Covenant Regarding Real Property 2014-0010793RECORDING REQUEST BY:
CITY OF POWAY
(d WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 317 - 270 -08
D Q C # 2014-0010793
1111111 II IIII II 1111111111 IIIII IIIII 1 11111 IIII IIIII I II
JAN 09, 2014
10:51 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg. Jr.. COUNTY RECORDER
I FEES: 37.00
PAGES:
I IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
CWTN Associates LLC, ( "OWNER" hereinafter), is the owner of real property commonly
known as 13250 Kirkham Way ( "PROPERTY hereinafter) and more fully described as:
LOT 53 OF CITY OF POWAY TRACT NO. 85 -04, UNIT 2, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12572,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28,
1990, AS INSTRUMENT NO. 90- 107515 OF OFFICIAL RECORDS.
In consideration of the approval of Specific Plan Amendment (SPA) 13 -003 and Conditional
Use Permit (CUP) 13 -015 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In the event that CUP 13 -015 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by CUP 13 -015, upon the request of the OWNER the CITY shall
expunge this Covenant from the record title of the PROPERTY and CUP 13 -015 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: CWTN Associates LLC
Dated: 4�zt<' _ _
C.A. Wesolowski (Notarize)
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CITY OF POWAY:
Dated: 12-NI-3 By: /,Zw/v , "o,
R bert J. Mani , Direktcd of beve pment Services
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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❑ Corporate Officer— Title(s):
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❑ Attorney in Fact
❑
❑ Guardi Other: an or Co valor
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❑ Corporate Officer — Title(s):
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❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPR 11T
-- OF SIGNER
02007 Natonal Notary Asscaatlon• 9350 De Soto Ave, P.O. Box 2402•Cha4sWM, CA 91313-2402• w Natlonalrtotaryorg Ilem05907 ReooJer Call TdFRee 1- 600.8]6882]
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(q) is /arasubscribed to the
within instrument and acknowledged to me that
he /shefthey executed the same in his/her/their authorized
capacity(ies), and that by his/her/theic signature(o on the
instrument the person(s), or the entity upon behalf of
which the person() acted, executed the instrument.
... DANA RASMUSSEN
Commission a 1975965
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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:
Document Date:
Number of Page
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ Get
❑ Attorney in Fact
❑
❑ Guardi Other: an or Co valor
❑ Other:
Is Representing:
Signer's Nat
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
• ❑ Attorney in'Fact
Top of thumb here L1 Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPR 11T
-- OF SIGNER
02007 Natonal Notary Asscaatlon• 9350 De Soto Ave, P.O. Box 2402•Cha4sWM, CA 91313-2402• w Natlonalrtotaryorg Ilem05907 ReooJer Call TdFRee 1- 600.8]6882]
RESOLUTION NO. P -13 -29
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 13 -015
ASSESSOR'S PARCEL NUMBER 317 - 270 -08
WHEREAS, an application was submitted by CWTN Associates LLC, requesting
approval of an amendment (SPA 13 -003) to the South Poway Specific Plan (SPSP) to
change the land use designation on a developed property located at 13250 Kirkham
Way from Light Industrial (LI) to Light Industrial- Storage (LI -S), as well as requesting
approval of Conditional Use Permit (CUP) 13 -015 to establish a contractor's office with
outdoor storage; and
WHEREAS, on December 3, 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: 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 (CEQA) pursuant to Section 15301(e) of the 2013
CEQA Guidelines, in that the project involves an amendment to the South Poway
Specific Plan (SPSP) to change the land use designation from Light Industrial (LI) to
Light Industrial- Storage (LI -S) and the approval of a Conditional Use Permit (CUP) for
an existing use on a developed site that includes a contractor's office with outdoor
storage and will not result in any expansion of the use. Specifically, the project will not
result in any increase of floor area space. 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 wastesite;.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 -015 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 -003, that changes the land use
designation on the property at 13250 Kirkham Way from Light Industrial (LI) to
Light Industrial- Storage (LI -S).
Exhibit A
Resolution No. P -13 -29
Page 2
B. The location, size, design, and operating characteristics of the proposed facility
will be compatible with and will not;adversely affect orbe materially detrimental to
adjacent uses, people, buildings, structures, or natural resources in that the site
has adequate onsite parking to 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
other LI uses located immediately to the north, east, south, and west of the
subject site and LI -S uses located within the vicinity of the site and will provide
employment opportunities within the Business Park. The site contains existing
buildings which comply with South Poway Specific Plan requirements. No
significant changes to the: exterior of the buildings are proposed. Upgrades will
be made to the existing front fence and mechanical gate 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 use which is on a developed lot within an existing building and
partially outdoors.
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.
The outdoor storage area will be screened from view.
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 areas.
G. The site is suitable for the type and intensity of use or development that is
proposed in that the facility (existing buildings with an outdoor'storage area) 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 (existing buildings with an outdoor
storage area) 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.
Resolution No. P -13 -29
Page 3
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 13 -015 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 un less .such,settlement is approved by applicant.
B. This Conditional Use Permit (CUP 13 -015) is approved based on an Ordinance
approving Specific Plan Amendment (SPA) 13 -003 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 -015 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.
Resolution No. P -13 -29
Page 4
G. CUP 13 -015 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 mayhave.been raised.during the prior year.
H. The applicant shall provide building improvements as required by the building
and fire codes if any change in occupancy in this building is proposed.
I. 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:
J. Any interior changes to the office or warehouse will require review to
determine if the existing automatic fire sprinkler system needs to be modified.
The addition of more than six sprinkler heads requires a separate fire sprinkler
system plan submitted to the Poway Fire Department for review, approval, and
inspection. The plans shall be prepared and system installed by a C -16 licensed
contractor.
K. The applicant shall maintain the existing mechanical gate at the entry to the
outdoor storage area, which must meet Poway Fire Department policies deemed
necessary for rapid, reliable access. The automatic gate shall be equipped with
approved, emergency, key-operated switches overriding all command functions
to open the gate. An approved key- operated switch shall be dual -keyed or dual -
switches to facilitate access by law enforcement personnel. Fire Department
shall approve location of key- operated switches.
Planning Division:
L. The outdoor storage area, as depicted on the approved Site Plan for CUP 13-
015, shall ,maintain adequate screening at all times. The outdoor storage area
shall not exceed approximately 11,700 square -feet, as depicted on the approved
Site Plan on file. The outdoor storage area may contain various electrical
components such as switchgear boxes, work carts, transformer boxes, and
pulling equipment.
M. The outdoor storage area as depicted on the approved Site Plan for CUP 13 -015,
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, vehicle parking and vehicle inspection, limited
testing of vehicles and /or equipment and minor maintenance of equipment (e.g.:
headlight replacement, tire replacement, replacement of vehicle wiper blades,
etc.).
N. 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.
Resolution No. P -13 -29
Page 5
Engineering /Land Development:
O. Activities not allowed within the outdoor. !storage area, as depicted on the
approved Site Plan for CUP 13- 015,, without application, review and approval
from the City of Poway regarding approved stormwater protection include, but
are not limited to:
i. 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 -015 shall expire on. December.3..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 3rd day of December 2013.
�— )ev �
Don Higginson, Mayor
ATTEST:
Q Rr
Meila R. Cobian, CMC, City Clerk
Resolution No. P -13 -29
Page 6
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P- 13 -29; was duly
adopted by the City Council at a meeting of said City Council held on the 3rd day of
December 2013, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila W'Cobian, CIVIC, City Clerk
City of Poway