Covenant Regarding Real Property 2017-0428066y�
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 323.190-65
MCUP 17-005
DOC# 2017-0428066
Sep 19, 2017 09:22 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO533 COUNTY
RECORDER
PAGES:7
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
UWV-Poway Road, LLC ("OWNER" hereinafter) is the owner of real property commonly known as
14168 Poway Road and Accessor Parcel Number 323-190-65 ("PROPERTY hereinafter).
In consideration of the approval of Minor Conditional Use Permit (MCUP) 17-005 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In the event that MCUP 17-005 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by MCUP 17-005, upon the request of the OWNER the CITY shall expunge this
Covenant from the record title of the PROPERTY and MCUP 17-005 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 OR AUTHORIZ D AGENT:
Dated: 9 /S117
Alex Mickle (Notarize)
Member of UWV-Poway Road, LLC
p CITY OF POWAY:
Dated: /l3 h By: � Z ete-,17
o ert J. Manis, ec or De lop ent Services
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 A J NW
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On SePiemhel., IS 3Qi7 beforeme,o i � 410 •L,
Da et Here Insert Name and Title of the O cer
personally appeared Ales it UP
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.
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certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature I,., i 0r` a, )
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 Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Exhibit A
RESOLUTION NO. P-17-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR
CONDITIONAL USE PERMIT 17-005 ASSESSOR'S
PARCEL NUMBER 323-190-65
WHEREAS, Melo Gusman, on behalf of Poway Powersports, has submitted a
request for approval of a Minor Conditional Use Permit (MCUP) to establish vehicle
service and repair, as an accessory use for a Poway Honda dealership, within an existing
building located in the multi -tenant commercial center at 14168 Poway Road, in the
Automotive General Commercial (AGC) zone; and
WHEREAS, on August 15, 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 City Council finds that 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.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC) for MCUP 17-005, 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 ACG zone
with a MCUP and the project will comply with 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 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
the developed building.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
Resolution No. P-17-17
Page 2
E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the use will comply with development regulations.
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 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. -
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.
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.
K. That the proposed conditional use will comply with each of the applicable
provisions of this title.
Section 3:. The City Council hereby approves MCUP 17-005 to establish vehicle
service and repair within the existing building located at 14168 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.
Resolution No. P-17-17
Page 3
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 MCUP 17-005 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.
F. 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. 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. 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. The following is required to the
satisfaction of the Director of Safety Services:
1. Permanent access roadways for fire apparatus shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
2. 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.
3. A 2A10BC fire extinguisher(s) are required for office areas every 3,000
square feet and 75 feet of travel distance.
Resolution No. P-17-17
Page 4
The applicant shall provide a detailed plan for all storage areas and a
complete racking plan, when applicable.
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.
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.
Outdoor repair work is not permitted.
K. Outdoor storage of vehicles awaiting service/repair is not shown nor approved with
this application. Outdoor storage may be approved by City staff as an
administrative amendment to MCUP 17-005, provided compliance with all City
standards can be demonstrated.
L. The site shall be kept in an orderly and well-maintained condition at all times
Section 4: The approval of MCUP 17-005 shall expire on August 15, 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 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 15th day of August 2017.
Steve Vaus, Mayor
ATTEST:
/i. J � /�
' _
Resolution No. P-17-17
Page 5
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-17-17 was duly adopted by
the City Council at a meeting of said City Council held on the 15th 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
/T�.ae �lfiY
Nanc a eld, City Clerk
City of Poway