Covenant Regarding Real Property 1991-0425693
RECORDING 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 )
52
uue " 1991-0425693
20-AUG-1991 08:57 AM
OFFICIAL RECOROS
SAN OIEGO COUNTY RECORDER'S OFFICE
ANHETTE EVAHS, COUNTY RECORDER
Rf: 11.00 FEES: 29.00
AF: 17.00
"F: 1. 00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Richard J. Snyder and Linda S. Snyder, 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 278-
280-32,33 ("PROPERTY" hereinafter). In consideration of the
approval of Conditional Use Permit 91-07 and Minor Development
Review 91-19 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.
That this agreement shall run with the land for the protection
and benefit of all parties concerned, and that if the property
should hereafter be conveyed to any other person, firm, or
corporation that the instrument by means of which title or any
interest in or to said real property, or any parcel thereof is
conveyed will contain a restriction limiting the use of the part or
parcel so conveyed, or in the event of the conveyance of the whole
of said property hereinbefore described, then to use the whole of
said property in keeping with this agreement,
In the event that Conditional Use Permit 91-07 and Minor
Development Review 91-19 expire or are rescinded by City Council at
the request of the OWNER, CITY shall expunge this Covenant from the
record title of ~he 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:
July 30. 1991
August 7, 1991
04:~::.%t1z: '<<
OWNER (Nota~i'ze)
Dated:
Dated:
9"1 II,: 1'191
CITY OF POWAY
By ~!;e~tA!o7!t;/tU1lIJft.~
5~
PARCEL 3 OF PARCEL MAP NO, 12585, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25, 1983 AS FILE NO, 83-060394
OF OFFICIAL RECORDS,
GENERAL ACKNOWLEDGMENT
NO 201
State of
California
}ss
On this the ~J;jay of
M Yvette Rarrr-Kelley*
August
91
19_, before me,
San Diego
County of
*
the undersigned Notary Public. personally appeared
* * * * *Richard J Snyder* * * * * * * * * * * *
D~
M. YVrnE ltAM-KEllEY
NOTARY MUC. c,U'-
SAN DIEGO CWfTY
MyCOrmLr.p\rlsFetJ.25,ltM
}dXj proved to me on the basis of satisfactory evidence
to be the person(~ whose name(sj ; "
within instrument, and acknowledged that he
subscribed to the
_._ executed it.
WITNESS my hand and official seal. .
nJdj)~ -1" (f
-/1 1 /;j...tctL~Lt...'\ ~)I '( ('( f----....
Notary ~,nature :::s.:=:
ATTENTION NOTARY: Although the information requested below IS OPTIONAL, it could prevent fraudulent attachment of this certificate to another document
, Covenant Reqardinq Real PrOperty
THIS CERTIRCATE Tille or Type of Document, -
MUST BE ATTACHED Number of Pages 4 Date of Document July 30, '1:991
TO THE DOCUMENT
DESCRIBED AT RIGHT Signer(s) Other Than Named Above Linda snyder
7120019
NATlONAL NOTARY ASSOCIATION. 8236 Remmet /we. . P.O. Box 7184. Canoga Park, CA 91.l)4.71P'
. GENERAL ACKNOWLEDGMENT
* *-... '* '* * * * * * *
,* State of California
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54
* * * * * * * * * * * * * * * *
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)
) 55.
On this the 30t~ay of
July
19 jU, before me, *
*
* County of San Diego
---------- Nancy R. Dewel1----------------
the udersigned Notary Public, personnally appeared
*
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-------------------Linda S, Snyder------------------____
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Q9 personally known to me
IAL SEAL
NAHCY I. DEWEll
NOTARY P\8UC. CM.fCRrM
~ SAN Ql(QO COUNTY
_C6tMl.bpft.~,. 22.1914
[] proved to me on the basis of satisfactory evidence to *
be the personOOd whose name6eQ is subscribed to *
the within instrument, and acknowledged that she *
executed it. *
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~~f}Si n tu e *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * *
PARTNERSHIP ACKNOWLEDGMENT
* * * * * * * * * * * * * *
* 5tate of
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* County of
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On this the _day of 19 before me,
) 5S.
)
the udersigned Notary Public, personna lly 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.
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* Notary's Signature *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CORPORATE ACKNOWLEDGMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
before me, *
* State of
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* County of
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*
)
) SS.
On this the _day of
19
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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 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 *
* * * * * * * * * * * * * * * * '* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
E
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-5
RESOLUTION NO. P-91-45
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 91-07 AND
MINOR DEVELOPMENT REVIEW 91-19
ASSESSOR'S PARCEL NUMBER 278-280-32, 33
WHEREAS, Conditional Use Permit 91-07 and Minor Development
Review 91-19, submitted by Linda and Richard Snyder, applicants
request approval for construction of a 6,034 square foot two story
single-family home and garage and a detached 1,264 square foot
accessory apartment at 14652 Sunset Mountain Way in the RR-B zone;
and
WHEREAS, on July 16, 1991, the City Council held a public
hearing on the above referenced items.
NOW, THEREFORE, the City Council does hereby resol ve as
follows:
Section 1: Environmental Findinqs:
This project is exempt from environmental review under
Category 3 of the CEQA guidelines which includes construction
of single-family residences.
Section 2: Findinqs:
Conditional Use Permit 91-07
1. The proposed proj ect 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. The proposed project is in conformance with the poway
General plan in that it proposes a single-family
residence with an accessory living unit on an 8.58 acre
rural residentially zoned lot which permits construction
of an accessory living unit.
3. The proposed accessory living unit will not have an
adverse aesthetic, health, safety, or architecturally
related impact upon adj oining properties in that the
building design is architecturally similar to the
surrounding residential development.
The proposed accessory unit is compatible with the
orderly and harmonious appearance of structures and
property within the City in that the accessory apartment
4.
5 f'-
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Resolution No. P-91-45
Page 2
is sited at
reduce the
development.
Minor Development Review 91-19
the lowest elevation possible which will
structures visual impact on surrounding
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4.
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. The proposed use is a two story, single-family residence
and detached accessory apartment on an 8.58 acre site and
the General plan designation is Rural Residential B which
permits this type of low density residential use.
3. That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adj oining properties, in that the grading
design, building placement, building materials, and
elevations will be compatible with surrounding
development.
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 RR-B zone.
5. That the proposed development encourages the orderly and
harmonious appearance of structures and property within
the City, in that surrounding properties are zoned for
rural residential use and it can be assumed that they
will eventually be developed with single-family
residences similar to the proposed project.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 91-07
and Minor Development Review 91-19 subject to the following
conditions:
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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.
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 uses.
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Resolution No. P-91-45
Page 3
APPLICANT. SHALL. CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The appropriate Building Department approvals shall be
receivedprio~ to initiation of construction.
2. That section of the existing dirt road on the subject
property, which will no longer be in use due to construction
of the new paved driveway, shall be hydroseeded with a drought
tolerant native seed mix in order to hasten revegetation. If
the hydroseeding is not done during the rainy season,
temporary irrigation shall be provided to ensure germination.
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.
3. All new and existing utilities shall be underground.
Undergrounding shall be completed prior to certification of
occupancy.
4.
Maximum driveway width shall not exceed 12 feet as shown on
the modified plans dated June 14, 1991. Two turnouts to
accommodate passing may be provided adjacent to the driveway.
5. School impact fees shall be paid at the time of issuance of
building permits.
6. 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 Health Department.
7. Future grading of the hillside portions of the subject lot
shall be prohibited unless approved by City council.
8. Self-generating water softeners are prohibited in accordance
with Chapter 13.04 of the Municipal Code.
9. Slope replanting for erosion control should incorporate native
plant and low water use materials.
10. Grading is to be limited to the driveway alignment and pads
for the residence, pool, and accessory apartment.
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.
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Resolution No. P- 91-45
Page 4
APPLICANT SHALL coNTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. A grading plan for the development of the property shall be
submitted to the City's Engineering Services Department for
review and approval prior t~ issuance of a grading permit and
start of grading operation. Rough grading of the site must be
completed and shall meet the City's Engineering Services
inspector's approval prior to issuance of a building permit.
2. A right-of-way permit shall be obtained from the City's
Engineering Services Department for any work to be done within
the public street right-of-way or any City-held easement.
Said work shall include, but is not to be limited to,
construction of driveway approach, water service line
installation, street construction (including concrete curb,
gutter, and sidewalk). Permi t shall be obtained prior to
start of work.
3.
The private road adjacent to and/or within the property
commonly referred to as Sunset Mountain Way, shall be improved
to City of poway' s Non-Dedicated Rural Road Standards per
Ordinance No. 280. Its completion thereof shall be done. prior
to issuance of building's Certificate of Occupancy.
A road maintenance agreement, for Sunset Mountain Way, in a
form satisfactory to the City Attorney, shall be executed by
the owner and/or developer prior to building permit issuance.
Said agreement is to comply with Ordinance 280,. Ci ty Code
Section 12.20.060.
4.
5. Leach field layout or seepage pit layout for the residence
sewage disposal system shall be submitted to the City's
Engineering Services Department for review and approval by the
City Engineer prior to obtaining a septic system installation
permit from the County of San Diego Department of Health. If
a septic system installation permit had been obtained without
a City approved layout, one shall be submitted prior to
installation of leach lines.
6. The applicant may install a "remote connection" should they
decide to connect to the public sewer system. The applicant
will be assessed two EDUs of sewer.
7.
In the absence of other sources of potable water, the
applicant will need to install a water pump to be able to
access the public water system.
8.
Contact Engineering Services Department for payment of water,
drainage, traffic mitigation, and park fees prior to building
permit issuance.
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Resolution No. P-91-45
Page 5
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. Minimum height of address numbers
shall be four inches. Address may be required at private
driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be
maintained with a spark arrester.
Every building hereafter constructed shall be accessible to
Fire Department apparatus by way of access roadways with all-
weather driving surface of not less than 20 feet of
unobstructed width, with adequate roadway turning radius
capable of supporting the imposed loads of fire apparatus
having a minimum of 13'6" of vertical clearance. The road
surface type shall be approved by the City Engineer, pursuant
to the City of poway Municipal Code.
5. Dead end access roadways in excess of 150 feet long shall be
provided with approved provisions for the turning around of
Fire Department apparatus. Requirements for dead end and
looped accessways are:
4.
Length:
width:
Turnarounds Required:
Greater than 500'
12' with sprinklers
96' Diameter cul-de-sac
120' Hammerhead
*Curves and topographical conditions could alter the
requirement for turnarounds and the width of access way.
6. The access roadway shall be extended to within 150' of all
portions of the exterior walls of the first story of any
building. where the access roadway cannot be provided,
approved fire protection system(s) shall be provided as
required and approved by the chief.
7.
Both new structures shall have a "Life Safety" residential
fire sprinkler system installed meeting NFPA #13-0 standards.
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Resolution No. P- 91-45
Page 6
8. _., A.note_:shaU' be on the plans ;:;tating "Residential sprinkler
'system required in both structures". Plans shall be submitted
and approved by the Fire Department prior to installation.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING cqNDITION:
Annex both parcels into LMD 86-1 at a 50 percent rate. Each
assessment for FY1991-92 is $115.97. This rate and assessment
are in no way guaranteed to remain constant. The property
owner is to sign annexation paper prior to building permit
issuance.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 16th day of July ,11991-
__~~vVL/
Jan Golds ith, Mayor
ATTEST:
k ~
Wahlsten, City Clerk