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Covenant Regarding Real Property 2019-0050934 DOC# 2019-0050934 I IIIIII VIII IIIII IIIII IIII IIIIII I ISI IIIII IIIII I ISI II II IDII IIII II II RECORDING REQUEST BY: ) Feb 12, 2019 03:26 PM OFFICIAL RECORDS CITY OF POWAY ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER WHEN RECORDED MAIL TO: ) FEES: $188.00 (SB2 Atkins: $150.00) CITY CLERK ) PAGES: 9 CITY OF POWAY ) PO BOX 789 ) POWAY CA 92074-0789 ) (This spaco for Recorder's Use) APN: 317-271-46 and 317-271-67 CUP 18-017 COVENANT REGARDING REAL PROPERTY Hitec RCD USA Inc. ("OWNER" hereinafter) is the owner of real property commonly known as 12115 Paine 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 18-017 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 In the event that CUP 18-017 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 18-017, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 18-017 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: Hitec-RGD SA Inc. 7 Dated: ,2/J ��-- • Bryan A. S aw (Notarize) (Lts: 6;Y o CITY OF PO AY: Dated: f•2/74f•2/747 By: d‘f)( o ert J. Manis, ir6cto of De e ,pment 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 - San Diego ) On Fe inn AfMj .1 i ii.)OIA before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared RH 1.1 ) fcl. ShA 0 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(Sjislare subscribed to the within instrument and acknowledged to me thattietshe/they executed the same in IS/her/their authorized capacity(ies), and that byhvs'/her/their signature(S)on the instrument the person(st 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. YVONNE MANNION Notary Public-California WITNESS my hand and official seal. i E..- "i San Diego County `tiZ..pj/ Commission a 2201766 •i" My Comm.Expires Jun 18.2021 Signature 1I Vo,i uL rL1A..n;3 /�/ 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: roDan all- lr is 0 P�( {pN,DelLf —C'cip u $ -D n Document Date: J Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact 0 Individual ❑Attorney in Fact O Trustee ❑ Guardian or Conservator 0 Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: accillact.."sc:Wi4tti4titA 16... .6AIgClon:SEL. .L4a-4,roc.56.Sc 'ewSts,sCidotF.tw.1k4S a+,4.eA.c^swle..1/1.. r ^S:s.a4 aLliecL,..4et ri44 ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 Legal Description The land hereinafter referred to is situated in the City of Poway, County of San Diego, State of CA, and is described as follows: Parcel A: • Lot 46 of City of Poway Tract 86-02R (1) Poway Corporate Center Unit 1, in the City of Poway, County of San Diego;State of California, according to Map thereof No. 12853, filed in the Office of the County Recorder of San Diego County,August 19, 1991. Parcel B: Parcel 8 of•Parcel Map No. 16741, in the City of Poway, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 10, 1992. APN: 317-271-46-00 APN: 317-271-67-00 • • • • EXHIBIT A RESOLUTION NO. P-19-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 18-017 APN: 317-271-46 & 317-271-67 WHEREAS, CUP 18-017 submitted by Stephen Rosko of SoCal TTC, Inc., applicant, requests a Conditional Use Permit' (CUP) to operate a gymnastics school within an existing building located at 12115 Paine Street within the South Poway Specific Plan with a Light Industrial (LI) land use designation; WHEREAS, on February 5, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed revisions to the project and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council finds that Conditional Use Permit 18-017 is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project involves minor alterations to an existing building, and the operation of a recreation facility which is allowed as a conditional use by the underlying LI land use designation. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) (Findings required for a conditional use permit), for CUP 18-017 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 indoor recreational uses within a building of over 5,000 square feet are permitted as a conditional use within the LI zone. The proposed project meets all City development 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 gymnastics school will be located within an existing industrial building with all business operations occurring inside the building. Additionally, a majority of the business operating hours are offset from the typical operating hours of businesses in the South Poway Business Park. Sufficient parking will be provided on-site to accommodate the use. C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with adjacent use in that the proposed gymnastics school will be operating within an existing building with no proposed changes to the building and the only proposed change to the site is the striping of additional parking spaces at the north end of the existing parking lot. EXHIBIT B Resolution No. P-19-03 Page 2 1D. 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 there will be no visible changes to the developed site and existing industrial building. 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 a majority of the operating hours for the proposed gymnastics school are offset from the typical operating hours of businesses in the South Poway Business Park. G. The site is suitable for the type and intensity of use or development that is proposed in that 32 parking spaces can be accommodated, which will provide adequate parking for a gymnastics school where most students are dropped off. H. There will not be significant harmful effects upon environmental quality and natural resources in that the site is 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 Title 17. Section 3: The City Council hereby approves CUP 18-017, 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 CUP 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. Resolution No. P-19-03 Page 3 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. 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 CUP 18-017 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. CUP 18-017 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. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. (Engineering) 1. No person shall dispose of, nor permit the disposal, directly or indirectly of hazardous materials, paint, wash water, or materials, which result from the construction activities, into the storm drains. H. Proposed signage shall be in accordance with the PMC Sign Ordinance (Chapter 17.40). The necessary permits and approvals shall be obtained for any signage proposed prior to installation. The applicant shall comply with the following fire safety requirements, to the satisfaction of the Fire Marshal: 1. This project shall comply with all exiting requirements based on the Building Department's determination of Occupancy Classification(s). 2. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services and meeting the Sheriffs Department Aerial Support to Regional Enforcement Agencies (ASTREA) criteria. 3. The building's fire sprinkler system shall meet Poway Municipal Code requirements. The entire system is to be monitored by a central monitoring company and backflow valve assemblies with tamper switches shall be monitored. Relocation of six or more sprinkler heads shall require a separate plan submittal and approval by the fire department. A water analysis will not be required. The applicant is encouraged to evaluate the underground components of the fire sprinkler system. The City of Poway requires that anytime an underground water Resolution No. P-19-03 Page 4 supply system For an existing fire protection system fails, including maintenance, testing, and seismic failures, the fire protection system shall be retrofitted with backflow protection devices. 4. The building's automatic fire alarm system shall meet Poway Municipal Code requirements. System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 5. Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and 75' travel distance. J. Upon establishment of the proposed use, pursuant to CUP 18-017, the following shall apply: • 1. The parking areas, driveways and landscape areas shall be well maintained in a healthy and thriving condition free from weeds, trash and debris. Any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. 2. Trash receptacles shall be enclosed by a six-foot-high masonry wall with view- obstructing gates. Locations shall be subject to approval by the Planning Division. 3. All parking lot landscaping shall include a minimum of one 15-gallon-size tree for every three spaces. For parking lot islands, a minimum 12-inch-wide walk adjacent to parking stalls shall be provided and separated from vehicular areas by a six-inch-high, six- inch-wide Portland concrete cement curb. 4. All parking spaces shall be double striped. The minimum dimensions for standard parking stalls shall. be 8.5' x 18.5'. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces with one van accessible space. 5. All parking stalls shall observe a minimum 25-foot setback from the right-of-way. Parking stalls that are parallel to the street shall observe a minimum 40-foot setback from the right-of-way. 6. All two-way traffic aisles shall be a minimum of 25-feet wide. A minimum 25-foot-wide emergency vehicle access shall be provided in accordance with Safety Services Department requirements. 7. Parking lot lighting and security lighting shall comply with Chapter 17.10.150(H) of the PMC. 8. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view, and sound buffered from adjacent properties and streets as required by the Planning Division. Resolution No. P-19-03 Page 5 9. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 10. The use of the facility shall be limited to activities described in the application. 11. The activities of the facility shall not occur in such a manner as to create adverse impacts on the circulation and parking on surrounding streets. 12. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise and shall comply with noise standards contained in Chapter 8.08 of the PMC. At no time, shall noise from any source exceed the noise standards defined in the PMC. 13. No outdoor storage, display or activities shall occur onsite except through approval of the appropriate permits. 14. Classes shall consist of 50 students or less at any given time. (Engineering) 15. No person shall dispose of, nor permit the disposal, directly or indirectly of hazardous materials, paint, wash water, or materials, which result from the construction activities, into the storm drains. Section 4: The approval of CUP 18-017 shall expire on February 5, 2021, at 5:00 p.m. unless, prior to that time, use and occupancy on the property in reliance on the 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 Civil Procedure. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 5th day of February 2019. Steve Vaus, Mayor ATTEST: 7. . . .:i • . Kay Vi'son. Interim City Clerk Resolution No. P-19-03 Page 6 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. P-19-03 was duly adopted by the City Council at a meeting of said City Council held on the 5th day of February 2019, and that it was so adopted by the following vote: AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE .1.,_,Le A.cw1on, II terimA City Clerk City of PoWayJ