Covenant Regarding Real Property 2018-0338983RECORDING REQUEST BY:
CITY OF POWAY
DOC# 2018-0338983
111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Aug 17, 2018 11:08 AM
OFFICIAL RECORDS
Ernest J. Dronenburg,Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $107.00 (SB2 Atkins: $75.00)
WHEN RECORDED MAIL TO: ) PAGES: 7
CITY CLERK )
CITY OF POWAY )
P O BOX 789 )
POWAY CA 92074-0789 )
(This space for Recorder's Use)
APN: 317-270-14
CUP 18-008
COVENANT REGARDING REAL PROPERTY
Jach Realty I, LLC ("OWNER" hereinafter) is the owner of real property commonly known as 13175
Gregg Street ("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) 18-008 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In the event that CUP 18-008 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by CUP 18-008, upon the request of the OWNER the CITY shall expunge this Covenant
from the record title of the PROPERTY and CUP 18-008 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: 2 7 l<Y
Dated:
OWNER OR AUTH ZED AGENT:
Jach gealty I, LLC
CITY
M
(Notarize)
Partner
s
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
IA 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 &
County of --�/V
On �&before me ✓U/U( L• S,�10 7iY�.� 72 Notary Public
personally appeared
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 e4
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JONI L. SHOEMAKER
Notary Public - California
` San Diego County €
Commission k 1134738
My Comm. Expires Mar 25, 2022 '
Notary P c Signature
(Notary Public Seal)
LEGAL DESCRIPTION
THE PROPERTY IS LOCATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS PRESENTLY DESCRIBED AS LOT 59 OF CITY OF POWAY TRACT MAP
NO. 85-04 (UNIT 11) ACCORDING TO MAP THEREOF NO. 12572 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 28, 1990 AS INSTRUMENT NO.
90-107515 OF OFFICIAL RECORDS.
END OF LEGAL DESCRIPTION
EXHIBIT A
RESOLUTION NO P-18-20
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA APPROVING CONDITIONAL USE
PERMIT 18-008 ASSESSOR'S PARCEL NUMBER 317-270-14
WHEREAS, an application has been submitted requesting approval of Conditional Use
Permit (CUP) 18-008, which is a modification to previously approved CUP 11-02, to establish an
outdoor storage area for an existing automobile body repair facility located at 13175 Gregg Street,
in the Light Industrial (LI) area of the Poway Business Park; and
WHEREAS, on July 17, 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 City Council finds that the proposed project is covered by the Negative
Declaration approved for CUP 11-02 dated August 21, 2012, and the Negative Declaration
approved for SPA 13-006/outdoor storage regulations dated March 5, 2014, therefore, additional
environmental review for this project is not required.
Section 2: The findings, in accordance with Section 17 48.070 of the Poway Municipal
Code (PMC) for CUP 18-008, 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 outdoor
storage is allowed in the LI zone and the storage has been situated on the site to minimize
its visibility
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 outdoor storage has been
situated to minimize its visibility
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 outdoor storage has been
situated so that it does 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.
E. There will not be a harmful effect upon desirable neighborhood characteristics in that the
outdoor storage has been situated to minimize its visibility
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 industrial use.
EXHIBIT B
Resolution No. P-18-20
Page 2
t G The site is suitable for the type and intensity of use and development, in that the project
site will be developed with industrial building and establishment of the outdoor storage will
not generate more traffic than that is associated with typical industrial 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.
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 City Council hereby revokes Condition of Approval J from City Council
-Resolution P--11-11 for CUP -11 -02, --which reads as follows;
Outdoor storage of materials/parts, equipment, waste materials (other than that
within the onsite trash enclosure area), and vehicles waiting repairs is not
permitted.
' All other Conditions of Approval in Resolution P-11-11 remain applicable. The City Council
hereby approves CUP 18-008 to establish outdoor storage on the site located at 13175 Gregg
Street, as shown on approved plans on file at the City and as described in the submitted
application, subject to the fallowing 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
Resolution No P-18-20
Page 3
1 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 this CUP 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 The CUP 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 area of outdoor storage shall be limited to the area depicted on the approved site plan
on file with the City and shall not obstruct emergency vehicle access.
H. Adequate measures shall be taken to ensure outdoor storage does not cause storm water
quality issues to the satisfaction of the Engineering Division.
Section 4 The approval of CUP 18-008 shall expire on July 17, 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 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
1 Civil Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 17th day of July 2018
leve Vaus, Mayor
ATTEST
ancy MAI& CMC/City Clerk
Resolution No. P-18-20
Page 4
1 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-18-20 was duly adopted by the City Council
at a meeting of said City Council held on the 17th day of July 2018, and that it was so adopted by
the following vote.
AYES LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES NONE
ABSENT NONE
DISQUALIFIED- NONE
J
Naa*y AeOfeld, CMC, City Clerk
City of Poway