Covenant Regarding Real Property 1993-0788654
-UOC n
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074.0789
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23-HDV-1993 08=37 AM
RECORDING REQUEST BY:
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CITY OF POWAY
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECOROER
RF: 11. 00 FEES: 29.00
AF: 17,00
nF' 1.00
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Roger B. Mohling and Valerie Ann Bailey, 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 knoyvn as Assessor's Parcel Number 278-210-13 ("PROPERTY"
hereinafter). In consideration of the approval of Conditional Use Permit 93-03, Variance 93-15 and
Minor Development Review 93-47 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 Condidtional Wse Permit 93-03, Variance 93-15 and Minor Development
Review expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this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.
II-\~g 'S ~MO",;",
Dated:
CITY OF POWAY
Dated: / (- Cj - Cf3
By: 2..L- 1J~% - t/ ~
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of }
County of D \ e.~ ()
On \ \ I \ ~ l3l. before me '\Y\ I' cJ.... el e... L, e \J e.('S/V'J
personall;A~~peared ~D~~ g. M~~L\~:FICEV~\;~~NAA~6U;~\~ ,
1j NAME(i;5F SIGNER(S) -,-
o personally known to me - OR -Iji( proved to me on the basis of satisfactory evidence
to be th~ person(~ whose name~ is/are
subscribed to the within instr~ and ac-
knowledged to me that he/sh~xecuted
the sanl1e in his/her/their autho~
capacit~(iesf, and that by his/helCZ1llilW
I signatura(s) on the instrument the person(s),
MICHELE L EVERSON or the e!ntity upon behalf of which the
COMM. #956146 ~ person(s) acted, executed the instrument
I<<)T ARY P'v'3UC - CALIFORNIA ...,
My~~=~ 1996 N WITNE~S my ha\jn~ ~
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SIGNATURE OF NOTARY
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
I OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
~
DATE OF DOCUMENT
C:o \J~~'
NUMBER OF PAGES
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) pTHER THAN NAMED ABOVE
No. 5193
- OPTIONAL SECTION _
CAPACITY CLAIMED BY SIGNER
Though slabJIa does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
Ut'INOIVIDUAL
o CORPORATE OFFICER(S)
T1TL.E(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PEASON($) OR ENTITY(IES)
,\-q.Oj.3
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@1 ~ NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park. CA 91309.7184
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211...
Parcel l~f Parcel ~p No~ 4828, filed in the Office of the County
Recorder of San Diego County, June 17, 1976 as File No. 76-188186, being
a portion of the Southwest Quarter of Section 34, Township 13 South,
Range 1 West, San Bernardi~o Base and Meridian, in the County of San Diego,
State of California, according to the United States Government 'Survey,
appr~ed November 19, 1880.
RESERVING an easement and ~ight of way for ingress, egress, road and
private and public utility ,purposes ever, under, along and across that
portion lying within Parcel 2A herein, prior to the exception.
4113
RESOLUTION NO. P- 93-56
A RESO~UTION OF THE CITY COUNCIL
OF THE 'CITY OF POWAY, CALIFORNIA
APPROVING ~ONDITIONAL USE PERMIT 93-03,
VARIANCE 93-15 ~ND MINOR DEVELOPMENT REVIEW 93-47
ASSESSOR'S PARCEL NUMBER 278-210-14
WHEREAS, Conditional Use Permit 93-03, Variance 93-15 and Minor Development
93-47 submitted by Roger Mohling and Valerie Ann Bailey, applicants, requests
approval to relocate a 1,370 square foot historic house from La Jolla to an 11.2
acre site on Coyote Creek Trail, in the RR-A zone; and
WHEREAS, the applicants wish to build a 3,647 square foot main house and
40'X 60' barn on the same lot; and
WHEREAS, the historic house is proposed to be a second living unit and a
variance from the required four'-to-one ratio between the size of a secondary and
main living unit is sought; and
WHEREAS, on November 9, 1993, 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 Findinas:
The City Council finds that Conditional Use Permit 93-03, Variance 93-15 and
Minor Development Review 93-47 are exempt under the provisions of the California
Environmental Quality Act (Class 3), as the project is for the construction of
single-family residential units, and (Class 5) as a minor alteration of land use
1 imitations.
Section 2: Findinas:
Conditional Use Permit 93-03
I. The proposed project is consistent with the general plan in that it
proposes a single-f.mily residence with an accessory living unit and
barn on an 11.2 acre rural residentially zoned lot which permits
construction of an accessory living unit.
2. The proposed accessory living units and barn will not have an
adverse aesthetic, health, safety, or architecturally related impact
upon adjoining ptoperties in that the building design is
architecturally compatible and the building placement will be
similar to the surroundi~g residential development.
3. The proposed accessory unit is compat i bl e wi th the orderly and
harmonious appearance of structures and property in the City in that
the home will be placed on an eXisting knoll which fits the
footprint of the house comfortably with a minimum of 1 andform
a lterat i on.
EXHIBIT B
2114
.solution No. P-93-56
Page 2
Variance 93-15
1. The proposed project will be consistent with the general plan as
illustrated above.
2. That there are special circumstances applicable to the property, and
the building proposed for use as a second living unit, 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.
The topography of the subject lot is uneven and areas suitable for
building are limited in size. The property is sloping at
approximately a 20 percent grade. There is a natural shelf area on
the south one-quarter of the lot and an area directly south of the
wooded stream area. Each area is suitable for building, but neither
can support all of the buildings proposed for construction.
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.
The property is located in a rural outlying area of the City where
terrain is irregular, and where buildings are generally sited to fit
topographi c constra i nts. There are numerous exampl es wi th i n the
immediate neighborhood. The property at 15855 Quail Mt. Road also
conta ins a second 1 i vi ng unit whi ch is situated on a separate
building pad from the main house.
Finally, the buildiing proposed for use as a second living unit is an
existing historic home which cannot be altered in size. The
required minimum 4:1 size ratio for the main house to the secondary
unit could be retaiined by increasing the size of the proposed main
house; however, this is not a desirable solution because it would
result in excessive grading and the removal of mature oak trees.
Approval of thevari ance will allow for construction of a
substantial house without these undesirable environmental impacts.
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 because the subject lot will be
served by a septic system and well which will be certified by the
San Di ego County Health Department.
5. That the granting of the variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zane in that the surrounding homes are placed on
their lots in a random fashion and do not contain all of the
constraints which are present on the subject property, namely, the
placement of an historic house, avoidance of existing oak trees and
two limited building sites.
2115
Reso 1 ut i on No. P- 93-56
Page 3
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 for two res ident i al structures and a barn (accessory
structure) located in a rural residential zones.
Minor Develooment Review
1. The proposed project is consistent with the general plan as noted
above.
2. The proposed use is a 3,647 square foot single-family residence and
detached 1,370 square foot second living unit (which is an historic
structure) and a 40'X 60' barn, to be built on an 11.2 acre site
located in a rural residential zone which permits this type of low
density residential use.
3. That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties as illustrated in the findings above.
4. That the proposed development is in compliance with the Zoning
Ordinance, in that it complies with all property development
standards with the exception of proportion of one-fourth relating
main house size with that of second living unit, for which a
variance is sought.
5. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that at
least one neighboring property contains a second living unit. The
type of construction being proposed is compatible with the rural
residential zone.
Section 3: Citv Council Decision;
The City Council hereby approves Conditional Use Permit 93-03, Variance
93-15 and Minor Development Review 93-47 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 (2) the
property owner shall execute a Covenant on Real Property.
The use conditionally grClnted by this permit shall not be conducted in
such a manner as to interfere with the reasonable use and enjoyment of
surrounding residential uses.
This conditional use permit shall be subject to annual review by the
Director of Planning Services for compl iance 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,
2116
Resolution No. P-93-56
Page 4
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.
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 each new residential dwelling unit(s), the applicant shall pay
development fees at the established rate. Such fees may include, but not
be limited to: Permit an~ Plan Checking Fees, School Fees (in accordance
with City-adopted policy and/or ordinance). Water and Sewer Service Fees.
These fees shall be paid at building permit issuance.
6. 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.
7.
A Master Pl an of the exi st i ng on-s ite trees shall be provi ded to the
Planning Services Departm~nt prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
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.
At no time in the future may the historic accessory structure be enlarged.
B.
9.
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Resolution No. P-93-56
Page 5
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. 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 prior to issuance of a building
permit .
2. The private road adjacent to and/or within the property commonly referred
to as Coyote Creek Trail, shall be improved to City of Poway's Non-
dedicated Rural Road Standards per Orllinance No. 280. Its completion
thereof shall be done p'rior to issuance of building's Certificate of
Occupancy.
3. A road maintenance agreement, for Coyote Creek Trail, in a form
satisfactory to the City Attorney, shall be executed by the owner and/or
developer prior to buildiing permit issuance. Said agreement is to comply
with Ordinance 280, City Code Section 12.20.060.
4. Leach field layout or seepage pit layout for the residences sewage
di sposal system shall be submi tted to the City's Engi neeri ng Servi ces
Department for review and approval by the City Engineer prior to obtaining
a septic system installation permit from the County of San Diego
Department of Health. If a septic system installation permit had been
obtained without a City approved layout, one shall be submitted prior to
installation of leach lines.
5. The applicant shall contribute its pro-rata share of future improvements
to Coyote Creek Trail, Running Deer Trail, and Mina de Oro Road. Payment
of said share in the amount of $2,131 shall be paid prior to building
permit issuance.
6. The following development fees shall be paid prior to building permit
issuance:
Traffic Mitigation
Park Fee
$1,980.00
5,100.00 (Both Residences)
7. A moving permit will be required in order to move the structure from the
la Jolla site to the Poway site.
COMPLIANCE WITH THE FOLLOWING ICONOITIONS IS REQUIRED. COMPLIANCE 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.
2118
Resolution No. P-93-56
Page 6
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. Sa i d numbers shall contrast with thei r background. Mi nimum
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. The access from Coyote Creek Trail to the proposed house pads is greater
than 15 percent grade. Both houses will be required to have a residential
fire sprinkler system installed.
5. A water tank meeting the requirements of Poway Municipal Code Section
15.24.200 shall be installed for each new residence.
6. Each of the buildings to be constructed shall be accessible to fire
department apparatus by w~y of access roadways with all-weather surface of
not less than 20 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. The road surface type
shall be approved by the City Engineer, pursuant to the City of Poway
Municipal Code.
7. Dead end access driveways in excess of 150 feet long shall be provided
with approved provisions for the turning around of Fire Department
apparatus. Requirements include a 16 foot wide private drive with either
a 70 foot diameter cul-de-sac or hammerhead.
GENERAL REQUIREMENTS AND APPROVALS
Permits from other agencies will be required from:
a. Ca lTrans
b. City of San Diego for moving house from La Jolla to Poway
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 9th day of November, 1993.
ATTEST:
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Resolution No. P- 93-56
Page 7
STATE OF CALIFORNIA
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-93-56
, was duly adopted by the City Council at a meeting of said City Council
he 1 d on the 9th day of November, 1993, and that it was so adopted by the
fo 11 owi ng vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE