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Covenant Regarding Real Property 1991-0410603 RECORDING REQUEST BY: 1602 CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) (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 ~ .~ Dated: i"?\~J /ffl t7 f Dated: 9.(fI~/Jff/ CITY OF POWAY By iliA , ~~-~Anft , (No need to tariz) - v{ cte r\. " ,~ U!' 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 * * * * * * * * * * * * * * ~ * * * ' Stat!! of C'/l"LIF7JRAJ;A- * ) * County of SffiI/ /;/1:::(;0) SS. * * * * * * * * * * * * OFftClAl SEAL KATHY M. ANDREW NOTARY PIl8llC. CALIFORNIA PRINCIPAL OFFICE tN RIVERSIDE COUNTY My tonI1lIi..... up, ,\q. 30, 1991 1604 ." . * * * * * * * * * * i * * * * * * * * * * * * * * * * * * On this the 1St-day of /hAtRUSr 19~, before me, : ~ JI/PTHC/ frI, fiN i),f GlzJ~ the udersigned Notary Public, personnally appeared ~ J ernv (J/ e .s I/. ( /() Ahcf L '* * * * * * * * [] personally known to me r,KP proved to me on the basis of satisfactory evidence to * 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 * offi cia 1 seal. * * * * * Notary' * * * * * * * * * * * * * * * * * * * * * * PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * * State of /17. clAvA/ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *. * * * * * CORPORATE ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of * * County of * * * * * * * * * * * * ) ) SS. * On this the ____day of 19 before me, * * * * * * * * * 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. * * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E L fi' l..... 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 ~ ,',' ~~::' 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. L 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. fii~'.'.' V;;/ 5. That the proposed development encourages the orderly and harmonious appearance of structures and property within 1 \. E l~ L I'i'i':<, [~~\{ ('::::. l 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. r; b l [:.:,:.:.:.: ["'" I....... 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: E,"~' t~ 1609 Resolution No. p-91-44 Page 5 Length: Width: *150' - 500' 16' 12' with sprinklers 70' Hammerhead Turnarounds Required: .. *CUrves and requirement .accessway. - ..~ 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 1,',';,','.- ~#% l". ATTEST: r.~,' ~ ~l L t':':':':':': f~?/:~ ! 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 l'h k11J Wahlsten, Po ay REPORT\TTM8503M.RES t City Clerk