Covenant Regarding Real Property 2004-0753672
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.\ ' RECORDiNG REQUEsr"Sy:) . DOC # 2004-0753672
CITY OF' POW A Y ~ 111111111 III 111//l1li1 11111/111111/11111111111111111 1111111111 11111111
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P0WA Y CA 92074-0789 ~ 1 IIIIIIIIIIIIIIIIIIIIII!IIIIIIII 1111111111111111111111111 1111111111 11111 1111111'
No Transfer Tax Due ) (This _,..___ __. n _ _ 2004-0753672
APNs: 323-261-05, 06 and 07
COVENANT REGARDING REAL PROPERTY
Vietnamese Christian Alliance Church, 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 Nurnber 323-261-05,
06 and 07 ("PROPERTY" hereinafter). In consideration .of the approval of CUP 02-08
and DR 02-12, 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 biIJding upon and inure to the
benefit' of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees arid assigns of the respective parties.
In the event th-at CUP 02-08 and DR 02~12 expires or is rescinded by City
Council at the request of the OWNER, CITY shall expunge this Covenant frorn 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: Vietnamese Christian Alliance Church
/ -'
Dated: 7 - ...2.. " 0'; By' 14---- ~
Tan Nguyen No rize)
CITY OF POWA Y
_. Dated 7-/- pq By'
Niall Fritz, Director of Develo nt Services
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CALJFORNI~ ALL.PURPOSE ACKNOWLEDGMENT
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, On ~LY Ji, d-co4- ~Ao~':;;~5ol Nf'\7"I'..,y
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personally appeared
o personally known to me ,
~ proved to me on the basis of satisfactory ,
evidence
to be the person(.i0 whose nameiS) (jjjMe
subscribed to the within instrument and
acknowledged to me@~z:t)"BY executed
the same in is! ir!t eir authorized
capacity(ieS), and that by @he,rlli)e1r
signature(,s'),on the instrument the person(g), or
, the entity upon behalf of which the person(g)
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acted, executed the instrument.
,
, Place Notary Seal Above
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OPTIONAL @
Though the information be/ow isnot required by law, it may prove valuable to persons relying Oil the document ,
and could prevent fraudulentremoval and reattachment of this form to another document.
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" Description of Attached DOL:O K' 'C'r./lp ~\~~ ~~~'lY
, Title or Type of Document: 'i ~
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Document Date: Number of Pages: ,
" Signer{sJ Other Than Named Above:
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Capacity(ies) Claimed by Signer
Signer s Name:
o Individual Top of thumb hGre
o Corporate Officer,- Title(s):
, o Partner - 0 Limited 0 General
, o Attorney in Fact
o Trustee
CI Guardian or Conservator
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! Signer Is Representing: -~~
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@1999National NOI'lry As,;oclallOn. 9350 De Soto Ave.. P.O. Box 2402. Chatsworth. GA 91313-2402. www.nalionalnolary,org Prod. No. 5907 Reorder: Call TolI.Free 1.800.876-6827
-; . 22587 .
EXHIBIT 'A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN ISSITUA TED IN THE STATE OF CALIFORNIA, COUNTY
'-. 'Y- . _'___'
OF SAN DI,EGO, AND IS DESCRI13EDAS FOLLOWS..
PARCEL 1A.
nm NORTHERLY 82.50 FEET OF ALL '[HAT PORHON'OFLOT 3IN SECTION 18, TOWNSHIP
14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEQQ, ~:rATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY-,DESCRlBED AS FOLLOWS.
(;CO~N<;;ING AT THE. INTERSECTION OF THE NORTH LINE OF SAID LOT 3 WITH THE
- ,- -.
WEST LINE OF THE EAST 825;00.FEET OF SAID LOT, THENCE SOUTH 01024'20" EAST
. . .,"" -
ALONG SAID WEST LINE, 275;00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
€ONT1Nt.rrN'G SOUTH 01024'20" E~ST ALONG SAID WEST LINE, 165.00 FEET, THENCE AT
- RIGHT ANGLES SOUTH 88035'40" WEST, 377 72.FEELTO THE INTERSECTION WITH THE
EAST LrNEOF THE WEST 310.00 FEET (MEASURED ALONG THE. NORTH LINE) OF SAID LOT
3, THENCE NORTH OOOi1'20~'\vEST ALONG Si\ID. EAST LINE, 165.04 FEET TO THE
INTERSECTION WITH A LINE DRAWN AT RIGHT ANGLES TO SAID WEST LINE OF THE
EAST 825.00 FEET OF LOT 3, FIWIyITHE TRUE POIN:r OF BEGINNING; THENCE NORTH
88035' 40" EAST ALONG SAID LINE, 374.22FEET TO THETRUE POINT OF BEGINNING.
EXCEPTING THE EAST 187,99 FEET THEREOF
RESERV)NGFR9~1PARCEL A HEREINABOVE DESCRlBED,AN EASEMENT AND RIGHT OF
WAY FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER, UNDER, ALONG AND
ACROSS THE SOUTHERLY 10:00 FEET OF SAID PARCEL A.
PARCEL1B
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS
TH()SE PORTIONS OF LOT 3IN SECTION 18, TOWNSHIP 14, SOUTH, RANGE 1 WEST, SAN
BERNARDmO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
FEBRUARY 24, 1876, DESCRlBED IN THE FOLLOWING PARCELS.
PARCEL B-1.
THE EAST 30:00'FEET OF THE WS$T~1O,90 FEET OFTHE NORTH 990.00 FEET OF SAID LOT 3,
SAID WEST31O:00 FEET AND NORTH 990,00 FEET BEING MEASURED ALONG THE NORTH
AND WEST LINES THEREOF
PARCEL B-2:
A 60.00 FOOT WIDE STRll' OF-LAND LYING ADJACENT TO AND 34.00 FEET EASTERLY OF
AND 26.00 FEET WESTERLY OF THE LOCATION AND PROLONGATION OF THE EAST LINE
OF PARCEL B-1 ABOVE.
-
- 1; -"., ": ;'...-- .---. 22588 .
.~
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EXCEPTING THEREFROM THAT PORTlONLYlNG WITHIN SAID PARCEL B- I
PARCEL B-3
A STRIP OF LAND' 20.00 FEET IN WIDTH, THE CENTER LINE OF SAID STRIP BEING
DESCRIBED AS FOLLOWS.
COMMENCING AT THE NQRTHEAST CORNER ()E~PARCEL A .HEREINABOVE DESCRIBED;
THEN€E NORTH 88035~40"EAST, 20;00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
i' RETRACING SOUTH 88035'40" WEST, 20.00 FEET TO THE NORTHEAST CORNER OF SAID
; PARCEL A ABOVE, THENCKALONGTHE NORTHERLY LINE OF SAID PARCEL A ABOVE
~,
I SOUTH88035'40" WEST TO THE EASTERLY LINE OFTHE WESTERLY 34.00 FEET OF SAID
'; PARCEL A ABOVE.
,
f , ,,:qX;CEPTINGFROM SAIDPARCEl;S B-2 AND B-3 THOSE PORTIONS THEREOF LYING WITHIN
~ PARCEL A.
f'
~, PARCEL 2A.
~.
I.
ALL THAT PORTION OF LOT3JN: SECTION 18, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN
BERNARDINO BASE AND MERIDiAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA,. ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS.
COMMENCING AT THE. IN:rE~SEcrION OF THE NORTI{ 1;1NE OF SAID LOT 3 WITH THE
WEST .LINE OF THE EAST 825.00 FEET OF SAID LOT, THENCE SOUTH 01024'20" EAST
ALONG .SAID WEST LlN~, 275:00 FEET TO THE TRuE POINT OF BEGINNING; TlIENCE
CONTINUING SOUTH 01024.'20" EAST ALONG SAID WEST LINE 165.00 FEET, THENCE AT
RIGHT ANGLES SOUTH 88~35'40"WEST, 377 72 FEET TO THE INTERSECTION WITH THE
EAST L!l\'E OF THE WEST 31.0.00 FEET, (MEASURED ALONG THE NORTH LINE) OR SAID
LOT 3, THENCE NORTH 00m.'20" WEST ALONG SAID EAST LINE, 165,04 FEET TO THE
INTERSECTION WITH A LINE DJ3.AWN AT RIGHT ANGLES TO SAID WEST LINE. OF THE
EAST 50.00 RODS OF LOT 3, FROM THE TRUE POINT OF BEGINNING; THEt'lCE NORTH
- -- -- -.-
88035'40" EAST ALONG SAIDLINE, 374.22 FEET TO THE 'fRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTHE~Y 82:50 FEET AND EASTERLY 187.99 FEET
THEREOF
RESERVlNG F~OMPARCEL A HEREINABOVE DESCRIBED; AN EASEMENT AND RIGHT OF
WAY FOR INGRESS AND EGRESS 'AND PUBLIC UTILITIES OVER, UNDER, ALONG AND
ACROSS THE NORTHERLY 10.00 FEETOF SAID PARCEL A.
PARCEL 2B
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS
THOSE PORTIONS OELOT 3 IN SECTION 18, TOWNSHIP J4 SOUTH, RANGE I WEST, SAN
BEI&NARDINO BASE AND MERIDIAN, IN THE, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
FEBRUARY 24,,1876, DE.SCRIBED IN THE FOLLOWING.PARCELS.
,
,> .- 22589 .
.PARCELB-j'
TIm EAsT30.00 FEET bF TI'!EWEST 3 ro.OO;FEET OF THE NORTH 990.00 FEET OF SAID LOT 3,
SAID WEST 310.00 FEET AND NORTH 990.00'FEET BEING MEASURED ALONG THE NORTH
AND WEST LINESTHEREOE.
PARCEL B'2:
A 60.00 FOOT WIDE STRIP OF LAND LYING ADJACENT TO AND 34.00 FEET EASTERLY OF
AND 26.00 FEET WESTERLY OF THE LOCATION AND PROLONGATION OF THE EAST LINE
OF PARCEL B-1 ABOVE.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID PARCEL B-1.
PARCEL B-3:
t (
A ST:RIP OF LAND 20.00 FEET IN WIDTH, THE CENTER LINE OF SAID STRIP BEING
DESCRIBED. AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL A HEREINABOVE DESCRIBED;
THENCE NORTH 88035'40"'EAST, 20.00 FEET TO TlIWfRUE POINT OF BEGINNING; THENCE
RETRACINd'sOmH 88035'40:' WEST, 20.00 FEET TO THE' NORTHEAST CORNER OF SAID
PARQEL A ABOVE, THENCE. ALONG THE NORTHE,RLY LINE OF SAID PARCEL A ABOVE
SOUTH 88035'40" WEST TO'THE EASTERLY LINE OF'THE WESTERLY 34.00 FEET OF SAID
PARCEL A ABOVE.
EXCEPTING FROM SAID PARCELS B,2 AND B-3 THOSEPORTIONS THEREOF LYING WITHIN
PARCELA.
," ,
, " ,
" . 225-90 .
,.:i TEmI'B Ir-:B2
RESOLUTION NO P-04-46
A RESOLl:JTION OF THE CITYCOLJNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT'02-08, DEVELOPMENT REVIEW 02-12
AND VARIANCE 03-13 FORTHE CONSTRUCTION OF
A RELIGIOUS FACILITY
APNs: 323-261-05,-06, and -07
WHEREAS, applications for a Conditional Use Permit (CUP 02-08),
Development Review (DR 02-12) and Variance (VAR 03-13) were submitted by the
Vietnarnese Christian .Alliance Church, applicant and owner, to construct a 2,750-
square-foot religious facility,at the property located at 13125 Vista View Drive within the
Automotive General CommerCial (AGC) zone of thee f'bway Road Specific Plan area
and the Rural Residential C (RRcC) zone_ The applic;~l1t is also requesting a Variance
to allow the new building to maintain an 8-footside-yard setback along the north
property line where a 10-foot side-yard setback is required; and
WHEREAS, on June 29, 2004, 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 has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for CUP 02-08, DR 02-12, and VAR 03-13. The
subject EIS and MND docurnentation are fully incorporated herein by this reference
The City Council finds, on the basis of the whole record before it, that there is no
substantial evidence the project wjll have a significant impact on the environment, that
the mitigation measures contained in the EIS and Exhibit A hereof will mitigate
potentially significantirnpacts to a less than significant level., and that the MND reflects
the independent judgment and analysis of the City The City Council hereby approves
the'MND ahd the associated Mitigation Monitoring Program attached to this Resolution
as Exhibit A.
Section 2: The findings, in accordance with Sections 17 48.010 and 17 48.070 of the
Poway Municipal Code, for Conditional Use Permit 02"08 to construct a 2,750-square-
foot religious facility <lithe property located 13125 Vista View Drive within the AGC zone
of the Poway Road Specific Plan area and the RR~Czone, are made as follows:
A. The location, size, design, and operating characteristics of the proposed religious
facility is in accord .with the title and purpose Qf Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the AGC zone of the
Poway Road Specific Plan area and the RR-C zone, the City General Plan, and
" . 22591 .
Resolution No. P"04-46
Page 2
the development policies and standards of the City in that religious facilities are
allowed with a Conditional Use Permit.
B the location, size, desigll, and operation.characteristics of the proposed religious
facility will be compatible with and will .not adversely affect or be materially
detrimental to adjacent uses, residerit~,; buildings, structures, or natural
resources in that the building of the facility will observe a minimurn 50-foot
setback from adjacent residential development. :In addition, an approximately 48-
foot wide landscape buffer provides separation between the church parking lot
and the adjacent residential neighborhood ,to the' south. A 6-foot-high fence and
minimum 5-foot-wide .landscape buffer will provide a buffer between the church
parking lot and the residentially zoned, vacant property to the east. In addition,
the use will be required to comply with performance standards to ensure that the
adjacent residences will notbe impacted by noise, light and glare.
C The proposed religious facility will meet or exceed standards for scale, coverage
arid density Therefore, the harmony in scale, bulk, coverage and density of the
project is consistent with adjacent uses.
0 There are public facilities, services and utilities. available to the site.
E. The proposed religious facility has been designed to comply with the Poway
General Plan and MuniCipal Code standards afnNell as the Poway Road Specific
Plan. The use is an appropriate transition from the hotel to the north and the
homes to the south. The church is located less than 300 feet from Poway Road
along an existing culcde-sac that has been :improved to City standards.
Therefore, there will be no harmful effect upon desirable neighborhood
characteristics. The projectwill not utilize s,treets, in the residential neighborhood
to the south and a minimum 50-foot setback from the religious faCility to the
adjacent residentially zoned properties will be proVided.
F Based ori the small si,ze of the proposed church, the generation of additional
traffic as a result of the religi()us facility wilL not adversely impact the capaCity'and
physical character of Vista View Drive. Vista View Drive is a private street that is
currently improved with street and cul-de-sac improvements up to, and including,
the southerly limits of the project site. The church will not be using the southerly
extension of Vista View Drive into the residential neighborhood because the
church site does not have legal access to this section of Vista View Drive The
applicant is required to install a sidewalk along Vista View Drive frontage in
preparation offuture sidewalk access to Pbway Road. Therefore, the proposed
project is found to be consistent with the Circulation Element of the General Plan.
G The religious facility is allowable on land zoned AGC zone and RR-C zone 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
. 22:592 .
Resolution No P-04-46
Page 3
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 that the proposed religious facility is located on a previously
disturbed site and has been desiglleq 1'0 avoid affecting natural resources
significantly The church development will 'maintain a minimum 20-foot setback
: - ~. . -
from a drainC!ge channel. The use involves no hazardous materials or
processes. Therefore, there will not be significant harmful effects upon
environmentalqualityand natural resources.
I. There are no other relevant negative irnpacts ofthe 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,
safety or welfare, or materially injurious to properties or improvements in the
vici!1ity nor be contrary to the adopted General Plan.
K. The proposed conditional. use will corn ply with each of the applicable provisions
of Section 1748070 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 02-12 to construct a 2,750-square-foot religious facility
at the property located 13125 Vista View Drive within the,AGC zone of the Poway Road
Specific Plan area and the RR:Czone, are made as follows:
A. The religious facility has been designed to c()mply with the develoP!1lent
standards of the PowayGeneral Plan and Municipal Code and the Poway Road
Specific Plan. The colors and materials used in the construction of the facility are
compatible with the surrounding development. The building will be setback 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 building has been designed to complywith the development standards of the
Poway General Plan and Municipal Code and the .poway Road Specific Plan.
The building will be in character with existing development in the area in that it
incorporates a barn/ranch architectural style called for in the Poway Road
Specific Plan and consistent with the architecture of the neighboring hotel. The
building is onecstory, similar to the homes in surrounding neighborhoods.
Therefore, the proposed development does not conflict with the orderly and
harmonious appearance of structures and property within the City along with
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Resolution No. P-04-46
Page 4
associated facilities, such as, but not limited to, signs, landscaping, parking areas
and streets.
C There are public fa(;ilities,servicesand utilities available. No significant traffic
impacts will occur with "this developrnent Jheprbjectwill 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 building is designed to be consistent in design with surrounding
development. Therefor~,. 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 t~levantcodes and standards of the City of Poway The
building is concentrated on the northern limits of the site away from surrounding
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.
F_ The proposedprojed will comply with all of the provisions of the Zoning
Ordinance, and the General Plan.
Section 4. The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code, to approve Variance 03-13 to allowa 2:750-square-foot religious facility
at the propertylocated 13125 Vista View Drive to rnaintain a maximum 8-foot side-yard
setback rather than the recjl.lired 10-foot setback for the Automotive General'
Commercial (AGC) zone, as shown on the site plan dated March 25, 2004, are made as
follows:
A. That there are special circumstances applicableto'the property and because of
this the strict applicatiQn ofthe Zoning Code deprives the property of privileges
enjoyed by other properties in the vicinity with the identical zoning classification.
The special circumstances include the fact the developable portion of the subject
lot is impacted by two 10-foot-wide access easements extending the length of the
property In addition, the subject .lot is being developed together with a parcel to
the south that is impacted by a drainage channel; and,
B Granting the Variance' is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought because the
addition will allowarcnitectural articulation in the building design and will avoid
impacting the access easement that traverses the middle of the site running from
west to east. The Variance also allows the buffer width between the required on-
"
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Resolution No. P-04-46
Page 5
site parking and the drainage channel on the south side of the property to be
optimized; and,
C Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed building would be located
adjacent. to the neighboring .hotel parking.l6t an'd optimizes the building setback
to adjacent residential properties; and,
0 Granting the Variance does not constitutE!. a'special privilege that is inconsistent
with the limitation upon other properties 'in the vicinity and zone in that the
existing building on the site to be rernoved cUrrenjly encroaches approximately 2
feet into the required fO-foot side-yard setback; which is the same proposed
encroachment of the new building, and,
E. Granting the Variance would not allow a use .or activity not otherwise expressly
authorized by the AGe zone because a chUrch is a permitted use with a
Conditional Use Permit; and
F That the proposed Va~iance will be compatible with the City's General Plan
because the use is permitted with a Conditional Use Permit and does not result
in a density increase.
Section 5: Pursuant to Government Code Section 66020, the public improvements
for Conditional Use Permit 02-08, Development Review02~12, and Variance 03-13 are
made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway. General Plan, as well as, City ordinances, because'all
necessary services and facilities are available or will be constructed to serve this
project. The following improvements and payment of fees are necessary as a
result of the proposed development to protect the public health, safety and
welfare:
1 On-site and off-site drainage improvelTlents are in place or will be
constructed to handle the surface water runoff.
2. Fire hydrants are in place and one new fire hydrant will be constructed to
serve the developrnent and provide fire protection.
3. A sidewalk will be installed to provide future linkage between the site and
the sidewalks along Poway Road.
4 Water and sewer fees will be paid, which are assessed on a pro~rata basis
to finance and provide public infrastructure 'improvements. Improvements
," . 22,595 .
Resolution No. P-04-46
Page 6
will be made as needed to provide adequate water and sewer service to
the development.
Section 6. The City Council hereby approves CUP 02-08, DR 02-12, VAR 03-13 to
construct a 2,750-square-foot religious facility at the property located at 13125 Vista
View Drive within the Automo~ive General Commercial (AGC) zone of the Poway Road
Specific Plan area and the Rural Residential C (RR~C) zone and to allow the new
building to maintain an a-foot . side-yard setback a!9ng the north property line where a
10-foot side-yard setback, is required as shown on the plans dated March 25, 2004,
subject to the following conditions:
A. Approval of this CUP/DRlVAR request shall apply'only to the subject project and
shall not waive compliance with all sections ofthe Z6,ning Ordinance and all other
....- . ',.,.
applicable City ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of the date of this approval: (1) the applicant shall submit in
writing that all conditic>ns of approval have been. read and understood; and, (2)
the property owners shall execute a Covenant on 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.
0 The conditions of CUP 02~08, DR 02-12, VAR 03-13 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. CUP 02-08, and any revision thereto, 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 been raised
during the prior year
F Prior to obtaining a Grading Permit, unless other timing is indicated, the applicant
shall:
Engineering:
1 Submit to the City for review and approval of precise grading plans,
erosion control plan, stormwater pollution prevention plan, Grading Permit
application and geotechnical/geological report/s to the Development
Services Department.
2_ The grading shall include the following to the, satisfaction of the Director of
Development Services.
. 22596 .
Resolution No. P-04-46
Page 7
a. All new'slopes with a maximurn 2:1 (horizontal to vertical) slope.
Tops and toes of ,graded slopes shall be shown with a rninimum
five- foot setback' from open space areas and property lines.
Buildings shall be. located at least five feet .from tops and toes of
slopes, unless waived by thEl Planning Divisioh and/or Engineering
Division prior to issuance of a grading permit.
b. Driveways, in compliance with the specifications provided in
Section 17:08.1700 of the poway MuniCipal Code, and including
minimum structural sections together with their elevations and
grades.
c. Structural'sections oftheparkihg lot.
d. Elevations of curbs, gutters, and parking areas to demonstrate site
drainage.
e Miscellaneous site demolition, and new construction.
f Water and sewer connections to the proposed church building.
g. A separate erosion control plan for prevention of sediment run-off
du ring construction.
h. All utilities (proposed and existing), together with their
appurtehan_c;es and associated easements.. Encroachrilents are not
permitted upon any easement without an approved encroachment
agreemenVpermit.
i. Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City prior to
any installation work.
J. The grading plan shall demonstrate the elevation of the finish floor
of the building is located at least one 'foot above the FEMA 100-
year flood elevation.
3. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
4 A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands. Said
. 22597 .
Resolution No. P-04-46
Page 8
system shall include all easements required to properly handle the
drainage Concentrated flows across driveways are not permitted.
5. The grading pe'rmit application "helll include plans and specifications that
demonstrate the project's compliance with the City's Standard Urban
Stormwater Mitigation Plan ordinance.
6 The grading plan set shall include an improvement plan for the installation
of curb, gutter, and sidewalk along the frontage of the subject parcel on
the private street known as Vista View Drive.
1 Grading securities in the form of a performance bond and a cash deposit,
or a letter of credit shall be posted with the City prior to grading plan
approval. A minimum of $2,000 cash security deposit is required.
8 The applicant shall. attend a pre~construction meeting, at which time they
shall present an Action Plan that identifies .measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines:
a. Provide an. on-site desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover aWflat areas with approved mulch.
c. Install an earthen or gravel bag benD that retains 3 inches of water
over all disturbed areas prior to discharge, effectively creating a
desiltation basin from the pad
9 The applicant shall record an Irrevocable Offer of public right of way
dedication for the portion of Vista View Drive fronting the subject parcels.
Planning:
1 The grading plans shall show the following:
a. The locations and sizes of all utility boxes and vaults within street
rights~of~way and/or City easements shall be shown on the grading
plans. Any utility box greater them 36 inches in width, height, and/or
length shall be screened by landscaping.
b. A 6-foot-high wood fence along the east property line starting from
the northeast corner to 30 feet south of the southern limits of the
parking lot to the satisfaction of the Development Services Director.
" . 22598 .
Resolution No P-04-46
Page 9
2_ The ?pplicant shall consult with the California Department of Fish and
Game and the California Regional Water Quality Control Board to
determine whether 'the proposed project would require a 1603 Streambed
Alteration Agreement from the Califorriia Department of Fish and Game
and a 401 Certification from the California Regional Water Quality Control
Board.
3. Subrnit a Tree Removal Permit! application to the Planning Division for
review and approval by the Director 'of Development Services. The
. .
application shallcohtain 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 arid Zoning Code to the satisfaction of the Director of
Development Services.
4 The applicant shall retain a qualified archaeologist to perform
archeological monitoring during the grading process of excavating for the
utilities and building footings involving 'native soil. Should such monitoring
discover cultural resources, the archeologist would have the authority to
halt activities and perform a suitable evaluation. This would be followed
by the incorporation of any necessary measures to document, relocate,
and/or preserve', the resources. The archaeologist shall provide weekly
written reports' and a final report of its findings to the Planning Division.
The archaeologist shall attend the pre-construction meeting.
G The applicant shall obtain. a Building Permit prior to installation of the facility.
Prior to issuance of a Building Permit, theapplicarit shall comply with the
following:
Engineering:
1 The site shall be developed in accordance with the approved site plans
and conditions of approval on file in the Developrneht Services
Department and the conditions conta'ined herein. Grading shall be in
accordance with the City Grading Ordinance, the approved grading plan,
the approved soils report, and grading practices acceptable to the City_
2. Erosion eoritrol, including, but not .limited to, desiltation basins, shall be
installed and maintained by the developer throughout construction of the
project.
3 Construction staking is to be installed by the owner and inspected by the
Engineering Inspector prior to any clearing, grubbing, or grading. As a
minimum, all protected areas as shown on the project plans are to be
, . 22599 .
Resolution No. P-04-46
Page 10
staked by a licensed 'surveyor and delineated with. lathe and ribbon. A
written certificatiqn from the engineer of work or a licensed surveyor shall
be provided to the Engineering Inspector stating that all protected areas
are staked in accordance with the approved project plans_
4 Rough grading shall be completed and meet the approval of the City
inspector and shalHnclude submittal ofthe following:
a. A certification of line and grade, prepared by the engineer of work.
b_ A final soil compaction report .for review and approval by the City
5. Prior to delivery of combustible building materials, onsite water systems
shall satisfactorily pass all required tests arid be fully operational.
6 The applicant shall obtain a City Rightcof-Way permit and install a fire
hydrant on Vista View Drive in a location determined by the Fire Marshal.
7 The followirm dflyelopment fees shall be paid to the Engineering Division.
The following 'fee amount is currently' in effect and is subject to change
The applicaht shall pay the amount in effectatthe time cif Building Permit
issuance.
Water
If a 1" meter is.required due to fire sprinklers, a fee of $140 shall be paid
to the City to increase the meter size from 0/.'; to 1" Otherwise, if a 1"
meter is required, .the applicant shall also pay.a $1,202 San Diego Cciul1ty
Water Authority capacity charge. The fee shall be provided by separate
check, payable to San Diego County Water Authority and remitted through
the Engineering Division of the City of Poway
Sewer
14 new plumbing fixtures are proposed .forthe church facility
(1 EDU/4 fixtures) (14 fixtures) = 3.5 Equivalent Dwelling Units (EDU's)
(3.5 EDU's - 1 EDU credit) ($2,356/EDU) = $5,890
Traffic Mitigation NA
Park NA
Drainage $500 for SUSMP review
, . 22600 .
Resolution No. P-04-46
Page 11
8. Prior to installation or construction of any.imptovell1ents within City-held
easements or right-of-way, a .Right-of-Way permit shall be obtained from
the Engineering' Division ofthe Qevelopment Services Department. All
appropriate fees shall be paid priorto permit issuance.
Planning:
1 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 thetill1e of Building Permit issuance.
2. The applicant shall obtain necessary permits from San Diego County
Environmental Health Department.
3 The building plans shall be in accordance with the approved plans for
CUP 02-08, DR 02"12, and VAR 03-13 dated March 24, 2004, and on file
in the Development Services Department, along with the conditions
contained herein_
4 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,ang designed such that they reflect light downward
and away from streets and adjoining properties pursuant to Poway
Municipal Code Section 1708.220.L. Parking lot lights shall be on
automatic timers to the satisfaction of the Director of Development
Services.
5. The building plans shall include elevations anCl cross sections that show
all roof appurtenances, including air conditioning, architecturally
integrated, screened. frorn view, and sound buffered from adjacent
properties and streets, to the satisfaction of the Director of Development
Services.
6 Complete, landscape construction documents for new landscaping. A
Ia.ndscape plan check fee deposit is. required upon submittal of the plans.
Plans shall De prepared in accordance with the City of Poway Guide to
Landscape Requirements (latest edition) and shall also incorporate the
following:
a. Mitigation per the conditions of approval of the required Tree
Removal Permit.
b. A dense hedge along the south boundary of the parking lot.
.' . 22601 .
Resolution No. P-04-46
Page 12
c. The area between the parking lot and the drainage channel shall be
landscaped with 'native plants that are appropriate to the existing
wetland habitat ancl tHa(.provide visual screening of the parking lot
when viewed from neighboring residential property to the south and
east.
7 The trash enClosure shall have solid gates and be c()nstructed with
decorative block; The trash enclosure shall not exceed 6 feet in height.
8, A materials and color boarddernonstrating consistency with the
architectural vernacular of the Automotive General Commercial zone of
the Poway Road Specific Plan shall be submitted for review and approval.
9. In the event thgt either of the three parcels- upon which the church is
located pursuarit to this Conditional Use Permit 02-08, Development
Review 02c13. arid Variance 03-13 come uriderseparate ownership, and
one of the ownerships wishes to terminate the use on its parcel, the
prop('lrty owner(s) shall request a public hearing prior to termination of the
use for modification or revocation of Conditional Use Permit 02-08. If it is
the desire of the property owner to terminate the use, this CUP shall be
revoked by the CityCouncil in its entirety, prior to termination of the use.
The property owner may request approval of a modification to the
Conditional Use Permit to allow the faciHty to remain on one of the lots.
Such modification shall be subject to a public hearing and City Council
approval or'a facility on one of the parcels prior to cessation of the facility
on the other parc~li;. The applicant shall sign a Declaration of Restriction
to be recorded at'the'Courity Recorder's Office, at the applicants expense,
that specifies the following:
a. A permit revocation request from an owner of any of tne three
parcels would resultin the permit beillg revoked on all three parcels
unless a modification to the Conditional Use Permit is approved
and implemented prior to either the sale of, or the cessation of the
use on one of the parcels.
b. The parking lot on the RR-C zoned property with the Assessor's
Parcel Number 323-261-07 is only permitted if associated with a
permitted use or a use that is permitted with a Conditional Use
Permit under the RR-C zoning designation.
The form and content of said Declaration of Restriction shall be to the
satisfaction of the City Attorney
" . 22602 .
Resolution No P-04-46.
Page 13
Building:
1 The construction of the building shall comply with the 1997 Uniform
Building Code and Title 24 of the California Code of Regulations
H. Prior to obtaining a final inspection on the Building Permits and/or release of
performance and payment securities, the applicant shall comply with the
following unless other tirning is indicated:
Engineering:
1 Driveways, sidewalk, drainage facilities, slope landscaping and protection
measures, utilities~ and parking lot paving shall be constructed, completed,
and inspected by lheEngineering Inspector
2. The applicant/developer shall dedicate a water line easement to the City,
a minimum of20 00 feet wide for the new fire hydrant in Vista View Drive
The City processing fee for the easement is $1,000
3. An adequatedrafnage system for the church capable of handling and
disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector
4 All new and exi~ting electrical/communication/CATV utilities shall be
installed underground. The applicant/developer is responsible for
complying with .the .requirements of this condition, and shall make the
necessary arrangernents with each of the serving utilities.
5 Record drawings of the grading plans, signed by the engineer of work,
shall be submitted to Oeveloprnent Services Department prior to a request
of occupancy, per section 16.52.130B of the grading ordinance. Record
drawings shali be submitted in a rnanner to allow the City adequate time
for review and approval prior to issuance of occupancy and release of
grading securities.
Planning:
1 The site shall be developed in accordance with the approved plan on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City Departments will be
required.
I The applicant" shall comply with the following requirements to the satisfaction of
the Director of Safety Services:
.' . 22803 .
Resolution No P-04-46
Page 14
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 the numeric address in a manner visible from
the access street. The building numbers shall be six inches in height and
located 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 meetirig Sheriffs 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
apparatus having a minimum of 13'6" of vertical clearance. The road
surface type shall be approved by the City'Engineer, pursuant to the City
of Poway Municipal Code.
4 Fire Department 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.
5 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~
6 A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
7 Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
8. Minimum 3A:40BC 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 riot be installed until all other
construction activity has been substantially completed to the satisfaction of
the City
" , . 22604 .
Resolution No. P-04-46
Page 15
J. Upon (lstablishmerit 6fthe religious facility, pursuaht to CUP 02-08, DR 02-12
and VAR03-13, the follciwing shc:i11 apply'
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:
a. Parking lot lights shall be on automatictirners.
b. All parking IQt 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 lightil1g 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 rnanner as to minimize any
possible disruption caused by noise, and shall comply with the noise
standards contained in Chapter 8 08 of the Poway Ml:micipal Code. At no
time shall equipment noise from any source exceed the noise standards
contained in the Poway Municipal Code. No loudspeaker sound
amplification syst~rri 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.
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 standards set forth in this permit.
. ,II: . . 22605 .
Resolution No P-04- 46
Page 16
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 accordarice with the requirernents 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 prote~t tli.~ public safety Trees should be
trimmed or pruned as needed to develop strong and healthy trunk and
branch systems'. tree' rnaintenance 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.
8. The parking areas, driveways and landscape areas shall be well
maintained.
9 Any signs proposed for this development shall be designed and approved
in conformance with the Poway Municipal Code and require the approval
of a separate SighPermit.
Section 7. The approval of CUP 02-08" DR 02-12, and VAR 03-13 to construct a
2,750-square-foot religious'facility at the property located:at13125 Vista View Drive and
to allow the new. building to maintain an 8-foot side~yard setback shall expire on June
29, 2006, at 5:00 p.rn. unless, prior to that time, a Building Permit has been issued and
construction on the propertyiri reliance on the CUP 'approval has commenced prior to
its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 29th day of June 2004
ATTEST
(
. ,I ,. . 22606 .
Resolution No P-04-46
Page 17
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
J, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No, P-04-46 , was duly adopted
by the City Council at a meeting of said City Council held on the 29th day of June 2004,
and that it was so adopted by the following vote:
AYES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN: NONE
ABSENT NONE
Jea e Bunch, Interim City Clerk
Cit of Poway
,,- \,." ) ~ . 2260tj .
EXHIBIT A
MITIGATION MONITORING PROGRAM FOR
CONDITIONAL USE PERMIT 02-08
DEVELOPMENT REVIEW 02-12
VARIANCE 03-13
Section 21081 6 of the Public Resources Code requires that public agencies "adopt a reporting
, or monitoring program for the changes which it has adopted or made a condition of project
approval in order to mitigate or avoid significant effects on the environment. The reporting or
monitoring program shall be designated to ensure compliance during project implementation,"
This mitigation monitoring program has been prepared in accordance with Section 21081 6 of
the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated monitor,
shall result in issuance of a cease and desist order for all construction activities. The order shall
remain in effect until compliance is assured. Non-compliance situations, which may occur
subsequent to project construction, will be addressed on a case-by-case basis and may be
subject to penalties according to the City of Poway Municipal Code When phasing of
development has been established, it may be necessary for this Monitoring Program to be
amended, with City approval.
Topic Miti~ation Measure Timin~ Responsibilitv
Aesthetics Submit a Tree Removal Permit At grading plan submittal. Applicant
application to the Planning Division for
review and approval by the Director of
Development Services. 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 Poway's Guide to landscaped
Requirements and Zoning Code to the
satisfaction of the Director of
Development Services.
Archeaology a, Provide archeological monitoring Prior to issuance of a Applicant
during the grading process involving grading permit.
native soil. The archeology monitoring
staff shall attend preconstruction meeting.
b. Should such monitoring discover During grading activities Applicant
cultural resources, the archeologist would
have the authority to halt activities and
perform a suitable evaluation. This would
be followed by the incorporation of any
necessary measures to document,
relocate, and/or preserve the resources.
Mandatory Complete the steps as outlined in the As outlined in the Applicant
Findings of Aesthetics and Archaeology Sections Archaeological and
Significance above Aesthetics Sections
above.
m:lplanningI04reportlcupI02-08 vietnamese churchlmitigation agreement final.doc