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HomeMy WebLinkAboutD-2858 2 A This page is part of your document- DO NOT DISCARD %,7-q. 9 2018 A ooLOS., 20180323532 691.+ } P a e s: --��-� :�TIN,, 1111111 III 11 013 } ~- tji - 'R' 4 Recorded/Filed in Official Records k ,jRecorder's Office, Los Angeles County, • t' " California x c•411 *x 04/04/18 AT 11:02AM FEES: 52.00 TAXES: 0.00 OTHER: 0.00 SB2: 75.00 PAID: 127.00 A A III I 1111 1110 1 11 Il 11111 III I 11111111111 NI III LEADSHEET 111111111111111111111111111111 II 201804042890043 00015016782 III II tIIIIl 111111 1 III 008970048 SEQ: 01 DAR - Mail (Intake) III IIIIIII I I III I I 1 lIIIl0II I 1111 II 110111 II III III 1Ill Ill Ill 1111 11111111111 11111 I II Ill 11111011 11111 III A THIS FORM IS NOT TO BE DUPLICATED - £2E6265 • RECORDING REQUESTED BY AND Uo^u;nent Ntar►�ber:15016782 WHEN RECORDED MAIL TO: I�1;������I�IIII�III���II�III�IJIII�III��IIIl�ifl City Attorney Batcfh t�ullmbJer:897lI0i0`48 City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 COVENANT AND AGREEMENT TO DEVELOP AND HOLD PROPERTY AS ONE PARCEL FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, SOUTHERN CALIFORNIA DISTRICT COUNCIL, ASSEMBLIES OF GOD, A CALIFORNIA CORPORATION hereinafter referred to collectively as "Covenantors", hereby declares, represents and warrants to be the owner of certain real property located at 23 West Foothill Boulevard in the City of Arcadia, County of Los Angeles, State of California more particularly described as follows: Parcel 1 of Parcel Map No. 060433, as per map recorded in Book 322, Pages 18 and 19 of Parcel Maps, in the office of the County Recorder of said County. Except therefrom all oil, gas, minerals and other hydrocarbon substances lying below the surface of said land, but with no right of surface entry, as provided in deeds of record. Covenantors hereby agrees and covenants with the City of Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee")on behalf of and for the benefit of the Covenantee's land, which is the public street and right-of-way adjacent and contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land, as follows: 1. The Affected Lots shall be held and developed as one parcel and no portion thereof shall be voluntarily or involuntarily sold, conveyed or assigned separately or legally divided until this Covenant and Agreement is released in writing by the City of Arcadia. Any attempt to sell, convey or assign less than the entire Affected Land shall be a nullity and of no effect, and the Covenantee is hereby authorized to bring an action in a court of 1 • competent jurisdiction to set aside and have declared null and void any such attempted sale, conveyance or assignment. In the event of any and all such legal actions, Covenantors or their successors or assigns shall be liable for the reasonable attorneys' fees of Covenantee. 2. This Covenant and Agreement is for the benefit of the Covenantee and its heirs, successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted Land and the heirs, successors and assigns of the owners of the Benefitted Land, and this Covenant and Agreement shall run with the land and shall be binding upon the heirs, successors and assigns of the Covenantors. 3. The City of Arcadia in its capacity as Covenantee and in its capacity as the legal representative of the residents of the City of Arcadia and more particularly as the legal representative of all the owners of the Benefitted Land is hereby authorized to enforce the provisions of this Covenant and Agreement. 4. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Covenant and Agreement. [SIGNATURES ON THE NEXT PAGE] 2 IN WITNESS WHEREOF, Covenantors has executed this instrument on the date shown opposite their signatures. "COVENANTEE" "COVENANTORS" ("SOUTHERN CALIFORNIA DISTRICT COUNCIL, ASSEMBLIES OF GOD") Dominic Lazzaret o (Signature of Authorized Agent) City Manager Dated: \-(w.cX1r � , 2015 a lay mac► " Print Name and Title Dated: - a- ( APPROVED AS TO FORM: (Signature of Aut rifed Agent / ' Stephen P. Deitsch Print Name and Title City Attorney Dated: 2 i /5' 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ccoeere .ecru e�c� e� c�c�c�cecc<c �: arc ec< State of California County of OnhA.c 2/��6 c 7/ before me, l�'-� 7 d��� 6�:�;•!e Date / Here Insert Name and Title of the Of personally appeared A i ` /� `.� Name(s)of Signer(s) who 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SHARAMNE.FESSLER I certify under PENALTY OF PERJURY under the laws ' ?�•` Notary Public•California of the State of California that the foregoing paragraph is Orange County true and correct. Z �r•,% Commission#2167951 M� Comm.Ex acs Nov 11,2020__nut._ ___ _.,� WITNESS my h n nd official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document /- � Title or Type of Document: � Document Date: /P--D/7 Number of Pages: l Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT Partner—El Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER Top of thumb here Top of thumb here ❑ Trustee ❑Trustee • Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: -• •-• aa c �� .s *o-cc c^uk e tws�cr w�� •_ • ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 RESOLUTION NO. 1923 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14-06 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 14-17 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW 3,372 SQUARE- FOOT SANCTUARY BUILDING AT AN EXISTING CHURCH AT 23 W. FOOTHILL BOULEVARD WHEREAS, on June 19, 2014, an application was filed by Mr. Martin Roy Mervel for the design review of a 3,372 square-foot sanctuary at 23 W. Foothill Boulevard, Development Services Department Case No. ADR 14-17; and WHEREAS, on June 19, 2014, an application was filed by Emmanuel Assembly of God Church for a Conditional Use Permit for the addition of a 3,372 square-foot sanctuary to the existing church at 23 W. Foothill Boulevard, Development Services Department Case No. CUP 14-06; and WHEREAS, on October 12. 2014, Planning Services completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommended that the Planning Commission determine the project is exempt under CEQA per Section 15061(3) of the CEQA Guidelines (Review for Exemption) because the project has no potential to cause a significant effect on the environment, and because it consists of new construction of a small structure less than 10,000 square-feet in area per CEQA Section 15303, Class 3; and WHEREAS, a public hearing was held by the Planning Commission on November 12, 2014 at which time all interested persons were given full opportunity to be heard and to present evidence. NOW. THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated November 12, 2014 are true and correct. SECTION 2. This Commission finds and directs: a. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. FACT: The existing church has operated at this location since 1963. The proposed sanctuary building and conversion of the existing sanctuary to a fellowship hall is consistent with the existing church use of the property. Because activities within the fellowship hall and sanctuary will not occur at the same time, and the overall parking demand is not anticipated to increase, the proposal will not be detrimental to the public health or welfare or injurious to the other properties in the area. b. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: The zoning of the parcel for which the sanctuary is proposed on is R-0, 30,000. Arcadia Municipal Code Section 9275.1.43 authorizes churches in the R-0 zone with an approved Conditional Use Permit. c. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. FACT: The project site is currently developed with a church and parking lot. The proposed building will fit comfortably within the site with minor adjustments made to upgrade the ADA accessible parking and restripe the parking spaces to comply with current size requirements. Based on the City's parking requirements for assembly uses and a parking survey conducted by the applicant, the revised 55-space parking lot will be sufficient to accommodate the parking demand of the church. As such, the site is adequate in size and shape to accommodate the new proposed sanctuary building and conversion of the existing sanctuary to a fellowship hall, and no additional adjustments of the use or site are necessary. -2- 1923 d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. FACT: The site is located along Santa Anita Avenue and Foothill Boulevard. These streets are adequate in width and pavement type to carry the traffic generated by the church use, and the additional sanctuary building will not impact these streets. e. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. FACT: Approval of the new sanctuary on the westerly parcel of the site is consistent with the Residential Estate Land Use Designation of this parcel, and the continuation of the parking lot use on the easterly parcel is consistent with the Commercial Land Use Designation of this parcel. The proposal will not adversely affect the comprehensive General Plan. f. Provided a project has no potential to cause a significant effect on the environment, it is eligible to be exempt from further CEQA review under Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption). FACT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), an environmental assessment was completed and it was determined that the Project has no potential to cause a significant effect on the environment and is exempt pursuant to Section 15303 of the CEQA Guidelines, Class 3, which exempts construction of small structures less than 10,000 square-feet in area. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Section 15303 of the CEQA Guidelines, and approves Conditional Use Permit No. CUP 14-06 and Architectural Design Review No, ADR 14-17, for a new 3,372 square-foot sanctuary, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. -3- 1923 . . Passed, approved and adopted this 12m day of November, 2014. Chairman, Planning PlanninQ Cornrniseion ATTEST: Secretary APPROVED AS TO FORM: I ' �u~� o . � � 4"~,f, Stephen P Deitsch City Attorney -4- 1923 RESOLUTION Na 1923 Conditions of Approval The existing sanctuary building shall no longer be used for church services following the issuance of a Certificate of Occupancy for the new sanctuary building, but is permitted for use as a fellowship hall for receptions, classes, and other church-related events. No receptions or other large gatherings or events shall occur in the fellowship hall during weekend church service times. 2 The applicant/property owner shall upgrade the trash enclosure to be fully roofed prior to issuance of a Certificate of Occupancy for the new sanctuary. The revisions to the trash enclosure shall be subject to the review and approval of the Community Development Administrator, or designee. 3 Prior to issuance of a Certificate of Occupancy, the applicant/property owner shall execute and record a covenant prepared by the City Attorney at the expense of the applicant/property owner to hold the two parcels of the project site as one. 4 Approval of CUP 14-06 and ADR 14-17 is limited to the existing church, with a new sanctuary building, and repurposed fellowship hall, all of which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for these applications, and shall be subject to periodic inspections. after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights-of-way, and/or the neighboring businesses or properties. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 14-06 and ADR 14-17 shall be grounds for immediate suspension or revocation of any approvals. which could result in the cessation of church activities. 6 The applicant shall defend. indemnify, and hold harmless the City of Arcadia and its officials, officers. employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack. set aside. void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees. and agents in the defense of the matter 7 Approval of CUP 14-06 and ADR 14-17 to allow construction of a new sanctuary building, repurposing of the existing sanctuary as a fellowship hall, and operation of a church shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. -5- 1923 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1923 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 12TR day of November, 2014, and that said Resolution was adopted by the following vote, to wit. 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