Covenant Regarding Real Property 1991-0425692
RECORDING REQUEST BY:
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DOC U 1991-0425692
20-AUG-1991 08:51 AM
OfFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECOROER
RF' 10.00 FEES' 26.00
AF' 15.00
nF: 1.00
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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(This space for Recorder's Use)
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
30hn Chun Yung Chang and Ely Yu Huvei 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 Conditional Use Permit 91-05 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 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 91-05 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rescinded by City Council at the request of the OWNER, CITY shall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.
OWNE
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Dated:
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Dated:
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OWNER
Dated:
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CITY OF POWAY
By ~e. / tJ~ - rtJln-!fJA
(No need to otarize)
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A portion of Lot 1, Section 35, Township 13 South, Range 2 West,
San Bernardino Meridian, in the County of San Diego, State of
California
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On this the 2nd day of Au~~st 19~, before me, *
. GENERAL ACKNOWLEDGMENT
**~i*"/C*.*******
* ,State of Cal ifornia
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* County of
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San Diego
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OFFICIAL SEAL
JIU A, SHORT
NOTARY PUBLIC. CALIFORNIA
SAN DIEGO COONIY
\My com... lllljllr9s JRl 29, 1994
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Jill A Short
the udersigned Notary Public, personnally appeared
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John C Y Chang
~ personally known to me
[] proved to me on the basis of satisfactory evidence
be the person(s) whose name(s) is subscribed
the within instrument, and acknowledged that he
executed it.
WITNESS my hand and official seal.
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PARTNERSHIP ACKNOWLEDGMENT
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* State of
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On this the ____day of
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the udersigned Notary Public, personnally appeared
[] personally known to me
[] proved to me on the basis of satisfactory evidence
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.
* Notary's Signature *
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On this the day of 19 before me,
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the udersigned Notary Public, personna 11y appeared
CORPORATE ACKNOWLEDGMENT
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* State of
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[] personally known to me
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be the person(s) who executed the within instrument as *
or on behalf of the corporation *
therein named, and acknowledged to me that the corporation*
executed it. *
WITNESS my hand and official seal. *
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* Notary's Signature *
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. GENERAL ACKNOWLEDGMENT
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: State of ('tJN~""w
: County of v"+<.,A;p-o-
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) On thi s the ti.bc.day of iM.<jud 19 2L, before me, :
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OFFICIAL SEAL
NANCY N NEUFELD
No1>J:" Pub\lc-Cr..lifomla
SAN DIEGO COUNTY
My Comm exp, Doc..21: '~!l? .
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[] personally known to me
cgr-proved to me on the basis of satisfactory evidence
be the person(s) whose name(s) ~ subscribed
the within instrument, and acknowledged that ~o ,
executed it.
WITNESS my hand and official seal.
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Nota
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PARTNERSHIP ACKNOWLEDGMENT
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* State of
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On this the ____day of
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Notary's Signature *
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the udersigned Notary Public, personnally appeared
[] personally known to me
[J proved to me on the basis of satisfactory evidence
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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before me, *
* State of
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the udersigned Notary Public, personnally appeared
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[] personally known to me
[] proved to me on the basis of satisfactory evidence to *
be the person(s) who executed the within instrument as *
or on behalf of the corporation *
therein named, and acknowledged to me that the corporation*
executed it. *
WITNESS my hand and official seal. *
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* Notary's 5ignature *
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RESOLUTION NO. P-91-46
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 91-05
ASSESSOR'S PARCEL NUMBER 275-231-02
WHEREAS, Conditional Use 'Pcermit 91-05, submitted by Harold
paddon/pomerado Boarding Care Home, applicant, requests approval to
operate a residential care facility for up to nine persons, located
on a portion of Lot 1, Section 35, Township 13, South, Range 2
West, San Bernardino Meridian, in the County of San Diego, State of
California on the east side of pomerado Road at 16031 pomerado
Road, regularly came before the City Council for public hearing and
action on July 23, 1991; and
WHEREAS, the City Council has read 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 adopts a Negative Declaration.
Section 2: Findinqs:
1. The proposed project will be consistent with the existing
general plan and there is a reasonable probability that
the project will be consistent with the proposed general
plan.
2. 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 board and
care use has been in existence for a year wi thin the
neighborhood.
3. That the harmony and scale, bulk, coverage, and density
is consistent with adjacent uses, in that it is a single-
family 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 the existing house.
5.
That there will not be a harmful effect upon desirable
neighborhood characteristics, in that the board and care
facility has been in operation the past year without
complaints.
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Resolution No. P-91-46
Page 2
6.
That the generation of trqffic will not qdversely affect
the surrounding street and/or the City's Circulation
Element, in that the amount of vehicular traffic is not
substantial.
7. That the site is suitaple for the type and intensity of
use 'or, development which is proposed, in that it is an
existing single-family residence located on a .88 qcre
lot and has operated as q board qnd care use during the
pqst year. '
8.-- That there will not be significant harmful effects upon
the environmental quality qnd natural resources.
9. That there qre no other relevant negative impacts for the
_:proposed use that cannot be mitigated..
10. That the proposed use will not adversely affect the City
of poway General Plan for future as well as present
development, in thqt the General Plan calls for plqcement
of residential care facilities within residential areas
where the-zoning is appropriate.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 91-05
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 grqnted 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 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.
Trash receptacle shall be enclosed by q six foot high wood
fence with view-obstructing gates pursuant to City standards.
Locqtion shall be subject to approval by the Planning Services
Department.
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Resolution No. P-91-46
Page 3
PARKING AND VEHICULAR ACCESS _
1. Six paved.parking spaces shall be provided.
2. The applicant shall submit a parking plan to the Planning
Services Department for app~oval prior to the installation of
the parking area...'
LANDSCAPING.
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
SIGNS
1. Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
2. The existing illegal temporary sign shall be removed
immediately.
EXISTING STRUCTURES
Provide compliance with the Uniform Building Code for property
line clearances considering use, area, and fire-resistiveness
of existing buildings.
2. The board and care facility may be of a nature to require
classification as a group 1-2 occupancy. 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 applicant shall
contact the poway Fire Department for State Fire Marshal
requirements that may apply to the project.
1.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
Annex into LMD 86-01 at an assessment rate of 50 percent.
Assessment for FY1991-92 will be $115.97. The assessment and
rate of assessment are in no way guaranteed to remain the
same.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1.
Install and maintain a manual fire alarm system.
2.
Install a residential fire sprinkler system.
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Resolution No. p_91-46
Page 4
3. . __,Provic1e.a F~reDepartment turna~ound separate from the parking
area. Red curbs and "NO PARKING - FIRE LANE" signs shall be
installed.
4. If an electric gate is installed at the beginning of the
driveway, a "Knox" override, key switch is to be provided.
5. Plans for both the fire alarm system and the residential fire
sprinkler system are to be submitted to and approved by the
Fire Department before the systems are' installed.
GENERAL REQUIREMENTS 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 nine.
2. The facility shall be used as a residence for senior adults
only. Maximum occupancy of the residence is nine persons.
APPROVED and ADOPTED by the City Council of the City
state of California, this 23rd day of July 1991.
~G ld, 1th,
of Poway,
Mayor
ATTEST:
Clerk