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Covenant Regarding Real Property 2011-0259765RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 34.00 PAGES: 11111111 Hill 1111111111111111111111111111 Hill 1111111111111111111111111111111111111 IN (This space for Recorder's Use) APN: 317- 270 -14 /CUP 11 -02 COVENANT REGARDING REAL PROPERTY Jach Realty I LLC, PROPERTY OWNER ( "OWNER hereinafter), is the owner of real property located at 13175 Gregg Street, and commonly known as Assessors' Parcel Number 317- 270 -14 ( "PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit (CUP) 11 -02 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 In the event that CUP 11 -02 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 11 -02, upon the request of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY and this CUP 11 -02 shall be of no further force or effect. If either party incurs costs as a result of filing a civil actionto 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. Jach Dated: -5 h // Dated: 41 14 1 11 Wplanning \1lreport\cup \11 -02 Chrome Collision \cov.docx MAY 19, 2011 By: Its: M A rJA CITY OF In DOC # 2011 - 0259765 111111III III IIYI II I VIII VIII II III VIII Ilnl YII I III IIV IN Real s LLC �00�q tt G� t Y Rgibert J. Marfi"s ` -, \ Director of Development 12:53 PM 11 -® ?0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California CML CODE 3 1189 County of s A i Pr Q J On I t before me, ('? tL 4L Q ate n 1 Here Insert N e Md Title of the 5iAr e personally appeared d ri C! Ie CGt. at. �•� /Y/e C . Names) S n ) who proved to me on the basis of satisfactory evidence to be the person(s)-whose namef* fare subscribed to the within instrument and acknowledged to me that sh&" executed the same in herAFelr a orized capacity(iw4, and that by h' / r /th ' signature(�s} } on the instrument the person(ej or the entity upon behalf of which the person(s) acted, executed the instrument. 0 SEAL O REZA M. KAGHAZCHI N0&7 PUBUGCA I4 I certify under PENALTY OF PERJURY under the WMNj NO. 17 MY OMM. EX JUNE.. 20 12 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 Nota ublic 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: C Document Date: Number of Pages: Crq — Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General T of thumb here El Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner -- ❑ Limited ❑ General T of thumb here El Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 RESOLUTION NO. P -11 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 11 -02 ASSESSOR'S PARCEL NUMBER 317- 270 -14 WHEREAS, ,lames Bernet, on behalf of the property owner Jach Realty I LLC, has submitted a request for approval of a Conditional Use Permit (CUP) to establish a commercial auto body repair facility within the existing building at 13175 Gregg Street, in the Light Industrial (LI) Land Use Designation area of the South Poway Specific Plan (SPSP); and WHEREAS, on May 2010, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1 : This project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the CEQA Guidelines, in that the project involves re- establishment of a light industrial use within an existing industrial building. Section 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 11 -02 to establish a commercial auto body repair facility in the LI area of the SPSP, 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 Permit Regulations), the South Poway Specific Plan (SPSP), the City General Plan, and the development policies and standards of the City in that the subject use is allowed with a CUP. The facility has been designed and will be conducted such that it will be compatible with the surrounding development. 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, buildings, structures, or natural resources in that the site is zoned for the use, the facility has been designed and will be operated in compliance with City development standards, and the site has adequate parking to accommodate the use and other uses on the site. C. The proposed use is in harmony with the scale, bulk, coverage and density of, and is consistent with, adjacent uses in that adequate parking will be provided onsite, and all storage and work will be conducted within the building. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use. Resolution No. P -11 -11 Page 2 E. There will not be a, harmful effect upon the desirable surrounding property characteristics in that adequate parking will be provided onsite, and all storage and work will be conducted within the building. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets in that the proposed use provides adequate vehicle circulation onsite. G. There will not be significant harmful effects upon environmental quality and natural resources in that the site is already developed and contains no natural habitat resources. Section 3: The City Council hereby approves CUP 11 -02 to establish a commercial auto body repair facility within the existing building located at 13175 Gregg Street, in the t-I area of the SPSP, subject to the following conditions: A. Approval of this Conditional Use Permit 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. 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 CUP 11 -02 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to Resolution No. P -11 -11 Page 3 these permits, and the heirs, executors, administrators, successors, and assigns of each of them, including municipal corporations, public agencies and districts. F. Conditional Use Permit 11 -02 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. Building Permits are required for all new tenant improvements associated with the facility. All requirements deemed necessary by the Building Division and Fire Department, based on the change of use /occupancy in this building, will be determined in the building plan review process. H. All tenant improvements associated with the use shall be in accordance with the California Fire Code and Sections 406.6.1 through 406.6.6 of the California Building Code. This facility will not be permitted to exceed the maximum allowable quantities per control area as defined in Table 307.1 of the California Building Code without a change to the proposed occupancy use. J. Signs are subject to a separate Planning Division permitting process, and may additionally require subsequent Building Permits. The applicant shall submit a separate Sign Permit application for any signs. K. Outdoor vehicle repair work is not permitted. J. Outdoor storage of materials /parts, equipment, waste materials (other than that within the onsite trash enclosure area), and vehicles awaiting repairs is not permitted. L. Should the auto body repair work be expanded to include engine repair, the applicant shall comply with all applicable Building and Fire Code requirements. M. The site shall be kept in an orderly and well maintained condition at all times. Section 4 : The approval of CUP 11 -02 shall expire on May 3, 2013, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and /or establishment of the use on the property in reliance on this CUP approval has commenced prior to its expiration. Resolution No. P -11 -11 Page 4 - PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 3rd day of May 2011. Don Higginson, Mays: ATTEST: a Troyan, MMC, City CleK- f Resolution No. P -11 -11 Page 5 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) 1, 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- 11 -11, was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of May 2011, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, HIGGINSON NOES: CUNNINGHAM ABSENT: NONE DISQUALIFIED: NONE Li . Troyan, MMC, C i of Poway