Covenant Regarding Real Property 1995-0428697I
20�8 # 1995 - 0428697
SEP -1995 08 =57 AM
RECORDING REQUEST BY: ) OFFICIAL RECORDS
CITY OF POWAY j SAN DIEGO COUNTY` RECORDER'S OFFICE
GREGORY SMITH, COUNTY,RECORDER
WHEN RECORDED MAIL TO: ) 8 68 RFt 11.00 FEES. . 25. UD
AF, 13.00
CITY CLERK ) I OFr 100
CITY OF POWAY )
P BOX 789 ) `
POWAY CA 920740789 )
No Transfer Tax Due (This.space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Church of Christ - Iglesia ni Cristo ("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 Number 317. 640 752 ("PROPERTY' hereinafter). In consideration of the approval of Conditional Use
Permit 83 -01 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 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In the event that Conditional Use Permit 83 -01 expires or is rescinded by City Council at the request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.
If either party is required to incur costs 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. The CITY 'may assign to persons impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
Dated: 9-11-95
CITY Of
Dated: fr- a-0- - By:
Mello,
• ADZ
` lI
869
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN 'DIEGO, AND DESCRIBED AS FOLLOWS:
LOT 100 OF GOLDEN CITY UNIT NO. 1, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6877, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 1971.
EXHIBIT A
CALIFORNIA ALL- PURPOSACKNOWLEDGMENT • 870 No:5907.
State of California
County of San Mateo
On 9-11 -95 before me, Violie S. Edrosolan
DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC'
personally appeared Joven V. Rosquites
NAME(S) OF SIGNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be. the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged 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.
SOL, ypMa WROWILAN WITNESS my hand and official seal.
COMIA s 111=16
IIIIII $AN MAATEO COUMY.-
caft Oc v• SIGNATURE OF NOTARV
l
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
❑ INDIVIDUAL
IN CORPORATE OFFICER
Corporate Secretary
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EWITV(IES)
Iglesia Ni Cristo
(Church of Christ)
DESCRIPTION OF ATTACHED DOCUMENT
City of Poway
Covenant Regarding Real Proper
TITLE OR TYPE OF DOCUMENT
two
NUMBER OF PAGES
)t. 11, 1995
DATE OF DOCUMENT
Stephen A. Streeter
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184;
0
0
RESOLUTION NO. P- 95 -47 8 7.1
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY,,, CALIFORNIA
APPROVING CONDITIONS OF APPROVAL FOR
IGLESIA NI CRISTO CHURCH, CUP 83 -01
ASSESSOR'S PARCEL NUMBER 317- 640 -52
WHEREAS, the congregation Iglesia ni Cristo obtained a conditional use
permit from the City of Poway in 1983 which contained specific conditions of
approval relating to the conduct of a church on a residentially zoned property
located at 12730 Elm Park Drive, in the RS -7 zone; and
WHEREAS, an annual review was brought before the Poway City Council as a
result of the receipt of neighborhood complaints regarding the manner in which
the property was being used by the church; and
WHEREAS., the City Council determined that it was necessary to consult with
the neighbors concerning the need to amend conditions of approval as an
alternative to the revocation of Conditional Use Permit 83 -01, in order to
rectify ongoing problems generated by the church's activities; and
WHEREAS, on August 22, 1995, the City Council held a public hearing and
considered public testimony concerning this project, both pro and con.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
The subject action is exempt under the provisions of the California
Environmental Quality Act, Class 1, an existing facility.
Section 2: Findings:
1. The approved project is consistent with the general plan in that
semi - public uses are permitted in residential zones with benefit of
a conditional use permit, provided the applicants abide by required
conditions of approval.
2. That the scale, bulk, coverage and density is consistent with
adjacent uses, in that the existing buildings are single story, low
profile structures which mirror the scale of surrounding
construction.
3. That there are available public facilities, services and utilities
already in place.
4'. That there will not be harmful effect upon desirable neighborhood'
characteristics, in that conditions are contained herein, which the
applicants will either abide by or the conditional use permit may be
declared null and void at the next review on this project which is
tentatively scheduled for October 17, 1995.
5. That the generation of traffic will not: adversely impact the
surrounding, streets and /or the City's Circulation Element, 'in that
oh- street parking will not be permitted by attendees of the church.
Parking will only be permitted within designated paved parking lots
on the church's property.
EXHIBIT B
• 872, *solution No. P- 95 -47
Page 2
6. That the site is suitable for the type and intensity of use or
development which is presently established there, in that the
conditions limit the use of the facility in terms of hours of
operation, maintenance practices, and conduct of church activities
in order to prevent further disruption of residential neighbors'
lives.
7. That there will not be significant harmful effects upon
environmental quality and natural resources, because the site has
been previously disturbed and no significant environmental resource,
exists there.
8. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
Section 3: City Council Decision:
The City Council hereby approves the extension of Conditional Use Permit 83 -01,
subject to the following conditions:
1. Within 30 days of approval (1) the applicant shall submit in writing, that
all conditions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
2. The use conditionally granted by this permit shall not be conducted in
such a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and commercial uses:
3. This conditional use permit shall be subject to a bi- monthly, then
quarterly review by the Director of Planning Services for compliance with
the conditions of approval and to address concerns that may have occurred
during the past year. If the permit is not in compliance with the
conditions of approval, or the Planning Services Department has received
complaints, the next required review before the City Council shall
consider modification or revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE,DEPARTMENT OF PLANNING SERVICES.
1 THE NEIGHBORHOOD PARK:
Park site preparation and any necessary demolition work for the park and
its construction shall not begin until further action is taken by the City
Council.
11� CHURCH OPERATIONS:
1. Hours of use of the premises shall be limited to between 6:30 a.m. and
10:00 p.m. No one, other than the designated persons who will prepare
the services, shall be permitted to arrive before 6:25 a:m. on Sundays and
not before 6:1.0 a;.m. on Thursdays.
2. No outside activities including, but not limited to, social events, shall
continue after 10:00 p.m.-Sunday through Thursday, or 11:00 p.m. on Friday
and Saturday. (The parking lots are to be empty at these times.)
3. No outside amplified sound shall be permitted at any time.
• $73 40solution No. P -95 -47
Page 3
3. No outside amplified sound shall be permitted at any time.
4. Noise levels shall not exceed 45 decibels at any time, when measured at
the property line adjoining a residential lot.
5. No special outdoor events shall be conducted on the property without an
approved temporary use permit from the City of Poway and written consent
from all adjoining property owners/ residents.
PI, SITE IMPROVEMENTS:
* *1. A six -foot high tan slump block wall shall be installed by the church at
the rear property lines of the homes which back up to the church property.
Work 'shall begin by August 22, 1995.
* *2. Grading shall be accomplished and fixtures installed as required to
correct existing drainage problems over the rear yards of adjoining homes
fronting Silver Lake Drive, which originates on the church's property.
Work shall be started by August 22, 1995.
IV. TRAFFIC AND PARKING:
1. No on- street parking shall be permitted .
2. Church attendees shall park in paved parking lots only.
3. Speed humps shall be installed at the exit of each existing parking lot to
control excessive speed when leaving the parking area.
V. PROPERTY MAINTENANCE:
GENERAL:
1. Maintain standard size trash dumpsters inside a six -foot high solid wood
enclosure, with painted, solid wood gates.
2. Pedestrian access to Papago Drive shall be closed. The easement shall be
vacated, and boundary .adjusted to both adjoining residential properties.
This shall be accomplished by August 22, 1995.
3. After each use of the premises, police the grounds and parking areas for
trash. Provide adequate trash containers and ash cans on the property.
Do not throw trash, cigarette butts or any other item into neighbor's
yards and /or streets.
4. No outdoor storage of materials is permitted.
LANDSCAPING:
The plant materials and lawns shall be maintained in a healthy, thriving
condition free of weeds, trash and debris as provided in the Poway
Municipal. Code.
Solution No. P- 95 -47
874 Page 4
yip NEIGHBORHOOD OUTREACH:
The church shall maintain representatives to ,meet twice per month with a
neighborhood subcommittee of two or more residents to review improvements and
discuss any on -going problems.
yjL ON -GOING ASSESSMENT:
Planning Services staff shall report to the City Council concerning progress
toward and achievement of the conditions contained in this resolution on the
following dates October 17, 1995, and December 12, 1995; thereafter on a
quarterly basis for the following 1996 calendar year.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 22nd day of August, 1995.
Bob Emery, Councilmember -
ATTEST: Presiding Officer
1 hereby certify, under the,penalty
'1� %� c(� of perjury, that the above, and
1 �t' "'^�- // `'`� foregoing is -a' true and \correct
Marjorie C. a sten, City C er copy of Resolution No.
�) as adopted by the /City'Couni l of
Poway, California`on,'the'
day of 19
MARJORI EN,Clii'cLERK
STATE OF CALIFORNIA )
SS. b, w"' u
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P -95 -47 , was duly adopted by the City Council at a meeting of said City Council
FeTTon the 22 day of August 1995; and that it was so adopted
by the following vote:
AYES: CAFAGNA, EMERY, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CALLERY, HIGGINSON
arjori a a. -en, Lity LIerK
City f oway