Covenant Regarding Real Property 1992-0768306
REiCORDiNG REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
00('--" 1992-076B306
01-D~C-1992 08:12 An
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SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVAHS, COUHTY RECOROER
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IThis soace for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Donald W. Brlehan and Loutlcla L. Brelhan, husband and wife as commun~y property as to an
undivided one half Interest and Donald C. Breihan and Carolyn A. Brelhan, husband and wife as community
property, as to an undivided one-half Interest iOWNER" hereinafter) are the owner of real property described
in Exhlb~ A which is attached hereto and made a part hereof and which is commonly known as Assessor's
Parcel Number 317-480-06 ("PROPERTY" hereinafter). In consideration of the approval of Tentative Tract
Map 8703TE(3), Conditional Use Perm~ 92-07, and Development Review 92-13 by the C~y of Poway ("CITY"
hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to abide by conditions of the
attached resolution (Exhlb~ B).
This Covenant shall run w~h 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 Tentative Tract Map 87-o3TE(3), Cond~ional Use Perm~ 92-07, and Development
Review 92-13 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this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 e~her 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.
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CITY OF POWAY ~
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(No need to Notar~
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DESCll.I PTION
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PARCEL 1:
Those portions of Sections 13 and 24, TOloKlship 14 South, Range 2 West, San
Bernardino Meridian, in the City of Poway, County of San Diego, State of
Califo rnia, according to Official Plat thereof, being more par ticularly
described as fo11o,,",:
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All of the North""st Quarter of the Southeast Quarter and the South~st
Quarter of the Northeast Quarter of said Section 24.
Along with that portion of the Northwest Quarter of the Northeast Quarter of
said Section 24 and that portion of the South~st Quarter of the Southeast
Q.1ar ter of said Sec tion 13, all being desc ribed as follo,,",:
Commencing at the North""st corner of said South.."st Quarter of the Southeast
Q.1arter of Section 13; thence along the Westerly line thereof South 020 20'
33" West, 553.37 feet; thence leaving said Westerly line South 580 27' 03"
East along the centerline of that Irrevocable Offer to Dedicate Real Property
granted to the County of San Diego as Document No. 80-316749, recorded
September 29, 1980, to the Easterly line of said Southwest Q.1arter of the
Southeast Quarter, said point being the True Point of Beginning; thence
retracing North 580 27' 03" West to said Westerly line of said Southeast
Quarter of Section 13; thence South 20 20' 33" West along said Westerly line
48.12 feet to Point "A", also being at the interseciton with a line that is
parallel with and 42.00 feet South~sterly of, measured at right angles, the
last described course having a bearing of North 580 27' 03" West; thence along
said parallel line South 580 27' 03" East 355.00 feet to Point "B"; thence
South 310 32' 57" West 20.00 feet to the beginning of a tangent 470. ()() foot
radius curve, concave Easterly; thence Southerly along said curve through a
central angle of 630 23' 36", an arc distance of 520.02 feet to the beginning
of a reverse 719.00 foot radius curve, concave South~sterly; thence
Southeasterly along said curve through a central angle of 14022' 58", an arc
distance of 180.49 feet; thence tangent to said curve South 170 27' 41" East
731.29 feet; thence South 00 02' 55" West 483.80 feet, more or less, to a
point on the South line of said Northwest Quarter of the Northeast Quarter of
Section 24, distant 620.00 feet Easterly along said line from the Southwest
corner thereof; thence Easterly along said line 711.39 feet; more or less, to
the Southeast corner of said North""st Q.1arter of the Northeast Q.1arter of
Section 24; thence along the East line of said North""st Quarter of the
Northeast Q.1arter of Section 24 and along the East line of the South""st
Quarter of the Southeast Quarter of Section 13 to the True Point of Beginning.
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PARCEL 2:
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That portion of the Northwest Quarter of the Northeast Quarter of Section 24
and the Southwest Quarter of the Southeast Quarter of Section 13, Township 14
South, Range 2 West, San Bernardino Meridian, in the City of Poway, Co un ty of
San Diego, State of California, according to Official Plat thereof, being more
particularly described as folIo,,",:
Commencing at the Northwest corner of said Southwest Quarter of the Southeast
Quarter of Section 13; thence along the Westerly line of said Southeast
Quarter South OZO 20' 33" West, 553.37 feet, to the intersection with the
centerline of that Irrevocable Offer to Dedicate Real Property granted to the
County of San Diego as Document No. 8-316749, recorded September 29, 1980;
thence continuing along said Westerly line South 20 20' 33" West 48.12 feet to
the True Point of Beginning, also being at the intersection with a line that
is parallel with and 42.00 feet Southwesterly of, measured at right angles to
the centerline of said Irrevocable Offer of Dedication granted to the County
of San Diego; thence along said parallel line South 58027' 03" East 355.00
feet'to Point uB"; thence South 310 32' 57" West 20.00 feet to the beginning
of a tangent 470.00 foot radius curve, concave Easterly; thence Southerly
along said curve through a central angle of 630 23' 36", an arc distance of
520.02 feet to the beginning of a reverse 719.00 foot radius curve, concave
South...sterly; thence Southeasterly along said curve through a central angle
of 14022' 58", an arc distance of 180.49 feet; thence tangent to said curve
South 170 27' 41" East 731.29 feet; thence South 00 02' 55" West 483.80 feet,
more or less, to a point on the South line of said North...st Quarter of the
Northeast Quarter of Section 24, distant 620.00 feet Easterly along said line
from the Southwest corner thereof; thence Westerly along said line to said
South...st Quarter of the Northwest Quarter of the Northeast Quarter of Section
24; thence along the West line of said Northwest Quarter of the Northeast
Quarter of Section 24 and along the West line of the South...st Quarter of the
Southeast Quarter of Section 13 to the True Point of Beginning.
INDIVIDUAL ACKNOWLEDGMENT
No. 5198
Slale of
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On this theil day of 11I~.uA-- 1993;;toreme.
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the undersigned Nolary Public, personally appeared
VtN"i 0../ d c-. (3 re; ~ rl/iJ <r Ca.. yO L'( >\ /4. ~re.' hal\
County of
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ARIHUR P.ARQUIUA
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to be the person(s) whose name(s)
within instrument, and acknowledged that
WITNESS my hand d !fici al.
Notary.s Signature
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment
THIS CERTIRCATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Documenl
Signer(s) Other Than Named Above
C1992 NATIONAl. NOTARY ASSOCIATION .8236 Remmel Ave- Canoga Park, CA91309.7184
. C!ENEPAL ACKNOWLEDGMENT
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OFFICIAL SEAL
11/,.."':,. T"EnE3A HENRY
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PARTNERSHIP ACKNOWLEDGMENT
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On thi s the / c;r day of A/{)//k;t.(l'frq(' 19 i2, before me, *
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On this the ____day of
the udersigned Notary Public, personnally appeared
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to be the person(s) who executed the within instrument
on behalf of the partnership and acknowledged to me that
the partnership executed it.
WITNESS my hand and official seal.
CORPORATE ACKNOWLEDGMENT
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On this the ____day of
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WITNESS my hand and official seal. *
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RESOLUTION NO. P-92-6l
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 87-03TE(3)
CONDITIONAL USE PERMIT 92-07
AND DEVELOPMENT REVIEW 92-13
ASSESSOR'S PARCEL NUMBER 317-480-10
721
WHEREAS, Tentative Tract Map 87-03TE(3), Conditional Use Permit 92-07, and
Development Review 92-13 submitted by Craig Breihan, appl icant, requests approval
for the third one-year time extension for a previously approved tentative tract
map subdividing a 33 acre site into 55 lots and requests reinstatement of a
previously approved conditional use permit and development review for
construction of a 50 unit mobile home park with manager's unit and associated
recreational facil ities, for property located on the east side of Community Road,
south of Civic Center Drive, in the PC (Planned Community) zone;
WHEREAS, the Director of Planning Services has recommended approval of the
tentat i ve tract map time extens i on, condi t i ona 1 use permi t, and development
review, subject to all conditions set forth in the Planning Services Department
report; and
WHEREAS, the City Council has read and considered said report and amended
Environmental Initial Study and has considered other evidence presented at the
public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinlls:
The City Council finds that the environmental concerns were adequately
addressed in the previously issued EIR and Subsequent EIR for the South
Poway Planned Community.
Section 2: Findinlls:
Tentative Tract MaD 87-03TE(3)
1. The tentative tract map is consistent with applicable general and
specific plans, in that the South Poway Development Plan designates
this site for a 50 unit mobile home park.
2. The design or improvement of the tentative tract map is consistent
with all applicable general and specific plans, in that lot size and
configuration meet all applicable development standards for Mobile
Home Parks.
3. The site is physically suitable for the type of development
proposed, in that the development will be generally confined to
areas with a natural slope of less than 15 percent.
4. The site is physically suitable for the density of the development
proposed, in that the proposed development will be buffered by open
space on two sides and will adjoin a similar development on the
north and west.
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Resolution No. P-92-61
Page 2
5. The design of the subdivision is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or
their habitat, in that the site has been previously disturbed by
grazing and a large proportion of the site will be dedicated as open
space.
6. The tentative tract map is not likely to cause serious public health
problems, in that City sewer and water service will be provided to
the project.
7. The design of the tentative tract map will not conflict with any
easement acquired to the public at large, now of record, for access
through or use of the property within the proposed subdivision.
8. That this project will not create adverse impacts on the
environment, because all potential impacts can be mitigated through
the conditions of approval.
9. The effect of the mobile home park on the housing of the San Diego
region has been considered and balanced against the public service
needs of Poway residents and available fiscal and environmental
resources.
10. The design of the mobile home park has provided, to the extent
feasible, for future passive or natural heating or cooling
opportunities in the subdivision.
Conditional Use Permit 92-07
1. 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 site
adjoins an existing mobile home park on the west, a proposed mobile
home park site on the north, and open space lots on the east and
south.
2. That the harmony in scale, bulk, coverage, and density is consistent
with adjacent uses, in that the density is no greater than that
found in the adjacent mobile home park.
3. That there are available public facilities, services, and utilities.
4. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the project is isolated from single-family
residential neighborhoods and will complement the nearby Poway Royal
Mobile Estates and Haley Creek Estates.
5. That the generation of traffi c will not adversely impact the
surrounding streets and/or the City's Circulation Element, in that
street improvements are required which will mitigate potential
traffic impacts.
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Resolution No. P- 92-61
Page 3
6. That the site is suitable for the type and intensity of use or
development which is proposed, in that significant natural features
will not be lost, provided that any necessary alterations to the
grading plan are implemented as specified in the conditions of
approval of Resolution P-88-109.
7. That there wi 11 not be signi ficant harmful effects upon
environmental quality and natural resources, in that the attached
conditions of approval contain requirements which will mitigate
potential impacts to a level of insignificance.
8. That there are no other relevant negative impacts of the proposed
use that cannot be 'mitigated.
9. That the impacts, as described above, and the location of the
proposed use will not adversely affect the City of Poway General
Plan for future as well as present development because the project
is consistent with the standards contained in the adopted specific
plan for this site.
Develooment Review 92-13
1. That the proposed development is in conformance wi th the Poway
General Plan; in that the plan designates this property as a Planned
Community and the development plan for the planned community
specifies that this site is to be developed as a mobile home park.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties; in that the project will incorporate ample landscaping
and limit grading and the mobile homes and/or modular units are an
orderly continuation of the existing mobile home park to the west
and proposed park to the south.
3. That the proposed development is in compl iance with the Zoning
Ordinance.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that it is
similar to and will complement adjacent development.
Section 3: Citv Council Decision:
The City Council hereby approves Tentative Tract Map 87-03TE(3),
Conditional Use Permit 92-07, and Development Review 92-13 subject to the
following conditions:
1. Within 30 days of approval: (a) The appl icant shall submit in
writing that all conditions of approval have been read and
understood; and (b) the property owner shall execute a Covenant on
Real Property.
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Resolution No. P-92-61
Page 4
2. Prior to issuance of grading permits, a survey of the property shall
be performed by a qual ified biologist to search for signs of
sensitive plant species. If present, appropriate mitigation would
i ncl ude on-si te protect ion, transpl antat i on and/or other measures as
approved by the Planning Services Department.
3. The road improvement requirements outlined in Condition No.2 on
Page 9 of Resolution No. P-88-109 shall be amended to include the
construction of medians and median landscaping on Community Road
adjacent to the projects' frontage.
4. Prior to issuance of any building permits, a Development Review for
the club house, managers unit, and recreation facilities shall be
approved by City Council.
5. The proposed retaining wall which adjoins Community Road shall not
exceed six feet in height and the masonry block shall resemble the
block used for the adjacent freestanding wall on the Haley Ranch
Estates site.
6. The slope and parkway areas in front of the retaining wall and
freestanding wall on Community Road shall be fully planted. The
planting plan shall include shrubs and vines, as well as street
trees, in order to minimize the wall height.
7. Prior to issuance of building permits, the applicant shall provide
color and materials samples for the coaches or modular buildings.
A minimum of three different facade treatments shall be provided for
each of the three plans in accordance with Poway Municipal Code
Section 17.08.5.5.
8. If carports are utilized rather than garage parking, the carports
shall be designed with wood posts, conventional roofing, and a
minimum of 250 cubic feet of lockable, enclosed storage. Metal pre-
fabricated carports will not be approved.
9. All conditions listed in City Council Resolution P-88-109 shall
remain in effect except as modified herein.
APPROVED and ADOPTED by the City Council of the City~f Poway, State of
California, this 27th day of October, 1992.
ATTEST:
Mayor
K1\J~l:L-
. Wahlsten, City Clerk
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Resolution No. P-92-61
Page 5
STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
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=92-61
, was duly adopted by the City Council at a meeting of said City Council
held on the l7th day of ~ctober , 1992, and that it was so adopted
by the following vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLOSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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City Clerk
REPORTITTM8703TEI3'.RES