Covenant Regarding Real Property 2003-0568667
; . 9262 DOC . 2003-0568667
, , R!=CORDINGREqUEST BY: ) MAY 15. 2003 10:03 AM
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CiTY OF POWAY .) . OFFICIAL RECORDS
) SAN, DIEGO COUNTY RECORDER'S OFFICE
WHEN REC0RDED MAIL TO: ) GREGORY J, SMITH. ClJUNTV RECORDER
FEES: 44.00
)
CITY'CLERK ) ,
I
", , " '" . 1111111"'"l1li1 III11~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~IIIIII
CITYOF POWAY )
PO.BOX 789 ) 2003-0568667
POWAY CA 92074-0789 )
)
P6 No TransferTax Due ) (This space for Recorder's Use)
\3F COVENANT REGARDING REAL PROPERTY
Icon Phillip Chenn, PROPERTY OWNER ("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 275-231-02 ("PROPERTY"
hereinafter). In consideration of tDe approval of CUP 91-05(M) and MDRA 92-64R, by
the City of Poway ("CITY" hereinafter), OWNER hereby'agrees to abide by conditions of
the attached resolution (Exhibit B).
This Covenant shall run with 'the land and be binding upon and inure to the
bElnefit of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that CUP 91"05(M) and MDRA92-64R expires or is rescinded by
City GoLincilatthe request oftl:1e OWNER, CITY shall expunge this Covenant from the
record title of the PROPERTY
In the event of litigC!tion to enforce the provisions cifthis Coven!'lnt, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party:
OWNER.
Dated: s/(,103 ~~ ~
, . By' '. '
(Notarize)
CITY OF POWAY
Dated.H- 7. () .3> By' ...dr.
Niall Fritz, Director of Dev
15a...\,-IQ
O?:rcfb
, "'" ., 9263 .
''(CALIFORNIA AL:L.PURPOSE ACKNOWLEDGMENT No. 5907
.'
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State of C
County of - O'Y\ D
On S \) '~'i\(\j L.
,
NAME, TITLE OF OFFICER E.G., "JANE DOE, NOTARY POBLlC"
personally appeared ~I{'v\
NAME(S) OF~si.GNER(S)
D personally known to me - OR "~Oved to me on the basis of satisfac!ory evidence
to be the person(-8') whose name(s-)- is/liffl
subscribed to the within instrument and ac-
knowledge,d to me that he/sheMey executed
the same in his/her/their authorized
1j~~l capacity(~, and that by his/hiWtt'teir
signature~) on the instrument the person(st,
- }lotaY pUb\lC - ea\lfolTlla ! or the entity upon behalf of which the
i' san DiegO counIY ~ person(S') acted; executed the instrument
i ~ _ ~.::,,:,m~~:,,:,l~
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SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SiGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIOUAL
D CORPORATE OFFICER
TITlE(S)
D PARTNER(S) D LIMITED
D GENERAL
o AITORNEY-IN-FACT NUMBER OF PAGES
D TRUSTEE(S)
D GUAROIAN/CONSERVATOR S'WO~
D OTHER:
DATE F D CUMENT
SIGNER IS REPRESENTING: ------>
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARYASSOCIATION.8236RemmeIAve. P.O. Box 7184' Canoga Park, CA'g1309-7{S4
. 9264, .
c.
,
'Exhibit "A"
~Ir ~hat certain reaT prope~ty situated in the CounW of San Diego, State of
C;:alifornia, described as folJo\NS;
A portion, of Lot 1, Section 3q, lio,ymship 13 South, Ra'ng,e 2 West, San
Ber[lardtno, Merl,cliari, in the County of San Diego, State of'Galifornia, bounded
and descrioed,as follows:
., Beginning at the pointof intersection of the Westerly Iii:l.e of said Lot, and the
Southedy line ()f the North 16.37 Acres of said Lot 1 ahdrunning thence North
i3019'East al()ngthe We~terlyline of said Lot 1,a distance of 240.17 feet
thence South 8900'9:2'0'; East; a distance of 252.70 fee.t;,thenc~ South 0050'40"
West, a distance of 234,50 feet" inoreorless, to a point in the Southerly line of
.,,"- . '-' '-..
, the North 16.37 Acres of sai8"Lot i, and thence N.orth 89009'20" West along said
Southerly linea distance of 304; 57 feet, more or lessi to the Point of'Beginnlng.
Excepting therefrom all that portion lying Southerly and Westerly of the following
desc~ibedline,;
CommencJng;.at'the NOrthwe~terlycorfner of Lot 1, Section 35, Township 13
South"Range,2 West, San Bemardiho Meridian, in the C9U}jtY of San Diego,
State of California; thence along th,e Westerly line of said, Lot 1 South 13015'55"
West 556.00 feet'to the "True Point of Beginning of said line; thence
Southeastedy a'long a line at right angles to the West~-rIY liheofsaid Lot 1, a
distance of 180',00 feet to a point; 'thence Southerly along a line parallel with, the
Westerly line of said Lot 1, t6 the Southerly line of the 'NO~th 16.37 Acres of said
Lot 1
Said line to terminate Westerly in the Westerly line Of said Lot 1 and Southerly'in
the Southerly line of'the North 16.37 Acres of said Lot 1
.Assessor's 'Parcel Number; it5~231-02-00
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. 9265 .
...J RESOLUTION NO P-,03c19
i A RESOLUTION OF THE CFTY COUNCIL
,
i OF THE CITY OF POvIJAY, CALiFORNIA
APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT 91-05(M)
AND MINOR DEVELOPMENT RE\lIEW92-64R
RESCINDING RESOLUTION NO P-91-46 AND RESOLUTION NO P-93-46
ASSESSOR'S PARCEL NUMBER 275-231-02
WHEREAS, CUP 91c05(I'\>D'and MDRA 92-64R, were submitted by Phillip Chenn,
Applicant.'forapproval to constructa2,206-square-foot..two-story additionand,a detached
two-car garage on the Pomerado Manor residential care facility property located at 16031
Pomerado Road within the Residential Single-Family-2(RS-2) zone; and
WHEREAS, on April 15,20,03, the City Council held aduly advertised public hearing
, " . ' , \. '." -".. . ~.
to consider the rnerits ofthe appeal request relative to this'application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1 The project is found to be Categorically Exempt under the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1
exemption, as it is an adaition.6f1essthan 2,500 square,feet to existing facilities.
Section.2: The findings, in accordance with Section 1748 ofthe Poway MunicipalCode
to approve the Modification to CUP 91-05(M) are.made as follows:
A. The proposed use is consistent with the General Plan in that it is a residential use
on aproperty designated fonesidential development.
B The location, size, design, and operating characteristics of the residential care
facility is compatible with and will not adversely affecfor be materially detrimental to
adjacent uses, residences, buildings, structures, or natural resources in that the
residential care facility has been in operation without complaint for approximately 10
years.
C The scale, bulk, coverage and density is consistent with the adjacent uses in that it
is a'resid.ential care facility for the elderly and the vehicular traffic is minimal in
relation to the /lumber of people that reside at the facility
D There are available public facilities, services, and utilities to serve the site.
E. Therewill notbe harmful effect upon desirable neighborhood characteristics in that
the residential care facility has been in operation without complaint to,the City for
approximately ,10 years.
1
EXHIBIT B 1
. 9266 .
Resolution No. P-03-19
Page 2
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j F. The generation of traffic will not adversely affect the surrounding streets and/or the
City Circulation Element in that the amount of vehicular traffic is not substantial
because the elderly residents will not be driving personal vehicles and generally the
residents have infrequent visitors.
G The site is suitable fort/;1e type and intensity'.ofthe use and development that is
proposed in thaHhe faciiity has operated without complaint for approximately 10
years and the project has been designed to comply with the development standards
for the RS-2 zone
H. There will not be significant harmful effectson.lhe environmental quality and natural
resources in that the site is completely developed and surrounded by existing
development.
I There are no other relevant negative impacts of the use that cannot be mitigated.
Section 3. The findings, in accordance with Section 17.52'ofthe Poway Municipal Code
to approve Minor Developmenf'Review 92-64R, are made as follows.
A. That the approved project is consistent with the General Plan as it proposes the
construction of an addition to, a residential facility on property that is designated for
I residential use. Therefore,theproposed use respects the interdependence of land
values and aesthetics to the benefit of the City; and
B Thatthe approved prbjectwill not have an adverse affect on the aesthetics, health,
safety, or architecturally related impact upon adjoining,properties, as the residential
care facility is consistent with'surrounding residentialdevelopment and the proposed
additions are consistent with the existing residential architecture. Therefore, the
proposed design, size, and scale of the proposed addition is compatible with and
will not adversely affect, or be materially detrimental to adjacent uses, residents,
buildings, structures, or natural resources; and
C That the granting of the Minor Development Review would not be materially
detrimental to the public health, safety, or welfare since the proposed use will
complete improvements as deemed necessary; and
D That the approved development encourages the orderly and harmonious
appearance of structures and property within. the City as the neighboring properties
consist of residential lots with similarly spaced home sites. Therefore, the proposed
development respects the public concerns for the aesthetics of development; and
E. That the. proposed use will not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity nor be contrary
to the adopted General Plan, and
. 9267 .
, Resolution No. P-03-19
~ Page 3
i F That the proposed development will comply with each of the applicable provisions
I of the Zoning Ordinance and the General Rli:m.
Section 4 The findings, pursuant to Government Code Section 66020 for the public
improvements, are needed asa result of the proposed development to protect the public
health, safety, and welfare are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the PowayGeneral Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project. The construction of public
improvements is needed as a result of the prop6sed development to protect the
public health, safety, and welfare as identified below.
1 The payment of additional sewer fees and traffic mitigation fees because of
the additional sewer demand and road impacts that will result from the
proposed developmerit.
Section 5. The City Council hereby approves the Modification to Conditional Use Permit
91-05(M) and Minor Development Review 92-64R, to allow the construction of a 2,206-
square-foot, two-story addition to an existing 4,522csquare-foot residential care facility
located at 16031 PomeradoHoad, and the addition of a detached two-car garage on plans
, dated March 27, 2003, subject to the following conditions:
;
A. Approval of this CUP request shall apply only to the subject project and 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 issuance.
B. Within 30 days of the date of this approval' (1) the applicant shall submit in writing
that all conditions of approval have been read arid understood, and, (2) the property
owners shall execute a Covenant on Real Property
C The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surr6unding uses.
D The conditions of CUP 91-05(M) shall remain .ineffect for the life of the subject
residential. care facility and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner
E. CUP 91~05(M)'may be, subject to annual review as determined by the Director of
Development Services for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year
F The maximum number of residents living at the residential care facility may not
exceed 1 ~i The facility shall be used as a residence for senior adults only
. 92'68 .
Resolution No. P-03-19
i Page 4
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i G A currehtcopy .,of thE:! residential care facility license from the State shall be
j submitted, arid kept current and on file in Planning Division office.
H In; effort, to insure adequate parking at the facility, the maximum number of
employees scheduled per shift at the facility shall not exceed 3
I Resolution Nos. P-91-46 and P"93-46 are hereby rescinded
J If grading isto exceed 50 cubic yards of earthwork, or if the cut is greater than 2 feet
in vertical depth and does create a cut slope steeper'than 2:1 (2 horizontal to 1
vertical) and the fill is more than l' foot in vertical depth then the applicanlshall apply
for a Grading Permit, and submit.a grading, plan forrev)ew and appr()val to the City
Development Services DeRartment. If the above c.9,n,cjitions do not apply, then the
applicant. shall provide a c;ertification from a State Registered Civil Engineer
indicating the quantity'of earthwork involved and pay a $500 inspection fee prior to
Building Permit issuance.
1 If a Grading Permit iscrequired, a grading planfor the developmer:lt of the lot,
prepared on a City ofiPoway standard'mylar;a.t a scale of 1" = 20' scale or
larger shall besutlmitted, along with a grading application and applicable
fees, to the Development Services Department, Engineering Division, for
review and approval. At a minimum, the grading plan shall reflect the
following:
a. Allnewslopeswith a maximum 2:1 (hori,zontal to vertical) slope. Tops
and toes. of graded slopes shall be shown with a minimum 5-foot
setback from open space areas and property lines. Buildings shall be
located afleast'5Jeet from tops and toesof'slopes, unless waived by
the Planning Division and/or Engineering 0ivision prior to issuance of
a (3rading Permit.
b Driveways, in compliance with the specifications provided in Section
17 08.170D ofthe Poway Municipal Code, and including minimum
structural sections together with their elevations and grades.
c. A separate erosion control plan for prevention of sediment runoff
during construction.
d. All utilities (proposed and existing), together with the appurtenances
and any easements. Encroachments are not permitted upon any
easement. without an approved encroachment agreement/permit.
e. Locations of all utility boxes, c1early,identified in coordination with the
respective utility companies, ,and approved by the City prior to any
. 9269 .
Resolution No. P-03-19
Page 5
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installation work. Screening of utility boxes shall be to the satisfaction
of the Directorof Development Services.
f Top of wall and bottom of wall elevations, at all locations, for any
proposed retaining walls. The maximum height of a retaining wall
cannot exceed 6 feet.
2. Submit a soils/geological report prepared by an engineer licensed by the
~ ,
State of California to perform such work. The report shall be submittedwith
the grading plan.
3. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing of all surface water within the project site, and all ~
surface water flowing onto the project site from adjacent lands. Large
concentrated runoffs over the driveway and'into the street shall be avoided.
4 If. a Grading 'perrilit is required, and to ensure sompliance with the Clean
Water,Act, the 'applicant shall prepare a Storm Water Pollution Prevention
Plan (SWPPP)that.effectively addresses the elimination of non-storm runoff
into the storm drain system or the natural stream. The SWPPP shall include,
but not be limited to, an effective method of hillside erosion and sediment
control, a material storage site, measures to protect construction material
, .
from being exposed to storm runoff, protection bf all storm drain inlets, onsite
concrete truck wash and waste control, and other means of Best
Management Practices to effectively eliminate pollutants from entering the
storm drain system. The applicant shall certify the SWPPP The SWPPP
shall be submitted with the grading plan.
5. If a Grading Permit is required, the applicant shall pay all applicable
engineering, plan checking, permit, and inspection fees. A grading plan
submittal checklist is available at the engiheering front counter
6 If a Grading Permit is required, grading securities in the form of a
performance bond and a cash deposit, or a letter of credit, shall be posted
with the City prior to grading plan approval. A minimum $2,000 cash security
is required,
7 Should there be a need for a new fire hydrant, the applicant shall provide to
the City the cost of preparing a water .system analysis to establish the
adequacy of the public water system. If improvements are required, the
applicant shall submit improvement plans for the new fire hydrant along with
plan check and inspection costs for approval by the Engineering Division.
. 9270 .
Resolution No. P-03-19
- Page 6
I 8. Prior to any rock blasting, a pre-bl~srslJrvey of the surrounding properties
I
I shall be conducted to the satisfaction of the Director of Development
Services, and. a Blasting Permit shall be obtained from the Engineering
Division. Seismic recordings shall be taken for all blasting. Blasting shall
occur only at locations and levels approved by the Director of Development
Services.
K. The applicant shall comply with the following conditions prior to issuance of the
Building Permit:
1 The site shall ,be developed in accordance with the approved site plans on
file in the Dev'elopment Services Department and the conditions contained
_ 'L,' , ..
herein. Grading 9flot!?shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the approved
soils report, and grading practices acceptable to the City The building plans
shall be consistent with the approved project plans.
2. Erosion and pollutant control shall be installed and maintained by the
developer throughout the duration of the construction period. A $2,000
erosion control cash 'security shall be posted with the City
3. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. At a minimum, all
protected areas as shown on the project plans are to be staked by a licensed
surveyor and delineated with lathe and ribbon. Awritten certification from the
engineer of work or alicensed surveyor shall be provided to the Engineering
Inspector stating that all protected areas are staked in accordance with the
approved project'plans.
4. The applicant shall attend a pre-constructio[1 meeting, at which time they
shall present an Actjon Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control
Compliance for erosion control can be provided' using one of the following
guidelines:
a. Provide an onsite desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
b. Cover all flat areas with approved mulch
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all flat areas prior to discharge, effectively creating a desiltation
basin from the pad.
. 9:271 .
. Resolution No. P-03-19
Page 7
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! 5. School impact fees shall be paid at the rate established at the time of
,
, Building Permit issliance. Please'contact the PowayUnified School District
,
for additional information at (858)748~0010, ex!. 2089
6. Water, sewer, .and fire, protection systems plans shall be designed and
constructed to meetthe requirements of the City of Poway
7 The maximum .height of any fence or wall shall not exceed 6 feet.
8. If a Grading Permit is required, rough ,grading of the lot is to be completed
and must meetthe approval of the City Inspector and shall include submittal
of the following:
a. Acertificationofline and grade, prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City
9 Prior to start of-any work within City"held easements or right-of-way, a Right-
of-Way Permit. shall be obtained from the, Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior to
permit issuance.
10 The following development fe'es shall be paid to the Engineering Services
Department prior to Building Permit issuance. These fees are currently in
effect and aresubjectto change,
Sewer $9A24 based on
Hi fixture units x 1 EDU per4 fixtures x $2,356 per EDU
Traffic Mitigation $742.50 based on
15 beds x 3 trips per bed = 45 trips; 45 trips x. 0.25 x
$66/trip
11 A minimum of 7 onsite parking spaces shall be provided. Standard sized
parking spaces shall have a minimum dimension of 18.5 feet'by 8 5 feet and
shall be double striped. Parking shall 'be provided in conformance ADA
standards.
L, The applicant shall comply with the following conditions prior to occupancy'
1 Driveways, drainage facilities, 'sl~pelandscaping and protection measures,
and utilities, shall be constructed, completed, and inspected by the
Engineering Inspector The,drivewayshall be constructed in accordance with
Pciway Municipal Code, Section 17.08 170D, and its structural section shall
be shown on the grading plan.
. 927'2 .
. Resolution No. P-03-19
--1 Page 8
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2. An adequate drainage system around the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector
3. All proposed utilities within the project site shall be installed underground.
4 Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16.52.130B cif the Grading Ordinance. Record drawings shall be submitted
in a manner tO'allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities.
5. The developer shall repair, to the satisfaction of the City Engineer, any, and
all damagestothe private'road improvements caused by construction activity
from this project.
6. If a GradingPermitwas required, record drawings, signed by the engineer of
work shall be submitted to Development Services prior to a request for
occupancy, per Section 16.52.120B of the Grading Ordinance. Record
drawings shall be submitted in a manner to allow the City adequate time for
review and approval prior to issuance of occupancy and release of grading
I securities.
M. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1 Roof covering shall be fire retardant as per UBC Section 1503 and 1504,
UBC Standard 15-2 and City of Poway Ordinance No 64 and its amended
Ordinance No. 526
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 Addresses
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.
Curves and topographical conditions could alter the requirements for
turnarounds and the width of access ways.
5 Fire sprinkler system shall be expanded to new portions of building (including
basement and detached garage). Plans mustbe submitted and approved by
the Fire Department priorto commencement of fire sprinkler work.
. 9273 .
Resolution No. P- 03-19
Page 9
6. Fire alarm systemshali beexpanded,to new portions of building. Plans must
be submitted and approved by the FireDepartment prior to installation of fire
alarm system.
7 Fire lanes shall be re-evaluated at time of architectural submittal.
8. If an electric gate is installed at the beginning of the driveway, a Knox
override key switch is to be provided
Section 6. This Conditional Use Permit 91-05(M) and Minor De~elopment Review
Application 94-64R shall expire on April15, 2005, at5:00 p.m. unless a Building Permithas
been issued and construCtion or use of the property in reliance on this permit has
commenced prior to its expiration.
.. ,
Section 7. Pursuant to Government Code Section 66020, the 90-day approval period in
which .the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on April 15, 2003
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 15th day of April 2003.
i
,
ATTEST
~W~
Sherrie D Worrell, Deputy City Clerk
. 927,4 .
Resolution No. P- 03-19
--' Page 10
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D Worrell, Deputy City Clerk of the City of Po way, doherebycertity, under
the penalty of perjury, that the Joregoing Resolution No P- 03-19 ,was duly adopted by
the City Council ata meeting of said City Council held on the 15th day of April 2003, and
that it was so adopted by the following vote:
AYES EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES NONE
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ABSTAIN: ~ NONE
ABSENT REX FORD
~OW
' i'~' rAJ1ij
Sherrie D Worrell, Deputy City Clerk
I City of Poway
.