Covenant Regarding Real Property 2001-0696260
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, . DOC. 2001-0696260
RECORDING REQUEST BY: )
) SEP 27, 2001 8:27 AM
CITY OFPOWAY )
) 5394 OFFICIAL RECORDS
WHF:N RECORDED MAIL TO: ) SAN,DIEGO ClIJNTY,RECORDER'S OFFICE
) GREGORYJ. SMITH, COtiNTYRECORDER
CITY CLERK ) FEES: 37.00
CITY OF POWAY )'-1 II IIII IIIIIIII~
POBOX 789 l I
POWAY CA 92074-0789
) 200) '0~9~260 _______1
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Country Ridge Estates, LLC, a California Limited Liability Company and Tim J, Cannole, an unmarried
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man, are the owners ("OWNER" hereinafter) of real property described in Exhibit "A"; >ybich i,s <3ttached beret()
and made a part hereof and which is commonly known as A~sessor's Parcel Number 321-03)-29 ("PROPERTY
hereinafter), OWNERhereby agrees to abide by conditions of the attached Resolution (Exhibit "B'}
In consideration of, the approval, by the City of Poway("CITY" herein?fter)'of Minor Development Review
Application (MDRA) 99,106 to construct-a'detached 1,750 square-foot barn/workshop, OWNER hereby.agrees
that no portion of the structure shall ever be rented or leasedas'a .separate.unit. no kitchen facililies shall ever
be:installed, and no commercial use'sh'all be conducted from the premises in accordance with poway Municipal
Code Section 17,28, Home Occupations,
This Covenant shall run with the land and be binding upon and inure to,the benefit of the future owners,
encumbrances, successors, heirs. personal representatives, transferees and assigns ofthe respective parties,
In the event that MDRA 99c106 expires or is rescinded by Ci,ty Council at the request of the OWNER,
the CITY shall expunge this Covenant from the record title of the PROPERTY
In the event of litigation to.enforce the provisions of this Cove~ant" the prevailing party shall be entitled
to full reimbursement 01811 costs. inCluding reasonable attorneys' fees. from the other party
Country Ridge Estates, LLC.
Dated: <fir 1'/0 ( BY '7r r1 .-f. COt-J/JOLb
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CITY OFPOWAY
Dated: ~1rt4, By'
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CALIFORNiA ALL.PURP.E ACKNOWLEDGMENT .
'. 5395
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State of
County of ,')M D\t"So
On ~'pi-- I&' I ~00' before me. S~etl,-e. D; \Doer/?l\. Nota.r';;( ~\LG
0", , C N,m, eo' T,", 01 0"',,, (',g" Jeo, Do'. No"~ PO'h,')
personally appeared "'.IV, -:S. o(\('\l)le
Name(s) of Signer(s)
o ~er88A6.II) Im8"'~ tg FAe OR - 1Sproved to me on the basis of satisfactory eVidence to be the personyl
whose name(~_ subscribed to the within instrument
and acknowledged to me that~/9fteffltey executed the
I A - - - - - - - - - ~ same ink!1]l/~r authorizedcapaclty(~, and that by
_. ~~~=. _'"'g'''''"''' gO ,", '",'rom,", .,,'.00)<'
l' Nolay Public _ Colif<inla I or the entity upon behalf of which the person(!'() acted,
I Son Diego County ~ executed the instrument,
My Comm, Elcpi'es J"" 3l.2lXXl
- - - - - - - - - - - - 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: Co~eno..rrr
Document Date: 91j(\ 0\ Number of Pages: JO
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
Title(s), Title(s):
o Partner - 0 Limited 0 General o Partner- 0 Limited 0 General
o Attorney-in-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' Tup of thumb here o Other' Top of Ihunib here
Signer Is Representing: Signer Is Representing:
10 1994 National Notary Association' 8236 Remmel Aile., P.Q, Box 7164' Canoga Park. CA 91309-7"164 Prod. No, 5907 Reorder. Cail TolI_Free"1_800_876.6827
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EXHIBIT A 539.6
LEGAL DESCRIPTION
Parcel 3 of Parcel Map No. 17914, in the City of Poway, County of San Diego,
State of California, filed in'the Office of the County Recorder of San Diego County, on
September 23, 1997, as File/Page No 1997-0468986 of official records
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r:. EXHIBIT"B"
5'3:97
RESOLUTION NO p" 99 - 8 4
AHESOqJTIONOF THEGITY COUNCIL
OF THE:GITY OF POVVAY, CALIFORNIA
APPROVING HILLSToE/RIDGELlNE MINORDEVELOPMENT REVIEW 99-106
, , ASSESSOR'S PARCEL NUMI?ERt32,1-031-29
WHEREAS, Hillside/RiClgelineMinor Development Revie,w 99" 106, submitted by Tim
Connole, applic-ant; requests approval to construct a 5,250 square foot single ,story
residence and a. 1. 750 square'foot detached barn/workshop on a vacant3.09 acre property
located aUne easterlyterrnJnus qf'Orthara View Lane (Lot30fparcelMap 17914) within
the High Valley Rural Resid~f}tLal B zone; and
WHEREAS" ,py~~uant tO'Govemment Code Section 66020(d)(1 )" NOTICE IS
FURTHER GI:VENttiatth_e,gO~day'pefiodto protest the imposition of any fee,.dedication,
reservation, oroth,er exaction,describe_d in this resolutioh begins on the effective date of
this resolution:and any,suchprot?st,must be in a marinerthat:tomplieswith Section 66020;
and
WHEREAS, on "November 30, 1999. the City Council held a hearing to solicit
comments from the public, both pro and con, relative tothis'application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
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Section 1. Environment~1 Fiiidirlas:
The project is, found to be Categorically Exempt, Class 3. under the provisions of the
California Environmental Quality,Act in thatit is the development of aresidence.
Section 2: Findinas:
1 Thalthe,approved project isconsisterit with th? General:Planin that it proposes the
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constructiOn o(asihglefamily residence on property that is designated for rural
residential use.
2. That the approved proje,Ct will not have an: adver~eaesthetic, health, safety or
architecturally'related,:impact upon adjoining properties in that the residence has
bee,n designed. to comply with 'City development and zoning requirements. The
proj~ct iSialso required to obtain the necessary grading and building permits prior
to development.
3 Thatfheapproved deveiopment is in compliance with the zoning and grading
ordinances'in'that it complies'with the property,development standards of the RR-B
zone.
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53,98 Resolution No. P-99-84
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4. That ,the approved development encourages the orderly and harmonious
appearance of structures and propertY within the City in that'the surrounding
properties consist of large rural residential lots with widely spaced hillside
homesites.
Section 3': _ CitvCouncil Decision:
The City Council hereby approves Minor Development Review 99-106 subject to the
following ,conditions:
Within 30 days ,of approval the' applicantshall submit in ,writing that all conditions of
approval have been read~and understood.
COMPLIANCE WiTH THE FOl,!-OWING CONDITIONS IS REQUIRED, COMPLIANCE
SHALL BE-APPROVED BY THE,DEPARTMENT OF DEVELOPMENT SERVICES.
A) C,ompliance with the following conditions is required prior to issuance of the
grading permit:
1 Revised site plans and building elevations incorporating all conditions of
approval shall besubmitled to the Development Services Department prior
to issuance'of grading and building permit~., The'detached barn/workshop
shall be single story The floor plan shall' beorevised to delete the staircase.
2. In accordance with PowayGeneral Planl:!iIIsideDevelopment strategies, the
maximum amount,of grading on the site:shall not exceed 35,000 square feet
in area.
3. The project will 'impact coastal sage scrub through brush management
requirements and, possibly with water line 'improvements. The required
mitigation or replacement ratio for the, brush management impacts to onsite
habitat is 2:1 .IUt is,determined'thattheproj\,!ct water line improvements will
impact natural habitat, abiological reconnaissance shall be completed and
mitigation'of said waterlineimprovementimpactsshall be in,accordancewith
the PowayHabitat Plan. 'Grading or brush'clearing in habitat areas shall not
occur during the period of February 15 through August 15 which is the
nesting season for the CaliforhiaGnatcatcher
4 In accordance with, the City of Poway:Landscape Gtiideiines, the applicant
shallsubmit a'brushmanagementplan for reviewiana approval by the Safety
Services and Development Services Departments.
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53-9,9 Resolution No P- 99 - 8 4
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5. A grading plan bya registered Cjvil Ehginf?er for the devel()pmentof the
property shall be submitted to the City's EngineE1ril'lg Divisjon for review and
approval. The grading plan shall show the driveway'elevations'and,grades,
The driveways shall comply with the'specifications provided in Section
17 .08.170DofthePoway Municipal Code, The grading plan shall also show
the minimum structural sections of the driveways. The grading plan shall
include an erosion control plan prepared by the engineer of work under a
separate cover.
6. A soils investigation report shall be submitted with the grading plan.
7 A drainage study using the 100-yearstorm frequency criteria shall be
submitledwiththegrading plan. A drainage system capable of handling and
disposing all surface:water within the project, andJiowihg onto the property,
will be required. C()ncentratedflow over the driveways greater ttlan three
(3) tubic'feet per second will not be permitted.
8. All applicableengirieering, permit, and Inspection fees shall be paid.
9 Grading securitiesirHheform of a pertonnal]ce bond and a cash deposit or
a letter of credit shall be posted.
10 A Storm Water pollution Prevention Plan incorporating Best Management
Practices forthe prevention of hazardous, m~terial runoff into the storm
system, or any watercourse/drainage way shall be submitted and approved.
B) Compliance with the following is required during the grading and
construction:
11 Grading ot'ihe property shall be performed in accordance with the Uniform
Building Code; thePoway'Grading Ordinance, the approved grading plan,
the soils report"and accepted grading practices.
12. Erosion control measures shall be provided for all operations. The work shall
be in accordance with the erosion control plan and other additional
measures as required by the inspector. The developer shall maintain all
erosion contr91 devices 'throughoLit their intended life.
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.. 5400 Resolution No. P- 99-84
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C) Compliance'withthe'following conditions is required prior to issuance of the
buildirig:permit:
" 13. The applicant.shall'comply with,the latest adopted Uniform Building Code,
Uniform Mechanical. Code. Uniform Plumbing Code; National EleCtric Code,
Uniform Fire,Code,,'andlall other applk:able:codes and ordinances in effect
at the time of building permit issuance.
14 Payment oftheAffordable Housing In-Lieu Fee in' the amount of $4,500
15 Provideprodf to the' Planning Division of payment of school fees to the
Poway Unified School District.
16 Rough gradingoftlie site must be completed, and shall meet the City
Inspector's approval.
17 A certification of'Jihe aM grade, preparecj byth'eengineer of work, srall be
submitted. The cettificate shall follow,the staiidard Cityof Poway format.
18 A final compaction report shall be submittE;Jd and approved.
19 The following, development fees shallbe,p,aid, These fees are currently in
effect andare,subjectto change witnoufnotice:
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Water "
Meter,Size Cost: EXDansion Fee' ,SDCWA Fee" Service
3/4-inch $130 $3,710 $1,871 $1,350
'1-inch ~270 $6,678 $2,994 $1 ,430
, If required,fcir,fire,safety
"Applicable only towater meter fordomestic'use.
Traffic Mitiaation = $ 990
Park = $2,720
Orainaae = $1.,570
20 A leach field layout for the residential. sewage disposal system shall be
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submitted to the Engineering Division for .review and approval. A septic
permit from the San Diego County,Health,.Department is required. If a septic
system installation permit was obtained without 'a City approved layout, one
shall be subrnitted prior to installation ofihele'ach lines.
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Page 5
21 The applicant shall' provide to the 6ityan executed copy of a road
construction and maintenance agreement for Golden Sunset Lane and
Orchard ViewLane.
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0) Compliance with the following is required prior to issuance of a Certificate of
Occupancyfortt1e~jjew Ilouse:
22. The driveway and all drainage improvements shall be completed arid
inspected bytheE[lgineering Inspector
23. All manufactured slopes greater than a 5>1 :slope shall be planted and
irrigated.
24 The impro~ed width of the Orchard View'Ume cul'-de-sac ex<::eeds City
standards. T:he subject re~idence is shown on the project grading/siteplan
as observing the'required 20-foot stret:l!side,.yilrd'setbackas measured from
the propose'(j reduced cul~de-sac right-ofi-WilY The excess cul-de-sac street
right"of~way shall be vacated prior to grantof fincll occupancy
25 Prior to issuance of,Certificate of Occupancy; the developer shall repair the
existing private roads between Espola ROllgand the project site, due to
damages asa:resultof construction, to the satisfaction of the City Engineer
26 T:hedriveways and other site improvements shall be completed and
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inspected by the Engineering Inspector.
27 An as"built record drawing shall be submitted to the Engineering Division.for
review and approval.
28. 'Prior to occupancy all proposed utilities within the project site shall ,De
installed underground.
29 All proposed and existing utilities, together, with appurtenances and the
,associated easements, shall beshown,and called out onthegrading plan.
,No encroachments are permitted upon any; of the easements without an
approved encroachment agreement or permit:
30 Improvementplans for the water lines shall be prepared.on standard sheets
of mylar by ategistered civil engineeranil submitted for approval to the
Director of Development Services. Plan 'check and inspection fees shall be
paid ,by the developer
31 Record drawings, sighed bY theerigineer of work, shall beslibmittedto
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5402 Resoluti~m No. P- 99 - 8'4
Page 6
Development Services' prior to a request of occupancy, per Section
16.52.130!? ofthe,graalng ordinance. Retorddrawings shall be submhted
in a mannerto allo\y the CitY adequate'timeJor review and approval priorto
issuance ofoqcupancyand release of grading securities.
E) M iscellaneous ,~ecjilirl:!ments:
32. Low volume plutnbing fixtures and lowWgltElrusage irrigation shall be
installed ,within the new residence and its,s'urrolmding landscaping
33 Due to the need for a Dew fire hydrant,. a w?!er system analysis shall be
prepared:to.establish the,proper size and location of the public water system.
Applicant shall pay to the City the cost of preparing the analysis prior to
submittals. Improvement plans shall be, submitted for approval by the
Engineering Division. Plan check and 'inspection costs shall be paid by the
developer
34 Aright-of-way permit shall be obtained from the Engineering Division for any
work within the public right-of-way The permitjshallbe obtained prior to start
of work and all appficable permit fees shall be paid prior to permit issuance.
35 Future grading ohhis hillside lot shall be prohibited.
36 The maximum height of any freestanding fence or wall or any combination
thereof shall [Iotexteed six feet.
37 This approval shall become null and void if building permits' are notissued
for this proji:lctloiiithintwo years from the date of project approval.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHAL_L.BE~PPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
38. Roof covering shall meet Class A fire-retardant testing as specifiE!d in ,the
Uniform Buildin!;f Standards No. 32,,7 for fire retardant roof covering
materials, per City of Po way Ordinarice #64
39 Approved n'umbers 'or addresses shall be placed on the bLJiiding irisllch a
position as totJe plainly visible ahg legitJle from the street froriting the
property Said nufubers !')hall contrast with theit'background. The address
will be required at all private driveway entrances.
40 Each chimney used in conjunction with any fireplace,shall be maintained with
a 'spark arrester
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5403' Resolution No. P- 99 - 8 4
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4'1 Every~uilding,hereafterconstructedshall be accessible to FireDepartment
apparatus byway of'access:roadway,s with all"weather driving surface of not
less than 16 feet of unobstructed width with'l:jnadequate roadway, tj,irnihg
radius capableof:sLJpporting~the imposedJoads"of fire apparatus arid 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 MuriiCipal
Code.
42. Dead end a,ccess roadw?lYs in excess of 15.0 f$et long shall be provided with
approved provisions,forthe turning a roLJ rld of Fire Department apparatus.
REQUIREMENTS'FORDEADEND & LOOPED ACCESSWAYS
Lenath Width Turnarounds Reauired
*0'-150' 20' None Required
*150'-500' " go' 70' DiameterCul~de-sac
70' Hammerhead
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*Curves and topographical conditions could alter the requirements for
turnaroundsand"the '';;''idth of access ways.
43 The access roadway'shall be extended to'within 150' of all portions of the
exterior walls offhe first story of any building'. Where the access roadway
cannot be provide'd,:approved fire protectionsystem(s) shall be provided as .
required and' approved by the Fire ChiElf
44 Thisdweliingisbeing builton a parceLsize bf3.09 acres and is beyond, the
maximum.allowed" distance from the nearesHire'hYdrant. The dwelling will
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have to have standbywater for fire fightih"g and a residential fire sprinkler
system. Contact the'Fire Prevention Bureau fordetails;
45 A residential fire sprinkler system with a one"irich meter will be required.
Plans shall be subriiittedto the Fire Preverition 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.
46 Provide a fire sprinkler system for both the residence and shop
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Resolution No. P- 99 - 8 4
Page 8
APPROVED AND ADOpTED by the CitY Council of the City of Poway, State of
California, this 3bth,dayof;Nov~riiber 1999
~~
Michael P Cafagna,
ATTEST
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STATE OF CALIFORNIA ).
)'SS
COUNTY OF SAN DIEGO)
I, LorLAnne Peoples,City'Clerkof the City of Poway,do hereby certify under penalty
of perjury that the foregoing Resol~tion No. P- 99-~4 was duly adopted by the City
Council at a meeting ofsaigCityc::;ouncil held on the 30th day of November, 1999, and that
it was so adopted by the followihg vote
AYES. GOLDBY, HIGGINSDN, REXFDRD, CAFAGNA
NOES NONE
ABSTAIN: EM E RY
ABSENT NONE
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Lori.' ,;'pe Peoples, City Clerk
City of Po way
N:\PLANNING\99REPORTlMDR99106:R3
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