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In the event that CUP 11 -02 expires or is rescinded by City Council, or the OWNER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