Covenant Regarding Real Property 2010-0485817D 0 C# 2010-0485817
- IIIII I I IIIII II I IIIII II II I IIIII II I I II IIII I III III
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO: In
CITY CLERK II
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
317- 130 -47
SEP 14, 2010 2:54 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 40.00
PAGES: 9
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Poway City S C L P ( "OWNER" hereinafter) is the owner of real property described
in Exhibit A, which is attached hereto and made a part hereof, which is commonly known
as 13265 Midland Road ( "PROPERTY hereinafter).
In consideration of the approval of CUP 10 -07 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In the event that CUP 10 -07 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by CUP 10 -07, upon the request of the OWNER the CITY
shall expunge this Covenant from the record title of the PROPERTY and CUP 10 -07 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:
Print Name
Its:
Poway City S C L P
S- +, M� A(.\r)-ed
(Notarize)
CITY OF POWAY:
Dated: July 6, 2010 By:
F(jb-ert J. Manis, irect o Dev opment Services
M \planning \10report \cup \70 -07 Town 8 Country Vet\cov.docx
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OWNER'S SIGNATURE:
POWAY CITY S.C., L.P., a Delaware limited partnership
By: Poway City Holdco, LLC, a Delaware limited liability company, General Partner
By: Kimco Poway City 1195, Inc., a Delaware corporation, Sole Member
By:��� I
Name:
Title. JOHN VISCONSI
VICE PRESIDENT
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California 1
County of SAn Dr-e go J}
On3u\`4 \S TL) \0 before me, 1 'Ai` t„0 �' L1n� -1�-
Date Here Insert Name and Title of the officer
personally appeared JaY�n \j k C 0 S1
NI•�' 1 AN
Commission * 1789343
.p Notary Public - Ca6lornla £
San Diego County o
y Cbmm.0 >ite;jan27.2012
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.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the Information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another 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:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General _
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages'
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
'OFSIGNER
02007 National Notary Association• 9350 De Soto Ave, PO Box 2402 • Chatsworth, CA 9131 &2402•w NationalNotary org Item 95907 Reorder Call Toll -Free 1- 800$76 -6827
EXHIBIT A
PARCEL A:_
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 1675, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JUNE 28,,1973 AS, INSTRUMENT NO. 73-178786 OF OFFICIAL RECORDS, LYING
WESTERLY OF,THE'SOUTHERLY PROLONGATION OF THE - EASTERLY LINE OF'THE�ESTERLY
10.00 FEET OF PARCEL 2 OF SAID MAP, TOGETHER W
ER WITH THE EASTERLY AND NORTHERLY
50.00 FEET OF.PARCEL 4 OF SAID MAP, BEING A PORTION OF THE SOUTHEAST QUARTER OF
THE NORTHEAST.QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE .2 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF.
PARCEL B:
A NON: EXCLUSIVE, '.PERMANENT EASEMENT, TO, USE, OPERATE, INSPECT, REPAIR, MAINTAIN
AND REPLACE WATER DRAIN LINES,, WATER DRAIN FACILITIES AND OTHER APPURTENANCES
THEREUNTO REQUIRED FOR A WATER DRAINAGE SYSTEM, OVER, ACROSS AND /OR UNDER
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY:
THE EASEMENT AREA-SHALL,BE TEN(10) FEET WIDE, 5 FEET ON EITHER SIDE OF THE CENTER
LINE DESCRIBED BELOW. THE CENTER LINE,OF THE EASEMENT AREA SHALL START AT THE
POINT ON THE NORTH PROPERTY LINE OF THE GRANTOR PROPERTY THAT IS FIFTY -FIVE (S5)
FEET FROM THE NORTHEAST CORNER OF SAID PROPERTY AND PROCEED IN A
SOUTHWESTERLY DIRECTION TO ITS TERMINUS ALONG THE WEST PROPERTY LINE OF THE
GRANTOR PROPERTY AT THE POINT THAT IS TWENTY -NINE (29) FEET SOUTII OF THE
NORTIIWESTrCORNER OF THE GRANTOR PROPERTY, AS GRANTED BY DOCUMENT ENTITLED
"EASEMENT,FOR DRAINAGE SYSTEM" RECORDED NOVEMBER 3, 2004 AS INSTRUMENT NO.
20041041462'OF" OFFICIAL RECORDS.
PARCEL C:
A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS, AS
APPROPRIATE, ON AND OVER DRIVEWAY, WALKWAY AND PARKING AREAS AS SHOWN ON
EXHIBIT "'C" OF GRANT OF RECIPROCAL ACCESS EASEMENTS RECORDED FEBRUARY 10, 2006
AS INSIRUMENT NO. 2006-0100311 OF OFFICIAL RECORDS,
THE EXACT LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM RECORD
INFORMATION.
APN: 317 - 130 -47 -00
RESOLUTION NO. P -10 -24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 10 -07
ASSESSOR'S PARCEL NUMBER 317 - 130-47
WHEREAS, Conditional Use Permit 10 -07 was submitted by Poway City S C L P/
Town & Country Veterinary Hospital to establish an approximate 2,048-square-foot
veterinary hospital at 13265 Midland Road, Suites 180 and 190, in the Commercial
General (CG) zone; and
WHEREAS, the City Council has read and considered the Agenda Report for the
proposed project and has considered other evidence presented at the public hearing;
and
WHEREAS, on July 6, 2010, the City Council held a public hearing on the
above - referenced item.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section. 1: The proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA), pursuant to
Section 15303 of the CEQA Guidelines, in that the project involves the conversion of a
small commercial structure in an urbanized area that, is not environmentally sensitive,
and where all public services and facilities are available.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for the approval of Conditional Use Permit 10 -07 to establish a
veterinary hospital, are made as follows:
A. A veterinary hospital is a permitted use in the CG zone with the approval of a
Conditional Use Permit. Therefore, the proposed location, size, design and
operating. characteristics of the-use are in accordance with the title and purpose
of PMC 17.48.070, the purpose of the zone in which the site is located, the City
General Plan, and the development policies and standards of the City.
B. The veterinary hospital has been designed to comply with the Poway General
Plan and PMC, and will be consistent with surrounding development. Therefore,
the location,_ size, design and operating characteristics of the veterinary hospital
will be compatible with,, and will not adversely affect or be materially detrimental
to, adjacent uses, buildings, structures, or natural resources.
C. The veterinary hospital will be located in an existing building that meets
standards for scale, coverage and density. Therefore, the harmony in scale,
bulk, coverage, and density of the project is consistent with adjacent uses.
D. There are public facilities, services and utilities available to the site.
EXHIBIT B
Resolution No. P -10 -24
Page 2
E. The veterinary hospital will be"located in an existing commercial center, and the
use will operate compatibly with surrounding development. Therefore, there will
be no harmful effect upon desirable neighborhood characteristics.
F. The veterinary hospital will not result in a significant impact on the character
or the intensity of the transportation system in the vicinity and is found to be
consistent with the Circulation Element of the General Plan.
G. A veterinary hospital is allowed on land zoned CG with the approval of a
conditional use permit, and the property is located in an area with suitable
circulation and other infrastructure. The surrounding development is compatible
with the proposed use. Therefore, the site is suitable for a veterinary hospital.
H. The use will comply with standards for handling hazardous and/or toxic
substances associated with medical procedures. The use will be located in an
existing shopping center. Therefore, there will not be significant harmful effects
upon environmental quality and natural resources.
There are no other relevant negative impacts of the use that cannot be mitigated.
J. The impacts, as described above, and the location, size, design and operating
characteristics of the use, and the conditions under which it will operate and be
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. The proposed veterinary hospital complies with applicable provision of Chapter
17.48 PMC in that the project will meet all current development standards.
Section 3: The City Council hereby approves Conditional Use Permit 10 -07 to
establish an approximate 2,048- square -foot veterinary hospital 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
Resolution No. P -10 -24
Page 3
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 Conditional Use Permit 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: (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 which states
that the applicant must abide by the conditions contained in this Resolution.
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 this CUP shall remain in effect for the life of the project and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
F. Conditional Use Permit 10 -07 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. Any changes in the approved use of the suites will require the approval of a
modification to this Conditional Use Permit. Depending on the scope of such
changes, at the discretion of the Director of Development Services, said
modification may be processed administratively or may be referred to the
City Council for a public hearing.
H. The applicant shall obtain a Building Permit prior to the construction of tenant
improvements. Compliance with the following conditions is required prior to
issuance of a Building Permit.
1. The site shall be developed in accordance with the approved site plan and
floor plan on file in the Development Services Department and the
conditions contained herein.
2. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric
Code, Uniform Fire Code and all other applicable codes and ordinances in
effect at the time of Building Permit issuance.
(Engineering)
3. Sewer connection fees may be applicable if additional fixtures are added.
Resolution No. P -10 -24
Page 4
I: The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1.
The building shall display the numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be six
inches, or matching existing addressing, on the front fagade of the
building.
2. A minimum 3AA0BC fire extinguisher is required for every 3,000 square
feet and 75' travel distance.
3. If medical gases will be used in the suites, they shall be installed to meet
requirements of the California Fire Code and Chapter 15.24 PMC.
4. Material Safety Data Sheets shall be required for all hazardous and /or
toxic substances used in the suites.
5. An Emergency Contingency Plan and Hazardous Materials Disclosure
shall be filed with the County of San Diego Department of Health and
copies provided to the Fire Department.
J. Prior to issuance of a Certificate of Occupancy, the applicant shall comply with
the following:
1. The site shall be developed in accordance with the approved plans on file
in the Development Services Department for CUP 10 -07, along with the
conditions contained herein. A final inspection from the appropriate
City departments will be required and approval for occupancy obtained.
K. The following performance standards shall apply to the Veterinary Hospital upon
establishment of the use:
1. 'The facility shall be operated in such a manner as to minimize any
possible disruption by noise, and shall comply with the noise standards
contained in Chapter 8.08 PMC. At no time shall equipment noise from
any source, exceed the noise standards contained in the Poway Municipal
Code.
2. The use of the suites shall be limited to veterinary activities, along with
related accessory uses.
3. The parking areas and driveways shall be well maintained.
4. 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.
Resolution No. P -10 -24
Page 5
Section 4: The approval of Conditional Use Permit 10 -07 shall expire on
July 6, 2012, at 5:00 p.m. unless, prior to that time, use in reliance on this CUP approval
has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California,. this 6th day of July 2010.
Don Higginson, Mayor
ATTEST:
Lin y oyan, MMC, City Clerl
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P- 10 -24, was duly
adopted by the City Council at a meeting of said City Council held on the 6th day
of July 2010, and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT
BOYACK, CUNNINGHAM, MULLIN, KRUSE, HIGGINSON
NONE
NONE
DISQUALIFIED: NONE
a A royan, MMC, City Cl rk
City Poway