Covenant Regarding Real Property 2009-0435576
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RE-RECORDEI
RECORDING REQUESTED-BY: )
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WHEN RECORDED MAILTO )
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DOC # 2009-0435576
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CITY OF POWAY
AUG 04, 2009
3:52 PM
CITY CLERK
CITY OF POWAY
P.O, BOX 789
POWAY CA 92074
OFFIClo,L F,ECOR[J"
"',0,1-1 [>IECiO CDUIITY RECDF:[ni'S nFFlCE
D/J,VW L BUTLER, LDUIH,' RECDRDER
FEE'::, 5:::,DI.I
PAGES:
17
111111I1111111111111111111111111111111111I111/1111111111111111111/1111/111111111
(This space for Recorder's Use Only)
This document affects RecordedDocument No, 2000"0100343
Re-Record
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COVENANT REGARDING.REAL'PROPERTY
NO DOCUMENTARY TRANSFER TAX DUE
This document is being re-recorded, to correct an error in Document No. 2000-0100343
recorded February 29, 2000"of official, records.
.,.., , ,
Document No, 2000-0100343, was recorded with an incorrect Assessor's Parcel
Number (APN) 275"510-16,listed;qn Exhibit B - Resolution 'No., P"00c14, The correct
Assessor's ParcEll Number (APN)is 275-510-19 as listed on ,the first page of the
document and also in the legal description Exhibit A. '.
I, Shelley Collins, Records Technician, declare under peFlalty of perjury under the laws
of the State of California, that I am familiar with the facts stated in the foregoing
Covenant Regarding Real Property executed for and on its behalf, and that I have read
the foregoing Covenant Regardihg Real Property and know the contents thereof to be
true and correct. '
Date: April 3, 2009
OWNER: St. Bacthqlomew's Episcopal Church
The Reverend FrederickThay r
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of ~ b I 'er-O
On
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before me,
personally' appeared
F I e..--de,/l(:A<
s.ou j)
puh/,'o ,
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who proved to me on the basis of satisfactory evidence to be the person~) whose name(sj- is/~ubscribedto
the within instrument and acknowledged to me that hehb.e,'t1,Gy'executed the same in his/]oIl~r!tRilir authorized
capacity~, and that by his~ir signature(.s:) on the instrument the person(,* or the entity upon behalf of
which the personW acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
..L0 MAJoMA- -kft QCCeA2-
:Signature of Notary. Public /
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Ql MASSOUD SHOAEE
. '''''', ' , Commission # 1666785
~' :"'0',': Notary Public. California ~
~ .,,,", San Oiego County 't
'.. MyComm, ExpIres May.14.2010
(Notary Seal) . ,'~ _ _ _ __, .:... _ _ _ - _'_._ .....
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ADDITIONAL OPTIONAL INFORMATlON
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must, c;ontain verbiage exactly as
appears above in the;nolary section or a separate'acknawledgment [ann must be
properly completed and ,auached to that. document. The only exception is !f a
document is to be recorded outside afCallfornia. In such instanpes, any alternative
acknowledgment verbiage as may be printed on such a document so long as, the
verbiage does not req'fiit:e,the notary to do something-!hat is illegalfor a notary in
California (i.e. certifying tize:authorized capacity of the Signer), Please ch'eck the
document carefully for proper notarial wording and attach this form if required.
DESCRIPTION OF THE ATIACHED D.oCUMENT
~o?V;~o~:nD~i:.~~ ~ I
-P ~~tle;::~ ;:;'ch~ ~:;:c~:~ /d
Number,ofPages ~ Document Date 71/ 510 l'
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
o Individual(s)
o Corporate Officer
(T;t1e)
o Partner( s)
o Attorney-in-Fact
o Trustee(s)
o Other
i608'Version CAPAv] 2.]0.07800-873-9865 www.NotaryClasses.com
. State and County,mformation must be the State ar~,Gounty wherethedoeument
slgner(s) personally appeared before ,the notary public for acknowledgment.
Date ofnotaiization muSt-be the date that the signer(s) p~~o~itJly appeared:w~ich
must also be the same-date the acknowledgment is completed.
The notary pu~lic ml!st print his, or her name as it appears within his or her
commission followed'by a comma and then your title (nomry public).
Print the- name(s) of document signer(s) who personally appear at the time of
notarization.
Indlcatethe'corrCctsingular or plural forms 'by crossing off incorrect forms (i.c.
l1e/she/tRey,- is /af@ ) or ~ircling the correct forms. Failure to correctly indicate this
l,nformation may lead to rejection of document recording.
. The notary' seal impression must be clear and photographically reproducible.
Impression' must-oot cover.text or lines. If seal impression smudges, re-seal jf a
sufficient area permits"otheiwise complete a different acknowledgment fonn.
Signature of the notary public must match the signature on file with the office of
the county clerk,
.:. Additional information is not required but could help to ensure this
acknowlcdgment is not misuscd or attached to a different document.
.:. Indicate tItle or type of attached document, munber of pages and date.
.:. Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
Securely attach this document to the signed document
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nOG' '2000~:Ql0a343
RECORDIN'G REQUEST BY:
crT<Y'OF POWAY
WHEN RECORDED MAil TO::
CIT'f'CL:ERK
CI1'\'~F-P()WAY
P,O BOXQ:89
POWAY CA 92074'-0789
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2000 .8:43
AM.'
.. ." ~. OFfICIAl' RECORDS.
SAlfDIE60' COUNTY RECORDER: S ,OffICE
. GREGORY .T. SlfITH. COUNTY RECORDER
, FEES:"' 49.00
~ 111111 ~IIIMIIII- ,i
2000,0100343
I'!.C? :r:r"ansf~rT.<lxDue
(This spacefQr Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Sl. Bartholomew:s,EpiscopalChurch,PROPERTYOWNER ("OWNERnhereinaftEili).
is the owner of real property described in ExhibitAwKich is attached beret6 and made a
parfhereof and which is commonlY known a~ A~si;!ss'or!s .Pattel Number ;2i5~510-M)
("PROPERTY" hereinafter) incohsideration of the ,appr;..oyal of an amElndmentof
Conditional Use Pe~ri1it88~19(M2),:V?riance99~ 17, and Dev,Ell6pment Reliiew,99-23 by the
City of Poway'("CITY" ti~c~inaJJ:er), OWNER hereby agrees to abide by conditions ofthe
attached resolution, (Exhibjt B),
TI11s,CbVen.,aht'soall'rUhiWilll th,e land and'be,l:Jindii1g upODi.ana inure.to the benefit
.cif: th.e f[jtu:r~ownets, 'E!t1c:ulllbrancers, successoJs,heirs, personal representatives,
tr~t1~sfefees and assigrisofthe respective parties,
In the event that CUP 88-19,VAR 99-17,;and GR 99+23expire,orare rescinded by ,
City'Council at the request ,of the OWNER, CITY shall expunge'this Covenant from the
record title of the PROPERTY::
In the event of litigation to enforce the provisions.orlhis Covenant; the' prevailing
PCl rty;s,h all be ,entitled to full reimbursement of'all costs, inCluding reasonableiattorneys'
fees, frorri tlle,other party,
Dated:
~/~( D~
BY:OW7v~: '/J1Jd, .
2n'. ~()I dlMe.....Jsfp.-~Notarize)
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Dated,
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CITY OF pbWAY
,N:iCITY\f'hA!'I!'II,NG\OO~.Ef'ORnCUP8819M, COV
By:
Niall Fritz, Director of , velopmeriliSer'Vices
, "CA~i~ORNIA'ALL-PURPO.ACKNOWi..EDGMENT
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3961
Ck, PDe-N ( Ac,
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On ,r-~~,.:zVkY ;}-)/ 'da1J before me,
Dale
State of
County of
personally appeared
l~- - - - - :;G:MI:E: ~~ 1
_ Commission # 1117328 ~
i ~ -6 Notary Public - C01tf~,miO ~
, , Son Diego County .
, My Comm. Expires Nov'18, 2lXXl
D personally known to me
~proved to me on the basis of satisfactory evidence
to be the person('s) whose name(~al\l subscribed to the
within instrument and'acknowledged to me tha@Sll.e/the}-.
executed the sameir@~tJejr authorized capacity(i~,
and that by~~t~ir signature(~on the instrument the
person(kl, ol1he entity upon behalf of which the person(~
acted, executed the instrument.
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,
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
D Corporate Officer
Title(s):
D Partri"er -0 Limited D General
o Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in.Fact
D Trustee
D Guardian or Conservator
D Other:
.
Top 0; thumb here
,Signer Is Representing:
Signer Is Representing:
@1996National,NotaryAssociation.',8236'RemmeIAve" P.Q, Box,7184. Canoga Park, CA91309.7184
Prod, No 5907
Reorder: Call Toll.Free 1-800 876-6827
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EXHIBIT A
Legal De'scriptiol1:
Parcel'1, PM 12258,.ih tBe. City of San Diego, StateofGalifornia, Record Book of
Parcel Maps, File#82-23702p; recorded the 2nd day of August, 1982.
APN: 275-510-19
N:ICIT,Y.\PLANNINGIQOREPORTlCUP8819M.DES'
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EXHIBIT B
3969
RESOLUTION NO, p- 00'-14
ARESOLUTION OFTHE CITY COUNCIL
OF THE CITY OF POWAY, CAliFORNIA,
APPR0\fING CONDITIONAL USE PERMIT 88-19(M2),
VARIANCE 99-17 AND DEVELOPMENTREVIEW 99-23
ASSESSOR'S PARCEL NUMBER275-510-16
WHEREAS, Conditional Use Permit88-19(M2), Variance 99-17 and Development
Review 99-23, St. BartholomeW's Episcopal Church, Inc" applicant, requests approval to
construct improvements.to the existing church campus, including the reconstruction ,and
expansion of the education ahd church sanctuary buildings at 16275 Pomerado Road, on
a 4,88 acre site in the RR-C'zon'e, A variance is also.requested for an encroachment into
the required side yard setback; and
WHEREAS, the requestfor a variance for the height ohhe sanctuary bl.llld'ihg Was
later withdrawn; and
WHEREAS, it is.-thedesi[e ofthe congregati9n, to. establish the land use right for
a future private religious'daYi:lcnool and to expand the number of students enrolled in the
school program from 44 t6,72 students; and
WHEREAS, the'applic$i'lt has.requestedCity Council13Pprov~!of abElII'tqi,'ie"r;'fqrtoe
new 'sanctuary buildihg .whicn Will be 60 feet in height arid cheah the education building
at 42,5Jeetin height; and
WHEREAS, on February 15, 2000, the city Council held a duly advertisElf! public
hearing to solicitcommentsJromthe public, both proand,con, relative to this application;
and the City Council considered the above-referenced item,
NOW, THEREFORE,theCity Council does hereby resolve as follows:
Section 1: The .city Council finds the project ,to be Categorically Exempt pursual1t'to
Section 15302 (Cla~s 2) and Section 15305 (Class 5) onhe California Environmental
Quality 'Act b,ecause the use will operate within existirig facilities and it Elntails a mihor
alteration ina setback,limitation that does not.result)n the creation of anew parcel.
Section 2: The finqings in accordance witn Government Code Section 66020 for the
public impro\iElrTIerits are made as follows:
A The design and'irnp[ovements of the proposeq development are consistent with all
elements of, the,Ppway General Plan 'as well as City ordinances because all
necessary services and facilities will be available to serve this project. The
cQnstruction of public improvements needed as a result of the:proposed
development to protectthe public health, safety, and welfare are identified below:
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3,964
Resolution No, pc 00 -14
Page 2
1. Development fees (sewer connection and traffic mitigation) are required to
be paid'on a:per"student basis for the increase in student enrollment from 44
to 72 students, The increase in humber of students causes additional sewer
discharge;and'increased amounts oftraffido'thelocal streets.
2. New,fire hydrantswilLbe required to be'added along with the construction of
the new education and church sanctuary. buildings in order to p!ovide
adequate fire protection to the adults arid children attending the facility
throughoutthe week.
Section 3: The findings In accordance with Section 17.48,070 of the PowayMunicipal
Code for conditional Use Pell1'lit 88-19(M2) approviqg t~e'reconstruction and expansion
of an, existing church, ttie,illcrease ,in the number of. chjldren, in the e)(jsting sgt,\ool fr()1l1
44 to 72, and establishrllent,6fthe right for a future day school are made asfollo"Ys:
A. That the locatiori,size, design, and operating charaCteristics of the use are in
accordance with th~ ge6eral plan and the zoning6rdihClnce in thata church facility
with accessory school f,acilities is found to be a cOI1lP,atiblesemi-public land ,use in
a residential zone when governed by a conditional !Jse permit.
B.> That the location, size; design, and operating charaCteristics of the church and
school facilities will :be ;compatible with and will not I;}avean adverse effect or be
materially detrimentalto'adjacent uses, buildings; orstructures,becausethe church
facility has beenoperatiilg successfully in the same location formore than twenty
years and the schooLhas operated for six months, The proposed expansion is a
response to an increase in the size of the parish which is made up partly of
surrounding residents.
C, That the location and operating characteristics ofthe church,and school facilities will
t]ot be'd~trimentalto the public health, safety, or welfare; or materially injurious to
properties or improvements in the area for,the reasons stated above.
D, That there will be n.o significant harmful effects upon environmental quality and
natLJral,resources in, that the use will operat~ witliin an. existing building envelope
inclu,dJng.parking ot]a previously developed site.- Natural areas along the southeast
and eastern sides of the property will remain natural.
E, Thafthe generation:of traffic Will not adversely impact the.surrounding streets and/or
the City's Circulation Element, in that the use will operate on an existing developed
church property where existing improvements and sufficient off-streetparkingare
in place,
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3;965
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Resolutiori No. P-o'o -14
Page 3
F. That there are no other relevant negative impacts of the use that cannot be
mitigated, .
Section 4: The findings, in accordance with Section 17.50.070 of the Poway Municipal
Code for Variance 99-17 approving the reduction in the side yard setback from 50 feet to
15 feet made as follows:
A. Setback Reduction: That there are special circumstances applicable to the property
arid because of this the strict application of the :zoning ordinance deprives the
property of privileges enjoyed by other properties in the vicinity with the identical
zoning classiflcatioriin that the property is sloping 'and contains significant. rock
outcroppings, The l)Liitairig area is, therefore, restricted to the portions of the lot
'which have been previously developed.
8, Setback Reductionnha1 granting of the variance or its 1110dification is (lec::essai)'for
the preservationar:1aeiijoyment of a substantial property right posses sea by other
property in the same vicinity and land use desigp,ation for which the variance is
being sought in that:itwill allow the propertytobe:deveJ9P~d to a comparable level
as otherlots within the vicinity that do not have significant rock outeroppings.
C, Setback Reduction: That granting the variance or'its modification will not be,
materially detrimental to, the public health, safety,- or welfare, or injurious to the
property or improvements in such vicinity and zone in:which the property is. ,located
in that the church property and the proposed buildings will be sufficiently lower in
elevation than the,dosest residences to the south. '
0, Setback Reduction: That the granting of this variance does ,not constitute a special
privilegeinconsistentwiththe limitation upon other properties in the vicinity:and
zone in that the variance will allow the property to. be developed in the same
location,as,theoriginal,church sanctuary and religious:education and play areas':are
presently located, reduCing the overalLdisturbance!to the site,
E, Setback Reduction: That the granting of this variance does not allow the use or
activitywhich is not otherwise expressly authorized by'the,Poway Municipal Code
in thai a church faeilityis allowed in the RuralResidential Czone with a CUP,
Section 5: "J;hefindings pursuant to Section H.52.0100fthePoway Municipal Code for
0evelopment Review 99-23 approvingJhesite plan and design of a new 12,575 square-
foot, ,two-story over'a basement education building and replacement of the existing 5,592
'square-foot sanctuary building with a new 16,395 square-foot sanctuary which will conta.in
a basement and a mezzanine'f1oor are made as follows:
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,3;966
Resolution No. P- 0 0 - 14
Page4
A. The development will not have an aaverse aesthEitic, health, safety, or
architecturally related impactupon adjoinil")g prop~rties because the architecture is
of highquality:modern Gothic design, utilizingr:i.(st colOr standing seam metal roof
materialsand'tan:stuccOexterior and towerelemehts, which will blehd visually with
surrounding properties,
8, The developmentencouragesthe orderly andharrnoniciys appearance of structures
and property'within the City through its consistency with the high standards for
residential development'thrOughout the City,
Section 6: Condition~1 Use Permit 88c19(M2) and Development Review 99-23 will allow
two phases of deveI6pfjl~n! vvnich are as follows: Phase 1; expansion of the school
Iicerisedfor an additi()llal28 children, for a total enrollment of 72 children with the
construction of a new 12,575 square-foot, two-story oyer a basement education building
and; Phase 2, the replacementofthe existing 5,592!square~foot sanctuary building with
a hew 16,395 square"fobt sanctuary containing a basement and a mezzanine and
establishment ola future day school; and Variance 99~1Ttoreduce the side yard setback
from 50 feet to 15 feet are hereby approved subject to the following conditions:
A. Conditions of approva!: for Conditional Use Permit 88-19 and modification to
COl1ditional Use Permit 88-19(M) approving the schooL are included here by
reference and remain in full force and effect.. Approval of a new day school will
require a minor modification, to the CUP at thetimewhen the,parish wishes to move
forward with that proposal, specifying the number of students, hours of operation
and related details,
8, Within 30 days of approval (J) the applicantshall,submit in writing that all conditions
of approval have been read and understood; and (2) the property owner shall
execute aCovenarifon Real Property.
C, The uses conditionally granted by this approval shall not-be cOl1ducledill, such a'
manner,as to interfere with the reasonable useland enjoyment of the surrounding
resiaential:and commercial uses.
D, Appro~albfthis request shall not waive compliance with all sections of the zoning
ordincir,r,ce aod allo!her applicable City ordinances in'effect at the time of building
permit issIJance,
E., The site shall b~rdeveloped in accordance with the approved site plans on file in the
Development Services Department and the conditions contained herein.
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3~9B7'
'Resolution, No, p" 00-14
Page 5
F. The applicant shall comply with the latesfadopted Uhiform Building Code, Uniform
Mechanical Code: UniformPlumbing Code; National Electric Code, Uniform Fire
Code, and allothe'r applicable codes and ordinances ih effect at the time of building
permit issuance.
G, Prior to issuance of a grading permit, the applicant shall comply with the following
conditions:
1, If grading is to exceed 50 cubic yards of earthwork,orifthe cutis ,more than
2 feet and thefijl is more than 1 foot, then the applicant shall apply for a
grading perm if and submit a grading plan for review and approval to the
City's Development Services Department If it,'is determined that grading
does not exceed'il,bcubic yards and a,grading permit is not required,then
the applicant shall provide a certific13tionfrom a State Registered Civil,
Engineer inai9"atirig the quantity of earthwork involved and pay a $500
inspection feepriofto building permit issuance.
2, If a grading pel[tnit is required, a grading plan for the development, prepared
on Mylar Sit Ii scale of 1"=20', shall be submitted to the Development
Seryices Depa(1::frjent - Engineering Division for review and approval. AS,'a
mihimum, the grading plan shall show the following:
All new slopes with a maximum 2:1 (horizontal to vertical) slope.
Driveways, in, compliance with the specifications provided in SeCtion
17.08,170Dof the Poway Municipal Code, and including minimum
structural sections together with their elevations and'grades,
A ,separate erosion control plan for prevention of sediment runoff
during construction,
,All utilities (proposed and existing), together with their appurtehances
and associated easements. Encroachments are not permitted upon
any easement without an approved encroachment agreement/permit
Locations of all utility boxes, c1early'identified in coordination with the
respective utility companies, and approved by the City prior to any
iristall,ation work.
Tops and toes of graded slopes shall be shown with a minimum five
foot setback from open space areas and. property lines. Builtlings
shall be located at leastfive feet from tops and toes ofslo'pes, unless
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.396:$
Resolution No, P:{)0-,L4
Page 6
waived by the Planning Division 'and/or Engineering Division prior to'
issuance of a grading permit.
3. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such Work, and shall besUbhiitted with the
grading plan,
4. A drainage study using the 100-yearstorrnfrequency criteria shall be
submitted with:the:grading plan., Thedraihage system shall, be,capable of
handling and di~pbsing all surface water Within the projei::t site and all
surface water flowing onto the project site from adjacent lands. More
specifically, the drainage study shall <:iddress flows from adjacent
subdivisions sUrrounding the church site, Said system shall include all
easements requi"red to properly handle the drainage, Concentrated flows
across driveWays are not permitted.
5, The applicantshailpay all applicable engineering, plan checking, permit, and
inspection fees,
6. The, applicaRtshall prepare a StorrT!' Water Pollution Prevention Plan
(SWPPP)thateffect!~eIY addresses the elimination of noncstorm runoff into
the storm drain system, The SWPPP shall include, but not be limited to" an
effective method of'hillside erosionand.sedimentcontrol, a mateiialstorage
site, measures,to wotect construction materialJrom being exposed to storm
runoff, protection otall storm drain inlets, on-site concrete truck wash and
waste control, aml other means of BesfManagement Practices to effectively
eliminate pollutants from entering the storm ,drain system, The applicant
shall certify the SWPPP prior to approval ;onlle grading and improvement
plans. The,SWPPP may be incorporatedwith,:theerosioncontrol plan, but
shall be under separate cover from the,gradingand improvement plans.
7" Grading securities in the form ()fa performance bond and a cash deposit, or
a letter of credit shall be posted with the City. '
H, During site preparation for each phase; the applicant shall comply with the following
conditions:
8, A right;-ofcWay permit shall be obtained from the CitY's Engineering Division
for any work to be done within' thepublicstreef right-of-way or any ,City-held
easement. Said work shall include, but not be ,limited to, construction of a
driveway,approach, sewer lateral installation, water service line installation,
and street construction.
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'396.9
Resolution No, PcO 0 - 14
Page 7
9, Every building hereafterconstruded shallbe accessible to Fire Department
apparatus byway of access roadways,with all-weather driving surfaces of
nofless than 20 feet of unobstructed width, with adequate roadway turning
radiuses. capable:ofsupporting the imposed loads of fire apparatlJs having
a minimum of. 13'6" of vertical clearance. The road surface type'shall be
approved by the City Engineer, pursuant to the City of Poway Municipal
Code,
10. Fire lDepartmentaccess for use of fire fighting;equipmentshall be provided
to the immediate job construction site at< the start of construction and
maintained ataii times until construction is con:fpleted.
11, Permanent access roadways for fire apPCir'atus'shall be designated asi"Fire
Lanes" with appropriate signs and curb markings,
12, Erosion controI,inclLJding desiltation basins, or check dams shall be installed
and maintainedonsite, and/or along the cul~de-sac during construction or
wet weathE!c ;An erosion control plan shalL be submitted as part of the
grading ordi"ainage plan,
13, G6ncentrClted drainage runoff over driveways or sidewalks will not be
permitted. A drciinage system capable of handling and disposing: of all
surface water uriderground shall be provided; Drainageswales,shallbea
minimum of three (3)"feet wide.
14, The site sh.Cill be,cjeveloped in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein, Grading of lots shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved, grading plan, theiapproved
soils report" ,and grading practices acceptable to the City.
'15, Erosion control, including but not limited to ,desiltation basihs, shall be
iristalled and maintajned by the developer from October 15 to April 15. The
,developer shall maintain'all'erosion control devices, throughout their intended
'life.
16, Proposed and existing utilities within the project shall be installed
undergrQu.nd.
17,' PriortostaitofanYlNorkwithin City-held easements or right-of"way, a right-
of-way permit shall be obtained from the Engineering Division of the
DevelopmenfServices Department. All appropriate fees shall bepaia prior
to permit issuance,
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3970.
Resolutioll Np;,P" 6,0,- 14
Page 8
I. Prior io issuance of building permits,the'applicantshall comply with the following:
18. The building elevations shall be revisea to conform to the maximum ,height
of 35 feetexcepUor the church bell tower and tne education building tower.
Drawingsshali'be submitted for~pprov,aj by;the Department of Development
Services; Planning Division. The heightofthe church bell tower shall be
limited to 60 feet ili height.
19,' All roof appurtenances, including air cOnditioners, shall be architecturally
integrated, screerted'from view, and sound buffered from adjacent properties
and streets as required by the Planning Division,
20. Rough grading of the lots is to be cOITlRletedand rrieettheappr.oval of:the
City inspector'and shall include submittal ofthefollowing:
A certification of line and grade for each lot, prepared by the engineer
of work.
A fi,nalsoil'compaction report for each lot for review and approval by
the CitY: '
21. The followinfi'deVelopment fees shall be paid to, the Engineering Division
prior to building permitissuance, These fees are currently in effectand are
subject to change.
Sewer
Connection Fee
Preschool: (28students)(12 gal/day)(fEDU/250gal/day) = 1.5 EDU
(1.5 EDU @ $2,356/EDU) =$3,534
Church Expansion:
Cleanout Box
Inspection
$2,356/EDU based on 1 EDU/4 new fixtures
$50 each
$25
Water
Meter Size
, 3/4-inch
1-inch
Cost
$130
$270
Exoansion Fee
$3,710
$6,678
SDCWA Fee'
$1,871
$2,994
Service
$1,350
$1,430
,
To be paid ,by a separate check', payable to San Diego County Water
Authority.
Traffic Mitigation (28 additional students x $66 x 1.00 trip xO.25)= $462;
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Resolution No, p~ 00- I 4
Page 9
, 22" A Knox security key box shall be provided Jor the building at a locati6ri
determihed by the City Fire Marshal. A Knox padlock shall be required for
the fire sprinkler system post indicator valve.
31,971
23, Minimum 2A:10BC fire extinguisher requireMor every 3,000 square feet and
a 75-foot travel distance.
24, If an elevatoris:installed, it shall be sized to accorhmo'datea normal hospital
gurney, Minimum dimensions for the'ihside car-platform shall be 6'8" wide
by 4'3"'deep.
25, The additionof,onsite fire hydrants is required, The location of the hydrants
shall be determined by the City Fire Marshal.
26, Prior to delivery"of combustible building material" onsite water and sewer
systems shall satisfactorily pass all recjiJired'tests and be connected to the
public water'arid seWer systems, In addition, thefirst'lift of asphalt paving
shall be in place to provide adequate, permanent access for emergency
vehicles. The final lift of asphalt shall not bE! installed until all other
construction'actiVity has been substantially completed to the satisfaCtion;of
the City.
27, Fire sprinkle(ri~er(s)shall be located withinten (10) .feetofan exterior exit
man door or stlaU' be located inside an enclosed closet with an exterior
access man door, Door shall be labeled .v.iith,a sign indicating ':Fire$prinkier
Riser." When thecloset,method is chosen, applicant shall;provide 36 inches
of c1earanceJrorn',thestandpipe or attached, additional risers, accessible by
a 3-foot man door.
28, Complete [ancjsc;ape construction documents shall be submitted to the
Ehgineeririg:Division of the DevelopmentServicesD~partment with submittal
of thepl.Jblic improvement plan check: Plans, shall be prepared in
accordance' with City of Poway Guide to Landscape Requirements (latest
edition),
29. The following development fees shall be paid to the Engineering Division
prior to, building permit issuance, These' fees' are currently in effect and
subject to, change without prior notice,
Sewer Connection Fee
Traffic Mitigation Fee
= $3,148.47
= $ 646.55
These fees are based on the addition of 28 school cnildren for a total of 72,
Additional fees shall be paid if number of students is exceeded.
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3972
Resolution No. p. 00- 14
Page 10
J, Prior to issuance of Certificate of Occupancy;, the applicant shall comply with th-e
following:
30. All drainage improvements shall be/installed, completed ,and inspected and
approved by the Engineering Inspector.
31, Should..there bea need for a new fire hydrant, a water system analysis may
be required;and,ishall be prepared to establish ,the proper size and location
of the public water system. Applicantsi.shall pay to the City the cost of
preparing the analysis prior to submittal. improvement plans shall be
submitted for approval by the Engineering 0lvision. Plan check and
inspectiancasts shall be paid by the develaper,
32, Record drawings, signed by the engineero(work, shall besubniitted to.
Development'SerVlces prior to. a request of occupancy, per section
16,52,1308 of the:grading ordinance. Record drawings shall be submitted
in a mannertd'ailbw the City adequate time'for review and approval prior to
issuance of occupancy and release of gradifigsecurities.
33. An automatic\fire alarm system shall be insti:llled to approved ,standards by
a: properly .Iicensed contractar. System s,hall !ie;compl~tely monitar~d bya
UUistedcentral station alarm campany or proprietary'remote station.
34, A hood and dyct extinguishing system shall be installed for all cooking
facilities within the kitchen area, Plans to be submitted and approved, prior
to installation,
35. Roof cove~il1g shall be fire retardant, as perUBC Section 3203(e) and City
of Poway ordinance No. 64,
36. The buildings shall display their nUll)ericadgress'in a manner visiblefrom the:
access street. Minimum size ofthebuili:lil]g hum~ersjshallbe j8 inches'on,
thefrontfacade of thebUiiding. Building acjd rl'lss: shell I also be displayed on
theroofln a manner satisfactory to thl'l Director of "Safety Services and
meeting Sheriffs Department - ASTREAcriteria,
37, StrElet trees, a. minimum of 15 gallon size orlilrger; shall be installed in
accordance.with the City af Paway'Guide to. Landscape Requirements and
shall be planted at an 'average of 30 feet on center spacing along'all :streets.
38, Prior to any use of the project site or business activity being ,cammenced
thereof, allconditicinsof'approval contained herein shall be completed to the
satisfaction of the Director of Development Services,
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3973
Resolution No, P"O 0",14
Page 11
K, Upon occupancy, the following conditions shall apply:
39, Landscaped areas within the ,ad)ac~nt public riglitcof~way shall be
permanently and fully maintained by the Ql,vl'ler.
40, Alllandscaped,areas shall be maintaine(j ina healthy aQdthriving condition,
free from weeds, trash, and debris. The W~es ,shall be encouraged and
allowed'to;retafrnl natural form. Pruning sh~oiJld be restricted to maintain the
health of the trees,andto protect the pU,blic safety, Unnatural or excessive
pruning, including topping, is not permitted,
Section 7: The approval of Development Review 99-23 snail expire on February 1,
2002, at 5:00 p.m. unless prior to that time a building perl)1it for Phase 1 construction
pursuant to Conditional Use,Permit 88-19(M2), Deveiopmerit Reyiew99c23,and Variance
99-17 has been issued and construction on the property in reliance on the development
review approval has commenced prior to its expiration.
Section 8: Pursuan.t 'to GoVernment Code Section 66020; the 90-day period in which
the applicant may RrQtest,the imposition of any fees, dedications,- reservations, or exactions
imposed pursuant to this approval shall begin on February'1,200:0,
APPROVED andADQPTED by the City Council of the City of Po way, State of
California, this 15th day of February, 2000.
/~. '/
'\ '''V'' ,
/~r ~,j
Michael P. Ca'fagn~, Mayor
i
ATTEST:
I h9l~bV certify, unde< the,penaltyof
perJury. ,that' the Clbollecjiid
foregoing Is ci true an-d"C.9~rectcppy
of Resolutton No;f'-IJIJ -4"1 .
as adopted by the City Council of
Powav.CallfOmla on the 16~
davaf.Jil~" ~DD{),
LORI, AN~EPEOPLE,~, cilY, C,LERK
~;:Pr-~
-,.-J " ,(", ,\ \ J,
w," ',i . ,,'\__I "i
_ 1,.-: I ( '. ."'JVI......"........-:.. I ,,",-,: \ '. (....)
LoriiAnne Peopfes,Ciiy Clerk
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.3 97 4
Resolutio(l No, p- 00-14
Page 12
STATE OF CALIFORNIA )
)55,
COUNTY OF SAN .GIEGO )
I, Lori Anne Peoples, City. Clerk of.:t.he City of PO way, do hereby certify under penalty
of perjury that the foregoing Resolution No, P- 00-14 was duly adopted by the City
Council at a meeting of said,City'Coimcil held on the 15th day of February, 2000, and that
itwas so adopted'by the following vote:
AYES:
EMERY, GOLDBY, HIGGiNSON, REXFORD, CAFAGNA
NONE
NOES:
ABSTAIN: NONE
,.~"~. (' :J
. 'fd\ ~~L\. ^" ~ "rg L,=.,
TOrI.AQr}e Peoples, City lerk
City of Poway
ABSENT: NONE
N:\CITY)PLANNINGlOOREPORTlCUP8819M.I'lES
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MAP 6509 - VALLE VERDE ESTATES UNIT NO.4
SEe 26 - T13S-R2W - POR S 1/4'
ROS 6417,11733, i2563