Covenant Regarding Real Property 1990-0671754
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Do't1E:H~t90~P.e~} 754
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.RE€0RDINGR.EQUEST' BY':
.CITY OF POWAY
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SAN.DIEGO' COUNTY RECORDER'S OFFICE
'VERA L. LYLE, COUNTY RECORDER
RF: 15.00 FEES:
AF; 13.00
MF: 1. 00
29.00
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P..O, BOX 789
POWAY, CA 92064
No Transfer Tax Due
( This space for Recorder "s Use)
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COVENANT REGARDING REAL PROPERTY
,The:yutheran Church of the Incarnation"ef San Diego County
California ("OWNER" hereinafter) is the. owner of real property
described ,in Exhibit A .which is attached hereto and made a part
hereof and which is cortuTlonly known as Assessor,' s Parcel Number' 273-
820-08 ("PROPERTY" hereinafter). In consideration of the approval
of County Use Permit 65'~98M and Development R'eview 90-10 by the
City of poway ("CI<:rY" 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 an~
assigns of the respective parties.
In the event that County Use Permit P65-98M and Development
Review expire or are rescinded by City Council at the request of,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.
If ei therparty .is required to incur costs to enforce the
provisions of this Covenant, the prevailing par"ty shall ,be entitled
to full .reimbursement of ;all costs, including reasonable attorIleys'
fees, from the other party., The CITY may assign to pers9ns
impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
Dated: 1/ tDe<:.....'" tq'1... , q'fO
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OWN, R (NotarIZe)
Dated: t2.~ /19'0
CITY OF POWAY
BY~ee~~tb~a;i~~
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Ihe following described real property in the
c.,untrof San"Dieg6 . Slate of California:
PortIon of Section 26, Township 13 South, Range 2 West, San
Ber'nardino Meridian, more particularly described on the rider
attached hereto aDd"made a part hereof.
That portion of Section 26, Township 13 South, R::tn,;c 2
Hest, Gan l3ernardino J1eridian, in the Counj;y Llf Gan 1hczo,
State o-f Ca,1:ifornia,accordinG to United States Government
survey thereof, described as follo~s:
Deginning at the Northeaster ly corner of saio Se.ction 26,
as said Uortheastor ly corner is" sllO\oin- on Record elf
Survey HapHo. 35B2; filed in the office of the Count:/
Recorder of said" San DieGO County; thellce 110rth 32,oil+5' 59"
\-lest along the Horther1y line of suid Section l a dis t;:;,nce
of 330 feet to the true point of begin!linr:;; thence South
1014101" VJest 1333.05 feet to the inter.sectioll "~lith the
center line ,of the 60 foot traveled right of "JaY for
road purposes as shown. on said Record of Survey ['lap Ilo.
3582; thence along ,said center Lille asshO\oJD on said
Map, North 88056156" i-J<;st 342.44 feet .to a tangent 375
foot radius curve, concave Norther ly; thence North
1014'01" E8.st 1334.'14 f.eet to the intersoction "lith tho
Northerly line of $:i:id Lot 1; thencc.Coutl188"lt5'59" ~ast
along said llorthcrly l:inc 3l12.44 feet to the true point
of beginning.
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1415
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1990 " befor.emei *
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the undersigned ,~,tary 'Public, per~na:UY' appeared
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o proved to me on tne b?-5is qf, ::;atis'factory evideric~ . .
:~e~i~s~~~~~:r~~l~ed thatS~ :.
ex.ecuted it. '. .
WI'lNESS my hand and o~ficial seal. it
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PAR'rnERSHIP ~
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ti1e undersigned NdtaryPubli,c, personally appeared
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b proved to me 011 the basis of satisfactory evideric~
. to be the person(s) ,who executed the wit:l1.in in~~ent*
on ,~f of !:he parthEfrsliip, and ,ackI:JOwledged ,to me that *
tJ:lepartnership eXecuteg it, .
WITNESS my hand and o.fficral seal.. *
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Courit:y of
On this the
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state of
'the' uridcisignoo. Notary gublic,personally appeared
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nprovej tq m~ c,(l :theba,~is of satisfactory evidence to
'De the per.son(~.) who executed the within instrument ~ .
,or on behalf of the. corporatlon
~thEfreih named, artdacknowledged to .methatthe corporation
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WI'1NESS, mr hand andoff-.i.ci.ilseal'.
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RESOLUTION NO,. P.,<JO - 92
,A RESOLUTION OF THE CITY COUNCIL
OF 'THE,:' CITY OF POWAY,c;:ALIFORNIA
APPROVING MODIFICATION OF COUNTY' US.E PERMIT P65-98M
AND DEV,ELOPMENT REViEW 90-10
ASSESSOR'S PARCEL NUMBER 273-820-08
WHEREAS" Co"mty Use Permit P65-98M and Development Review 90-
10 submitted, by the Lutheran Church of the Incarnation, owner, and
Irwin Ar.chTtectural partnership, applicant, requests approval for
construction' of a new 14,93'4 square foot fellowship hall, 4,635
square fooJ classroom/admin,istration building, additional parking
on the 'existing church lot located at 16889 Espola Road, in the. RR-
C zone; and
wgEREAS,on November 27,1990, the City Council held a hearing
on the above-referenced item.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
The Ci tyCouncil. f"iIlds that this prO] ect will not have a
significant adverse'impact on the environment and hereby
issues a Negative Declaration.
Section 2: Findinqs~
County Use Permit P65-98M
1. The proposed ptoj:'ect 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 operating
characteristics of the proposed ~se will be compatible
with and will notadve"rsely affect .or be materially
detrimental to adjacent uses; residents, buildings,
structures, or natural resources. The church has
operated at this location for years in a manner
compatible with the surrounding residential neighborhood.
Existing church uses are also located tb the west of the
site..
3. That the scale, bulk, coverage, and 'density is consistent
with adjacentupes, in that all development standards of
the zoning Development Code have been met. The project
will meet the applicable property development standards
for off-street parking, setbacks, lot coverage, and
building height.
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Resolution No. P-iJO-92
Page 2
4. That there a"re available public ;fac:ili ties, services., and
utilities to serve the proposed use, in that four EDUs of
sewer capacity' have, been allocated to the proj ect and all
fac~lities and services can be:provided for through the
conditions of approval.
5. That there will not be. a harmful effect upon desirable
neighborhood characteristics, in that the physical
separation b~tween residential and church uses will be
adequate.
6. That the generation of traffic will not' adversely impa.ct
the sur.round'ing streets and/or the City's Circulation
Element in that a condition of approval will require the
payment of Traffic Mitigation Fees and the constriidtion
of an expanded off.-street parking ,lot for church services
ahd activities. '
7. That the site is suitable for the type and intensity of
use and development proposed in that the property is
located adjacent to another church and the p'roposed
parking an"d sanctuary will be buf:fered from adjacent
homes to the north and east.
8. That there .will rlOt be significant harmful effects upon
the environmental 'quality and natural resources in that
this sit'e has been previously graded and developed and
native vegetation and habitat no longer exist on the
site.
9. That there are;no other relevant negative impacts of the
proposed use that cannot be mitigated.
10. That the impacts as described above:"and the location of
the proposed use will not adversely affect the City of
poway Gene~al plan for future as well as present
de.velopment in that the General plan allows church uses
in rural residential zones subj ect to approval of a
conditional use permit.
Development Review 9,0-10
1. That the proposed development is in conformance with the
pOl/,'ay General Plan, which. permits churches in rural
residential zones subject to approval of a conditional
use permit.
2. Th9t tte proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon. adjoining properties, as noted under the
findings in the preceding section.
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Resolution No. P~O-92
Page 3
3. That the proposed development is in,compliance y;ith the
zoning Ordinance, in that all development s,tandards of
the RR-C zone as well as the special standards applicable
to semi-public uses will be met in '.development of the
project.
4 .Th~ proposed development encourages the orderly and
harmonious appearance of structures and property within
the City because, it complies with the design guidelines
of the General Plan.
Section 3: City Council Decision:
The City Council her~by approves County Use Permit 65-98M and
Development Review 90-10 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 perm.i;t shall not be
conducted in such a manner as to interfere with the
reasonable use and enjoyment of surrounding residential
and semi public uses.
APPLICANT SHALL CONTACT THE DEPARTMENT JjF 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. Rev:i,sed site plans and bllilding 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 Development Code and all other
applicable City Ordinance in effect at the time of building
permit issuance.
4. All retaining walls on site shall be.,constructed of split face
or slumps tone block.
5. The site plansqall .be revised to show that a solid wood fence
or decorative w,all with a minimum, height of 42 inches will be
provided along the northern and northwestern boundary of the
parking area in order to screen headlights.
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Resolution No. P-90-92
page 4
'6. The modular clfficeunit shall be removed from the sitE;! when
the phase I buildIng ,at that locat'ion requires its removal.
7. pri"or ,to. any use of the proj ec_t site or business activity
bEi'ing:commenced thereof, all condition", of approval contained,
here,in shall be completed to the satisfaction of the Director
of Planning Services.
8. The appl:L,cant s_hall comply with the latest adopted Uniform
Building Code, '. Uniform Mechanical Code, Uniform Plumbing Code,
Natiorial EiLectric Code, Uniform Fire eode, and all other
applicable codes and ordinances in effect at the time of
building permit issuance,
9. For a new commercial orindust-rial development, or addition to
an existing development, the applicant shall pay d,=velopment
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.
10. This approval shall become null and void if building permits
are not issued for this proj ect within two years from the date
of project approval.
11. Building identification and/or addresses shall be placed on
all new and existing b0.iidings so as to be plaTnly visible
from the street or aCcess road; color of identification and/or
addresses shall c.ontrast with their background'color.
PARKING AND VEHICULAR AeCESS
1. All parking lot landscaping shall .consist, of a minimum of <;>ne
15 gallon size tree for every three spaces. For parking, lot
isl,mds,a minimum }.2, inch wide walk adj acent to parking
stalls shall be provi'dE;!d and be separated .from vehicular areas
bya s'ix inch 'high, six inch wide portland concrete cement
curbing,.
2. parkiriglot lights shall be low pressure' sodium and have a
maximumhetght of 18 feet from the finished grade of the
Pi'lrking surface and be directed away from all property lines,
adj acentstreets ,and ,res-idences,
3. All two-way 'traffic aisles shall be C!, ,minimum of 25 feet wide
and emergericy 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.
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Resolution No . p-90-92
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'LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to
and approved by the Public Services .Departmentand Planning
Servises Department. pr-ior to the issuance of building permits.
2. A MasterPlan of theex'isting on-site trees sl1all be provided
to the Planning Services Department, prior to the issuance of
building permits an.d prior to grading, to' determ'ine which
trees shall be retained.
3. Existing on-site tr~~s shall be retained wherever possible and
shall be trimmed and/or topped. Dead, de<:;aying or potentially
dangerous trees shall be approved fClr' .removal at the
discretIon of 'the Planning Services Department during he
review of the Mas,terl?Ian of existing on-s'ite trees. Those
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 ar,?as shall be maintained. in a healthy and
thriving condition, free from weeds, trash, and debris.
SIGNS
Any signs propClse~ for this development shall be designed, and
approved in conformance with the Sign Ordinance. '
RECREATION
Dedicate the Master planned equestrian/pedestrian trails to
the satisfaction of the Directors of Public and planning
Services in accordance with the Master plan of'Trails Element.
APPLICANT SHALL CONTACT THE DEPARTMENT OF. COMMUNITY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS;
1.. The developer sl1all dedicate and impr'ove a 15 foot trail
easement on the northern property boundary.
2. The developer shall annex into Landscape'Maintenance District
86-01.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING' CONDITIONS:
GRADING
1. Grad:ing of the subj ect property shall be in accordance with
the Uniform Building Code, City Grading Ordinance, approved
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Res"olution No. P-,90-92
Page 6 '
gradingpl'an and geotechnical re'pott, and accepted grading
practices.
2. A soils report shall be prepared by a qualified engineer
licensed by the State of California to perform such work
at first submittal of grading plan.
3. A geological report shall be prepared by 9, qualified engineer
or geologist and submitted at the time of application for
grading plan check.
4. The ,final grading' plan shall be subj ect to review and approval
by the Planning~nd Engineering Services, Departments and shall
be completed along with rough grade approval prior to issuance
of building permit.
5. A pre-blast survey of surrounding property shall be conducted
to thesatisfactiol1 oJ the City Engineer prior to any rock
blasting. Seism~c recordings shall be taken for all blasting
and blasting. shall occur only at locations .and levels approved
by the City Engineer.
STREETS AND SIDEWALKS
1. The new driveway approach on Espola Road shall be cons.tructed
as an alley apron approach in accordance with San Diego
Regional Standard Drawing G-17.
2. Sidewalks 4.5 feet in width shall be required on the nod:h
side of Espola Road_upon closure of the existing driveways in
Phase 3 of the developmerit.
3. Reciprocal access and maintenance and/or agreements shall be
provided insuring access to, all parcels over private roads,
drives or parking ,areas and maintenance thereof to the
satisfaction of the Director of Engineering Services.
4. Street improvements that include, but are not limited to:
x
S.idewalks
Driveways
Wheel chair ramps
Curb and gutter
Cross gutter
Alley gutter
Street paving
Alley paving
x
x
shall be constructed ,in phase 3 of the development to the
satisfaction of the Director of Engineering Services.
5. All damaged off-site public work~ facilities, including
parkway trees, shall be repaired or replaced prior to
exoneration of bonds and improvements, to, the satisfaction of
the Department of Engineering Services.
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Resolution No. p-90-92
Page 7
6. Prior to any work-being performed in. "the public right-of-way,
a right-of-way permit shall be obtained from the Engineeririg
Services .depar-sment and appropriate fees paid, in, addition to
any other permits required.
7. c'l'he developer shall pay the Traffic Mitigation Fee at the
established rate prior to the issuance of abuilding permit
for each phase.
8. The developer shall agree to pay its pro rat,a share for
installation of a proposed landscaped medi'an along the proj ect
frontage.
DRAINAGE: AND FLOOD CONTROL
1. Intersection drains will be required at locations specified .J:iy
the Direct9r of Eng,:i!neeringServices and in accordance w.ith
standard engineering practices.
2. A drainage system capable of handling and disposing of ~ll
surface water originating wi thin the development, and all
surface waters tha~ may flow onto the development from
adj acent lands, shall be required. Said d,rainage system shall
include any easements and structures as required by the
Director of Engineering Services to properly handle the
drainage.
3. Portland cement cone_rete cross gutters shall be installed
where water crosses the roadways.
4. The Master plan of Drainage Fee shall, be paid at the
established rate in accordance with the Drainage Ordinance
prior to issu~nce of a building permit.
5. Concentrated flows a'cross driveways and/or sidewalks shall not
be 'permit ted .
UTILITIES
1. All proposed utilities within the project shall be installed
underground including existing utilities along Circulation
Element roads and/or h:i!ghways less than 34.5 KV.
2. Utility easements, shall be provided to the specification of
the serving utility companies and the Director of Engineering
Services,.
3. The developer shall be responsible for the relocation and
under'gr'ound,ing of, existing public utilities as required.
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Resolution No. P- 90-92
Page 8
4. water, sewer', and f.ire protection systems plans shall be
designed and constructed to meet requirements of the City of
Eoway and the County of San Diego Department of Health.
5. The applicant shall, within 30 days after receiving approval
of the conditional use permit and development review apply for
a Letter of Availability (LOA) to reserve sewerage
availability an post with the City; a non-refundable
reservation fee eq\lal to 20% of the appropriate sewerage
connection fee in 'effect at the time the LOA is issued.
6. Developer shall construct a light system conforming to City of
poway standards at no cost to the public, subj ect to the
following:
a. Cut-off luminaries shall be installed which will provide
true 90 degree"cutoff and prevent projection of light
above the horizontal from the lowest po'int of the lamp or
light emitting refractor or device.
b. All fixtures shall use a clear, low pressure sodium vapor
light source.
c. Advance energy charges and District engineering charges
shall be paid by the developer. '
d. Annexation to the lighting district shall be accomplished
and evidence of annexation shall be accomplished at the
time of" final inspection or Certificate of Occupancy,
whichever occurs later.
APPLICANT SHALL C0NTACT .THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Roof covering shall meet Class B fire retardant testing as
sp,ecified in the Uniform Building standards No. 32-7 for fire
retardant roof covering materials, per City of poway Ordinance
No. 64'0
2. The buildings shall display their numeric address in. a manner
visible from the access street. Building addresses shall also
be displayed on the roof in a manner satisfactory to the
Director of Safety Se!vices. Minimum size of building numbers
is 18 inches on facade of building.
3. All new and existing buildings will be required. to install an
approved fire sprinkler system. The entire system is to be
moni tared by a central monitoring 'agency. A system post
indicator valve with tamper switch, also monitored, is to be
located by the City Fire Marshal prior ~o installation. If
approved by the City Fire Marshal, existing buildings which
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Resolution No. P- .90-92
page 9
are not being remodeled will not be required to be retrofitted
with. fire sprinklers.
4.
The addition of on-site
location of the hydrants
from Espola Road.
fire hydrant is. required. The
shall be at. the driveway entrance
5. Knox Security System lock box and padlock are required.
6. Fire lane access with approved curb markings and signs shall
be provided.
7 .
A complete fire
classrooms and/or
school.
alarm system shall be provided in all
any room used in conjunction with a daytime
8. Kitchen cooking facilities shall be constructed with an
approved hood and duct extinguishing system.
9. Prior to delivery of combustible building material on site,
water and sew'er 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.
GENERAL REQUIREMENTS . AND. APPROVALS
The Lien Agreement recorded April 22,
81~123254 shall be released prior
Occupancy for phase I.
1981 as Document Number
to a Certificate of
APPROVED and ADOPTED by the City Council of the City of Poway,
state of California, this 27th day of November 1990.
C~
ATTEST:
~) ! I(!c,\'c"_ ( k ) :(:(c 'lC) L,
Marjorie'K. wahlsten, City Clerk
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Resolution No. p-90-92
Page 10
STATE OF CALIFORNIA
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COUNTY .OF SAN DIEGO
I, Marj orie K, wahls,ten, City Clerk of the City of Poway, do
herel:>Y certify, under tile penalty of perjur'y,. that the foregoing
Resolution, No. P-90-92, was duly adppt,?d by the City Council
at a meeting of said City ~Council held on ~the 27th day of
No,vember, , 1990, and'that it was so adopted I::iy the following
vote:
AYES: BRANNON, EMERY. GOLDSM ITH
NOES: NONE
ABSTAIN: HIGGINSON
ABSENT: KRUSE
'7V{00~~
Marjqri K. wahlsten, City Clerk
City of poway.
REPORT\lP6598M.RES
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