Covenant Regarding Real Property 1993-0639283
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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700
DO~ U 1993-0639283
2S-SEP-1993 09130 AM
lfFICIAl RECIIIIS
SAIl DIEGO ClDllY RECORDER'S lfFICE
_TIE EVAHS, CWlTY RECORDER
Rfl 10.00 FEESI
ifl 15.00
1Ft 1.00
26.00
RF-CORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT IREGARDING REAL PROPERTY
John Chun Yung Chang and Ely Yu Hauvei Chang, 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 275-231-02 ("PROPERTY" hereinafter).
In consideration of the approval of Conditipnal Use Permit 91-05M and Minor Development Review 92-64
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 llimd 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 91-o5M and Minor Development Review 92-64 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is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the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 ful1 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: 2.- "-] -1' 3
hA1 cL., <yu'r,T' C.t~(l~
V30h" Chun Yung Chang, tlWNEI1 (Notarize) cr=-
Dated: '7/ h /<J;'
~~-~k
Ely H~uvei Chang, OWNER (Notari e)
CITY OF POWAY
Dated:
9-/$1-93
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By: ~
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702
Order No. 941482
Page
3
I Exhibit "A"
A PORTION OF LOT 1, SECTION 35: TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CObNTY OF SAN DIEGO, STATE OF CALIFORNIA,
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF SAID LOT,
AND THE SOUTHERLY LINE OF THE NORTH 16.37 ACRES OF SAID LOT 1 AND RUNNING
THENCE NORTH 13'19' EAST ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE
OF 240.17 FEET; THENCE SOUTH 8~'09'20" EAST, A DISTANCE OF 252.70 FEET;
THENCE SOUTH 0'50'40" WEST, A DISTANCE OF 234.50 FEET, MORE OR LESS, TO A
POINT IN THE SOUTHERLY LINE OF THE NORTH 16.37 ACRES OF SAID LOT 1, AND
THENCE NORTH 89'09'20" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 304.57
FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING .THEREFROM ALL THAT PORTION LYING SOUTHERLY AND WESTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 1, SECTION 35, TOWNSHIP 13
SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA; THENCE A~NG THE WESTERLY LINE OF SAID LOT 1 SOUTH
13'15'55" WEST 556.00 FEET TO HE TRUE POINT OF BEGINNING OF SAID LINE;
THENCE SOUTHEASTERLY ALONG A L NE AT RIGHT ANGLES TO THE WESTERLY LINE OF
SAID LOT 1 A DISTANCE OF 180.0 FEET TO A POINT; THENCE SOUTHERLY ALONG A
LINE PARALLEL WITH THE WESTERLt LINE OF SAID LOT 1, TO THE SOUTHERLY LINE
OF THE NORTH 16.37 ACRES OF SAID LOT 1.
SAID LINE TO TERMINATE WESTERLt IN THE WESTERLY LINE OF SAID LOT 1 AND
SOUTHERLY IN THE SOUTHERLY LIN~ OF THE NORTH 16.37 ACRES OF SAID LOT 1.
703
RESOLUTION NO. P- 93-46
A RESOLU~ION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONOITION~L USE PERMIT 91-0SM AND MORA 92-64
ASSESSOR'$ PARCEL NUMBER 317-130-42
WHEREAS, Conditional Use Permit 9I-05M and MORA 92-64, submitted by
Pomerado Board and Care Home, applicant, requests approval to operate a
residential care facility for up to 15 elderly persons, located on a portion of
Lot, Section 35, Township 13, South, Range 2 West, San Bernardino Meridian, in
the County of San Diego, State pf California on the east side of Pomerado Road
at 16031 Pomerado Road, regularly came before the City Council for public hearing
and action on September 14, 1993; and
WHEREAS, the City Counc il has read and cons i dered sa i d report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental FindinQs:
The City Council finds th:at the previously approved negative declaration
addresses all the potent) a 1 envi ronmental impacts associ ated with thi s
property.
Section 2: FindinQs:
CONDITIONAL USE PERMIT 91-05M
1. The proposed project will be consistent with the General Plan.
2. That the location, ,size, design, and operating characteristics of
the proposed use wi 11 be compat i bl e wi th and wi 11 not adversely
affect or be materially detrimental to adjacent uses, residences,
buildings, structures, or natural resources in that the board and
care use has been in existence for three years at that site.
3. That the scale, bulk, coverage and density is consistent with the
adjacent uses in that it is an elderly residential care home and the
vehicular traffic is minimal in relation to the number of people
that reside there.
4. That there are available public facilities, services, and utilities
to serve the site.
5. That there will not be harmful effect upon desirable neighborhood
characteristics in that the board and care facility has been in
operation the past three years without complaints.
6. That the generation of traffic will not adversely affect the
surrounding streets and/or the City's Circulation Element in that
the amount of veh~cular traffic is not substantial because the
--->--
704
Resolution No. P-93-46
Page 2
elderly boarders will not be keeping a personal vehicle at the
residence and generally the residents have infrequent visitors.
7. That the site is s~itable for the type and intensity of use and
development which i$ proposed in that it is a proposed 1,140 square
foot addition to an existing single family residence located on a
.88 acre lot and it has operated as a board and care use during the
past three years.
8. That there will not be significant harmful effects upon the
environmental quality and natural resources.
9. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
10. That the proposed use will not adversely the City of Poway General
Plan for future as well as present development, in that the General
Plan calls for placement of residential care facilities within
residential areas where the zoning is appropriate.
MINOR DEVELOPMENT REVIEW 92-64
1. That the proposed development is consistent and in conformance with
the poway General Plan in that the proposed use is a 1,140 square
foot addition to an,existin9 single family residence which is being
operated as an elderly res i dent i a 1 care home. The General Pl an
designation is Resi~ential Single Family 2 which permits residential
care uses with a conditional use permit approval.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or, architecturally related impact upon adjoining
properties in that the grading design, building placement,
construction method, building materials, and elevations will be
compatible with the existing dwell ing and the surrounding
properties.
3. That the proposed development is in compl iance with the Zoning
Ordinance in that it complies with the property development
standards of the RS-2 zone.
4. That the proposed development encourages the orderly and harmonious
appearance of stru~tures and property within the City in that all
surrounding properties are also zoned for residential development.
Sect i on 3: Cit v Council Deci s ion:
The City Council hereby approves Conditional Use Permit 91-0SM and MORA
92-64 subject to the following conditions:
70S
Resolution No. P-93-46
Page 3
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 owher 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.
APPLICANT SHALL CONTACT THE DEPAjRTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
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.
PARKING AND VEHICULAR ACCESS
1. A total of seven paved parking spaces shall be provided.
2. The applicant shall submit a parking plan to the Planning Services
Department for approval pri or to buil ding permit issuance.
LANDSCAPING
All landscaped areas sh~ll be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
SIGNS
I
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
EXISTING STRUCTURES
1. Provide compl iance with the Uniform Building Code for property 1 ine
clearances considering use, area, and fire-resistiveness of existing
buil dings.
2. The board and care facility may be of a nature to require classification
as a group 1-2 occupanlCy. An 1-2 occupancy must comply with all
applicable requirements of Chapter 10 of the Uniform Building Code
including type of construction, fire alarm systems, disabled access, etc.
The appl icant shall contact the Poway Fire Department for State Fire
Marshal requirements that must apply to the project.
700
Resolution No. p-93-46
Page 4
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. A grading plan for the de~elopment 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 .
2. The following development fees shall be paid prior to building permit
issuance:
Traffic Mitigation
Sewer (additional EDU)
$ 222.75
2,356.00
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Existing fire alarm system shall be expanded into the new area.
2. Existing residential sprinkler system shall be expanded into the new area.
3. Smoke detectors, strobe/horn devices shall be installed in each room and
connected to the fire alarm system.
4. The Fi re Department turnaround shall be ma i nta i ned separate from the
parking area. Red curbs and "No Parking - Fire Lane" signs shall be
installed.
GENERAL REOUIREMENTS AND APPROVALS
,
1. The applicant shall provide a copy of the permit from Community
Care/Licensing Division of the State Department of Social Services prior
to increasing the number of residential boarders to fifteen.
2. The facility shall be used as a residence for senior adults only. Maximum
occupancy of the residence is fifteen persons.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 14th day of September, 1993.
ATTEST:
~'~
'~7-
Don Higginson, Mayo .
"": I '(.I_A..,"L. 1<' :? l&...1~)-f4-
Marjorie ~. Wahlsten, City Clerr---
J
'lo,?
Resolution No. P-93-46
Page 5
STATE OF CALIFORNIA
)
) SS.
)
COUNTY OF SAN DIEGO
I, Marjori e K. Wahl sten" City Cl erk of the Ci ty of Poway, do hereby
certify, under the penalty of p,erjury, that the foregoing Resolution, No. _
P-93-49 was duly adopted by the City Council at a meeting of said City Council
held on the 14th day of September , 1993, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE