Covenant Regarding Real Property 2016-0092110RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 275 - 460 -52
DOC# 2016 - 0092110
111111 IIIII IIIII IIIII IIII 111111 IIIII II II IIIII IIIII illll illll IIII IIII
Mar 02, 2016 01:40 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr ,
SAN DIEGO COUNTY RECORDER
FEES. $39.00
PAGES: 9
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
12695 Monte Vista, LLC ( "OWNER" hereinafter), is the owner of real property commonly
known as 12695 Monte Vista Road ( "PROPERTY hereinafter), and more fully described in the
attached Exhibit A and made a part of hereof.
In consideration of the approval of Conditional Use Permit (CUP) 15 -012 by the City of Poway
( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in 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, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that CUP 15 -012 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by CUP 15 -012, upon the request of the OWNER the City shall expunge
this Covenant from the record title of the PROPERTY and CUP 15 -012 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: 12695 Monte Vista, LLC
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Its: Manager
CITY OF POWAY:
Vobert J. Mavis
Director of Development Services
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of the State of California that the foregoing paragraph
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Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
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Signer's Name:
Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
1 Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
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n Other:
Signer Is Representing:
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s): 275- 468-52
PARCEL A:
PARCEL 2 OF PARCEL MAP 6625, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 8, 1977.
PARCEL B: -
AN EASEMENT AND RIGHT OF WAY UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE WESTERLY
10.00 FEET OF THE NORTHERLY 196.89 FEET OF PARCEL 1 OF SAID PARCEL MAP 6620, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 8, 1997.
Exhibit B
RESOLUTION NO. P -16 -02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 15 -012
ASSESSOR'S PARCEL NUMBER 275 - 460 -52
WHEREAS, on January 26, 1999, the City Council approved Conditional Use
Permit (CUP) 98 -07, Development Review (DR) 98 -29 and Variance (VAR) 98 -16 to
construct a 16 -room, 28 bed, assisted living facility on a 0.54 acre lot located at 12695
Monte Vista Road, in the Commercial Office (CO) zone and variances for setback,
parking, and minimum lot size, pursuant to Resolution No. P- 99 -07; and
WHEREAS, Conditional Use Permit (CUP) 15 -012 was submitted by Lord
Architecture, Inc. /Bennett Lord, Applicant, to increase the number of residents of the
existing assisted living facility to 32; and
WHEREAS, on January 12, 2016, 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 project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301 of
the CEQA Guidelines, in that the project proposes a minor increase in the number of
residents within an existing assisted living facility, resulting in a negligible expansion of
an existing use.
Section 2: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code
(PMC), to approve CUP 15 -012 to allow four additional residents in an existing assisted
living facility for a total of 32 residents, 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 proposed four additional residents will reside in an
existing assisted living facility which is allowed in the CO zone with a CUP.
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 the
proposed operation of the facility with 32 residents will be operated so that it is
compatible with the surrounding development, and adequate on -site parking will
be provided to serve the use.
Resolution No. P -16 -02
Page 2
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with the surrounding development, in that the project has been
designed to comply with all of the development standards of the zone, including
setbacks, building height and lot coverage, except as approved by VAR 98 -16.
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 assisted living facility with the proposed increase in residents, will be
operated so that it will be compatible with the surrounding development; and the
project has been designed to provide adequate on -site parking for the proposed
additional capacity.
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 in that the
operation of the existing facility with the proposed increased capacity, will be
compatible with the adjacent development; and,the project has been designed to
provide adequate on -site parking for the proposed use.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed four additional residents will be accommodated
within the existing facility and the additional parking space will be provided within
an area of the property that has been previously graded and contains no remaining
natural habitat.
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.
Section I The City Council hereby approves CUP15 -012, as shown on the approved
plans on file with the City, subject to the following conditions:
Resolution No. P -16 -02
Page 3
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 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 15 -012 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, which incorporate mitigation measures from the project
Environmental Initial Study, included in Resolution No. P- 99 -07, approving CUP
98 -07, DR 98 -29 and VAR 98 -16, are in full force and effect.
G. CUP 15 -012 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. Prior to installation of any additional beds, up to a maximum of four additional beds,
within the facility, the applicant shall comply with the following:
Resolution No. P -16 -02
Page 4
1. The project 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.
3. A Tree Removal Permit approval shall be obtained prior to removal of any
trees. Trees approved for removal must be replaced according to the City's
Urban f=orestry Ordinance. Tree replacements shall be a minimum of 36-
inch box trees to the satisfaction of the Director of Development Services.
4. Submit landscape and irrigation plans to the Planning Division for review
and approval consistent with the City of Poway Landscape and Irrigation
Design Manual and Chapter 17.41 PMC, Landscape Efficiency Standards;
to the satisfaction of the Director of Development Services. The landscape
and irrigation plan shall identify plant species, sizes, and automatic irrigation
for all areas to be planted. A plan check review fee is required at the time
of initial submittal of the plans. The plans shall address the following:
a. Areas that have been disturbed by the proposed parking lot
reconfiguration.
b. New planter areas.
C. The landscape plans shall incorporate the tree replacement
requirements of any Tree Removal Permits.
d. The relocated trash enclosure shall be sized to accommodate two
bins (regular and recycling) to the satisfaction of Public Works.
5. All plantings shall be installed and the automatic irrigation system shall be
operational pursuant to the City of Poway Landscape and Irrigation Design
Manual and the approved landscape plans.
6. A final inspection from the appropriate City departments will be required.
Upon establishment of the proposed use, pursuant to CUP 15 -012, the following
shall apply to the satisfaction of the Director of Development Services:
1. All facilities 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.
Resolution No. P -16 -02
Page 5
2. 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.
3. All lighting fixtures shall be maintained such that they reflect light downward,
away from any road or street, and away from any adjoining residential
development.
4. All landscaping, including areas within the adjacent 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
Landscape and Irrigation Design Manual. 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 Operations" latest edition
(ANSI A300). Trees shall not be topped and pruning shall not remove more
than 25% of the trees' leaf surface.
Section 4: The approval of CUP 15 -012 shall expire on January 12, 2018, 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 approval has commenced prior to its expiration.
Section 5: 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 12th day of January 2016.
Steve Vaus, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
,
Resolution No. P -16 -02
Page 6
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P -16 -02 was duly adopted by the City
Council at a meeting of said City Council held on the 12th day of January 2016, and that
it was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheil Cobian, CIVIC, City Clerk
City of Poway