Covenant Regarding Real Property 1990-550864
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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RECORDING REQUEST BY:
CITY OF POWAY
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(This space for Recorder's use)
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COVENANT REGARDING REAL PROPERTY
Michael E. Lasater and Melinda J. Lasater, husband and wife, as community
property ("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 278-210-15, located at 16222 Coyote Creek
Trail, Poway, California ("PROPERTY" hereinafter). In consideration of the
approval of Minor Development Review 90-11 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).
That in consideration of the permission granted by the City of Poway by the
approval of a building permit or a Minor Development Review to allow construc-
tion of a 595 square foot detached guest house and a 2,478 square foot attached
room addition does hereby covenant and agree to and with said The City of Poway,
a municipal corporation, that said guest house shall never be rented or leased
as a separate unit and no kitchen facilities 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 con-
veyed will contain a restriction limiting the use of the part or parcel so con-
veyed, 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
thi s agreement.
That if said agreement is violated at any
City of Poway to revoke permission for use as
Dated:
/()-3s-1u
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Dated:
Dated:
r-J I /990
By --;8.L~ WA-r - c;P~A
(No need to N arize)
STATE OF CALIFORNIA
COUNTY OF
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San Diego
OFFICIAL SEAL
MELISSA DAWN JOHNSON
Notary Publtc-caJnoml.
SAN DIEGO COUNTY
My Comm. Exp. June 24. 1991
ACKNDWlEDGMENT-GlIl1eral-Wolcolts Form 233CA-AII~_ 5.82
@1982WOLCOTTS,INC (price class 8-2j
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11268
On this 3rd day of October , in the year 199~,
before me, the undersigned, a Notary Public in and for said State, personally appeared
Michael E. Lasater and
Melmda J. Lasater
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person~ whose name~
subscribed to the within instrument, and acknowledged to me that ~heY-
executed It.
WITNESS my hand and official seal.
iJ269
.. PRELIMINARY REroRl'
PAGE NO. 6
,.
ux;AL DESCRIPTION
ORDER NO. 8907070-J
PARCEL A:
Parcel 2 of Parcel Map No. 4828, filed in the Office of the County Recorder
of San Diego County, June 17, 1976 as File No. 76-188186 of Official Records,
being a portion of the Southwest Quarter of Section 34, Township 13 south,
Range 1 West, San Bernardino Base and Meridian, in the County of San Diego,
state of California, a=rding to united states Goverrunent Survey, approved
November 19, 1880.
EXHIBIT A
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RESOLUTION NO. P- 90-28
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW 90-11
ASSESSOR'S PARCEL NUMBER 278-210-15
WHEREAS, Minor Development Review 90-11, submitted by Mike and Melinda
Lasater, applicants, request approval to construct a 595 square foot guest house
and a 2,478 square foot addition to an existing single-family residence for the
property located at 16222 Coyote Creek Trail in the RR-A zone; and
WHEREAS, on April 24, 1990, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
Thl s project 1 s categori ca lly exempt from Envi ronmentalReview under
Class J of the CEQA guidelines, new construction or conversion of small
structures.
Section 2: Findings:
1. That the proposed development is in conformance with the poway General
Plan in that the proposed use is an accessory structure and an addition
to an existing two story, single-family residence and the General Plan
designation is Rural Residential A which permits residential uses.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining prop-
erties, in that the grading design, building placement, construction
method, building materials, and elevations will be compatible with
surrounding properties. The proposed building materials for the addi-
tion will be architecturally compatible with the existing dwelling.
J. 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-A zone.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that all
surrounding properties are under the same zoning designation as the
subject lot and are to be developed as single-family residences similar
to the proposed project.
Section J: City Council Decision:
The City Council hereby approves Minor Development Review 90-11 subject to
the following conditions:
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11271
Resolution No. P- 90-28
Page 2
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 prop-
erty owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Prior to any use of the project site being commenced thereon, all conditions
of approval contained herein shall be completed.
2. The site shall be developed in accordance with the approved site plans on
file in the Planning Services Department.
3. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbin9 Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
4. 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.
5. The appropriate Building Department approvals shall be received prior to
initiation of construction.
6. School impact fees shall be paid at the time of issuance of Building
Permits.
7. All new and existing utilities shall be underground. Undergrounding shall
be completed prior to certification of occupancy or the applicant shall file
a waiver of the requirement to underground utilities with the Planning Services
Department prior to building permit issuance.
8. Prior to issuance of building permits, a landscaping plan for all slopes
(proposed and existing) in excess of five feet shall be submitted to the
Planning Department. The planting plan shall include drought tolerant, fire
resistant transitional plantings as described on page 20 of the City of
Poway's 1988 Landscape Standards. Landscaping shall be installed prior to
certification of occupancy.
9. The detached guest house shall never be rented or leased as a separate unit
and no kitchen facilities shall ever be installed. A deed covenant stating
these limitations shall be recorded with the County Recorder prior to
.issuance of building permits.
10. Per Section 17.08.180 of the poway Zoning Development Code, the driveway
must be paved where the slope is ten percent or greater and constructed of
six inch Portland Concrete where the slope is 15 percent or greater. The
applicant shall provide a site plan detailing the variations in .the slope
for the driveway to the Planning Services prior to issuance of building per-
mits.
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11272
Resolution No. P- 90-28
Page 3
11. Future grading of the hillside portions of the subject lot shall be prohib-
ited unless approved by City Council.
12. The large rock outcropping located behind the house shall be preserved and
remain in an undisturbed state.
13. Section 17.08.220 of the Zoning Code establishes a freestanding fence or
wall shall not exceed six feet in height. The proposed retaining wall shall
not exceed six feet in height.
14. Self-generating water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
15. This permit shall become null and void on April 24, 1992 if building per-
mits have not been issued.
APPLICANT SHAll CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOllOWING CONDITIONS:
1. A gradin9 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. 0
2. A private road construction and maintenance agreement for the private roads
from the subject property to the nearest publicly maintained road (Highway
67), in a form satisfactory to the City Attorney, shall be executed by the
owner andfor developer prior to building permit issuance. Said agreement is
to comply with Ordinance No. 280, City Code Section 12.20.060.
3. The applicant shall obtain from the County of San Diego Department of Health
approval to utilize the existin9 residential sewage disposal system. If
expansion of the existing septic system is required, the applicant shall
submit the layout to the City of Poway Engineering Services Department for
review and approval by the City Engineer prior to obtaining a septic system
installation permit from the County Health Department.
4. The applicant shall contribute its pro-rata share for the future improvement
to Coyote Creek Trail, Running Oeer Trail, and Mina de Oro Road, or appli-
cant shall agree to pay pro-rata share of future improvements and not oppose
formation of any assesssment district to assist with the financing of these
improvements. Payment of said share in the amount of $2,131 shall be paid
to the City's Engineering Services Department prior to issuance of a
building permit.
5. The applicant shall contact Engineering Services Oepartment for payment of
water, sewer, drainage, traffic mitigation, and park fees prior to building
permit issuance.
11213
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Resolution No. P-90-28
Page 4
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Roof covering shall meet Class A fire retardant testin9 as specified in th~
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 will
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:
Length:
Turnarounds Required:
*150' - 500'
70' Oiameter Cul-de-sac
60' Harrmerhead
*Curves and topographical conditions could alter the requirements for turn-
arounds and the width of accessways.
5. The standby water tank used for fire fighting will have to be enlarged or
suitable alternative provided to meet the increased demand of fire flow for
the additional square footage.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 24th day of April, 1990.
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Don Higginson, ayor
ATTEST:
ity Clerk
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112 '14
Resolution No. p_ 90-28
Page 5
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. 90-28 , was
duly adopted by the City Council at a meeting of said City Council held on the
24th-day of April , I990, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RfR-4-24.5-9
BRANNON, EMERY, GOLOSMITH, KRUSE, HIGGINSON
NONE
NONE
NONE
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MarJorie K. Wahlsten, City Clerk
City of poway