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Covenant Regarding Real Property 2006-0452806 r" ~. . 9510 c:.: tt 200f=,--045::.'806 ~ - -- . , I !/!:Iiill!llllllllilllllllllllllllllllllllllilllllllll!l 1111111111111 RECORDING REQUEST BY ) , ) CITY OF POWAY ) JU~~ 27. 2006 1 ')f'6 PM t.:....) WHEN RECORDED MAIL TO' ~f1 1-IIT!r !c:.l FicU If 11.,1'~. .~~:'Il ':L 1~li) I III !r-; II r-:EI.,'=iF-:rq~F:"; Ilr~II.[ CITY CLERK :nP :~i::I:I:;:Jf{, ,I ,rdl"l f"t CUllrH I FiU'IIf-i!.=Lf' H:.[ - :;~ UCi CITY OF POWAY :="';C1t = 1: POBOX 789 ) illl~IIOOIIIII..m~ POWAY CA 92074-0789 ) (Jf' 2006-0452806 APN 275_510-12 COVENANT REGARDING REAL PROPERTY First Church of Christ, Scientist Poway-Rancho Bernardo, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property described in Schedule A, Exhibit A, which is attached hereto and made a part hereof, and which is commonly known as Assessor's Parcel Number 275-510c12 ("PROPERTY" hereinafter) In consideration of the approval of Conditional Use Permit (CUP) 88-14(M) and Development Review (DR)' 05-13 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions 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, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties, In the event that CUP 88-14(M) and DR 05-13 expire or are rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation to enforce the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. Dated '- J{iA1..f..- /S I t)..OOb , (Notarize) Ch,zt5 -/, f-(;.:i6 I- , CITY OF POWAY Dated May 9, 2006 By OlQ-O-=++ , . 9511 . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ,*ff'C~~~~,,("iIY..&~U;.~~~~~Bt':Y~~~~~~~G&!'-~~~~ State of California } ss County of &V\ ]') I~-(j i) On J S<JUYl'4 o fp , before me. Tisa Lynn Sybert Date Name and Tille of 0 ieer (e,g.. Jane Doe, Notary Public") personally appeared SG.-o Name(s}of Signer{s) ~ I 'perSOnallY known to me I . '.--' TISA l YNN SYBERT I o proved to me on the basis of satisfactory evidence ~ /. . Commission #1377178 < ;-@o . 'to ]I to be the person(s) whose name(s) is/are subscribed a:: . ~ _ I' Notary Public - California~ ::" '. ..e':., San Diego County to the within instrument and acknowledged to me that LMy Commission Exp, Oct. 31, 2006 I he/she/they executed the same in his/her/their ------...--- authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above d~ ~!NO~ OPTIONAL Though the information befow'is not.'fequired bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this-form to another document. Description of Attached Document Title or Type of Document: Document Date: Numbe! of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Individual D Corporate Officer - Title(s): D Corporate Officer - Title(s): D Partner - D Limited D General D Partner ~ D Limited D General D Attorney in Fact . D Attorney in Fact . Top :Jf thumb here Top of thumb h8!e D Trustee D Trustee o Guardian or Conservator D Guardian or Conservator D Other. D Other. Signer Is Representing: Signer Is Representing: .x...~~~~~~~~~~~~~~'@(,~'^QV~~~"y.>."UV~~~"Q{ @2004 National Notary Association' 9350 De Solo Ave.. P,O. Box 2402. ChalswOTth, CA 913132402 Ilem No. 5907 Reorder: Call Toll-Free 1-800-876-6827 , . .1 File No: 03710758 9512 SCHEDULE A The form of policy of title Insurance contemplated by this report is ClT A Homeowner's Policy of Title Insurance AlTA lOim 1992 The estate or interest in the land hereinafter described or referred to covered by this report is A FEE as.to Parcel(s) 1; AN EASEMENT more fully described below as to Parcel(s) 2 Title to said estate or interest at the date hereof is vested in First Church of Christ.Scientist Poway-Rancho Bernardo, subject to Item No.1 of requirements hereinafter shown The land referred to herein is situated in the County of San Diego, State of California, and is described as follows' SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 File No: 03710758 . .' 9513 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL 1: That portion of Lot 4 of Fractional Section 26, Township 13 South, Range 2 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of California, according to Official Plat thereof, described as follows. Beginning at the intersection ofthe Southerly line of said Fractional Section 26, with the Easterly boundary of Rancho San Bernardo as said intersection is shown on Map of Valle Verde Estates, Unit No.1, according to Map thereof 4185, Recorded in the Office of the County Recorder of San Diego County; Thence along the Easterly boundary of said Rancho San Bernardo North 13015'43" East, 660 00 feet to the most Northerly corner of that certain Parcel of land described in deed recorded April 10, 1964 in the Office of the County Recorder of San Diego County as Document No 65121, said corner being also the True Point of Beginning; Thence continuing along said Easterly boundary of Rancho San Bernardo, North 13015'43" East, 488.05 feet, more or less, to the Southwesterly corner of said Valle Verde Estates Unit No.1; Thence along the Southwesterly boundary of said Valle Verde Estates Unit No 1, South 52026'57" East, 419.70 feet to the most Southerly corner of Lot 18 of said Valle Verde Estates Unit No.1; Thence leaving said boundary, South 41014'30" West, 450.59 feet to a point on the Northeasterly line of that Parcel of land described in said Document No. 65121 which point lies South 51000' East, 190.00 feet from the True Point of Beginning; Thence along said Northeasterly line, North 51000'00" West, 190.00 feet to the True Point of Beginning. EXCEPTING THEREFROM that portion described as follows: Beginning atthe intersection of the Southerly line of said Fractional Section 26, with the Easterly boundary of Rancho San Bernardo as said Intersection is shown on Map of Vall.e Verde :Estates, Unit No.1, according to Map thereof 4185, Recorded in the Office of the County Recorder of San Diego County; Thence along the Easterly boundary of said Rancho Bernardo, North 13003'18" East (Record North 13015'43" East) 45.39 feet; Page 3 File No: 03710758 . .1 95.14 Thence North 13202'59" East, 614.58 feet to the Sauthwesterly corner of the land desc~ib_edindeed to First Church of Christ Scientist, Poway, recorded July 2, 1964 as File No. 118986 of Official Records, being the True Point of Beginning; Thence along the Southerly line of said land, South 51012'44" East (Record South 51000' East) 11.10 feet to Point "A" of this description; Thence North 13002'59" East, 134.20 feet to a tangent 1051 foot radius curve, concave Westerly, Thence Northerly along the arc of said curve through.a central angle of 7054'36", a distance of 145.10 feet to said. Easterly baundary of Rancho San Bernardo; Thence alang said Easterly boundary, South 13002'59" West, 274 06 feet to the True Point of Beginning. PARCEL 2' An easement for road purposes over and across a contilJuous strip of land 30 00 feet of even width, situated in Lot 4 and in the Southeast Quarter of the Southeast Quarter of Fractional Section 26, Township 13 South, Range 2 West, San Bernardino. Meridian, in the County of San Diego, State of California, according to Official Plat thereof, the center line of said 30.00 foot wide strip of land being described as follOws: Beginning at th.e Northerly terminus of the center line of that certain street designated as Del Norte. on Map No. 4638 of Valle Del Norte Unit No.1, filed in the Office of the County ReCorder of San Diego County, September 28,1960, being a paint on the Southerly line of said Section 26, said point of beginning being also a point on the arcofa 600.00 faot radius curve in said center line, concave Southwesterly, a radial line to said point bears North 53016'20" East; Thence Northwesterly along the Northwesterly continuation of said curve through a central angle of 21042'25", a distance af 277.31 feet to the beginning afa reverse curve' concave Northeasterly having a radius of 800.00 feet; Thence Nart~westerly alorw_ the arc of said curve through a central angle of 23050'44", a .distance of 332.95 feet; Thence ta-ngentta said curve, North 34035'21" West to an intersection with a line which bears South 4'1014'30" West from the most Southerly corner of Lot 18 of Valle Verde Estates Unit No.1, in the County of San Diego, State of California, according to Map thereof No.. 4185, filed in the Office of the County Recorder of San Diego County, May 20, 1959. The !;idelines of the above described 30.00 foot wide strip of land shall be prolongea or shortened as necessary so as to terminate on the South in the Page 4 . .1 File No: 03710758 9515 Southerly line of said Fractional Section 26, and to tepllinate on the Northwest in said line bearing South 41014'30" West from the most Southerly corner of said Lot 18. The above described easement is hereby declared to be for the benefit of and appurtenant to, all or any parts of portions of Parcell herein described. Page 5 . . '. 9516 RESOLUTION NO P-06-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,CALlFORNIA APPROVING CONDITIONAL USE PERMIT (CUP) 88-14M AND DEVELOPMENT REVIEW (DR) 05-13 ASSESSOR'S PARCEL NUMBERS 275-510-12 WHEREAS, on November 1, 1988, the City Council approved a request from the First Church of Christ, Scientist, to construct a new 6,760-square-foot sanctuary and remodel existing church buildings located at 16315 Pomerado Road, in the Rural Residential C (RR-C) zone, and WHEREAS, on September 9, 2005, staff approved Minor Development Review Application (MDRA) 05-04 and Temporary Use Permit (TUP) 05-66 to install a modular building within the parking lot of the church site, WHEREAS, the applicant is requesting approval to modify the Conditional Use Permit 88-14 and approval oLDevelopment Review 05-13 for the First Church of Christ, Scientist located at 16315 Pomerado Road as follows. (1) demolish an existing 6,450- square-foot, multi-purpose building, (2) build a new 3,500-square-foot, multi-purpose building and a 14-space parking lot, and (3) keep the temporary classroom trailer currently located in the north parking lot until the completion of the permanent multi- purpose building; and WHEREAS, on May 16, 2006, the City Council held a duly advertised public hearing 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 The City Council finds that the proposed modifications to the project is Categorically Exempt as a Class 2 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section '15302 of the CEQA Guidelines, in that the project involves the replacement of a structure that will have substantially the same purpose and capacity as the structure replaced. Section 2: The findings, in accordance with Sections 1748.010 and 17 48 070 of the Poway Municipal Code, for Conditional Use Permit 88c14M to construct a 3,500-square- foot multi_purpose building at the First Church of Christ, Scientist property located at 16315 Pomerado Road, in the Rural Residential C zone, are made as follows: A. The location, size, design, and operating characteristics of the proposed religious facility addition is in accord with the title and purpose of Chapter 1748 of the Poway Municipal Code (Conditional Use Permit Regulations), the RR-C zone, . . Resolution No. P-06-28 Page 2 9517 the City General Plan, and the development policies and standards ofthe City in that religiousJacilities are allowed with a Conditional Use Permit. B. The location, size, design, and operating characteristics of the proposed multi- purpose building will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources in that the building of the facility will observe a minimum 50-foot setback from adjacent residential development. A 6-foot~high fence and minimum 5"foot-wide landscape buffer will provide a buffer between the church and neighboring residentially zoned properties to the north and east. C The proposed religious building will meet or exceed standards for scale, coverage and density Therefore, the harmony in scale, bulk, coverage and density of the project is consistent with adjacent uses. D There are public facilities, services and utilities available to the site E, The church is located along Pomerado Road and will not utilize streets in the surrounding residential neighborhoods and a minimum 50-foot setback from the religious facility to the adjacent residentially zoned properties will be provided. The proposed project is found to be consistent with the Circulation Element of the General Plan. F The proposed religious building has been designed to comply with the Poway General Plan and Municipal Code standards. The proposed multi-purpose building is smaller than the building to be demolished and therefore will not adversely impact the capacity and physical character of Pomerado Road G The religious facility is allowable on land zoned RR-C with the approval of a Conditional Use Permit and the property is located in an area with suitable circulation and other- infrastructure, The surrounding development is compatible with the proposed uses. Therefore, the site is suitable for the church, H There will not be significant harmful effects upon environmental quality and natural resources in thafthe proposed religious facility is located on a previously disturbed site The use involves no hazardous materials or processes. Therefore, there will not be significant harmful effects upon environmental quality and natural resources. I There are no other relevant negative impacts of the proposed use that cannot be mitigated. J The impacts, as described above, 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, . . Resolution No P-06-28 Page 3 9518 safetY or welfare, or materially injurious to properties or improvements in the viCinity nor be contrary to the adopted General Plan. K. The proposed conditional use will comply with each of the applicable provisions of Section 17 48 070 of the Poway Municipal Code with regard to current development standards Section 3. The findings, in accordance with Section 17 52 of the Poway Municipal Code, for Development Review 05-13 to construct a 3,500-square-foot, multi-purpose building at the First Church of Christ, Scientist prqperty located at 16315 Pomerado Road, in the Rural Residential C zone, are made as .follows: A. The new multi-purpose building has been designed to comply with the development standards of the Poway General Plan and Municipal Code. The colors and materials used in the construction of the facility are compatible with the surrounding development. The building will be set back 50 feet from the adjacent residential property lines and landscaping will soften the building from such views. Therefore, the building respects the interdependence of land values and aesthetics to the benefit of the City B The new building will be in character with existing church building in that it will incorporate complimentary architecture and similar buiiding materials and colors. The building is one-story and does not exceed 24 feet in height, similar to the homes ,in surrounding neighborhood. Therefore, the proposed development does not conflict with th'e orderly and harmonious appearance of structures and property within the City along with associated facilities, such as, but not limited to, signs, landscaping, parking areas and streets. C There are public facilities, services and utilities available No significant traffic impacts will occur with this development, as the new,building is smaller than the building to be removlld, The project will otherwise conform to all City Ordinances. Therefore, the proposed project does not detract from the maintenance of the public health, safety and general welfare, and property throughout the City D The multi-purpose building is designed to be consistent in design with the existing sanctuary building. Therefore, the proposed development respects the public concerns for the aesthetics of developments. E. The,proposed project will meet the required design regulations and will otherwise comply with all of the relevant codes ana standards of the City of Poway The building is concentrated on the southern limits of the site away from most neighboring residential properties. Therefore, the proposal does not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City'in general. . . Resolution No P-06-28 Page 4 9519 F. The proposed project will comply with all of the provisions of the Zoning Ordinance, and the General Plan. Section 4. Conditional Use Permit 88-14M and Development Review 05-13 to construct a 3,500-square-foot, multi-purpose building at the First Church of Christ, Scientist property located at 16315 Pomerado Road, in the Rural Residential C zone, as shown on the plans dated March 3, 2006, are hereby approved subject to the following conditions: A. Within 30 days of approval (1) the applicant shall submit in writing that all Conditions of Approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property B The use conditionally granted by this approval shall not be conducted in such a manner as to interferewith the reasonable use and enjoyment of the surrounding residential uses. C This Conditional Use Permit may be subject to annual review as determined by the Director of Development Services for compliance with the Conditions of Approval and to'address concerns that may have occurred during the past year D The conditions of CUP 88-14M and DR 05-13 shall remain in effect for the life of the religious facility, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner E. The site shall be developed in accordance with the approved site plans on file in the Development SerVices Department and the conditions contained herein. F Submit a Tree Removal Permit application to the Planning Division for review and approval by the Director of Development Services prior to removing trees, pursuant to Chapter 12.32 of the Poway Municipal Code The application shall contain a report from a qualified arborist stating why the trees proposed for removal cannot be protected in place or transplanted. Trees approved for removal shall be mitigated by increasing the size and number of trees required on-site by the City of Poway Guide to Landscape Requirements and Zoning . Code to the satisfaction of the Director of Development Services. G The temporary classroom trailer shall continue to be screened from Pomerado Road to the satisfaction of the Director of Development Services. The trailer shall be removed from the site no later than May 16, 2008, or no less than 30 days after occupancy is granted for the new multi-purpose building, whichever comes first, unless this condition is amended to extend the 2 years approval. A $1,000 cash trailer removal security deposit shall be posted with the City within 30 days of approval of this CUP, which will be refunded upon removal of the trailer . . . Resolution No P-06-28 Page 5 9520 H Compliance with the following conditions is required prior to issuance of the Building Permit, unless other timing is indicated' 1 The subject lot was previously graded per City of Poway Grading Permit number G689-90 If any additional grading is to exceed 50 cubic yards of earthwork, or if any cut is greater than two feet in depth and creates a slope steeper than 2:1, or if any proposed fill is higher than one foot in depth, the developer shall apply for a new Grading Permit, and submit a new grading plan for review and approval. If the above do not apply, the developer shall provide certification from a State Registered Civil Engineer indicating the actual quantity of earthwork involved and pay a $500 inspection feet. 2. A $2,000 erosion control cash security deposit shall be posted with the City 3 The applicant shall attend a pre-construction meeting, at which time he shall present an Action Plan that identifies measures to be implemented during construction to address erosio,n, sediment, and pollutant control. Compliance for erosion control shall be provided using one or more of the following guidelines: a. Provide an on-site de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained b Cover all flat areas with approved mulch. c. Install an earthen or gravel bag berm that retains 3 inches of water over all flat areas prior to discharge, effectively creating a de-silting basin from the pad. 4 Erosion control devices, including, but not limited to, de-silting basins, shall be installed and maintained by the developer throughout construction of the project. 5 Construction staking is to be provided by the property owner and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. 6 The site shall be developed in accordance with the approved site plan and building elevations on file in the Development Services Department dated March 3, 2006, and the conditions contained herein. 7 Should 'there be a need for a new fire hydrant, the applicant shall apply with the City for a water system analysis to establish the proper size and location of the public water system. If a hydrant is required, the applicant . . Resolution No P-06-28 Page 6 9521 shall. 'submit improvement plans, along with plan check and inspection costs for this improvement. Public Works: 8 Protect trail in place and keep trail accessible during grading and construction activities. Building: 9 The applicant shall comply with the latest adopted Uniform Building Code, energy and accessibility requirements in Title 24, and all other applicable codes and ordinances in effect at the time of Building Permit issuance Planning: 10 Details of any new exterior lighting shall be included on the building plans, including fixture type and design. All new exterior lighting fixtures shall be low-pressure sodium, and designed such that they reflect light downward and away from streets and adjoining properties pursuant to Poway Municipal Code Section 17 08.220.L, Parking lot lights shall be on an automatic timer to ensure that they turn off after evening services to the satisfaction of the Director of Development Services. 11 Revise the siteplah to replace the existing chain link fence located along the east property line shall with a 6-foot"high solid fence to the satisfaction of the Director of Development Services. The building plans shall include design and construction details for the fence. 12. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets to the satisfaction of the Director of Development Services. 13 The site plan shall demonstrate that a trash e,nclosure is provided on-site according to the City of Poway's current iequirements to the satisfaction of the Director of Development Services. 14 The proposed drainage ditch along ttie, south property line shall be designed to allow a landscape area no less than 5 feet in width between the property line and the parking lot. 15 Submit complete landscape construction documents prepared in 'accordance with the City of poway Guide to Landscape Requirements (latest edition) for new and modified landscaping within southeast corner of the church site to the satisfaction of the Director of Development Services. New landscaping shall be provided around the new multi- purposed building and parking lot, and within the area previously occupied . . Resolution No P-06-28 Page 7 9522 by the former multi"purpose building. A landscape plan check fee deposit is required upon submittal of the plans. I Prior to obtaining a final inspection on the Building Permit and/or release of performance and payment securities, the applicant shall comply with the following unless other timing is indicated, Engineering: 1 An adequate drainage system/path around the building, capable of disposing of all surface water shall be provided to the satisfaction of the Engineering Inspector Runoff shall not be permitted to pond near the building foundation. 2. Any new utility services shall be installed underground 3 The property owner shall, to the satisfaction of the City Engineer, repair any and all damages to the frontage road caused by construction activity from this project. Planning: 4 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 5 Landscaping shall be installed pursuant to the City-approved Landscape Plans. 6 All required fencing shall be installed J The applicant shall comply with the following requirements to the satisfaction of the Director of Safety Services: 1 Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and City of Poway Ordinance No 64 2. The building shall display its numeric add res,s in a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff's Dept. - ASTREA criteria. 3, Every building hereafter constructed 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 ~ . . 9523 Resolution No P-06"28 Page 8 apparatus having a minimum of 13'6" of vertical clearance. This 20-foot access width is the .minimum requirea for Fire Department emerqency access In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply The City Engineer, pursuant to the City of Poway Municipal Code, shall approve the road surface type. 4 An automatic fire alarm system shall be installed to approved standards by a properly licensed contractor The system shall be completely monitored by a U L. listed central station alarm company or proprietary remote station. 5 A 'Knox' Security Key Box shall be .required for the building at a location determined by the City Fire Marshal. A breakaway padlock shall be required for the fire sprinkler system Post Indicator Valve. 6 Fire Departmerit access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 7 Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 8 Minimum 2A.10BC fire extinguisher required for every 3,000 square feet and 75' travel distance. 9 The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 10 Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City K. Upon establishment of the use, the applicant shall comply with the following: 1 All facilities and related equipment shall be maintained in good repair Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 2. Parking lot lighting shall comply with the following: . . 9524 Resolution No P-06-28 Page 9 a. Parking lot lights shall be on automatic timers. b All parking lot lights on the church property, except for security lighting, shall be turned off when no activities occur on the site Lights shall be turned off no later than half an hour after the conclusion of an evening activity c. Security lighting is permitted to remain on provided it has proper shielding and does not create glare on adjacent properties. d All lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining premises. 3. The facility shall be operated in such a manner as 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. No loudspeaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance, including telephone, electric bell, or chime system. 4 The use of the building shall be limited to religious activities, religious educational activities, and related accessory uses, including, but not limited to, Sunday Services, Sunday School, meetings, childcare during services and meetings, reading room, and church office. 5 Temporary uses pursuant to Chapter 17.26 of"the Poway Municipal Code, including, but not limited to, carnivals, outdoor arts and crafts shows, and entertainment attractions, shall require City-approval of a Temporary Use Permit (TUP). A TUP application should be submitted at least 3 weeks prior to the event. 6 The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the stanaards set forth in this permit. 7 All landscaping on-site and 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 Guide to Landscape Requirements. The trees shall be 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. , . . . 9525 Resolution No P-06-28 Page 10 8 The, parking areas, driveways and landscape areas shall be well maintained. 9 Any signs proposed for this developmentshall be designed and approved in conformance with the Poway Municipal Code and require the approval of a separate Sign Permit. Section.5 The approval of CUP 88-14M and DR 05-13 shall expire on May 16, 2008, at 5'00 pcm. unless prior to that time a Building Permit has been issued and construction has commenced on the property in reliance on this CUP and DR approval prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 16th day of May 2006. l' ATTEST ~~b, ~ "t. D' ne hea, City Clerk ., , ,. . . . \7 qS?f; Resolution No. P-06-28 Page 11 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO) I, L. Diane Shea, City Clerk of the City of Poway, 'do hereby certify, under the penalty of perjury, that the foregoing Resolution, No, P-06c28, was duly adopted by the City Council at a meeting of said City Council held on the 16th day of May, 2006, and that it was so adopted by the following vote AYES BOYACK, EMERY, HIGGINSON, REXFORD AND CAFAGNA NOES NONE ABSENT NONE DISQUALIFIED' NONE