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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 In the event that Condlllonal Use Permil 95-08 expires or Is rescinded by CIty Council at the request of the OWNER, CITY shaH expunge this Covenant from the record title of the PROPERTY.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