Covenant Regarding Real Property 2016-0028991RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 317-223-27-01/02
DOC# 2016 - 0028991
II I III II II I I IIII I II I IIIII II I IIII IIII I I II I I I III
Jan 22, 2016 12:14 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr ,
SAN DIEGO COUNTY RECORDER
FEES: $33 00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
PAGES: 7
Jimmie P. Nelson, ( "OWNER" hereinafter), is the owner of real property located at 12675 Stowe
Drive ( "PROPERTY hereinafter).
In consideration of the approval of Conditional Use Permit (CUP) 15 -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In the event that CUP 15 -009 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by CUP 15 -009, upon the request of the OWNER the City shall expunge this Covenant
from the record title of the PROPERTY and CUP 15 -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:
Dated: 12-
Jimmie P. Nelson (Notarize)
CITY OF POWAY:
Dated: By:
bert J. Manis, Direct r of Dkvgkpment Services
CALIFORNIA • • •
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Di-el D
On 2 ' 2� ' ( 5 before me, A . PA r CAN an , NO-MnA Pu,b U c
Date Here Insert Name and Title of t e Officer
personally appeared ��YYi li�/1 P• N e � c fzn
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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
A. PARRAVANO WITNESS my h d and fficial seal.
Commission No. 1984206 i
NOTARY PUBLIC - CALIFORNIA m
SAN DIEGO COUNTY
Commission Expires July 5, 2016 1 Signature
Signature of Notary Public
Place Notary Seal Above
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❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
LJ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — Limited 1-1 General
❑ Individual ❑ Attorney in Fact
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❑ Other:
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02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
RESOLUTION NO. P -15 -28
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 15 -009
ASSESSOR'S PARCEL NUMBERS 317 - 223 -27 -01/02
WHEREAS, Michael Bates, on behalf of Caliber Collision Center, has submitted
a request for approval of a Conditional Use Permit (CUP) to establish a commercial
automobile body repair business within the existing building at 12675 Stowe Drive, in
the Light Industrial (LI) land use designation area of the South Poway Specific Plan
(SPSP); and
WHEREAS, on November 17, 2015, 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 by the City Council of the City of Poway
as follows:
Section 1: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 15 -009 to establish an automobile body repair business
in the LI area of the SPSP, are 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
Permit Regulations), the SPSP, the City General Plan, and the development
policies and standards of the City in that the subject use is allowed with a CUP.
The facility has been designed and will be conducted such that it will be
compatible with the surrounding development.
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, buildings, structures, or natural resources in that the site is zoned
for the use, the facility has been designed and will be operated in compliance
with City development standards, and the site has adequate parking to
accommodate the use.
C. The proposed use is in harmony with the scale, bulk, coverage and density of,
and is consistent with, adjacent uses in that adequate parking will be provided
on -site, and all storage of wrecked automobiles and work will be conducted
within the building.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
Resolution No. P -15 -28
Page 2
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that adequate parking will be provided on -site, and all storage
of wrecked vehicles and work will be conducted within the building.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the proposed use provides adequate
vehicle circulation on -site.
G. There will not be significant harmful effects upon environmental quality and
natural resources in that the site is already developed and contains no natural
habitat resources.
Section 2: The City Council hereby approves CUP 15 -009 to establish an
automobile body repair business within the existing building located at 12675 Stowe
Drive, in the LI area of the SPSP, subject to the following conditions:
A. Approval of this CUP shall apply only to the subject project and shall not waive
compliance with all other Sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance.
B. 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
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
C. Within 30 days of the date of this approval, the applicant shall submit in writing
that all conditions of approval have been read and understood, and a deed
covenant with these conditions of approval shall be recorded on the property.
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 terms and conditions of CUP 15 -009 shall be binding upon the permittee and
all persons, firms and corporations having an interest in the property subject to
Resolution No. P -15 -28
Page 3
these permits, and the heirs, executors, administrators, successors, and assigns
of each of them, including municipal corporations, public agencies and districts.
F. Conditional Use Permit 15 -009 shall be subject to annual review, as determined
by the Director of Development Services, for compliance with the conditions of
approval and to address concerns that may have occurred during the past year.
G. Building Permits are required for all new tenant improvements associated with
the facility. All requirements deemed necessary by the Building Division and Fire
Department, based on the change of use /occupancy in this building, will be
determined in the building plan review process.
H. All tenant improvements associated with the use shall be in accordance with the
Califomia Fire Code and Sections 406.6.1 through 406.6.6 of the Califomia
Building Code.
Signs are subject to a separate Planning Division permitting process, and may
additionally require subsequent Building Permits. The applicant shall submit a
separate Sign Permit application for any signs.
J. Outdoor repair work is not permitted.
K. Outdoor storage of wrecked automobiles awaiting repairs is not permitted.
L. Should the auto body repair work be expanded to include engine repair, the
applicant shall comply with all applicable Building and Fire Code requirements.
M. The site shall be kept in an orderly and well maintained condition at all times.
N. The applicant shall comply with the following to the satisfaction of the Director of
Safety Services:
The applicant is required to meet all applicable Poway Municipal Code 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 Section 15.04.050 of the Poway
Municipal Code, and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
3. The 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.
Resolution No. P -15 -28
Page 4
4. The building's fire sprinkler and automatic fire alarm systems shall meet
Poway Municipal Code requirements. Relocation of six or more sprinkler
heads shall require a separate plan submittal and approval by the Fire
Department. A water analysis will not be required.
5. The applicant is encouraged to evaluate the underground components of the
fire sprinkler system. The City of Poway requires that any time an
underground water supply system for an existing fire protection system fails,
including maintenance, testing, and seismic failures, the fire protection
system shall be retrofitted with backflow protection devices.
6. Mechanical ventilation complying with the California Building Code, California
Fire Code and Chapters 5 and 6 of the California Mechanical Code will be
required. In addition to other ventilation requirements, a Fire Department -
approved mechanical ventilation system shall be installed when the indoor
storage of vehicles or recreational vehicles occurs.
7. Separate deferred plans for the design and installation of paint spray booths
and paint mixing rooms shall be submitted, reviewed and approved by the
Fire Department prior to installation.
8. Rack storage in excess of 8 -feet in height requires a building department
permit for installation.
9. This facility will not be permitted to exceed the maximum allowable quantities
per control area as defined in table 307.1 of the California Building Code
without a change to the proposed occupancy use.
Section 3: The approval of CUP 15 -009 shall expire on November 17, 2017, at 5:00
p.m, unless, prior to that time, a Building Permit has been issued and /or establishment
of the use on the property in reliance on this CUP approval has commenced prior to its
expiration.
Section 4: 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.
Resolution No. P -15 -28
Page 5
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 17th day of November 2015.
Steve Vaus, Mayor
ATTEST:
Sheila R. ian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -15 -28 was duly adopted by
the City Council at a meeting of said City Council held on the 17th day of November
2015, and that it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila k. 6obian, CMC, City Clerk
City of Poway