Covenant Regarding Real Property 1994-0459264
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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D~n " 1994-04S9264
1926 26-JUL-1994 08:56 AM
OFFICIAL RECOROS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 10.00 FEES: 26.00
Af: 15.00
MF: 1.00
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPEIlTY
William John Browne and Barbara Ann Browne ("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 321-410-39 (" PROPERTY" hereinafter). In
consideration of the approval of Minor Conditional Use Permit 94-03 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 t 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In the event that Minor Conditional Use Permit 94-03 expires or is rescinded by CitY Council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 ,)f this Covenant
the right to enforce this Covenant against OWNER.
Dated:
7 - (,J>- 1'.1
]-(1- fy
Dated:
Barbara Ann Browne, OWNER (Notarize)
CITY OF POWAY
Dated:
1-/d-7tJ
By: ~ y~ -t/~-M...
1927
LEGAL DESCRIPTION
That portion of Lot 6 (the Northwest Quarter of the Southwest Quarter) of
Section 6, Township 14 South, Range 1 West, San Bernardino Meridian, in the
County of San Diego, State of California, according to the united States
Government Survey approved January 15, 1883, described as follows:
Beginning at the Southwest corner of said Lot 6; thence South 33' 45' 01" East
along the southerly line of said Lot a distance of 351.34 feet; thence North
1'01'03" West, 308.75 fee; thence North 88' 16' West, 351.46 feet to the
Westerly line of said Lot 6; thence South 1'01' East along said Wersterly line
511.72 feet to the point of beginning.
EXHIBIT A
1928
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No.S9Dl
State of (21/--1.., +0 J-N; 11-
County of St91U DIEG-O
On ::Jf.J.-'-Y If, /9 9'1 before me, ..:r Ell- /J /J F vF--S/l1 0 !r..~ ,
DATE" NAME, TITLE OF OFFICER. - E.G., "JANE DOE, NOl"ARY PUBLIC"
personally appeared 0/ II, /I ffJ < T. If/( ow. / L A-NtJ .8/'1t'?b .4;e.4 /j. "1',,eow,U'i:.. ,
NAME(S) OF SIGNER(S)
IXl personally known to me . OR - 0 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.
_ "',c,~ = WITNESS my hand and official seal.
Jeanne Jesmore ~
.' NOT ARV PUBLIC. CALIFORNIA
. SAN DIEGO COUNTY
MyComm, E"-plfe6JUfl.8 16.199!i
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 DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
o PARTNER(S) o LIMITED
o GENERAL
o ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
1929
RESOLUTION NO. P-94-36
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 94-03
ASSESSOR'S PARCEL NUMBER 321-410-39
WHEREAS, Minor Conditional Use Permit 94-03 submitted by Steve Lash,
applicant, John and Barbara Browne, owners, requests approval to add a 630
square foot addition onto an existing retirement home located at 14755 Budwin
Lane in the Rural Residential C zone; and
WHEREAS, on July 12, 1994 , the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and con,
relative to this application;
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental FindinQs:
The City Council finds that the project is Categorically Exempt, Class 1 from
the California Environmental Quality Act in that it involves the minor
addition to existing facilities.
Section 2: Findinqs:
1. The proposed project is consistent with the general plan.
2, The proposed location, size, design, and operating characteristics of
the proposed use are in accord with the title and purpose of this
resolution, the purpose of the land use designation in which the site is
located and the Poway General Plan.
3. That the location, size, design, and operating characteristics of the
proposed use will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources, in that the use has existed on the
site for several years without significant impact on adjacent properties
and the project involves an expansion of the dining facilities only and
the number of residents will not increase.
4. That the harmony in scale, bulk, coverage, and density is consistent
with adjacent uses, because the use is located on a large 2.5 acre
parcel and there is more than adequate area to observe the zone
setbacks.
5. That there are available public facilities, services, and utilities,
because the use is existing and is presently serviced by public
facilities and services.
EXHIBIT B
1930
Reso 1 ut i on No. P- 94-36
Page 2
6. That there will not be a harmful affect upon desirable neighborhood
characteristics, in that the use has existed on the site for several
years without having a significant impact on adjacent uses and the
project involves the expansion of a dining area and the number of
residents will not increase.
7. That the generation of traffic will not adversely impact the surrounding
streets and/or the City's Transportation Element, in that the number of
tenants residing at the facility will not increase.
8. That the site is suitable for the type and intensity of designated use
which is proposed, in that the use has existed on the site for many
years without having a significant impact on surrounding land uses.
9. That there will not be significant harmful affects upon environmental
quality and natural resources in that the site has been wholly
disturbed.
10. That there are no other relevant impacts of the proposed use that cannot
be mitigated.
Section 3: Citv Council Decision:
The City Council hereby approves Minor Conditional Use Permit 94-03 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 public hearing before the
City Council to consider modification or revocation of the use permit.
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1931
Resolution No. P-94-36
Page 3
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 cDnditiDns
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, Uni form Mechan i ca 1 Code, Uni form Pl umbi ng Code, Nat i ona 1 El ectri.c
Code, Uniform Fire Code, and all other applicable codes and ordinances
in effect at the time of building permit issuance.
6. Building identification and/or addresses shall be placed on all new and
existing buildings so as to be plainly visible from the street or access
road; color of identification and/or addresses shall contrast with their
background color.
7. 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.
8. An on-site parking area shall be developed which provides a minimum of .'
ten parking spaces. At least one of the required spaces shall provide
for disabled parking. Each space shall have a minimum dimension of 8.5
feet by 18.5 feet and shall be clearly and delineated.
9. The exterior of the main facility and cottage shall be improved to match
and complement the exterior of the proposed addition prior to
certification of occupancy.
LANDSCAPE IMPROVEMENTS
1. The landscaping on the property shall be weeded and maintained prior to
final occupancy.
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1932
Resolution No. P- 94-36
Page 4
2. In the future 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.
SIGNS
1. Any signs proposed for this development shall be designed and approved
in conformance with the Sign Ordinance.
2. The existing freestanding sign shall be removed immediately. It can be
replaced with a sign that does not exceed 5 feet in height and the sign
area shall be limited to 4 square feet or less. The sign shall be
approved by the Planning Services Department prior to installation.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. The applicant shall pay a $500 inspection fee to the City's Engineering
Services Department prior to building permit issuance. Such fee is to
be used to pay for City Inspector's time in making necessary inspections
of the project site that are required prior to issuance of said building
permit and/or Certificate of Occupancy.
2. A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within the public street
right-of-way or any City-held easement. Said work shall include, but is
not to be limited to, construction (including concrete curb, gutter,
and sidewalk). Permit shall be obtained prior to start of work.
3, The applicant shall obtain approval from the County of San Diego
Department of Health, to utilize the existing residential sewage
disposal system.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. The fire sprinkler system shall be extended into the new dining room and
covered walkway area.
2. The fire alarm system shall be extended into the new dining room.
3. An all weather surfaced 20 foot wide fire apparatus road with a
turnaround shall be provided to the building.
4. A monitored tamper switch shall be installed onto the post indicator
valve at the driveway entrance.
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1933
Resolution No. P- 94-36
Page 5
5. 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.
Minimum height of address numbers shall be four inches. Address may be
required at private driveway entrances.
STATE OF CALIFORNIA
APPROVED and ADOPTED by the City Council of the City of Poway, State of
C.'if'",1., th1, 12th d., ,f J"'Y~~ . .
Don Higginson, Ma~
I hereby certify, under the penalty
of perjury, that the above and
foregoing is a true and corred
copy of Resolution Nof-"l4-3J.,
8S adopted by the City Council of
Poway. California on the ) C{ -6k
day 01 >>"~ 19~
IMRJORIE K. ;a.HLSTE~, CITY ~
~Yl!oiU. d~~~''-7
ATTEST:
COUNTY OF SAN DIEGO
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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-94-36 ,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 adDpted
by the following vote:
AYES:
NOES:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
ABSTAIN:
ABSENT:
NONE
NONE
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MarJor e a
City 0 P way
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sten, City C er
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