Covenant Regarding Real Property 1994-0109589
RECORDING REQUEST BY: )
.)
CITY OF POWAY I
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK ) !
CITY OF POWAY ) , ,
POBOX 789 )
POWAY CA 92074-0789 )
I'"~
No Transfer Tax Due )
1939
DOC -.~ 1994-0109589
17-FEB-1994 08=09 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECOROER'S OFFICE
ANNETTE EVANS. COUHTY RECOROER
RF: B.OO FEES: 20.00
AF: 11.00
MF: 1.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Victor Ortuno and Sharon Ann Ortuno, husband and wife as joint tenants, ("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 275-270-44 ("PROPERTY"
hereinafter). In consideration of the approval of Conditional Use Permit 93.06 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 BI.
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In the event that Conditional Use Permit 93-06 expires or is rescinded by City Council at the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:
/-~14V
,
Dated:
/-o?7- 91
~M>f);;?Am (klu:hb-
Sharon Ann Ortuno. OWN (Notarize)
CITY OF POWAY
Dated: /-/%-91
By: ~ t./r - rI~
n
1940
-L~J.-\lE>'" "A."
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 56 OF CITY OF POWAY TRACT NO. 88-15 UNIT NO.1, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 12466, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1989.
~<:',~'.;''':
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No. 5193
State of (!JJ-L I 'PO tl. AJ I IT } - OPTIONAL SECTION -
. CAPACITY CLAIMED BY SIGNER
.,'Hi b / e, rJ
County of Though statute does not require the Notary to
fill in the data below, doing so may prove
/- .)7../1 1 t'ME:J./E S . f/IJ-I J!..):J invaluable to persons relying on the document.
On before me, , ~ INDIVIDUAL.5
DATE NAME, TiTlE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" i) 0 CORPORATE OFFICER(S)
, V7MfJ flJ Olll-MID fl 5 It J1-1tb J) /};In tJYtlJl.
personally appeared
~ NAMEIS) OF SIGNERIS) TITLE(S)
o personally known to me - OR - roved to me on the basis of satisfactory evidence o PARTNER(S) 0 LIMITED
to be the person(s) whose name(s) is/are o GENERAL
subscribed to the within instrument and ac. o ATTORNEY-iN-FACT
knowledged to me that he/she/they executed o TRUSTEE(S)
,., the same in his/her/their authorized o GUARDIAN/CONSERVATOR
e OFFICIAL SEAL capacity(ies), and that by his/her/their o OTHER:
EMELIE S. BAIRD signature(s) on the instrument the person(s),
NOTARY PUBLIC. CALIFORNIA
PRINCIPAL OFFICE IN or the entity upon behalf of which the
SAN DIEGO COUNTY person(s) acted, executed the instrument.
My Commlss"'" ExpIres Jane 17. 1994 SIGNER IS REPRESENTING:
WITNESS my hand and official seal. NAME OF PERSQN(S) OR ENTITY(IES)
.
, ~O~
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by law, SIGNER(S) OTHER THAN NAMED ABOVE
it could prevent fraudulent reattachment of this form.
@1992NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184
1941
RESOLUTION NO. P- 94-05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 93-06
ASSESSOR'S PARCEL NUMBER 275-270-44
WHEREAS, Conditional Use Permit 93-06, submitted by Victor and Sharon
Ortuno, applicants, request approval to add kitchen facilities to a previously
approved guesthouse and add lights to a previously approved tennis court located
at 13708 Paseo De Las Cumbres in the RR-B zone; and
WHEREAS, on January 18, 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 Findinas:
The City Council finds that this project is categorically exempt (Class 3)
from the California Environmental Quality Act.
Section 2: Findinas:
1. The proposed project is consistent with the general plan 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 will not have adverse aesthetic,
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 compliance with the Zoning
Ordinance, in that it compl ies with the setbacks, structure and
fence hei ght 1 imi ts, 1 ight 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 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.
EXHI BIT B
1942
Resolution No. P-94-05
Page 2
7. That there will not be significant harmful effects upon
environmental quality and natural resources in that the project is
considered an accessory to a single family residence and conditions
of approval for the project requiring landscape screening and
limited hours of operation for the tennis court will mitigate
potential negative impacts.
Section 3: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 93-06 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 reasonable 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 Planning Services Department has received
complaints, the required annual review shall be set for a publ ic
hearing before the City Council, to consider modification or
revocation of the use permit.
COKPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COKPLIANCE SHALL BE
APPROVED BY THE DEPARTKENT OF PLANNING SERVICES.
SITE DEVELOPKENT
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 for the tennis court lights or the
installation of the kitchen facilities in the accessory unit.
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 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.
1943
Resolution No. P- 94-05
Page 3
5. This approval shall become null and void if building permits are not
issued for thi s project withi n 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 designed, constructed, mounted, and maintained 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 designed, constructed, mounted and maintained 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 prior to the issuance of an electrical permit for the
tennis court lighting.
7. Hours of operation for court 1 ights shall be restricted to the period
between 7:00 a.m. and 10:00 p.m.
8. A landscape and irrigation plan for the area between the tennis court
fence and property 1 ine shall be submitted to the Planning Services
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
reflectiDn from lighting to the satisfaction of the Director of Planning
Services.
10. 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.
11. One on-site garage parking space shall be provided for the accessory
apartment.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
The owner shall consult the fi re spri nkl er contractor to determi ne if the
installation of the kitchen facilities in the accessory apartment will cause an
alteration to the already installed sprinkler system.
194,1
Resolution No. P-94-05
Page 4
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 18th, day of January, 1994.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
~~
- ~ -
on Hlgglnson, r
I hereby certify, under the penalty
of perjury, that the above and
foregcing is a true and corred
copy of Resolution No.P- '11./-0 S;
as adopted by the City Council 01
Poway, California on the /y~
dayof~ ,19~.
MARJ&IE K. WAHLSTEN, CITY ctE
by: ()...Lu..
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-94-05, was duly adopted by the City Council at a meeting of said City Council
held on the 18th day of January , 1994, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE