Covenant Regarding Real Property 2013-0228555 � � � � ��� �-�������
� RECORDINGREQUESTBY: � IIIIII I IIIIII IIIIIIII II I IIIIIIIIII I IIIIIIII III
CITY OF POWAY l APR 11, 2013 3:4� PM
1
WHEN REGORDED MAIL TO: �
' OFFICIAL RECORDS
SAN DIEGO CDUNTY RECORDER'S OFFICE
_ CITY�CLERK � EmestJ. Dionenburg,Jc, COUNTYRECORDER
r'(� CITY OF POWAY � FEES: 31.00
P`O BOX 789 ) PAGES: fi
�, POWAY CA 92074-0789 �
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APN:' 317=270-49 ` •
COVENANT REGARDING REAL PROPERTY
12160GR LLC ("OWNER" hereinafter) is the owner of real property commonly known as
12160 Community Road ("PROPERTY hereinafter) and mo�e fuliy desc�ibed as:
Parcel 1 of Parcel Map No. 17785, in the�City of Poway,, County of San Diego, State of
Califomia, filed in the O�ce of the Coun[y Recorder of San Diego County, December 17, 1996,
as File-No: 1996-0629951 of Official Records.
In consideration of the approvaf of Conditional Use Permit;(CUP) 12-016 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.
Jn' the event that CUP 12-016 expices or is rescinded by City Council, or the OWNER
terminates the use permitted by CUP 12-016, upon the request of the OWNER the City shall expunge
this Covenant from the record title of the PROPERTY and CUP 12-016 shall be of no further force or
effect.
If either party incurs costs as a �esult of filing a civil action to enforce the provisions of this
Covenant, the prevailing party shall be entitied to full reimbursement of all costs, including reasonable
attomeys' fees, from the otherparty.
OWNER: 12160CR LLC
Dated: / ,L� �
Michael J. oster (Notarize)
�/lc�l%/�'C�' P/nc:�i�l/L_
Its: Ma- gi Member
CITY OF OWAY:
Dated: �/� �3 By: �� '
ert J. Manis, Dir ctor evelopment Services
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, .
CALIFORI�IA ALL-PURPOSE ACKNOYVLEDGMENT
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State of California �
County of �l►� !��eU �
On mCl,r��' I���before me, �.P.,S� I�C c7C'�I�P,Y �m TT� N ��L �` � �
Date � Here Insert Nama antl Ttle oi�he OHicer
personally appeared �a�1 S • ��
Name(s)of Signeqs)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/ re subscribed to the ,
y�hin instrument and acknow ged to me that
(�he/they executed the e i hi dtheir authorized
capacity(ies), and that b his erkheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
LESLIE SCHERER
� Commission#1954990 I certify under PENALTY OF PERJURY under the laws
_'�b?�;-� NotaryPublic-Califomia D of the State of California that the foregoing paragraph is
z. `��,.``�' San oiego county true and correct.
PAy Comm. Expires Oct�30;�2015�
WITNESS my h d and official eal.
Signature X� /�//'``'�/
Place Notary Seal Above �� SIg�aWre oi Notary Public
'OPTIONAL
� Though the in/ormation below is notrequired byJaw, it may piove valuable to�persons relying on the document
and could preventYraudulent removal and reattachment ol thisJorm to another document.
Description of Attached Document
Title or Type of Document . �� . n� 1 � �� �
Document Date: ��_I�_�,I� umberof Pages:
Signer(s) Other Than Named Above: ���t' J r'��� S
Capacity(ies) Claimed by Signer(s)
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� Signer'sName:���I���l�/I \� �JY� SignersName:
❑ Individual ❑ Individual
❑ Corporate�Officer—Title(s): ❑CorporateOfficer—Title(s)�
�Partner—�Limited ❑ General _ ❑ Partner—O Limited ❑ General
❑ Attorneyin Fact • ' ❑Attorneyin Fact • �'
Top of chumb here Top ol thumb here
❑ Trustee �N•. ❑Trustee
❑ Guardian or Conservator s=`� ❑Guardian or Conservator
❑ Other: �y� � ❑Other:
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Signer Is Repres ting: Signer Is Representing:
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RESOLUTION N0. P-13-07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 12-016
ASSESSOR'S PARCEL NUMBER 317-270-49
WHEREAS, Conditional Use Permit (CUP) 12-016 was submitted by Mike
Foster, to establish an indoor recreation use within an existing approximate 27,000-
squa[e-foot building in the Light Industrial (LI) land use area of the Poway Business
Park:located at 12160 Community Road; and
WHEREAS, on March 5, 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: The City Council fintls that this project is exempt from the provisions of the
California Emironmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the
CEQA Guidelines in that it can be said with certainty that there is. no possibility that the
project'will result in an impact on the environment.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 12-016 are made as follows:
A. The location, size, design, and operating characteristics of the proposed facility
are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permit Regulations), the General Plan, and the development policies and
standards of the City in that indoor recreation use is permitted at this location
with approval of a CUP.
B. The location, size, design, and operating charaoteristics 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 site
has adequate on-site parkingto accommodate the use.
C. The proposed facility is in harmony'with the scale, bulk, coverage, and density of,
and is consistent with, adjacent uses in that the use will be complementary to
commercial retail uses located north of the site and will provide recreation
opportunities for the Business Park workforce and/o� their families. The facility is
located within an existing building which complies with South Poway Specific
Plan requirements. No changes to the building exterior are proposed.
D. There are adequate public facili4ies, services and utilities available at the subject
site to serve the proposed use which is within an existing building.
Exhibit A
' � � Resolution No. P-13-07
Page 2
E. There will not be a harmful effect upon the surrounding property characteristics in
that the site has adequate on-site parking to accommodate the proposed use.
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 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 rype 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.
I. There are no relevant negative impacts associated with the proposed facility in
that the site has adequate parking to accommodate the proposed use.
J. That the potential impacts, and the proposed location, size, design, and
operating characteristics of the facility will not be materially injurious to properties
o� improvement§ in the vicinity, nor be contrary to the adopted General Plan, in
that the site has adequate parking to accommodate 4he proposed use and all
activities will occur within an existing building.
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.
Section 4: The City Council hereby approves CUP 12-016 to establish an indoor
recreation facility 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,
office�s, and employees from any and all claims, action"s, proceeiiings, 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, applican't.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
' • Resolution No. P-13-07
Page 3
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 shall apply only to the subject project and shall not waive
compliance with the Zoning Ordinance and all other app�icable City Ordinances
in effect 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 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 12-016 shall remain in effect 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 12-016 may 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 been raised during the prior year.
G. The applicant shall provide building improvements as required by the building
and fire codes for the change in occupancy in this building.
H. 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.
I. Additional parking .for the facility, if needed, may occur on adjoining properties
only with the underlying property owner's consenf and within improved parking
areas. The applicant shall provide notice to the City of any such activity.
Section 5: The approval of CUP 12-016 shall expire on March 5 2015 at 5:00 p.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.
� �'• Resolution No. P-13-07
Page 4
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 5th day of March 2013.
r
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�v
Don Higginson, Mayor
ATTEST:
�� �' G�
Kristen M. Crane, In4erim City Clerk
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 perjury, that the foregoing Resolution No. P-13-07, was duly
adopted by the City Council at a meeting of said City Council held on the 5th day of
March 2013, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQU,4LIFIED: NONE
��� �. �
Kr� M. Crane, Interim City Clerk
City of Poway