Covenant Regarding Real Property 2001-0563660 � � ' �� ��C � ���11-�5� ;b�6�
�- � RECORDING,REQUESLBY: ) AUG O9' a i001 �= 1tS A�''�
CI7Y OF POWAY j OFFICIAL �ECOfiDS
. ,� 5AN DIEGO CC4A�TV REGORDER'S OFFICf.
' WHEN RECORDED MAIL TO: ') GR�GOkY'J. SMITH COIINTY kEC�RDER
� a � � FEES: 61.00
�� � , CITY CLERK )
� 1� CITY OF POWAY )
� P O BOX 789 )
POWAY CA 92074-0789 )
l No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Living- Way Church, a California non-profit Corporation„ PROPERTY OWNER
("OWNER" hereinafter), is 4he ow.ner of real property ("PROPERTY" hereinafter), commonly
known as Assessor's Parcel Number: 314-192-70 and 314-192-72 and more particularly
• described in Exhibit "A", which is attached hereto and made a part hereof.
In consideration of the approval of Conditional Use Permit (CUP) 87-03M(2), a request
to allow (in Phase 1) a new 11,735 square foot sanctuary, and (in Phase 2) a8,460 square foot
addition to the existing main building for a new Preschool and a Bible College, and a 3,552 --
square foot addition to the sanctuary, on PROPERTY, by the City of Poway (°CITY"
` hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit
„
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In the event that CUP 87-03M(2) expires or is rescinded by City Council, CITY shall ,
expunge this Covenant from the record title of PROPERTY.
In the event of litigation to enforce the provisions of this Covenant, the prevailing party
shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the
other party.
OWNER:
Dated: 0 y � I gy: ;'� � `
Dou as Paul Balcom e (Notarize) �
CITY OF POWAY
. ; .
,, ��, r �,, �,� � :
Dated: July 31, 2001 By: ,,.-��-'�-�'" ,w,,---�`;,;;�. - .
Niall Fntz, Director of Developmen�ervices
�
c�P`i BQ�o� , coPN ;9�
�5r�-�y �o�-og�ao3-�� ,l
ol-��Y
CALIFORNIA ALL•PURP� ACKNOWLEDGMENT �
State of l-a�.��n�^-%�
County of � ��i'O-� �
On /T^ Sr'LcO�" H �O before me, G+ v���� �� u- �
p Nama antl Title ol Otlicer (e.g.,'Jane Doe, Notary PuDlic�
personally appeared ��Ld15 pfl gi�LCoM6L — '—" ,
Neme�s� oi Signer(sl
� persorteHy-�ewFrte•me - OR =� roved to me on the basis of satisfactory evidence 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
GURDIA� GILL his/herftheir signature(s) on the�instrument the person(s),
�c . ao or the entity upon behaif of which the person(s) acted,
F ; COMM. q1305216 n
(� m • NOTARVPUBLIC-CA�IFORf11A � executed the instrument.
m � SaNOfEGOCOUNTV p)
My Comm. E+pires June 18.2005
WITNESS my hand and official seal.
�-�(.. =Q -ev�f ��
' Signa�ure of No�ary Pu�lic
OPT/ONAL �
Though the information below is not required by /aw, it may prove valuable to persons re/ying on the document and cou/d pievent
fiaudulent remova/ and reattachment o/ this lorm to another document. i
i1
Description of Attached Document �
Title or Type of Document: �.c>��in h� Q���n-c� "`^ f� K� ��1-u �2i�
p
Document Date: r'Y�^ � �9 �'� d � Number of Pages: �
/
Signer(s) Other Than Named Above: �O "Y L �
Capacity(ies) Claimed by Signer(s) �
Signer's Name: Signer's Name:
l+
❑ Individual ❑ Individual
O Corporate Officer ❑ Corporate Officer �
Title(s): Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator . ❑ Guardian or Conservator .
❑ �ther: Top of [humb here ❑ Othef: ' � Top of thumb here
Signer Is Representing: Signer Is Representing:
N,:.�a.�6 , �
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�,
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O 199a Nalional Notary Associatian • 8276 Remmet Ave_ P.O. BoH "l184 • Canoga Pad, CA 91309-]184 Protl. No. 590T Reortlac Call To14Free 1�800-816-6827
� EXHIBIT A �
• PAFcC�L„ A:
'IHAT �RTION OF 'IHE NORTH F�1L�F OF Tf� NORTHE�,ST QUARTER OF SECTION 12, TCY�ISHIP 14
SOUIfi, RANG� 2 WEST, SAN BEE2�IPSZDII�IO MERIDIAN, IN'IHE Ni.TNI'Y OF SAN DIF�O, STATE OF
CALIFl�RNZA, AC�RDING 'IU � OFFICIAL PLAT Tf�RD�F DESCl2IDID AS FbLLOWS:
BF�II�IISII�G AT A 1�1NP ON Tf� NORTfi LII� OF SFLID NORTHEAST QUARTER DISTANf THERD�N SOUTH
89 19' S0" FAST 330 FEEP FRCt�7 TT� I�RZT�WEST CURI�R OF SAID I�PJRTI-IEA.ST QLL4RTII2; T'F�IC�
SOUPH 0° 26' 00" EAST PARAr,r,�r, WITH THE WEST LINE OF SAID NORTFiE'�.ST QUARTER 647.27
Fr�'I'; Tf�10E SOUS!-I 89° 32' 30" EAST 900 FE�f 'IU A R7INi' IN 'Ii� . C�TTER LINE OF THE
CbUDTPY ROAD DESCRIBID IN DEID 'IU 'I� COUNTY OF SAN DIE�O, RECI�RDID SEPTII�'IBER 30, 1936
IN BOOK 569, PAGE(S) 296 OF OF'FICIAL REQ�RDS AbID FQ�RY+�1 AS RQAD SURVEY N0. 335, 'If�7CE
NORTH 0° 12' 30" WES'T (RECI�RD NORTH 0° 12' 00" EAST) ALfJNG SAID C�7TER LItt� 454.59
FEET TC) THE TRUE R�INT OF HE�II�II�IING; TFIE[QC� C�Ni'IN[TII�7G I�RIH 0° 12' 30" WE.SP ALQNG
SAID C�VTER LINE 87.91 b'E�i' TU T4� BFS;II�II1II�]G OF A TANGIISP 100 FCX7I' RADNS CURVE
CONCAVE SOLn�IEPSTERLY; 'If�(� I�RTFIERLY, bPJRTHEASiERLY, ADID EASTERLY AIAI� SAID CURVE
158.62 FEET Th.'20UGH A C�7TRAL AI�I,E OF 90° 53' 00" Tt� Tf� POIIQI' OF TP.I�INCY, SAID
POINP BEING ALSO A FOINP IN Tf� NOFYTF�RLY LII� OF TFIE AL�OVE MED7I'IOI�D I�R'IS�AST
QUARTII2 OF SECTION 12; T�10E SOUPH 89 13' S0" EAST ALlJNG SAID NURT��RLY LII� 338.51
FEET 'It� THE I�RTHEAST C17RNER OF THAT CERTAIN 'IRACP OF L�AAD CC�IVEYID 'It� C�LAR7,F.G W.
UP.SEY, ET UX, BY DF�9 REQ�RDID MARQ-I 27, 1953 IN BOOK 4799, PAGE(S) 345 OF OF'FICTAT
RECt�RDS JF SAID SAN DIF�O �UNIY; 'I�3IIdC� SOUPH 0° 16' 30" EAST (REQ7RD SOLTI�I 0° 17'
?3" EF1ST) ALpI� 1S-IE EAS'PEFtLY LINE OF SP:ID VASEY LAI�IIJ 182.66 FE�i' TO AN II�7TERSECITON
WITH A LINE BEARII� I�RTH 89° 47' 10" EASI' FRIXN T�IE TRUE �II�TP OF BE�II�VII�G; TAEDK�
SOUI"d 89° 47' 10" WEST 440.22 FE�P 'IU TFIE TRUE FOINP OF BF�ISA�ING.
EXC�:PPL� '?S-�1'EFRQ�4 'PHAT �RTION DESCRIBID P.S EY�L,UJWS :
C�QCING F.T 'IHE SOLTP�7�ST CbRNER OF THE L7aDID DES['RTR�n zy5 ��PARC�L, B" IN A DEID ?c
THE R'�TrZ�Y Qz'URC�I OF CT-�2SST, INC. , REQ�RDID JANCTARy 17, 1967 AS FILF N0. 6605, 0=
OFFICIAL RECURDS, RECI�RDS OF SAID �IIIJI'Y PTID STATE; Tf�TC3 p.LpI� 'Ii-IE SOUIFI LINE OF
SAID PARC�L B SOUIT-I 89° 40' 44" EAST 42.00 FEE,T; TF-1IIIICE pnnnr,r,Fr, y�� � p7EST LZI�IE OF
SAID PARC� B NJRTH 0° 19' '1.6" EAST 232.91 FE�i' TU 'I�iE TFcU�' �INP OF Bh;II�tING, Sp.Lr
KJINI' BE11IS TFIE BE�II�7IDT„ OF A TAIS�lP CUFcVE CbNCAVE Tp TI-� SOUI�IE'AST ADID HAVIt� =.
RP.DNS OF 20.00 FEEP; TfiINCE ApRTHERLY P.AID F��r�ur.y �p� Gpm �7g� �OL�H A C�L
ANGLE OF 77° 50' S1" AN ARC L�E[�IH OF 27.17 F'EEI' Tt� A?�INT ON � CTXVLR�IIIVp C[IRVE
C1�NCAVE 'IC) TT-� SOITIFi �ID HAVL�K', A RADNS OF �49.00 FEEP, A RADIAL LIlVE THI2OL�H Sp_ID
R�INP BEA_RS AY�RTH 11° 49' S3° '+7FST; TI�K� FASTERL,Y AI.pi� S,�ID CV12VE ?HRpT�i A(�IRp,L
AI�L.E OF 13° 03' S1" AN ARC Lu�.T,'IH OF 307.59 FEEI' TO A FO1NP ON A IJ'JN-TP.I�F��7I' LINE; n
RP.DIAL LINE THf20iJGf-I WHIQ-I SEPRS NpRTH 1° 13' S8" EAST; 'I��1� ALpNG SAID NpN-TPS]GENT
P.LLDI� SAID WN-TAI�Gr'�IP LII� A�R'IH 88° 42' 31" WEST 300.96 F'�.T '?t� A POZNI' pN A NON-
'L'SI�IIVT CURVS CT�NCAVE 'IU THE SOUiT�'.AST AI�ID HAV� A RADNS OF 20.00 FEEi', A RADIAS,
LINE T�iI20L�H SAID F�INI' BEPRS .I�RTH 1° 13' 58" EAST; T�IC� SOUITi'h'ES'IERLY ?�ID
SOUI�iERLY �NG T� CURVE TKRO(J3H A(�3VIgAI, p,I�7,E OF 90° 54' d2" AN ?RC LII�IH OF
31.73 b'EEI'; T'HE�'VC� PAanr,r.Fr WI'IZ-I 'Ii3E WEST LINE OF SAID PARCQ� B, SOUi�: 0° 19' 16" EPST
34.68 FEEE,I' TO T.-IE TRUE FpINI' OF BEGII�TII`�.
--- �.
�.s........._....... _ . .. ... __... _.
r.vtc�.c�� ts:
Ti-�T �RTION OF THJ NpRTH OF 'I�IE NORTHE�$T QITARTER � SECTION 12 , It�WNSHIp Zg
' SOUTH, RAI�E 2 WEST, SAN �vRDIIQO I�RIDIAN, IN TTiE �UNPY OF SAN DIEGO, STATE OF.
' CALIF�RN�A, ACC�RDIII� 'IU '?I�E OFFICIAL PLAT 'I��RmF, DESC�2IDID PS EL�LT�Yr]S :
�II�II� �1T A E�INT' �N 'IfL NORTH LII� OF SAID NORTHEAST QLF�RTER DISL=_NP T'r��I SOiTi°:
89° 19' S0" EAST 30 E'EET FRQ�1 T'HE NpRTFE^7gST C1�RNER OF SAID NORT�-IEAS'T Q TLARTER; Z�iII�*�.
SOUIH 0° 26' 00" EAST PAUAT,rFr, ���T LINE OF SAID DK)RTHFAST QLARTER 647.27
F'EEI'; 1�iII�7� SOUI'H 89° 32' 30" EAST 900 FEEP 'IO A F17INT IN THE C�UI'E�2 LINE OF Tf�
Q�LIIQTY ROAD DESCRIBID IN DEID =U T'HE CC�iJI�TIy OF SAN DID�O, REQ�RDID SEPI�II2 30, 1936,
IN'EOpK 569, P�(S) 296 OF OF='ICIAL RELI�RDS ADID FQ�7 p,S ROAD S[IRVEy Tp,. 335, Z�7�
NORTH 0° 12' S0" N7EST (REC_bRD NpRTH 0° 12' 00" WE�P) AIIJNG SAm (�, LINE 304.5°
FEEI' Tt� T�IE TRLTE FOINT OF BF�=,^IISIIVG; T�10E C.lUNTINUII�G NORTi? 0° 12' 30" WEST AL�NG
SF1ID C�7PE.R LIIQE 150.00 FESi'; TI�I(� NpFtTH gg� 47' 10" RASI' 440.22 :'EET Tn 'I;-'�'
EASTII2LY LINE OF TH�T C�lYP.�IN L]NE OF T'HAT C�f2T11IN TRACT OF i�AID CbiiJEYD 'IU Cr]ARLES
W. VASEl', ET UX, BY DEID RECURDED M4R�I 27, 1953, IN &��C 4799, PP�E(S) 345 0.
OF'FICIAL RECORDS OF SAID SAN DIF�p Ct�T]D7Iy; TFg;N .�c SpUTH p� 16' 30" �ST (REC�RD SO'S=
0° 17' 43" �AST) ATANG SAID EAST�r,y LINE 150.00 FEET TU AN STI'ERSEC?TON �RI'?'�I A LL�'
BE�.RIIl� 1�RTH 89° 47' 10" z'AST FRQ'�I 'IT� TRUE R7INI' OF B�Il�lVL� Z��P,�' SOLTPfi g9� g7
�
10" WEST 440.38 F'F�i' Tp �'IRUE �INT OF BF�II�N'Lt�,
(I$�L DgSCRTPrrQ1 Q�I'II�70�)
....--- -
• i
• �t ND. 200961-8
I�.L Di�CRTPiT�7 (�i�9�)
PARC�I, C :
1� Rn.�Ri y 241: 00 FEE�r OF THFaT FORTTON OF THE DPJRTH HPS,F OF Ti� NORTHSp.ST QLLSRT�
OF SECTION 12, 'InY1NSHIP 14 SOUIII, RI�NGE 2 WEST, SAN gg2�RDa7p gpSg p,I�ID [�RIDIAN, IN
'1�'.E �UNIY OF SAN DIF7;0, STATE OF CALIFI�RNI.a, ACL'lRD]TA; TC� 'IY� OF'FICZPS, PLAT THEREY�F,
DESQ2IHID AS FL�LdJJTAS :
B�II�7II�1G AT A' FOINP ON 'IZ-IE NpRTH LINE OF SAID NpRTH�.�ST QI]AR'?�2 DIS7�INP Tf�RmN
SOUIH 89° 19' 50" EAST, ' 300.00 FEEP FRQ�1 THE I�R�°T Cl�gi� OF SAID DYJRTNF.PST
4�TER; THE[VC�. SOIII'H 00° 26' 00" EAST, P�1F2P.LS,EL WTTH T�IE WEST LIIva OF SAID NpRTI�',ASm
, 4�TER, 647.27 FEEI'; T�T(� SOL7TH 89° 32' 30° EAST, 90.00 FEEI' TU A FpII1f IIQ 'Ii� .
C�II'ER L7NE OF TfIE CUL7NI'Y ROAD DE5C12IBID IN DEID TO TT3E C1�I1D1I5.' OF SP.N DIFX'X;O, REQ�RDID
SEFTII�ER 30, 1936 IN EOOK 569, PAGE'(S) 296 OF OF'FICIAL RECI�RDS AbID KARY�T A3 RpAp
SURVEY N0. 335; Tf�2tC� I�JRTH 00° 12' 30" WEST (RECURD NpRTH 00° 12' 00" EAST) AIpl�
SAID C�7I'ER LINE, 154.59 b'EET 'Il�''Z�iE TRUE FOINI' OF BF]GIIQPIIIVG; '1��1C� Q�NTIN(TII� I�RTH
00° 12' 30" WFST t1L(�NG SAID C�II�2 LINE, 150.00 FFFF'E,T; THIIJ(� NpR'I'_3 89° 47' 10" EAST,
ga0.38 FEEP 'IU THE EAST�ZLY �II� CF TH4T C�2TAIN TRACP OF LADID CT�N�EYID 'IU Q�.ARLES W.
�ASEl'� ET UX� BY DE� RE�RDID NII�RQi 27, 1953 IN EO�K a799, PP�E(S) 345 OF OF'FICIAL
RENRDS OF SAID SAN DID;O �[ID7I'y; 'I��7CE gpUl� 00° 16' 30". EAST (Rr.'�RD SOt7Ifi 00° 17'
43" EAST) ALIJD� T�IE EASTERLY LINE OF SAID VASEY LADID, 150.00 F'EEP 'IU A LII�E WH?CH
BE�RS 2JJRTEI 89° 47' ZO" EAST FR�4 'IS�F�. TRIJh' FQINI` OF BFXiII�II1�7('; 'I?-�NCF', SOUPH 89 a7'
10" WEST, 440.54 FEEP 'IU 'Pf� TRtT�' POIATI' OF 3F�II�II�TIi�G.
_ , „ � EXHIBIT B �
� RESOLUTION NO. P- 01-38
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY; CALIFORNIA APPROVING
� CONDITIONAL USE PERMIT 87-03M(2),
APPROVING DEVELOPMENT REVIEW 00-12, AND
, RESCINDING RESOLUTION NOS. P=87-32 AND P-96-72
ASSESSOR'S PARCEL NUMBERS 314-192-70, AND 314-192-72
WHEREAS, in 1971 tHe County of San Diego Board of Supervisors approved a
(Conditional) U'se PeYmit for a church facility consisting of a Sanctuary with a maximum of
250 seats, and parking; and
, • WHEREAS, on June 30, 1987, the City Council of the City of Poway approved
Conditional Use Permif 87-03 fortwo temporary classrooms for Sunday School classes of
up to 40 children and Sunday evening classes of up to 100 adults and children; and
WHEREAS, on October 15,1996, the City Council of the City of Poway approved a
Modification to Conditional Use Permit 87-03 for two additional modular units for use as a
library and a youth activity room; and
WHEREAS, a'second modification to Conditional Use Permit 87-03 and
Development Review 00-12 was submitted by Jim Thayer to allow (in Phase 1) a new
11,735 square foot Sanctuary, and (in Phase 2) a 6,460 square foot addition to the existing
� building for a new Preschool and a Bible College, along with a 3,552 square foot addition �
to the Sanctuary, at the Living Way'Church at 13609 Twin Peaks Road within the RS-4
zone; and
WHEREAS, on July 31, 2001, the City Council held a duly advertised`public hearing
to solicif 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 has considered the Environmental Initial Study (EIS), and
Nega4ive Declaration (ND) of this Resolution for Conditional Use Permit 87-03M(2), and �
Development Review DR 00-12 and public'comments received on the E!S and ND. The
subject EIS and ND documentation 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 will have a significant impact on the environment, and that the ND
reflects the� independent judgment and analysis of the City.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code forthe modification to Conditional Use Permit 87-03 fora phased expansion/remodel '
of the Living Way Church, which is a legally established church, which CUP modification
also inciudes new Preschool and Bible College uses, located at 13609 Twin Peaks Road in
the RS-4 zone, are made as follows: ,
. • � Resolution' No. P- 01-38
� Page 2
A. The existing Church has occupied the site since 1986. The modification to expand
" the Ctiurch will allow activities that are the same or similar to the existing Church
' use of the site. The size and design of the facility is appropriate for the use and
location and is a permitted use in the RS-4 zone, with the.approval of a modification
to the Conditional UsePermit. A preschool is an allowable use in the zone, with the
approval of a Conditional Use Permit. Therefore, the proposed location, size,
design and operating characteristics of the Church expansion and new Preschool,
and Bible College, in conjunction with the established Church use, are in accord
with the, title and' purpose of Section 17.48.070 of the Poway Municipal Code, the
purpose of the zone in which the site is located, the City General Plan, and the �
: development policies and standards of the City.
B. The Church expansion will enhance the existirtg development on the property and is
appropriate as an addition to the primary Church use on the site as well as being
consistent o� superiorto surrounding development. The facility will meet the City of
Poway standards for parking. Therefore, the location, size, design and operating
characteri'stics of the proposed use will be compatible with and will not adversely
affect or be materially detrimental to adjacent uses, residents, buildings, structures,
' or natural resources.
C. The Church expansion will meet or exceed standards for scale, coverage and .
den'sity. Therefo�e, the harmony in 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 building will utilize colors and materials in keeping with the surrounding area.
' The Church expansion will be compatible with the existing building and surrounding
development. Intervening landscaping will soften views of the Sanctuary building
from residential property. Therefore, there will be no harmful effect upon desirable
neighborhood characteristics.
F. The main traffc impacts of the Church will occur on Sundays, which will not affect
the typica! tra�c peaks associated with daily commuting. The location of the
Church on the intersection of two major roads, results in no direct impacts to .
residential streets and limits impacts to adjacent properties. Therefore, the capacity
and physical character of surrounding streets will not be impacted and the project is
consistent with the circulation element of the General Plan.
G. The development is designed with generous amounts of open space. Sufficient
play area is available for the children. Therefore, the site is suitable for proposed
accessory building and uses that are proposed.
• • Resolution No. P-01-38
� Page 3
H. The use involves,no hazardous materials or processes nor does it significantly
affect natural resources, as it will not affect the adjacent creek. Therefore, there will
not be significant harmful effects upon environmental quality and natural resources.
I. There are no other relevant negative impacts of the 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 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 17.48.070 of the Poway Municipal Code to the extent feasible since it is
an expansion of an existing use. �
Section 3: The findings, in accordance with Section 17.52.010 of the Poway Municipal
Code for Development Review 00-12 for a(Phase 1) new 11,735 square foot Sanctuary,
and a(Phase 2) 3,552 square foot addition to the Sanctuary and 6,460 square foot
addition to the existing building for a new Preschool and Bible College, at the Living Way
Church at 13609 Twin Peaks Road in the RS-4 zone, are made as follows:
A. The Sanctuary and classroom building development will be built on a previously
disturbed property, offers significant open space, and will not result in altered land
forms. Therefore, the building respects the interdependence of land values and
aesthetics to the benefit of the City. `
B. The Sanctuary building is in characterwith existing development in the area and will
not negatively affect the views of adjacent property owners. The proposal does not
othervuise affect the boundaries of the lot or the design of the streets. Therefore,
the proposed use does not conflict with the orderly and harmonious appearance of
structures and property within the City along with associated facilities, such as but
not limited to signs, landscaping, parking areas and streets.
C. There are public facilities, services and utilities availabfe. No significant increase in
tra�c volumes will oocur with this development: The project will otherwise conform
to all City ordinances. Therefore, the proposed project does not detract from the
maintenance of the public health, safety and general welfare, and property
throughout the City.
D. The Sanctuary building is designed to significant architectura! detailing and
articulation. The design rises gently from the one to two story elements. Therefore,
. � � Resolution No. P- 01-38
Page 4
the proposed development respects the public concems 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 Ciry of Poway.
Therefore, the proposal does not have an adverse aesthetic, health, safety or
architecturally related impact upon existing adjoining properties, or the City in
general.
F. The proposed project will comply with all of the provisions of the Zoning Ordinance
and the General Plan. �
Section 4: Pursuant to Govemment Code Section 66020 the public improverrients for
this Modification to Conditional Use Permit 87-03 and Development Review 00-12 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 to serve this project. The payment of
sewer and traffic mitigation fees is needed as a result of the proposed development
to protect the public health, safety and welfare as identified below:
1. The project requires payment of sewer and traffic mitigation fees, which are
assessed on a pro-rata basis to finance and provide public infrastructure
improvements, which promote a safe and healthy environmentforthe residents -
of the City.
Section 5: Resolution Nos. P-87-32 and P-96-72 are hereby rescinded.
Section 6: The City Council hereby approves Conditional Use Permit 87-03M(2) and
Development Review Permit 00-12 to allow a phased expansion of the existing Church at
13609 Twin Peaks Road. The existing Church consists of a 5,735 square foot Sanctuary,
74 parking spaces, four modular buildings used for children's Sunday School, a library,
nursery, and a Bible College for approximately 200 members. The Phase 1 expansion
consists of a new 11,735 square foot building containing a 402-seat Sanctuary, a nursery,
, four offices, and 91 new parking spaces. The Phase 2 expansion consists of a 6,460
squa�e foot addition to the existing 5,735 square foot building for a preschool for a
maximum of 96 students and a Bible College for a maximum of 40 students. Also included
in Phase 2 are a 3,552 square foot addition to the Sanctuary and 50 additional parking
spaces. This approval is according to the plans dated January 11 and April 19, 2001, and
subject to the following conditions.
A. Approval of this Conditional Use Permit request shall apply only to the subject
project and shali not waive compliance with all sections of the Zoning Ordinance
. � • Resolution No. P-01-38
� Page 5
: 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 conditions 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.
D. The conditions of this CUP shall remain in effect for the life of the subject private
school and shall run with the; land and be binding upon future owners, successors,
heirs, and transferees of the current property owner.
E. Conditional Use Permit 87-03M(2) may be subject to annual review as determined
by the Director of Development Services for compliance with the conditions of
approval and to address concems that may have been raised during the prior year.
F. Prior to issuance of a Building Permit for the 6,460 square foot classroom addition
to the existing building the applicant shall obtain approval of a mod�cation to
Development Review permit 00-12.
G. Any changes in the approved use of the site, including but not limited to the hours of
operation, the number of students, reductions in parking, or the number of fixed
seats, 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.
H. Pursuant to Poway Municipal Code Sec. 8.08.100, the use of all powered
construction equipment on the project site shall be limited to the hours of 7:00 a.m.
to 7:00 p.m. Monday through Saturday, and may not occur on holidays.
' I. The applicant shal( obtain a Grading Permitfor Phase 1 ofthe project. If grading for
any other phases of the project exceeds 50 cubic yards of earthwork, or if the cut is
greater than two feet in vertical depth and creates a cut slope steeper than 2:1 (two
horizontal to one vertical) and the fill is more than one foot in vertical depth, then the
applicant shall apply fo� a grading permit and submit a grading plan for review and
approval to the City Development Services Department. If the above conditions do
not apply for any other phase; then the applicant sha(i proVide a certification from a
State Registered Civil Engineer indicating the quantity of earthwork involved and
pay a$500 inspection fee prior to building permit issuance. Prior to issuance of a
Grading Permit, the applicant shall comply with the following:
, r�
. • � Resolution No. P- 01-38
� Page 6
1. A grading plan shall be prepared on a City of Poway standard Mylar at a
scale of 1"=20', and shall be submitted along with a grading permit
application and applicable fees to the Development Services Department,
Engineering Division, for' review and approval. A grading plan submittal
checklist is available at the Engineering Division front counter. At a
minimum, the grading plan shall show the following:
a. Driveways, in compliance with the specifications provided in Section
17.08.170D of the Poway Municipal Code, and including minimum
structural sections together with their elevations and grades. The
driveway profile or equivalent data shall also be shown. The driveway
approach shall be per Regional Standard Drawing G-17 or G-12.
b. A separate erosion control plan for prevention of sediment run-off during
construction.
c. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a minimum 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
the Planning Division and/or Engineering Division prior to issuance of a
grading permit.
d. All utilities, together with the appurtenances, and any easements.
Encroachments are not permitted upon any easement wittiout an
approved encroachment agreemenUpermit.
e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
2. 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. A slope stability analysis shall accompany the soils report for
any proposed fill slope over two feet in height.
3. 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 �
suiface water flowing onto the project site from adjacent lands. Said system
shall include all easements required to properly handle the drainage.
Concentrated flows across driveways are not permitted.
. • � Resolution No. P- 01-38
, Page 7
4.. To insure compliance with the Clean Water Act, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination of non-storm run-off into the storm drain system orthe natural
stream. The SWPPP shall include, but not be limited to, an effective method
of erosion and sediment control, a material storage site, measures to protect
construction material from being exposed to storm run-off, protection of all
storm drain inlets, on-site concrete truck wash and waste control, and other
means of Best Management Practices to effectively eliminate pollutants from
,, entering the storm drain system. The applicant shall certify the SWPPP prior
to approval of the grading and improvement plans. The SWPPP may be
incorporated with the erosion control plan, but shall be under separate cover
from the grading and improvement plans.
5. The applicant shall pay all applicable engineering; plan checking, permit and
inspectiornfees.
6. Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City.
7. The applicant shall apply for a water system analysis to establish the location
of fire hydrants, as determined by the Fire Marshal, and to determine the
adequacy of the existing water mains and any necessary water main
extension to serve the project. The cost of the analysis shall be,paid by the
applicant.
8. If required, a separate set of improvement plans for the onsite water
improvements shall be submitted concurrently with the submittaf of the
grading plan to Engineering Division for review and approval.
9. Since the project relies upon the southerly parcel to satisfy the parking
requirements, the applicant shall process either a lot tie agreement, a lot
merger, or a reciprocal access and parking agreement for the two parcels. ,
10. Complete landscape construction documents (and plan check fee) shall be
submitted for all areas of new construction. Plans shall be prepared in
accordance with the Poway Zoning Code, and Guide to Landscape
RequiremeMs and shall include but not be limited to the following:
a. Street trees per the above landscape requirements, at 30 feet on
center. .
b. Landscaping for all new parking lot areas per the above landscape
requirements, including a minimum of one 15-gallon size broad
spreading evergreen tree for every three spaces, and landscape
� • • • Resolution No. P- 01-38
Page 8
islands between every eight to ten parking spaces. Parking lots shall
be provided with landscaping sufficient to screen parking areas from
the street, using earth berms, walls and/or plantings. Screening shall
achieve a minimum height of 36 inches except where site distances
are a factor.
c. A minimum of 5-foot wide landscaped planter area shall be provided
� , along the southem, western and eastern property lines. Landscaping
shall consist of a minimum of 15-gallon trees, 20 feet on center, and
shrubs to provide a dense landscape screen from the adjacent
• residentially zoned properties. In addition, a solid wood fence, sixfieet
in height shall be provided along the southem property line shared
, with the homes on Outlook Road to the satisfaction of the Director of
Development Services. Access gates will be provided if the residents
on Outlook Road desire, but access through the gates will be at the
. � discretion of the Church: Along the eastern property line; a solid
wood fence, six feet in height, shall be provided, except within the
required 25-foot front yard setback measured from Midland Road
right-of-way. The fencing may be built in phases corresponding to
, each phase of adjacent project construction. The existing chain link
fence shall be retained until such time as the wood fence replaces it.
d. Irrigation p�lans cons'rstent with the above landscape requirements.
e. A tree removal permit application shall be submitted for approval by .
the Director of Development Services for the removal of any mature
trees. The applicant shall submit a report from a qualified arborist
evaluating the necessity of the proposed tree removals. Trees'along
streets and property lines should be preserved whenever feasible.
Tree replacement will be required. The size and location of the tree
rep(acement wiil be determined as part of the review of the project
landscape plans.
J. Prior to issuance of a Building Permit for each phase, the applicant shall comply
with the following:
1. ' The site shall be developed in accordance with the approved site.plans on
file in the Development Services Department and the conditions contained
herein. Grading of lots shaN be in accordance with the Uniform Building.
Code, the City Grading Ordinance, the approved grading plan, the approved
soils report, and grading practices acceptable to the City.
. • • Resolution Na. P- 01-38
� Page 9
2. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer throughout construction of the
project.
3. Rough grading of the project site shall be completed and meet the approval
of the City Inspector and shall include submittal of the 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.
4. City approval of a soil compaction report shall be obtained.
5. Prior to start of any work within City-held easements or right-of-way, such as
curb and gutter removal and replacement on Pomerado Road to
accommodate the new driveway located directly across from Via Monte
Carlo, a Right-of Way Permit shall be obtained from the Engineering Division
of the Development Services Department. All appropriate fees shall be paid
prior to permit issuance.
6. The following development fees shall be paid to the Engineering Division.
These fees are currently in effect and are subject to change without notice.
Water Meter Cost Base capacitv SDCWA fee Service Line
'/.-inch . $130 $3,710 $2,004 $1,430
'1-inch $270 $6,678 $3,206 $1,430
' If a 1" meter is required only for fire safety, '/," meter fees for Expansion &
SDCWA will be applicable.
Sewer
Sewer fees are based on 1 Equivalent Dwelling Unit (EDU) for the first four
fixtures, plus 1 EDU for every additional fourfixtures. Additional fixture units .
less than 4 are prorated to a quarter of an EDU. Sewer rate is $2,356 per
EDU.
Phase 1 proposes 20 new fixtures, or 5(20/4) EDU's.
5 EDU'S x $2,356 = $11
Traffic Mitigation 60 trips/acre x 3.3 acres x$66 x 0.25 = $3,267
Park N/A
. • • Resolution No. P- 01-38
Page 10
Drainage $1,570/acre x 3.3 acres = $5,181
7. Construction staging shall be depicted on the submitted plans, with the
location subject to approval of the Director of Development Services.
8. The building plans shall include a detail of the trash enclosure(s) along with
enough enclosure area to accommodate all dumpsters, both proposed and
existing. Said enclosures shall be of decorative masonry block or a stucco
finish and solid metal gates painted to match the proposed Sanctuary. They
shall be a minimum of 7 feet deep x 10 feet wide, and be designed per
EDCO Corporation standards.
9. All two-way traffic aisles shall be a minimum of 25 feet wide.
10. The site plan shall show all required parking. In accordance with the Poway
Zoning Code, a minimum of 133 parking spaces shall be provided for Phase
1, and 215 spaces for Phase 2(based on the fixed Sanctuary seating).
11. All new parking spaces shall be double striped. The minimum dimensions for
standard sized parking stalis shall be 8.5' x 18.5'.
12. The site plan shall show, at parking lot islands, a minimum 12-inch wide walk
adjacent to parking stalls. It shall also depict wheel stops where overhanging
vehicles would reduce the minimum required planter dimensions.
13. The plans shall provide all new utilities placed underground, as well as the
existing overhead utilities along Midland Road.
14. The building plans shall depict the exterior building colors and materials
consistent with the project plans on file in the Development Services
Department dated January 11, 2001, and project materials/color sample
board on file, except as modified herein. All materials and colors shall be
depicted on the plans, including specific manufacturer codes.
15. The building plans shall depict all roof appurtenances, including air
conditioners, architecturally integrated, screened from view and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services.
16. 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 and designed as such thatthey reflect light downward,
and awayfrom streets and adjoining properties pursuantto Poway Municipal
Code Section 17.08.220.L. All existing exterior lighting fixtures shall be low-
retrofitted, as necessary, such that they reflect light downward and away
• • • Resolution No. P- O1-38
� Page 11
from streets and adjoining properties pursuant to Poway Municipal Code
Section 17.08.220.L. Parking lot lights shall not exceed a height of 18 feet
from the finished grade.
K. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and
City of Poway Ordinance No. #64.
2. The buildings shall display thei� numeric address in a mannervisible from the
access street. Minimum size of the building numbers shall be six inches on
the front facade of the building. Building address shall also be displayed on
the roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff Department ASTREA criteria.
3. Every building hereafter constructed shall be accessible to fire department
apparatus by way of access roadways with all-weather dnving surface of not
less than 20 feet of unobstructed width, with adequate roadway tuming
radius capable of supporting the imposed loads offire apparatus and having
a minimum of 13 feet, 6 inches of vertical clearance. The road surface type
shall be approved by the City Engineer, pursuant to the City of Poway
Municipal Code.
4. The building will be required to install an approved fire sprinkler system
meeting P.M.C. requirements. Entire system is to be monitored by central
monitoring company. System post indicator valves with tamper switches,
also monitored, are to be located by the City Fire Marshal priorto installation.
5. An automatic fire alarm system shall be installed to approved standards by
properly licensed contractor. The system shall be completely monitored by a
U. L. listed central station alarm company or proprietary remote station.
6. 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.
7. A"Knox" Security Key Box shall be required for the buildings at a location
determined bythe City Fire Marshal. A breakaway padlock shall 6e required
for the fire sprinkler Post indicator valve.
8. 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.
• • • Resolution No. P- 01-38
, Page 12
9. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
10. A minimum 2A:106C fire extinguisher is required for every 3,000 square feet
and 75 feet travel distance.
11. If an elevator is installed, it shall be sized to accommodate a normal hospital
gurney. Minimum dimensions for the inside car platform shall be 6'8" wide by
4'3" deep.
12. The addition of on! site fire hydrants is required. The location of the hydrants
shall be determined by the City Fire Marshal.
13. 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 not be installed until all other
construction activity has been substantially completed to the satisfaction of
the City.
14. Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit man
door or shall be located inside an enclosed closet with an exterior access
man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser."
When the closet method is chosen, applicant shall provide 36 inches of
clearance from the standpipe or attached additional risers, accessible by a
3'0" man door.
L. 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
the Development Services Department for both DR 00-12 and CUP 87-
03M(2), along with the conditions contained therein/herein. A final inspection
�from the appropriate City Departments will be required and approval for
occupancy obtained.
2. Driveways, drainage facilities, slope landscaping and protection measures,
and utilities, shall be constructed and completed, and inspected by the
Engineering Inspector.
3. An adequate drainage system capable of handling and disposing all surface
water shall be provided to the satisfaction of the Engineering Inspector.
4. All proposed utilities within the project site shall be installed underground.
• • Resolution No. P- O1-38
� � Page 13
5. The developer shall, to the satisfaction of the City Engineer, repair any and
all damages to the public improvements:on Twin Peaks Road and on�
Midland Road, as a result of the construction of each phase of this project.
6. Record drawings, signed by the engineer of work, shall be submitted to
Development Services • prior to a request of occupancy, per section
16.52.130B ofthe grading ordinance. Reco�d drawings shall be submitted in
a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities.
M. The following performance standards shall apply to the Church facility, including the
use of the Church/classroom expansion upon establishment of its use:
1. The use of the Church, Bible College, and Preschool shall be limited. to
religious and educational activities, along with related accessory uses.
2. The activities of the Church; Bible College, and�Preschool shall not occur in
such a manner as to create adverse impacts on the circulation and parking
on surrounding public streets.
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 Municipai Code. At no time shall
equipment noise from any source, or any loudspeaker sound amplification
system, exceeds the noise standards contained in the Poway Municipal
Code. �
4. Upon occupancy of the new Phase 2 classrooms, the four modular
class�ooms app�oved pursuant to CUP 87-03 and CUP 87-03M shall be
removed from the site, to the satisfaction of the Director of Development
Services. '
5. The Church shall ensure that the congregation and all service providers park
� within the on-site parking areas, and not on the nearby streets.
6. All'lighting fixtures shall be maintained as such that they reflect light
downward, away from any road or street, and away from any adjoining
premises.
7. The parking areas and driveways shall be well maintained.
8. All landscaping shall be adequately irrigated and well maintained at all times.
9. 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.
� • • Resolution No. P- 01-38
' ' Page 14 .
Section 8: The approval of CUP 87-03M(2)/ DR 00-12 shall expire on July 31, 2003, at
_ 5:00 p.m. unless, priorto thattime, a Building Permit has been issued and construction on
° the property in reliance on the CUP/DR approval has comme�ced prior to its expiration.
Section 9: Pursuant to Govemment Code Section 66020, the 90-day approval period in
which the applicant may protest the impositibn of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on August 14, 2001.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 31 st day of July 2001.
Michael P. Cafagn , M or
ATTEST:
�
,��,.� �1M� � ';'c � C� �
Lori�Anne Peoples, City Clerk
STATE OF CALIFORNIA )
)SS �
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 01-38 , was duly adopted by the
City Council at a meeting of said City Council held on the 31 st day of July 2001, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
Lor Anne Peoples, City Cle k
City of Poway
N:\ciry\planning\Otreport\wp\cup87-03m2 res.doc