Covenant Regarding Real Property 2005-0034762
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;, RECORDING REQUEST BY: ) DOC# 2005-0034762
;~CITY OF POWAY )
) i 11111111 !IIIIIIIIIIIIIIIIIIIIIIIIIII 111111111111111 11111111111111 1111
~ WHEN RECORDED MAIL TO' )
) ,JAN 13, 2005 2:36 PM
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CiTY CLERK ) uFFICI..::..L F:ECDRll'_,
',Cl.i'l [liECiU CCiUNT'1 Fi[COR[IEF:":, C1FFICE
CITY OF POWAY ) [iF,EGOR'1 ,I '.:.(.,.tITH l"":ourH'1 F:EUJR[IER
POBOX 789 ) FEE~. .29.IYI
POWAY CA 92074-0789 ) F'l:.,11['~
) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
No Transfer Tax Due ! (Thi! ~OO5-0034I62
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APN 317-101-15
eO\fENANT REGARDING REAL PROPERTY
Barbara J Birch, Trustee of the Decedenfs Trustund.er the Birch Family Trust dated
April 23, 1970, PROPERTY OWNER ("OWNER': .he~einafter) 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 317-101-15 ("PROPERTY"
hereinafter). In consideration of the approval of CUP 04-1.7, by the City of Poway
("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the atta'ched
resolution (Exhibit B).
This Covenant shail 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In the event that CUP 04-17 expires or is resCinded by City Council at the
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- - 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'
fe(3s,.from the other party
OWN R
=--
- - Dated' O,-(O;~ -(1)5 B
Birc j' (Notarize)
,
CITY OF POWAY
Dated I'?-- 7-- I - 0 L( By' ~YJ
Niall Fritz, Director of Develo mentServices
M:\planning\04report\cup\04-17 _cc church\covenant.doc
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. . 12535
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CALIFORNIA ALL"PURPOSE ACKNOWLEDGMENT
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On 1)/-{)3-D5 ,before me, n'yJ_1'i c. nlCll' i-ine z,
personally ap~::red 1!n. "['ax 0. cr N,m, "'.fi"i o~J~g -J,,, 0" No"~ Po";")
I' Name(s)of Signer(s)
" c?personally known to me
o 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 I
,
, _ _ u _ _ _ _ u acknowledged t.o me that he/she/they executed
, f" o. OFFICIAL SEAL 1 the samem his/her/their authorized
, ......., MARIA MARTINEZ ~ capacity(ies), and that by his/her/their
. NOTARY PUBLlC,CALlFORNIAijl signature(s) on the instrument the person(s), or
. COMM, NO, 1514873 - th t't bh If f h' h th ( )
SAN OIEGOCOUNTY J e en I y upon e a 0 w IC e person s
MY COMM. EXP SEPT. 23,,2008 acted, executed the instrument.
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PI"ce Notary Seal Abov{J
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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 DOCUl1Jllrit ,17 e 1 .p,
Title or Type of Document: Cbl1(/(?l1f Kt'.:f,r-clirlj . ,po 1'6(2
Document Date: --.J d I;} i/() Li Number of Pages: () '7
Signer(s) Other Than Named Above; ~/jU >
Capacity(ies) Claimed by Signer B
Signer's Name: (\11... k", ..-6\ J. lye 1"
~dividual TOP:I thumb here
, 0 Corporate Officer;-- Title(s):
, 0 Partner -0 Limited 0 General
o Attorney in Fact
o Trustee 8'
D Guardian or Conservator -; ,,'
o Other' .
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I Signer Is Representing: ,>\.1_' "
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Exhibit "A"
All that certain real property situated in the County6f San Diego, State of
California, described ,as follows'
Parcel 1
The South 489 33 feet ofthe West 229 75 feet of the East 459 50 feet of the
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Southeast Quarter of the Nortnwest Quarter of Section 13, Township 14 South,
Range 2 West, San Bernardino Base and Meridian, in the City of Poway, Co'unty
of S,!n Diego, State of Califor:n,ia, excepting therefrom the South 244,665 feet
thereof
Parcel 2
The SOl:lth 244 665 feet of thf; South 489 33 feet of the West 229,75 feet of the
East 459 50 feet of the SOutheast Quarter of the Northwest Quarter of Section
13, Township 14 South, Range 2 West, San BernaGdino Base and Meridian, in the
City of Poway, County of Sa'h Diego, State of California.
Assessor's Parcel Number' 317-101-15-00
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EXHIBIT B
RESOLUTION NO P"04-97
A RESOLUTION OF THE CIJY COur~CIL
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OF THE CITY OF POWAY"CALlFORNIA
APPROVING"CONDITIONAL USE PERMIT 04-17
ASSESSOR'S PARCEL NUMBER 317-101-15
Wfc1EREAS, Conditional Use Permit (CUP) 04-17 was submitted bySt~phenand Gail
Albert, Applicants, a request toestabli~h a church (Ct).ild 'Centered Church) in an existing
1,350csquare"foot tenant space '''Yithin a li1ulti~tenant commercial center The subject
pi-opertyis located on the north'side of Poway Road~ in the PowayValley Center, within the
Town Center'(TC) zone, and is addressed at 13380 PowayHoad, and;
Wfc1EREAS, on December'2.1, 2004, the CityCounciLheld a duly advertised public
hearing to solicit comments from the public, both pro'~'n_d~coii, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Po way as
follows:
Section 1 The project is Categorically Exemptfrom the'California Environrnejltal Quality
Act (CEQA), as a Class 1 Categorical Exemption, pU[sLJant to, Section 15301 of the CEQA
Guidelines, in that the project inyo!ves establishing a neW use in an existing commercial
building and involves negligibteexpansion of use beyond that existing,
Section 2: The findings, in accordance with Section 17048.070 of the Poway Municipal
Code, for CUP 04-17 to establish.:a church in an existing 1 ,350-square_foot tenant space,
within a multi-tenant commercial center, located at 13380 Poway Road in the Town Center
zone, are made as follows'
A. The proposed Ideation, siz~, design, and operating characteristics of the proposed
thurchare in accord with the title and purpose 'of' Chapter 1748 of the Poway
Municipal Code (Conditional Use Permit Regulations), the City General Plan, the
Poway Road Sp,ecific'Plan', the Town. Center zone, ,alJd thede,velopmel1t policies and
standards,ofthe,eityinthat'churchesare allowed with a Conditional Use Permit. The
ptojett will 'ricit sfgriifi6a~tly impactfraffic 'circulation or parking because the church
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will take place inside an existing:,commercial tenant.space,
B. The location, size, design, and operating CD.araC.teristics of the proposed church will
be compatible with and will not adversely affect or be materially detrimental to
Cidjacent 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
surrolmdingcommunity and it will comply'wlth the Poway Municipal Code, and all
other applicable State and County codes.
C The' proposed church is in har.rnQnyWith th.e scale, bulk, coverage, and density of,
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and is c.onsisterit with, adjace.nt usesih that the proposed use will be inside of an
existing commercial building,
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Resolution No P-04-97
Page 2
D There are adequatepubTic facilities, services, and utilities available atthe subject site
to servethe'proposed church in the existing commercial building.
E, There will not be a harmWI effect upon the desirable surrounding property
characteristics in that th~proposed church has been designed and sited such that it
will notresult in an impa(':Hb't~e surrounding community The church will take place
insjde of arj existing commerCial building, which is surrounded by other commercial
buildings.
.F The generatiCln.of traffic will..r)o!,adversely,impactlhe.capacityand'physical character
ofthe surrounding streetsand/ortheCirculation Element of the.General Plan in that
the proposed church wi11,'be- operated when most other tenants in thecenter'are not
operating. The church:will not generate a significant increase in traffic because the
church is proposing.to have:only 40 people (adults?n,d 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 usewill enhance citizen Jeligious opportunities in the City.
This will a!fsistthe City of Po way's goal of the Poway Road Specific Plan to promote
land uses that provide family-oriented uses.
H. There will not be significar)t;h~r.mful effects upon environmental quality and natural
resources in thciHhe prppo},ed church is located on a developed property and does
not involve the remoVal of natural habitat resources,
I There are,no relevant negative impacts associated yvith the proposed use that cannot
be mitigated in thatthe usewill comply with PowayMunieipal Code noise standards.
J That the potential impacts, and the proposed location, size, design, and operating
characteristics of tl],e proposed church will not be:materially injurious to properties or
irnWovemerilSinithe viciriity,nor:becontraryto;the adopted General Plan, in that the
facility has'beeri designed and sited sucMhat it willilot result in impacts.
K. The proposed church,w,ill 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 not result in visual impacts.
Section 3 The City Council hereby approyes cYP 04-17 to establish a church in an
existing 1 , 350-square-foot tenant space Within a :lT1ulti~tenant commercial center at 13380
Poway Road, as shown on the plans dated' October 26, 2004, 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 Ordinailce and .all other applicable
City ordinances in effect at the time of Building Permit issuance.
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Resolution No. P-04-97
Page 3
B Within 30 days.oql]e date o,fthis approval: (1 )the applicant shall submit in writing
that all conditions bJapproval have been read and understood; and, (2) the property
owners shall execute aiCovenant Regarding Real Property
C The use conditionally granted by.this approval ~all not be conducted in such a
manner as to interferewith the reasonable use-and erijoyment of surrounding uses.
D The conditions of CUP'04"1.1 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 of the current property owner
E. CUP 04-1.7 may be subj$ct'to annual review, as determined by the Director of
Development ServicesJ9r'c6mpliance with the conditions of approval and to address
concerns that may have been raised during the prior year
F Any changes in the approyed.use of the sitei.infll)ding, but hot limited to, the hours of
operation, .the number of 'attendees, red4ctioii in parking, or activities that would
modify the parking requirement, will require the approval of a modification to this
Conditional U~e 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 priQr to establishing the church use.
Prior to issuance of a Building Permit, the applicantshail 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 time of Building Permit issuance.
2. The site shall be developed in accordance, with the approved site plan on file
in the pex~IORlJlent SElrvices Department, ,dated 0ctober 26, 2004, and the
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c6nditions~ coritained herein. A final inspection from the appropriate City
Departments will be required
3 ABl)ilding Permit will be needed for the change of occupancy from commercial
to assembly
4 Separate toilet rooms will be required for 'men and women,
H. The applicant shall comply with-the following requirements to the satisfaction of the
Director of Safety Services:
1 Pro\fide panic"hardware on the front and rear exit doors, In lieu of panic
hardware on the front door, provide an approved key operated dead bolt with
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Resolution No P-04-97
Page 4
a sign aboVe the door that reads "This door to remain unlocked during
business hours"
2. Install approved illuminated exit signs above the front and rear exit doors.
3. Install an approved occupancy load sign indicating "Maximum Capacity 49",
that may be-visibleand easily read from any location within the facility
4 Install one 2A.10BC fire extinguisher in a location approved by the Fire
- Department
I Upon establishment of the use to allow a church'in,an existing tenant space, pursuant
to CUP'04-17, the following shall apply'
1 The hours of operation shall be on Saturday evening and one evening during
the week. The number of attendees shall' not exceed 49 people or 23 parking
spaces.
2, The owner or opera~or of the facility shall routinely and regularly inspect the
site to ensure compliance'with the standards set forth in this permit.
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 MunicipaLCode. No loudspeaker sound amplification system shall be
used to produce sounds in violation of the Noise Ordinance, including
telephone, electricibell, or chime system,
4 The use of the building shall be limited to religious activities and religious
ed~c9tignal activiljes,
5 Temporary uses pursuant to Chapter 17.26 of the Poway Municipal Code,
including, but not limited to, carnivals, outiJoor 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. All activities shall occur within the building:unless otherwise approved through
a Temporary Use Permit issued by the City
7 Ahysigns proposed for this development shall ,be designed,and approved in
conformance with the Poway Municipal Code and Comprehensive Sign
Program for the center, and require the approval of a separate Sign Permit.
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Resolution No P- 04-97
Page 5
Section 4. The approval of CUP 04-17 shall expire on December 21, 2005, at 5'00 p,m,
'unless, prior to that time, the conditions above have been;completed in reliance on the CUP
approval and the use has commenced prior to its expiration.
PASSED, ADOPTED.andAPPROVEDbythe City Council ofthe City of Po way, State
of California, this 21 st day of December 2004
Mich
ATTEST
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I"Jeanne Bunch, Deputy City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury,. that the foregoing Resolution No P~04-9j , was duly adopted by the
City Council'at a meeting of said:City Council held on the 21 st day of December 2004, and
that it was so adopted by the. following vote.
AYES: BoVAcK, EMERY', REXFORD, CAFAGNA
.
NOES NONE
ABSENT HIGGINSON
DISQUALIFIED' NONE
unch, Deputy City Clerk
oway