Covenant Regarding Real Property 1995-0131201
I 854
r~~ U 1995-0131201.
30-MAR-1995 08106 AM
OFFICIAL RECIJI)S
SAM DIEGO CIUITY RECORDER'S OFFICE
GREGORY SIUTII, COUIITY RECIIm
RF' 12.00 FEESI 28,00
AFI 15,00
IIfI 1.00
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
}
)
)
)
}
}
)
)
}
}
}
)
(ThiS space for Recorder's Use)
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Unda L Wells ("OWNER" hereinafter) is the owner of real property described In Exhibit A which is
attached hereto and made a part hereof and which Is commonly known as Assessor's Parcel Number 275-
800-08 ("PROPERTY" hereinafter). In consideration of the approval of Minor Development Review 94-57 by
the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached
resolution (Exhibit B).
This Covenant shall run with the iand and be binding upon and inure to the benefit of the future
owners, encumbrancers. successors, heirs. personal representatives, transferees and assigns of the
respective parties.
In the event that Minor Development Review 94-57 expires or is rescinded by City Council at the
request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.
If either party is required to incur costs 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. The CITY may assign to persons impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
Dated: ~/qS-
~~, df 7hft/
L' a L. Wells,
OWNER (Notarize)
CITY OF POWAY
Dated:-3- 7-'1S-
By:
.,
'J....-,' c;...~
//'A. :/A,/'
,
,,/) JJ -,,/1,\
\ 856
C4L1FORNIA ALL.PURPO~_ ACKNOWLEDGMENT
No. 5907
State of G !/frlY' Pi f 10-.-
County of q '" 2))~-~ 0
On .4 nit ~c::, /9'f'5 before me,
DATE
~/ /ltla
personally appeared
b71f .i4AJLt?/'
C l N& TI)~27::s. EG~. "JANE DOE. NOTARY PUBLIC"
NAME{S) OF SIGNER(S)
o personally known to me - OR -):zJ: proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged 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 instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
UTA MANLEY "
Comm. . 968460 <
> NOTARY PU8L1C.. CALIFORNIA <JJ
> Son DieS. County
~~ _ _ _ _My~~tI~~;.~~t
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
"giNDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
Col/fnOl1f l22..!fdl17j f(pd?~
TITLE OR TY E OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
;:;) 0#0 I" A'UI of
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
3' jd-c) /9' -5
, DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
S-dI -
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave.. P.O. Box 7184. Canoga Park, CA 91309-7184
C:.
857
RESOLUTION NO, p~95-12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW 94-57 (HILLSIDE/RIDGELINE)
ASSESSOR'S PARCEL NUMBER 275-BOO-08
WHEREAS, Minor Development Review 94-57 (HillsidejRidgeline), submitted by
Linda Wells, applicant, requests approval for construction of a 4,204 square foot
home and a detached 1,050 square foot detached pool house for the property
located at 15650 Boulder Mountain Road in the RR-AjRR-C zone; and
WHEREAS, on March 7, 1995, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
This project is exempt from environment~l review under Category 3 of the
CEQA guidelines which includes construction of single-family residences.
Under the draft 9uidelines proposed for the Poway Sub-Area Conservation
Plan, the area of disturbance for construction of the home and guest home
should be limited to approximately two acres.
Section 2: Findinos:
1. The approved project is consistent with the general plan in that it
is a single-family residence and guest house on a 3.25 acre site and
the General Plan designation is Rural Residential which permit this
type of low density residential use.
2, The approved project will not have an adverse aesthetic , health,
safety, or architecturally related impact upon adjoining properties,
in that the grading design, building elevations will be compatible
with surrounding development and building materials and colors will
blend wit the surrounding hillside terrain,
3. The approved project is in compliance with the Zoning Ordinance, in
that it compl ies with the setbacks, height 1 imit, and all other
property development standards of the Rural Residential zones.
4, That the approved project encourages the orderly and harmonious
appearance of structures and property withi n the Ci ty, in that
surrounding properties are zoned for rural residential use and have
been developed.
Section 3: Citv Council Decision:
The City Council hereby approves Minor Development Review 94-57
(Hillside/Ridgeline) subject to the following conditions:
EXHIBIT B
\,.-~-
-.-p----.----,
.-. .,._' -- --~,-,-,--,-~,,-~---,.- ----~.... - ---_.,~ .."
~- ---
c
, 858
Resolution No, P- 95-12
Page 2
Within 30 days 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,
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED, COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES,
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request 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,
4. Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
5, The applicant shall comply with 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 in effect
at the time of building permit issuance,
6. For each new residential dwelling, commercial or industrial unites), the
applicant shall pay Permit, Plan Check and Inspection Fees and School Fees
at the establ ished rate (in accordance wi th City-adopted pol icy and/or
ordinance).
7. Maximum driveway width shall not exceed 12 feet except in the turnaround
areas,
8. Stucco colors shall be approved by the Department of Planning Services
prior to issuance of building permits,
9. All new and existing utilities shall be underground.
10, Future grading of the hillside portions of the subject lot shall be
prohibited unless approved by the City Council and the State and Federal
Resource Agencies,
:11, Self-generating water softeners are prohibited in accordance with Chapter
13,04 of the Municipal Code,
12. Grading is to be limited to the driveway alignment and pads for the
residence, pool and pool house,
,
l__.........
. --_._...~------._....... ....
. _..-~ ~._-~-._~-_.- - .
.. ~.- .-- -.-.
.-
860
. Resol ution No, p- 95-12
Page 4
2, Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast with their background, Address
shall be required at private driveway entrances,
3, Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. The access roadway shall be extended to within 150' of all portions of the
exterior walls of the first story of any building. Where the access
roadway cannot be provided, approved fire protection system(s) shall be
provided as required and approved by the chief.
5. A residential fire sprinkler system is required in both the new residence
and the pool house,
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 7th of March, 1995,
----~ _W ' ,
on Higglnson, Ma~
ATTEST:
MarJO~'
?~~
sten, City C er
I hereby certily, under the penalty
01 periury, thaI the above and
loregoing is a true and corred
copy of Resolution No.P-f5'-7'..:L,
as adopted by the City Counc~ 01
Poway, California on Ihe~
day 01 ~ ,19z::::..
MARJORIE K. W AHLSTEN, CITY CLERK
~ ~~fJ~
_._.,-----_._---_.._-~ ---.-'- _. - -.'------..-.'----.---.--..-..- ...
.-:.2.
. 861
Resolution No, p- 95-12
Page 5
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
I, Marjorie K, Wahl sten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-95-12 ,was duly adopted by the City Council pt a meeting of said City Council
held on the 7th day of March , 1995, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NONE
NONE
NONE
1'Jo.AJ..t
sten, City C er
__._~._.~__ .-. ...,.... .__ _ __~_._.__._____.._ ,__.' _n'.'_ P..'.
.'. .- ..._.~...- --.