Covenant Regarding Real Property 2013-0489870 � _ _ � o � � ��a� �-a������o
� RECORDING`REQUEST BY: , IIIIIII I III II I III IIII II I II IIII II I I II II III
1 AUG 05, 2013 2:54 PM
�� CITY OFPOWAY )
� OFFICIAL RECDRDS
WHEN�RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE
� E mest J. D ronenburg,J r.,CO U N TY R E CO R D E R
� ) FEES: 37.00
CITY CLERK ) PAGES: H
CITY OF POWAY )
POWAY CA992074-0789 ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIII�IIIIIII
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(This space for Recordefs Use)
APN: 314-710-30
COVENANT REGARDING REAL PROPERTY
Regency Centers, L. P., a Delaware limited partnership, ("OWNER" hereinafter) is the owner
of real property commonly known as 14861 Pomerado Road ("PROPERTY hereinafter) and more
fully described as:
PARCEL 9 OF PARCEL MAP NO. 15808, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 89-510338, PAGES
16808 TO 16813, WCLUSIVE, OR PARCEL MAPS, COUNTY OF SAN DIEGO, CALIFORNIA.
In consideration of the approval of Conditional Use Permit (CUP) 13-004 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In the event that CUP 13-004 expires or is rescinded by City Council, or the OWNER
terminates the use permitted. by CUP 13-004, upon the request of the OWNER the CITY shall
expunge this Covenant from the record title of the PROPERTY and CUP 13-004 shall be of no further
force or effect.
If either party incurs costs as a result of filing a civil action 4o enforce the provisions of this
Govenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable
attomeys' fees, from the other party.
OWNER: Regency Centers, L.P.
Dated: -�' �/ �3 fr �
�R �� _ (Notarize)
Sr.VpSr. Markef Officar
Its:
CITY OF POWAY:
Dated: � 2� � By:
bert J. Manis, irector f De lop ent Services
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEWT
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State of California �
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Na (s)o�Siqner(s)
who proved to me on the basis of satisfactory evidence to
be the person(� whose name(sJ is/ar�subscribed to the
within instrument and acknowledged to me that
he/speliNey executed the same in his/herkheir authorized
capacity(ies), and that by'his/ber,4heir signature(�1 on the
instrument the person(�), or the entity upon behalf of
�RAELEINE.K.NABORS; which the person(� acted, executed the instrument.
Commission'+i2001tOB . .
a :� Notary PuMic-Califomie z
i � ' San Diaqo Ca�my ' I certify under PENALTY OF PERJURY under the laws
M Camm.E Dee 15 20t6+ of the State of California that the foregoing paragraph is
true and correct.
WITNESS my nd n official eal.
Signature �
Place Nolary Seal Above SignaWre oi Notary PuMic
OPT/ONAL
Though the info�mation below is not required by law, it may prove valuable to persons relying on the document
and could prevent Iraudulent removal and reattachment of this lorm to another document.
Description of Attached Document
TiUe or Type of Documenr
Document Date: Number of Pages:
Signer(s) OtherThan Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ CorporateOfficer—Title(s): ❑CorporateOfficer—Title(s):
❑ Partner—0 Limited ❑ General ❑ Partner—� Limited ❑ General
❑ Attorney in Fact • �' ❑Attorney in Fact • �'
❑ Trustee Top o(�humb here p Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Othec
Signer Is Representing: Signer Is Representing:
0200]NaYOnalNo�aryASSaciation•9350De5oroPVe.,P.O.BOx2A02•C�atwroM,CA913134902•www.Nafio�alNO�ary.org Ilem#59W Feortler:CaIITOILFree1E00-B16-682]
RESOLUTION NO. P-13-17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 13-004
ASSESSOR'S PARCEL NUMBER 314-710-30
WHEREAS, Conditional Use Permit (CUP) 13-004 was submitted by Robert and
Lori McCool (Applicants)/Regency Centers, L.P. (Owner): A request to establish a
veterinary clinic within an existing commercial building located at 14861 Pomerado
Road; in the Commercial Generaf(CG) zone; and
WHEREAS, on July 16, 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 proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15303(c) of the 2013 CEQA ;Guidelines, in that the proposed project consists of the
conversion of an existing commercial suite less than 2,500 square feet in an u�banized
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 CUP 13-004 to establish a veterinary clinic in an existing
commercial building located at 14861 Pomerado Road are made as follows:
A. The location, size, design and operating characteristics of the veterinary clinic
are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permits Regulations), the General Plan, and the development policies and
standards of the City in that a veterinary clinic is allowed on a property
designated for commercial general use with the approval of a CUP; and
B. The location; size, design, and operating characteristics of the veterinary clinic
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 use
will be conducted within an existing commercial building and is located at least
160 feet away from the nearest residential use; and
C. The veterinary.clinic is in harmony with the scale, bulk, coverage, and density of,
and is consistent with adjacent uses in that the use will be operating within an
existing commercial building located within a completely developed commercial
center; and
D. There are adequate public facilities, services and utilities available at the su6ject
site to serve the veterinary clinic; and
Exhibit A
Resolution No. P-13-17
Page 2
E. There wilf not be a harmful effect upon desira6le neighborhood characteristics in
that the use will be conducted within an existing commercial building and is
located at least 160 feet away from the nearest residential use across Twin
Peaks Road, wFlich is a major thorough-fare; and
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation (Master
Transportation) Element of the General Plan; and
G. The site is suitable for the type and intensity of use or development that is
proposed in thaf the veterinary clinic will be ope�ating within an existing
commercial building on a completely developed site; and
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the site is completely developed and no natural
resources exist on the property; and
I. There are no relevant negative impacts of the proposed use that cannot be
mitigated; and
J. That the proposed location, size, design, and operating characteristics of the
veterinary clinic; and the conditions under which it would be operated or
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; and
K. That the veterinary clinic will comply with each of the applicable provisions of this
title, except for approved variances.
Section 3: The City Council hereby approves CUP 13-004, 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,
officers; arid employees from any and all claims, actions, proceedings, damages,
jud'gments, 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 ob,tain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all ofthe costs related thereto,
including without limitation reasonable•attorney's fees anii 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.
� Resolution No. P-13-17
Page 3
B. Approval of this CUP:�equest 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, 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.
D. The use conditionally granted by this approval shall not be conducteii in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses.
E. The conditions of CUP 13-004 shall remain in effect for the life of the subject
use and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of tlie current property owner.
F. CUP 13-004 may be�subject to annual review; as determined by the Director of
Development Services; for compliance with 4he conditions of approval and to
address unresolved ope�ational concerns that may have been raised during the
prior year.
G. The applicant shall obtain a Building Permit for the proposed tenant
improvements. Prior to issiaance of a Building Permit, the applicant shall comply
with the following:
1. The applicanY 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. Disabled access shall be provided throughout the subject tenant space
and on the site in accordance with Title 24 regulations to the satisfaction
of the Director of Development Services.
4. Any signs proposed for the veterinary clinic shall be designed in
accordance with the Sign Ordinance. The necessary Sign Permit(s) and
Building Pe�mit(s) approvals for signage shall be obtained prior to
installation.
H. The following requirements shall be completed to the satisfaction of the Director
of Safety Services:
� Resolution No. P-13-17
Page 4
1. The applicant is required to meet all applicable PMC and California State
Fi�e and Building Codes for this project. The applicant is encouraged to
contact the Divisibn of Fi�e PFevention a4 (858) 668-4470 to set up a
meeting prior to submitting building plans in order to review project
requirements.
2. The building suite address shall be displayed in a manner visible from the
front access and rear access door. The Fire Inspector shall determine
size and location.
3. The building's fire sprinkler system shall meet PMC requirements. The
entire system is to be monitored by a central monitoring company and
backflow valve assemblies with tamper switches shall be monitored.
Relocation of six or more sprinkler heads shall requi[e a separate plan
submittal and approval by the Fire Department. A water analysis will not
be required.
4. A properly licensed contractor shall install an automatic fire alarm system
to approved standards. System shall be completely monitored by a Ul
listed central station alarm company or proprietary remote station.
5. The existing 'Knox' Security Key Box shall be equipped with master key(s)
enabling emergency responders to access the business.
6. Fire Department access for use of firefighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
7. Permanent access roadways for fire apparatus shall be designated as
`Fire Lanes' with appropriate signs and curb markings.
8. The number, type, rating, and location of fire extinguishers shall be
determined by the Fire Inspector during the final occupancy inspection
approval.
9. If inedical gases will be used in this building, they shall be installed to
meef requirements of the California Fire Code and Chapter 15.24 PMC.
10. Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used.
I. Upon establishment of the proposed use, pursuant to CUP 13-004, the following
shall apply:
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
Resolution No. P-13-17
Page 5
contained in Chapter 8.08 PMC. At no time shall equipment noise from
anysource, 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.
Section 4: The approval of CUP 13-004 shall expire on July 16, 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.
Section 5: 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 16�h day of July 2013.
s �
Don Higginson, Mayor
ATTEST:
L��L�--�
eila . Cobian, CMC, City Clerk
�
� � � Resolution No. P-13-17
Page 6
STATE OF GALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-13-17 was duly adopfed by the
City Council at a meeting of said City Council held on the 16tn•day of July 2013, and that
it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
�� ���. ����
he�R. Cobian, CMC, City Clerk
City of Poway