Covenant Regarding Real Property 2015-0298913RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
323- 060 -01
DOC# 2015 - 0298913
111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII
Jun 10, 2015 11:12 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr ,
SAN DIEGO COUNTY RECORDER
FEES. $45.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
PAGES', 11
English Congregation of Jehovah's Witnesses, Poway, CA, Inc., ( "OWNER" hereinafter), is the
owner of real property commonly known as 14239 Garden Road ( "PROPERTY hereinafter), and more
fully described as:
The Westerly 260 feet of the Northerly 660 feet of the Southeast Quarter of Section 18,
Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the County
of San Diego, State of California, according to Official Plat thereof.
Excepting therefrom the Northerly 164 feet of the Easterly 164 feet of said property.
In consideration of the approval of Minor Conditional Use Permit (MCUP) 14 -003 and Minor
Development Review Application (MDRA) 14 -026 by the City of Poway ( "CITY" hereinafter), OWNER
hereby agrees to abide by the conditions of approval contained in the attached Resolution (Exhibit A).
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In the event that MCUP 14 -003 and MDRA 14 -026 expire or are rescinded by City Council, or
the OWNER terminates the use permitted by MCUP 14 -003 and MDRA 14 -026, upon the request
of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY and
MCUP 14 -003 and MDRA 14 -026 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.
OWNER: English Congregation of Jehovah's Witnesses, Poway, CA, Inc.
6A-11
Larry Moss 'tarize) Dated
Its: Secretary
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Dated
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of SGL- 6 )
On zw/ S before me, R054Y rvlvLPka 9arfi'n <g,, lUdlacru bl,�
Date /, Here Insert Name and Title of the Officer
personally appeared yarrcj Lee !T lo5 5
Names} of Signers)
who proved to me on the basis of satisfactory evidence to be the person(e} whose name(B) is /ara
subscribed to the within instrument and acknowledged to me that he /she/they executed the same in
his /her/their authorized capacity(ies), and that by his /herfthelr signature(s) on the instrument the person(s),
or the entity upon behalf of which the personal- acted, executed the instrument.
Q ROSA MARIA MARTINEZ Commission No.2080934
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY y Comm. Ezpres SEPTEMBER 7, 2018
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.
Signature'
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ke,,4 ir�t�ocument
Number of Pages: �_ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
rl Other.
Signer Is Representing:
Date: 61`I11 S
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n Othec
Signer Is Representing:
02014 National Notary Association • www.NationaiNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907
RESOLUTION NO. P -15 -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR CONDITIONAL USE PERMIT 14 -003
AND MINOR DEVELOPMENT REVIEW APPLICATION 14 -026
ASSESSOR'S PARCEL NUMBER 323 - 060 -01
WHEREAS, an application was submitted for the addition of a 736 - square -foot
minister's quarters and a 440 - square -foot office and classroom space onto the existing
Jehovah's Witnesses worship building located at 14239 Garden Road, within the
Commercial General (CG) and Rural Residential C (RR -C) and
WHEREAS, on March 17, 2015, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 1 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15301(e)(1) of the 2014 CEQA Guidelines, in that the project is a minor addition (less
than 50% of the existing floor area) to a structure and involves a negligible expansion of
use.
Section 2: The findings in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC), for Minor Conditional Use Permit (MCUP) 14 -003 are made as follows:
A. The location, size, design and operating characteristics of the project are in
accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits
Regulations), the General Plan, and the development policies and standards of
the City in that a minister's quarters is permitted as an accessory use on the site
of a religious use in the CG and RR -C zones with the approval of an MCUP.
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, or natural resources in that the
activity associated with the minister's quarters will be minimal so that it will be
compatible with the surrounding commercial and residential development.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with the surrounding residential and commercial development,
in that the project has been designed to comply with all of the development
standards of the zone, including setbacks, building height and lot coverage.
Resolution No. P -15 -11
Page 2
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the activity associated with the minister's quarters will be minimal so that it
will be compatible with the surrounding residential and commercial development.
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.
G. The site is suitable for the type and intensity of use or development in that the
activity associated with the proposed minister's quarters will be minimal so that it
will be compatible with the adjacent residential and commercial development.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed minister's quarters will be located on a
portion of the subject property that has been previously developed.
I. There are no relevant negative impacts associated with the proposed
development.
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 be 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 approved variances.
Section 3: The findings for MDRA 14 -026, in accordance with PMC 17.52.010
Purpose of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible and in scale with
the existing worship building and the surrounding residential and commercial
development. Therefore, the project respects and recognizes the
interdependence of land values and aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development
in that the additions have been designed to be consistent with the architectural
design and match the exterior building materials of the existing worship building.
Therefore, the proposed development respects the public concerns for the
aesthetics of development, and encourages the orderly and harmonious
appearance of structures and property within the City.
Resolution No. P -15 -11
Page 3
C. The granting of the MDRA would not be materially detrimental to the public
health, safety or welfare within the community since the proposed project will be
required to construct the necessary utility service improvements and adequate
infrastructure exists in the area to serve the site.
D. The additions have been designed to be consistent with the architectural design
and match the exterior building materials of the existing worship building.
Therefore, the proposed development respects the public concerns for the
aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health and safety,
or an architecturally - related impact upon adjoining properties, in that the
additions have been designed to be consistent with the architectural design and
match the exterior building materials of the existing worship building; so the
building will blend visually and be compatible with the surrounding residential and
commercial development; and to address health and safety the project is
required to be designed to comply with the all applicable building and safety
codes.
F. The design of the proposed development is consistent with all elements of the
Poway General Plan, as well as the project conforms with the applicable
provisions of the Zoning Code.
Section 4: The findings, pursuant to Government Code Section 66020, for the public
improvements for MDRA 14 -026 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 City Ordinances, because all
necessary facilities will be available to serve this project.
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.
Section 5: The City Council hereby approves MCUP 14 -003 and MDRA 14 -026, as
shown on the approved plans on file with 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 attorney'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 approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
Resolution No. P -15 -11
Page 4
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.
B. Approval of this MCUP 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 MCUP 14 -003 and MDRA 14 -026 shall remain in effect for the
life of the subject use and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
F. MCUP 14 -003 may be subject 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. The conditions of approval listed in Resolution No. P -99 -68 approving CUP 99 -02
(the original entitlement for the worship facility) are fully incorporated herein by
this reference.
H. The site shall be developed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein. A final
inspection from the appropriate City departments will be required.
The applicant shall obtain a Building Permit. 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 ordinances in effect at the time
of Building Permit issuance.
Resolution No. P -15 -11
Page 5
(Engineering)
2. All spoil materials from footings and foundations shall be legally disposed
of offsite unless a Grading Permit for placement of the materials is
obtained from the Department of Development Services — Engineering
Division prior to placement or the applicant has received verification from
the Department in writing that no permit is required.
3. A fee shall be paid to the City to have the required fire sprinkler curve
analysis completed.
4. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. Listed below are estimates of the current
applicable fees and amounts:
a. Water (1 EDU) $3,026
b. Sewer (1 EDU) $5,836
C. Fire Apparatus (1 EDU) $122.03
5. The applicant shall incorporate Low Impact Development (LID) design
features into the site development. These shall be clearly shown and
identified on the site plan and be appropriately sized for the proposed level
of development.
6. A minimum cash security for erosion control for $2,000 is required.
7. The applicant shall attend a pre- construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer.
The applicant's action plan that identifies measures to be implemented
during construction to address erosion, sediment and pollution control will
be discussed. Compliance for sediment control shall be provided as
directed by the project inspector.
8. Erosion control shall be installed and maintained by the developer from
October 1 to April 30 annually. The developer shall maintain all erosion
control devices throughout their intended life.
9. Prior to start of any work within a City -held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division. All
appropriate fees shall be paid prior to permit issuance.
(Planning)
10. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, Chapter 17.07 PMC, and all other applicable
codes and ordinances in effect at the time of permit issuance.
Resolution No. P -15 -11
Page 6
11. The Building Division requires that the necessary fire wall separation be
provided between the minister's quarters and the worship /classroom
building.
12. The building plans shall include elevations and cross sections that show
all roof appurtenances, including air conditioning, architecturally
integrated, screened from view, and sound buffered from adjacent
properties and streets, to the satisfaction of the Director of Development
Services.
13. The colors on the building shall be consistent with the approved colors on
file in the Planning Division.
14. All two -way traffic aisles shall be a minimum of 25 -feet wide. A minimum
of 25- foot -wide emergency vehicle access shall be provided, maintained
free and clear at all times during construction, in accordance with Safety
Services Department requirements.
15. In accordance with the approval of CUP 99 -02, a minimum of 60 parking
spaces shall be provided. All parking spaces shall be double striped. The
minimum dimensions for standard sized parking stalls shall be 85x 18.5'.
The parking lot design shall comply with the Americans with Disabilities
Act for accessible spaces, with one van accessible space.
16. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City departments will be
required.
17. 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 paid at the rate established at the time of Building Permit
issuance.
18. An Affordable Housing In -Lieu Fee shall be paid to the Planning Division
for the minister's quarters residential unit at the rate established at the
time of Building Permit issuance. The fee is currently $500.
(Safety Services)
19. The applicant is required to meet all applicable PMC and California State
Fire and Building 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.
Resolution No. P -15 -11
Page 7
20. Roof covering shall be fire retardant as per PMC 15.04.050, and City of
Poway Ordinance No. 64 and its amended Ordinance No. 526.
21. The building shall display the approved numbers and /or addresses in a
location plainly visible and legible from the street or roadway fronting the
property from either direction of approach. Said numbers shall contrast
with their background and be sized to meet City requirements. The
building address shall also be displayed on the roof in a manner
satisfactory to the Director of Safety Services, and meeting Sheriff
Department - ASTREA criteria.
22. The existing building and new additions will be required to have an
approved fire sprinkler system installed meeting PMC requirements. The
building sprinkler system shall be designed to meet NFPA 13
requirements. The entire system is to be monitored by a central monitoring
company. Backflow valve assemblies with tamper switches shall be
monitored. The City Fire Marshal shall locate these fire protection devices
prior to installation. Two separate plan submittals to the Fire Department
will be required, one for the fire sprinkler design and the second for the fire
service underground. A water analysis will be required.
21 Installing Fire Sprinkler AND Underground Fire Service Contractor(s) shall
obtain a copy of the Fire Department's "Policies for Automatic Fire
Sprinkler Systems."
24. Fire sprinkler riser(s) shall be located inside an enclosed closet with an
exterior access man door. The door shall be labeled with a sign indicating
"Fire Sprinkler Riser." The applicant shall provide 36 inches of clearance
from the standpipe or attached additional risers, accessible by a T -0" man
door.
25. A properly licensed contractor shall install an automatic fire alarm system,
in accordance with NFPA 72. The system shall be completely monitored
by a UL listed central station alarm company or proprietary remote station.
26. A metal sign with raised letters at least 1 inch (25mm) 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 connection
does not serve the entire building, a sign shall be provided indicating the
portions of the building served.
27. 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
Resolution No. P -15 -11
Page 8
relocated as determined by the City Fire Marshal. A breakaway padlock
shall be required for the fire sprinkler system Post Indicator Valve.
28. Fire Department access for use of firefighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
29. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
30. Minimum 3AA0BC fire extinguisher required for every 3,000 square feet
and 75' travel distance.
J. Prior to issuance of the Certificate of Occupancy:
(Engineering)
1. An adequate drainage system shall be provided around the new additions
capable of handling and disposing all surface water to the satisfaction of
the Engineering Inspector.
2. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to public improvements caused by construction activity from
this project.
(Planning)
3. The non - permitted storage structure(s) exceeding 120 square feet of roof
area located on the property shall be removed, or the necessary permits
and approvals shall be obtained from the Development Services
Department (Building, Planning and Engineering Divisions).
4. Landscaping and irrigation shall be protected in place. Any project - related
damage to existing landscaping and irrigation shall be repaired to the
satisfaction of the Director of Development Services.
Section 6: The approval of MCUP 14 -003 and MDRA 14 -026 shall expire on March
17, 2017, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and
construction on the property in reliance on this approval has commenced prior to its
expiration.
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.
Resolution No. P -15 -11
Page 9
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 17th day of March 2015.
Steve Vaus, Mayor
ATTEST:
'�h o ). -�
Sheila as Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -15 -11 was duly adopted by
the City Council at a meeting of said City Council held on the 17th day of March 2015,
and that it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. Cobian, CMC, City Clerk
City of Poway