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Covenant Regarding Real Property 1994-0319250 RECORDING REQUEST BY: 814 ~JC " 1994-0319250 13-MAY-1994 01:13 PM OFFICIAL RECORDS SAN DIEGO COUHTY RECOROER'S OFFICE GREGORY SMITH, COUHTY RECORDER RF: 12.00 FEES: 32.00 AF: 19.00 MF: 1. 00 . - CITY OF POWAY WHEN RECORDED MAIL TO: 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 Thomas A. Brunansky. Colleen M, Brunansky, Joseph L. Brunansky, Co-Trustees of the Brunansky Trust ("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 275-260-49 ("PROPERTY" hereinafter). In consideration of the approval of Variance 93-19 and Minor Development Review 93-57 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 In the event that Variance 93-19 and Development Review 93-57 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: ~ /; t/ri CITY OF POWA Y Dated: GJ-/s--7'cf By: ~ 1~Tt -(f~ D 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iesJ. and that by his/her/their signature(s) on the instrument the person(sl. or the entity upon behalf of which the person(s) acted, executed the instrument. COUi:J\j/iNl All-Purpose Acknowledgement . . State of californitJ County of ?f.1IA.J(; C' 815 }ss, _ On H.W 5, 199'f ( / MA f..y ,E ll!o){~L.L before me, " personally appeared j(')3c~1I ,L 13;CLLA./A/l/3/CV I ~ersonallY known to me or l\.~b~,Ir.;.~I/VU ~l-/'''''''' f"/!o;JD?7 and and official seal. \J4 S-0260 (Rev, fI!93) CALIFORNIA ALL.PURPOSE Aa10WLEDGMENT State of (}1{..u~;oe~ r I\- County of Sf\'J 1>IE1ho On -;-{lfJ (1 'f DATE } 816 personally appeared before me,~Wi7 lM...JIz. (,.u--; NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTA Y PUBLIC" .~wJA# NAM (S)O S~E~ N. ~~~~ roved 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. D personally known to me . OR - @"OFFICIALNOTARYSEAL . JAMES R, BLOOM JR- : -~ Notary Public - California . SAN DIEGO COUNlY My Comm. EJCpIres SEP 08,1995 WITNESS my hand and official seal. OPTIONAL SECTI THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR lYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: DATE OF DOCUMENT NUMBER OF PAGES Though the data requested here is not required by law, it could prevent fraudulent reattachment of this 101m. SIGNER(S) OTHER THAN NAMED ABOVE No. 5193 - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. QaJNDIVIDUAL~ D CORPORATE OFFICER(S) TITLE(S) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-iN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) @1992NATIONALNOTARY ASSOCIATION. 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 91309-7184 817 LOT 20 OF CITY OF POWAY TRACT NO. 85-03TE, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12331, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1989. EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 20, DISTANT THEREON NORTH 82 040 ' 17" EAST 2 5 8 . 16 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE ALONG SAID SOUTHERLY LINE OF LOT 20, NORTH 82040'17" EAST 75.00 FEET TO THE ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY NORTH 55008'20" EAST 79,56 FEET TO THE SOUTHEAST CORNER OF SAID LOT 20, BEING A POINT ON THE EASTERLY SIDELINE OF SUMMIT CIRCLE (LOT "B") OF SAID MAP NO. 12331; THENCE LEAVING SAID SOUTHERLY BOUNDARY SOUTH 68029'28" WEST 150,12 FEET TO THE POINT OF BEGINNING. EXHffiIT "A" 818 RESOLUTION NO. p- 94-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 93-19 AND MINOR DEVELOPMENT REVIEW 93-57 ASSESSOR'S PARCEL NUMBER 275-260-49 WHEREAS, Variance 93-19 and Minor Development Review 93-57, submitted by Minx Homes, Inc. on behalf of Thomas Brunansky, applicant and owner, requests approval for construction of a 10,952 square foot single-family home, and variance to the required front yard setback for the construction of a tennis court and the construction of over height graded slopes for the property located at 13411 Summit Circle, in the RR-B zone. WHEREAS, on January 4, 1994, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this appl ication. NOW, THEREFORE, the City Council does hereby resolve as follows: I Section 1: Environmental FindinQs: The City Council finds that Variance 93-19 and Minor Development Review 93-57 are exempt from the provisions of the California Environmental Quality Act, Categori ca 1 Exemptions Class 3 and 5, as the project is the construct i on of a new single-family home (Class 3) ,and tennis court which will encroach into the required minimum front yard setback (Class 5), a minor alteration to land use limitations. This property has been surveyed for the presence of the California gnatcatcher. Based on a site survey by a qualified field biologist, a determination has been made by the U.S. Fish & Wildlife Service that the coastal sage plant community found on the western side of the property does not contain the protected bird, is not connected to a designated future preservation corridor and is therefore considered to be of "low quality" and as such the take of coastal sage involved with the construction of the proposed project is eligible for allocation under the five (5) percent "interim take" policy. Section 2: FindinQs: Variance 93-19: 1. The proposed project is consistent with the general plan in that it proposes the construction of a single-family residence and accessory structures on a site which is designated for residential use. 2. That there are special circumstances applicable to the property, 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. EXHIBIT B _~_._._ __________"___ "..___.__.'_~m_._____'__' - .'.,' --- -------.....~----"....- "..------.----. 819 Resolution No. P-94-10 Page 2 The special circumstances include the fact that the lot is irregular in topography, and contains an existing mature avocado grove, a large portion of which they are attempting to preserve. These facts 1 imit the applicant's ability to place the hDuse and tennis court in a way which meets all setback and development standards. 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 allow the applicant to construct a tennis court in the front yard area, in a similar manner to another tennis court constructed at 13371 Summit Circle. The height of graded slopes proposed is also consistent with several examples located in the immediate neighborhood. 4. That granting of this 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. 5. That the granting of this variance does not constitute a special privilege inconsistent with the limitation upon other properties in the vicinity and zone in that the property is located in an area where very large custom homes are the norm and where the size and configuration of the pad areas originally designated on ~he subdivision map are not of adequate size. 6. That the granting of this variance does not allow the use or activity which is not otherwise expressly authorized by zoning development regulations governing the parcel or property in that the proposed project is the construction of a residence and accessory structures, including a tenni s court whi ch are intended to be constructed in primarily rural residential zones. I Minor Development Review 93-57 1. That the proposed development is in conformance with the Poway General Plan in that the proposed use is single family residential. 2. That the proposed development will not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties, in that the rooflines, construction method and building materials and elevations will be compatible with surrounding properties. 3. That the proposed development is in compliance with the Zoning Ordinance, with the exceptions noted in Variance 93-19, it complies with the property development standards of the RR-B zone. 4. That the proposed development encourages the orderly and harmonious appearance of structures and property withi n the Ci ty, in that the surrounding properties which are under the same zoning designations as the subject lot are developed as single-family residences similar to the proposed project. 820 Resolution No. P- 94-10 Page 3 Section 3: City Council Decision: The City Council hereby approves Variance 93-19 and MinDr Development Review 93- 57 subject to the following conditions: Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (Z) 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. Z. 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 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. 5. For the new residential dwell ing unit, the appl icant shall pay Permit, Plan Check and Inspection Fees and School Fees at the established rate (in accordance with City-adopted pol icy and/or ordinance). 6. Existing on-site trees shall be retained wherever possible and shall be maintained in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous trees shall be approved for removal at the discretion of the Planning Services Department during the review of the Master Plan of existing on-site trees. living trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Services Department. 7. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner. 8. Planting on the slope behind the house shall be designed and installed so as to transition into the native vegetation compliance with adopted City landscape guidelines. 9. The installation of the irrigation and planting on the slope located behind the house shall be completed and accepted by the City Landscape Architect prior to building permit issuance. 821 Resolution No. P- 94-10 Page 4 10. This approval shall become null and void if building permits are not issued for this project by January 4, 1996. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED, COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. SITE DEVELOPMENT 1. The fo 11 owi ng development fees shall be paid pri or to bui 1 di ng permi t issuance: Traffic Mitigation ............ $ 990.00 Park Fees ..................... 2,550.00 Sewer Fees .................... 2,681. 00 [ 3. Engineering permit and plan check fees shall be paid upon submittal of improvement and/or grading plan, as applicable. 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 building permit. A right-of-way permit shall be obtained from the City's Engineering Services Department for any work to be done within the publ ic street right-of-way or any City-held easement. Said work shall include, but is not to be limited to, construction of driveway approaches, sewer lateral installation, water service line installation, street construction (including concrete curb, gutter and sidewalk). Permit shall be obtained prior tD start of work. 4. A street 1 ight shall be installed between the two driveways prior to issuance of building's Certificate of Occupancy. 2. 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 t~sting as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering materials, per City of Poway Ordinance No. 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. Minimum height of address numbers shall be four inches. Address shall be required at private driveway entrances. "" <--,_._--~--"-,>._"------------~-----~-' -, -. ._,~--~-_. -,,-,-,.---'. 822 Resolution No. p_94-10 Page 5 3. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. 4. A residential fire sprinkler system is required for this new dwelling. 5. The engineer of work shall provide certification of driveway finished slope (15 percent maximum grade). 6. The 1 imits of the emergency vehicle turnaround area shall be clearly defined on the revised site plan. 7. Every building hereafter constructed shall be accessible to fire department apparatus by way of access driveways with all-weather driving surface of not less than 16 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum of 13'6" of vertical clearance. 8. The access roadway shall be extended to within 150 feet 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. ! APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 15th day of February ,1994. ~~~' on 199inso, ay ~ ATTEST: , hereby certify, under the penalty of perjury, that Ihe above and f . . true m corred oregolng 15 a 9:: l> copy 01 Resolution No -~, as adopted by the City Counal 01 1'1' 1'-- L S .bk. Poway, Ca I orma on "" day 01 '1",L A-Uh:1 ' 19 ~ . MARJORIE K. W AH~ lEN, CITY CL~ ~ 2:4.;L, yJ'~7 ... 823 Resolution No. P-94-10 Page 6 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) SS. ) 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-94-10 ,was duly adopted by the City Council at a meeting of said City Council held on the 15th day of February ,1994, and that it was so adopted by the following vote: AYES: CAFAGNA, SNESKO, HIGGINSON NOES: CALLERY, EMERY ABSTAIN: NONE ABSENT: NONE 'yn~~ ~ iU~t Marjo~1e~K. Wa lsten, City Clerk City UZ:.pway _._~-- ---~--_._-"_.