Covenant Regarding Real Property 1996-0243909
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CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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DOC # 1996-0243909
14-MAY-1996 08=42 AM
521 OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECORDER
RF: 12.00 FEES: 28.00
AF: 15.00
MF: 1. 00
(ThIs space for Recorder's Use)
RECORl:>ING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Chaur-Yang and Chlng-Chlng lien Cheng iOWNERs' hereinafter) are the owners of real property
descrlbed In ExhIbII: A which Is attached hereto and made e part hereof and which Is commonly known as
Assessor's Parcel Number 314-370-26 iPROPERTY" hereinafter). In consideration of the approval 01
Variance ~ and Minor Development Revlew 96-14 by the City of Poway iCilY" hereinafter), OWNERs
hereby agrees to abide by conditions of the attached resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and IolM'e to the benefit of the Mure
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Variance ~ and Minor Development Revlew 96-14 expires or Is rescinded by
CIty CouncU at the request of the OWNERs, CITY shall expunge this Covenant from the record title of the
PROPERTY.
In the event oflltlgatlon to enforce the provisions of this Covenant, the prevaUlng party shall be
entitled to full reimbursement of all costs, including reasonable attorneys' f-. from the other party.
Dated:
S-(O-'1tf
Dated:
<..:L /0- /6'
~~ ~L
c::..... . .- C? - 0&
Chln log U Che"g, OWNER (N~e)
CITY OF POWAY
Dated: 0-:f.J\.J2. .) 3: /99~
By:
~. tJ7{J -.d~
CAUFORNIA ALL.PURPOSE ACKNOWLEDGMENT
e, A\-' r,
County of 3 [\ (\J \J I. -e S ()
On S.- \D -CjC, before me, .fY\
personally appeare:"~l^, (\ \,) f\i\JG *
Name(s)ofSigner(s)
D personally known to me - OR - ~ved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/a@)ubscribed to the.Jl1tQin instrument
and acknowledg~me that he/sh~xecuted the
same in his/her~thorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
522
State of
c l,- de....\...- t: \{ e.. r .s crvV
Michele L. Evorson.,
Comm. 11 C~:;'J.~~ f,
ARYPU!:LlC - C:.=-:. :JRNU,'.;
SA..'.! CIcCO CO~;'TY (;
Comm. Exp. March 17, 2000""
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WITNESS my hand and official seal.
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Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
@1994National Notary Association. 8236 AemmetAve., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll.Free 1-800-876-6827
523
LEGAL DESCRIPTION
SCHEDULE A
PART I I
5. THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 2, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY, APPROVED APRIL 22, 1876, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OR SAID SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE SOUTHERLY ALONG
THE WEST LINE THEREOF, 625.18 FEET; THENCE SOUTH 88'09' EAST,
110.50 FEET TO THE WESTERLY LINE OF THAT 60.00 FOOT ROAD KNOWN
AS POMERADO ROAD (FORMERLY COUNTY HIGHWAY ROUTE 3, DIVISION 1;
THENCE CONTINUING SOUTH 88'09' EAST, 30.00 FEET MORE OR LESS, TO
THE CENTERLINE OF SAID POMERADO ROAD; THENCE ALONG THE SAID
CENTER LINE NORTHERLY TO AN INTERSECTION WITH THE NORTH LINE OF
SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
2; THENCE ALONG THE SAID NORTH LINE, NORTH 88'09' 1192.54 FEET,
MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THE SOUTH 469.59 FEET THEREOF.
ALSO EXCEPTING THEREFROM, THE WEST 559.00 FEET THEREOF.
EXIHIBIT A
RESOLUTION NO. p- 96-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 96-03 and MORA 96-14
ASSESSOR'S PARCEL NUMBER 314-370-26
524
WHEREAS, Variance 96-03 and Minor Development Review 96-14 ~ubmitted by
Chaur and Ching Cheng, applicants, request a variance to allow the construction
of a 2,326 square foot two story addition to encroach 10 feet into the required
20 foot side yard setback. The subject property is located at 15154 Pomerado
Road within the Rural Residential C (RR-C) zone.
WHEREAS, on April 23, 1996, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental FindinQs:
The City Council finds that Variance 96-03and Minor Development Review 96-
14 are exempt from the provisions of the California Environmental Quality
Act, Categori ca 1 Exempt i on C1 ass 5 , a mi nor a lterat i on to 1 and use
limitations and Class 1, the construction of an addition onto a single
family residence.
Section 2: FindinQs:
1. The approved project is consistent with the General Plan in that it
involves construction of an addition onto a single family residence,
on a site which is designated for residential use.
2. That there are special circumstances applicable to the property, and
because of this, the strict app1 ication of the Zoning Ordinance
deprives the property of privileges enjoyed by other properties in
the vicinity under identical zoning classification.
The special circumstances include the facts that the lot is steeply
sloped and it is long and narrow in shape. Development is therefore
limited where it can occur on the site.
3. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zoning for which the
variance is sought in that other estate sized lots in the area have
been developed with similar sized residences.
4. That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, or
injurious to the property or improvements in such vicinity and zone
in which the property is located in that the encroachment will not
result in a decrease in privacy on adjoining lots in that the lots
are vacant and over two acres in size which will allow greater area
between residences.
EXHIBIT B
525
Resolution No. P-96-24
Page 2
5. That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zone in that other lots have been developed with
similar sized single family homes.
6. That the granting of thi s variance does not all ow the use or
activity which is not otherwise expressly authorized by zoning
development regulations governing the parcel or property in that a
single family residence is a permitted use in the Rural Residential
C (RR-C) zone.
7. That the approved project will not have an adverse aesthetic,
health, safety, or architecturally rel ated impact upon adjoining
properties in that the design of the remodeled and enlarged
residence complies with City design standards for residential
properties.
8. That the approved project encourages the orderly and harmonious
appearance of structures and property within the City in that the
existing residence will be redesigned to harmoniously incorporate
the size and style of the addition.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 96-03 and Minor Development
Review 96-14 subject to the following conditions:
1. Within 3D 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. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this requires shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect a
the time of building permit issuance.
4. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
5. The appropriate Building Department approvals and fees shall be received
prior to the start of construction.
Resolution No. P-96-24
Page 3
6. All existing on-site utility poles shall be removed and all new utilities
shall be installed underground. Please contact SDG&E Planning Division.
Completion of under grounding shall be accomplished prior to issuance of
Certificate of Occupancy.
526
7. Low flow plumbing is required in all new construction.
8. School fees shall be paid at the established rate.
9. All created slopes of 5:1 or greater shall be landscaped and a permanent
low-volume irrigation system shall be installed prior to final occupancy.
10. This approval shall become null and void if building permits have not been
issued on the project by April 23, 1998.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. The applicant shall pay a $500.00 inspection fee to the City's Engineering
Services Department prior to building permit issuance. Such fee is to be
used to pay for City Inspector's time in making necessary inspections of
the project site that are required prior to issuance of said building
permit and/or Certificate of Occupancy.
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 limited to construction of driveway approach, sewer lateral
installation, water service line installation, and street construction.
3. The applicant shall provide proof that the house addition will not lie
within the SDG&E easement as indicated on File No. 77-3296Dl recorded
August 7, 1979 in the San Diego County Recorder's Office prior to building
permit issuance.
ADDITIONAL COMMENTS
If the Fire Department requires the house to be sprinklered, it will be necessary
to upgrade the existing meter to a I" meter. The charge for this i~ $140.00.
COMPLIANCE WITH THE FDLLOWING CONDITIONS IS REQUIRED. CDMPLIANCE SHALL BE
APPRDVED BY THE DEPARTMENT OF SAFETY SERVICES.
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 #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 may
be required at private driveway entrances.
3. Each chimney used in conjunction with any fire place shall be maintained
with a spark arrester.
Resolution No. P-96-24
Page 4
4. 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 16' of unobstructed width, with adequate roadway
turning radius capable of supporting the imposed loads of fire apparatus
and 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.
REOUIREMENTS FOR DEAD-END l LOOPED ACCESS WAYS
527
LENGTH
*150'-500'
!UIITH
2D'
TURNAROUNDS REOUIRED
70' Diameter Cul-de-Sac
70' Hammerhead
* Curves and topographical conditions could alter the requirements for
turnarounds and the width of ACCESS WAYS.
6. The access roadway shall be extended to within ISO' 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. This dwelling is being built on a parcel size of 2.11 acre(s) and is
beyond 500 feet maximum from the nearest fire hydrant. The dwelling will
have to have standby water for firefighting and a residential sprinkler
system. Contact the Fire Prevention Bureau for details.
8. A residential fire sprinkler system with a one inch meter will be
required. Plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation. (If a one inch lateral off the street main
is currently not present, one will have to be installed).
9. Provide a Knox security key lock and/or box to be located on building,
required by the Poway Fire Department.
10. Existing driveway width is only 8' - A minimum driveway width of 12' in a
sprinklered residence will be required.
11. The existing electric gate does not have a Knox override key receptacle -
one will have to be purchased through the Fire Department.
12. The minimum acceptable width of an electric gate is 12'.
13. The entire structure (new l existing) will require a residential fire
sprinkler system.
14. An appropriate sized water tank with pump will be required to supply the
fire sprinkler system.
528
Resolution No.P-96-24
Page 5
15. If a tank 15 not provided as a source of water for the Fire Sprinkler
system, the water meter and lateral will need to be increased to I" in
size.
ATTEST:
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 23rd day of April , 1996.
r-2l~
,JD W' M
on 1991nson,
I ere!;y cerlify, under the penally
Clf perjury, that the above and
foregoing is a true and correct
copy of Resolution NoP- '1'6 -.;1,'/ ,
as adopted by the City Councd of
Poway, Calilornia on the ;I, Ba.(
day of ap'4 , 19~.
MARJORIE K, W AHLSTEN, CITY CLERK
k 0IlcvjJ, c..:
Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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) SS.
)
'}\J~t:.
I, Marjorie K. Wahlsten, City Clerk of the City of Pow do hereby
certify, under the penalty of perjury,. that the foregoing Resolution No. P-96-24
, was duly adopted by the City Council at a meeting of said City Council
held on the 23rd day of April , 1996, and that it was so adopted by
the following vote:
AYES: CAFAGNA, CALLERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT:
EMERY
k tV o..-u G:--
Marjo~ie K. Wahlsten, City Clerk
City 0 P way
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