Covenant Regarding Real Property 2003-1133620RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
APN:. 317- 640 -52
10666 DOC 2003- 1133620
SEP 16, 2003 8-23
OFFICIAL RECORDS
SAN DIEGO-COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 35.00
2�003- 1131IeI2I0 IIIIILIIIIpIII������������� 1
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Community of the Crucified One, Incorporated, PROPERTY OWNER ( "OWNER"
hereinafter) is the owner of "real property which is commonly known as Assessor's Parcel
Number 317- 640 -52 ( "PROPERTY" hereinafter) and is more particularly described as follows:
All thatreal property situated in the City of Poway, County of San Diego, State of
California, described as Lot 100 of Golden City, Unit No. 1, according to Map
thereof No. 6877, filed in the Office of the County Recorder of San Diego County,
March 18, 1971, and which is commonly known as Assessor's Parcel Number
317- 640 -52 ( "PROPERTY" hereinafter).
In consideration of the approval of CUP 00- 17(M), by the City of Poway ( "CITY"
hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit
A).
This Covenant shall runwith.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In the event that CUP 00 -17(M) expires or is rescinded by City Council at the request of
the OWNER. CITY shall expunge this Covenant from the record title of the PROPERTY.
In'the event of litigation t& enforce the provisions of this Covenant, the prevailing party
shall be entitled to'full reimbursement of all costs, including reasonar6le attorneys'' fees, from the
other party.
OWNER: Community of the Crucified One
Dated: / �0 �J By. CrsrVt+/C/
Rever d Gary Crandall (Notarize)
Resu ction Prayer Community
CITY OF POWAY
Dated: 8 I 11/03 By: I ai-a- 1`1-
Niall Fritz, Director of Develop ent Services
Ail
() 3- I cos-
CITY,CL'ERK
CITY OF POWAY
P O BOX 789
(D�
POWAY CA 92074 -0789
No Transfer Tax Due
APN:. 317- 640 -52
10666 DOC 2003- 1133620
SEP 16, 2003 8-23
OFFICIAL RECORDS
SAN DIEGO-COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 35.00
2�003- 1131IeI2I0 IIIIILIIIIpIII������������� 1
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Community of the Crucified One, Incorporated, PROPERTY OWNER ( "OWNER"
hereinafter) is the owner of "real property which is commonly known as Assessor's Parcel
Number 317- 640 -52 ( "PROPERTY" hereinafter) and is more particularly described as follows:
All thatreal property situated in the City of Poway, County of San Diego, State of
California, described as Lot 100 of Golden City, Unit No. 1, according to Map
thereof No. 6877, filed in the Office of the County Recorder of San Diego County,
March 18, 1971, and which is commonly known as Assessor's Parcel Number
317- 640 -52 ( "PROPERTY" hereinafter).
In consideration of the approval of CUP 00- 17(M), by the City of Poway ( "CITY"
hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit
A).
This Covenant shall runwith.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 00 -17(M) expires or is rescinded by City Council at the request of
the OWNER. CITY shall expunge this Covenant from the record title of the PROPERTY.
In'the event of litigation t& enforce the provisions of this Covenant, the prevailing party
shall be entitled to'full reimbursement of all costs, including reasonar6le attorneys'' fees, from the
other party.
OWNER: Community of the Crucified One
Dated: / �0 �J By. CrsrVt+/C/
Rever d Gary Crandall (Notarize)
Resu ction Prayer Community
CITY OF POWAY
Dated: 8 I 11/03 By: I ai-a- 1`1-
Niall Fritz, Director of Develop ent Services
Ail
() 3- I cos-
106 7
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT No. 5907
State of
County of
On 0 3 before me,
DATE n ^ NAME, TITLE OF OFFICE E.G., "JA DOE, NOTARY PUBLIC'
personally appeared
❑ personally known to me - OR - lzhp�roved to me on-the basis of satisfactory evidence
7l
Y-
to be the person whose named is /afe
subscribed, to the withiri instrument and ac-
knowledged to me that ge%he� executed
the same in his /he„A+�eT authorized
capacity,( es), and that by hisAtetR+lre+r--
signature.o on the instrument the personW,
or the entity upon behalf of which the
person(s§ acted, executed the instrument.
WITN S my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
— ,CAPACITY CLAIMED BY SIGNER
I{� INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITYQES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF •• /
A7
NUMBER OF PAGES
�. /D 5. c
SATE OF DOCUMENT
ya B I ,uA �r %I i�j /, n 7`z
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309 -7184
�XH►Bir B 10668
RESOLUTION NO. P- 03 -53
A.RESOLUTION OF THE CITY COUNCIL
OF THE.CITY OF POWAY, CALIFORNIA.
APPROVING MODIFICATION TO CONDITIONAL USE PERMIT 00- 17(M),
A REQUEST BY THE RESURRECTION COMMUNITY CHURCH
TO ESTABLISH A PRESCHOOL AND EXPAND THE HOURS OF OPERATION
AND RESCINDING RESOLUTION NO. P -00-63
APN: 317- 640 -52
WHEREAS; on August 15, 2000, the City Council approved Conditional Use Permit 00-
17 establishing a church (Resurrection Community Church) on a 3:2 -acre site located
at 12730 Elmpark Lane within the' Residential Single - Family -7 (RS -7) zone, pursuant to
Resolution No. P- 00-63; and
WHEREAS, an application for a modification to Conditional Use Permit.00 -17(M) was
submitted by Resurrection.CommunityChurch, applicant ;and owner, to establish apreschool
for 15 children within the church's existing community room and to expand the church's hours
of operation to accommodate: the preschool and church - related activities in the evening, and
WHEREAS, on August '19, 2003, 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 the City Council does hereby' resolve as
follows:
Section 1: The City Council finds that this project is Categorically Exempt from the
California Environmental Quality Act as a Class 3; pursuant to Section 15303 of the CEQA
Guidelines, because the project involves the conversion of an existing small building to a
preschool and the development of a small playground. No exterior modifications are proposed .
to the building.
Section'2: The ,findings, in accordance with Section 17;48;070 of the Poway Municipal
Code, for the modification. to Conditional Use Permit 00 -17 to establish a.preschool for 15
children and to extend the'hours of operation of the church located at'l2730 Elmpark• Lane
within the.Residential Single- Family -7 (RS -7) Zone, are made as follows:
A. The location, size, design, and operating characteristics of the church and preschool,
and the extended houmof operation are in accord with the title and purpose of Chapter
17.48 of the'Poway Municipal 'Code (Conditional Use Permit Regulations), the RS -7
zone; the City General Plan,'and'the developmenfpolicies and standards of the City in
that preschool :and church uses are allowed with a Conditional Use Permit.
B. The.location, size, design; and operation characteristics of the church and preschool
will be compatible with and will not adversely affect or be materially detrimental to
adjacent uses,.residents, buildings, structure, or natural resources;inthat the number of
students at the preschool will be limited to 15 and the facility will be located within an
existing building.
0 10669
Resolution No. P -03 -53
Page 2
C. The church and preschool are in harmony with the scale, bulk, coverage, and density
of, and is consistent with, adjacent uses in that the preschool will occupy an existing
building whose design is consistent and complimentary'10 surrounding buildings. The
playground will be located adjacent to the church and screened from neighboring
residences by an existing wall:
D. There are adequate public facilities, services, and utilities available at the subject site
to.serve the church and preschool.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the church and preschool will occupy existing buildings. The
surrounding neighborhood will be able to participate in the preschool and other
activities occurring as a result of extending the hours of operation.
F. The generation of traffic will not adversely impact the capacity and physical character
of the surrounding streets in that the church does not operate at peak traffic hours, the
preschool will only have 15 children, and the use provides on -site parking as required
by the zoning code requirements. Drop -off and pick -up of children will.occur within the
parking lot. The extended hoursof operation will not increase the current traffic levels
in the neighborhood because the number of attendees at the potential new church
related functions are limited by the capacity of the .existing church sanctuaryy and
community room currently in use.
G. The site.is suitable for'the type.and:intensity of,the proposed use and developmentIn
that the church and preschool use are located within an, existing:church.facilitythathas
the capacity for a preschool and playground:
H. There will not be significant,harmful effects upon environmental quality and natural
resources in that the church and preschool are located on a previously developed
property, and does not involve the removal of natural habitat resources.
I. There are no relevant negative impacts associated with the church and preschool
'that cannot be mitigated.
J. The potential impacts, and the proposed location, size, design, and operating
characteristics of the.church and preschool will not be materially injurious to properties
or improvements in the vicinity, nor be.contrary to the adopted General Plan, in thatthe
church and preschool has been designed and sited to comply with the Poway Zoning
Code and the General Plan.
K. The church and preschool will comply with all the applicable provisions of Chapter
17.48 of the Poway Municipal Code.
Section 3: The findings, in'accordancewith Government Code Section 66020forthe public
improvements, are made as follows:
• 106-70
Resolution No. P- 03 -53.
,Page 3
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 will be available -to serve the project. The provision of
public improvements and payment of traffic impact fees are needed as a result of the
proposed development to protect the public health, safety and welfare.
Section 4: The City Council hereby approves CUP 00- 1.7(M) to establish a preschool for 15
children in conjunction with an existing church previously approved under this CUP and to
extend the hours of,operation of the church located at 12730 Elmpark Lane within the RS -7
Zone, as shown on the plans dated•July 12, 2000, and .June 2, 2003, subject to the following
conditions:
A. Approval ofthis.CUP request shall apply only to the; subject project and shaltnotwaive
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 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 Covenanf'Regarding Real Property:.
C. The use conditionally granted by this approval shall nof,be conducted in such a manner
as "to interfere with'the'reasonable use and enjoyment of'surrounding uses.
D: The conditions of C.UP 00 -17(M) shall remain in effect for the life of the subjectchurch
and related uses, and shall run with the land ,and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. Within six (6) months.of the date of this approval, the Director of Development Services
shall submit to the City Council a staff report on the preschool operation and the
extended hours of operation and their compliance with the conditions of approval and
the Poway Municipal Code.
F. CUP 00- 17(M); and any revision thereto, may be subject to annual review, as
determined by the Director of Development iServi for compliance with the conditions
of approval and to address concerns that may have been raised during the prior year.
G. Prior to establishment of Phases 3 and 4 as shown on the plans dated July 12, 2000;
for.CUP 00 -1T °approved by City Council Resolution, P-00-63, an amendment to this
permit, with review by the, City Council at a public hearing, is required.
H. Any changes =in the;approved use of the site, including, but not limited to, the hours of
operation, tKb riUmber of students; reduction in parking,; activities,that.would modify the
parking requirement, will require the approval of a modification to this Conditional Use
Permit. Depending uponthe scope of such changes, atthe discretion of the Director of
106'71
Resolution No. P -03 -53
Page 4
Development °:Services, said modification may be processed administratively ormaybe
referred to the City Councif for a public hearing.
A 20- foot -wide path shall be provided from the preschool exit tothe publicright -of -way
to the satisfaction of the Director of Development Services.
J. - The-drop-off and pick -up location of the children may be conducted within the parking
lots off of Elmpark Lane and Silver Lake Drive. If the Elmpark Lane drop -off and pick-
up location negatively affects the neighborhood as determined by the Director of
Development Services, the drop -off and pick -up location shall be limited to the Silver
Lake Drive parking lot.
K. A 6- foot - high, black, vinyl- coated, chain -link fence shall be provided around the
playgroundlo the satisfaction of the Director of`Development Services.
L. Prior to the operation of the preschool, the following shall apply:
The applicant shall prepare a landscape maintenance plan for the church
property including; but not limited to, the park area along Silver Lake Road and
the borders "of both parking lots. This is to ensure that the landscaping will be
adequately irrigated, and-permanently and fully maintained by the owner at all
times.
2. The applicant shall submit to the Planning Division a revised site plan that
shows the 20400t -wide exit path, landscape strip, fencing, and drop -off and
pick- up'location asrequired by this resolution.
3. The following development fees shall be paid to the Engineering Services
Department within 30 days of approval of this application. These fees are
currently in effect and are subject to change:
Traffic Mitigation Fee
Thearaffic mitigation fee for the preschool is as follows:
(3.2 acres - 0.5 acre.credit for the pastoral house)(60 trips /acre)($66.00 /trip)(0.25)
+ (1.5 trip /student)(15 students)($66.00 per trip)(0.25) _
(2.7)(60(66)(0.25) + (1.5)(15)(66)(0.25) _
($2;673.00) + ($371.25) - ($780:00) $2,264.25
Traffic mitigation fees previously paid on this property totals $780,00
T
0 • 10672.
Resolution No, P- 03-53
Page 5
The applicant shall comply with the following requirements-to the satisfaction of the
Director of Safety Services:
Roof'coveringsshall be fire retardant.as per UBC Section 3203(e) and City of
Poway Ordinance No. 64.
2. The building shall display the numeric address in a. visible from the
access street. The minimum size of the building;numbers shall be six inches 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 meeting
Sheriffs Department "ASTREA" criteria.
3. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with,all weather driving; surfaces of not
less than 16 feet of unobstructed width, with adequate, turning radius
capable of supporting the imposed loads of fire 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 buildings; will be required to install an approved fire sprinkler system
meeting P.M.C.,requirements. The entire system is to be monitored bya'central
monitoring company. System. post indicator valveswith tamper switches, also
monitored, are to.be located by the City Fire Marshal prior to installation.
Buildings needing_ sprinklers will be determined as construction submittals come
forward.
5. An automatic.fire alarm system shall be installed to approved standardsby'a
properly 'licensed contractor. System shall be completely monitored by a U.L.
listed central station alarm company or proprietary , remote station. (Classroom
building.)
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 by the City Fire Marshal. A padlock shall be required for the fire
sprinkler system Post Indicator Valve.
8. Fire Department access for use of fire fighting equipment shall be provided to all
immediate job construction sites at the start of constructionand maintained at all
times until construction is completed.
9. Permanent access roadways for fire apparatus shall be designed as'Fire Lanes'
with appropriate signs and curb markings.
0 0 10673
Resolution No. P -03 -53
Page 6
10. A minimum 2A10BC fire extinguisher is required for every 3,000 square feet
and 75 feet of travel distance.
11, The addition of an on -site fire hydrant may be required. The location of the
hydrant shall be determined by the City Fire Marshal.
12., Fire sprinkler riser(s) shall be located within.10 feet of an exterior -exit man door
orshaltbe,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.
13. Dead -end access roadways in excess of 150 feet in length require an approved
fire department °turn around.
14. A Fire Alarm System must be installed at the preschool facility. If the children
will sleep in the - preschool facility, smoke detectors will'be required.
N. Upon establishment of the preschool, pursuant to CUP 00A 7(M), the following shall
apply:
The use of the church and preschool shall be limited to religious. and
educational activities, along with related accessory uses that provide a benefit to
the community.
2. The use of the church and preschool along with related accessory uses shall be
limited to the times as follows:
• Monday through Friday from 6:00 a.m. to 6:00 p.m. — preschool.
• Monday through' Friday from 6 :00p.m.W10,p.m. (various church-related
activities and. meetings).
• Saturday from 9:00 a.m. to 10:00 p.m. (,various church - related activities
and meetings).
• Sunday from 8:00 a.m. to 10:00 p.m. (various church - related activities
and meetings).
3. All activities shall occur within the building, playground, and /or courtyard
immediately adjacent to the buildings unless otherwise approved through a
Temporary Use Permit issued by the City.
4. In addition tothe Temporary Use Permit requirements contained in Chapter
17.26 of the Poway Municipal Code, any temporary outdoor special event
not accessory to the church use, such as block parties, picnics, practice
campouts for Scouts and similar activities, as determined :by the Director of
—t
0 0 10674
Resolution No. P-03-53
Page 7
Development Services, shall require the approval of a Temporary Use Permit by
the City.
5. 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 Chapter8.08.of the Poway Municipal Code, At time,shall.equipment noise
from any source exceed the noise standards coritai nod _in the Poway Municipal
Code. No loudspeaker sound amplification. system shall be used to produce
sounds in violation of the Noise Ordinance, including telephone or electric bell or
chime system.
6. 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.
7. All lighting fixtures shall be maintained such that they reflect light downward,
away'from any road or street, and away from any adjoining premises.
8. 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.
9; AII; landscaping; including areas within the park and adjacent to public right -of-
way; shall be adequately irrigated, and permanently and fully maintained by the
owner at all times in accordance with the requirements 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 protect the public safety. Trees should be trimmed or pruned
as needed to. develop strong and healthy trunk and branch systems. Tree
maintenance and pruning shall be in accordance with "American National
Standard for Tree Care Operation" latest edition (ANSI A300). Trees shall not
be topped and pruning shall not remove more than 25% of the trees' leaf
surface.
10: The church shall.ensure;thatthe congregation; church and,preschool staff, and
all service providers park within the on -site parking areas, and not on the nearby
streets. Drop -off and pick -up locations shall occur within the parking lots.
11 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 Sign Permit.
Section 5: Resolution No. P -00 -63 is Hereby rescinded.
Section 6: - The approval for the establishment of a preschootwithin the church facility shall
expire on August 19, 2005, at 5:00 p. m. unless prior to that time the use has been established.
0 1.064:5,
Resolution No. P -03 -53
Page 8
. PASSED, ADOPTED, and APPROVED by the City Council of-,the City of Poway, State
of California, this 19th dayof August 2003.
ATTEST:
Q n"'V�pj
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 -03 -53 ,,was -duly adopted by the City
Council at a meeting of said City Council held on the 19th day f August 2003, and thafit.was
so adopted by the following vote:
AYES: EMERY, GOLDBV, HIGGINSON,.REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
Lori Ahne Peoples, City Clerk
City of Poway