31" Vest jOO,96 feet t6 apoint on a non~tan6ent
curve ,concave' to the Southeast and hav,i'na' a, radius, of 20.00 feet, a radial
li'h~'ti1rough,~~id pobt bears Ilorth 1;.:n~'58" East; thence South;:esterl:y and
Southerly along said curve through a c,~r.tral angle of .90.54' 42" an arc length
of 31-71 feet'; th~r,ce par.allel wi.th the, \lest 1ine, of said Parcel B, South O'
19 "1'6,'" Eas to ]'4'.68 fee t 'to ,the TRUE POI'IIT- OF BfGi:'NJ~Ti{G__
PARCEL B:
That portion of the North half of the Northeast Quarter of Section 12,
Township 14 South, Range 2 \lest, San Bernardino V,eridian, in the County of
EXHIBIT A
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1793
San Diego, State of California, according to the Official Plat thereof, des-
cribed as follows.
Beginnina at ~ point on the North line of said Northeast Quarter distant
tne'r-eon South 89'19' 50" East. 330 feet f'rom the Northwest corner of said
Northeast Q'uarter; thence South 0.26 '.OO"East parallel with the \lest line
of s'aid Noitheas'i: Quarter of 647.27 feet; thence South 89.32'30" East 900
f(:!et to a, point in the center line of the county road described in deed to
~he County of'!an Diego, ,recorded Sept~mber 30, 1936, in Book 569, Page 296
of Official Records and lnown .'!s RO,ad Survey No. 335, thence North 0'12'50"
\lest (record North 0.12'00" \lest) along said center line 304.59 feet to the
true point of beginning; thence continuing North 0'12'30" \lest along said
center line 150.00 feet; thence North 89'47'10" East 440.22 feet to the
Easter'lyline of th'at certain Tract of land conveyed to Charles \I. Vasey,
et UX, by deed recorded March 27, 1953, in Book 4799, Page 345 of Official
Re~ord~ of said San niego County; thence South 0.16'30" East (record South
0"17'4'3" East) along said Easterly line 150.00 feet to an intersection with
a Ii'ne bearing North 89.47'10" East from the true point of beg,inning; thence
Sbuth 8~'47'10" \lest 440.38 feet to the TRUE POiNT OF BEGINNING.
nRCEL C:
The Easterly 241.00 feet of that portion of the North half of the Northeast
,Quarter of Section 12, Township 14 South, Range 2 \lest, San Bernardino Base
o.nd !-~eridic~1 in the County of San Diego, Stz.te of C21ifornia, according to
the Official Plat thereof, described as follows:
Beoinning at a point .on th(, 'Nor.t!', line "f said Northeast Quarter distant
thereon South 89.19'50'; East;' 330.00 feet fr.om the Northwest corner of said
Northeast Quarter; thence South 00.26'00" East, parallel with the \lest line
of said Northeast Quarter 647.27 feet; thence S6uth 89.32'30" East, 900.00
feet to a ,point in the center .'.ine of the county road described in deed to
the County of San Diego, recorded September 30, 1936 in Book 56S, Page 296
of Official Records and known as Road Survey No. 335; thence North 00.12'
30" \lest (record North 00.12'00" East) alol1(1 said center line, 154.59 feet
to the true point of 'beginning; thence continuing North 00'12' 30" \lest along
said center line, 150:00 feet; thence North ~9.47'10" East, 440.38 feet to
the Easterly line of that certain tract of land conveyed to Charles \I. Vasey.
et UX, by deed recorded rarch 27, 1953 in Book 4799, Page 345 of Official
Records of said San Diego County; thence 50uth 00'16'30" East (record South
00'1.7'43" East) along the 'Easterly line of said Vasey land, 150.00 f'eet to a
-line which bears North 89.47'10"Eas't fro," the true point of beginning; thence
South 89'47'10" ;~est, 440.54 feet to the TRUE POINT OF BEGIN1UNG.
c'ALlF~RNIA ALL-PURPOS' ACKNOWLEDGMENT
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1794
State of C~
County of C'\~ ~ m
On t:J:&;;; c?? / FF , before me, 7 ~ w./i-e
perSOnallyappeare:'" ..) i) C{ C Off' ./J/J(.{/ 7:J;T/~;';:"6';' Nota'fP"bl.")
/ Name(s) 01 Signer(s)
o personally known to me - OR -~'roved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
OFFICIAL SEAL executed the instrument.
T, C. VIILKE
NOTARY PUBLlC,CALlFORNIA'll
COMM. NO. 1047836 'i!
SAN DIEGO COUNTY
MY COMM. EXP. DEC. 26, 1998
Signaturecf Notary Public
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OPTIONAL
Though the 'information below is not required by law,';t may prove valuable to per~.ons relying on the document and could prevent
fraudulent removal and '(sattachment of this form to another document.
Description of Attached. Document
Title or Type of Document
Document Date,
Number of Pages,
Signer(s) Other Than Named Above,
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner -'0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other" Top of thumb here
RIGHT THUMBPRINT
OF: SIGNER
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other' Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing,
Signer Is Representing,
C 1994 National Notary Association' 8236 Af!mmet Ave., P.O. Box 7184' Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder; Call TolI.Free 1.800-876-6827
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.1795
RESOLUTION NO. P- 96-72
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING.MODIFICATION OF CONDITIONAL
USE PERMIl87-'03 AND MINORDE,VEUjPMENT REVIEW 96-57
ASSESSOR'S PARCEL NUMBER 3f4-192-70, 72
W~EREi\S, Modification to Conditional Use Permit 87.,03 and Minor Developme.nt
.Review 96-57, LivJng Way Church, requests approval to locate two modular units
oil the church llropertylocated at 11609 Twin Peaks Road within the Residential
Single Family 4 zone.
WHEREAS, on October IS, 1996, the city Council held a hearing on the above
r:eferenceditem.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinqs:
The City Council determines the project to be categorically exempt, Class
I, under the provisions of the California Environmental Quality Act.
Section 2: FindinGS:
Condit i ona 1 Use Permi,t 87-'03 1M,)
1. The proposed proj~ct is consistent with the general plan in that
churches and related accessory structures are permitted to locate
within residential zones with the benefit of a conditional' use
permit.
2. That the location, size, desi~n, 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 resources in that the Living Way Church has
operated compatibly on the present site since 1985.
3. That the scal'e, bul k, coverage, and dens ity is cons i stent with the
adjacent uses, in that the existing semi-publ ie, publ ic and
residential uses located near 'the church which is suburban in scale,
consist of single story build"ings. on large spacious lots.
4. That there are avai"lable public facilities, services, and utilities
to serve the use.
5. That there will not be harmful effects upon desirable neighborhood
characteristics, in that churches provide a needed service to the
community.
EXHIBIT B
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1796
Resolution No. P-96-72
Page 2
6. That the generation of traffi c wi 11 not adversely impact the
surrounding streets and/or the City's Transportation Element in that
the church currently provides all required off~street parking on-
site.
7. That the site is suitable for the type and intensity of use as this
project is the expansion of an existing church which has existed on
the present site for more than ten years.
8. That there will not be significant harmful effects upon the
env i ronmenta 1 qual ity and natural resources in that the site is
completely developed, and contains no native plants or animals.
9. That there are no other relevant negative impacts of the use that
cannot be mitigated.
Minor Development Review 96-57
1. The approved project is consistent with the General Plan as
discussed above.
2. That the approved project wi 11 not have an adverse aesthet i c,
health, safety, or architecturally related impact upon adjoining
properti es in that the exteri or of the modulars wi 11 match the
finish of the existing modulars and the colors of the church.
3. That the approved project encourages the orderly and harmonious
appearance of structures and property within the City in that the
modulars are similar to the modular classrooms that currently exist
on the site.
*Environmental mitigation measures are indicated by the use of *asterisks.
Section 3: Citv Council Decision:
The City Council hereby approves Modification of Conditional Use Permit
87-03(M) and Minor Development Review 96-57, subject to the following
conditions:
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 reasonabl e use and
enjoyment of surrounding residential and commercial uses.
3. This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred .during the
past year. If the permit is not in compliance with the conditions
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R!lution
Page 3
No. P-96-72
1797
of approval, or the Planning Services Department has received
complaints, the required annual review shall be set for a public
hearing before the City Council, to consider modification or
revocation of the use permit.
COMPLIANCE WITH THE fOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE 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 pe~~it issuance.
4. All roof appurtenances, incl~ding air conditioners, shall be
architecturally integrated, screened from view and sound buffered from
adjacent propert i es and streets as requ i red by the Pl anni ng Servi ces
Department.
5. Prior to any use of the new building space, all conditions of approval
contained herein shall be completed to the satisfaction of the Director of
Planning Services.
6. The applicant-shall comply with the latc~t adcpted -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. 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.
8. The modular units shall observe a mlnlmum 50 foot setback from the
adjacent residentially zoned property.
9. Skirting and landscaping shall be provided around the base of themodulars
in order to screen the temporary foundation from view. This shall be
accompnshed prior to certification of occupancy.
10. A detailed .landscape and irrigation plan shall be submitted to the
Planning Services Department for review and approval prior to building
permit issuance.
LANDSCAPE IMPROVEMENTS
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 protect the public safety. Unnatural or excessive pruning,
including topping, is not permitted.
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SIGNS
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Resolutl No. P-96-72
Page 4
1798
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Any si gns proposed for th i s development shall b.!! des i gned and approved in
conformance with the Sign Ordinance.
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY TIi'E DEPARTMENr'~6F SAFETY SERVICES.
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2.
Roof covering shall meet Class A firer:etardant testing as specified in
,the Uniform Building Standards No. 32-7 for fire retardant roof covering
materialS" per Citj of Poway Ordinance #64.
Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrastwj th thei r background. Address may
be required at private driveway entrances.
Every building hereafferconstructed shall be accessible to fire
department appanatus by way of access roadway~ wi th all-weather dri vi ng
surface of not less than 20' of unobstructed width, with adequate roadway
tumi ng radi us capable ofsupporti ng th'e, iniposed loads of fi re apparatus
and having a minimum of 13', 6" of vertica] clearance. The road surface
type shall be approved by the City Engineer, pursuant to the City of Poway
Municipal Code.
Provide a Knox~ecu"ity key lock and or box to be located on building,
required by the Poway Fire Department.
Provide accurate and detailed site pl an to Safety Services Department
pri or to bu i 1 d,i ng perniit issuance.
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7.
Additional fire lane designation will be done during on-site inspections.
Place one 2A10BC fire extinguisher in each tri!iler.
APPROVED and ADOPTED by the City Counci 1 of the City of Poway, State of
California, this 15th day 'of October 1996.
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\'1fiI"':;~~-'-\-\ 7::7 ~-
Don 199inson, Mayor '
ATTEST:
I hereby cert;ly-:-Uiid~'r..the penally
01 peri~ry,/that the :above and
forego~::gi~ a frue ~~~d correct
~opy d)esoluti;;; N~107't:-Z$. - ,
liS adopted by ,the ,City "Council 01
,Poway, -<;:_~ J~~;I5'd
(lay 01 (U, ~.-'i9 &..
iMARJORIE ~:WAHLSTE~ CITY CLERK
'Iliy~ K l1J~
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MarJOrie K. Wahlsten, City Clerk
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STATE OF CALIFORNIA
COUNTY OF SAN.DIEGO
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Resolut! No. P-96-72
Page 5
1799
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
cert ify, under the penalty of perjury, that the foregoi ng Resol ut ion, No.
P-96-72 , was duly adopted by the City Council at a meeting of said City Council
held on the 15th day of October , 1996, and that it was so adopted
by the followrng-vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, HIGGINSON
NONE
NONE
EMERY, REXFORD
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