Covenant Regarding Real Property 2015-0358305(
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
and 30
DOC# 2015 - 0358305
111111 IIII I IIIII VIII IIII I II III VIII VIII VIII VII I VII I VII I I III I I II
Jul 08, 2015 04:36 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $51.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
PAGES: 13
Chinmaya Mission San Diego, ( "OWNER" hereinafter), is the owner of real property commonly
known as 12249 9th Street ( "PROPERTY hereinafter), and more fully described in the legal
description attached hereto as Exhibit A and made a part hereof.
In consideration of the approval of Conditional Use Permit (CUP) 15 -003 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In the event that CUP 15 -003 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by CUP 15 -003, upon the request of the OWNER the City shall expunge
this Covenant from the record title of the PROPERTY and CUP 15 -003 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: Chinmaya Mission San Diego
Dated: A(?
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CITY OF POWAY:
Dated: % By: /0��, 1�
0 irect ts, orlof ev opment Services
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..
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 ":�Ay\. gf 6
On J ylQ agfd01, before me, 1�2y�� Scc� Y\��\2v V1n tn>�,�JVi���L
Date Here Insert Name and Title of th OHicer
personally appeared
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
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/herAheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) 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.
_ KEVIN SCOTT MILLER WITNESS my hand
/nand
, official seal.
Commission • 20190ni = ( / /l.�/`'�,
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Notary Public •California n Signature
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M Comm. Expires Aug 22, 201 B 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 Q,oper,C-/
Title or Type of Document: Document Date: J
Number of Pages: ,_ Signar(s) Oder Thar/Named Above:
Capacity(les) Claimed by Slgner(s)
Signer'sName:Sr�r\Nos So1�uvr�,
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
Ll Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
• Trustee ❑ Guardian or Conservator
• Other:
Signer Is Representing:
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Exhibit A
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as follows
PARCEL 1:
THE SOUTHERLY 260.00 FEET OF THE EASTERLY 330.00 FEET OF LOT 35 OF TRACT 7" OF
POWAY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 536, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MAY 7, 1888.
PARCEL 1A
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE
LINES AND APPURTENANCES THERETO OVER, UNDER ALONG AND ACROSS THE SOUTHERLY
260.00 FEET OF THE WESTERLY 30.00 FEET OF THE EASTERLY 360.00 FEET OF LOT 35 OF
TRACT "F" OF POWAY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 7, 1888.
PARCEL 2:
LOT 36 IN TRACT "F" OF POWAY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 7, 1888.
EXCEPTING THEREFROM THE EAST 217.19 FEET OF SAID LOT,
APN:317- 021 -18 -00 and 317 - 021 -30-00
RESOLUTION NO. P -15 -17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 15 -003
AND DEVELOPMENT REVIEW 15 -001
ASSESSOR'S PARCEL NUMBERS 317 - 021 -18 and 317 - 021 -30
WHEREAS, on June 15, 2010, the City Council approved Conditional Use Permit
(CUP) 09 -01, Development Review (DR) 09 -01 and Variance (VAR) 09 -02 establishing
an approximately 30,000- square -foot spiritual center (Chinmaya Mission San Diego) at
12249 9`h Street in the Rural Residential C (RR -C) zone pursuant to Resolution No. P-
10-23; and
WHEREAS, CUP 15 -003 and DR 15 -001 were submitted by Srinivas Sukumar
(Applicant) /Chinmaya Mission San Diego (Owner) to modify CUP 09 -01 and revise DR
09 -01 for the establishment of a preschool at the Chinmaya Mission spiritual center site
for up to 60 children, the construction of a 413 - square -foot addition to the existing
structure, and the addition of a covered outdoor lunch area; and
WHEREAS, on June 16, 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 findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 15 -003, a Modification to CUP 09 -01, are made as
follows:
A. The location, size, design, and operating characteristics of the proposed use 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 the proposed addition of a preschool to the existing
spiritual center is allowed in the RR -C zone with a CUP.
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
proposed preschool and existing spiritual center will be operated so that it is
compatible with the surrounding residential and educational development, and
adequate on -site parking will be provided to serve the use.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with the surrounding residential and educational 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.
Exhibit B
Resolution No. P -15 -17
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 proposed preschool will be operated so that it will be compatible with the
surrounding residential and educational development; and the project has been
designed to provide adequate on -site parking for the proposed use.
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
proposed preschool will be operated so that it will be compatible with the
adjacent residential and educational development; and the project has been
designed to provide adequate on -site parking for the proposed use.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed preschool will be located on a portion of
the property that has been previously graded and contains no remaining natural
habitat.
There are no relevant negative impacts of the proposed use that cannot be
mitigated.
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 2: The findings, in accordance with PMC Section 17.52.010, for DR 15 -001,
a revision to DR 09 -01, are made as follows:
A. The project has been designed to be architecturally compatible and in scale with
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 building addition and patio cover have been designed to be consistent
with the existing building. Therefore, the proposed development respects the
Resolution No. P -15 -17
Page 3
public concerns for the aesthetics of development, and encourages the orderly
and harmonious appearance of structures and property within the City.
C. The granting of the DR 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 project has been designed to be consistent with development in the
surrounding area in that the building addition will blend visually with the existing
building and the patio cover complements the design of the existing 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 exterior
materials and colors of the addition and patio cover are consistent with the
materials and colors of the existing building on site.
F. The design of the proposed development is consistent with all elements of the
Poway General Plan and with the applicable provisions of the Zoning Code.
Section 3: The findings, pursuant to Government Code Section 66020, for the public
improvements for DR 15 -001 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. The construction of public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below
and further described in the conditions of approval:
1. Dedication of a six - foot -wide trail easement from the westerly limits of the
existing sidewalk/trail easement along the private road easement to the
existing six - foot -wide local feeder trail easement located along the north
property line.
C. 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 4: The City Council hereby approves CUP 15 -003 and DR 15 -001, as shown
on the approved plans on file with the City, subject to the following conditions:
Resolution No. P -15 -17
Page 4
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
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 CUP and DR 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 15 -003 and DR 15 -001 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. Conditions of approval, which incorporate mitigation measures from the project
Environmental Initial Study, included in Resolution No. P- 10 -23, approving CUP
09 -01, DR 09 -01 and VAR 09 -02, are in full force and effect.
G. CUP 15 -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.
H. Prior to construction the applicant shall obtain a Building Permit. Prior to
issuance of a Building Permit the applicant shall comply with the following:
Resolution No. P -15 -17
Page 5
(Planning)
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.
2. 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.
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 paid at the rate established at the time of Building Permit
issuance.
4. The building plans shall include proposed fencing. The maximum height of
any proposed fence or wall shall not exceed six feet.
5. All architectural details shown on the approved CUP /DR plans shall also
be shown on the building plan check submittal. Any major modifications to
the building or site design details on the approved CUP /DR plans will
require a DR revision and City Council approval.
6. 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.
(Engineering)
7. A minimum cash security for erosion control for $2,000 is required.
8. 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.
9. 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.
10. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted Master Fee Schedule. The current fee amount is
$2,636.
Resolution No. P -15 -17
Page 6
11. 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. Traffic $1,374
b. Sewer $6,832
C. Fire $32
(Safety Services)
12. This parcel is located within the Very High Fire Hazard Area of the City
and is new construction; therefore, California Building Code Chapter 7A
and Chapter 15.05 PMC will apply.
13. 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.
14. Ignition- resistant construction, Class 1, is required.
15. The building's fire sprinkler system shall meet PMC requirements. The
system shall be modified to provide sprinkler coverage in the new addition
and new attached patio cover. The entire system is to be monitored by a
central monitoring company and backflow valve assemblies with tamper
switches shall be monitored. The addition and /or relocation of six or more
sprinkler heads shall require a separate plan submittal and approval by
the Fire Department. A water analysis will not be required.
16. The building's automatic fire alarm system shall meet PMC requirements.
The system shall be modified to provide coverage of the addition. System
shall be completely monitored by a U.L. listed central station alarm
company or proprietary remote station. Note on plans.
Prior to beginning operation of the preschool or issuance of a building permit,
whichever comes first, the applicant shall comply with the following:
(Engineering)
1. Yield pavement markings and signage shall be added to the pavement for
vehicular egress consistent with the current California Manual on Uniform
Traffic Control Devices. A signing and striping plan can be submitted to
traffic engineering for review and approval prior to installation of the
striping and signage.
(Planning)
2. Landscape and irrigation plans shall be submitted and approved for areas
proposed to be revised based on the landscape plan previously approved
in connection with the establishment of the Chinmaya Mission facility. The
landscape and irrigation plans shall demonstrate compliance with the City
Resolution No. P -15 -17
Page 7
of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC,
and all other applicable standards and ordinances in effect at the time of
landscape and irrigation plan submittal. The landscape and irrigation plan
submittal is separate from other project plan check submittals, and is
made to the Planning Division. Landscape and irrigation plan review fees
are required and are the responsibility of the applicant.
Landscaping shall be installed per the approved landscape plan prior to
starting operation of the preschool.
(Public Works)
3. A six - foot -wide trail easement shall be dedicated from the westerly limits
of the existing sidewalk/trail easement that is located along the private
road easement to the existing six - foot -wide local feeder trail easement
located along the north property line. The new trail alignment shall allow
trail users to cross existing drainage and landscape improvements to the
satisfaction of the Director of Public Works. The applicant shall submit a
legal and a plat for review by the City's Engineering Division and pay
applicable fees.
J. Prior to receiving a Certificate of Occupancy of the building addition:
(Planning)
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.
2. Landscaping shall be installed per the approved landscape plan.
(Engineering)
3. All utility services shall be installed, and completed by the property owner,
and inspected and approved by the Engineering Inspector. All new utility
services shall be placed underground.
4. An adequate drainage system shall be provided around the building pad
capable of handling and disposing all surface water to the satisfaction of
the Engineering Inspector.
5. 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.
K. Upon establishment of the proposed use, pursuant to CUP 15 -003, the following
shall apply to the satisfaction of the Director of Development Services:
Resolution No. P -15 -17
Page 8
1. The use of the facility shall be limited to religious and educational
activities, along with related accessory uses.
2. The preschool hours are limited from Monday to Friday from 9 a.m. to 3
p.m. Extended day care may be offered from 7:30 a.m. to 9 a.m. and from
3 p.m. to 5:30 p.m.
3. The activities of the spiritual and cultural center and preschool shall not
occur in such a manner as to create adverse impacts on the circulation
and parking on surrounding public streets. The assembly areas of the
sanctuary, preschool and ancillary buildings shall not be used for
assembly purposes at the same time if the concurrent use would result in
an inadequacy of on -site parking.
4. The facility shall be operated in such a manner as to minimize any
possible disruption caused by noise, and shall comply with noise
standards contained in Chapter 8.08 PMC. At no time shall noise from
any source exceed the noise standards defined in the PMC.
5. In addition to the Temporary Use Permit requirements contained in
Chapter 17.26 of the PMC, any temporary outdoor special event not
accessory to the Spiritual center use, as determined by the Director of
Development Services, shall require the approval of a Temporary Use
Permit by the City.
6. Parking lot lights shall be turned off when there are no activities occurring
on the site. Security lighting is permitted to remain on, provided it has
proper shielding and does not create glare on adjacent properties.
Consideration shall be given to the use of motion sensor security lights
where appropriate.
7. The parking areas and driveway shall be well maintained
8. The spiritual center and preschool shall ensure that all parking associated
with the spiritual center and preschool occurs within on -site parking lots,
and not on the nearby streets. Drop -off and pick -up locations shall occur
within the parking lots. The 9th Street private road extension shall not be
used for parking for the religious or educational facility without written
permission from all easement holders.
9. The owner or operator of the facilities shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this Permit.
10. All landscaping, including areas within the adjacent public right -of -way,
shall be adequately irrigated, and permanently and fully maintained by the
owner at all times in accordance with the requirements of the City of
Poway Landscape and Irrigation Design Manual. The trees shall be
Resolution No. P -15 -17
Page 9
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety. Trees should be trimmed or pruned as needed to develop strong
and healthy trunk and branch systems. Tree maintenance and pruning
shall be in accordance with "American National Standard for Tree Care
Operations" latest edition (ANSI A300). Trees shall not be topped and
pruning shall not remove more than 25% of the trees' leaf surface.
11. Any signs proposed for this development shall be designed and approved
in conformance with the PMC and require the approval of a separate Sign
Permit.
Section 5: The approval of CUP 15 -003 and DR 15 -001 shall expire on June 16,
2017, at 5 p.m. unless, prior to that time, a Building Permit has been issued and
construction on the property in reliance on the CUP approval has commenced prior to
its expiration.
Section 6: 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 16th day of June 2015.
Steve Vaus, Mayor
ATTEST:
.4�
Sheila Cobian, CM , City Clerk
Resolution No. P -15 -17
Page 10
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -15 -17 was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of June 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, CIVIC, City Clerk---
City of Poway