Covenant Regarding Real Property 2018-0155616RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
DOC# 2018-0155616
Apr 19, 2018 12:19 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $113.00 (SB2 Atkins: $75.00)
(This space for Recorder's Use)
APN: 321-110-31
MCUP 17-007
COVENANT REGARDING REAL PROPERTY
PAGES:9
Firenze Family Trust 07-13-15 ("OWNER" hereinafter) is the owner of real property commonly
known as 15970 Misty Meadow 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) 17-007 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In the event that MCUP 17-007 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by MCUP 17-007, upon the request of the OWNER the CITY shall expunge this
Covenant from the record title of the PROPERTY and MCUP 17-007 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 AUTHORIZED AGENT:
Dated: 9-t8-13
Michael F0nzo, Trusteg, (Not --
Dated:
IStephanie Fir, nz , Trustee, rim)
p CITY OF P AY:
Dated: U By:
bent J. Mi -n' , D rec r D elopment Services
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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 r: I 1 Y , ao I Y before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared (niaxekeI t-„eerl2e
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.
YVONNE MANNION
Notary Public -California
San Diego County£
Commission k 2201766
My Comm. Expires Jun 18, 2021
I 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.
SignaturewA-^/Z— k°A^''0
—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(les) 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:
Y{`Y•'YS'Y 'v eiG'Y '✓ b:\Y 'ry YS'Y
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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 - 117 018 before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Cte-n"e, F-)r'en 2- e,
Names) 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.
YVONNE MANNION
Notary Public - California
San Diego County
Commission x 2201766
My Comm. Expires Jun 18, 2021
I 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 V nAA— A.'4 J
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:
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RXIIIJOIFIffe Mi. NO
EXHIBIT "A"
Legal Description
For APN/Parcel IDlsl: 321-110-31
Parcel 1
The West 1045 feet of that portion of Lots 1 and 2 and the Southeast Quarter of the Northeast Quarter
and the Southwest Quarter of the Northeast Quarter of Section 4, Township 14 South, Range 1 West, San
Bernardino Meridian, in the County of San Diego, State of California, according to the official Plat Thereof,
described as follows:
Commencing at the Southeast Corner of Said Lot 1; thence South 010 11' 19" East along the Easterly Line
of Said Section 4, a Distance of 80.00 Feet to the Northeast Corner of Land Described in Deed to Lillie W.
Byers and Edith W. Bradshaw, Recorded.June 14, 1954, in Book 5269, Page 170 of Official Records;
Thence North 88" 23' 30" West along the Northerly line of said Land 473.74 feet to the true point of
beginning, being a point on the center line of the poway or Mt. Woodson road -county road D-9-1- as said
road existed and was located on April 10, 1945, being also the North corner of Land described in deed to
Lillie W. Byers and Edith W. Bradshaw, recorded June 14, 1954, in book 5269, page 172 of official
records; thence continuing North 88° 23' 30' West along the Northerly line of Said Land 2138.31 feet;
thence leaving said Northerly line, North 00° 54'57" West, 450.14 Feet; Thence South 880 23'30' East,
1650.09 Feet; Thence South 010 03' 11" East, 75.08 feet to a point herein designated as point "A'; thence
South 88° 23'30" East, 589.46 Feet to the Center Line of the Aforementioned County Road D-9-1, Being
Also a Point in the Westerly Line of Land Conveyed to Ralph C. Walker by Deed Dated April 10, 1945 and
Recorded in Book 1869, Page 135 of Official Records; Thence along Said Westerly Line and along the
Center Line of Said County Road, South 010 50'30" West, 208.29 feet to the beginning of a tangent
200.00 foot radius curve therein, Concave Westerly; thence Southerly along said curve through a central
angle of 440 24'00" a Distance of 154.98 Feet; Thence Tangent to Said Curve, South 46" 14' 30" West,
37.67 feet to the true point of beginning.
Except therefrom the Westerly 485.00 feet.
Parcel 2:
An easement and right of way for road and public utility purposes over, under, along and across a strip of
Land 60.00 feet in width lying within Lot 1 and the Southeast Quarter of the Northeast Quarter of Section
4, Township 14 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of
California, according to the official Plat Thereof, the Southerly Line of said 60.00 foot strip described as
follows:
Commencing at the Southeast Corner of Said Lot 1; thence South 01° 11' 19" East along the Easterly Line
of Said Section 4, a Distance of 80.00 Feet to the Northeast Corner of Land Described in Deed to Lillie W.
Byers and Edith W. Bradshaw, Recorded June 14, 1954, in Book 5269, Page 170 of Official Records;
Thence North 880 23'30 West along the Northerly Line of Said Land 473.74 Feet to the True Point of
Beginning, Being a Point on the Center Line of the Poway or Mt. Woodson Road -County Road D-9-1- as
Said Road Existed and Was Located on April 10, 1945, Being Also the Northeast Corner of Land
Described in Deed to Lillie W. Byers and Edith W. Bradshaw, Recorded June 14, 1954, in Book 5269,
Page 172 of Official Records; Thence Continuing North 88° 23' 30" West along the Northerly line of said
Land to an intersection with the Easterly line of Parcel 1 above.
The Northerly sideline of said 60.00 foot strip to terminate in the Easterly line of Parcel 1 above and the
center line of Said County Road D-9-1.
EXHIBIT "A"
Legal Description
The easement herein described is hereby declared to be appurtenant to and for the use and benefit of the
present and future owners of all or any portion of Parcel 1 above.
EXHIBIT B
RESOLUTION NO. P-18-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE
PERMIT 17-007 ASSESSOR'S PARCEL NUMBER 321-110-31
WHEREAS, Minor Conditional Use Permit (MCUP) 17-007 was submitted by Michael
Firenze, Applicant, for a proposal to request to keep an existing seatainer on the property located
at 15970 Misty Meadow Road in the Rural Residential A (RR -A) zone; and
WHEREAS, on March 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: The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section 15303(e) of the
CEQA Guidelines, which exempts the construction, conversion and location of small facilities and
structures, including accessory structures on single-family residential properties.
Section 2: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code
(PMC), to approve MCUP 17-007 to allow the keeping of a seatainer, 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
container is permitted with the approval of a Minor Conditional Use Permit, and it will be
tan in color and sited so that it blends in with existing buildings on the site and will
otherwise comply with all of the relevant codes and standards of the City of Poway.
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 seatainer is placed near the
center of the property away from neighboring residential properties.
C. The size of the seatainer is similar to other detached non -habitable structures in a rural
residential neighborhood. Therefore, the harmony in scale, bulk, coverage, and density
of the project is consistent with adjacent uses.
D. There are adequate public facilities, services and utilities available at the subject site to
serve the proposed use.
E. The storage container has been sited to comply with the General Plan and PMC
standards, and its color is compatible with surrounding development. Therefore, there will
not be a harmful effect upon desirable neighborhood characteristics.
F. The keeping of the seatainer will not adversely impact the capacity and physical character
of the surrounding streets and/or the Circulation Element of the General Plan.
Resolution No. P-18-05
Page 2
G. The site is suitable for the type and intensity of use or development that is proposed in
that the seatainer would be kept on a large property in a rural neighborhood where the
keeping of storage structures that do not match the architecture of the main residence are
common.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the seatainer would be kept in an area that currently does not contain
native habitat and no expansion of the existing vegetation fire fuel management zone is
required for the seatainer.
There are no relevant negative impacts of the proposed use that cannot be mitigated.
J. A seatainer is an allowable accessory use in the RR -A zone with the approval of a Minor
Conditional Use Permit. 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 minor conditional use will comply with each of the applicable provisions
of this title, except for approved variances.
Section 3: The City Council hereby approves MCUP 17-007, as shown on the
approved plans on file with the City, subject to the following conditions:
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 MCUP 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.
Resolution No. P-18-05
Page 3
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 MCUP 17-007 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. MCUP 17-007 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.
G. Within one month from this approval, the existing lettering/logo on the seatainer shall be
removed and the exterior color of the unit shall be painted to match the color of the existing
house to the satisfaction of the Director of Development Services,
H. The use of the seatainer is limited to storage.
Section 4: The approval of MCUP 17-007 shall expire on March 6, 2020, at 5:00 p.m.
unless, unless, prior to that time, use 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 6th day of March 2018.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeldf, CMC, City Clerk
Resolution No. P-18-05
Page 4
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-18-05 was duly adopted by the City Council
at a meeting of said City Council held on the 6th day of March 2018, and that it was so adopted
by the following vote:
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
ya�Nacy eUfelc
Cy Clerk
City of Poway