Covenant Regarding Real Property 2018-0197031RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 323-100-04
MCUP 17-002
DOC# 2018-0197031
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
May 16, 2018 12:26 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $104.00 (SB2 Atkins: $75.00)
PAGES: 6
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Andrew Kean ("OWNER" hereinafter) is the owner of real property commonly known as 14710
Beeler Canyon Road ("PROPERTY hereinafter).
In consideration of the approval of Minor Conditional Use Permit (MCUP) 17-002 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In the event that MCUP 17-002 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by MCUP 17-002, upon the request of the OWNER the CITY shall expunge this
Covenant from the record title of the PROPERTY and MCUP 17-002 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: A ( 8
OWNER OR AUTHORIZED AGENT:
� .��
A4ndrew Kean, (Notarize)
/ CITY OF P WAY:
f�
Dated: ✓ 7 (0 By:/W/�/ A/�" -
bert J. Manisa, Dir'e'ctor/of D�&pment 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 ) A 1 1
On b v before me, P.vw, U — \\ \\e(,, Y1VC 4 0,�7'iL
Date n Here Insert Name and Title ol the Officer
personally appeared
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.
KEVIN SCOTT MILLER
Commission # 2079053
Notxy Pibllo - California z
FV�i .z D
San Diego County
Contra. Expires Au 22, 2018
Place Notary Seal Above
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.
� r•-
Signature t '` IM, �l
Signature of Notary Public
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 Docum nt
Title or Type of Document:
Document Date: Q t�-�/ �
Signer(s) Other Than Named Above:
Capacity(les) Claim of by Signers JJ
Signer's Name: r�yfilJ (edvl
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
ndividual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
of
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
RESOLUTION NO. P-18-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL
USE PERMIT 17-002 ASSESSOR'S PARCEL NUMBER 323-100-04
WHEREAS, Minor Conditional Use Permit (MCUP) 17-002 was submitted by Andrew
Kean, Applicant, for a proposal to request to keep four existing seatainers on the property located
at 14710 Beeler Canyon Road in the South Poway Specific Plan with an Open Space - 1 Dwelling
Unit (OS-1DU) land use designation; and
WHEREAS, on May 1, 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 17-002 to allow the keeping of four seatainers, 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
seatainers are permitted with the approval of an MCUP, and they will be olive green in
color and sited so that they blend in with surroundings 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 seatainers are placed a
significant distance away from neighboring residential buildings.
C. The size of the seatainers are 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 seatainers have been sited to comply with the General Plan, South Poway Specific
Plan, and PMC standards, and their color is compatible with surrounding development.
Therefore, there will not be a harmful effect upon desirable neighborhood characteristics.
F. The keeping of the seatainers will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General Plan.
EXHIBIT A
Resolution No. P-18-14
Page 2
G. The site is suitable for the type and intensity of use or development that is proposed in
that the seatainers will be kept on a large property in a rural area 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 seatainers will 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 seatainers.
There are no relevant negative impacts of the proposed use that cannot be mitigated
J. The seatainers are an allowable accessory use for properties designated OS-11DU in the
South Poway Specific Plan with the approval of a MCUP. 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 17-002, 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-18-14
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 17-002 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 17-002 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 applicant shall submit an application for the
required building permit for the existing modifications to the seatainers.
H. The use of the seatainers is limited to storage. The seatainers and the adjoining shade
structures are to be used for the storage of tools, equipment, files and home goods. The
use of these seatainers as habitable structures is prohibited.
Section 4: The approval of MCUP 17-002 shall expire on May 1, 2020, at 5:00 p.m.
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 1st day of May 2018.
Steve Vaus, Mayor
ATTEST:
Na�eu eld, CMC, City Clerk
Resolution No, P-18-14
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-18-14 was duly adopted by the City Council
at a meeting of said City Council held on the 1 st day of May 2018, and that it was so adopted by
the following vote:
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
.Y/.dl X w
Na cy ' emu eId,'CMC, City Clerk
City of Poway