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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with this agreement, In the event that Conditional Use Permit 91-07 and Minor Development Review 91-19 expire or are rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of ~he PROPERTY.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 * * 1 * * * '* * * * '* * * * * * * * 54 * * * * * * * * * * * * * * * * * ) ) 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 * * * * * * * * * * * * * * * * * * * -------------------Linda S, Snyder------------------____ * * * 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. * ~::::"", ~ ~~f}Si n tu e * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * 5tate of * * County of * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CORPORATE ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * before me, * * State of * * County of * * * * * * * * * * * * ) ) SS. On this the _day of 19 * 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 G L !""f.j, l"'" -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'- F 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 L 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: f,"'''''' ......., ...... ~ ,., 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. F L [;,,,, l"~" 57 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. p l fif:';':': l>i~~~ I.:;;:.... 58 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. r L (,:.:.:.:.:, ~/::::~:~:~ l, 59 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. F L [uu ,....... I l 60 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