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Covenant Regarding Real Property 2018-0091850 DOC# 2018-0091850 RECORDING REQUEST BY: ) IllIII ulllllllllll1lllll1 III 1 1u1110111l1lllIII11111RIM Mar 08, 2018 01:26 PM CITY ) OFFICIAL RECORDS OF POWAY Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER WHEN RECORDED MAIL TO: ) FEES: $110.00 (SB2 Atkins: $75.00) CITY CLERK ) • PAGES: 8 CITY OF POWAY ) PO BOX 789 ) POWAY CA 92074-0789 ) (This space for Recorders Use) APN: 323-060-02-00 CUP 17-018 COVENANT REGARDING REAL PROPERTY Roben Mansur ("OWNER" hereinafter) is the owner of real property commonly known as 14251 Garden 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 Conditional Use Permit (CUP) 17-018 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 In the event that CUP 17-018 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 17-018, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 17-018 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. pp R OR AUTHO IZED AGENT: Dated: 3 - I - l b Roben Mansur(Notarize) CITY OF OWAY: 2/ o' Dated: 3/01 By: overt J. Manis, irecto of Owl lopment Services Exhibit A LEGAL DESCRIPTION Real property in the City of Poway, County of San Diego, State of California, described as follows: THE EASTERLY 164.00 FEET OF THE WESTERLY 260.00 FEET OF THE NORTHERLY 164.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 18,TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF APN: 323-060-02-00 Exhibit B RESOLUTION NO. P-18-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP) 17-018 AND VARIANCE (VAR) 18-001 ASSESSOR'S PARCEL NUMBER 323-060-02 WHEREAS, an application has been submitted, by Mr. Roben Mansur, requesting approval of a Conditional Use Permit (CUP) to establish a vehicle/truck rental use and a Variance (VAR) to reduce the required 20-foot landscape setback requirement at 14251 Garden Road; and WHEREAS, on February 6, 2018, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: This project is Categorically Exempt from the California Environmental Quality Act (CEQA) as Class 1, 3, 11 and 32 Categorical Exemptions, in that the project involves a zone change, conditional use permit and variance that will result in negligible modification of an existing small parking area to allow truck rental parking as an accessory to the existing commercial use. The project will be consistent with the City's General Plan policies and applicable zoning regulations consistent with the Commercial General zoning designation, is less than five acres substantially surrounded by urban uses, has no value as habitat for endangered, rare or threatened species since the site is already improved, will not result in any significant effects relating to traffic, noise, air quality or water quality, and is adequately served by all required utilities and public services. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) for CUP 17-018, 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 equipment rental is allowed in the Commercial General (CG) zone with a CUP and the improvements proposed as part of the parking/storage of rental vehicles/trucks are consistent with the City's General Plan development policies and standards. 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 improvements associated with the proposed use will enhance the street frontage on Claire Drive. 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 equipment rental operations will not obstruct required on-site parking or emergency vehicle access. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use. Resolution No. P-18-01 Page 2 E. There will not be a harmful effect upon desirable neighborhood characteristics in that the equipment rental has been situated as far as possible from Garden Road. 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 a commercial building and establishment of the equipment rental 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. 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. K. That the proposed conditional use will comply with each of the applicable provisions of this title. Section 3: The findings, in accordance with Section 17.50.070 of the Poway Municipal Code (PMC) for VAR 18-001, are as follows: A. That there are special circumstances applicable to the property and because of this the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. The special circumstances include that the developable area of the property is constrained due to a storm water channel that bisects the southerly property, limiting the developable area. B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and zone, and denied to the property for which the Variance is sought, in that the storm water channel inhibits development of the property that other properties in the area are not constrained by, and would otherwise be able to develop. C. Granting the Variance would not be materially detrimental to the public health, safety or welfare in the vicinity and zone in which the property is located in that the improvements include completion of Claire Drive roadway improvements that currently do not exist. D. Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that the landscape area will be consistent with or better than other commercial landscape areas in the neighborhood. E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the zoning development regulations governing the property. Resolution No. P-18-01 Page 3 F. Granting the Variance will be compatible with the Poway General Plan because an equipment rental use is a conditionally permitted use and other roadway improvements will be completed consistent with the City's General Plan policies. Section 4: The City Council hereby approves CUP 17-018 and VAR 18-001, contingent upon approval of Zone Change 17-003, to establish equipment rental on the site located at 14251 Claire Road 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. A 10-foot deep landscape planter shall be installed along Claire Drive, south of the existing access, to the southerly property line, in compliance with City landscape requirements. E. Plans for the vehicle/truck rental parking area shall reviewed and approved by the Development Services Department prior to business certificate issuance for the equipment rental use. F. A landscaping and irrigation plan shall be submitted and approved by the Planning Division prior to business certificate issuance of the equipment rental use. G. The applicant shall submit a grading plan for the vehicle storage lot and to improve Claire Drive to public roads standards which includes 20' of pavement and curb and gutter prior to business license issuance. H. The applicant shall dedicate an Irrevocable Offer of Dedication (IOD) for the 30' half width of Claire Drive prior to business license issuance. 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. Resolution No. P-18-01 Page 4 K. The terms and conditions of CUP 17-018 and VAR 18-001 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. L. CUP 17-018 and VAR 18-001 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. M. The site shall be kept in an orderly and well-maintained condition at all times. Section 5: The approval of CUP 17-018 and VAR 18-001 shall expire on February 7, 2020, at 5:00 p.m. unless, prior to that time, establishment of the use on the property in reliance on this CUP approval has commenced prior to its expiration. Section 6: The parties are hereby informed that the time within which judicia! 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 6th day of February 2018. Steve Vaus, Mayor . 1 ATTEST: .LAI L I.f Nancy / -uf-Id, C, City Clerk Resolution No. P-18-01 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-18-01 was duly adopted by the City Council at a meeting of said City Council held on the 6th day of February 2018, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS NOES: NONE • ABSENT: NONE DISQUALIFIED: NONE /) Na cy euf Id, ity Clerk City of Poway CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 Diego On March 1, 2018 before me, Ana Marie Alarcon, Notary Public Minsert are nene and of the officer) personally appeared Roben Mansur 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. ANA MARIE ALARCON! �..: WITNESS my hand and official seal. ir Commission No.2120463 z ah/tr a...'. , NOTARY PUBLIC-CALIFORNIA ' P SAN DIEGO COUNTY J My Comm.Expires JULY 23.2019 Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statures regarding notary wording and. DESCRIPTION OF THE ATTACHED DOCUMENT f needed,should be completed and attached to the document.Acknowledgments from other stales may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary Covenant Regarding Real Property law. (Tide or description of attached document • State and County information must be the State and County where the document signcr(s)personally appeared before the notary public for acknowledgment. (Title a description of attached document continued) • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages 8 Document Date 03/01/18 • commission followed by a comma and then your title(notary public). • Print the names) of document signers) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 7 Individual (s) hhe/shehy islace)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. Indicate the enp9rity claimed by the signer. If the claimed capacity is a corporate officer,indicate the tide(i.e.CEO,CEO,Secretary). www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.