Covenant Regarding Real Property 1996-0133154
CITY CLERK
CITY OF POWAY
POBOX 7811
POWAY CA 82074-0788
)
)
)
)
)
)
) /
) \
)
)
)
)
1253
1~~~Al-l~~1-0!~~1~4AM
SAN DIEGOOtgJMf~LRftbn~~~,s OFFICE
GREGORY SMITH, COUHTY RECOROER
RF: 10.00 FEES: ZZ.OO
AF' 11. 00
MF: 1. 00
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No TI'lIn.fer Tax Due
(Thl. .pace for Record..... Uae)
COVENANT REGARDING REAL PROPERTY
George P. And Il6YeIty Andreos ("OWNERs. hereinafter) are the owners 01 real property described
In ExhIbIt A which Is aIIached hereto and made a part hereof and which Is commonly known as Assessor's
Parcel Number 32HI30-67 iPROPERTY" herelnafter). In consideration of the approval of Conditional use
Permil 95-08 by the Cky 01 Poway iCfTY" hereinafter), OWNERs hereby agree to abide by concIltlons of the
attached resolution (Exhibit B).
This Covenant shaH run with the land and be binding upon and Inure to the benefit 01 the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and asslgns of the
respective parties.
In the event that Condlllonal Use Permil 95-08 expires or Is rescinded by CIty Council at the request
of the OWNER, CITY shaH expunge this Covenant from the record title of the PROPERTY.
Dated: 3 - / <[ -1 j,
~
G ge 80S, WN R (Notarize)
Dated: ei'-/,j>-76
~~
CITY OF POWAY
Dated: ~-;n-7b
By:
ili~ t.Jy- d~~
CALIFORNIA ALL.PURPOl:t.: ACKNOWLEDGMENT
State of ~
County of cJJf..- A.~ ~
On /J1 Md / P: / 9 f & before me, r {: tL),//e
Date r Name and Tille of Officer (e 9 , "Jane Doe, Notary Public") ,
personally appeared c; eeiL<;(O I.. AN 0 ~ e oS ,4".Jj) ,gel! ~ltl.~ A,P )/L e(J~ '
, Name(s) of Slgner(s) ~
D personally known to me - OR - ~oved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized 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.
WITNESS my hand and official seal.
a -e~ ttJtfJ;C ,
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:
C 1994 National Notary Association. 6236 AemmetAve., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No, 5907
Reorder: Call Toll-Free 1-800-876-6827
1255
LEGAL DESCRIPTION
Parcel 4, in the County of San Diego, State of California, according to Page 4229 of
Parcel Maps, filed in the Office of the County Recorder of San Diego County, November
14, 1975.
EXHIBIT A
RESOLUTION NO. P-96-10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 95-08
ASSESSOR'S PARCEL NUMBER 321-030-67
1256
WHEREAS, Conditional Use Permit 95-08 submitted by George and Beverly
Andreos, Applicants, requests approval for an existing accessory apartment on the
property located at 14362 High Valley Road in the Rural Residential B zone; and
WHEREAS, on February 27, 1996, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section I: Environmental Findinos:
The City Council finds that this project is Categorically Exempt (Class 3)
from the California Environmental Quality Act.
Section 2: Findinos:
1. The approved project is consistent with the general plan in that an
accessory apartment is considered to be an accessory use for a
single family residence in the Rural Residential B zone.
2. That the approved development will not have adverse aesthetic,
health, safety, or architecturally related impacts upon adjoining
properties, in that the architectural design of the accessory
apartment is compatible with the primary dwelling.
3. That the approved development is in comp 1 i ance with the Zon i ng
Ordinance, in that it complies with the setbacks, structure height
limits, and all other property development standards of the RR-B
zone.
4. That the approved 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 developed as single family residences.
5. That there are public facilities and utilities available to service
the project.
6. That there will not be significant harmful effects upon
environmental quality and natural resources in that the accessory
apartment is considered an accessory use to a single-family
residence and conditions of approval for the project will mitigate
potential negative impacts.
EXHIBIT B
1257
Resolution No. P- 96-10
Page 2
Section 3: Citv Council DecisiQn:
The City Council hereby approves Conditional Use Permit 95-08 subject to
the following conditions:
1. 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.
2. The use conditionally granted by this permit shall not be conducted
in such a manner as to interfere wi th the reasonabl e use and
enjoyment of surrounding residential uses.
3. This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the
past year. If the permit is not in compliance with the conditions
of approval, or the Planning Services Department has received
complaints, the required annual review shall be set for a public
hearing before the City Council, to consider modification or
revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Site has been developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein
and per Minor Development Review 92-51 approved in December 1992.
2. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit finalization.
3. 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 finalization.
4. This approval shall become null and void if building permits are not
final ized for this project within two years from the date of project
approval.
5. Either the main residence or the accessory apartment shall be occupied by
the owner of the property at all times.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. The applicant shall pay the remaining $500 traffic .itigation fee due at
final bUilding occupancy.
1258
Resolution No. P- 96-10
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 27th day of February 1996.
ATTEST:
~~
000 ,,,,:,,,; - -- .
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
I _by certify, IHIdw "" 110MII';
of perjury/ that tho ~bo~ Alii!
foregoing Is . try. line! @OrM
l>>PY 01 Resolution No, L r ~ -/0 .
lls adopted by tho City COlln~H @,
Poway, Calilorni. on th. ;;J.. 7H
ijaYol~~/199"" ,
l MARJoRlf K. W AHLSTlN, ClfY CUM/(
Llit: mFr~ 1< J1v~~
\ ;
-../
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-96-10 , was duly adopted by the City Council at a meeting of said City Council
held on the 27th day of Februarv , 1996, and that it was so adopted
by the followrng-vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NONE
NONE
NONE
. k 71\.h.M t
y
E:\CITY\PLANNING\REPORT\~.RSl