Covenant Regarding Real Property 1995-0116005
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
}
)
)
)
}
)
)
)
}
)
}
)
D~: U 1995-0116005
21-MAR-1995 08=54 AM
OFFICIAl RECORDS
SAN DIEGO COOHTY RECORDER'S OFFICE
GREGORY SnITH, COllllTY RECORDER
RF: 12.00 FEES:
AF' 15.00
MF= 1. 00
1949
28,00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Benjamin l.Lil<.afld i3enlse C. tin, {,OWNER" hereinafter! are me owners of real property described in
EilibI{ A wnlcl1 is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel
Number 274-271-03 ('PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 94-D3
and Minor Development Review 94-18 by the City of Poway ("CITY" hereinafter), OWNER hereby covenants and
agrees for the benefit of the CITY, to abide by conditions of the attached resolution (Exhibit B).
This Covenant shall run with the land 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 Conditional Use Permit 94-03 and Minor Developmem Review 94-18 €xpires 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rescinded by City Council at the request of the OWNER.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: 3 -( ~ - f.s-
Dated: /-/~-'1"1
/' 7. h
Benjamin J. Un and Denise C. Lin ,
OWNER (Notarize)
CITY OF POWAY
By: '~~ ZJ~d - -,f~~
1950
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 3 OF CITY OF POWAY TRACT NO, 82-01R UNIT NO.2 IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11914,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON
OCTOBER 6, 1987,
EXHIBIT A
CALIFORNIA ALL.PURPO&", ACKNOWLEDGMENT
No. 5907
State of C, ~ \, f
County of ~ f\) \J \ e ~ ()
On '3 - \ ~ OJ'S before me, ('I\ ; c..1. e~ ~ l., E \JeU'S 6Y0
personally app;:;ed () eN \~ c ~ €e:;3';;:o~: - Es:t~~OTARY PUBLIC- ,
NAME(S) OF SIGNER(S)
o personally known to me - OR - ~roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is~
subscribed to the within instru~ and ac-
knowledged to me that he/she~xecuted
the same in his/he~ authorized
capacity(ies), and that by his/her~
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
1951
I @_:_'MICHELELEVERSON t
~. . - COMM. #956146 CD
() ,-,.: NOTARY PUBLIC - CALIFORNIA ~
c:J _'. SAN DIEGO COUNTY I\)
, '...' My Comm_ Expires Feb_ 10. 1996 I
WITNESS my hand and official seal.
~l~
SIGNATURE OF NOTARY
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
l'56 INDIVIDUAL
0- CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
w\jC?f0~ ~(W~
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
d-.
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
~- \~ ~5
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTrTY(IES)
o
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
1952
RESOLUTION NO. P~94-33
~
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 94-03 AND MINOR DEVELOPMENT REVIEW 94-18
ASSESSOR'S PARCEL NUMBER 275-271-03
WHEREAS, Conditional Use Permit 94-03 and Minor Development Review 94-18,
submitted by Benjamin Lin, Owner and Bill Yen, Applicant, request approval to
construct an accessory apartment and alighted tenni s court on the property
located at 15902 El Camino Entrada in the Rural Residential B zone; and
WHEREAS, on July 12, 1994, the City Council held a hearing on the above
referenced item,
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinqs:
The City Council finds that this project is Categorically Exempt (Class 3)
from the California Environmental Quality Act.
Section 2: Findinqs:
1. The proposed project is consistent with the general pl~n in that an
accessory apartment and a lighted tennis court are considered to be
accessory uses for a single family residence in the Rural
Residential B zone.
2. That the proposed development wi 11 not have adverse aesthet i c,
health, safety or architecturally related impacts upon adjoining
properties, in that the architectural design of the accessory
apartment is compatible with the primary dwelling and the landscape
installation, lighting design and court materials will allow the
tennis court to be compatible with and screened from surrounding
properties.
3. That the proposed development is in comp 1 i ance with the Zoni ng.
Ordinance, in that it complies with the setbacks, structure and
fence hei ght 1 i mi ts, 1 i ght i ng standards, and all other property
development standards of the RR-B zone.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that all
surrounding properties are under the same zoning designation as the
subject lot and are to be developed as single family residences,
5. That the generation of a small amount of additional traffic will not
adversely impact the capacity and physical character of surrounding
streets.
6, That there are public facilities and utilities available to service
the project.
E)Cf-\,-e II .~"
.---.......--.-.-.--.. ..-.. -...--..--- --..----.------.----.--. -.-
19-"
. ;).j
Resolution No, P-94-33
Page 2
7. That there wi 11 not be sign i fi cant harmful effects upon
environmental qual ity and natural resources in that the 1 ighted
tennis court is considered an accessory use to a single family
residence and conditions of approval for the project requiring
landscape screening and limited hours of operation will mitigate
potential negative impacts.
Section 3: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 94-03 and Minor
Development Review 94-18 subject to the following conditions:
1. 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.
2. The use conditionally granted by this permit shall not be conducted
in such a manner as to interfere with the reasonabl e use and
enjoyment of surrounding residential and commercial uses,
3. This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the
past year. If the permit is not in compliance with the conditions
of approval, or the Pl anning Services Department has received
complaints, the required annual review shall be set for a public
hearing before the City Council, to consider modification or
revocation of the use permit.
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, The applicant shall comply with the latest adopted the 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,
._--~..,-_._.._--_._-
1954
Resolution No. P- 94-33
Page 3
5, This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
6. A maximum of eight lights shall be permitted of a height not to exceed 22
feet. All lights and light fixtures shall be certified by a qualified
lighting engineer to:
a, Be desi gned, constructed, mounted and ma i nta i ned such that, the
light source is cut off when viewed from any point above five feet
measured outside the lot at the property line.
b, Be des i gned, constructed, mounted and ma i nta i ned such that the
maximum illumination intensity measured at the wall of any
residential building on abutting property shall not exceed one-half
candle foot above ambient levels.
c. Said certification shall be provided to the Planning Services
Department pri or to the issuance of an e 1 ectri ca 1 permi t for the
tennis court lighting.
7. Hours of operat i on for court 1 i ghts shall be restri cted to the peri od
between 7:00 a.m. and 10:00 p.m.
8, A 1 andscape and i rri gat i on plan for the area between the tenni s court
fence and property 1 i ne shall be submi tted to the Pl ann i ng Servi ces
Department for review and approval prior to the issuance of an electrical
permit for the tennis court lights. Installation of all slope planting
and irrigation shall occur prior to final inspection.
9. The court surface must be designed, painted, and/or textured to reduce the
reflection from lighting to the satisfaction of the Director of Planning
Services.
10. The maximum height of the tennis court fence or any combination of fence
and retaining wall for the court shall not exceed 10 feet.
11. Either the main residence or the accessory apartment shall be occupied by
the owner of the property at all times that either unit is held out for
rent.
12. One on-site garage parking space shall be provided for the accessory
apartment.
13. The pad elevation of the tennis court shall not exceed 936.4 feet, which
is the floor elevation of the primary dwelling.
-..-.-.-----..----- --- - -_. --.--..-----
---'--'.-'-'-
1955
Resolution No, p-94-33
Page 4
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED, COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
GRADING
1. A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval prior
to issuance of a grading permit and start of grading operation, Rough
grading of the site must be completed and shall meet the City's
Engineering Services inspector's approval prior to issuance of a building
permit .
2. A right-of-way permit sha 11 be obtained from the City's Engi neeri ng
Services Department for any work to be done within thepublic street right-
of-way or any City-held easement, Said work shall include, but it not to
be limited to, construction of driveway approach, sewer lateral
installations, water service line installation, street construction
(including concrete curb, gutter, and sidewalk). Permit shall be obtained
prior to start of work.
3. Prior to building permit issuance for the accessory apartment, the
following fees shall be paid:
a.
b.
c.
Traffic Mitigation Fee
Park Fee
Drainage Fee (Zone 42E)
$ 990
2550
950
4. Water and sewer fees shall also be paid prior to building permit issuance
if water service and sewer lateral lines require new connections to the
public main lines.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED, COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES,
1. Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance #64.
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 sha 11 contrast with thei r background. Mi n i mum
height of address numbers shall be four inches. Address may be required
at private driveway entrances.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of July 1994.
ATTEST:
, I hereby cerfify, under the penalty
of periury, that the above and
ore90ln9 I. a true and correct
copy of Resolution No,f- f.l/-3J,
as adopted by the City Councd of
Poway, California on the 1;Jk:
day~ 19~
M.W ; K ""',.;.. ON~
by~ ~Jfi,>
Resolution No, p- 94-33
Page 5
\-
STATE OF CALIFORNIA
)
) SS.
)
1956
COUNTY OF SAN DIEGO
I, Marjorie K, Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-94-33 ,was duly adopted by the City Council at a meeting of said City Council
held on the 12th day of July , 1994, and that it was so adopted
by the following vote:
AYES:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
NONE
NONE
NOES:
ABSTAIN:
ABSENT: