Covenant Regarding Real Property 2014-0105869317 - 640 -52
COVENANT REGARDING REAL PROPERTY
Community of the Crucified One, Incorporated, ( "OWNER" hereinafter) is the owner of real
property commonly known as 12730 Elmpark Lane ( "PROPERTY" hereinafter) and more fully
described as:
All that real 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.
In consideration of the approval of Conditional Use Permit (CUP) 13 -009 by the City of Poway
( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in the
attached Resolution (Exhibit A).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that CUP 13 -009 expires or is rescinded by City Council, or the OWNER
terminates the use'permitted by CUP 13 -009, upon the request of the OWNER the City shall expunge
this Covenant from.the record title of the PROPERTY and CUP 13 -009 shall be of no further,force or
effect.
If either party incurs costs as a result of filing a civil action, 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: Community of the Crucified One
ej
Dated: 3 /Ig JeNOrctpa.l Sa.wArt ; )
(Notarize)
Its:` Nomnai=w
ck W. Murray; Notary Public
qty or Pittsburgh; Allegheny Countl
CITY OF POWAY: My commissionExPlres May 4,201,
ember. Pennsvlvanla Assodabonof, NC
Dated: 2 2 % /% By:
Rcoeirt J. Mani , Direct of ev opment Services
MAplanning \13 reports\Agenda Forms \covenant.docx
ly -a /0
D O C # 2014-0105869
III11111111111111111111II III
I
RECORDING REQUEST BY: )
1111111IIIIII 11111III 1111111111
MAR 18, 2014 12:51 PM
CITY `OF'POWAY )
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO:
Ernest J. Dronenburg, Jr.. COUNTY RECORDER
FEES: 46.00
CITY CLERK )
PAGES: 11
CITY OF POWAY )
X9
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
POWAY CA 92074 -0789 )
)
(This space.for Recorder's Use)
317 - 640 -52
COVENANT REGARDING REAL PROPERTY
Community of the Crucified One, Incorporated, ( "OWNER" hereinafter) is the owner of real
property commonly known as 12730 Elmpark Lane ( "PROPERTY" hereinafter) and more fully
described as:
All that real 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.
In consideration of the approval of Conditional Use Permit (CUP) 13 -009 by the City of Poway
( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in the
attached Resolution (Exhibit A).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that CUP 13 -009 expires or is rescinded by City Council, or the OWNER
terminates the use'permitted by CUP 13 -009, upon the request of the OWNER the City shall expunge
this Covenant from.the record title of the PROPERTY and CUP 13 -009 shall be of no further,force or
effect.
If either party incurs costs as a result of filing a civil action, 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: Community of the Crucified One
ej
Dated: 3 /Ig JeNOrctpa.l Sa.wArt ; )
(Notarize)
Its:` Nomnai=w
ck W. Murray; Notary Public
qty or Pittsburgh; Allegheny Countl
CITY OF POWAY: My commissionExPlres May 4,201,
ember. Pennsvlvanla Assodabonof, NC
Dated: 2 2 % /% By:
Rcoeirt J. Mani , Direct of ev opment Services
MAplanning \13 reports\Agenda Forms \covenant.docx
ly -a /0
ALL - PURPOSE ACKNOWLEDGMENT
State of `/'� U6,L,f 1
County of
On V V `� �^ _� , Z0I'-Lbefore me,
DATE NAME OF NOTARY PUBLIC
/ C
personally appeared 1AA . )1 kc s G.
I
personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the
I person(s) whose;name(s) is /are subscribed to the within
l instrument and acknowledged to me that he /she /they
executed the same in his /her /their authorized
capacity(ies), an 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.
COyf,M1ONWEIALT OF PENNSYLVANIA
No[ "a' Seal Public
Patrick W. mumay, Notary
qh, pf Pittsburgh, Allegheny County
Pty Commission r�lre5 May 4, 2014
member. PennsvNanla Assodatlon of Notaries
Place Notary Seal or Stamp Here
WITNESS my hand and official seal.
�4' 1,-��7 ���
SIGNATURE OF NOTARY
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it may prove valuable to persons
relying on this Acknowledgment and could prevent fraudulent reattachment of this certificate to another document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT
DESCRIPTION OF ATTACHED DOCUMENT
N AfCT
31? ('�
�IZSial.
RESOLUTION NO. P -13 -27
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 13 -009 and
DEVELOPMENT REVIEW 13 -004
ASSESSOR'S PARCEL NUMBER 317- 640 -52
WHEREAS, on August 15, 2000, the City Council approved Conditional Use
Permit (CUP) 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, on October 3, 2006, the City Council approved CUP 00 -017M, a
modification to CUP 00 -17, to establish a preschool 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, pursuant to
Resolution No. P- 03 -53; and
WHEREAS, Conditional Use Permit (CUP) 13 -009 and Development Review
(DR) 13 -004 were submitted by Gary Crandall (Applicant) /Community of the Crucified
One (Owner): A request to construct a two- phased expansion of the preschool at the
church site to. accommodate up to a total of 84 students. Phase I would include the
conversion of an existing 1,173- square -foot, detached garage to assembly /classroom
space for 20 additional students °and two additional staff members, and the construction
of a new 567- square -foot garage attached to the existing residence. Phase 11 would
include the construction of a new 2,184- square -foot classroom building for 49 additional
students.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 32 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15332 of the 2013 CEQA Guidelines, in that the proposed project consists of an in -fill
development that is consistent with the applicable general plan and zoning designations
and policies, and will not result in any significant effects relating to traffic, noise, air
quality, or water quality. The 3.2 -acre project site is. surrounded by urban uses, has no
value as habitat for endangered, rare or threatened species, and can be adequately
served by all required utilities and public services.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 13 -009, a Modification to CUP 00 -017M, are made as
follows:
A. The location, size, design, and operating characteristics of the proposed use are
in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permits Regulations), the General Plan, and the development policies and
standards of the City in that-the church and expanded preschool are allowed in
the RS -7 zone with a CUP.
Exhibit A
Resolution No. P -13 -27
Page 2
B. The location, size, design, and operating characteristics of the proposed use will
be compatible, with and will not adversely affect or be materially detrimental to
adjacent uses; people, buildings, structures, or natural resources in that an
existing wall, and existing and proposed landscaping will provide a buffer
between the, existing residential uses and the expanded preschool, and'the scale
and colors of the proposed buildings are consistent with existing buildings on the
site and surrounding residential development.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with adjacent uses.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
E. There will not be. a „harmful effect upon desirable neighborhood characteristics in
that the preschool structures and designated outdoor playground areas will be
concentrated away from neighboring residential uses, and restrictions on hours
of operation, and location and procedure of student drop -off and pick -up will be
included in the project's conditions of approval.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and /or the Circulation Element of the
General Plan.
G. The site is suitable for the type and intensity of use or development that is
proposed in that the 3.2 -acre property can be accessed from two streets, has
ample onsite parking available for the proposed use, and an adequate student
drop -off and pick -up area.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed preschool expansion will be located on a
property that has been previously developed and contains no biological
resources.
I. There are no relevant negative impacts of the proposed use that cannot be
mitigated.
J. That the impacts, as described in subsections A through I of this Section, 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 this title, except for approved variances.
Resolution No. P -13 -27
Page 3
Section 3: The findings for DR 13 -004, in accordance with PMC 17.52.010 Purpose
of Development Review, "are made as follows:
A. The new "buildings, landscaping and other site improvements are in compliance
with City design and development standards; therefore, the project respects the
interdependence of land values and aesthetics to the benefit of the City.
B. The project will not have an adverse health, safety or aesthetic impact upon
adjoining properties in that a wall and landscape buffer will be provided between
the existing residential uses and the expanded preschool, and the scale and
colors of the proposed buildings are consistent with existing buildings on the site
and surrounding residential development.
C. The proposed preschool expansion is in compliance with the Zoning Ordinance
in that a preschool is permitted subject to approval of a CUP in the RS -7 zone,
and, involves new buildings, landscaping and other site improvements in
compliance with City design and development standards.
D. The development encourages the orderly and harmonious appearance of
structures and property within the City.
Section 4: The findings, pursuant to Government Code Section 66020, for the public
improvements for CUP 13 -009 and DR 13 -004 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 facilities will be available to serve this project.
B. In accordance with the Poway General Plan, the project requires the payment; of
development impact fees, which are assessed on a pro -rata basis to finance
public infrastructure improvements, which promote a safe and healthy
environment for the residents of the City.
Section 5: The City Council hereby approves CUP 13 -009 and DR 13 -004, as shown
on the approved plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense; or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
Resolution No. P -13 -27
Page 4
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved'by`applicant.
B. Approval of this CUP 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.
C. Within 30 days of the date of this approval, and before the issuance of any
permit: (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 Regarding Real Property. In order for the City to prepare the
Covenant, the applicant must first submit a legal description of the subject site.
D. 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.
E. The conditions of CUP 13 -009 shall remain in effect for the life of the subject use
and shall run with the land. and be binding upon future owners, successors, heirs,
and transferees of the current property owner.
F. Conditions of approval ,listed in Resolution No. P- 03 -53, approving CUP 00-
017M, are fully incorporated herein by this reference except as modified herein.
G. CUP 13 -009 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
H. The applicant shall obtain a Building Permit. Prior to issuance of a Building
Permit, the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
2. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City departments will be
required.
3. The applicant shall contact the Poway Unified School District (858)
679 -2570 to verify if school impact fees are required. If required, the fees
shall be paid at the rate established at the time of Building Permit
issuance.
Resolution No. P -13 -27
Page 5
(Engineering)
4. All spoil materials from footings and foundations shall be legally disposed
.of offsite unless a Grading Permit for placement of the materials is
obtained from the Department of Development Services — Engineering
Division prior to placement or the applicant has received verification from
the Department in writing that no permit is required.
5. The applicant shall incorporate Low Impact Development (LID) design
features into the site development. These shall be clearly shown and
identified on the site plan, and be appropriately sized for the proposed
level of development.
6. The applicant :shall pay all applicable development impacfifees in effect,at
time of permit issuance. Listed below.are the current applicable fees and
amounts:
a. Fire Apparatus (2,184 SF) $ 169.61
b. Traffic (2;184 SF) $7,266.00
The above impact fees are applicable to the entire project. The fees will
be collected prior the issuance of the Building Permit associated with the
new classroom structure (Phase II).
7. A minimum cash security for erosion control for $2,000 is required.
8. The applicant shall attend a pre- construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer.
The applicant's action plan that identifies measures to be implemented
during construction to address erosion, sediment and pollution control
will be discussed. Compliance for sediment control shall be provided as
directed by the Engineering Inspector.
9. Erosion control shall be installed and maintained by the developer from
October 1 to April 30, annually. The developer shall maintain all erosion
control devices throughout their intended life.
10. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted Master Fee Schedule. The current fee amount for
the Phase 1 of the project is $527 and the current amount for Phase II is
$2,636.
(Planning)
11. A landscape and irrigation plan shall be submitted and approved to
provide landscaping, consisting of a mix of trees and shrubs, between the
proposed preschool buildings and,property lines shared with neighboring
residential homes to the west and. east, to the satisfaction of the Director
of Development Services. Disturbed areas shall be landscaped.
Resolution No. P -13 -27
Page 6
The, landscape and irrigation plans shall tie in compliance with the City of
Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and
all other applicable standards in effect at the time of landscape and
irrigation plan. check, submittal. The landscape and irrigation plan
submittal is a separate submittal from other project plan check submittals,
and is made directly to the Planning Division. Landscape and irrigation
plan review fees are required and are the responsibility of the applicant.
The applicant shall comply with the following requirements to the satisfaction of
the Director of Safety Services:
1. The applicant is required to meet all applicable PMC and California State
Fire and Building Codes for this project. The applicant is encouraged to
contact the Division. of Fire Prevention, at (858) 668 -4470 to set up a
meeting prior to submitting building plans in order to review project
requirements.
2. Roof covering shall be fire retardant as per PMC 15.04.050, and City of
Poway Ordinance No. 64 and its amended Ordinance No. 526.
3. The existing residence. shall be accessible to Fire Department apparatus
by way of access roadways with an all - weather driving surface of not less
than 16 feet of unobstructed width, with a roadway interior turning radius
of not less than 28 feet capable of supporting the imposed loads of fire
apparatus, 75,000 pounds, with a minimum of 13 feet 6 inches of vertical
clearance. The Fire Chief, pursuant to the PMC, shall approve the road
surface type. Add note to site plan.
4. An automatic fire alarm system shall be installed and interconnected to the
adjacent, existing classroom building in such a manner that if one detector
activates, all detectors activate. The automatic fire alarm system shall be
monitored. The system shall transmit the alarm, supervisory and trouble
signals to an approved supervising station in accordance with NFPA 72.
5, The proposed new classroom building shall display their numeric address
in a manner visible 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 Sheriffs Dept. - ASTREA criteria.
6. Fire Department access for use of firefighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
7. Minimum 2A:10BC fire extinguisher required for every 3,000 square feet
and 75' travel distance.
Resolution No. P -13 -27
Page 7
J. Prior to issuance of the Certificate of Occupancy:
1. The site shall be developed and the building elevations shall be
constructed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein.
A final inspection from appropriate City departments will be required.
(Engineering)
2. Any extension of proposed or existing utilities required to serve the project
shall be installed underground.
3. The drainage facilities, driveway, and all utility services shall be installed,
and completed by the property owner, and inspected and approved by the
Engineering Inspector. All new utility services shall be placed
underground.
4. An adequate drainage system shall be provided around the new building
pad capable of'handling and disposing all surface water to the satisfaction
of the Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to.public improvements caused by construction activity from
this project.
(Planning)
6. All landscaping and irrigation shall be installed in accordance with
approved landscape plans.
K. Upon establishment of the proposed use, pursuant to CUP 13 -009, the following
shall apply to the satisfaction of the Director of Development Services:
1. 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!00 p.m. to 10 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 church - related activities shall occur within the buildings, playground
and /or courtyard immediately adjacent to the buildings unless otherwise
approved through a Temporary Use Permit issued by the City.
Resolution No. P -13 -27
Page 8
4. Any temporary outdoor special event not accessory to the church use, as
determined by the Director of Development Services, shall require the
approval of a TUP issued by the City pursuant to PMC Chapter 17.26,
Article II:
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 Chapter 8.08 PMC. At no time shall equipment
noise from any source exceed the noise standards contained in the PMC.
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. All 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 that all parking associated with the church and
preschool occurs within onsite parking lots, and not on the nearby streets.
Drop -off and pick -up locations shall occur within the parking lots. Drop -off
and pick -up activities for Phase I and II of the school expansion shall be at
the lower parking lot off of Silver Lake Drive. Following the preschool
expansion, student drop -off and pick -up on the upper parking lot off of
Elmpark Lane may occur on a limited basis as needed to comply with
Americans with Disability Act (ADA) requirements.
11. Any signs proposed for this development shall be designed and approved
in conformance with the PMC and require the approval of a separate Sign
Permit.
Resolution No. P -13 -27
Page 9
Section 6: The approval of CUP 13 -009 and DR 13 -004 shall expire on November 5.
2015 'at 5;00 p.m. unless, prior to that time, a. Building Permit has been issued and
construction on the property in reliance on the CUP and DR approval has commenced
prior to its expiration.
Section 7: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting'this 5th day of November 2013.
7 `
Don Higginson, Mayor
ATTEST:
9� Qa (R N _K&s, �
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
1, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -13 -27 was duly adopted by
the City Council at,a meeting of.said .City Council held on the 5th day of November
2013, and that if was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
'Sheila R. Cobian, CMC, City Clerk
City of Poway