Covenant Regarding Real Property 1992-0162826
DOC-~ 1992-0162826
24-MHK-1992 10:34 AM
'RECOP,DING REQUEST BY:
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CITY OF POWAY
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1361
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECOROER
RF: 11.00 FEES:
AF: 17.00
MF: 1. 00
29.00
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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No Transfer Tax Due
(This space for Recorder's Use)
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COVENANT REGARDING REAL PROPERTY
Crv-
Joseph N. Bayani and Catherine Marie Bayani, husband and wife
as joint tenants ("OWNER" hereinafter) are the owners 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 317-520-20 ("PROPERTY" hereinafter). In consideration of
the approval of Conditional Use Permit 91-17 and Minor Development
Review 91-75 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) in that the
main residence or accessory apartment must be occupied by the owner
of the property at all times that either unit is held out for rent.
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 Conditional Use Permit 91-17 and Minor
Development Review 91-75 expire or are rescinded by City Council at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.
Dated:
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Dated:
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~Wli. MAR~AYAN~
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(Notarize) -
Dated:
)//M~A 1{).1f9~
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CITY OF POWAY
By
HI." 1~0U1nft
(No need to otar'ze)
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Our No.
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8504611
1362
EXHIBIT "A"
PARCEL 1:
That portion of the North Half of the Northwest Quarter of the Southwest
Quarter of Sectlon 14, Townshlp 14 South, Range 2 West, San Bernardlno
Meridlan, ln the County of San Diego, State of Callfornla, accordlng to
the Official Plat thereof, descrlbed as follows:
COMMENCING at the Southeast corner of the North Half of the Northwest
Quarter of the Southwest Quarter of said Section 14; thence along the
Southerly llne of sald North Half, North 88040'20" West (Record-North
88038'33" West) 340.00 feet to the Southeasterly corner of land descrlbed
ln deed to Beverly Ward Rlmbach, recorded November 7, 1957 ln Book 6825,
Page 254 of Official Records; thence continuing along the Southerly llne
of sald North Half, North 88040'20" West 40.00 feet to the Southeasterly
corner of land described ln deed to Community Church of Poway, recorded
Aprll 21, 1959 in Book 7617, Page 502 of Offlcial Records; thence along
the Easterly llne of said land last above referred to, North 00024'00"
West (Record-Northerly) 103.00 feet to the Northeasterly corner thereof,
belng the TRUE POINT OF BEGINNING of the land hereln described; thence
Westerly along the Northerly llne of said land to the Church of Poway
above referred to; North 88044'20" West 105.00 feet to the Northwesterly
corner thereof, sald polnt also being the Southeast corner of land
descrlbed 1 n Trustee' s-Oeedto::tlyde :~;, Cherry, et ux, recorded September
22, 1982 as File No. 82-29B137 of Offlclal Records; thence North 00024'00"
West along the Easterly llne of sald Cherry land, 104.00 feet to the
Southeasterly corner of land descrlbed ln Deed to John Vlrgll Wllcoxen, et
ux, recorded October 22, 1959 ln Book 7952, Page 137 of Offlclal Records;
thence contlnuing North 00024'00" West along sald land to Wilcoxen 103.00
feet to the Northeast corner thereof; the'l~.!L N.orth 88040' 20" East, 105.00
feet to a point beln9 the Northwest corner of land descrlbed ln Oeed to
Hans R. Schiegel et ux, recorded January 13, 1961 as File No. 7277 of
Offlclal Records; thence Southerly along the Westerly llne of Schiegel's
land to the TRUE POINT OF BEGINNING.
PARCEl 2:
An easement and rlght of way for road and publlc utillty purposes over
that portlon of the North Half of the Northwest Quarter of the Southwest
Quarter of Sectlon 14, Townshlp 14 South, Range 2 West, San Bernardlno
Base and Meridlan, in the Clty of Poway, County of San Diego, State of
Callfornla, accordlng to Unlted States Government Survey lylng wlthln a
strlp of land 30.00 feet ln wldth, the center llne whlch ls descrlbed as
follows:
COMMENCING at the Southeast corner of the North Half of the Northwest
Quarter of the Southwest Quarter of sald Sectlon 14; thence along the
Southerly llne of sald North Half, North 89040'20" West (Record-North
88038'33" West) 340.00 feet to the Southeasterly corner of land descrlbed
--- Continued On Next Page ---
EXHIBIT A
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Our No. 8504611-83
Continued:
1363
ln Deed to Beverly Ward Rlmbach, recorded November 7, 1957 in Book 6825,
Page 254 of Official Records; thence along the boundary of sald Rimbach's
land, North 00024'00" West, 310.00 feet to a corner thereln and North
88040'20" West, 145.00 feet to the Northwesterly corner of land described
ln that certain Deed of Trust executed October 23, 1959 by Beverly W.
Rlmbach and recorded December 1, 1959 In Book 8019, Page 420 of Offlclal
Records and the TRUE POINT OF BEGINNING of the hereln descrlbed center
line; thence along the Westerly llne of sald land last above referred to
and lts Southerly prolongatlon, South 00024'00" East, 310.00 feet to the
intersectlon wlth the South llne of the North Half of the Northwest
Quarter of the Southwest Quarter of sald Sectlon 14.
EXCEPTING THEREFROM that portlon lylng wlthln Parcel 1 hereinabove
described.
PARCEL 3:
An easement for road and public utlllties and for purposes lncidental
thereto over and across all that portlon of the North Half of the
Northwest Quarter of the Southwest Quarter of Sectlon 14, Townshlp 14
South, Range 2 West, San Bernardino Base and Meridlan, ln the Clty of
Poway, County of San Dlego, State of Callfornla, accordlng to Unlted
States Government Survey, lying wlthln a strlp of land 20.00 feet wlde,
the Southerly llne of which ls described as follows:
BEGINNING at the Northeast corner of the land descrlbed ln Deed to the
Pomerado Unlon School Dlstrict, recorded May 1, 1924 ln Book 751, Page 381
of Deeds, sald corner be1n9 a point on the East llne of sald North Half of
the Northwest Quarter of the Southwest Quarter of Section 14, dlstant
thereon 310.00 feet, Northerly from the Southeast corner of sald North
Half; thence Westerly along the Northerly 11ne of sald land and the
Westerly prolongatlon thereof, 946.00 feet, more or less to the East line
of land described ln Deed to Pauline Schnepp Baldwln, recorded ln Book
5709, Page 490 of Offlclal Records.
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01 this the ) &' day of HI't1U!--/I- 19 7'~, before In"! *
~ ss. ~J.../HJ04 H. ..:5l-1--ei7e..H/f-'t../ - , :
the signed ~ Public, personally appeared ' *
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:::::J~e;::>H N. t3A,-/AIo.i / 4"-'0 CA"THillUlt/& HA1Z/e- , *
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t81' personally known to ne
t1 proved to In"! on the basis of satisfactol:y evidence
to be the persontSn~ name.<STl A--If!.€ subscribed *
to the wi~in inSttUnent, and ~ledged that -r~ *
executed ~t. *
WI'lNESS II!Y hand and official seal.
~JA- -m.~~,,--
's Signature
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GmmAr. ~
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County of SA Ai 7)'I:c. v
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@:~.. YOlAN ;:;~,HERMAN
. NOTAA\' 1tU8L1C. CAltFORNIA
-" PRINCIPAL OFFICE tN
SAN DfEGO COUNTY
, My ConWJIISSion Eao. Novtmbw 12. 1993
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E'AR'lNmSHIP ~
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01 this the
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* on behalf of the partnership, and ackncMledged to ne that *
* the partnership executed it. *
* WI'lNESS II!Y hand and official seal. *
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a;m>CIOO:'E ~
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* state of
the undersigned Notary Public, personally appeared
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01 this the
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the undersigned Notary Public, personally appeared
tl personally known to ne
tl proved to ne on the basis of satisfactory evidence to
be the person(s) who executed the within instrurrent as
or on behalf of the corporation
and ackncJwledged to ne that the corporation *
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therein narred,
executed it.
WI'lNESS II!Y hand and official seal.
Notary's Signature
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1365
RESOLUTION NO. P- 92-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 91-17 AND
MINOR DEVELOPMENT REVIEW 91-75
ASSESSOR'S PARCEL NUMBER 317-520-20
WHEREAS, Conditional Use Permit 91-17 and Minor Development
Review 91-75, submitted by Joseph Bayani. applicant, requests
approval to remodel and construct a 1,396 square foot two story
addition to an existing single story duplex located at 13225 and
13227 Fred Drive in the RS-3 zone; and
WHEREAS, on March 10, 1992, the City Council held a public
hearing on the above-referenced items.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
The City Council finds that the project will not haye a
significant adverse impact on the environment and hereby
issues a Negative Declaration.
Section 2: Findinqs:
Conditional Use Permit 91-17
1. The project is in conformance with the poway General plan
in that it proposes the expansion of a single-family
residence with an accessory living unit on a 21,735
square foot lot zoned RS-3. The RS-3 zone permits the
construction of an accessory living unit.
2. The proposed expansion of the attached accessory living
uni t and prima ry res idence will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties in that the building
design is architecturally similar to the surrounding
residential development.
3. The proposed accessory unit is compatible with the
orderly and harmonious appearance of structures and
property wi thin the City in that the design of the
attached accessory apartment has been integrated with the
design of the primary residence and that both the primary
and accessory units appear as one single-family home.
Minor Development Review 91-75
1. The proposed expanded use _ a two story, single-family
residence and an attached ~ccessory apartment on a half
"EXHIBIT B"
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1366
Resolution No. P--92-11
Page 2
acre site. The General Plan designation is Residential
Single-Family 3 which permits this type of residential
development.
2. That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties, in that the 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 complies with the setbacks,
height limit, and all other property development
standards of the RS-3 zone.
4. That the proposed development encourages the orderly and
harmonious appearance of structures and property within
the City in that the proposed remodel and addition will
be compatible with surrounding residential development.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 91-17
and Minor Development Review 91-75 subject to the following
conditions:
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 owner 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 CONTAcr THE DEPARTMEN'r OF PLANNING SERVICES
REGARDING COMPLIANCE WITll THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. The appropriate Building Department approvals shall be
received prior to initiation of construction.
2. The applicant shall record a deed covenant which states that
ei ther the main residence or accessory apartment must be
occupied by the owner of the property at all times that either
unit is held out for rent.
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1367
Resolution No. p-92-11
Page 3
3.
All new and
Undergrounding
occupancy.
existing utilities shall be underground.
shall be completed prior to certification of
4. All created slopes of 5:1 Or greater shall be landscaped and
a permanent irrigation system shall be installed prior to
Certification of Occupancy.
5. Fences and walls shall not exceed six feet in height in
accordance with Section 17.08.220 of the Zoning Ordinance.
6. A one hour rated fire-resistive separation and sound
attenuation wall will be required between the units.
7. Low volume plumbing is required in all new construction.
8. School impact fees shall be paid prior to issuance of building
permits.
9,
Water, sewer,
designed and
poway.
be
of
and fire protection systems plans shall
constructed to meet requirements of City
10. Self-generating water softeners are prohibited in accordance
with Chapter 13.04 of the Municipal Code.
11. This approval shall become null and void if building permits
are not issued for this project within two years from the date
of project approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The applicant shall pay a $500 inspection fee to the City's
Engineering Services Department prior to building permit
issuance. Such fee is to be used to pay for City Inspector's
time in making necessary inspections of the project site that
are required prior to issuance of said building permit and/Or
Certificate of Occupancy.
2. The following development fees shall be paid to Engineering
Services Department prior to building permit issuance:
Traffic Mitigation Fee
*Park Fees
$ 640
$2550
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Effective March 7, 1992, park fees increased from $2500
to $2550.
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1368
Resolution No. p-92-11
Page 4
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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. Said numbers shall contrast
with their background. Address shall be required at both
private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be
maintained with a spark arrester.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
Annex into Landscape Maintenance District (LMD) 83-1 at a rate
of 50 percent. Assessment at this rate for FY 1991-92 is
$59.34. The rate of assessment and assessment are subject to
change each fiscal year. Property owner(s) is to sign Consent
to Annexation prior to building permit issuance.
APPROVED and ADOPTED by the City Council of the City of Poway,
state of California, this loth day of March 1992.~
ATTEST:
JO~~l~":~hl \
Mayor
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Wahlsten, City Clerk
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
1369
Resolution No. P- 92-11
Page 5
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-92-11 , was duly adopted by the City Council
at a meeting of said City Council held on the 10th day of ____
March , 1992, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
REPORTICUP9117.RES
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
'in k 1l!Cv/J, ~
Marjorie Wahlsten, City Clerk
City of Po ay