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Covenant Regarding Real Property 2013-0375330 , - , , . �� � � ��� �-������o � - II IIII I I IIII III II II II IIII I II II I IIII III RECORDING REQUEST BY:! ) JUN 14, 2��3 10:16 AM 1 CITY OF POWAY ) OFFICIAL flECORDS ) SAN DIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED��MAIL TO: ) Einest J. Dronenburg,Jr.,COUNTY RECORDER - FEES: 52.00 _^/ CITY CLERK ) 1 O$ O 1 PAGES: 13 � l;3� CITY OF POWAY ► IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII '� P O BOX 789 ► � (�J� POWAY, CA 92074-0789 � �uJ I I � (This space for Recorder's Use) APN: 314-132-07 and -26/CUP 126015 and VAR 12-004 COVENANT REGi4RDING REAL PROPERTY Southeastern California Conference of Seventh-day Adventists, PROPERTY ON/NER ("OWNER" hereinafter), is the ownerof real property commonly known as 13940 Pome�ado Road ("PROPERTY" hereinafter), and more fully described in Exhibit A, which is attached hereto and made a part hereof. In consideration of the approval of Conditional Use Permit (CUP) 12-015 and Variance (VAR) 12-004 by the City of Poway ("CITY" hereinafter), 01NNER hereby agrees to abide by the conditions of approval in the attached Resolution (Exhibit B). This Covenant shall run with tlie land and be binding upon and inure to the benefit of the future owners, encumbrances, successo�s, heirs, personal representatives, transferees and assigns of the respective parties. In the event that CUP 12-015 and"VAR 12-004 expire or are rescinded by City Council, or the OWNER terminates the use permitted by the CUP 12-015 and VAR 12-004, upon the request of the OWNER, the CITY sfiall expunge this Covenant from the record title of the PROPERTY and this CUP 12-015 and VAR 12-004 shall be of no further force or effect. In the event of litigation to enforce the provisions of this Covenant, the prevailing paRy shall be entitled to fuli reimbursement of all costs, inciuding reasonable attorneys' fees, from the o4her party. OWNER: Southeastern California Conference of Seventh-day Adventists Dated: ��s��3 By: L'loorl>s McK�hs�✓y /�� _f�(�r nt namej (Notarize) Its: (f'/l/�y ��41'^'sl ✓it� �irr/�e�r! Gharles Mc&i try CITY OF POWAY Dated: ��� � By: R bert J. Mani , Dir cto o ey lopment Services 13-o�-I� 1G8D2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEMY - -z -�r- .�e- �- - _ - .� - m--.est- - .sa� �er- - -.�=e= - .��-¢%�- ,rr- �•�-e�=r�.eaM- State of California 1 � � S Countyof I�..IV�I.'(S'1��fP ) on �u,� oS �.oi3 betoreme, T�rrv M �i�v�au.c ti'a� �u.�(i"c , Date 1 ' Here Inserl Na Ttle e OHice� personally appeared �ti(A.N�-eS MC K�wiS�'�'� Nam s)of Signer�s) who proved to me on the basis of satisfactory evidence to be the person(�j whose name(aj is/�Esubscribed to the within instrument and acknowledged to me that he/�RFjey executed the same in his/pefltpeirauthorized - - capadty(iQsj, and that by his/hefRFje�r signature(s) on the � :�" ' TERRVM.�SITANGGANG.� p (��, Of thB Bfltlty upon behalf Of �:_:.,;, instrument the erson Commisswn a'1995329 Which the person(S�'acted, executed the instrument. � �"o� Natary PuEI¢ -Califomia RivErSIAE�COWIn' . ;� T' M Comm.Ex resNov22i2016 - I certify under PENALTY OF PERJURY under the laws __ of the State of California that the foregoing paragraph is true and correct. WITNESS my ha d and official sea . Signature • J Place Notary Seal Above ignaWre o1NO�ary u�lic OPTIONAL Though the infoimation below is not required by law, it may prove valuable to peisons relying on fhe document and could p�event lraudulenfremoval and reattachment o/this lorm to anofher document. Description of Attached Document TitleorTypeofDocument: L�O�eYIG.��v�' �\P.�C�Y�LvI.G 1\�4.Q f�Y�9gr�i�� Document Date: (� ' S- �O(3 Number of Pages: � Signer(s) Other Than Named Above: '—� Capacity(ies) Claimed by Signer(s) Signer's Name: C�LW'�.¢S �C KIl7{TYd Signer's Name: ❑ Individual ❑ Individual f�' Corporate-Officer—Title(s): �• �• ❑Corporate Officer—Title(s): G Partner—O Limited ❑ General ❑ Partner—O Limited ❑ General ❑ Attorney in Fact • ' ❑Attorney in Fact • ' ❑ TfUSiBB TaP ol ihumb here �TNSiBO Top of Numb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: SECC a.� SDa- 0200]NafiaialNOWry0.ssociotion•9350DeSo�oAre..P.OBOx2402•ChaLawrtt�,CA913132402•wawNa�ionelNO�ary.org I�emM5907 Peorder.CaIITdFFreel-800-8]6-682] 108D3 ' EXHIBIT A LEGAL DESCRIPTION PARCEL 2 OF PARCEL.MAP NO. 19176 IIV Tf� CITY OF POWAY, COUNTY OF SANDIEGO, STATE OF CALIFORNIA,FIL;ED IN TI-IE OFFICE OF THE COUN'I'Y RECORDER OF SAN DIEGO COUNTY RECORDER OF Si1N DIEGO COUN'I'Y, RECORDED MARCH. 12, .2003 AS INS'IRiJMENT NO. 2003-0276581 OF OFFICIAI,RECORDS. APN: 314-132-07& 26 ' ' Exhibit B RESOLUTION NO. P-13-15 1 C 8 �4 A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF POWAY, CAUFORNIA, APPROVING CONDITIONAL USE PERMIT 12-015 � AND VARIANCE 12-004 ASSESSOR'S PARCEL NUMBERS 314-132-07 AND 314-132-26 WHEREAS, on March 4; 2008, the City Council adopted Resolution P-08-06 approving Conditional Use Permit (CUP) 03-03M(2) and Development Review (DR) 03-04R(2) to construct a 4,920 square-foot sanctuary addition to the existing . Poway Seventh-day Adventist Church building and remodel 2,500 square feet of the existing 4,000 square-foot Church building located at 13940 Pomerado Road, in the Residential Single-Family 7 (RS-7) zone; and WHEREAS, on June 15, 2010, the City Council adopted Resolution P-10-22 approving CUP 10-003 and DR 10-003 to extend the expiration date of the approved Church project to June 15, 2012, and make minor modifications to the plans that were consistent with the scope and character ofthe previously:approved project; and WHEREAS, prior to June 15, 2012, a Building Permit was issued for the proposed project and construction begun, thereby vesting the CUP 10-003 and DR 10-003 approval; and WHEREAS, Hwi Myoung Kim, Applicant, requests approval to modify the CUP for the Seventh-day Adventist Church located at 13940 Pomerado Road to add a 1,012 square-foot meuanine to the previously approved sanctuary addition and add 26 parking spaces, and requests a Variance to construct up to an 11-foot high retaining wall where six feet is the maximum wall height allowed; and WHEREAS, on May 21, `2013, the City Council held a public meeting to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: This project is Categorically Exempt as Class 1 and Class 5 Categorical Exemptions from the California Environmental Quality Act (CEQA), pursuant to Sections 15301(e.2) and 15305 of the 2013 CEQA Guidelines, in that the project involves the minor addition of a mezzanine with negligible expansion of the existing use and the Variance is a minor alteration to land use limitations on a previoUsly developed property that will not result in changes in land use or density. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 12-015, a Modification to CUP 10-003, are made as follows: A. The proposed location, size, design, and operating characteristics of the meuanine addition are in acco�d with the title and purpose of Chapter 17.48 � � 1080� Resolution No. P-13-15 . Page 2 PMC (Gonditional Use Permit Regulations), the. City General Plan, and the development policies and standards ofthe City in that the site, a religious facility use, is an allowed use within the RS-7 zone with the approval of a Conditional Use Permit; and B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, ornatural resources because the existing topography differences between the church site and adjacent properties, existing and proposed fencing, and existing and proposed landscaping will buffer the parking lot expansion from adjacent residential uses. The wall will be substantially blocked from view from Pomerado Road by existing and proposed buildings and existing slopes, and the wall materials will visually blend in with other development of the property; and C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with adjacent uses in that the proposed project is a minor expansion of an existing church which is accessed'from a major arterial; and D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use; and E. There will not be a harmful effect upon desirable neighborhood characteristics in that the proposed mezzanine would be located within the building volume of a previously approved sanctuary structure without any exterior modifications and the retaining wall forthe new parking spaces will be substantially screened from view from the stree4 by the ezisting and future structures and landscaping; and F. The generation of traffic from the proposed additional 49 seats within the mezzanine will be minorand will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan; and G. The site is suitable for the type and intensity of use or development that is proposed in that the proposed mezzanine will be contained within a previously approved sanctuary and will accommodate the congregation's capacity needs on days when one service is offered rather than two consecutive services. With the addition of the new parking spaces, the facility will haVe ample parking for common services and will allow for a quicker and easier fransition between consecutive services; and H. There will not be significant harmful effects upon environmental quality and natural resources in that there is no sensitive native habitat on the property; and I. There are no relevant negative impacts of the proposed use thaf cannot be mitigated; and � 1G806 Resolution No. P-13-15 Page 3 J. That the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would 6e operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan; and K. That the proposed conditional use will comply with each of the applicable provisions of this title, except for an approved variance. Section 3: The findings, in accordance with PMC 17.50.050, to approve VAR.12-004 to construct up to an 11-foot high retaining wall where six feet is the maximum wall height allowed, as shown on plans on file at the Developmen4 Services Department, are made as follows: A. That there are special circumstances applicable to the property and 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 classification. The developable portions of the existing church site are limited due to topography and the existence of pedestrian trail easements along the west property and.north property lines; and B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed 6y other property owners in the same vicinity and zone, and denied to the property for which the Variance is sought. Parking lots for semi-public. uses are permitted to be located within five feet of the rear property line. A design with two six-foot high retaining walls separated by a five-foot-wide landscape planter as permitted by the Zoning Code, is not possible on this property because of an existing 10-foot wide Trail Easement along the west property line. In 2007; a Variance related to retaining wall height was granted for a property located 500 feet to the south for the purpose of creating a level parking area; and C. Granting the Variance would not be materially detrimental to the public health, safety or welfare in the vicinity and zone in which the property is located in that the over-height wall would not be visually obtrusive to adjoining neighbors because of existing topography differences between the church site and adjacent properties, existing fencing, and existing and proposed landscaping. The view of the wall from Romerado Road will be substantially blocked by existing buildings and the wall will visually blend in with other development of the property; and D. Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the' vicinity and zone in that the Variance 'will allow the construction of a retaining wall for the pu�pose of expanding the pa�king lot of an existing church that is an allowable use in this zone; and 10807 Resolution No. P-13-15 Page 4 E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the RS-7 zone because churches are permitted in this zone with a CUP and parking lots a�e permitted within five feet of a rear and side yard property line; and F. Granting the Variance will be compatible with the Poway General Plan because the church use and ot_her semi-public uses are permitted in the zone, and the addition does not result in an increase in residential d'ensity. Section 4: The findings, pursuant to Government Code Section 66020, for the public improvementsfor CUP 12-015 and VAR 12-004 are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as Gity Ordinances, because all necessary facilities will be•available to serve this project; and B. in accordance with the Poway General Plan, the project requires the payment of development impact fees, which are assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City; and In accordance with the Poway General Plan, the project requires the, payment of fire apparatus and trafficfees, which are assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Section 5: The City Council hereby approves CUP 12-015 and VAR 12-004 as shown on the plans on file in the City, subject to the following conditions: A. 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 attomey's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit; including, but not. limited to, any action to attack, set aside, 'void, challenge, or annul this development app�oval 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"�elated 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. 10808 Resolution No. P-13-15 Page 5 B. Approval of this CUP and VAR request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. C. Within 30 days of the date of this approval, and before the issuance of any permit: (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. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interFere with the reasonable use and enjoyment of surrounding uses. E. The conditions of CUP 12-015 and UAR 12-004 shall remain in effect for the life of the subject use, and shall rumwith the land and'Be 6inding upon future owners, successors, heirs, and transferees of the current property owner. F. CUP 12-015 may be sutiject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. Conditions of approval listed in Resolutions No. P-10-22, approving CUP 10-003, are fully incorporated herein by this reference, except as modified herein. H. Prior to construction tlie applicant shall obtain a Building Fermit. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. The applicant shall comply with the latest adopted building and electric codes, and all other applicable codes and o�dinances in effect aYthe time of Building Permit issuance. 2. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the. conditions contained he�ein. A final inspection from the appropriate City departments will be required. 3. The applicant shall contact the Poway Unified School District (858- 679-2570) to verify if school impact fees are required. If required, the fees shall be paiii at the rate established at the time of Building Permit issuance. (Building) 4. Verification'shall be provided in the retaining wall design that the chain link fence will not impact the retaining wall. � � 1G809 Resolution No. P-13-15 Page 6 (Engineering) 5. The additional grading and improvements shall be coordinated with Grading Permit G1625-08. A construction change to the grading plan shall be submitted and approved. 6. Water Quality Control — Design and Construction A revision to the Water Quality Technical Report (WQTR) prepared for G1625-08 shall be submitted. The report revision shall include necessary changes to the operation and maintenance plan. The revision shall be approved prior to the approval of the grading plan construction change. 7. The applicant shall pay all applicable development impact fees in effect at time of permiY issuance. Listed below are the current applicable fees and amounts: a. Fire Apparatus (1,012 SF) $ 78.59 b. Traffic (1;012 SF) $3,366.92 (Planning) 8. The retaining wall shall be of decorative block consistent with other block walls on the property. Building plans shall clearly show the location, material and heights of retaining walls. 9. Submit a Tree Removal Permit application to the Planning Division for review and approval by the Director of Development Services. Trees approyed for removal shall be mitigated by increasing the size and number of trees required onsite by the City of Poway Landscape and Irrigation Design Manual and Zoning Code to the satisfaction of the Director of Development Services. 10. A modification to the previously approved landscape and irrigation plans shall be submitted and approved to reflect the new site plan and provide landscaping surrounding the new parking lot.expansion area. The project site shall be landscaped and irrigated in compliance with the City of Poway Landscape and /rrigation Design Manual, Chapter 17.41 PMC, and all other applicable sfandards 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 di[ectly to the Planning Division. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. a. The plans for landscaping shall, at minimum, show irrigation, and sizes and species for Fire Fuel Management Zones and all manufactured slopes steeper than 5:1. � 1081D Resolution No. P-13-15 Page 7 b. The landscape plans shall show a;mix of groundcover, trees and shrubs on proposed and existing slopes to soften the appearance of the proposed retaining wall and new parking spaces to the satisfaction of,the Director of Development Services. c. Landscaping along the trail shall be provided to enhance the view of the existing chain link fence and proposed retaining wall without creating a visual.barrier of pedestrians to the satisfaction of the Director of Development Services. d. Tree replacements per the conditions of approval of the required Tree Removal Permit. 11. All new and modified parking spaces must be 8.5 feet wide or, if adjacent to a wall, 9.5 feet wide. 12. Wall materials and finishes shall match those of other retaining walls. on the property and shall be noted on the building plans to the satisfaction of the Director of'Development Services. I. The applicant shall comply with the following requirements to the satisfaction of the Director of Safety Services: 1. The applicant is required to meet all applicable PMC, and California State Fire and Build,ing Codes for this project. The applicant is encouraged to contact the DiVision of Fire Prevention at (858) 668-4470 to set up a meeting prior to submitting building plans in order to review project requirements. 2. The project is located within the Very High Fire Hazard Area of the City and is new construction; therefore, California Building Code Chapter 7A will apply. 3. The building shall be accessible to Fire Department apparatus_.by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. This 20-foot access width is the minimum required for Fire Department,emeraencv access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply: The Fire Chief, pursuant to the PMC, shall approve the road surface type. 4. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. � � � 10811 Resolution No. P-13-15 Page 8 5. The building shall display its numeric;address in a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front faqade of the building. Building address shall also be displayed on.the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriffs Dept.-ASTREA criteria. 6. The building's fire_ sprinkler system shall be modified in compliance with National Fire Prevention Association (NFPA) 13 and meet PMC requirements. A separate plan submittal to the Fire Department will be required. The entire system is to be monitored by a central monitoring company and backflow valve assemblies with tamper switches shall be monitored. 7. A properly licensed contractor shall install and/or modify an automatic fire alarm system to approved standards. The system shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. Monitoring shall also include the entire fire sprinkler system, including backflow valve assemblies with tamper switches. 8. A metal sign with raised letters at least 1 inch (25 inm) in size shall be mounted on all Fire Department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION, or a combination thereof, as applicable. Where the Fire Department connectiori does not serve the entire building, a sign shall be provided indicating the portions of the building served. 9. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. Any existing key boxes shall be relocated as determined by the City Fire Marshal. A breakaway padlock . shall be requi�ed for the fire sprinkler system Posf Indicator Valve. 10. Fire Department access for use of firefighting,equipmeht shall be provided to the immediate job construction site at the start of construction and mainfaineii at all times until construction is completed. 11. The number, type, rating and location of fire extinguishers shall be determined by the Fire Inspector during the final occupancy inspection approval. J. Prior to issuance of the Certificate of Occupancy: 1. The site shall be developed and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. � 10812 Resolution No. P-13-15 Page 9 (Engineering) 2. The drainage facilities and slope planting measures shall be installed and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed Unde�ground. 3. The applicant shall repair, to the satisfaction of the City Engineer; any and all damages to public improvements caused by construction activity from this prbject. 4. The property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 PMC. 5. All work on the approved grading plan (G1625-08) shall be completed. Record drawings signed by the engineer of work, shall be submitted and approved by Developrrient Services prior to a requesY.for occupancy; per Section 16.52.130B ofthe Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release.of grading securities. AIP applicable easements, agreements and right-of-way dedication/ vacation inforrriation shall be referenced on the record drawings. Submittal of record drawings should be at least three weeks prior to a request for occupancy. (Planning) 6. All landscaping and irrigation shall be installed in accordance with approved lancJscape plans. Section 6: The approval of CUP 12-015 and VAR 12-004 shall expi�e on May 21, 2015, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property has commenced. Section 7: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 1G813 Resolution No. P-13-15 Page 10 PASSED, ADOPTED AND APPROVED by the City Gouncil of the City of Poway at a regular meeting this 21 st day of May 2013. . ' Don Higginson, Mayor ATTEST: @��i L�.� � CC�.?�f'�.^�-- Sheila Cobian, CMG, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Sheila R. Cobian, Giry Clerk of the City of Poway, do hereby certify, under the penalty of pe�jury, that the foregoing Resolution No. P-13-15, was duly adopted by the City Council at a meeting of said City Council held on fhe 21st day of May 2013, and that it was so adopted by the following vote: AYES: GUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE 01 O�� � �d�11„ S ei a . Cobian, CMC, City Clerk City of Poway