Covenant Regarding Real Property 2006-0319585
--
~- -
.1,
. 1IIIIIIIrullllmlllllllll~rn~I~~~I~111 ~1~rn~1111111
RECORDING REQUEST BY )
) MAY 05. :~006 2:46 PM
CITY OF POWAY )
p~ ) OFFICl.o.L F:EC,"Rl'S
WHEN RECORDED MAIL TO: ) ~,.t:N [IIEGO CfjUiHY RECOR[IER":' IIFFICE
'6~ ~12831 bF:E'~CiR', .1 ',HITH. COUII1',' RECCiF:C'EF:
CITY CLERK FEE'". ~'J.OO
PI.J,I;.E':, ,',
,eY" CITY.OF POWAY ) "
POBOX 789 ) 111111111111111111111111111111111111111111111111111111111111111111111111111111111
POWAY CA 92074-0789 )
) 2006-0319585
) l' ms ~pace,ror t(ecora~r:! y~e,-
APN 314-132-07
COVENANT REGARDING REAL PROPERTY
Southeastern California Association of Seventh-Day Adventists, 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 314-132-07 ("PROPERTY" hereinafter) In consideration of the
approval of Conditional Use Permit (CUP) 03-03 and Development Review (DR) 03-04,
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, successors, heirs, personal
y
representatives, transferees and assigns of the respective Rarties.
In the event that CUP 03-03 and DR 03-04 expi~es or is rescinded by City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 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--/J..(, Ob By' f~~ tl~
f<l.S~r Zic.htxd A . ,M~.--e. (Notarize)
CITY OF POWAY
Dated' ~. ,- oc" By' AA
Niall Fritz, Director of Devel
OLD - 0'3-j-
. . 12832
CALIFORNIA ALl.PURPOSE ACKNOWLEDGMENT
~~~~~~~~~~~,n&~~fiC~~~..)fj('~~~ffi(::~~
State of California ;)/f770 } ss
County of S:.LJ /ZI
On i!7,e/L% 20{lt, before me, I}..;YL L I~ (If / fi//"/ 4r~'146t.1C-
Date !?/Ci/,<U0f.:::,. 1Name and Tille of Officer (e.g., Jane Doe, Notary Public")
personally appeared I . /1100k'C
Name(s)ofSigner(sl
o personally known to me
'~oved to me on the basis of satisfactory evidence
i ~- - ...:;"u.: - -, to be the personl)si whose name~ is/* subscribed
to the within instrument and acknowledged to me that
" ,7t.-... Commission'" 1450304 he/s~/t~ executed the same in hiS/~/th~
~ t',~" Notary PublIc - Call1omla i authorized capacity(~ and that by hiM:. 'r/t~ 'r
i' San Diego County . f signature(}lon the instrument the person(, or the
_ "_ _ ~:o:m:.~~9~2~7 entity upon behalf of which the person(~ acted,
l- - - - - -~~ - AI executed the instrument.
~ Commlsslon '" 1450304
~ .. Notary PublIc . CalIfomIa i WITNESS my and a!]d o.fficia~ ~
San Diego County -
j' _ _ _ ~,:.",::~~~9~2~7l r: ,~ J /vt/r~
\
OPTIONAL C
Though the information below is not required by law, it may prove valuable ro persons relying on the document
and could prevenUraudufent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named.Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General RIGHT,THUMBPRINT
o Attorney in Fact . o Attorney in Fact OF SIGNER
Top of thumb here Top of thumb here
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
-
~~~~"@(.,~~~~~~~~~~~~~~~~~~~~
@2004 National Notary Association. 9350 De Soto Ave., P.O. Bo)( 2402. Chatsworth, CA 91313-2402 Item No_ 5907 Reorder: Call Toil-Free 1-800-876-6827
, . · 12833
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO tlEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
ALL THOSE PORTIONS OF BLOCK 23 AND LOTS 28 THROUGH 31, INCLUSIVE, AND
. . . . , .
OF VACATED "E" STREET. IN TRACT"E" OF r9WAY, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536, FILED IN
THE' OFFICE OF THE COUNTY RECORDER OF SAID 'SAN DIEGO COUNTY, MAY 7,
1888, WHICH LIES SOUTHERLY OF THE BOUNDARY OF REXFORD TERRACES,
ACCORDING TO MAP THEREOF NO. 4261, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, MAY 15, i959. EXCEPTING THEREFROM
THE SOUTH HALF OF SAID LOT 31, AND THAT p,OR__TION OF THE WEST HALF OF
SAID "E" STREET WHICH LIES SOUTHERLY OF THE EASTERLY PROLONGATION OF
THE NORTH LINE OF SAID SOUTH HALF OF LOT 31
EXCEPTING THEREFROM ALL THOSE PORTION,s OF BLOCK 23 AND LOTS 28, 29, 30
AND THE NORTH HALF OF 31, IN TRACT "E"OF POWAY, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 536, FILED IN
THE OFFICE OF THE COUNTY.RECORDER OF SAID SAN DIEGO COUNTY, MAY 7,
1888, TOGETHER WITH ALL THOSE PORTIONS OF THE ALLEY IN SAID BLOCK 23
AND ESCONDIDO AVENUE AND PLAZA ADJOINING SAID.BLOCK. 23 ON THE EAST, AS
SAID ALLEY, AVENUE AND PLAZA. WERE VACATED AND ABANDONED BY RESOLfJTION
OF THE BOARD OF SUPERVISORS OF SAID SAN DIEGO COUNTY RECORDED JUNE 19,
195'7 IN BOOK 6627, PAGE 335 OF OFFICIAL R.E;CORDS; TOGETHER WITH ALL
THOSE PORTIONS OF 5TH S.TREET AND "E" STREET' AS SAID STREETS ARE SHOWN
ON SAID MAP NO. 536, BOUNDED AND DESCRIBED AS A WHOLE AS FOLLOWS
BEGI-NNING AT THE MOST WESTERLY SOUTHWEST CORNER OF REXFORD TERRACES,
ACCORDING TO MAP THEREOF NO. 4261, FILED IN' TH-E OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO ,COUNTY, MAY 15', 1959; THENCE ALONG THE
SOUTHERLY BOUNDARY Of ~SAID R.EXFORD TERRACES AS FOLLOWS: SOUTH
46029'37" EAST 644.73 FEET; SOUTH 65024'25" EAST 90.60 FEET; AND SOUTH
82023'41" EAST 2'l9.55 FE~T; THENCE LEAVING SAID SOUT!fERLY BOUNDARY,
SOUTH. QOI9'13" WEST 620.23 FEET TO A POINT IN A LINE DRAWN PARALLEL
WITH AND DISTANT 120.00 FEET NORTHERLY AT RIGHT ANGLE FROM THE SOUTH
LINE OF-THE NORTH HALF OF SAID LOT 31. IN'TRACT "E"; THENCE ALONG SAID
PARALLEL LINE AND THE EASTERLY PROLONGATION THEREOF, SOUTH 88036'27'~
EAST 521.00 FEET TO THE WESTERLY LINE OF POMERADO RQAD, FORMERLY KNOwN
ASMISSI~N R.O~ I-A, AS SHOWN ON MAP 'TH~R.EOF ON FILE IN THE OFFICE OF
THE COuNTY SuRVEYOR OF SAID SAN D;rEGOC'OUNTY; THENCE SOUTH 0019' 23"
WEST ALONG SAID WESTERLY LINE 308..40 FEET TO'THE CENTER LINE OF FIFTH
STREET AS SHOWN. ON SAID MAP NO. 536; THENCE NORTH 88044'57" WEST ALONG
SAID CENTER LINE 330. 0.6 FEET TO THE CENTER LINE OF "E;' STREET AS SHOWN
ON SAI-D ,MAp NO. 536; THENCE NORTH 0021' 23" EAST ALONG SAID CENTER LINE
189.25 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE
NORTHERLY ,HALF OF SAID LOT 31; THENCE NORTH 88036'27" WEST ALONG SAID
'EASTERLY PROLONGATION TO AND ALONG SAID SOUTHERLY LINE 973.92 FEET TO
'THE WESTERLY LINE OF SAID TRACT "E"; THENCE NO'RTH 0053'41" EAST ALONG
SAID LINE, 1231.89 FEET TO THE POINT OF BEGINNING.
. ..
"
. .
EXHIBIT B 12834
RESOLUTION NO Pc06-t8
A RESOLUJIONOF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03-03M
AND DEVELOPMENT REVIEW 03-04R,
ASSESSOR'S PARCEL NUMBERS 314-132-07
WHEREAS, on March 30, 2004, the City Council approved Resolution P-04-25
CO~Qitional Use Permit (CUP) 03c03and Development Review 03-04 to construct a
3,000-square-foot sanctuary addition to an existing church building and remodel the
existing 2,500-square-footchurch building ona developed property The subject
property is located in the 13940 Pomerado Road in the ResiClential Single Family 7 (RS-
7) zone, and
WHEREAS, a request, h'as been submitted by Doug Munson, Applicant/Seventh
Day Adventist Church, Ownersceto modify the Condition of Approval contained in 'Section
7 of Resolution P-04-25 to allow the applicant two more years to obtain a Building
Permit-and commence construction for church buildings, and
WHEREAS, on March 21" 2006, the City Council held a duly advertised public
hearihg to solicit comments 'from the public, both pro and con, relative to this
application.
NOW, THEREFORE"the City Council does hereby resolve as follows.
Section 1 The City Council finds that the Categorical Exemption that was previously
approved on March 30, 2004 for CUP 03-03 and DR 03~04, adequately addresses the
environmental concerns fcir CUP 03c03M and DR 03-04R.
Section 2: The findings,. in accordance with Section 1748070 of the Poway
Municipal Code, CUP 03c03rv1 .to allow two additional years to obtain a builCling permit
and commence construction ofthe church buildings are as follows:
A. The proposed location, size, design, and operating characteristics of the
proposed,Church expansion and remodel are in.accord with the title and purpose
of. Chapter 1748 of the PowayMunicipal Code (Conditional Use Permit
R~gLJlations), the City General Plan, arid the develQpmeht'policiesand standards
ofth,e City in mat religious facilities are allciWed with a Conditional Use Permit
and no Variances'are requested.
B The location,size, design, and operating characteristics of the proposed Church
expansion and .remodel willbe compatible with and will. not adversely affect or be
materially detrimental'to adjacent uses, re~idents, buildings, structures, or natural
resources in that in thai the buildings of the facility will observe a minimum 50-
foot setback from adjacent residential development.
. 1~35
Resolution No P-06-18
Page 2
proposed expansion will De located on an existing previously graded pad, and will
be added to the existing Church building. The' new building will be designed to
be consistentand complimentary to surrounding buildings.
D There are adequate public facilities, services, ang Utilities available at the subject
site to serve the proposed'Cliurch expansion aildremodel.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed Church exp;,msion and remodel has been
designed, and sited, such that it will be ,compatible with the surrounding
community The project;Will not utilize streets in the residential neighborhoods to
the north and a miriimum 50~foot setback from the religious facility to the
adjacent residentiallyzoried properties wilLbe provided.
F The generation of traffic will not adversely illlpact the capacity and physical
character of the surrounding streets and/or the' Circulation Element of the
General Plan in th$tttje proposed Church expansion is located on an, existing
Church site and Will not generate additional traffic other than what the Church
does now The expansion and remodel will not adversely impact the capacity
and physical character 'of Pomerado Road Therefore, the proposed project is
found to be consistent with the Circulation EI~ment of the General Plan
G The site is suitable for the type and intensity of :use or development which is
proposed, it is located iri 'an area with suitable circulation and other infrastrl:lcture.
The proposed Church expansion and remodel will allow the Church to expand its
services to the community
H There will not be significant harmful effects upon environmental quality and
natural resollrce,s in tnatttje proposed Church expansion and remodel is located
on a developed property, and does not involve the removal of natural habitat
resources.
I There are no relevant nl:!gative impacts associated with the proposed Church
expansion ang remocjel that cannot be mitigated in that the facility will comply
Wi~h County and State requirements.
J That the potential impacts, and the proposed location, size, design, and
opE!rating characteristics of the proposed Church expansion and remodel will not
be mater.ial!Y injuriou~ to properties or improvements in the vicinity, nor be
contrary toctheadqpted General Plan.
K. The proposed Church expansion and remodel will comply with all the applicable
provisions, of Chapter 1748 of the Powa'y Municipal Code in that the project will
meet all currentldevelopment standards.
· 128'36.R I to.. N P 0618
eso u Ion 0 - -
Page 3
Section 3 The Jindings; in accord(lnce with .Secti9n; 17.52 of the Poway MuniCipal
Code, DR 03-04~ to allow two additional years to obtain a Buiiding Permit and
commence constructiorLohhe Church buildings areas follows.
A. The religious facility expansion 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 tothe benefit of the City
B The buildings have beeri designed to comply with the developmentstandards of
the Poway General Plan and Municipal Code and be in character with existing
development in the area. Therefore, the proposed development does not conflict
with the 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. 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 buildings are designed to be consistent in design with surrounding
development. Therefore, the proposed development respects the public
concerns for the aesthetics of developments.
E. The proposed project will meet the required desigh regulations and will otherwise
comply with all of the relevant codes ana standards of the City of Poway
) ,.-' .
Therefore, the proposal does not have an adverse aesthetic, health, safety or
architecturally related impact upon existing adjoining properties, or the City in
general
F The proposed project will comply with all of the provisions of the Zoning
Ordinance, and the General Plan.
Section 4. The City COlJncil hereby approves Conditional Use Permit 03-03M and DR
03'-04R, to>modify the Condition of Approval~cor\tained in Section 7 of Resolution P-04-
25, to extend thedat~ to modify theConditibn. of Agproval contained in Section 7 of
Resolution P-04.-25 to allow two additional years to obtain a Building Permit and
commence construction of the church buildings at 13940 Pomerado Road, subject to
the following conditions:
., ,
. .
.' 12"837 Resolution No P-06-18
Page 4
A. All prior findi,l)gs and Conditions of Approval, outlined in Resolution P-04-25 that
approved CUP 03c03and DR 03c04 shall.apply
B Approval of this Conditional Use Permit request shall apply only to the subject
project and shall not waive compliance with all se.cttons 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: (1) the applicant shall submit in
writing that all Conditions of Approval have been read and understood; and, (2)
the property owners shall execute Covenant Regarding Real Property
D The conditions ofthis CUP shall remain in effect for the life of the subject Church
and shall run with the land and be binding upon future owners, successors, heirs,
and transferees ofthe current property owner
Section 5 The approval of CLlP03-03M and D~. 03c04R shall expire on March 30,
2008, at 5:00 p m. unless, pripr to that time, a Building Permit has been .issued and
construction on the property in reliance on the Cl.JPapproval has commenced prior to
its expiration.
PASSED, ADOPTED and APPROVED bithe City Council of the City of Poway,
State of California, this 21st day of March 2006
ATTEST
~~~
L. Dia' e Shea, City Clerk
i ;.... 'i?
. .
.
. 12838 Resolution No. P-06-18
Page 5
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-06-18, was duly adopted by the
City Council at a meeting of said City Council held on the 21st day of March 2006, and
that it was so adopted by the following vote:
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES. NONE
ABSENT NONE
DISQUALIFIED' NONE
~"~~~
City of Poway