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Covenant Regarding Real Property 2017-0386225RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 323-201-22 MCUP 17-003 DOC# 2017-0386225 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Aug 24, 2017 09:34 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $48.00 PAGES: 12 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY MLGP&L LLC ("OWNER" hereinafter) is the owner of real property commonly known as 13864 Poway Road ("PROPERTY hereinafter) and more fully described in the legal description attached hereto as Exhibit A and made a part hereof. In consideration of the approval of Minor Conditional Use Permit (MCUP) 17-003 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 In the event that MCUP 17-003 expires or is rescinded by City Council, or the OWNER terminates the use permitted by MCUP 17-003, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and MCUP 17-003 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. Dated: Dated: O I OWNER OR AUTHORIZED AGENT: �oR MLGPB L LLL MANAC71NCr PARWEx, Mark A (Notarize) TC(( Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .. i�i�im< �f 0f�•.�t.T cl<.c� s3<.:a cCi.. <.ciUit!i�Nsi'Cv'.Kc�N.i�t!aKa ai<.vaLA<si i�C nL0 c�Lt�Cv�.✓a .� c�G:� sf. 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 Californi County of On — before me. Date personally appeared Name and Title 6f the Officer 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. JANA DEE MILLER Notary Public— California y- San Diego County Commission # 2186633 My Comm. Expires Apr 11. 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES y ha t nd official seal. r Signa Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or a of Document: Number of s: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claim signers) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Genera ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Cor F1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: B!Qner Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1-800-OMOTARY (1-800-876-6827) Item #5907 �e 6170 EXHIBIT "A!' Legal Description LOT 5 OF CITY OF POWAY TRACT 3971-R, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10754 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 7, 1983. Exhibit B RESOLUTION NO. P-17-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 17-003 AND MINOR DEVELOPMENT REVIEW APPLICATION 16-058 ASSESSOR'S PARCEL NUMBER 323-201-22 WHEREAS, Martin Harris, on behalf of MLGP&L LLC, has submitted a request for approval of a Minor Conditional Use Permit (MCUP) and Minor Development Review Application (MDRA) to establish vehicle service and repair as an accessory use for a Poway Auto Group dealership by converting 1,660 square feet of an existing showroom to four service bays. The property is located at 13864 Poway Road, in the Automotive General Commercial (AGC) zone and Poway Road Specific Plan area; WHEREAS, the proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption, pursuant to Section 15303 of the CEQA Guidelines, in that the project involves minor interior and exterior alterations and conversion of use in a small area of an existing building; and WHEREAS, on August 1, 2017, 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 MCUP 17-003, 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 Permits Regulations), the General Plan, and the development policies and standards of the City in that vehicle repair and service is allowed in the AGC zone with a MCUP and the project will comply with all City development regulations. 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 project will comply with all City development regulations. 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 will occupy a developed building. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use. Resolution No. P-17-15 Page 2 E. There will not be a harmful effect upon desirable neighborhood characteristics in that the use will comply with all City development regulations. 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 in that this use will not generate more traffic than that associated with a typical commercial use. G. The site is suitable for the type and intensity of use and development, in that the project site is already developed with commercial building and establishment of this use in the existing building will not generate more traffic than that is associated with typical commercial uses. The addition of vehicle service and repair will not increase traffic to and from the site. H. There will not be significant harmful effects upon environmental quality and natural resources in that the site is currently fully developed and contains no natural habitat. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. 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. K. That the proposed conditional use will comply with each of the applicable provisions of Title 17, except for approved variances. Section 2: The findings for MDRA 16-058, in accordance with PMC 17.52.010 Purpose of Development Review, are made as follows: A. The proposed modifications to the building have been designed to be architecturally compatible and in scale with the existing building and surrounding development. Therefore, the project recognizes the interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to minimize impacts on surrounding development in that the design, and exterior finish and colors will blend visually, and be compatible with the surrounding commercial buildings and residential development. Therefore, the proposed development encourages the orderly and harmonious appearance of structures and property within the City. Resolution No. P-17-15 Page 3 C. The granting of the MDRA would not be materially detrimental to the public health, safety, or welfare within the community since the proposed project involves the establishment of auto repair within an existing building that is already served by or can be served by adequate infrastructure. A noise study prepared for the project determined that there would be no impacts. D. The project has been designed to be consistent with development in the surrounding area in that the design, and exterior finish and colors of the modifications will blend visually and be compatible with the existing on-site commercial building. Therefore, the proposed development respects the public concerns for the aesthetics of development. E. The project will not have an adverse effect on the aesthetics, health, and safety, or an architecturally -related impact upon adjoining properties, in that the proposed installation of service bays with roll -up doors will be visually compatible with the existing on-site and neighboring commercial buildings. F. The design of the proposed development is consistent with all elements of the Poway General Plan, as well as conforming with the applicable provisions of the Zoning Code. Section 3: The City Council hereby approves MCUP 17-005 and MDRA 16- 058 to establish vehicle service and repair within the existing building and modify the building located at 13864 Poway Road, as shown on approved plans on file at the City, subject to the following conditions: A. Approval of this MCUP 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. Resolution No. P-17-15 Page 4 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 MCUP 17-005 and MDRA 16-058 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits, and the heirs, executors, administrators, successors, and assigns of each of them, including municipal corporations, public agencies and districts. MCUP 17-005 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. The applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the applicant shall comply with the following: The applicant shall comply with the codes, and all other applicable codes of Building Permit issuance. latest adopted building and electric and ordinances in effect at the time (Engineering) 2. All spoil materials from footings and foundations shall be legally disposed of off-site or if the material is to remain onsite, the material shall be placed per the requirements of the City grading ordinance. 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. 4. 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 project inspector. 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. T Resolution No. P-17-15 Page 5 The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. The current fee amount is $2,636. 7. A minimum cash security for erosion control for $2,000 is required. 8. Prior to start of any work within a City -held easement or right-of-way, a Right -of -Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. (Public Works) 9. The building plans shall provide recycling and solid waste dumpsters in compliance with the PMC Section 8.68.175 to the satisfaction of the Director of Public Works. (Planning) 10. The building plans shall depict all roof appurtenances, including air conditioners, architecturally integrated, screened from view and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 11. The building plans shall identify the exterior building colors and materials consistent with the approved project plans on file in the Development Services Department. The following requirements shall be addressed to the satisfaction of the Fire Marshal: 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) 668-4473 to set up a meeting prior to submitting building plans in order to review project requirements. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. Buildings shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Each building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff Department-ASTREA criteria. 4. A 2A10BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. Resolution No. P-17-15 Page 6 The applicant shall provide a detailed plan for all storage areas and a complete racking plan, when applicable. 6. 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. The following requirements shall be addressed prior to approval of occupancy: 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. (Engineering) 2. Any extension of proposed or existing utilities required to serve the project shall be installed underground. 3. 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. J. Upon establishment of the proposed use, pursuant to MCUP 17-003 and MDRA 16-058, the following shall apply to the satisfaction of the Director of Development Services: 1. The parking areas and driveways shall be well maintained. 2. The owner or operator of the facilities shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this Permit. 3. 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. 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 percent of the trees' leaf surface. Resolution No. P-17-15 Page 7 4. Onsite parking shall be made available for employees at all times. Sufficient onsite employee parking shall be provided to accommodate the peak employee shift. Employee parking spaces shall be kept clear of vehicles in for service or repair, and vehicles that are for sale. Employee parking is prohibited within the nearby residential areas. 6. Required employee and visitor parking stalls shall be so labeled by painting the designation on the asphalt. 7. Outdoor lighting shall be shielded to limit light spillage onto adjoining properties. All storage lot lighting shall be turned off at 10:00 p.m. each night. No additional exterior lighting is permitted. Automatic timers shall be installed on any exterior lighting to ensure compliance with this standard. B. All delivery and unloading or loading of new or used vehicles made by automobile carriers or any other transport shall be made onsite (dealership premises). All automobile transport carrier vehicles shall enter the site from Evanston Drive. No delivery and unloading or loading of new or used vehicles made by automobile carriers or any other transport shall be made on any public street pursuant to PMC Section 12.26. 9. Onsite loading and unloading of an automobile, car, or pick-up truck, from a truck with the capacity to transport more than one such vehicle, is not permitted unless delivery complies with all of the following: a. No deliveries will occur on public streets. b. No delivery truck will enter residential areas. C. Delivery hours for vehicles are restricted to between 7:30 a.m. and 6:00 p.m. Monday through Saturday. No deliveries are permitted on Sundays. 10. Delivery of parts and supplies is not permitted on public streets or on the subject site. Onsite delivery hours for parts and supplies are restricted to Monday through Friday, 7:00 a.m. to 7:00 p.m. and Saturday from 7:00 a.m. to 6:00 p.m. 11. The applicant shall continue to actively participate in the use of the vehicle delivery/storage lot established by the City at 13875 Kirkham Way in situations where vehicle storage cannot be achieved fully on the project site, and when surplus vehicle inventory storage is needed to ensure that adequate onsite parking is available for employees and customers at the project site. Resolution No. P-17-15 Page 8 12. No amplified sound shall be generated by this business. This includes, but is not limited to, paging, public address, music, or other such devices that may generate noise audible to the adjacent residential uses. 13. No for -sale vehicles or vehicles that are in for service shall be test driven in the residential areas surrounding the site. 14. All auto repair, service work, and/or car mechanical washing shall be conducted entirely within the buildings. Section 4: The approval of MCUP 17-003 and MDRA 16-058 shall expire on August 1, 2019, 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 MCUP and MDRA 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, California, at a regular meeting this 1st day of August 2017. teve Vaus, Mayor ATTEST: II KIII/I&H Eff-I Resolution No. P-17-15 Page 9 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. P-17-15 was duly adopted by the City Council at a meeting of said City Council held on the 1st day of August 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE no(Ne f d, CMC, City Clerk City of Poway