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Covenant Regarding Real Property 2015-0184597CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 317- 223 -31 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY GM Partnership ( "OWNER" hereinafter), is the owner of real property commonly known as 12455 Kerran Street ( "PROPERTY hereinafter), and more fully described as: Lots 43 and 44 of City of Poway Tract 85 -04, Unit 1, in the City of Poway, County of San Diego, State of California, according to map thereof No. 11742, filed in the Office of the County Recorder of San Diego County, March 9, 1987. In consideration of the approval of Conditional Use Permit (CUP) 14 -019 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 In the event that CUP 14 -019 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 14 -019, upon the request of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY and CUP 14 -019 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. Dated: 2 `/ ' / S Dated: 3by hs- . OWNER: GM Partnership SulvafeKe 7 r1y1 ivcFVt i . (Notarize) Its: (' M CITY OF POWAY: By: ert J. ar Services J-4142 41L DOC# 2015 - 0184597 VIII IIII IIII 111111 (IIII Ilill VIII IIII 111111 VIII VIII VIII VIII IIIiI Apr 17, 2015 08:04 AM RECORDING REQUEST BY: ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., CITY OF POWAY ) SAN DIEGO COUNTY RECORDER FEES $42.00 WHEN RECORDED MAIL TO: 1 CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 317- 223 -31 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY GM Partnership ( "OWNER" hereinafter), is the owner of real property commonly known as 12455 Kerran Street ( "PROPERTY hereinafter), and more fully described as: Lots 43 and 44 of City of Poway Tract 85 -04, Unit 1, in the City of Poway, County of San Diego, State of California, according to map thereof No. 11742, filed in the Office of the County Recorder of San Diego County, March 9, 1987. In consideration of the approval of Conditional Use Permit (CUP) 14 -019 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 14 -019 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 14 -019, upon the request of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY and CUP 14 -019 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. Dated: 2 `/ ' / S Dated: 3by hs- . OWNER: GM Partnership SulvafeKe 7 r1y1 ivcFVt i . (Notarize) Its: (' M CITY OF POWAY: By: ert J. ar Services J-4142 41L CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 - -. ��, �. m, rc�carczs; �: stsct; �Tinsc�c +x�arcear-.ortiscerr.�scxc�.� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia ) County of eq,p On 3 a __beforeme, floStL/�rutc./�Ctt�t`�z /Lio{�cuPk�O�rC_ Date Here Insert Name and Title of the 'Officer cer personally appeared4y4lme— T oN+,s GNncers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose namel7af Wafer subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in hisAw0flieir authorized capacity(ies), and that by his/herftheir signature(s)on the instrument the person(A or the entity upon behalf of which the persono acted, executed the instrument. 0ROSA MARIA MARTINEZ Commission No.2080934 ~'� �' NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNfY My Comm. Expves SEPTEMBER . 2018 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 Ja�146v, Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 8u&(& � Document Date: 41911_ S4 Number of Pages: of Signer(s) Crther Aan Namedd Above: K&ct -J Mco :s Capacity(les) Claimed by Signer(s) Signer's Name: SolunhreTW^as &r1A eri U Corporate Officer — Title(s): ,PPartner — I 1 Limited I 1 General Individual ❑ Attorney in Fact ❑ Trustee LI Guardian or Conservator ❑ Other: Signer is Representing: 6 PArtnersk Signer's Name: 17 Corporate Officer — Title(s): • Partner — Limited f !General • Individual 'Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1. 800 -US NOTARY (1- 800 - 876 -6827) Item A5907 RESOLUTION NO. P -15 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 14 -019 ASSESSOR PARCEL NUMBER 317 - 223 -31 WHEREAS, the City Council considered Conditional Use Permit (CUP) 14 -019; a proposal to establish an approximately 47,000- square -foot indoor ice skating arena, training facility and offices within an existing industrial building at 12455 Kerran Street, in the Light Industrial (LI) Land Use Designation area of the South Poway Specific Plan (SPSP); and WHEREAS, on March 17, 2015, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 14 -019 to establish an indoor ice skating arena, training facility and offices at 12455 Kerran Road are made as follows: A. The proposed location, size, design, and operating characteristics of the indoor ice skating arena, training facility and offices are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the Poway General Plan, and the development policies and standards of the City, in that an indoor recreational facility in the LI Land Use Designation of the SPSP area is allowed with the approval of a CUP. B. The location, size, design, and operating characteristics of the indoor ice skating arena, training facility and offices will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, buildings, or structures in that the use will be conducted within a building. C. That the harmony in scale, bulk, coverage and density of the indoor ice skating arena, training facility and offices is consistent with adjacent uses in that the project is similar in scale to other surrounding industrial and office development. D. There are adequate public facilities, services and utilities available at the subject site to serve the indoor ice skating arena, training facility and offices. No new utilities are proposed. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the indoor ice skating arena, training facility and offices are located within an existing building surrounded by industrial and office uses. Resolution No. P -15 -10 Page 2 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. The business would provide adequate off - street parking for cars. G. The site is suitable for the type and intensity of the proposed development in that the indoor ice skating arena, training facility and offices would be contained in an existing building surrounded by industrial and office uses, and is appropriate to the purpose of the LI Land Use Designation area, in which the site is located, with the approval of a CUP. H. There will not be significant harmful effects upon environmental quality and natural resources in that the chiller units will be located indoors, the Zambonis will be electrical, and wastewater from the ice cleaning activities will be disposed of into the sewer system. The site is fully developed and no natural resources exist. I. There is no relevant negative impact associated with the operations of the ice skating arena, training facility and offices. A Negative Declaration was prepared that determined the project would result in no or less than significant impacts. J. The potential impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the ice skating arena, training facility and offices, 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 or the SPSP, in that the associated activities will be conducted indoors. K. The proposed indoor ice skating arena, training facility and offices will comply with the applicable provisions of the Zoning Ordinance and the SPSP. Section 2: The findings, pursuant to Government Code Section 66020, for the public improvements for CUP 14 -019 are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project. B. In accordance with the Poway General Plan, the project requires the payment of applicable development impact fees, which are assessed on a pro -rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Section 3: The City Council hereby approves CUP 14 -019 as shown on the plans and project description on file with the City, subject to the following conditions: Resolution No. P -15 -10 Page 3 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. Approval of this CUP request 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. Additionally, the project shall comply with the stipulations contained in the applicant's submitted operational statement on file with the City. C. Within 60 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 14 -019 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 the current property owner. F. CUP 14 -019 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. Proposed signage shall be in accordance with the Poway Sign Ordinance; the necessary permits and approvals shall be obtained for any signage proposed prior to installation. Resolution No. P -15 -10 Page 4 H. The applicant shall obtain a Building Permit prior to construction. Prior to issuance of a Building Permit, the applicant shall comply with the following: (Planning) 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. The applicant shall contact the Poway Unified School District 858- 679 -2570) to verify if school impact fees are required. If required, the fees shall be paid at the rate established at the time of Building Permit issuance. 4. All architectural details shown on the approved CUP plans shall also be shown on the building plan check submittal. Modifications to the building or site design details on the approved CUP plans may require approval of a CUP revision. 5. If new roof - mounted equipment is proposed, the building plans shall include elevations and cross sections that show all new roof appurtenances, including air conditioning, architecturally integrated, screened from view, and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 6. Landscape and irrigation plans shall be submitted and approved. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, the SPSP, and all other applicable standards and ordinances in effect at the time of landscape and irrigation plan submittal. The landscape and irrigation plan submittal is separate from other project plan check submittals, and is made to the Planning Division. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. To the satisfaction of the Director of Development Services, the landscape plans shall also provide irrigation, and plant sizes and species for new landscape areas and existing areas to be refurbished, including, but not limited to, the addition of a minimum of nine trees. (Engineering) 7. A minimum cash security of $2,000 is required for erosion control. Resolution No. P -15 -10 Page 5 8. The applicant shall attend a pre- construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 9. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life. 10. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. The current fee amount is $2,636. 11. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. Listed below are estimates of the current applicable fees and amounts: a. Traffic $16,270 b. Sewer $5,760 The applicant shall comply with the following fire safety requirements, to the satisfaction of the Fire Marshal: 1. The applicant is required to meet all applicable PMC and California State Fire and Building Codes for this project. The applicant is encouraged to contact the Division of Fire Prevention at 858 - 668 -4470 to set up a meeting prior to submitting building plans in order to review project requirements. 2. Roof covering of the existing building and the canopies in the activity areas shall be fire retardant as per PMC 15.04.050, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 3. The building shall display the approved numbers and /or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and be a size between six (6) inches (minimum) and 18- inches (maximum). The building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff Department - ASTREA criteria. Resolution No. P -15 -10 Page 6 4. 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 require a separate plan submittal and approval by the fire department. A water analysis will not be required. Advisory The applicant is encouraged to evaluate the underground components of the fire sprinkler system. The City of Poway requires that anytime an underground water supply system for an existing fire protection system fails, including maintenance, testing, and seismic failures, the fire protection system shall be retrofitted with backflow protection devices. 5. A properly licensed contractor shall install an automatic fire alarm system to approved standards. System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 6. A properly licensed contractor shall install an automatic fire alarm system to approved standards. System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 7. Rack storage in excess of 8 -feet in height requires a Building Division permit for installation. 8. Proposed chiller and accessory equipment shall meet applicable requirements of National Fire Protection Association (NFPA). J. Prior to issuance of the Certificate of Occupancy: 1. 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 appropriate City departments will be required. (Engineering) 2. All utility services shall be installed and completed by the applicant, and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground. 3. An adequate drainage system shall be provided around the building pad capable of handling and disposing all surface water to the satisfaction of the Engineering Inspector. Resolution No. P -15 -10 Page 7 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public improvements caused by construction activity from this project. K. Upon establishment of the indoor ice skating arena, training facility and offices pursuant to CUP 14 -019, the following shall apply: (Planning) 1. The activities shall comply with the stipulations contained in the applicant's submitted operational statement on file with the City. 2. The owner or operator of the indoor ice skating arena, training facility and offices shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit and in accordance with the applicant's operational statement on file with the City. 3. No loudspeaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance, including telephone, electric bell, or chime system. 4. All landscaping onsite and within the adjacent public right -of -way shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface. 5. The parking areas, driveways and landscape areas shall be well maintained. 6. Spectator seating shall not be provided without prior City approval of a modification of the CUP. Section 4: The approval of CUP 14 -019 shall expire on March 17, 2017, 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 prior to its expiration. 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. Resolution No. P -15 -10 Page 8 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 17th day of March 2015. -Steve Vaus, Mayor ATTEST: Sheila R. obian, CIVIC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P -15 -10 was duly adopted by the City Council at a meeting of said City Council held on the 17th day of March 2015, and that it was so adopted by the following vote: AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE a J; 1- Shed . R. Cobian, CMC, City Clerk City of Poway