Covenant Regarding Real Property 2013-0163877 i
;. :t` . : • Cl � � ## �Q7 �-�1 ��$��
���'` I �0 � 0 � � �� � �0� �I� � � �� �I � � �� �� ��
RECORDING REQUEST BY: )
� MAR 14, 2013 9:23 AM
CITY OF POWAY ) ��
� OFFICIAL RECORDS
WHEN RECORDED MAIL TO: � SAN DIEGO COUNTY RECORDER'S OFFICE
) EmeslJ. Dronen6urg,Jr., COUNTY RECORDER
CI7Y CLERK �///n FEESO o �� 37.00 PAGES: g
CITY OF POWAY � lL� o 0
POWAYXCA992074=0789 ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
)
(This space�for Recorders Use)
APN; 317-271-03
. i COVENANT REGARDING REAL PROPERTY
B & K Trust 2 06-16-06, ("OWNER" hereinafter), is the owner of �eai property commonly
known as 12150 Flint Place ("PROPERTY hereinafter) and more fully described as: ,
LOT 3 OF CITY OF POWAY'TRACT NO. 86-02R(1) POWAY CORPORATECENTER UNIT 1,
IN THE CITY •OF POWAY, GOUNTY 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.
In consideration of the approval of Conditional Use-Permit (CUP) 12=006 by the City of.Poway
("CITY" he�einafte�), 'OWNER hereby agrees to abide by the conditions of approval contained in the
-at:ached Resolu:ior (Exhibi!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In the event that CUP 12-006 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by the CUP 12-006; upon the request of the OWNER the City shall
expunge this Covenant from the record title of the PROPERTY and CUP 12-006 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 ail costs, including reasonable
attorneys'fiees, from the ottier party.
OWNER: B & K Trust 2 06-16-06
Dated: 3 ` � ` � 3
Brian Cox (Notarize)
��vS f��
Its:
CITY OF POWAY:
Dated: , � �� '� By:
R bert J. Mani , Direct o elopment Services
�'����� �
�
�
. - . . . � � 88�3
CALIFORNIA ALL•PURPOSE ACKPIOWLEDGMENT
_ �� _ _ _��_ �, _ _ _ - — ._..occ�e�acao�.-�c��-n�ro��:.�o�c-.c--�.n�wvo�.GC+.EY
State of California �
County of �c � 7�j�
On R'�l, r,c..rh �� iR before me, �' /��i/ — �?✓�i.c�n// .tn.� r,yd-/,� ,
Date . Here Insert Name aiM T�le of�h�
personallyappeared n�"mYl (Lix
� Nama(s)oi Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person�-whose name��re subscribed to the
within instrument and acknowledged to me that
�e she/they executed the same in �her/their authorized
capaaty(+es},-and that tiy�hedtheir signature(s)-on the
� ..,.u,o,a.o. instrument the person(s), or the entity upon behalf of
� S.K.GiLL-BaOwNELL which the person(s}-acted, executed the instrument.
ti �+T COMM.N 1995567
� - , NoteryRiWioCaiitomia � I certify under PENALTY OF PERJURY under the laws
� �.+y� �wec �riwE�z'�a zoie � of the State of Califomia that the foregoing paragraph is
s�e true and correct.
WITNESS my hand and official seal.
Signature � �� '� CY��I
Place No�ary Seal Above � SignaNre o�N�ry�P�lic �
OPT/ONAL
Though the inlormation 6elow is nof requiredby law, if may prove valuable to persons relying on the document
and could prevent l2udulent removal and reattachment of fhis lorm to another documenf.
Description of Attached Document
Title or Type of Document:���/'� ,/- � n ��
� ---;�-'2---,
Document Date: �� /v��„�.��o� 3 Numtierof Pages: �� �zc�
i'
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate�Officer—Title(s): ❑ CorporateOfficer—Title(s): '
❑ Partner—O.Limited ❑ General ❑ Partner—O Limited ❑ General
❑ Attomey in Fact • �' ❑Attorney in Fact • �'
❑ Trustee Top ol�hvmb here p Trustee Top of�humb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Othec ❑ Other.
Signer Is Representing: Signer Is Representing:
m200�NationalNOtaryASSOCIation•9350DeSotoAVe.,P.Q8ox2a02•ChetswonRGA91313-2402�•www.NatlonalNotary.org Itemk590] ReortlecCallT011-Free�-800-B16-B02]
RESOLUTION NO. P-13-05 8$?'�
A RESOLUTION OF THE CITY COUNCIL
OFTHE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL'USE PERMIT 12-006
ASSESSOR'S PARCEL NUMBER 317-271-03
1NHEREAS, .Condifional Use Permit (GUP) 12-006 was submitted ,by Poway
Range Partners LLC, to establish an indoor firearms shooting range within an existing
13,400-square-foot builcJing in the Light Industrial (LI) land use area of the Poway ;
Business Park located at 121;50 Flint Place; and
WHEREAS, on February 19, 2013, 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: An Environmental Initial Study (EIS) and Mitigated Negative Declaration
(MND) were completed for the project. The City Council has considered the MND
together with the comments received and considered during the public review process.
The MND reflecfs the independent judgment and analysis of the City Council, has been
completed in compliance with the California Environmental Quality Act (CEQA), and is
adequate for this proposaL IYwas determined that with mitigation there is no substantial
evidence that the project will have a significant effect on the environment. The City
Council hereby adopts.the MitigatedNegative Declaration.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 12-006 are made as follows:
A. The location, size', design, and operating characteristics of the proposed facility
are in accord with the 4itle and purpose of Chapter 17.48 PMG (Conditiona( Use
Permit Regulations), the General Plan, and the development policies and
standards ofithe City in that 1) an indoor firearms shooting range is permitted at
this location with a CUP and 2) the proposed facility has been designed sueh thaY
it willnotresult in impactsto the surrounding communitysince the building will 6e
retroftted, with improvements to ensure that fired ammunition will be contained
within tlie building and noise will be mitigated to comply with City standards.
B. The location, size, design, and operating characteristics of the proposed facility
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
facility has been designed and sited such that it will not result in impacts to the
surrounding community as the building will be retrofitted with improvements to
ensure that: 1) fired ammunition will be contained within the building and
2) noise will be mitigated to comply with City standards.
Exhibit A
. 88�5
Resolution No. P-13-05 '
Page 2
C. The proposed facility is in harmony with the scale; bulk, coverage, and density of,
and is:consistent with, adjacent uses in that the facility will be located within an ,
existing building that complies with all City development standards.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use which is within an existing building.
E. There will not be a harmful effect upon the surrounding property characteristics in
that the proposed facility is within an existing building ,that has been designed
and sited such that it will not result in impacts to the surrounding community.
The building will be ret�ofitted with improvements to ensure that: 1) fired
ammunition will be contained within the building and 2) noise will be mitigated to
comply with City standards.
F. The generation of tra�c will not adversely impact the capacity and physical
character of the su�rounding streets and/or the Circulation Element of the
General Plan in that the proposed facility will generate traffic within the range of
other uses permitted in the LI land use area.
G. The site is suitable for the type and intensity of use or development that is
proposed in that the facility is within an existing building and will provide
recreational opportunities for the workforce of the Business Park.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed facility is within an existing building and
will not involve the removal of natural habitat resources and there is no natural
habitat in proximity tothe subject site.
I. There are no relevant negative impacts associated with the proposed facility that
cannot be mitigated in that the building will be retrofitted with improvements to
ensure that: 1) fired ammunition will be. contained within the building and
2) noise will be mitigated to comply with City standards. '
J. That the potential impacts, and the proposed location, size, design, and
operating characteristics of the facility will not be materially injurious to properties
or improvements in the vicinity, nor be contrary to the adopted General Plan, in
that the building will be retrofitted with improvements to ensure thaf: 1) fired
ammunition will be cohtained within the building and 2) noise will be mitigated to
comply with City standards.
Section 3: 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.
Resolution No. P-13-058$2 6
Page 3
Sectiom4: The City Gouncil hereby approves CUP 12-006 to establish a firearm
shooting range as shown on the approved plans on file with the Gity, 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 indemn�cation. �
In the event of such election, applicant shall pay all of the costs related 4hereto,
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 4o pay or perform any
settlement unless such settlement is approved by applicant.
B. Approval of this CUP 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 effecf at the time of Building Permit issuance.
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 Properry. In order for the City to pcepare 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 12-006 shall remain in effecY for the life of the subject
facility; and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner. "
F. CUP 12-006 may be subject to annual review, as determined by the Di�ector of I
Development Services, for compliance with the conditions of approval and to
address concemsthat may have been raised during the prior q,ear.
G. Additional parking for the facility, if needed, may occur on adjoining properties
only with the underlying property owner's consent and within improved parking
areas. The applicant shall provide notice to the City of any such activity.
, � � 88' 7
Resolution No. P-13-05
Page 4
H. The applicant shall provide building irriprovements to ensure that: 1) fired
ammunition is contained 'within the building and 2j noise will be mitigated to
comply with City standards. A Building Permit for these improvements is
required prior to establishment of the facility. Prior to issuance of a Building
Permit, the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
2. 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.
3. Provide documentation that building improvements will ensure fired
ammunition will be contained in the building to the satisfaction of the
Building Official.
4. Provide the following for noise mitigation:
a. Improvements to the building interior walls shall consist of the
following`:
i. 16 gauge steel stud frame wall, 254 mm (10 in.) wide,
spaced on 610 mm (24 in.) centers.
ii. One layec of 254 mm (10 in.) of mineral fiber insulation
between the stud cavities.
iii. One layer of 16 mm (0.625 in.) gypsum board drywall
attached to the studs on both sides.
iv. 20 gauge steel hat channels 38 mm deep, attached to the
gypsum board on the shooting range side.
v. 38 mm (1.5 in.) thick mineral fiber insulation placed in the
spaces between and behind the hat channels.
vi. One layer of 76 mm (3 in.) thick, tongue-and-groove
FIBROPLANK cementitious wood fiberboard (or acoustical
equivalent) screwed to the hat channels and faced with
one layer of 16 mm (0.625 in.) thick gypsum board. i
vii. On the opposite side of the studs, attach one layer of 16 ,
mm (0.625 in.) thick gypsum board with a layer of 38 mm
(1.5 in.) thick, loose fill mineral insulation.
viii. Oyer the mineral wool and attached to the steel studs, ,
attach one layer of 76 mm (3 in.) thick, tongue-and-groove ;
FIBROPLANK cementitious wood fiberboard (or acoustical
equivalent) faced with a layer of 13 mm (0.5 in.) thick
gypsum board.
ix. The interior finish surface of the gallery walls should
proVide a minimum NRC of 0.85 or higher to minimize
. � 88�8
Resolution No. P-13-05
Page 5
reflections within the gallery. The quantity of absorptive
material should be sized to reduce reverberation time to
0.75 seconds or less.
b. Improvements to the building ceiling shall consist of the following':
i. Install one layer of 30mm thick QuietRock QR-545 or �
acoustical equivalent, under the skylight boxes to minimize
sound transmission through the openings.
ii. Install RSIC-1 sound isolation clips to the underside of the
ceiling trusses at 48-inches on center, per manufacture's i
specifications.
iii. Install 7/8-inch thick x 25 gauge furring channel at 24-
inches on center to the isolation clips.
iv. Install one layer of 30mm thick QuietRock QR-545 or
acoustical equivalent to the furring channels per
manufacture's specifications.
v. Fiil the truss cavities with one 20-inch layer of mineral
wool.
vi. Install a suspended acoustical safety ceiling for the range
areas using resilient hangers.
vii. The safety ceiling should be comprised of at leasf one layer
of 30mm thick QuietRock QR-545 or acoustical equivalent.
viii. The top of the safety ceiling should be backed with a
minimum of one 10-inch layer of mineral wool.
ix. The finish surface of the safety ceiling should provide a
minimum NRC of 0.85 or higher to minimize reflections
within the gallery. �
c. Replace the Roll-up Warehouse Door with':
i. A 2 x 6 stud wall, 16-inches on center.
ii. One layer of minimum 5"-thick mineral wool in the stud
cavities.
iii. Two layers of 5/8"-thick gypsum board attached to the
interior side of the studs.
iv. Minimum 5/8"-thick layer of built up Stucco on the exferior
side of the studs.
d. Replace the Warehouse Door with a sound rated industrial door
with a minimum sound transmission class rating of.50'.
' The above specified improvements can be substituted with equally
effec4ive materials as may be approved by the City. Written
documentation by a qualified professional on theadequacy of any material
substitutions shall be submitted to the City for review and approval.
Resolution No. P-13-05 88��
Page 6
Sectiorr5: The approval of CUP 12-006 shall expire on Februaiv 19, 2015, at
5:00 o:m..unless, prior to that"time, a Building Permit has been issued and construction
on the property in reliance on the CUP approval has commenced.
PASSED, ADOPTED and APPROVED by the City Council of the Gity of Poway,
State of California, this 19th day of february 2013. ,
(�i1���if�
Jo Ilin, Deputy Mayor
ATTEST:
I��41/VA/`' �
Kr— i�n M. Crane, Inte�im City Gle�k
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Kristen M. Crane, Interim City Clerk of the City of Poway, do hereby certify,
under the penalty of pery'ury, that the foregoing Resolution No. P-13-05, was duly
adopted by the City Council at a meeting of said City Council held on the 19th day of
February 2013, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN
NOES: NONE '
ABSENT: HIGGINSON
DISQUALIFIED: NONE
��� �. �
Kristen . Crane, Interim City Clerk
City of Poway