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Covenant Regarding Real Property 2001-0010147C 3UEST BY: TO: 2001-0010147 JAN 08, 2001 8:20 AM FIBAL RIO F2 ~N ~IEG ~OL~Y RE ER'8 OFFICE 61~RY . ~ITH, ~ Y REODR~ER ES: ,.00 No Transfer Tax Due COVENANT REGARDING REAL PROPERTY Community of the Crucified One, Inc., PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 317-640-52 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 00- 17 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of 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, encumbrancers, heirs, personal representatives, :1 assigns of the respective parties. In the event that Conditional Use Permit 00-17 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 I the p ' ' Ithis Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. Dated: ////~////6? &? By: OWNER: (Notari7~ Gary D. Crandall CITY OF POWAY Dated: /C/_~, /Od) Niall Fritz, Director of Development Services Ol CALIFORNIA ALL.PURPO~ ; ACKNOWLEDGMENT State of County of San Diego On /~¢//.- ~ Glenda S. Richards, personally appeared g~ "~, ('~ ,g // /- '1 OPTIONAL 1153 Public J capacity(t~, and that by '~k~ acted, Signer(s) Other ~ Capaci~(ies) Claimed by Signer(s) ~ividual ~tle(s): ~ Padner-- ~ Limited ~ General g Trustee ~ Othor: E~ Individual [] Title(s): [] Partner-- [] Limited [] General [] Trustee [] Other: Prod, No, 5907 1154 Exhibit "A" The land referred to is situated in the County of San Diego, State of California, and is described as follows: Lot 100 of Golden City Unit No. 1, in the City of Poway, County of San Diego, State of Calif :ling to map thereof No. 6877, filed in the office of the County Recorder of San Diego County, March 18, 1971. EXHIBIT B RESOLUTION NO. P- 00-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 00-17 ASSESSOR'S PARCEL NUMBER 317-640-52 WHEREAS, E A I and Conditional Use Permit 00-17 submitted by Gary Crandall, Pastor of R Church, came before City Council for a public hearing and action on August 15, 2000; and WHEREAS, the application requests approval to establish a church on a 3.2 acre site Iocated at 12730 EImpark Lane, in the RS-7 zone. This is a phased project which will include the renovation of existing buildings and the addition of future structures including a pastors residence, a larger chapel and a building; and WHEREAS, the City Council held a duly advertised public hearing to solicit from the public, both pro and con, relative to this application; and NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The City Council has considered the E Iai Initial Study (ELS), Mitigated Negative Declaration (MND) and associated Mitigation Monitoring Program shown as Exhibit A of this resolution for Conditional Use Permit 00-17. The project E Iai Initial Study (ELS) and MND d ~' :ion are fully incorporated herein by this reference. The City Council finds that the mitigation contained in the and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level and hereby approves the MND and the associated Mitigation Monitoring Program attached to this as Exhibit A. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for Conditional Use Permit 00-17 approving the establishment of a church on the subject property, are made as follows: The project is consistent with the General Plan as it designates this site for semipublic uses, including community centers, churches, schools, and child day care centers, with the benefit of a Conditional Use Permit. The location, size, design, and operating characteristics of the use will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, buildings, or natural as the project was originally designed as a community recreation center, which assumed large numbers of people would regularly visit the site. It was designed in concert with the surrounding subdivision under the same land use entitlements. No. P-00-63 Page 2 The harmony in scale, bulk, coverage, and density is consistent with adjacent uses because g buildings are single-stow with shallow pitch gable roofs. The taller of the two buildings is 16 feet high to the top of the roof gable. The buildings are at th :ions as the h :liatety adjacent. There is a concrete block sound along the periphery of the property adjoining the rear property lines of the closest homes. There are available public facilities, services, and utilities because the use will be located in a development where all necessary facilities are already in place. There will not be a harmful effect upon desirable neighborhood ch as new landscaping and parking lot paving, as well as a passive landscaped area will be installed in the first phase, which will help to eliminate an existing blighted condition. The building facades will also be renovated. The operations of the church will be regulated by virtue of an agreed upon schedule of church activities, including services, outdoor activities, and maintenance practices. The g " 'traffic will not adversely impact th ding streets and/or the City's Transportation Element as there is sufficient area for on-site parking, and the parking lots will be repaired and resurfaced. No on-street parking will be permitted for church functions. The site is suitable for the type and intensity of the use in that it was designed as a public gathering place as part of a larger planned community. There will be no significant harmful effects upon Iai quality and natural that the property does not contain any native plant matedal or resident animal population. There are no si ~her natural features on or adjacent to the property. I. There are no oth ' mitigated. negative impacts of the development that cannot be Conditional Use Permit 00-17, consisting of the establishment of a church on a 3.2 acre lot located at 12730 Etmpark Lane, and the approval for Phases 1 and 2 as shown on the plan dated July 12, 2000, including the expansion of the facility to add a Pastor's Residence, is hereby approved, subject to the following conditions: Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. B. Within 30 days of approval, the property owner shall execute a C Real Property. 1157 p-oo- P8ge 3 Prior to establishment of Phases 3 and 4 as shown on the plans dated July 12, 2000, an amendment to this permit, with review by the City Council at a public hearing, is required. The use conditionally granted by this approval shatl not be conducted in such a manner as to interfere with the reasonable use and enjoyment of the surrounding residential and uses. P ' f a Building Permit for Phase I as shown on the plans dated July 12, 2000, the applicant shall comply with the following: The working drawings shall be the same as the approved plans on file with the Development Services Department for CUP 00-17. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit ' The applicant shall submit formal landscape and irrigation plans to the Planning Division of the Development Services Department for plan check and approval for th " ; the fbrmedy landscaped areas, including the passive area abutting Silver Lake Drive and the north side of the lower parking lot. The applicant shall grant to the City~of Poway a general public access easement, over the passive area, and ' .~ Elmpark Lane and Silver Lake Road. A site plan and landscape plan for the passive shall be submitted 1' :t approval by the Director of Development Services showing all of the following: A four foot wid kway g Silver Lake Drive to the existing concrete walk along the north side of the lower parking lot. A minimum of two standard, bench. :ype picnic tables and one c. A minimum of one shade trellis over the picnic table. d. Lawn area on either side of the walkway. 1158 Page4 No. P- 00-63 A minimum of two canopy-type shade trees planted so as to shade the ..:I the park. The right-of-way area along Silver Lake Drive shall be planted with drought tolerant shrubs and 15 gallon-size canopy type trees, 30 feet on center, and appropriate ground ' q to control weeds. An automatic irrigation system shall be installed within the park and right-of-way area adjacent, and shall be controlled on a separate set of timers and clocks. A general public access nail be recorded over the length of the walkway leading from Elmpark Drive to the passive recreation area and include all of the passive recreation area. No future buildings, other than a possible small maintenance building, shall be built within the public access easement. P ~ a Building Permit for Phase, 2 as shown on the plans dated July 12, 2000, the applicant shall comply with the following: A Minor Development Review permit shall be obtained for the pastor's residence. Prior to establishment of the use in Phase 1 as shown on the plans dated July 12, 2000, the applicant shall comply with the following: The building renovations shall be complete and approved by the City for occupancy. The grounds improvements, including landscaping, irrigation, and parking lot resuffacing and striping, walkways, and signing for disabled access, shall be completed. The passive recreational area shall be open to the neighborhood during daytime hours, consistent with the use of all of the City of Poway's public parks. The p area shall be landscaped and improved with paved walkways, I benches, a picnic table and a shade structure to cover the picnic table, pursuant to the approved plans. Maintenance of the area shall be the responsibility of the applicant. No building occupancies will be granted until completion of the imp H. Upon establishment of the church use, the applicant shall comply with the following: 1159 Page 5 No. P-00-63 1. The use of the facility shall be limited to the activities and times as follows: Monday through Friday, 9:00 a.m to 6:00 p.m. office use Sunday worship service from 8:00 a.m. to 1:00 p.m. Tuesday morning prayer ministry, 9:00 a.m. to 1:00 p.m. Tuesday evening pray z/Bible study from 7:00 p.m. to 9:30 p.m. Wednesday evening service from 5:00 p.m. to 9:30 p.m. Saturday morning children/youth ministry from 9:00 a.m. to 1:00 p.m. All activities shall occur within the building and/or courtyard immediately adjacent to the buildings unless othe~vise approved through a Temporary Use Permit issued by the City. The facility shall be operated in such a to minimize any possible disruption caused by noise, and shall comply with the noise standards contained in Chapter 8.08 of the Poway Municipal Code. At no time shall equipment noise from any source exceed the noise standards contained in the Poway Municipal Code. In addition to the Temporary Use Permit req contained in Chapter 17.26 of the Poway Municipal Code, any temporary outdoor special event not accessory to the church use, such as block parties, picnics, practice campouts for Scouts and ties, as determined by the Director of Development Services, shall require the approval of a Temporary Use Permit by the City. The church shall ensure that the congregation, and all service providers park within the on-site parking areas, and not on the nearby streets. Th ~erator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. Compliance with the following conditions is required by the Department of Safety Services: Roof coverings shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. The building shall display the :Jdress in a ~le from the :. Th ' ' !the building numbers shall be six inches on the front facade of the building. The building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting SherifFs Department "ASTREA" criteria. Resolution No. P- 00-63 Page 6 10. 11. Every building hereaft :1 shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surfaces of not less than 16 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum of 13'6" of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. The buildings will be required to install an approved fire sprinkler system meeting P.M.C. requirements. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, t, are to be located by the City Fire Marshal prior to installation. Buildings needing sprinklers will be determined as construction submittals come forward. An automatic fire alarm system shall be installed to approved standards by a properly licensed System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. (Classroom building.) A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area. Plans to be submitted and approved prior to installation. A 'Knox' Security Key Box shall be required for the buildings at a location determined by the City Fire Marshal. A padlock shall be required for the fire sprinkler system Post Indicator Valve. Fire Department access for use of fire fighting equipment shall be provided to all immediate job construction sites at the start of construction and maintained at all times until construction is completed. Permanent access roadways for fire apparatus shall be designed as 'Fire Lanes' with appropriate signs and curb markings. A minimum 2A:10BC fire extinguisher is required for every 3,000 square feet and 75 feet of travel distance. The addition of an on-site fire hydrant may be required. The location of the hydrant shall be determined by the City Fire Marshal. 1161 Page7 No. P-00-63 12. Fire sprinkler riser(s) shall be located within ten feet of an exterior exit man door or shall be located inside an enclosed an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Rise¢'. When the closet method is chosen, applicant shall provide 36 inches of from the standpipe or attached additional risers, accessible by a 3'-0" man door. 13. Dead-end access roadways in excess of 150 feet in length require an approved fire dep around. Section 4: The approval of CUP 00-17 shall expire on August 15, 2002, at 5:00 p.m., unless prior to that time a building permit has b :J and the property in the project approval has :1 prior to its expiration. PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, at a regular meeting this 15th day of August, 2000. Robert Emery, Dep/~/4~ayor Pro Tern ATTEST: '-~. ,, ; i . :~ Lorl Anne Peoples, City Clerk ,,esolution No. P-00-63 Page 8 STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 00-63 , was duly adopted by the City Council at a meeting of said City Council held on the 15th day of August, 2000, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA, H][GG][NSON Lo~ Anne Peoples, City Clbrk City of Poway