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Covenant Regarding Real Property 2013-0598842RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 317- 271 -63 D O C # 2013-0598842 1111111111111111111111111111111111111111111111111111111111111 IT III OCT 02, 2013 2:07 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 34.00 PAGES: 7 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Sheldon Family Trust dated, 11/12/09, OWNER ( "OWNER" hereinafter), is the owner of real property commonly known as 12125 Paine Street ( "PROPERTY hereinafter), and more fully described as: Parcel 4 of Parcel Map No. 16741, in the City of Poway, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 10, 1992 as file no. 92- 0016043 of Official Records. In of the approval of Conditional,Use Permit (CUP) 13 -010 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 In the event that CUP 13 -010 expires or is rescinded by City Council, or the OWNER terminates the use permitted by'the CUP, upon the request of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY and CUP 13 -010 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 all costs, including reasonable attorneys' fees, from the other party. OWNER: Sheldon Family Trust dated 11112/09 J 7 Dated: 9 3 ///r� illy Sheldon, Trustee (Notarize) �? CITY OF POWAY: Dated: By: lxe��o � Z o ert J. Manis, it ct& bf' a lopment Services M: \planning \13 reports \CUP \CUP 13 -010 - 12125 Paine St Outdoor Storage \covAocx 13 " I Exhibit A RESOLUTION NO. P -13 -22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 13 -010 ASSESSOR'S PARCEL NUMBER 317- 271 -63 WHEREAS, an application was submitted by Billy Sheldon, "Applicant ", requesting approval of a Conditional Use Permit (CUP) 13 -010 to establish a contractor's office with outdoor storage on a developed property located at 12125 Paine Street; and WHEREAS, on August 20, 2013, the City Council held a duly advertised public hearing to solicit comments from the public, both for and "against, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: Pursuant to the California Environmental Quality Act (CEQA), the proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301(e) of the 2013 CEQA Guidelines, in that the proposed project involves the approval of a CUP for the purposes of accommodating a contractor's office with outdoor storage and will result in only negligible expansion of an existing use. Specifically, the project will not result in an increase of more than 50 percent of the floor tarea space or 2,500" square feet. Additionally, (1) there is no reasonable. possibility that the project will have a significant effect on the environment due to unusual circumstances; (2) the proposed project will not result in damage to scenic resources; (3) the proposed project is not to be used for a project located on a hazardous waste site; and (4) the proposed project will not cause a substantial adverse change in the significance of a historical resource. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 13 -010 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 a contractor's office with outdoor storage is permitted at this location with approval of a CUP on the effective date of an Ordinance approving Specific •Plan "Amendment (SPA) 13 =002, that changes the land use designation on the property at 12125 Paine Street from Light Industrial (LI) to Light Industrial- Storage (LI -S). 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 site has adequate on -site parking to accommodate the use. Resolution No. P -13 -22 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 property is surrounded by existing development and the use is the same use'that previously operated at the site and will be complementary to other Light Industrial (LI) uses located north, west, and east of the site, Industrial Park (IP) uses to the south of the site and LI- S uses located within the vicinity of the site; and will provide employment opportunities within the Business Park. The facility is located within an existing building which complies with South Poway Specific Plan requirements. No significant changes to the building exterior are proposed. Replacement of the security gate and perimeter fencing will be installed to screen any visibility of the outdoor storage area. 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 site has adequate onsite parking to accommodate the proposed use and the outdoor storage area will be adequately screened from surrounding properties. 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 and LI -S land use area. G. The site is suitable for the type and intensity of use or development that is proposed in that the use is the same use that previously operated at the site and the facility (an existing building with outdoor storage) will provide employment opportunities within the Business Park. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed facility (an existing building with outdoor storage) will not involve the removal of natural habitat resources. 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 or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the site has adequate parking to accommodate the proposed use and all activities, will -occur within an existing building or within an adequately screened outdoor storage area. 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 -22 Page 3 Section 4: The City Council hereby approves CUP 13 -010 to establish a contractor's office with outdoor storage 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, 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. B. This Conditional Use Permit (CUP 13 -010) is approved contingent on an Ordinance approving Speck Plan Amendment (SPA) 13 -002 to change the land use designation on the subject property from Light Industrial (LI) to Light Industrial- Storage (LI -S) and shall not become effective until the Ordinance is in effect. C. Approval of this CUP shall apply only to the subject: project and shall not waive compliance with the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. D. 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. E. 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. F. The ,conditions of CUP 13 -010 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. G. CUP 13 -010 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. Resolution No. P -13 -22 Page 4 H. The applicant shall provide building improvements as required by the building and fire codes for the- change in occupancy in this building. Submit a written description of proposed activities, including, but not limited to, minor work- related activities to be performed in the outdoor storage area (i.e., loading and movement of materials, etc.). J. 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. Fire Safety Services: K. The automatic fire sprinkler system shall be modified to provide coverage of the proposed canopy 'cover. The:addition of more than six sprinkler heads requires a separate fire sprinkler system plan submitted to the Fire Department for review, approvals and inspection. The plans shall be prepared, and system installed by a C -16 licensed contractor. L. The applicant shall install one (1) approved 'Knox' Security Key Box for'the building at a location determined by the City Fire Marshal. Planning Division: M. The outdoor storage area as depicted on the approved Site Plan for CUP 13 -010 shall maintain adequate screening at all times. The outdoor storage area shall not exceed approximately 1,300 square -feet, as depicted on the approved Site Plan on file. The. outdoor storage area may contain various open -bed trailers, water /sewer pipes and other associated components. N. The outdoor storage area as depicted on the approved Site Plan for CUP 13 -010, may include incidental activities, that may occur from time to time, on an as- needed basis, involving vehicle loading of materials, materials storage, shipping of materials, receiving of materials and vehicle parking associated with business vehicles. The outdoor storage area shall not be' used to store any personal vehicles. O, Materials, supplies, minor equipment and minor incidental activities shall not cause any objectionable noise, smoke, odor, dust, noxious gas, vibration, glare, heat, fire hazards, or any other objectionable materials to emanate from the property. Engineering /Land Development: P. Activities not allowed within the outdoor storage area, as depicted on the approved. Site Plan for CUP 13 -010, without. application, review and approval from the City of Poway for conformance with stormwater protection policies include, but are not limited to: Resolution No. P -13 -22 Page 5 Sandblasting, ii. Oil changing, iii. Uncovered trash receptacle storage, iv. Storage of indoor equipment outdoors — especially equipment with oil /grease, V. Liquid storage, vi. Vehicle washing, vii. Construction material, storage, . viii. Activities /materials that would generate any exposed pollutants. Section 5: The approval -of CUP 13 -010 shall expire on August 20, 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. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 20th day of August 2013. Don Higginson, Mayor ATTEST: �z_OGi� .0 OTC N .11 Nom_ Sheila R. Cobian, CMC, City Clerk City of Poway STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) 1, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 13 -22, was duly adopted by the City Council at,a meeting of said City Council held on the 20th day of August 2013, and that it was so adopted by the following vote: AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Aig 0 i 0x Sheila R. Cobian, CMC, City Clerk City of Poway CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S� O lee� On 9 CQ3 -13 before Date personally appeared Place N.,., Saar Above who proved to me on the basis of satisfactory evidence to be the personN whose name(s) isfbare subscribed to the within instrument and acknowledged to me that he /s4/0igy executed'the same in his/he�tfieif authorized capacityoaq;), and that by his/ha#tteirsignature(r4) on the instrument the person(s,, or the entity upon behalf of which the persorN acted, executed the instrument. I certify, under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signelure of. NOlory Public � 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. ^ r1 Description of Attached Document I pQ I Q5 Title or Type of Document:_ 'V N mt1 T-• �+�/ �'E�- KO q PP i 114C 31 Document Date: _���g L�J'^ ._N,um�+ber of Pageess-�C �� S+ � \A Signer(s) Other Than Named Above: C' 1 ^w \�• Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): • Partner — ❑ Limited 7 General MMU • Attorney in Fact • Trustee. 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