Covenant Regarding Real Property 2001-0306481
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DOC . 2001...0306481
RECORDING REQUEST BY
MAY 15. 2001 8':25
OFFICIAL REaJRDS
SANDIEGO;COUNTV REcoRDER'S OFfICE
GREGORY J,SMlTH, COUNTY REaJRDER
FEES: 37.00
~IIIIIIIII/~ 1IIIIIIIt IIIIIIII~ 11111 ~I~ 1111111111111111111111111111-
2001-0306481
(This space.for Recorder's Use)
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4428'
CITY OF'POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF"POWAY
P 0; BOX'789
POWAY CA 92074-0789
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Turning Point United Pentecostal Church, a California non-profit Corporation, PROPERTY
OWNER ("OWNER" hereinafter), is the owner of real property ("PROPERTY" hereinafter),
commonly known as Assessor'sParcel Number317 "152-02 aQo more particularly described in
Exhibit "A", which is attached 'hereto and made apart hereof
lri'consideration of the. approval of a modification to ConditionaL UsePermit (CUP)80"15M, a
requesUo allow the installation ofa'2;880-square-foot modul,Cir buildil;1g adjacentto an ~xisting
church approximately4,800squaref,eetin area on PROPERTY,by the City of Poway ("CITY"
hereinafter), OWNER herebY agrees to abide by conditionsofthe attached resolution (Exhibit
"B").
This Covenant shall run with the land and be binding, upon and inure to the benefit of the
future owners, encumbrancers, successors, heirs, personal representatives, transferees and
assigns ofthe respective parties.
In the event that CUP 80"15M expires or is rescinded by City Council, CITY shall
expunge this Covenant from the'record title of PROPERTY
In the event of'litigation to,eriforcethe provisions of this Coveriant, the prevailing party
shall be entitled to full reimbursemeritofall costs, including reasonable attorneys'fees,fromthe
other party
fQj,)/ &,.y",'ev 2.
OI/l{NER:
fi1:'ch.tel Pt7orfsJey_
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Dated:
By'
l~n;<\':l \=t",,+ U",-leO VJ-ei)ft:.<.o5ln(4'.Jotarize) Ch,,~
CITY OFPOWAY
Dated:
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By' ~'
Niall Fritz, Directo
ent Services
@ri\2i:> ,/ Cop\.{
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,EXHIBIT A
Legal Descfiption
The land referred to in this policy is situated in the County of
State of California, and is described as follows:
San Di~gb, 'C~ty of Po way I
That portion of the Southwest "Quarter of Section 14 and the Nor~~~est Quarter
9f Section 23, Township ,14 ~outh~ Range 2 West, San Bernardino Mer~dian, in
the City of Poway, County of San -Diego, State of California, accordirig to
Official plat thereof, described as follows
Beginning at the Northwest 'corner of said SectioIl 23,; L"lence South 0026 "05"
East - record Squth 0030' East ~ along the West line thereof 48 00 feet to the
TRUE POINT OF BEGINNING; thence North 55040'10" East, 166 08 feet; thence
North 55001!05/1 East 173.40 feeti thence North 28004'~40" East', 101 60 feet to
a point in the cent.er line of the 40 00 foot Co~~ty Road, being also a point
in the Northerly line of' t'he land descri.:led in Deed .to Joh..'1 Lawson, recorded
Decembe" 8, 1915 in Book 701, Page 117 of Deeds; thence South 68053'10" East,
record South 68020' - along 'said center line and ?_aid Northerly line 147 82
feet -to ~ po~nt distant thereon South 680S3'lO" ~ast SOl 91 feet from the West
li~ne of said Section. '14; thence South 50005/30" West 135 75 feet: thence Soutr.
0042 '10" West to a .point. iri the SO"utherly line o~ sa~'d i.oawson' Land; thence
Westerly along said Southe"ly line to the Westerly line of said Section 23;
then.ce a~ong said Westerly line, North 0026'05'11 Wes't 205 60 f.eet to the TRUE
POINT OF BEGINNING
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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: State of califorSnia Ar-.J J) I r:: /'-:!Q } ss, ~
County of J:.-<...:-
51-:t--/o I
Date
ISIt
On
personally appeared P 4 \.U.......
o personally known to me
o proved to me on the basis of satisfactory
evidence
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...... ... ... ..... ... ... .... .... ... ... .... "^ .... f
.... LISA M. PARRY ,.
o ~. COMM.#1211081::::"
G ~ : NOTARY PUBllC.CALlFO~NIA G)
~ SAN DIEGO COUNTY 0
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to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Above
Signature 01 Not ry
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 Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - Tille(s):
D Partner - D Limited D General
D AlIorney in Fact
o Trustee
D Guardian or Conservator
D Other'
RIGHT THUMBPRINT
OF SIGNER '
TOp of thumb here
Signer Is Representing:
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e 1999 National Notary Association. 9350 00 Soto Ave.. P.O. Box 2402. ChalSWO<th, CA 91313-2402. wwwnalionalnotaryorg
Prod No. 5907
Reoroor; Call Toll Frool800-B7&6827
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Exhibi:i4.3 t
RESOLUTION NO P- 01-19
ARESOLUTioN OF THE CITYCOUNCIL '
OF THE CITY OF POWAY; Ct>.UFORNIA APPROVING
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AfIv10DIFICATION TO CONDITIONAL USE PERMIT 80-15,
APPROVING DEVELOPMENT REVIEWOO-26 AND
RESCINDING THE DECISI0NTO APPROVE
MAJOR USE PERMIT 80-15 DATEDJUL Y 9, 1980
ASSESSOR'S PARCEL NUMBER 3~ 7: 152-02
WHEREAS, on July 9" 1980 the County of San Diego Board of Superyisors
approved Major (Conditional) USE! Permit 80-15 for a church facility consisting of a
sanctuary with a maximum pf 420 seats,and an auxiliary building with offices and
classrooms, and one.20-square-foot sign as well asan Elxemption to allow a 20-square-foot
sigll to be located 30 feet from the centerline of Oak Knoll Road and parking within the
.front yard .setback; and
WHEREAS, on Fe):>~uary 23, 1982, the City Council ofthe City of Poway approved a
minor modification to the July 9,,1980 approved site, plan to accommodate plot plan
adjustments to allow the parking lotbnly to be located withinthe'f1oodway of Poway Creek;
and
WHEREAS, a modification to Conditional Use Permit 80-15 and Development
R~view 00"26 was submitted by RandyRolfsen to allow installation of a 2,880csquare-foot
modular building to conduct classes and meetings in cO[1juhcticin with an existing legally
established church use located at 12269 Oak Knoll Road within the:RS-1 zone: and
WHEREAS, on May 1, ,2001, the City Council held aduly advertised public hearing
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 fi~ds that Conditional Use Permit 80-15M/DR 00-26 is
Categorically Exempt from the provisions of theCalifbrnia Environmental Quality Act,
pursuanfto Section' 15303(c) of CEQA, Class' 3 Exemption, as itis involves a structure of
less than 10,000 square feet on a site zoned for the use, a'nd does not involve hazardous
materials.
Section 2: The findings, in accordance with Section 17 48.070 of the Poway Municipal
Code for the modification to Conditional Use Permit 80" 15to install a modular building to
conduct"c1asses and meetings accessory to an existing legally established church use
located at 12269 Oak Knoll Road'in the RS-1 zone, are made as follows:
A. The existing church has occupied the site since 1982' and the modification to add
the modular building will allow activities that are accessory to the primary church
use of the site. The size and design ofth-e facility is appropriate for the use and
location and is a permitted use in the RS-1 zone, with the approval of modification to
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Resolution No p- 01-19
Page 2
the Conditional Use Permit. Therefore;,th.e proposedlocatioQ, size, design and
operafing characteristics of the modular building ill conjunction wit Ii the established
church use are in accord ""ith the title :and purpose of Section 17 48 070 of the
PowayJVlunicipal Code, the purpose of the zoheinwhich the site is located, the City
General Plan, and the development policies ,and star:ldards of the City
B The modular buildingwill..enhance the existing development on the property and is
appropriate as an accessory building to theprimary'sanctuary on the site as,well as
being'consistentor superibdosurrounding developme:ht. The facility will meet City
of Powaystandardsfor parking Therefore, the location, size, design and operating
characteristics of the proposeq use will be compatible with and will not adversely
Cj,ffector be materially detrimental to adjacentuses', residents, buildings, structures,
or natural resources.
C The, modular building will occupy less than 3%,oHhe,site and will be accessory to
the establish~d church. The modular buildihgwillmeet or exceed standards for
scale, coverage anddensjty Therefore, the harmonyih scale, bulk"coverage and
density of the project is;consistent with adjacent' uses.
D There are public facilities, services and utilities:available to the site.
E. The modular building will be located adjacenUo the existing sanctuary and in the
center of the 2.79-acre;property and will not' be noticeable from most neighbwing
properties. Intervening: natural vegetation Will screen the building from the
residential property The building will utilize colors and materials in keepingwith the
main building,. the sanctuary Therefore, there will be no 'harmful effect upon
desirable neighborhljod characteristics.
F The modular buildingwill allow c1asses,andmeetings to;occur thatare'accessory to
the existing church, will not iilcrease attehdance, and will result in no increase in
'traffic. Therefore, thecapC!titY ahd physical character of surrounding streets will not
be impacted and the project is consistent with tlie circulation element of the General
Plan
G The modular building is alloW?ble in the zone,. and is ,small in area compared'with
the"overall property and the existing sanctuary... Therefore, the site is suitable for
proposed accessory building and uses that.are proposed.
H. The use involves no hazardous material~ or processes nor does it significantly
affeCt Natural resources, asitwill not affect the acijacent creek. Therefore, there will
notbe significant harmful effects upon environmental quality and natural resources.
There are no other relevant negative impacts of the proposed use that cannot be
mitigated.
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Resolution No p- 01-19
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J The irilpai:;ts: as described~bove, and ,the prol?osed location, size, design and
operating characteristics of the proposed us'e and 'the conditions under which it
would be'operatedor maint~inedwill notbe,detrimentai to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity nor be
contrary to the adopted General Plan, and
K. That the proposed conditional use will comply with each of the applicable provisions
of Section 17 48.0700fthePoway Municipal Code to:the extent feasible since itis a
legal nonconforming use with regard to current development standards.
Section 3. 1hefindings, in acc6raa:l1cewith Section 17.52'ofthePowayMunicipal Code
for Development Review 00-26 to install a modular building for classes and meetings at
12269 QakKnoll Road in the RS-1 zone, are made as'follows:
A. The modular building will ,be built on a previously created pad and will not alter the
existing pad area-or height. Therefore, the buildingTespects the interdependence of
land values'and aesthetics to the benefit ofthe City.
B. The modular buHding is in character with existing development in the area and will
notnegatively affecttheviewsofadjacent property owners. The proposal does,not
otherwise affect the boundaries of the lot or the design of the streets. Therefore,
the proposed usedoesnot~conflict with the orderly alld harmonious appear,ance'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 increase in traffic
volumes will occurwiththis,development. The project wilL otherwise conform to all
City ordinances. Therefore; the proposed project does not detract from the
mainte,nance of the public health, safety and general welfare, and property
throughoutthe;City
D Th@ m()du,lar buildipg is designed to minimize impacts on the surrounding
commLihity'by beihg located,away'from the, street and adjacent properties. It wilL be
required to utilize,a mansard r(Jofdeslgn that will echo the' shingle materials ofthe
main structure. Therefo!e, the proposed developmenrrespects the public concerns
for the aesthetics,of developments.
E. The proposed project will meet the required design regulations'and will otherwise
comply with all of the relevant codes; and 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.
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Resolution No P- 01-19
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F The proposed project will complywith!allofthe provisions o{tM Zoning Ordinance
and the'General Plan.
Section 4. Pursuant to Government Code Section'66020, the public improvements for
this'Modification to Conditional U,se Permit 08-15 and Development Review 00-26 are
made. as follows:
A The aesign 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 to serve this project. The payment of
sewer fees is heeded as"a resl:Jltof the proposed developmenUo protect the public
health; safety and welfare as identified below'
1 The project requires payment of sewer fees, which are assessed on,a pro-rata
basis to finance and provide public infrastructu-re improvements, which promote
a safe and healthy environment for the resiclents of the City
Section 5: The Decision issued by,the'County of San Diego Board of Supervisors dated
July 9,1980, approving MajoYUse Permit 80-015 for 12269' Oak Knoll Road isrescihded.
Section 6. The City Council h~rebY;approves a.modification to Conditional Use Permit
80-15 and Development Review Permit 00-26 to install a 2:,880-square-foot modular
building and to maintain the existing 4;800-square-foot, 177 -fixed-seat sanctuary building,
at an existing church located at 12269 Oak KnQII Road in the .RS-1 zone, as shown on,the
plans dated May 23, 2000; November 1, 2000; ahd March 11, 2001, subject to the
following conditions:
A. Approval of this Conditional Use Permit 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.
B. Within 30 days 6f,thedateof this approval: (1) the, applicant shall submit in writing
th at'a II conditions of approval have been readand,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 reasoh'able use' and enjoyment of surrounding
commercial uses..
D The conditions of this CUP shall remain in effect for the life of the subject private
school ahd shaH run with the,land and be binding upon future owners, successors,
heirs, ana transferees of the current property owner.
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Resolution No P-01-19
Page 5
E. ConditiolJaf Use Permit 80-15' maybe sUbjC?crtoalJnualreview as determined by the
DirectonJf'De\ielopment'Services for;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 of the building, including but not limited to the
r:lumber,.ofstudents, the hours of operation, or, the number of fixed seats that resultS
in an increase in required.parking,will requirethe,'approval ofa 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 maybe referred to the City Council for a public
hearing.
G The applicant shall obtain a,Bl,Jilding Permit for the modular building priorto its use.
Prior to issuance of a Builaing Permit the applicant shall comply with the following'
1 The building plans shall:be in accordance with the approved plans on file in
the Development :Services Departmeht for CUP 80-15M/DR 00-26,along
with the conditions contained herein.
2. T~e building plans:shalldepict the revised location of the building and the
proposed patiopertt;!esite plan submitted March 11,2001 The limits ofthe
f100dway shall beqepicted on the building plans. No portion of the.structure
shall encroach into the flood way
3. The site plan shall be modified to show the location of a trash enclosure, a
minimum of7 feet deepx 10 feetwide, Said enclosure shall be designed per
EDCOCorporationstandards, have decorative masonry block walls and solid
metal gates painted to match. T~e materials and colors shall be
complimentary to the colors and materials of the existing sanctuary and
modular building.
4 The building elevations shall be revised to show the following'
a. The siding and window trim oUhe-modular unitshall be painted off-white
to match the existing sanctuary All. materials and colors shall be
depicted on the plans, including spec;ificmanufacturer codes.
b. The modular building'shall bedesigr:led with,a mansard roof\(Vith shingles
similar to those of the main sanctuary to the satisfaction of the Director of
Development Services.
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Resolution No P- 01-19
Page 6
5.
Allnewequipmeritappurtenances;;including air condifioners, shall be shown
on the plans and. snail be,architecturallyintegrated"screened frolTi view and
sound buffered from adjacent properties 'and streets as required by the
Director of Development:Services.
6,
Details of any new exterior lighting shall be included on the building plans,
including fixture type and design. All ne""exterior lighting fixtures shall be
low-pressuresodium,and designed such that'they reflect light downward,
and away from street's.andadjoining properties pursuantto Poway Municipal
Code Section 17:08.220.L.
7
Landscaping, 'nclucling shrubs and ground cover along with irrigation, shall
be providedadjacenUothe modular units, to the satisfaction ofthe Director
of Development SerVices. Specific plant,slz:es and species, and general
irrigation design, shal(be depicted on the site plan or an attached separate
landscape plan.
8.
A Sign Permjt ;appllcation and plans sh.all be submitted to the Planning
Divislon.to bringtoe'existing freestanding sign'intoconformancewith current
sign standards. A'$ig'ri Permit shall be issued prior to,issuance ofa Building
Permit. A Building Permit and completion ofthesign shall be accomplished
prior to occupancy of the modular building.
9,
The following development fees shall be paid,to the Engineering Division
The f6110wingfee amounfis currently ilJeff~ct and is subject to change The
applicant shalipay' the amount in effect .at the time of Building Permit
issuance.
Sewer: 4 fixtures == 1 EDU == $2,356 00
10 The:applicaJ;1t shall comply with the latest adopted Uniform Building Code,
National ElectriC Code, and all other 'applicable codes and ordinances in
effect,atthe'tirne ofele'ctricalibuilding perrnit issuance
11 Approval of this request shall not waive compliance:with all sections of the
Zoning Ordinance, and all other applicable City Ordinances in effect atthe
time'ofbuilding permif issuance.
H. Theappiicantshall construct the following i1:nprovements to the satisfaction of the
pirector of Safety: Services:
1 As an educationai occupancy, a fire alarm system i~ required ancl shall be
shown on the building' plans. Contact Fire Department for information
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Resolution No. P-01-i9
Page 7
2.
Fireextinguisherswill be required. Quantity and,location to be determined at
Building Plan Check.
3
If the separation between the modular classroom and the church is less than
10 feet (roofline to roofline), both structures will be required to have a fire
protection sprinkler'system.
Prior to issuance of a Certificate of Occupancy, the applicant shall comply with the
following:
1 The site shall be developed in accordance with the approved plans on file in
theDevelopmentServices Departmentf6r both DR 00-26 and CUP 80-15M,
along with the conditions contained therein/herein. A fihal inspection from
the appropriate City Departments will be required and approval for
occupancy obtained.
2. A freestandihg sign in accordance with~the Sign Permit issued pursuant to
Condition G.8 of this Resolution shall be installed or the current sign
removed.
Section 7, The following performance standards shall apply to the church facility,
including the use of the modular building upon establishment of its use.
A. The use of the Sanctuary shall be limited to the activities and times as follows:
1 Worship service, Suhday 8:00 a.m. to 1'00 p.m.
2. Evening service, Wednesday 6:00 p.m. to 9:00 p.m.
3. Evening service, Saturday 6'00 p.m. to 9'00 p.m.
4. Counseling, Monciay 7'00 p.m. to 9'00 p.m.
5 Office use, Tuesday'8:00 a.m. to 9'00 p.m.
B The use of-the Modular Classrooms shall be limited to the activities and times as
follows:
1 Sunday School Sunday 8'00 a.m. to 1'00 p.m.
2. Nursery Sunday 8:00 a.m. to 1'00 p.m.
3 Adult classes/counseling Tuesday and Thursday 7:00 p.m. to 9'00 p.m.
4 Fellowship Once a week,on Saturday evening or Sunday
afternoons.
C All activities shall occur within the Sanctuary and/or classroom buildings unless
otherwise approved through a Temporary Use Permit issued by the City
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Resolution No P-01-19
Page 9
PASSED"ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, 'this 1 stday of May 2001' .
ATTEST.
STATE OF CALIFORNIA )
),SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City'Clerk.ofthe City of Poway, 'do hereby certify, under the
penalty of perjury, that the'foregolngResolution No. P- 01-t9 ,was duly adopted by the
City Council at a li1eetir;1g ofsaig City Council held on the 1st day of May 2001 , and that it
was so adopted by the following '.'-ote:
AYES. EMERY, GOLDBY, REXFORD
NOES. NONE
ABSTAIN: NONE
ABSENT
HIGGINSON,
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Lori Anne Peoples, City CI
City of Poway
N:\city\planning\01 report\cup\cuB015ni res.doc