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Covenant Regarding Real Property 1991-0425692 RECORDING REQUEST BY: 44 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 ) ) ) ) ) ) ) ) ) ) ) ) (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 In the event that Conditional Use Permit 91-05 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 &4C/c<. va Dated: J - 2. -1/ Dated: rP~~-'l/ OWNER Dated: 4ft A~ / If/ I ' CITY OF POWAY By ~e. / tJ~ - rtJln-!fJA (No need to otarize) 45 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 * i * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * On this the 2nd day of Au~~st 19~, before me, * . GENERAL ACKNOWLEDGMENT **~i*"/C*.******* * ,State of Cal ifornia * ) ) SS. * County of * * * * * * * * San Diego . OFFICIAL SEAL JIU A, SHORT NOTARY PUBLIC. CALIFORNIA SAN DIEGO COONIY \My com... lllljllr9s JRl 29, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * 46 * Jill A Short the udersigned Notary Public, personnally appeared * * * * * * * to * to * * * * * * 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. * * * * * * * * * * * * * * * PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of * * County of * * * * * * * * * * * * * * ) ) SS. On this the ____day of 19 before me, * * * * * * * * * * * * * * * * * 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 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * On this the day of 19 before me, ) ---- ) SS. the udersigned Notary Public, personna 11y appeared CORPORATE ACKNOWLEDGMENT * * * * * * * * * * * * * * * State of * * County of * * * * * * * * * * * * * * * * * * * * * * [] 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. * * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . GENERAL ACKNOWLEDGMENT *******/1'**** : State of ('tJN~""w : County of v"+<.,A;p-o- '.Ii * * * -* * * * * *~.{'e~~*~o//'t~S;* * * * * * ) On thi s the ti.bc.day of iM.<jud 19 2L, before me, : ) 55. * t personnally appeared * * * * * * * * * * * * * * * * * * * * OFFICIAL SEAL NANCY N NEUFELD No1>J:" Pub\lc-Cr..lifomla SAN DIEGO COUNTY My Comm exp, Doc..21: '~!l? . ~'1.ju Jtu.ue-; ('~QJ [] 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. * * * * * * to * to * * * * * * * * Nota * * * * * * * * * * * * * * * PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of * * County of * * * * * * * * * * * * * * * * * * * * * * * * * * * * On this the ____day of 19 , before me, * ) ) S5. * * * * * * * * * * * * * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , 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 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ) ) S5. On this the ____day of 19 before me, * * State of * * * County of 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 as * or on behalf of the corporation * therein named, and acknowledged to me that the corporation* executed it. * WITNESS my hand and official seal. * * * * * Notary's 5ignature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F [ I....... ':',;'i!l (',;,;.;,;, I 48 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. ~ [ ~@i I,. 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. ~ ~ ; [ (..... (!if! f...... 50 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. p" - '. [ Kiif~ ..:.......... t.:....::. , '" 51 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