Covenant Regarding Real Property 1993-0343159
Oor * In'19~-O' 7a~~S~
, ,tt ,'" J,,,,l.,
Ol-JUN-1993 08:2B ~M
RECOIVDING REQUEST BY:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
)
)
)
)
)
)
)
)
)
)
)
)
1595
OFFICIA~ RECORDS
SAN DIEGO COUNTY RECORDER'S orFlcr
ANNETTE EVANS, COUNTY RECORDER
R.F: 11.00 ~TES~
AF: 1? 00
MF: 1. no
2~'. on
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Robert D. Mohler and Carolyn Sue Mohler, husband and wife as community property ("OWNER"
hereinafter) Is the owner of real property described in ExhiM A which Is attached hereto and made a part
hereof and which is commonly known as Assessor's Parcel Number 278-180-65 ("PROPERTY" hereinafter).
In consideration of the approval of Variance 93-06 and Minor Development Review 93-15 by the CRy 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 wRh 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In the event that Variance 93-06 and Minor Development Review 93-15 expires or is rescinded by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 eRher party is required to incur costs to enforce the provisions of this Covenant, the prevailing
party shall be entRled 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:
Mo.y
'1.0) \qq?>
~<j). ~
Robert D. Mohler, OWNER (Notarize)
Dated: ~
0(0
I
1993
CITY OF POWAY
Dated:
By: --:hk 'VJr- t/{IoLV) ~
.LIFORNIA ALL.PURPOSE ACKNI\WLEDGMENT
State of C;'ltfnvni tl :
County of SAn 1)i ~ 0
on~~ilqq?;1 before me. 11~f.;'TLEOFOFFIC E.G.,'JANEDOE,N TARYPUBLlC'
personally appeared~ 1). fXlohler awl C1rolllYl 5ue.fhDhI.u- ,
NAME(S) OF SIGNER(S) T .
D "ef8.:lfl!llly k"oWII tv ",,5 OR - i;iI:Proved to me on the basis of satisfactory evidence
to be the personJ,W. whose name~~/~
subscribed to the within instrument and ac-
knowledged to me that II",'!I ,.oItl1ey executed
the same in i'lis/i'ler/theiL authorized
capacity(iesl. and that by I';Q/I,~,/~
signature(slon the instrument the personla
or the entity upon behalf of which the
person(s! acted, executed the instrument.
E ~ A A ~ . . . & . A A ~ 1 t .~
~~' ,-," OFFICIAL NOTARY SEAL 1
~ "~. .; ILENEBT08Y ~
',I' ~ ,~.;; ~ 0 Notary?lI:J!!c-Crnifornla
~ ." . . SAN DIEGO COUNTY
., My Comm. Expires DEC 05,1995
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
}
1596
WITNESS my hand and official seal.
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.
D INDIVIDUAL
D CORPORATE OFFICER(S)
T1TLE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
~~
: SIGNATURE OF NOTA
TITLE OR 1YP~~T~~~~~~:~~I('~ve~iLvI~~ Vf~ ~PA1--
NUMBER OF PAGES DATE OF DO ENT 5> W tf?>
SIGNER(S) OTHER THAN NAMED ABOVE h(l)1 1--
@1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184 . Canoga Park, CA 91309-7184
1597
LEGAL DESCRIPTION
PARCEL 2 OF PARCEL MAP NO. 11654, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY ON SEPTEMBER 10, 1981 AS FILE NO. 81-289864 OF OFFICIAL
RECORDS, BEING A PORTIO~J OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE 1
WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT
THEREOF.
1598
RESOLUTION NO, p- 93-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-06 AND
MINOR DEVELOPMEN~ REVIEW 93-15 HILLSIDE/RIDGELINE
ASSESSOR'S PARCEL NUMBER 278-180-65
WHEREAS, Variance 93-06 and Minor Development Review 93-15
Hi 11 si de/Ri dgel i ne submi tted by Robert and Carolyn Sue Mohl er, appl i cants,
requests approval of a five-foot side yard setback variance for the construction
of a new single-family residence at 15486 Markar Road, in the RR-B zone; and
WHEREAS, on May 4, 1993, the City Council held a duly advertised public
hearin9 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 Variance 93-06 and Minor Development Review
93-15 (Hillside/Ridgeline) are exempt from the provisions of the
California Environmental Quality Act (Class 3). as the project is the
construction of a new single-family dwelling.
Section 2: FindinQs:
Variance 93-06
1. The proposed project will be consistent with the general plan in
that it proposes the construction of a residential structure 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 appl ication of the Zoning Ordinance
deprives the property of privileges enjoyed by other properties in
the vicinity under identical zoning classification.
The buildable portion of the lot is limited to a shelf area with
dimensions of approximately 100 feet in width by 200 feet in length
at the northeast corner. It is bounded on the west side by a major
rock outcropping.
The remainder of the lot is steeply sloping toward the southwest,
The remainder of the lot outside the designated limits of grading is
covered with the Coastal Sage Scrub plant community. This area is
off-limits for development.
3. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other properties in the same vicinity and zoning for which the
variance is sought.
EXHIBIT B
1599 -
Resolution No. P-93-24
Page 2
The lot is located in a neighborhood ln which the lots are lrregular
in topography and the siting of buildings has been determined by
factors including ;access, opportunities for placement of septic
fields, and avoidance of major rock outcroppings. The design and
placement of the proposed house takes a 11 these factors into
consideration.
4. That granting th~ 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 because the subject lot will be
served by a certified septic system and City water service and
because the house top is approximately 15 feet below the grade of
the house pad of the adjoining home to the east, so that no
obstruction of views should occur.
5. That the granting of the variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zone in that the surrounding homes are placed on
the i r lots in a random order and do not conta in a 11 of the
constraints which are present on the subject property.
6. That the granting of the variance does not allow a use or activity
which is not otherwise expressly authorized by zoning development
regulations governing the parcel or property in that the proposed
project is a new residential structure located in a rural
residential zone.
Minor DeveloDment Review 93-15 Hillside/RidQeline
1. The proposed project is consistent with the general plan.
2. That the proposed development wi 11 not have an adverse aesthet i c
health, safety, or architecturally related impact upon adjoining
properties, in that the grading design, building placement, building
materials, and elevations will be compatible with surrounding
development.
3. That the proposed development is in compliance with the Zoning
Ordinance, in that it compl ies with all setbacks except the east
side yard minimum setback, for which a five foot variance is sought,
but in all other respects meets the property development standards
for the RR-B zone.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that
surrounding properties are similarly developed as large-lot single
family residential homes.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 93-06 and Minor Development
Review 93-15 subject to the following conditions:
1600
Resolution No. P-93-24
Page 3
Within 30 days of approval (1) the appllcant shall submit in writing that
all conditions of approval have been read and understood; and (2) the
property owner shall exe~ute 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.
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 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 a new residential dwelling unites), the applicant shall pay
development fees at the established rate. Such fees may include, but not
be limited to: Permit and Plan Checking Fees, School Fees (in accordance
with City-adopted policy and/or ordinance).
6. All new and existing utilities shall be underground. Undergrounding shall
be completed prior to certification of occupancy.
7. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the County of
San Diego Health Department.
8. No future grading of the hillside portions of the subject lot shall be
permitted. The limits of grading shall observe the line defining the
previously disturbed grove area and shall not encroach into the coastal
sage plant community. An open space easement shall be recorded over that
portion of the lot containing coastal sage scrub to be dedicated to the
City of Poway prior to issuance of a certificate of occupancy.
9. Slope replanting for erosion control should incorporate fire retardant
native plants and low water use materials wherever feasible. A conceptual
planting plan for the west and south facing graded slopes must be approved
by the Planning Services Department prior to installation of landscaping.
10. 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.
1601
Resolution No. P-93-24
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 and the
limits of the open space easement shall be staked, fenced and inspected
prior to issuance of a grading permit and start of grading operation.
Rough grad i ng 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 soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work at first submittal of grading
plan.
3. A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
4. The final grading plan shall be subject to review and approval by the
Planning and Engineering Services Departments and shall be completed prior
to issuance of building permit.
5. A pre-blast survey of surroundi ng property shall be conducted to the
satisfaction of the City Engineer prior to any rock blasting. Seismic
recordings shall be taken for all blasting and blasting shall occur only
at locations and levels approved by the City Engineer.
6. Reciprocal access and maintenance and/or agreements shall be provided
insuring access to all parcels over private roads, drives or parking areas
and maintenance thereof to the satisfaction of the Director of Engineering
Services.
7. Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Engineering Services
department and appropriate fees paid, in addition to any other permits
required.
8. Street improvements and maintenance shall be made in accordance with City
Ordlnance standards for Non-Dedicated Rural Streets
9. The following development fees shall be paid prior to issuance of a
building permit. These fees are currently ln effect, but are subject to
change.
Traffic Mitigation Fee
Park Fee
Drainage Fee
$ 900
$2550
$ 950
UTILITIES
1. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
. .
1602
Resolution No. P-93-24
Page 5
2. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED, COIIPLlANCE 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 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. Sald numbers shall contrast with their background. Minimum
height of address numbers shall be four inches. Address shall be required
at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. A wildland fuel mitigation plan shall be submitted to eliminate any
potential threat of spread of fire from the proposed building and the open
space easement. This plan shall be to the satisfaction of the Directors
of Safety Services and Planning Services prior to building occupancy.
5. A residential fire sprinkler system is required to be installed to the
satisfaction of the Director of Safety Services.
GENERAL REQUIREMENTS AND APPROVALS
Permits from other agencies will be required from the San Diego County
Health Department for certification of the septic system.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 4th day of May, 1993.
~ 'fJ~..~,,-
Don Higginson, r
ATTEST:
.' .
1603
- , .
Resolution No. p- 93-24
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-93-24
, was duly adopted by the City Council at a meeting of said City Council
held on the ~ day of May , 1993, and that it was so adopted
by the following vote:
AYES:
NOES:
CALLERY, EMERY, SNESKO, HIGGINSON
NONE
ABSTAIN: NONE
ABSENT:
CAFAGNA
REPORT\VAR9306.RES
I hereby cer~/y, under the penally
01 perjury. that the above and
loregcing is a true and corred
copy 01 Resolution No}' _13 ";<1
as a;:!"pted by the City Council 01
Poway, California on the '-+1:*
day oI-:?YI~ ,19.23-.
MARJOm K. AHLSTEN, CITY CLERK
by:/hc t<:: 7lJa..p;!;:.
,
t
i