Covenant Regarding Real Property 2000-0680028CITY OF POWAY
CITY CLERK
TO:
2217
DOC--tt 2000-0880028
DEC 14, 2000 8:.34
ICI~L ~E ~
BAN DIEG COUNTY RE ER'S B~FICE
GREGORY . BMITH, - TY REOBR~ER
EES: .00
AM
No Transfer Tax Due
commonl
' C~ty of P ay[
(Exhibit).
This
owners,
,il
OWNERS [
: 34 I, '~ hereinafter).
run with the land and be binding upon and inure
heirs, personal
are the
future
and assigns of the
CITY
Dated: AO~" "~
.Dated: ~ I~j~ 9
OWNERS:
I~iark Brenner
(Notarize)
Brenner (Notarize)
Dated:
DSE ACKNOWleDGMENT
2218
State of California
County of
pers onally'-'appe ared
[~personally known to me
before me,
- oR- []
SS.
_7
(N(YTARY)
proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed lo the with'
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the ' the person(s),
or the entity upon behalf of which the
person(s) acted, executed the '
WITNESS my hand and official seal.
OPTIONAl, INFORI~kTION However,
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
TITLE(S)
[] OTHER:
SIGNER IS
DESCRIPTION OF ATTACHED DOCUMENT
OTHER
APA l~4
- 221.9
EXHIBIT A
Parcel B of Parcel Map No. 13746, in the City of Powa¥, Count,/of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County, April 10, 1985.
Parcel No:
Exhibit B -
RESOLUTION NO. P- ,~0-37 2220
A RESOLUTION OF THE CiTY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 99-13
AND MINOR DEVELOPMENT REVIEW 99-144
ASSESSOR'S PARCEL NUMBER 275-460-64
WHEREAS, Conditional Use Permit 99-13 and Minor Development Review 99-144
were submitted by Mr. and Mrs. Mark Brenner, for the purpose of establishing a mixed use
(live/work space) combining an existing house and office and the construction of a new
1,051 square foot office building to house a newspaper publishing b a .5 acre
lot located at 12708 Monte Vista Road, in the CO zone.
WHEREAS, on April 25, 2000, the City Council held a duly advertised public headng
to solicit comments from the public, both pro and con, relative to this application; and
NOW, THEREFORE, the City Council does hereby
follows:
Conditional Use Permit 99-13 and Minor Development Review 99-144
are determined to be Categorically Exempt under the provisions of the California
E Iai Quality Act, Class 3 the construction of a new small structure.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal 'Code for Conditional Use Permit 99-13 approving the establishment of a mixed
use project containing a live/work space and made as follows:
The project ' : with the General Plan in that a mixed use land use
is permitted with benefit of a conditional use permit.
That the location, size, design, and operating ch ~ the use will
be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, buildings, structures, or natural in that the
project is located on a property adjacent to existing retirement and medical
facilities which are of a g ¥ and scale than the approved project.
That the harmony in scale, bulk, coverage, and density is I with
adjacent uses, because the site will be developed with 1' ri buildings
which have been designed to be compatible with surrounding structures.
That there are available public facilities, services, and utilities because the
use will be located in a development where all necessary facilities are
already in place.
That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the facility has been designed with architectural
reference to the buildings surrounding it.
(
(. 22 .
Resolution No. P- 00-37
Page 2
That the generation of traffic will not adversely impact the surrounding streets
and/or the City's transt: in that the use will be operated by
the resident owners of the I: 'th a ' ' Iside staff. Parking
will be adequate given the scale of the proposed use.
That the site is suitable for the type and intensity of the use, in that it is an
area designated for public and semi-public uses and this
business is small .I intensity than adjoining land uses.
That there will not be significant harmful effects Ul: ~al quality
and natural in that the site had been previously graded and is
landscaped with vegetation. No natural habitat exists on the
property,
That there are no otb
cannot be mitigated.
negative impacts of the development that
The impacts, as described in subsections (A) through (I) of Sec. 17.48.070,
and the location, size, design and operating characteristics of the approved
use 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.
The proposed conditional use will comply with each of the applicable
p ' ' i Sec. 17.48.070 of the Poway Zoning Code.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal
Code for Minor Development Review 99-144 approving th *'a 1,051 square
foot office building along with the remodeling of the existing home are made
as follows:
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties because the
buildings have been designed to be architecturally compatible with
in the area.
The development encourages the ordedy and h
st :1 property within the City through il
Poway development standards.
appearance of
/ with the City of
22'22
Resolution No~ P- 00 - 3 7
Page 3
Section 4: The finding lance with
public imp made as follows:
l Code Section 66020 for the
Additional sewer impacts are expected to be generated by the use of the
new 1,051 square foot office building. The sewer impact fee is based on
new square footage and gives credit for the existing home.
Additional traffic impacts will occur as a result of the establishment of an
office building and ' use on the property. The added fee is based
on a "trip generation" formula for the new building only.
Section 5: The City Council hereby approves Conditional Use Permit 99-13 and
Minor Development Review 99-144 to allow for a mixed use live/work complex which
includes an existing single-family home and the construction of a new office
building, subject to the following conditions:
Within 30 da,? of approval (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 on Real Property.
The uses conditionally granted by this approval shall not be conducted in
such a to interfere with th 31e use and enjoyment of the
surrounding residential and ' 'uses.
The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the condit' ' :t
herein.
The applicant shall comply with the Poway Municipal Code and the latest
adopted Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code, and all other
applicable codes and ordinances.
If a grading permit is required, it must be obtained prior to issuance of a
building permit. Compliance with the following conditions is required prior to
f a grading permit:
If grading is to exceed 50 cubic yards of earthwork, or if the cut is
more than two feet and the fill is more than one foot, then the
applicant shall apply for a grading permit and submit a grading plan
for review and approval to the City's Development Services
Department. If it is determined that grading does not exceed 50 cubic
yards and a grading permit is not required, then the applicant shall
Resolution No. P-00-37
Page 4
provide a certification from a State Registered Civil Engineer
indicating, the quantity of earthwork involved and pay a $500
inspection fee prior to building permit'
A grading plan, if required for the development of the lot, shall be
submitted to the Development Services Department, Engineering
Division, f and approval. As a ' ' the grading plan
shall show the following:
All new slopes with a
slope.
2:1 (horizontal to vertical)
bo
Driveways, in compliance with the specifications provided in
Section 17.08.170D of the Poway Municipal Code, and
including minimum structural sections together with their
elevations and grades.
A separate erosion control plan for prevention of sediment
runoff during
do
All utilities (proposed and existing), together with their
appurtenances and :1 Is. Encroachments
are not permitted upon any I without an approved
encroachment agreementJpermit.
so
Locations of all utility boxes, cleady identified in coordination
with the respective utility companies and approved by the City
prior to any installation work.
Tops and toes of graded slopes shall be shown with a minimum five
foot setback from open space areas and property lines. Buildings
shall be located at least five feet from tops and toes of slopes, unless
waived by the Planning Division and/or Engineering Division prior to
fa grading permit.
A soils/geological report shall be prepared by an engineer licensed by
the State of California to perform such work and shall be submitted
with the grading plan.
A drainage study using the 100-~ frequency cdteda shall be
submitted with the grading plan. The drainage system shall be
capable of handling and disposing of all surface water within the
222
Resolution No. P- 00-37
Page 5
project site and all surface water flowing onto the project site from
adjacent lands. Said system shall include all required to
propedy handle the drainage. Concentrated f~ driveways
are not permitted.
o
The applicant shall pay all applicable engineering, plan checking,
permit, and inspection fees.
The applicant shall prepare a Storm Water Pollution Prevention Plan
(SWPPP) that effectively addresses the ' of
the storm drain system. The SWPPP shall include, but not
be limited to, an effective method of hillside erosion and sediment
control, a matedal storage site, to protect construction
material from being exposed to storm runoff, protection of all storm
drain inlets, truck wash and waste control, and other
means of Best Management Practices to effectively eliminate
pollutants f ;] the storm drain sv~*em. The applicant shall
certify the SWPPP pdor to approval of the grading and improvement
plans. The SWPPP may be ' ',ed with the erosion control
plan, but shall be under separate cover from the grading and
improvement plans.
Grading securities in the form of a I: bond and a cash
deposit or a letter of credit shall be posted with the City.
Compliance with the following conditions is required during grading
construction:
The site shall be developed in accordance with the approved site
plans on file in the Development Services Department and the
condit' ~ herein. Grading shall I: Jance with the
Uniform Building Code, the City Grading Ordinance, the approved
grading plan, the approved soils report, and grading practices
acceptable to the City.
E Irol, including but not limited to desiltation basins, shall be
installed and ' ~ ' :1 by the developer from October 15 to April 15.
The developer shall maintain all erosion control devices throughout
their intended life.
Prior to start of any work within City-held '3hts-of-way,
a right-of-way permit shall be obtained from the Engineering Division
of the Development Services Department. All appropriate fees shall
be paid prior to permit'
- 2225 -
Prior to building permit'
following:
Resolution No. P- 00-37
Page 6
the applicants shall comply with the
A detailed landscape and irrigation plan shall be submitted to and
approved by the Planning Division prior to the issuance of building
permits. Plans shall be prepared in accordance with the City of
Poway Guide to Landscape Req (latest edition).
Roof covering shall be fire retardant as per UBC Section 3203(e) and
City of Poway Ordinance No. 64.
Rough grading is to be completed and meet the approval of the City
inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the
engineer of work.
b. A final soil compaction report for the lot for review and
approval by the City.
The following development fees shall be paid. These fees are
currently in effect, and are subject to change without notice:
Water
The property ' ~3 %" meter. If the building is required
to be fire sprinklered, the meter shall be up sized to one inch and a
fee of $140 shall be paid.
If the existing % 3 sized to one inch as well due to the one
inch meter, a fee of $1,350 for the service shall be paid.
Since there is an existing structure on this lot, the San Diego County
Water Authority Fee and expansion fees are not required.
Sewer
Existing square footage = 2,285 sf.
Proposed office = 1,051 sf.
1,051
2,285 = 0.46 x $2,356/EDU = $1,084
Resolution No. P- 00- 37
Page 7
Traffic
(20 trips/I,000 sf) (1,051 sf)($66)(0.25) = $347
Prior to occupancy, the applicant shall comply with the following:
All conditions of approval contained herein shall be completed to the
satisfaction of the Director of Development S ri the Director
of Safety Services.
Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with all-weather
driving surfaces of not less than 20 feet of unobstructed width, with
adequate roadway turning radius capable of supporting the imposed
loads of fire apparatus having a minimum of 13' 6" of vertical
The road surfac~, type shall be approved by the City
Engineer, pursuant to the City of Poway Municipal Code.
A K .y key box shall be required for the building at a location
determined by the City Fire Marshal. The box shall be obtained
through the Fire Department.
=
Permanent Jways for fire apparatus shall be designated as
"Fire Lanes" with appropriate signs and curb markings.
Minimum 2A:10BC fire extinguisher(s) are required for 3,000 square
feet and 75' of travel distance.
Driveways, drainage facilities, slope landscaping and protection
utilities, water and ~all be constructed,
completed, and inspected by the Engineering Inspector.
The driveway shall be :1 in
Municipal Code Section 17.08.170D and il
shown on the site plan.
accordance with Poway
section shall be
An adequate drainage system around the building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
The existing driveway apron on Monte Vista Road shall be removed
and replaced with full height curb, gutter, and sidewalk. This work
2227
Resolution No. P- 00-37
Page 8
shall include all :1 pavement removal~ :ljacent
to the curb. All imp onsite and offsite, shall be inspected
by the Engineering Inspector,
10.
The existing ground cover along the southwesterly portion of the
property has grown over the public sidewalk on Monte Vista Road,
reducing the width of the sidewalk. This ground cover shall be
trimmed to eliminate all vegetation growth over the sidewalk.
11.
The mail box on Monte Vista Road shall be located on private
property to prevent encroachments into the public fight-of-way.
12.
The final site plan shall d le that the proposed do
not encroach upon or interfere with any of the utility and City
:s as listed in the title report.
13,
All proposed L'tilities within the project site shall be installea
underground.
14.
Record drawings of the grading plan, signed by the engineer of work,
shall be submitted to Development Services prior to a request of
occupancy, per Section 16.52.130B of the Grading Ordinance.
Record drawings shall be submitted in a manner to allow the City
adequate time for review and approval prior to issuance of
occupancy and release of grading
15.
Street trees, ' ' : 15 gall larger, shall be installed
in accordance with the project's approved landscape plan and shall
be planted at an average of 30 feet on center spacing along all
streets. Every effort shall be made to retain the existing street trees.
Additional trees may be required to meet City standards.
Upon establishment of the use, the following conditions shall apply:
1 Hours of operation shall be limited to 6:30 a.m. to 6:00 p.m. daily.
2. No on-street parking for eith
Iaff shall be permitted.
All landscaped areas shall be :1 in a healthy and thriving
condition, free from weeds, trash and debds.
Any signs proposed for this development shall be designed and
approved in 'Ih the Sign Ordinance.
Resolution No. P- 00-37
Page 9
~ { This approval shall become null and void if building permits for this
project are not issued by April 25, 2000 at 5:00 p.m.
Section 7: Pursuant to I Code Section 66020, the 90-day approval
period in which the applicant my protest the imposition of any fees, dedications
reservations, ~osed pursuant to this approval shall begin on Apd125, 2000.
Section 8: The terms and conditions of Conditional Use Permit 99-13 and Minor
Development Review 99-144 shall be binding upon the permittee and all persons, firms
and corporations having : in the property subject to these permits and the heirs,
executor, administration, and assigns of each of them, including municipal
corporations, public ag :1 districts.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 25th day of April, 2000.
ATTEST:
Lori Anne Peoples, City CI6¢k
Michael P. Cafagna,
2229
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS.
Resolution No. P- 00- 37
Page 10
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 00- 37 was duly adopted by the
City Council at a meeting of said City Council held on the 25th day of Apdl, 2000, and that
it was so adopted by the following vote:
AYES: GOLDBY,
NOES: NONE
ABSTAIN: EHERY
ABSENT: REXFORD
HIGGINSON, CAFAGNA
nne Peoples, City Clerk
City of Poway