Covenant Regarding Real Property 1991-0410603
RECORDING REQUEST BY:
1602
CITY OF POWAY
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(This space for Recorder's Use)
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Jeanne Shinnick, an unmarried woman ("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 278-800-08 located at 15650 Boulder
Mountain Road Poway, California, desires to construct a
833 square foot guest house detached from a single-family residence
approved under Minor Development Review 91-02.
That in consideration"of the permission granted by the City of
poway by the approval of Minor Development Review 91-02 to allow
construction of a 833 square foot detached guest house does hereby
covenant and agree to and with said The City of poway, a municipal
corporation, that said guest house shall never be rented, leased or
otherwise used as a second unit and no second kitchen shall ever be
installed.
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.
That if said agreement is violated at any time, action shall
be taken by the City of poway to voke permisswn for use as
herein stated4k~ 1/ 19f1 ~ .~
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CITY OF POWAY
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1603
LOT 3 OF CITY OF POWAY TRACT NO. 85-03, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
11451, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 19, 1986.
. GENERAL ACKNOWLEDGMENT
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* ' Stat!! of C'/l"LIF7JRAJ;A-
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* County of SffiI/ /;/1:::(;0) SS.
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OFftClAl SEAL
KATHY M. ANDREW
NOTARY PIl8llC. CALIFORNIA
PRINCIPAL OFFICE tN
RIVERSIDE COUNTY
My tonI1lIi..... up, ,\q. 30, 1991
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On this the 1St-day of /hAtRUSr 19~, before me, :
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the udersigned Notary Public, personnally appeared
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[] personally known to me
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be the person(s) whose name(s) J~ subscribed to *
the wi thi n instrument, and acknowl edged that -Sh J;L *
executed it.
WITNESS my han
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offi cia 1 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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before me, *
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the udersigned Notary Public, personnally appeared
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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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CORPORATE ACKNOWLEDGMENT
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* State of
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On this the ____day of
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the udersigned Notary Public, personna11y 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. *
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1605
RESOLUTION NO. p- 91-44
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 85-03 MODIFICATION AND
MINOR DEVELOPMENT REVIEW 91-02
ASSESSOR'S PARCEL NUMBER 275-800-08
WHEREAS, Tentative Tract Map 85-03 Modification and Minor
Development Review 91-02, submitted by Jeanne Shinnick, applicant,
requests approval for construction of a 3,365 square foot two story
single-family home and a detached 833 square foot guest house at
15650 Boulder Mountain Road in the RR-C 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 resolve 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:
Tentative Tract Map 85-03(M)
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 tentative tract map as modified is consistent with
all applicable general and specific plans, in that the
General Plan designation for the subject property
provides for single-family residential development.
3. The site is physically suitable for the type of
development proposed in that the additional building site
on Lot 3 can be developed with a minimum of grading due
to the type of building construction proposed.
The modified building site for Lot 3 is not likely to
cause substantial environmental damage and avoidable
injury to humans and wildlife or their habitat in that
grad ing has been minimized by proj ect des ign and the
portion of the lot to be developed has already been
disturbed to some extent.
4.
1606
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Resolution No. P-91-44
Page 2
5.
The tentative tract map as modified is not likely to
cause serious health problems in that the property would
be served by sanitary"'sewer service and domestic water
provided by the City.
6. The design of the tentative tract map as modified will
not conflict with any easement acquired by the public at
large now of record' for access through or use of the
property within the proposed subdivision.
7. This proj ect will not create adverse impacts on the
environment due to the small scale of the project.
8. The effect of modified subdivision approval on the
housing needs of the San Diego region have been
considered and balanced against the public service needs
of poway residents and available fiscal and environmental
resources.
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9. The design of the subdivision as modified has provided,
to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision.
Minor Development Review 91-02
1. The proposed project will be consistent with the existing
general plan and there is 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 guest house on a 3.25 acre site and the
General plan designation is Rural Residential C 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 elevations will be compatible with
surrounding development and building materials and colors
will blend with the surrounding hillside terrain.
4. 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-C zone.
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5.
That the proposed development encourages the orderly and
harmonious appearance of structures and property within
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1607
Resolution No. P-91-44
Page 3
the City, in that surrounding properties are zoned for
rural residential use and will eventually be developed as
single-family residences similar to the proposed project.
Section 3: City Council Decision:
The City Council hereby approves Tentative Tract Map
Modification 85-03 and Minor Development Review 91-02 subject
to the following conditions:
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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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
the guest house shall never be leased or rented as a separate
living unit and no second kitchen shall ever be installed.
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 except in the
two turnaround areas.
3.
Roof tile and stucco colors
Department of Planning Services
permits.
6. School impact fees shall be paid at the time of issuance of
building permits.
5.
shall be approved by the
prior to issuance of building
7. 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.
8. Future grading of the hillside portions of the subject lot
shall be prohibited unless approved by City Council.
9. Self-generating water softeners are prohibited in accordance
with Chapter 13.04 of the Municipal Code.
10. Grading is to be limited to the driveway alignment and pads
for the residence, pool, and guest house.
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1608
Resolution No. P-91-44
Page 4
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. A grading plan for the development of the property shall be
submitted to the City's Engineering Services Department for
review and approval prior to 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, sewer lateral installation,
water service line installation, street construction
(including concrete curb, gutter, and sidewalk). Permit shall
be obtained prior to start of work.
Contact the Department of Engineering Services for payment of
water, drainage, sewer, traffic mitigation, and park fees
prior to building permit issuance.
3.
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 private
driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be
maintained with a spark arrester.
4.
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:
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1609
Resolution No. p-91-44
Page 5
Length:
Width:
*150' - 500'
16'
12' with sprinklers
70' Hammerhead
Turnarounds Required:
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*CUrves and
requirement
.accessway.
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topographical conditions
for turnarounds and
could
the
al ter the
width of
5. A residential "Life Safety" sprinkler system is required in
this residence due to the improper Fire Department access.
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 CONDITION:
Annex into the appropriate LMD. The property owner is to sign
an annexation paper prior to building permit issuance.
APPROVED and ADOPTED by the City Council of th City of Poway,
Il state of Celifocnia. thia i6th day of Jul Ji"i'
Ja Mayor
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1610
Resolution No. P-91-44
Page 6
STATE OF CALIFORNIA
55.
COUNTY OF SAN DIEGO
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-91-44 , was duly adopted by the City Council
at a meeting of said City Council held on the 16th day of ____
.Tulv , 1991, and that it was so adopted by the following
vote:
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES:
NONE
ABSTAIN: 'NONE
ABSENT: NONE
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Wahlsten,
Po ay
REPORT\TTM8503M.RES
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City Clerk