Covenant Regarding Real Property 1995-0116001
WHEN RECORDED MAIL TO:
1933
D~~ U 1995-01160Q1
21-MAR-1995 08=Si AM
OfFICIAL RECORDS
SAIl DIEGO ClUlTY RECORDER' 5 OFFICE
GREGORY snITH, COUHTY RECORDER
RF: 15,00 FEES: 37.00
AF: 21.00
nF: 1,00
RECORDING REQUEST BY:
CITY OF POWAY
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
SHEA HOMES LIMITED PARTNERSH1P, a California Limited Partnership, ("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 317-211-02, 04 ("PROPERTY" hereinafter). In consideration of the approval of
Development Review 94-07 and Variance 94-13 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 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In the event that Development Review 94-07 and Variance 94-13 expires or is rescinded by City Council at the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 ent~led 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.
SHEA HOMES LIMITED PARTNERSHIP,
a California Limited Partnership
Dated:
March 8, 1995
BY: J.F. SHEA CO., INC., a Nevada corporation,~n
Dated: March 8, 1995 By:
Mar
Vi
By:
Gary Okonows y
Assistant Secretary
CITY OF POWAY
Dated: tJ -1-'-/- ,!s
By:
.1
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CALIFORNIA ALL.PURPOSIOo ACKNOWLEDGMENT
1934
No. 5907
State of t24~
County of ~?l-Y1 '])~
On /-ld..rcn q /'1""[5 before me, .dU ,fri.-I?-'> .
DAT~ NAME, TITLE OF OFFICER _ E. ., "JANE DOE,
personally appeared ;Lkrk- ~cL q~ qa.rl.1 OkD-nDlAJ.Srh.....-
NAME(S) OF SIGNE~) ~
spersonally known to me - OR - D pro'ved to l1,e 01. li,t: Loa:;;:; vf :;i:lti::.fi:ldury evidellce
to be the person(s) whose name(s)-i&lare
subscribed to the within instrument and ac-
knowledged to me that he/sAs/they executed
the same in Ais/l'1er/their authorized
capacity(ies), and that by Ais/l'1cr/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~J X dz~'~~~",,-~
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
D INOIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
CoV~f~:~?~
TITLE OR TYPE OF DOCUMEN
D PARTNER(S)
D LIMITED
D GENERAL
I
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
.M.~ch 7, I qq E7
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY(IES)
~ 1h
SIG R(aTHER~::;:ft:MED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Aemmet Ave" P.O. Box 7184. Canoga Park. CA 91309-7184
. ---. . -----~------- .--- --.
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1935
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:
THAT PORTION OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF MISSION ROAD 1-A,
ACCORDING TO MAP OF SAID MISSION ROAD 1-A, SHEET 15, SAN DIEGO COUNTY
HIGHWAY COMMISSION, FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN
DIEGO COUNTY; WHICH SAID POINT OF BEGINNING BEARS SOUTH 3014' 52" EAST
289.04 FEET FROM THE INTERSECTION OF THE NORTH LINE OF SECTION 23, AT
A POINT NORTH 88057' WEST 3955.5 FEET FROM THE NORTHEAST CORNER OF
SAID SECTION WITH THE CENTER LINE OF SAID ROAD AT STATION .378 PLUS
70.9 FEET THEREOF; THENCE SOUTH 78049' 07" EAST 193.25 FEET; THENCE
SOUTH 89017' WEST TO A POINT IN THE EASTERLY LINE OF MISSION ROAD 1-A,
ABOVE REFERRED TO; THENCE NORTH 0043' EAST ALONG SAID EASTERLY LINE TO
THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
SEPTEMBER 11, 1879 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF MISSION ROAD 1-A,
ACCORDING TO MAP OF SAID MISSION ROAD 1-A, SHEET 15, SAN DIEGO COUNTY
HIGHWAY COMMISSION, FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN
DIEGO COUNTY; WHICH SAID POINT OF BEGINNING BEARS SOUTH 3014'52" EAST
289.04 FEET FROM THE INTERSECTION OF THE NORTH LINE OF SECTION 23, AT
A POINT NORTH 88057' WEST 3955.5 FEET FROM THE NORTHEAST CORNER OF
SAID SECTION WITH THE CENTER LINE OF SAID ROAD AT STATION 378 PLUS
70 ,9 FEET THEREOF; THENCE SOUTH 78049' 07" EAST 193, 25 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 0043' EAST 80,6 FEET, MORE OR LESS,
TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO R. C. BORER
AND CAROLINE BORER, HUSBAND AND WIFE, RECORDED FEBRUARY 10, 1941 IN
BOOK 1136, PAGE 174 OF OFFICIAL RECORDS; THENCE SOUTH 89017' EAST
130.00 FEET; THENCE SOUTH 0043' WEST 80.6 FEET, MORE OR LESS, TO AN
EXHIBIT A
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1936
INTERSECTION WITH A LINE BEARING NORTH 89017' EAST FROM THE TRUE POINT
OF BEGINNING; THENCE SOUTH 89017' WEST TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
THAT PORTIONS OF SECTIONS 14 AND 23 IN TOWNSHIP 14 SOUTH, RANGE 2
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
APPROVED SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF THE COUNTY ROAD,
40.00 FEET WIDE, KNOWN AS MISSION ROAD I-A, ACCORDING TO MAP IN THE
OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY WITH THE CENTER
LINE OF THE 50.00 FOOT COUNTY ROAD KNOWN AS METATE LANE, ACCORDING TO
MAP OF ROAD SURVEY NO. 887, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, BEING ENGINEER'S STATION 0 + 00 ON SAID CENTER
LINE OF ROAD SURVEY NO. 887; THENCE ALONG SAID CENTER LINE OF ROAD
SURVEY NO. 887, NORTH 85019' EAST, 1043.77 FEET TO AN ANGLE POINT IN
SAID ROAD SURVEY; THENCE NORTH 83027' EAST ALONG SAID CENTER LINE
(RECORD NORTH 83020' EAST) 349.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE RETRACING WESTERLY ALONG SAID CENTER LINE TO THE EASTERLY LINE
OF SAID MISSION ROAD I-A; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO
A POINT IN SAID EASTERLY LINE, SAID POINT BEARS SOUTH 3014'52" EAST
289.04 FEET FROM THE INTERSECTION OF THE NORTH LINE OF SECTION 23, AT
A POINT NORTH 88057' WEST 3955.50 FEET FROM THE NORTHEAST CORNER OF
SAID SECTION WITH THE CENTER LINE OF SAID ROAD AT STATION 378 + 70,90
THEREOF; THENCE SOUTH 78049'07" EAST 193.25 FEET; THENCE NORTH 0043'
EAST 80.60 FEET MORE OR LESS, TO THE SOUTHWEST CORNER OF THE LAND
DESCRIBED IN DEED TO R. C. BORER AND CAROLINE BORER, HUSBAND AND WIFE
RECORDED FEBRUARY 10, 1941 IN BOOK 1136, PAGE 174 OF OFFICIAL RECORDS;
THENCE SOUTH 89017' EAST 180.00 FEET; THENCE NORTH 70008'45" EAST
288.39 FEET; THENCE NORTH 63029'15" EAST 224.94 FEET; THENCE NORTH
58005'25" EAST 236.33 FEET TO THE SOUTHEAST CORNER OF THE LAND
DESCRIBED IN DEED TO EDWARD C. MC ALEES, ET UX, RECORDED AUGUST 18,
1927 IN BOOK 1361, PAGE 278 OF DEEDS; THENCE NORTH 0043' EAST ALONG
THE EAST LINE OF THE LAND DESCRIBED IN SAID DEED TO MC ALEES, ET UX,
12.20 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO
CECIL E, WOOD, RECORDED AUGUST 20, 1927 IN BOOK 1361, PAGE 285 OF
DEEDS; THENCE NORTH 83020' EAST ALONG THE SOUTH LINE OF THE LAND
DESCRIBED IN SAID DEED TO WOOD TO A LINE WHICH BEARS NORTH 6033' WEST
FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 6033' EAST TO THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF MISSION ROAD I-A,
ACCORDING TO MAP OF SAID MISSION ROAD I-A, SHEET 15, SAN DIEGO COUNTY
HIGHWAY COMMISSION, FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN
t)
(). .
1937
DIEGO COUNTY, WHICH SAID POINT OF BEGINNING BEARS SOUTH 3014'52" EAST
289.04 FEET FROM THE INTERSECTION OF THE NORTH LINE OF SECTION 23 AT
A POINT NORTH 88056' WEST 3955,50 FEET FROM THE NORTHEAST CORNER OF
SAID SECTION WITH THE CENTER LINE OF SAID ROAD AT STATION 378 + 70.9
THEREOF; THENCE SOUTH 78049'07" EAST 193.25 FEET; THENCE NORTH 0043"
EAST 80. 6 FEET MORE OR LESS, TO THE SOUTHWEST CORNER OF THE LAND
DESCRIBED IN DEED TO R.C. BORER AND CAROLINE BORER, HUSBAND AND WIFE,
RECORDED FEBRUARY 10, 1941 IN BOOK 1136, PAGE 174 OF OFFICIAL RECORDS;
THENCE SOUTH 89017' EAST 130.00 FEET; THENCE SOUTH 0043' WEST 80.6
FEET MORE OR LESS, TO AN INTERSECTION WITH A LINE BEARING NORTH 89017'
EAST FROM A POINT WHICH IS DISTANCE SOUTH 78049'07" EAST 193.25 FEET
FROM THE POINT OF BEGINNING; THENCE SOUTH 89017' WEST TO A POINT IN
THE EASTERLY LINE OF MISSION ROAD I-A, ABOVE REFERRED TO; THENCE NORTH
0043' EAST ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN PARCELS 1 AND 2 ABOVE
DESCRIBED.
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RESOLUTION NO. P-95-10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 94-07 AND VARIANCE 94-13
ASSESSOR'S PARCEL NUMBER 312-211-02,04
WHEREAS, Development Review 94-07 and Variance 94-13, submitted by Shea
Homes, appl icant, requests approval of the development review to allow the
construction of 62 single-family homes, eleven of which will require the granting
of variances from required setbacks, and none of which can provide for R.V.
storage, The 62 homes will be constructed on lots created by Tentative Tract Map
94-02, on the property located at the northeast corner of Metate Lane and
Pomerado Road; and
WHEREAS, on February 14, 1995, the City Council held a hearing on the
above-referenced item,
,1938
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
The City Council finds that the previously certified EIR of June 26, 1990
adequately addresses the concerns of this project.
Section 2: Findinos:
Develocment Review 94-07
1, The approved project is consistent with the general plan in that it
proposed construction of single-family homes in an area designated
for residential use.
2. That the approved project will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties, because building square footages, rooflines, materials,
and building materials are compatible with nearby developments.
3, That the approved project encourages the orderly and harmoni ous
appearance of structures and property within the City, because it is
s i mil ar to and complements other res i dent i a 1 development in the
vicinity,
4. That the approved project is in compliance with the Zoning
Ordinance, except with regard to minimum building setbacks on ten
~ lots for which a variance is sought, In all other respects the homes
meet the development standards of the underlying zoning,
Variance 94-13
1. The approved projec tis cons j s ten t with the general plan as
previously discussed,
fmJl5/T f3
1939
Resolution No. P-95-10
Page 2
2, That there are special circumstances appl icable to eleven of the
subject lots, and because of this, the strict application of the
Zoning Ordinance deprives the property of privileges enjoyed by
other properties In the vicinity under Identical zoning
classification.
In order to achieve an acceptable mix of residential units, eleven
of the models are placed on lots which lack either adequate width or
depth to enable them to observe all required setbacks, Further, all
of the lots are narrow, and do not provide an opportunity for R.V.
storage within the side yards.
3. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zoning for which the
variance is sought, The variance will permit the construction of
homes which are of an acceptable size to the surrounding
neighborhood so that assurance of the maintenance of property values
can be made,
4. That granting the variance or its modification will not be
materially detrimental to the public health, safety or welfare, or
injurious to the property or improvements in such vicinity and zone
in which the property is located, in that Metate Lane will be
widened. Drainage and flood control improvements will be constructed
by the building of this project which will benefit the surrounding
neighborhood.
5. That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vi ci n ity and zone in that the des i gn of these homes is
consistent with the features and quality of the newest homes
constructed in Poway's most recent tract development.
6. That the granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by zoning development
regulations governing the parcel or property.
Section 3: Citv Council Decision:
The City Council hereby approves Development Review 94-07 and Variance 94-
13, subject to the following conditions:
A
Within 30 days of approval (I) 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,
Roa.o.lution No. P-95-10
Pa 3
.
SITE DEVELOPMENT
1940
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Serv1ces Department and the cond1tions conta1ned 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 CC&R' s shall proh i bi t the storage of recreat i ona 1 veh i cl es in the
required front yard setback.
5, Mail boxes shall be installed according to a plan which is acceptable to
both the Post Office and the Director of Planning Services.
6. The developer shall integrate an appropri ate vari ety of approved roof
materials and colors into the design of the residential development in a
manner which is both complementary with surrounding development,
7. 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.
8. For each new residential dwell ing unit, the appl icant shall pay Permit,
Plan Check and Inspection Fees, School Fees, and Affordable Housing In-
Lieu Fee, at the established rate (in accordance with City-adopted policy
and/or ordinance).
g, Street names shall be approved by the Planning Services Department prior
to the recordation of the final map, and street addresses shall be
provided prior to the issuance of building permits.
10. A self-closing pedestrian pass-through and double gate shall be installed
at the Fire easement adjacent to Pomerado Road.
11. Masonry walls shall be installed along the west side of Lot 36 and the
north side of Lot 38 to provide adequate buffering from the park, A line
of vines shall be installed along the outside walls to screen them from
view from within the park.
12. Masonry sound walls shall be installed along both Metate Lane and Pomerado
Rbad street frontages per the requirements of the acoustical study, and
along the easterly subdivision property line adjoining the homes facing
Montauk Street.
13. Park playground equipment shall meet ADA requirements, Park construction
shall be completed prior to final occupancy of the first home.
14, This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
appron 1 ,
p....olutlon No. P-95-10
. JO 4
1941
L~NDSCAPE IMPROVEMENTS
1, Compl ete 1 andscape construct i on documents shall be submi t ted to and
approved by the Planning Services Department prior to the issuance of
bulld1ng permits. Plans shall be prepared In accordance with City of
Poway Guide to Landscape Requirements (latest edition).
2, Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape Requirements and
shall be planted at an average of 30 feet on center spacing along all
streets.
3. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. 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. Unnatural or excessive pruning, including topping, is not
permitted.
4. Parkway areas adjacent to Pomerado Road and Metate Lane shall be planted
and irrigated in accordance with the requirements outlined in #1 above.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance,
ADDITIONAL APPROVALS REQUIRED
1. The developer shall display a current Zoning and Land Use Map, or suitable
alternative, in the sales office at all times, to the satisfaction of the
Director of Planning Services.
2. All sales maps that are distributed or made available to the public shall
include but not be limited to trails, future and existing schools, parks,
and streets,
3. The developer shall provide a noise display board in the sales office to
the satisfaction of the Director of Planning Services. The display shall
include the site plan and noise study information,
4. Working drawings shall include a certification by a recognized acoustical
expert that the requirements of the City of Poway's Noise Ordinance will
be met,
5, At the completion of construction, and prior to occupancy, interior and
exterior CNEL shall be determined by field testing at developer's expense,
ATests to be conducted by a recognized acoustical expert. No occupancy
permits shall be granted until this test is met to the satisfaction of the
Building Code (latest adopted edition) "Sound Transmission Control".
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES,
All engll1Ql1ring I'ol.ltod conditions of approval for Tl~nt.;\t.lVI1 Tract Map 94-02
contillnod In Rusulutlon P-94-31 remain in offl1l~t, Thorn al'o no additional
Dove 1 opmen t Rl~V 1 ow cond It IlIn s,
P~olut1on No. P-95-10
1942 f J8 5
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED, COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1, Roof coverings shall be fire retardant as per USC Section 3203(e} and 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 shall contrast with their background. Address may
be required at private driveway entrances,
3. Emergency access from "C" Street to Pomerado Road shall be paved and gated
at each end. Appropriate "No Parking Fire Lane" street markings and signs
shall be installed, The gates shall be 20 feet in width.
GENERAL REQUIREMENTS AND APPROVALS
All conditions of approval for Tentative Tract Map 94-02 contained in Resolution
P-94-31 shall be completed.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 14th day of February, 1995.
,
ATTEST:
er
I hereby certify, under the penalty
0/ perjury, that the above and
foregoing is a true .P-~ corred
copy 0/ Resolution No - S"-/",
as adopted by the City Councn 0/
Poway, Cali/ornia on the I~
clay 0/'1~ ,19 9,r .
MARJORIE K. W AHLSTEN, CITY CLERK
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~olut1on No. P-95-10
. JQ 6
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
1943
)
) SS,
)
I, Marjori e K, Wahl sten, City Cl erk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-95-10 . was duly adopted by the City Council at a meeting of said City Council
hel d on the 14th day of Februa ry , 1995, and that it was so adopted
by the followrng-vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
'-<- k Jl.JCv1o-'J-t-
Marjorie . Wa sten, City C erk
City of Poway
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