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Covenant Regarding Real Property 2011-0285946DOC # 201 1 - 0285946 RECORDING REQUEST BY: ) I IIIIIIII III (IIII VIII (IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII CITY OF POWAY , ) JUN 03, 2011 3:23 PM WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER CITY CLERK ) FEES: 34.00 CITY OF POWAY ) PAGES: 7 P O BOX 789 ) POWAY 92074 -0789 I (IIII (IIII VIII IIIN VIII VIII 111111111111111111111111111111 VIII VIII VIII IIII IIII APN: 273- 820 -09 COVENANT REGARDING REAL PROPERTY St. John of Damascus Church, PROPERTY OWNER ( "OWNER" hereinafter), is the owner of real property commonly known as 16903 Espola Road ( "PROPERTY" hereinafter). , In consideration of the approval of Conditional Use Permit (CUP) 11 -01 and Development Review (DR) 11 -02 by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in 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, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that CUP 11 -01 and DR 11 -02 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 11 -01, upon the request of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY and this CUP shall be of no further force or effect. If either party incurs costs as a result of filing a civil action to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. Dated: 1 Dated: - 41� 1# Wplanning \11 report \cup \11 -01 St John \cov.docx OWNER: St. hn of Damascus C urch By: Alexan David Federof f (Notarize) Its: CITY OF POWAY By: CALIFORNIA ALL - PURPOSE' ACKNOWLEDGMENT CML CODE f I l State of California nn. County of faJ y� 7 g D On /,T e`lo // before me, &i "h O I�4�t2 6t z , e, 1 a y Date / Here Insert Name and Title of the Officer ' personally appeared Alex Croa e ee 0 v, &/ rejo� j-p .,�,. , Names) of Signer(s) - , who proved to me on the sis of satisfactory evidence to be the perso whose namese- subscribed to within in rument and acknow edged to me tha h /s#s/1Jaey' executed the same in her /their thorized capacity�ies`f,� and that by hi it signature,K on the instrument the persor�or the entity upon behalf of which the person' acted, executed the instrument. I certify under PENALTY OF PERJURY under the 00 KAPMADZE laws of the State of California that the foregoing Corwin 1905218 paragraph is true and correct. MOT MOn IC my Corm. ' 10 14.04 WITNESS my hand and official seal. Signature: ri Place Notary Seal Above OPTIONAL aturfof Notary Publi 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 p Title or Type of Document: __ 6& VIfAalep _/ Document Date: 2 %S�IS� 0 !/ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MI ah A!� &r,'O( P w� jner's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer - Title(s): ,Individual ❑ Individual ❑ Partner — ❑ Limited ❑ General T of thumb here ❑ Partner ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: I Signer Is Representing: Signer Is Representing: 0 2010 National Notary Association - NationalNotary.org - 1- 800 -US NOTARY 1tAm RESOLUTION NO. P -11 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 11 -01 AND DEVELOPMENT REVIEW 11 -02 ASSESSOR'S PARCEL NUMBER 273- 820 -09 WHEREAS, on May 5; 2009, the City Council held a duly advertised public hearing to solicit commdnts from the public, both pro and con, relative to a request by St. John of Damascus Orthodox Church, under Major Use Permit (MUP) P 77-71M(2) and Development Review (DR) 93 -02R, to remove an existing 2;200- square -foot modular building and construct three conventionally constructed buildings totaling 6,500 square feet, and miscellaneous site improvements, at an existing church located at 16903 Espola Road, within the Rural Residential C zone, continued the matter, and approved the project at the May 19, 2009, hearing; and WHEREAS, St John of Damascus Orthodox Church is requesting an amendment of the May 19, 2009, approval under Conditional Use Permit (CUP) 11 -01 and Development Review (DR) 11 -02 to extend the project approval term for an additional two years, and to construct the project in phases; and WHEREAS, on May 3, 2011, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to CUP 11 -01 and DR 11 -02; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1 The project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Section 15301(e)(2) of the CEQA Guidelines, in that the project involves an addition town existing facility that is less than 10,004 square feet in area, the project area is not environmentally sensitive, and all public services are in place to. serve the project. Section 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) for the project are made as follows: A. The proposed location, size, design, and operating characteristics of the church expansion is in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the City General Plan, and the development policies and standards of the City in that religious facilities are allowed with a Conditional Use Permit and the project complies with all development standards. B. The location, size, design, and operating characteristics of the proposed church expansion will be compatible with and will not adversely affect or be materially detrimental to, adjacent uses, residents, buildings, structures, or natural resources Resolution No. P -11 -10 Page 2 in that the buildings of the facility will observe a minimum 50 -foot setback from adjacent residential development. C. The proposed church expansion is in harmony with the scale, bulk, coverage and density of, and is consistent with adjacent uses in that the proposed expansion will be located on an existing, previously developed area, and will be added near the existing church sanctuary. The new buildings will be designed to be complimentary to the existing sanctuary. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed Church expansion. E. There will not be a harmful effect upon the desirable surrounding property characteristics, in that the proposed church expansion has been designed and sited such that it will be compatible with the surrounding community. The project will not utilize streets in the residential neighborhood to the north, and a minimum 50 -foot setback from the religious facility to the adjacent residentially -zoned properties will be provided. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and /or the Circulation Element of the General Plan, in that the proposed Church expansion will not generate additional traffic other than what currently exists. Therefore, the proposed project is found to be consistent with the Circulation Element of the General Plan. G. The site is suitable for the type and intensity of use or development which is proposed, in that it the proposed expansion is located in an area with suitable circulation and other infrastructure. H. There will not be significant harmful effects upon environmental quality and natural resources, in that the proposed church expansion is located on a developed property and does not involve the removal of natural habitat resources. Section 3: Pursuant to Government Code Section 66020, the design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve this project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety, and welfare. Section 4 : The City Council hereby approves CUP 11 -01 and DR 11 -02, an amendment to Major Use Permit (MUP) P 77 -71 M(2) and Development Review (DR) 93 -02R to extend the approval term of the expansion project, and to conduct the expansion project in phases as shown in the phasing plan and the DR 93 -02R approved site plan on file with the City ' subject to the following conditions: Resolution No. P -11 -10 Page 3 A. Within 30 days of the date of this 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 Regarding Real Property. B. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees; I relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto including, without limitation, reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. C. The Conditions of Approval established under prior entitlements approved for the project (including P 77- 71M(2) and DR 93 -02R) shall remain in effect for the life of the project, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. D. As part of compliance with the City's Standard Urban Stormwater Mitigation Plan (SUSMP), the applicant will be required to prepare a Hydromodification Management Plan to the satisfaction of the Engineering Division. E. Landscape and irrigation plans shall be submitted and approved. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapters 17.07 and 17.41 PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals, and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist, and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. Section 5: Pursuant to Government Code Section 66020(d)(1), the 90 -day period to protest the imposition of any fee, dedication, reservation, or other exaction described in this Resolution begins on May 3, 2011, any such protest must be in a manner that complies- with Government Code Section 66020. In addition to the appeal requirements pursuant to the Government Code, a written appear of this decision pursuant to the Poway Municipal 'Code must also be filed. Resolution No. P -11 -10 Page 4 Section 6 : The approval of CUP 11 -0 1 and DR 11 -02 shall expire on May 3, 2013, a# 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the project approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 3rd day of May 2011. Don Higginson, Mayo C7 ATTEST: Li Troyan, MMC, City Clerk Resolution No. P -11 -10 Page 5 STATE OF CALIFORNIA ) SS COUNTY OF SAN DIEGO ) 1, Linda A. Troyan, MMC, City lerk of the Ci of Y y Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 11 -10, was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of May 2011, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Li royan, MMC, City Clerk City of Poway 1