Covenant Regarding Real Property 1993-0176877
RECORDING REaU~ST BY:
; 1689
o~~ " 1993-0176877
Z3-MAR-1993 10=12 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EUAHS, COUHTY RECORDER
RF: 14.00 FEES: 38. CO
AF: 23.00
MF: 1.00
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92064
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(This space for Recorder's Use)
CITY f>'F POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Herrick Development, Inc., a California Corporation ("OWNER" hereinafter) is the owner of real
property described in Exhibit A which is attached hereto and made a part hereof and which is
common Iv known as Assessor's Parcel Number 317-500-87 ("PROPERTY" hereinafter). In
consideration of the approval of Tentative Parcel Map 92-06, Variance 92-17, and Development
Review 92-16 bV the City of Powav ("CITY" hereinafter), OWNER herebv covenants and agrees for
the benefit of the CITY, to abide bV 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 Tentative Parcel Map 92-06, Variance 92-17, and Development Review 92-16
expires or is rescinded bV City Council at the request of the OWN ER, CITY shall expunge this Covenant
from the record title of the PROPERTY.
If either partv is required to incur costs to enforce the provisions of this Covenant, the
prevailing partv shall be entitled to full reimbursement of all costs, including reasonable attornevs' fees,
from the other partv. The CITY mav assign to persons impacted bV the performance of this Covenant
the right to enforce this Covenant against OWNER.
Dated:
P-I?"- '73
CALIFORNIA
CITY OF POWA Y
Dated: d-.::1-93
BV:
21~ / -r;)~-f -(l~~--M~
WITNESS my hand and official seal.
-:Dlho.ra)~__ . JJAIl ~(
SIGNATUREOF~~
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT Covenant Regarding Real Property
2
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of
California
}
County of
San Diego
On March 15 . 199:before me
DATE .
Deborah Grassi. Notarv Public
NAME, TITLE OF OFFICER. E.G., "JANE DOE, NOTARY PUBLIC'
personally appeared
Ron Whitney
NAME(S) OF SIGNER(S)
I!I personally known to me . OR . 0 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 ac-
knowledged to me that he/she/they executed
the same in hislherltheir 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
~ OFFICIAL SEAL
I €t~~. """', DEBORAH GRASSI
~iff.:'~..,..:: NOTJ.\RY PUBLIC - CALIFORNIA
~\\~~i;,'.',i:,~, ' SAN DlEG1? COUNlY ~
-.;,:,;k-,"",'~ My comm. ex~~~__ 9, .;}~
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
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.
o INDIVIDUAL
[lg CORPORATE OFFICER(S)
Vice President
TITlE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEy-tN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTtTY(IES)
Herrick Development, Inc.
3-15-93
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE Reba Wright-Quastler (Citv of Powail
@1992NATIONALNOTARY ASSOCIATION -8236 RemmetAve., P.O. Box 7184-Canoga Park, CA 91309-7184
'1690
LEGAL DESCRIPTION
PARCEL 10 AS SHOWN ON RECORD OF SURVEY MAP NO. 4704, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 19, 1958, BEING A
PORTION OF THE SOUTHWEST QUARTER OF THE SOUTH EAST QUARTER OF
SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, EXCEPTING
THEREFROM THE NORTHERLY 140.00 FEET THEREOF.
1691
RESOLUTION NO. P- 93-07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 92-06,
VARIANCE 92-17, AND DEVELOPMENT REVIEW 92-16
ASSESSOR'S PARCEL NUM8ER 317-500-87
WHEREAS, Tentative Parcel Map 92-06, hereinafter "Map" and Variance 92-17
and Development Review 92-16, submitted by Herrick Development, applicant, for
the purpose of subdividing real property situated in the City of Poway, County
of San Diego, State of California, described as Parcel 10 as shown on Record of
Survey Map No. 4704, in the City of Poway, County of San Diego, State of
California, being a portion of the southwest quarter of the southeast quarter of
Section 14, Township 14 South, Range 2 West, San Bernardino Meridian in the
County of San Diego, State of California, excepting therefrom the northerly 140
feet thereof;
WHEREAS, the Director of Planning Services has recommended approval of the
project subject to all conditions set forth in the Planning Services report; and
WHEREAS, the City Council has required and considered said 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 that the project will not have a significant
adverse impact on the environment and hereby issues a Negative Declaration
with mitigation measures.
Section 2: Findinqs:
Tentative Parcel MaD 92-06
1. The proposed project is consistent with the general plan.
2. The tentative parcel map is consistent with the General Plan in that
single-family housing is proposed for development.
3. The design or improvement of the tentative parcel map is consistent
with all applicable general and specific plans; in that improvements
adhere to the development standards of the City of Poway Zoning
Ordinance and the Subdivision Ordinance.
4. The site is physically suitable for the type of development
proposed; in that the site is fairly level and can accommodate the
number of lots proposed.
5. The site is physically suitable for the density of the development
proposed. The site will be developed in conformance with density
criteria of the RS-7 zone.
'1692
Resolution No. p-93-07
Page 2
6. 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.
7. The tentative parcel map is not likely to cause serious public
health problems because City water and sewer systems will be
provided to the new parcels. Low flow plumbing fixtures will be
required throughout future buildings on the site. Landscaping plans
will eventually be prepared with mi nima 1 water consumption and
incorporating low volume irrigation techniques for trees and shrubs.
8. The design of the tentative parcel map will not conflict with any
easement by the public at large, now of record, for access through
or use of the property within the proposed subdivision.
Variance 92-17
1. There are special circumstances applicable to the property (size,
shape, topography, location, or surroundings), or the intended use
of 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
classifications.
The property is encumbered by a 20 foot private road easement along
the easterly p~operty line which decreased the developable portion
of the property and limits how the project can be designed. While
the property can accommodate a subdivision design having flag lots,
which complies with City standards, the most acceptable map design
requires the lot depth variance.
2. 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 zone and denied to the
property for which the variance is sought. Approximately 45 lots
within the immediate vicinity have lot depths ranging from 99 feet
to 89 feet.
3. 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, in that a home of standard width and depth can
still be constructed on each lot and comply with required setbacks.
4. The granting of this variance does not constitute a special
privilege inconsistent with the limitations upon other properties in
the vicinity and zone in which such property is situated, in that
other residences in the same vicinity have been constructed using
similar lot depths.
'1693
Reso 1 ut i on No. P- 93-07
Page 3
5. The granting of this variance does not allow a use or activity which
is not otherwise expressly authorized by the zoning regulation
governing the parcel of property.
6. Granting the variance or its modification will not be incompatible
with the Poway General Plan.
Section 3: Citv Council Decision:
The City Council hereby approves Tentative Parcel Map 92-06, Variance 92-
17, and Development Review 92-16 subject to the following conditions:
Within 30 days of approval (1) the applicant shall submit in writing that
all cond i t ions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT 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.
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. A six foot high sol id wood fence or decorative block wall shall be
constructed to enclose the side and rear yard areas of each lot prior to
certificate of occupancy.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
7. For each new residential dwell ing unit(s), the appl icant 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), Water and Sewer Service Fees.
These fees shall be paid prior to final map approval (map and map plan
checking); and prior to building permit issuance (water, sewer, drainage,
'1694
traffic mitigation.
occupancy, a security
approval).
8. Approval of the variance and development review shall become null and void
if building permits are not issued for this project within two years from
the date of project approval. Application for time extension of the
tentative parcel map must be received at least 90 days prior to
expiration.
Resolution No. P-93-07
Page 4
If deferred to issuance of a certificate of
depos it shall be posted pri or to parcel map
LANDSCAPING
1. All graded slopes greater than five feet in height shall be landscaped and
irrigated, and those three feet or greater shall be planted, in accordance
with adopted Poway Landscape Standards.
2. A detailed landscape and irrigation plan shall be submitted to and
approved by the Plann i ng Servi ces Department pri or to the issuance of
building permits.
3. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway ordinance and shall be planted at an
average of every 30 feet on interior streets and 20 feet on exterior
streets.
4. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
RECREATION
The developer shall pay the Park Fee at the established rate at the date
of fi na 1 inspect i on, or the date of the Cert i fi cate of Occupancy,
whichever occurs later, but a security deposit shall be posted with the
City's Engineering Services Department prior to map approval.
ADDITIONAL APPROVALS REOUIRED
1. The developer shall display a current Zoning and Land Use Map, or suitable
alternative, in the sales office at all times, to the satisfaction of the
Director of Planning Services.
2. All sales maps that are distributed or made available to the public shall
include but not be limited to trails, future and existing schools, parks,
and streets.
:1695
3.
Resolution No. P-93-07
Page 5
I
equestri an/pedestri an trails to the
Public Services in accordance with ~he
I
,
The developer shall pay the Park Fee at the established rate at the dJte
of final inspection, or the date of the Certificate of Occupancy,
whichever occurs later, but a security deposit shall be posted with the
City's Engineering Services Department prior to map approval.
Dedi cate the Master planned
satisfaction of the Director of
Master of Trails Element.
4.
ADDITIONAL APPROVALS REOUIRED
1. The developer shall display a current Zoning and Land Use Map, or suitable
alternative, in the sales office at all times, to the satisfaction of the
Director of Planning Services.
2. All sales maps that are distributed or made available to the public shall
include but not be limited to trails, future and existing schools, parks,
and streets.
*3. The developer shall contract to have an archaeologist monitor grading and
excavation activity at the project. Upon completion of the monitoring
program, a brief report shall be filed with the Planning Services
Department describing the process and any pertinent discoveries which may
be made.
4. The developer shall set aside 15 percent of the new lots for low income
hous i ng and shall be subject to a restri ct i on on the face of the map
providing such set aside. If an in-lieu fee is adopted by the Council,
with Council approval the developer may opt to pay an in-lieu fee at the
rate established by the City Council in place of setting aside 15 percent
of the units for low income housing. This fee shall be paid prior to
building permit issuance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
1. If pad elevations increase by greater than two feet in elevation from
those shown on the tentative map, City Council approval will be required
prior to grading.
2. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
3. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work:
4. A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
1696
Resolution No. P-93-07
Page 6
5. The final grading plan, prepared on a standard size sheet, shall be
subject to review and approval by the Planning Services and Engineering
Services Departments and shall be completed prior to issuance of a grading
permit.
6. The final grading plan shall be subject to review and approval by the
Planning and Engineering Services Departments and rough grading shall be
completed prior to issuance of any building permit, whichever comes first.
7. A pre-bl ast survey of surrounding 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. All residents
within 500 feet shall be notified 24 hours prior to any blasting.
8. The grading plan shall contain a certificate signed by a Registered Civil
Engineer that the grading plan has preserved a minimum of 100 square feet
of solar access for each dwelling unit and for each future building site
within the subdivision.
STREETS AND SIDEWALKS
1. Sidewalks 4.5 feet in width shall be required on the north side of Oak
Knoll Road.
2. Street striping and signing including Oak Knoll Road shall be installed to
the satisfaction of the Director of Engineering Services.
3. All street structural sections shall be submitted to and approved by the
Director of Engineering Services.
4. Street improvement plans prepared on standard size sheets by a Registered
Civil Engineer shall be submitted for approval by the Director of
Engineering Services. Plan check and inspection expenses shall be paid by
the developer.
5. All exterior street improvements shall be constructed prior to issuance of
Certificate of occupancy, to the satisfaction of the Director of
Engineering Services.
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 City Engineer prior to
occupancy.
7. Street improvements that include, but are not limited to:
-L Sidewalks
-L Driveways
-L Wheel chair ramps
-L Curb and gutter
_____ Cross gutter
_____ Alley gutter
-L Street paving
_____ Alley paving
1697
Resolution No. P-93-07
Page 7
Civil Engineer and shall be submitted for approval by the City Engineer.
Plan check and inspection expenses shall be paid by the developer. The
grading plans shall be approved and securities posted prior to final map
approval. The securities shall be posted with a standard a9reement which
requires the developer to construct the facilities within two years of
execution of said agreement. The security shall be 100 percent of the
cost estimate approved by the City Engineer. The requirement for a 50
percent payment and 10 percent warranty security is waived due to the fact
that this will not be a public improvement.
12. A monumentation bond in an amount acceptable to the City Engineer shall be
posted prior to final map.
13. The existing egress and ingress easement along the easterly 20 feet of the
property may be reduced to 16 feet in width.
DRAINAGE AND FLOOD CONTROL
1. The Master Plan of Drainage Fee shall be paid at the established rate in
accordance with the Drainage Ordinance prior to final map approval. If
securities are posted, fees must be paid prior to final inspection.
2. Intersection drains will be required at locations specified by the
Director of Engineering Services and in accordance with standard
engineering practices.
3. The proposed project falls within areas indicated as subject to flooding
under the National Flood Insurance Program and is subject to the
provisions of that program and City Ordinance.
4. A drainage system capable of handling and disposing of all surface water
originating within the subdivision, and all surface waters that may flow
onto the subdivision from adjacent lands, shall be required. Said
drainage system shall include any easements and structures as required by
the Director of Engineering Services to properly handle the drainage.
S. Port 1 and cement concrete cross gutters shall be i nsta 11 ed where water
crosses the roadways.
6. The Master Plan of Drainage Fee shall be paid at the established rate in
accordance with the Drainage Ordinance at the date of final inspection or
at the date the Certificate of Occupancy is issued, whichever occurs
later.
7. Concentrated flows across driveways and/or sidewalks shall not be
permit ted.
UTILITIES
1. All proposed utilities within the project shall be installed underground.
:1698
Resolution No. P~3-07
Page 8
2. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
3. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
4. 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 Department of Health.
5. Property shall be annexed to the sewer improvement area prior to
acceptance of property for sewer service.
6. The app 1 i cant shall pay for a water system ana lys is to establ ish the
proper size and location for the public water system. The amount shall be
paid upon demand by the City.
7. Within 30 days after receiving approval of the tentative parcel map,
variance and development review, the applicant shall apply for a Letter of
Ava il abil ity (LOA) to reserve sewerage avail abi 1 i ty and post wi th the
City, a nonrefundable reservat i on fee equal to 20% of the appropri ate
sewerage connection fee in effect at the time the LOA is issued.
8. Developer shall construct a lighting system conforming to City of Poway
standards at no cost to the public, subject to the following:
a. Cut-off luminaries shall be installed which will provide true 90
degree cutoff and prevent projection of light above the horizontal
from the lowest point of the lamp or light emitting refractor or
device.
b. All fixtures shall use a clear, low pressure sodium vapor light
source.
c. Advance energy charges and District engineering charges shall be
paid by the developer.
d. Annexation to the lighting district shall be accomplished and
evidence of annexation shall be accomplished at the time of final
inspection or Certificate of Occupancy, whichever occurs later.
9. If cable television services are to be provided and installed underground,
the developer shall notify the cable company when trenching for utilities
is to be accomplished.
10. Water and sewer main lines and appurtenances that will be installed at
locations other than within publ ic streets shall have an easement, a
minimum of 20 feet wide, dedicated to the City of Poway. Multiple
parallel facilities will require additional easement width for on-site
facilities. Dedication shall be offered in the final map whereas off-site
1699
Resolution No. P-93-07
Page 9
lines shall have the easement dedicated by a separate instrument recorded
prior to final map approval.
11. All public utility lines (i.e., water, sewer, drainage) not located within
public streets shall have an improved access over and along the respective
easement, the surfacing and width of which shall be acceptable to the City
Engineer.
12. The water di stri but i on system ma i n shall be extended up the common
driveway so that water services and meters can front the north lots.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and le9ible from the street fronting the
property. Said numbers sha 11 contrast wi th thei r background. Address
shall be required at private driveway.
2. Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. These dwellings are being built on a parcel size of less than one acre and
are beyond 350 feet maximum from the nearest fire hydrant. A new fire
hydrant shall be installed on Oak Knoll Road at the driveway entrance into
the project.
S. No parki ng shall be a 11 owed withi n the common pri vate street easement.
Red curbing shall be painted within the hammerhead area to indicate fire
lane and no parking.
6. Pri or to deli very of combust i bl e bui 1 di ng materi a 1 on site, water and
sewer systems shall satisfactorily pass all required tests and be
connected to the public water and sewer systems. In addition, the first
lift of asphalt paving shall be in place to provide adequate, permanent
access for emergency vehicles. The final 1 ift of asphalt shall not be
installed until all other construction activity has been substantially
completed to the satisfaction of the City.
GENERAL REQUIREMENTS AND APPROVALS
I. The CC&R's and/or Articles of Incorporation of the Homeowner's Association
shall be subject to review for compliance with conditions herein, by the
City Attorney and Director of Planning Services, and shall be filed with
the Secretary of State, the County Recorder, and the City Clerk at the
time of final map consideration.
2. Final parcel map shall conform to City standards and procedures.
'1700
Reso 1 ut i on No. P- 93-07
Page 10
3. Should this subdivision be further divided, each final map shall be
submitted for approval by the Director of Engineering Services.
4. All provisions of the Subdivision Ordinance of the Poway Municipal Code
shall be met as they relate to the division of land.
5. Prior to final occupancy, all dedications shall be made and easements
granted as required.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 2nd day of March 1993.
\_b~~'M:1"~
Don Higginson, yor
ATTEST:
I hereby certify, under the penalty
of perjury, that the above and
foregoing is a true and correct
copy of Resolution No.&- 93-.0 7,
8S adopted by the City Council of
Poway, California on the ;;?~
day of~ ,19~.
MARJORIE K, W AHLSTEN. CITY CLERK
by;~L k~L
\
\
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
cert ify, under the pena Hy of perjury, that the foregoi ng Reso 1 ut i on, No.
P-93-07 ,was duly adopted by the City Council at a meeting of said City Council
he 1 d on the 2nd day of March , 1993, and that it was so adopted
by the following vote:
1(1JIJ~G....
Wa sten, City
STATE OF CALIFORNIA
)
) SS.
)
COUNTY OF SAN DIEGO
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
VACANCY:
AEPORT\TPM9206.RES