Covenant Regarding Real Property 2001-0512447\:..1,..~
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DOC' 2001-0512447
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RECORDING REQUEST BY.' )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY CA 92074-0789 )
)
No Transfer Tax Due ')
JUL 24, 2001 9:40 AM
(mCIAL RECORDS
SAN DIEGO COUNIY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTV RECORDER
FEES: 58.00
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2001-0512447
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
\
Brian and Chris Johnston, 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 321-100-28
("PROPERTY" hereinafter), In consideration of the approval of MORA 00-142, by the
City of Po way ("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
benefit of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees ahd assigns of the respective parties,
In thecevent that MDRAOOc142 expires or is rescinded by City Council at the
request of the OWNER, CITY shall expunge this Covenant from the record title of the
PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party
OWNER:
Dated
7- / {, -)...0 III
By'
Dated:
1 '(G '2-01) J
By
Dated: ~.uvu-:Z <0: ::LOO I
CITY OF POWAY
By' ~~+v
Niall Fritz, Director of Development Services
(fDf.\~) \ /:Of ~
~spt.l~.~~.\> ..1l)o AD
01-137
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", CALiFORNIA ALL.PURPOft ACKNOWLEDGMENT
State af
County af
before me, a..-
. Namiind Title of OffiCer (e,g., ,'Jane oe, Notary Pu ")
JOhJ1~:bAl~ c.kn"'S:r dIHsb.r
Name(s) of 5igner(s)
o personally knawn to me - OR - ~ved to me an the basis of satisfactory evidence to be the persan(s)
whase name(s) lSIf!lre subscribed to the within instrument
and acknawledged to. me that ~fthey executed the
same in hisfhefftheirautharized capacity(ies), and that by
hisIRe!ltheir signature(s) an the instrument the persan(s),
ar the entity u.pan behalf af which the persan(s) acted,
executed the instrument.
On
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I ~~ OFFICIAL SEAL 1
_' GLENDA S, RICHARDS.
g, iii ,NOT MY PUBLlC.CALlFORNIA2l
~"~ . COMM. NO, i225924 "-
'SAN DIEGO COUNl1'
"..0.... MY COMM, EXP JULY 16, 2003
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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 removarand, reattachment of this form to another document.
Description of Attache9vDocumeM~1 .JJ..:. (') /JW _'
Title or Type af Document: L!r1tH/7F(::r-7 ~ ~~--C
Dacument Date, I .:200 ( Number ct?;,al es:
Capacity(ies
Signer's Name:
~ividual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Canservatar
o Other'
.
Top ofthumb here
Signer's Name: ~/W4- Cf&ftw
~dividual
o Carparate Officer
Title(s):
o Partner - 0 Limited 0 General
p Attorney-in-Fact
o Trustee
o Guardian or Canservatar
o Other'
.
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Signer Is Representing:
Signer Is Representing:
e 1994 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7164
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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ORDER NO 201135-CB
roLICY NO.
CLTA STANDARD roLICY
E~~b~t A
SQlEDULE A
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4 THE lAND REFERRED 10 IN 1HIS roLICY IS. DESCRIBED AS. FOLLOWS
THE lAND IS SI1UATED IN THE
STI\.TE,OF CALIFDRNIA
COUNIY OF SAN' DIEaJ
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PARCEL 1:
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THESOUIHEAST QUARTER OF THE NOR1HWFsr CUARTER OF SEX:.TICN 5; 'TG'INSHIP 14, SOUI'H, R!W:iE
1 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE COlJNI'X' OF SAN DIEaJ, STI\.TE OF
CALIFORNIA, ACOJRDIN8 10 UNITED STATES OOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876
EXCEPI'IN8 TIlEREFRO\>! THE EASTERLY 200 00 FEET THERffiF,
PARCEL 2:
AN EASEMENT AND RIQIT OF WAY FOR UNDERGROUND UTILITY PURroSFS, INCllJDIN8 B(JI'..IDI'
LIMITED 10, ELECTRIC FDWER, .TEIEPHCNE, "GAS, WATER, SEWER, AND CABLE TELEVISICN LINp;S
AND APPURTENANCES THEREID, UNDER, ALCN:i, AND ACROSS A STRIP OF lAND 20,00 FEET IN
WIDTH LYING WITHIN THE EASTERLY 200 00 FEET OF THE SOUIHEAST QUARTER OF THE NJRTHWEST
QUARTER OF SECrICN 5, 'DJWNSHIP 14 soom, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CDUNI'Y OF SAN DIEaJ, sm OF CALIFORNIA, ACOJRDIN8 10 OFFICIAL PlAT
TEEREDF, SAID 'IWENTY FCCT STRIP BEIN8 DESCRIBED AS FOLLOWS
THE NORlHERLY 20 00 FEET OF THE EASTERLY 200,00 FEET OF SAID SOUIHEAST QUARTER OF THE
IDRTHWEST QUARTER OF SAID SECI'ICN 5
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PARCEL 3
AN EASEMENT AND RIQIT OF WAY FOR ROAD AND PUBLIC UTILITY PURroSFS, 10 BE USED 'IN
CX1VM:N WIlli OIHERS, OVER, UNDER, ALCN:i. THE ACROSS THE SOl.ITHWES1'ERLY 'AND THE
NJRTHWESTERLY 60 00 FEET AND THE NORlHERLY 45.00 FEET OF THAT roRTICN OF THE SOUIH
HALF OF wr 3 IN SECrICN 5, 'IaWSHIP 14 SOUIH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE mUNTY OF SAN DIED:), STATE OF CALIFORNIA, ACOJRDIN8 10 UNITED STATES
GOVERNMENT SURVEY DESCRIBED AS FOlLOWS
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ORDER ~D 201135-CB
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FOLICY NJ CA 9853~569 \"i:':,
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LEl3AL DESCRIPrICN CCNI'INlJED
C'O'of.1ENCm:; AT THE SCJUIHWE:Sr CORNER OF SAJDi"wr';'3;' THENCE AI.CN:; THE SCUIHERLy'fLmE:Op)'
SAID wr, sourn 890 51' 53"EAsr, 423,82 FEET 'ill A FOmr HEREINAFTER REFERRED 'ill AS
mmr "A"; THENCE NJRTH 000 11' 25" WEST; 454,22 FEET 'ill A FOINT HEREINAFTER,REFERRED
'ill AS mINI' "B"; THENCE NJRTH 240 21' 50" WEST, 152 74 FEET TO A mINT IN THE
SOUllJERLY PDlJNDARY OF THAT 40 00 FCOI' EASEMENT FOR ROAD PlJRPOSES DESCRIBED IN PARCEL
5 IN DEED TO JOHN A, SPARKMAN, RECORDED JULY 17, 1956 IN BCQK 6181, PAGE 30 OF
OFFICIAL RECORDS, BEING A, mINT Q,\) THE ARC OF A 320.00 FCOI' RADIUS CURVE o::NCAVE
NJRTHEPLY 'Il:JEREIN, A RADIAL LINE OF WHICH BEARS sourn 040 41' 00" EAST TO SAID FOINI';
THENCE Ar.cN:; SAID RADIAL LINE NJR1H 040 41' 00" WEST, 20 00 FEET TO THE CENTER. LINE OF
SAID EASEMENT; THENCE AI.CN:; SAID CENTER. LINE, WESTERLY AI.CN:; THE ARC OF A 300. 00 FCOI'
RADIUS CURVE CCNCAVE NJRTHERLY IN SAID CENTER. LINE THROU3H A CEN!RAL AtGE OF 150 13'
10", A DISTANCE OF 79 69 FEET TO THE 'mOO FOINT OF BEl8INNING; THENCE REI'RACm:; THE
lAST COURSES At\lD DISTANCES TO SAID FOINI' "A"; THENCE Al.CNG THE SOlJIBERLy LINE OF SAID
wr 3; NJRTH 830 51' 53" WEST, 360.00 FEET; THENCE NJRTHEASTERLY IN A STRAIGHT LINE TO
A FOINT THAT IS sourn 890 46' 34" WEST, 170 00 FEET FRa-1 SAID FOmr "B"; THENCE NJR1H
240 21' 50" W&"'T TO THE CENTER. LINE OF SAID 40.00 FCOI' EASEMENT HEREIN ABOVE REFERRED
TO; THENCE AI.CN:; SAID CENTER. LINE SOUIH 790 27' 50" WEST) TO THE 'mOO mmr OF
BEl8INNIN:; ,
PARCEL 4:
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AN' FAsEMENT AND RIGHT' OF WAY FOR IN3RESs.: AND El8RESS, ROAD AND UNDERGROUNDurILITY,
PURPOSES INCWDm:;, Bur NCfI' LIMITEo TO,ELH.'IRIC FCWER, TEIEPHCNE, GAS,WATER, 'SEWER,
AND CABLE TELEVISICN LINES AND APPURTENANCES THERE'ro, OVER, UNDER., AI.CN:;, AND ACROSS A
STRIP OF LAND 60 00 FEET IN Wlorn Lym:; WITHIN THE SOUI'HWEST QUARTER OF THE NJRTHWEST
QUARTER OF SECTICN 5, TC:W.\lSHIP 14 SOUIH RAN3E 1 WEST, SAN BERNARDIl\O BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEm, STATE OF CALIFORNIA, ACCORDm:; TO OFFICIAL PLAT
THEREDF, THE CENTER LINE OF SAID SIXIY FCOl' STRIP BErne:; DESCRIBED AS FOLLCWS:
C'CMMENCING AT THE NORTHEAST CDRNER ,OF SAID SOUTHWEST QUARTER OF THE NJRTHWEST QUARI'ER
OF SECI'ICN 5; THENCE SOUTHERLY A DISTANCE OF 537.63 FEET AI.CN:; THE EASTERLy LINE OF
SAID SOUrnwEsT QUARTER' OF THE NJRTHWEST QUARTER OF SECTICN .5 TO A FOINI' HEREAFTER
REFERRED TO AS "FOINT A"; THENCE SOUIH 060' 45' 26" EAST TO A mINT OF INI'ERSECTICN CN
A LINE LYING PARALLEL TO At\lD 30 00 FEET EASTERLY OF THE EASTERLy LINE OF SAID
SOlTIHWEST QUARTER OF THE NJRTHWESTQUARTER OF SECTICN 5, SAID FOmr OF INI'ERSECTICN
BEING AlSO THE 'mOO FOINT OF B83INNING; THENCE REIRACTh'G THE PREVIOUS OJURSE TO
PREVIOUSLY DESIGNATED FOINI' A; THENCE NJRTH 060 45' 26" WEST A DISTANCE OF 248 30 FEET
TO ACNE-INCH IRCN PIPE WITH BRASS DISC MARKED L S 4158, SAID PIPE Lym:; 30 00 FEET
WESTERLY OF THE EAST LINE OF SAID SCXlIHWEST QUARTER OF THE NJRTHWEST QUARI'ER OF
SECTICN 5; THENCE NJRTHEASI'ERLY IN A STRAIGHT LINE 'ill A FOINT OF INI'ERSECTICN WITH THE
NORTH LTh'E OF THE SOUI'HEASr QUARTER OF THE NJRTHWEST QUARTER OF SECTICN 5, SAID FOINT
OF INI'ERSECTICN Lym:; 30.00 FEET EASTERLY OF THE NJRTHEAST CORNER OF THE SCXlIHWEST
QUARTER OF' THE NJRTHWEST QUARTER OF SAID SECTICN 5
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POLICY NJ CA 98539569\1",:..';.
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THE SAID LINES OF SAID EASEMEm'ARE'ID BE SHORTENED AND :LEN3IHENED 'ID TERMlliATE ni'~/'I~~
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NJR1HERLY AND EASTERLY LINES OF SAID SOUIHWEST QUARTER OF THE NJR1HWEST QJARIER. , ,. .,;
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ORDER NO 201135-CB
LEl3AL DESOliPTla.! CONI'INUED
PARCEL 5
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AN EASEMENT AND RIGHI' OF WAY FOR IN3RESS" AND EGRESS, ROAD AND UNDERGRCUNDllr:P:;J;'lY
PURroSES INCLUDING, Bur NJr LIMITED 'IDELEX:TRIC FalER, TELEPHCNE, GAS, WATER, SEWEl('
AND CABLE TEIEVISla.! LINES ,AND APPURTENANCES 1HEREIO, OVER, UNDER, Al.C!t\K;, AND AmOSS
A SIRIP OF LAND 60 00 FEE:I' IN WIDTH LYThG WITHIN THE SOUIHWEST QlI'\RTER OF THE
NJRTHWEST QUARTER OF SECTICN 5, TOWNSHIP 14 SOUIH, RAc'JGE 1 WEST, SJll'J BERNARDThD BASE
AND MERIDIAN, IN THE ccxJNry OF SAN DIEX:D, STATE OF CALIFORNIA, ACCORDIN3 'ID OFFICIAL
PIAT THEREDF, TrIE CENTER LINE OF SAID SIXTY FCXJr SIRIP BEIN3 DESOliBED AS FOLI..CWS
COYiMENCIN3 AT THE NJRTHE'AST CORNER OF SAID.SCXJI'HWEST QUARTER OF THE NOR'IHWEST QlI'\RTER
OF SECTla.! 5; THENCE SOUIHERLY A DISTIlNCE OF 537.63 Fm.Al.CN3 THE EASTERLY LINE OF
SAID SOUIHWEST QlI'\RTER OF THE NOR1HWEST QUARTER 'ID THE TRUE FOINT OFBffiINNIN3; THENCE
NORTH 890 44' 56" WEST A DISTIlNCE OF 59 87 FEEl' 'ID THE BEGJ:NNIN3 OF' A TAN3ENT 80.00
FCXJr RADIUS CURVE cc:NCAVE NJRTHEASTERLY; THENCE WESTERLY AND NJRTHWESTERLY AND
NJRTHERLY Al.C!t\K; SAID CURVE THROl.J3H A CENrBAL AN3LE OF 730 53' 01" A DISTI\NCE OF 103.16
FEE:I'; THENCE TANGENI' 'ID SAID CURVE, NJRTH 150 51' 55" WEST A DISTANCE OF 80 63 FEEl'
'ID THE BEGINNIN3 OF A TAN3ENT 100 00 FCOT RADIUS CURVE m\lCAVE SOUIHERLY; THENCE
COUNTERCLCCKWISE Al.C!t\K; SAID CURVE THROU3H A CEN'IRAL AN3LE OF 1130 30' 36" A DISTIlNCE
OF 198 11 FEE:I'; THENCE TAN3ENT 'ID SAID C1JRVE, SOUTH 500 37' 29" WEST .1;. DISTIlNCE OF
349 32 FEEl' TO A ONE-INar IRON PIPE WITH BRASS DISC'MARKED L S 4158; THENCE SOUTH 710
29' 20" WEST A DISTANCE OF 343 03 FEEl' 'ID A ONE-INar IRON PIPE WITH BRASS DISC MARKED
L S 4158; THENCE SOUIH 820 35' 12" WEST 'ID A FOINT OF Th'I'ERSECTIa.! WITH THE WESTERLY
LINE OF SAID SECTla.! 5, SAID POINT OF INTERSECTla.! LYIN3 746 83 FEEl' SOUIHERLY OF THE
NJRTHWEST CORNER OF THE SOUIHWEST QUARTER OF THE NORIHWEST QUARTER OF SAID SECTla.! 5.
THE SIDELINES OF SAID EASEMENT ARE 'ID BE SHORTENED AND Ll'NSIHENED 'ID TERMINATE IN. THE
EASTERLY AND WESTERLY LINES OF THE SOUI'HWEST QUARTER OF THE NORTHWEST QUARI'ER OF SAID
SECTIQ.\1 5
PARCEL 6
AN EASEMENT AND RIGHI' OF WAY FOR UNDERGROUND urILI'lY PURFOSES, INCWDIN3 Bur NOT','
LIMITED 'ID, ELECTRIC ECWER, TELEPHONE; GAS, WATER, SEWER, AND CABLE TELEVISla.! LINES
AND APPURTENANCES 1HEREIO UNDER,_.. Al.C!t\K;, AND Amoss A STRIP OF LAND 15.00 FEEl' IN
WIDTH LYIN3 WITHIN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTla.! 5,
TOWNSHIP 14 SOUIH, RANGE 1 WEST, SAN BERNARDm::l BASE AND MERIDIAN, IN THE COUNI'Y OF
SAN DIEX:D, STATE OF CALIFORNIA, ACCORDIN3 'ID OFFICIAL PIAT THEREDF, THE CENTERLINE OF
SAID FIFTEEN FCXJr STRIP BEING DESOliBED AS FOLI..CWS:
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ORDER NJ 201135-CB FDLICY NJ. CA 98539569, ,.'.-"
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, COVMENCThG AT THE l'DRTJ-IEAST CORNER OF SAID sourHWE'ST QUARTER OF THE l'DRIHWESTii'j',:>\
QUARTER OF SECTICN 5; 'lliENcE SOUIHERLY A DIS'ITlNCE OF 537.63 FEEl' AIJ::N3 THE EA.S'I'ERLY ',e,
LINE OF SAID SOUIHWEST QUARTER OF THE NJRTIlWEST QUARTER; 'lliENCE NJRTH 890 44' 56"
WEST A DISTANCE OF 59 87 FEET TO THE BffiINNJN3 OF A TA!\GENT 80 00 FCOT RADIUS CURVE
cc:NCAVE NJRTHEASTERLY, 'lliENCE NJRTHWESTERLY AND NJRTHERLY ALCN3 SAID CURVE THROlJ3H A
CENTRAL Al\1GLE OF 730 53' 01" A DISTANCE OF 103,16 FEET; 'IHENCE TAN3ENI' TO SAID CURVE
N8RTIl 150 51' 55" WEST A DISTANCE OF 80 63 FEET 10 THE BffiINNJN3 OF A 'TI\NGENI' 100 00
FO:JT RADIUS CURVE ffi\JCAVE SOUIHERLY; THENCE COUNIERCLCCKWISE ALCN3 SAID CURVE THROlJ3H
A CENTRAL AN3lE OF 1130 30' 36" A DISTANCE OF 198.11 FEET TO A FDINT, SAID FDINT BEIN3
THE TRUE FDINr OF BEl3INNIN3; THENCE NJRTHWESTERLY IN A S'IRAIGHT LINE TO A POINT OF
INI'ERSECTICN WITH THE EAST LINE OF THE SOUIHWEST QUARTER OF THE NJRTHWEST QUARTER OF
SAID SECTICN 5, SUO! FDINT BEIN3 30 00 FEET SOOIHERLY OF THE NJRTHEAST CDRNER OF SAID
SournwEST QUARTER OF THE NJRTHWEST QUARTER OF SAID SECTICN 5
THE SIDELINES OF SAID EASEMENT ARE TO BE SHORTENED AND LEl\'GIHENED 10 TERMINA.TE IN THE
EASTERLY LINE OF THE SOUIHWEST QUARTER OF THE NJRTIlWEST QUARTER OF SAID SECrICN 5.
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EXHIBIT B
RESOLUTION NO P- 01-32
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MORA 00-142
ASSESSOR'S PARCEL NUMBER 321-100-28
WHEREAS, MORA 00-142 submitted by Brian and Chris Johnston, Owners, request
the approval of a Minor Development Review Application to construct a 3,417 -square-foot,
single-family residence,.an attached 715-square-foot guest house and a detached barn in
the Hillside/Ridgeline Overlay Zone, The subject property is located in the Rural
Residential A zone at 14817High Valley Road, and
WHEREAS, on June 26, 2001, 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: The City Council finds that MORA 00-142 is Categorically Exempt from the
provisions of the California Environmental Quality Act, pursuanUo Section 15303(a), Class
3 exemption, in that it is the development of a single-family residence in a residential zone
in an urbanized area,
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (HCP), a biological
survey was conducted on the property by REC Consultants, Inc, on April 13, 2001 Project
grading will impact mixed coastal sage scrub and chaparral habitat. No sensitive species
were identified on the property In accordance with the Poway HCP, the required findings
for approval of the proposed mitigation for the removal of-habitat for MORA 00-142 are as
follows'
A. The project site is within the Mitigation Area of the Poway HCP The mitigation is
consistent with and furthers the implementing objectives of the Poway HCP in that
the applicant will mitigate the removal of 2,15 acres of habitat at a greater than 2:1
ratio through the on-site dedication of a biological conservation easement
preserving 5 acres of comparable undisturbed and unencumbered habitat of equal
or greater value,
B The preservation of habitat on-site and within the Mitigation Area ofthe Poway HCP
will contribute toward a buffer to protect Resource Protection Area 11 of the
Rattlesnake Canyon Cornerstone lands of the Poway HCP Therefore, the
dedication will serve to enhance the long-term viability and function of the preserve
system,
C The mitigation will be to the long-term benefit of the covered species and their
habitats in that the dedication of a biological conservation easement over
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5349
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Resolution No P-Ol-32
Page 2
undisturbed and unencumbered habitat will promote a, meaningful addition to the
assembly of a viable regional system of interconnected,natural habitat resources,
habitat linkages, buffers and wildlife corridors,
o The mitigation will foster the incremental implementation of the Poway HCP in an
effective and efficient manner in that the preservation of on-site conservation area is
within an identified Mitigation Area within the City
E, The mitigation will not result in a negative fiscal impact with regard to the successful
implementation of the Poway HCP because no City funding will be required for the
mitigation effort,
F Special findings are hereby made to allow the removal 0 15 acre of habitat in
excess of the 2-acre limit as allowed by the Poway HCP as follows,
1 Sensitive biological core resources, habitat linkages, wildlife movement
corridors, watershed and buffer areas are appropriately preserved and protected
through the dedication of anon-site biological conservation easement of 5 acres,
The excess habitat impacts result from a City requirement for additional brush
clearance for the project for fire safety purposes,
2, The objectives of the Poway HCP have been met in that the project has been
designed to minimize habitat impacts and conform with the objectives,
3 An equal or greater mitigation plan has been accepted which will provide for the
dedication of a 5-acre biological conservation easement to mitigate the 2,15
acres of project habitat impacts,
G Based upon information provided at the time of this application the subject property
is potentially subdividable It is not the intent of the Poway Subarea Habitat
Conservation Plan to preclude future development potential. Therefore a biological
conservation easement over 5 acres of the subject.site shall be required atthis time
and an open space easement is not required over the remainder of the site, This
finding does not imply that the future subdivision of the subject property is
guaranteed and any such request would need to comply with all standards in effect
at the time a subdivision application is made,
Section 3: The findings, in accordance with Section 17,52 of the Poway Municipal Code
for MORA 00-142 to construct a residence, an attached guest house and a detached barn
in the Hillside/Ridgeline Overlay Zone at 14817 High Valley Road in the RR-A zone, are
made as follows:
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5350
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Resolution No P- 01-32
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A, The home'and barn have been sited to minimize landfo~m alteration and conforms
with City zoning and grading standards, Therefore, the project respects the
interdependence of land values and aesthetics to the benefit of the City
B The project is in character with existing development in the area and will not
negatively affect the views of adjacent property owners, The proposal does not
otherwise affect the boundaries of the lot or the design of the streets, Therefore,
the project does not conflict with the orderly and harmonious appearance of
structures and property within the City along with associated facilities such as, but
not limited to, signs, landscaping, parking areas and streets,
C There are public facilities, services and utilities available, The current roads are
capable of handling the expected volumes of traffic with this residential
development. The proposed use is an allowable use in the RR-A zone, with the
approval of a Hillsicte/Ridgeline Minor Development Review Application, The,project
will otherwise conformto all City ordinances, Therefore, the proposed use does not
detract from the maintenance of the public health, safety and general welfare, and
property throughout the City
o The project has been designed to minimize impacts on the surrounding community
by being tucked into the side of the hill, and utilizing a low profile architectural
design and earth-toned wall and roof materials, Therefore, the proposed
development respects the public concerns for the aesthetics of developments
E, The proposed project will meet the required design regulations and will otherwise
comply with all of the relevant codes and standards of the City of Poway
Therefore, the proposal does not have an adverse 'aesthetic, health, safety or
architecturally related impact upon existing adjoining properties, or the City in
general.
F The proposed development will comply with all of the provisions of the Zoning
Ordinance and the General Plan,
Section'4: The findings,. pursuant to Government Code Section 66020 for the public
improvements for MORA 00-142, are to be made as follows:
A, The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City ordinances, because all
necessary services and facilities will be available to serve this project. The payment
of fees toward public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below'
1 The project requires payment of drainage, park, affordable housing, and
traffic mitigation fees, which are assessed on a pro-rata basis to finance and
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5351
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.Resolution No P-Ol-32
Page 4
provide public infrastructure improvements to promote a safe and healthy
environment for the residents of the City
Section 5: The City Council hereby approves MDRA 00-142 to construct a single-family
home of approximately 3,417 square feet, a 715-square-foot attached guest house, and a
detached garage in the Hillside/Ridgeline Overlay Zone at 14817 Glen Circle Road in the
RR-A zone, as shown on the plans dated December 12, 2001 (house plans) and the
grading plan dated April 30, 2001, subject to the following conditions:
A, Approval of this MDRA re-questshall 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
thatall conditiOl;s of approval have been read and understood; and (2) the property
owner shall execute a Covenant on Real Property
C The conditions of MDRA 00-142 shall remain in effect for the life of the subject
residence and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner
D The applicant shall obtain a Grading Permit. Prior to issuance of a Grading Permit,
the applicant shall comply with the following:
1 A grading plan for development of the lot, prepared on a City of Poway
standard mylar at a scale of 1"=20', shall be submitted for review and
approval to the Development Services Department, Engineering Division,
The submittal shall include applicable plan check fees, A grading plan
submittal checklist is available atthe EngineeringDivision front counter Any
items from the previous application to be used in the new application shall be
updated to current standards, and certified by the current engineer of work,
At a minimum, the grading plan shall show the following,
a, Driveways, in compliance with the specifications provided in Section
17 .08,170D of the Poway Municipal Code, and including minimum
structural se'ctions together with their elevations and grades
b A separate erosion control plan for prevention of sediment run-off
during construction,
c, All new slopes with a maximum 2:1 (horizontal to vertical) slope,
Tops and toes of graded slopes shall be shown with a minimum five-
foot setback from open space areas and property lines, ,Buildings
shall be located at least five feet from tops and toes of slopes, unless
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5352
· Resolution No
Page 5
P- 01-32
waived by the Planning Division and/or Engineering Division prior to
issuance,of a grading permit.
d All utilities, 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, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work,
f The grading plans shall include the following improvements to the
private access road known as Tooth Rock Road between it's
intersection with High Valley Road and the driveway to the subject
project site:
I. The existing paved stretch of the private access road shall be
widened to 20Jeet and paved with asphalt concrete,
ii. The unimproved stretch of the private access road shall be widened
to 20 feet and surfaced with a minimum 6-inches of disintegrated
granite,
iii. A 10 foot wide trail shall be constructed along the north-squth portion
of the private access road to the satisfaction of the Public Works
Department
g, Top and bottom of retaining wall elevations,
h, The location of the Biological Conservation Easement area,
I. The location of construction staking of habitat and open space areas
as detailed under condition E,1
J, The location of the Fire Management Zones,
2, A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with 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 all surface water within the project site, and all
surface water flowing onto the project site from adjacent lands, Said system
shall include all easements required to properly handle the drainage,
Concentrated flows across driveways are not permitted
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P- 01-32
4 To insure compliance with the CleanWater Act, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP)thateffectively addresses
the elimination of non-storm run-off 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 run-off, protection
of all storm drain inlets, on-site 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
prior to approval.of the grading and improvement plans, The SWPPP may
be incorporated with the erosion control plan, but shall be under separate
cover from the grading and improvement plans,
5 The,applicant shall pay all applicable engineering; plan checking, permit and
inspection fees,
6 Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City
7 A landscape/irrigation plan in accordance with the applicable requirements of
the City of Poway Guide to Landscape Requirements shall be submitted to
and approved by the Director of Development Services, Said plan shall
include landscaping for alLmanufactured and'disturbed slopes greater than a
5,1 slope and for a Fire Management Zones located 135 feet outward from
the structure, except the westerly elevation of the residence which a brush
management zones extending to the private access road will be required, In
accordance with said requirements, and the Poway General Plan
requirement for hillside development, the landscaping shall utilize materials
similar in appearance to the existing native vegetation,
8 The property owners shall submit a letter advising the City of their agreement
to comply with the development requirements of the Poway Habitat
Conservation Plan
9 Provide a copy of the Quino Checkerspot Butterfly Survey completed on the
property to the Planning Division
,
10 The location and grading design for the required recreational trail shall be
shown on the grading plan,
11 Neither removal of Gnatcatcher habitat nor grading in the vicinity of such
habitat may take place within nesting season (February 15 to August 15),
Exceptions may be permitted if it can be proven, to the satisfaction of the
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5354
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Resolution No P- 01-32
Page 7
Director of Development Services, that no impacts to protected specieswill
occur
12, The following easement shall be recorded on the subject property, to the
satisfaction of the Director of Development'Services:
a, A biological conservation easement on a 5-acre area of the property of
undisturbed and unencumbered habitat of comparable quality mixed
Coastal Sage Shrub/Chaparral habiiat. The removed 2,15 acres of
habitat shall be,mitigated at a minimum 2:1 ratio, The form and content
of the easement shall be to the satisfaction of the Director
13 Prior to any rock blasting, a pre-blast survey of the surrounding properties
snail be conducted to the satisfaction of the Director of Development
Services, arid 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,
14 Non-supervised or'non-engineered fill is not allowed, Rock disposal areas
shall be graded in compliance with City approved soils recommendations
and the approved grading plans,
.
15 Leach field layout or seepage pit layout for the sewage disposal system shall
be submitted to the City's DevelopmentServices Department for review and
approval by the City Engineer prior to obtaining a septic system installation
permit from the County of San Diego Department of Health, If a septic
system installation permit has already beel1 obtained, a layout plan shall be
submitted to the City for review prio(to installation of leach lines
E, Prior to any clearing, grubbing, or grading, the applicant shall comply with the
following:
1 At a minimi,JrlJ"all protected areas, as shown on the grading plans, shall be
staRed by a licensed surveyor and delineated with lathe and ribbon, The
applicant shall have said staking inspected by the Engineering Inspector
prior to grading, A written certification from the engineer of work or a
licensed surveyor shall be providedtb the Engineering Inspector stating that
all protected areas are staked inatcordance with the approved project plans,
F Prior to construction ofthe single-family home, the applicant shall obtain a Building
Permit. Prior to issuance of a Building Permit, the applicant shall comp~y with the
following:
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5355
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Resolution No P-Ol-32
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The building plans shall comply with the latest adopted Uniform Building
Cod'e, NationalElectric Code, and alLother applicable codes and ordinances
in effect at the time of building/electrical permifissuance,
2, The building plans shall depict the exterior building colors and materials
consistent with the project materials sample board on file with the
Department of Development Services,
3, The plans shall shOw all existing and new utilities placed underground
4 Provide proof to the Planning Division of payment of school fees to the
Poway Unified School District.
5 Payment of the Affordable Housing In-Lieu Fee in the amount of $4,500
6 The owners shall record a deed covenant on the property, which prohibits
kitchen facilities frolTl'being installed within the detached guest house The
stwcture shall never be rented or leased without first obtaining the required
approvals arid permits from the City A check in the amount of $1300 made
payable to the County Recorder/Clerk shall be submitted to the Planning
Division with the deed covenant to cover document recordation fees,
7 The exterior ofthe required fire safety watertankshall be painted a color that
will blend with 'the adjacent natural setting, A paint sample shall be
submitted to the Planning Division for review and approval.
8 The site shall be developed in accordance with the approved plans on file in
the Development Services Department,'and the conditions contained herein,
Grading of lots 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
9 The erosion control, including but notlimited to desiltation basins, shall be
instillledand maintained by the developer throughout the duration of the
construction period,
10 Rough grading of the lot ;s to be completed and must meet the approval of
the City Inspector and shall include submittal of the following:
a A certification of line and grade for the lot, prepared by the engineer of
work,
b A final soil compaction report for each lot for review and approval by the
City
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5356
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Resolution No P-'Ol-32
Page 9
11 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 Serwices Department. All appropriate fees shall be paid prior
to permit issuance,
12, The following development fees shall be paid to the Engineering Division,
These fees are currently in effect, and are subject to change without notice
Traffic Mitigation
Park
Drainage
$ 990
$2,720
$1,570
13 Any large or small animals that are kept on the site shall be in accordance
with the PowayZoning Code and the Large and Small Animal Ordinances,
G, Prior to occupancy ofthe home, the applicant shall, comply with the following'
1 The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the;conditions contained herein,
A final inspection from the appropriate City Departments will be required,
2, Driveways, drainage facilities, slope landscaping and protection measures,
and utilities, shall be constructed, corifpleted, and inspected by the
Engineering Inspector The driveway shall be constructed in accordance
with Poway Municipal Code, Section 17,08 170, and its structural section
shall be shown on the grading plan,
3, 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 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 securities,
4 Construction of the improvements to the private access road to the site shall
be completed as shown on the grading plans,
5 The following improvements shall be constructed to the satisfaction of the
Director of Safety Services,
a, 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 No, 64
b 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
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· Resolution No
Page 10
P-ol-32
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property Said. numbers shall contrastwith their background, Addresses
shall be required at private driveway entrances,
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c, Each chirnney used in conjunction with any. fireplace shall be maintained
with a spark arrester
d 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 accessways,
e The access roadway shall be extended to within 150 feet 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 as1required and approved by the Fire Chief
f Residential fire sprinkler system with the one-inch measure will be
required for the primary residence, guest house and detached barn,
Plans shall be submitted to the Fire Prevention Bureau for approval prior
installatibn,lf'a one-inch lateral off the street mean is currently not
present, one will have to be installed,
g, The applicant shall comply with the City of Po way Guide to Landscape
Maintenance as it relates to fire management zones,
h This dwelling is being built on a parcel'size of34 acres and is beyond 500
feet from the nearest fire hydrant. The dwelling will have to have stand
by water for fire fighting and a residential sprinkler system, Contact the
Fire Prevention Bureau for details,
i. An electric powered gate across the access to the residence shall have a
Knox override key switch that shall be ordered through the Poway Fire
Department.
j, 10,000-gallon water tank with a Fire Department connection to be
determined by the Fire Department.
6 The following improvements shall be completed to the satisfaction of the
Director of Public Works,
a, The parcel is located within Landscape Maintenance District 86-1 The
parcel is exempt from annexation,
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5358
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Resolution No P-Ol-32
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b The parcel is located within the General Plan's conceptual trail scheme
as a .local feed trail. A minimum 1 O-footwide recreational trail shall be
dedicated to the City The trail shall be improved in accordance with City
standards,
Section 6: The approval of MDRA 00-142 shall expire on June 26, 2003 at 5:00 p,m,
unless, prior to that time, a building permit has been issued and construction on the
property, in reliance on the MDRA approval, has commenced prior to its expiration,
Section 7: Pursuant to Government Code Section 66020, the90-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 June 26, 2001
PASSED, ADOPTED and APPROVED by the City Council of the City of Po way,
State of California, this 26th day,of June 2001
ATTEST
ayor
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5359
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Resolution No P- 01-32
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STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, thatthe foregoing Resolution No P-01-32 ,was duly adopted by the
City Council at a meeting of said City Council held on the 26th day of June 2001, and that it
was so adopted by the following vote:
AYES
EMERY, REXFORD, CAFAGNA
NOES,
NONE
ABSTAIN,
NONE
GOLDBY, HIGGINSON
ABSENT
~~~ ~~~
ori nne Peoples, City Cle k
City of Poway
N :lcitylplanninglO 1 reportlmdralmdra00142res,doc