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Covenant Regarding Real Property 1990-0671754 ", ,. ,. o . 1413 Do't1E:H~t90~P.e~} 754 . ,-.c.:" .RE€0RDINGR.EQUEST' BY': .CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) 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) ~~ \~\ 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 In the event that County Use Permit P65-98M and Development Review expire or are rescinded by City Council at the request of, the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 ~~ fj II<~, '";f~",,,~ 1. <: ;.J OWN, R (NotarIZe) Dated: t2.~ /19'0 CITY OF POWAY BY~ee~~tb~a;i~~ .. "~ ';. " . . 1414 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. "'1-;- ~,' ':" ',. ,- "" -' ... _ '.- ..", . '," -.' .-.,.":' '. - . . . . .' -'" . . ",,' ' . i,"~ciEPTI'N-G~'~th~':,~'ou~Mr leY; 5P(),f € e t, ther.e of',~; ',-, . ''I(.'k It '"' ... .... 'it, * ,It "If j( \it" ,W..'it :; ""9ht:~ f.lf"~.~1 ,"r COunty cjf I' . ",.', '. ~' :., :o.. co.' o.. o.. o., Ii * o., * * . . .. . . *.* , .. On J SS. ) *" * . * . this the *'- ,'*' * * * * '" ,*.,n", *: 'It' /ld,daYOf~ 1415 *, * * *'* * .',.: * i * 1990 " befor.emei * *~ .: ,*.; iT * , .., .' the undersigned ,~,tary 'Public, per~na:UY' appeared J:~:!:::r. 'fI'.'. " ... .OFFICIAlSEAl ' ", .'. ' JUN,E,iC",RO,'BE RTS'. ~ NOrNff PUBLIC, CAIJ_ .. :.PRiIICIPAI.omcelN , , '. SAII_ COlIIlIY ,- ' ~_~!I,'tA. riP. _....j~, ~ 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 .~c/~ : 'li!?, ' "s Signature , . '. . ** **',. * . * * * * * * ~ * * .',** * * * * * * * *, * * * * *'..' * '.. * -* **' ,.: .- -* . '. . * PAR'rnERSHIP ~ ... *' ~* .' .. * '. * * * .- . .'.. . '. . . . '. '. ,. . ,. .' . . . State cjf * *,,*,;~;,. ~,* ., * -* * -* * * '. * ~~. ~ * * * On tld's tne > S5. > day of . *, * .' -Ii, * .. '.,"~ . .' 19 before' me.' ---.' - - -- - " ~ .'. County of ti1e undersigned NdtaryPubli,c, personally appeared ~ .".* , * * * " , 'iI-. ,* ',!" o personally known to me '. . * o.N6~! s Signature ..,"* -* -* * * * * * . -* * -* * ,* '. .. *** '..'* * .' -* -* ~ * .' * * * .. -* * ,* ** * -* * *. * -* * .'.. 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.. * * ,* .* * ;* 'OJRRJRATE'~ ~ ~:. ~ ~ ~.... .'.' * ~ * .. * . -* * -* :.' .,.. -* * . . . * * * -* * * * . . .. * . . .. .. .. * '* .. *. * .* * . .. . . * Notary 'SSi.griature "".'~ ,it! ,.: i* -* . .- :.-; '. -* . .. 6 1\ . . -.' :~.,.~ * * 1\ .' 'lit *,-" -.- ,,:6, .' .. ** *, .. .' ,it * * . ,. .f!. .. ;1\_ *~, Courit:y of On this the >55. ) day of * .' .'. * . ,* '. * *,.' 19 ._,beforeme, * . *. , *. * .. * , .' * * * " * . * .* " state of 'the' uridcisignoo. Notary gublic,personally appeared o 'personally known to 'me '- 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 .executeciit. WI'1NESS, mr hand andoff-.i.ci.ilseal'. * '* .*, '.' (6/84) . . 1416 'I. 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. . . 1417 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. . . 14,1 8' 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. ;, . . 14.19 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. . . 1420 I.' Resolution No . p-90-92 Page 5 '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 . . to 1421 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. . . 142.2 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. . . " 1423 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 . . 1424 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 " ,e .' 14<25 Resolution No. p-90-92 Page 10 STATE OF CALIFORNIA ) ) SS. ) 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 /