Covenant Regarding Real Property 2006-0626198
- ;
. . ~.~ .. ,
UUl~. # 200tJ-062o 1 SIC;
!RECORDING REQUEST BY ) 111111111111111111111111111111111111111111 III!IIIIIIIIIIIIIIIIIIIIIIII
)
CITY OF POWAY )
, ) SEP 01, 2006 10'33 Alv1
WHEN RECORDED MAIL TO' & )
. ) I :H-ICI..:'.,:. F:ECOFl[i':
CITY CLERK ~ 1 -,:.:.J-j [11[1_,Clll1UIH I F:ECUH[I[H"; OFFiI-E
l.,Hr:I-iDF:'i.1 .J~,"ll H. rour'i I I FiECOF:lll:r":
CITY OFPOWAY 1 FEE, ..:'~ UII
POBOX 789 L F.:'.,1.1E:
POWAY CA 92074-0789~ trl 1IIIIillll!!1I111 111I11111111I11 1111I 111111111111111 1111 111111111111111111111111
1
No Transfer Tax Due 8251 ) 2006-0626198
APN 323:190-74/CUP 05-06
COVENANT REGARDING REAL PROPERTY
Nader Harerchan and Pamela L. Feller, PROPERTY OWNERS ("OWNER" hereinafter)
are the owners of real property described below, which is commonly known as Assessor's
Parcel Number APN 323-190-74 ("PROPERTY" hereinafter), and is more particularly described
as follows:
Parcel 1 of Parcel Map 9066, in the City of Poway, in the County of San Diego,
State of California, Filed in the Office of the County Recorder of San Diego
County, August 2,1979
In consideration of the approval to establish a church, by the City of Poway ("CITY"
hereinafter), OWNER hereby agrees to abide by the Conditions of Approval 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, encumbrancers, successors, heirs, personal representatives, transferees and
assigns of the respective parties
In the event that CUP 05-06 expires or is rescinded by City'Council at the request of the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 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
D rj;2 ? /10 t OWNER:
Dated: By ~,~ 1, ;;~
ame a . e, er (Notarize)
OWNER:
Dated: 07r ;J.7(OG By {b:t:~~
ader H rerchan (Notarize)
,
Dated: 7-1,,';- ~ By
M:\plann\ng\05report\cup\05-06 ~ Life Ch urch\covenanl.doc
OtQ Dq '5'
:. .
8252
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~~~~~ffi5('~Z".i('~~~~~~~~~
State of California _ }
~&~ ~.
County of U
On 7! 0 ,before me, L. ~/tt..n("_ Shea.. / N (J hr'1 f{~/I c...
Dale . ./J . Jarfe Doe Notary Public")
personally appeared '1/~~
Name(s) of Slgner(s)
t@-:.. ~ - - - L.~li;;;E ;H~ - - ~ 0 personally known to me
. Commission /I 1529.437
~ '''; Notary Public. Collromlo ~ ~L ,.'
~. Son Oi . Counly - ./2l proved to me on the baSIS of satisfactory eVidence
~ MyComm. E':Nov25, 20081 to be the person(s) whose name(s) is/ilffi subscribed
_ _ _ _ _ _ - - - - - - to the within instrument and acknowledged to me that
l:le/she/tiley executed the same in ms/her/tAeir
authorized capacity(ies), and that by l:lisfher/tAeit-
@ l signature(s) on the instrument the person(s), or the
_ entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, 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 DO~ ~~ ~-t:::~
Title or Type 01 Oocument:
Document Date' 7 L{,/o (, Numberot Pages. I
. I
Signer(s) Other Than Named Above: ?tt./~14 "'- "JLj1 e/
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
o Attorney in Fact Top of thumb here 0 Attorney in Fact
TOp 0' thumb here
D Trustee 0 Trustee
o Guardian or Conservator CJ Guardian or Conservator
D Other' ::J Other"
Signer Is Representing: Signer Is Representing:
~~~~~~~~".~,..'Q(,,,'~~~~~~~~~~~~~~~~~~~~~~^q.(.-'Q{
C 2004 National Notary Association. 9350 De Solo Ave., P.O Box 2402. Chalsworth, CA 91313-2402 Item No. 5907 Reorder. Cal! Toll-Free '-800-876-6827
, . .
.
8253
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~~~~~~....F.;('~~~~~~~
State of California } SSe
County of (~nDie.3c
On 3u.\1fg). c:u:o(" before me, Shl1r",e. o. VJorrelL N()~~,
Date Name and Title of Officer (e.g., .:'jane Doe, Notary blie")
personally appeared tv o..J-e.r \-\ Q.r-e,U\Q.('\
Name(s)oISigner(s)
o personally known to me
~roved to me on the basis of satisfactory evidence
180==-1 to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
i' ~ P\.tllIc: . CaIIIomIa I he/she/they executed the same in his/her/their
. Ian DIego CounIy - authorized capacity(ies), and that by his/her/their
j--..;~~-~-~~~ 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 '-.)UL(J ( ,f)Dw 6 IJ f
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, 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~oCument /t..~ r:A2 ~
Title or Type of Document: ~.p 'd.J!
Document Oate: '7)xs/ 0 b Number of Pages: 8'
Signer(s) Other Than Named Above: foA"(lJ./ ,A A .' A, f "J.It
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - lIt1e(s): o Corporate Officer - 1ItIe(s):
o Partner - 0 Limited 0 General BIGHT THUMBPRINT o Partner - 0 Limited 0 General
o Attorney in Fact OF SIGNER o Attorney in Fact
Top of thumb here Top ct thumb here
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
~'<.....y."""v=v=v-~""v"""""~~"",...=....~"@.;~'g.."'Q(;..~-'Q(,.~'P<.."Q{)~~~~~~~~~
@2004 National Nolary Association. 9350 De Solo AI/e" P.O. Box 2402 . Chatsworth, CA 91313.2402 Ilem No. 5907 Reorder: Call Toll-Free '-800-876-6827
.. '
. .
EXHIBIT A
RESOLUTION NO P~05-60 8254
A RESOLUTION OF-THE CiTY COUNCIL
OF THECITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 05-06
ASSESSOR'S PARCEL NUMBER 323-190-74
WHEREAS, Conditional Use Permit (CU~) 05-06 was submitted by Randy Rolfsen,
Applicant, a request to establish a church (The Life Church) in an existing 3,600-square-foot
tenant space within a mLilti"tenant commercial center The subject property is located on
the north side of Poway Road, in the Poway Center, within the Automotive/General
Commercial (NGC) zone, and is addressed at 14034 Poway Road, Suites G - J; and
WHEREAS, on September 06, 2005, 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 project is Categorically Exempt from the California Environmental Quality
Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA
Guidelines, in that the project involves establishing a new use in an existing commercial
building and involves negligible expansion of use beyond th'at existing.
Section 2: The findings, in, accordance with Section 17 48.070 of the Poway Municipal
Code. for CUP 05-06 to establish a church in an existing 3,600-square-foot tenant space
within a multi-tenant commercial center, located at 14034 Poway Road in the Automotive/
General Commercial zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
church are in accord with the title and purpose of Chapter 17 48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the City General Plan, the
Poway Road Specific Plan, the Automotive General Commercial zone, and the
development policies and standards of the City in that churches are allowed with a
Conditional Use Permit. The project will not significantly impact traffic'circulation or
parking because the church will take place inside an existing commercial tenant
space.
8 The location, size, design; and operating characteristics of the proposed church 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 facility
has been designed and sited such that it will not result in visual impacts to the
surrounding community and it will comply with the Poway Municipal Code, and all
other applicable State and County codes.
C The proposed church is in harmony with the'scale, bulk, coverage, and density of,
and is consistent with, adjacent uses in that the proposed use will be inside of an
existing commercial building.
.
-, . .
8255
Resolution No P-05-60
Page 2
D There are adequate public facilities, services, and utilities available at the subject site
to serve the proposed church in the existing commercial building.
E. There will not be a ,harmful effect upon the desirable surrounding property
characteristics in that the proposed church has been designed and sited such that
it will.not result in an impact to the surrounding community The church will take
place inside of an existing commercial building, which is surrounded by other
commercial buildings.
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 in that
the proposed church will be operated when most other tenants in the center are not
operating. The churchwill not generate a significant increase in traffic because the
church is proposing to have only 50 people (adults and children), and the streets and
site are developed to handle this traffic.
G The site is suitable for the type and intensity of use or development which is proposed
in that the proposed church use will enhance citizen religious opportunities in the City
This will assisUhe City of Poway's goal of the Poway Road Specific Plan to promote
land uses that provide family-oriented uses.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed church will be located on a developed property and
does not involve the removal of natural habitat resources.
I There are no relevant negative impacts associated with the proposed use that cannot
be mitigated in that the use will comply with PowayMunicipal Code noise standards.
J That the potential impacts, and the proposed location, size, design, and operating
characteristics of the proposed church will not be materially injurious to properties
or improvements in the vicinity, nor be contrary to the adopted General Plan, in that
the facility has been designed and sited such that it will not result in impacts.
K. The proposed church will comply with all the applicable provisions of Chapter 17 48
of the Poway Municipal Code in that the facility has been designed and sited such
that it will notresult in visual impacts.
Section 3: The City Council hereby approves CUP 05-06 to establish a church in an
existing 3,600-square-foot tenant space within a multi-tenant commercial center at 14034
Poway Road, Suites G - J as shown on the plans dated July 19, 2005, subject to the
following conditions.
A. Approval of this CUP 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
., . . 8256
'Resolution No P-05-60
Page 3
B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all Cbh'ditions of Approval have been read and understood, and, (2) the property
owners shall execute a Covenant Regarding Real Property
C 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.
D The conditions ofCUP05~06 shall remain in effect for the life of the subject church,
and shall runwith the land and,be binding upon future owners, successors, heirs, and
transferees of the current property owner
E. CUP 05~06 may be subject to annual review, as determined by the Director of
DevelopmentServices,fo~ compliance with the Conditions of Approval and to address
concerns that may have been raised during the prior year
F Any changes in the approved use ofthe site, including, but notlimited to, the hours of
operation, the humber of attendees, reduction in parking, or activities that would
modify the parking requirement, will require the approval of a modification to this
Conditional Use Permit. Depending upon the, scope of such changes, at the
discretion of the, Director of Development SerVices, said modification may be
processed administratively or may be referred to the City Council for a public hearing.
G The applicant shall obtain a Building Permit prior to establishing the church use.
Prior to issuance of a Building Permit, the applicant shall comply with the following:
1 The applicant shall comply with the latest adopted Uniform Building Code,
National EleCtric CodE!, and all other applicable codes and ordinances in
effect at the,time6f Building Permit issuance.
2. The site shall be developed in accordance with the approved site plan on file
in the Development Services Department, dated July 19, 2005, and the
conditions contaihed herein. A final inspection from the appropriate City
Departments will be required.
3. A Building Permit will be needed for the chahgeof occupancy from commercial
to assembly
4 Separate toilet rooms will be required for men and women.
H. The applicaptshall comply with the following requirements to the satisfaction of the
Director of Safety Services:
1 Provide panic hardware on all exit doors from the public assembly areas and
doors shall swing in the direction of exit travel.
" . . 8251
Resolution No. P-05-60
Page 4
.
2. Install approved illuminated exit signs above the exit doors from the public
assembly areas. The exit signs shall be equipped with emergency battery
back up
3 A minimum 2A:1 0BC fire extinguisher is required For every 3,000 square feet
and 75 feet of travel distance.
4 Suite numbers shall be displayed on or above each exterior door with lettering
four to six inches in height.
I Upon establishment ofthe,use to allow a church in an existing tenant space, pursuant
to CUP 05-06, the following shall apply'
1 The owner or operl;!tor of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
2. 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.
3 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.
4 All activities shalloccurwithin the building unless otherwise approved through
a Temporary Use Permit issued by the City
5 Any signs proposed for this developm,ent shall be designed and approved in
conformance with the Poway Municipal Code and the Comprehensive Sign
Program for the center, and require the approval of a separate Sign Permit.
Section 4 The approval of CUP 05-06 shall expire on September 6,2007, at 5:00 p.m.
unless, prior to,thattime, the conditions abOve'have been completed in reliance on the CUP
approval and the use has commenced prior to its expiration.
. , '. . . . /
825'&
Resolution No P-05-60
Page 5
PASSED"ADOPTED and,APPROVED by the City Council ofthe City of Poway, State
of California, this 6th day of September 2005
ATTEST
~~~
L. i e hea, City Clerk
STATE OF CALIFORNIA )
) SSe
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. P-05-60 was duly adopted by the City Council
at a meeting of said City Council held on the 6th day of September 2005, and that it was
so adopted by the following vote:
AYES BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES. NONE
ABSENT' REXFORD
DISQUALIFIED' NONE
~,~ CVL
L. Diane Shea, City Clerk
City of Poway