Covenant Regarding Real Property 1999-0592026;'-~ -.:~~ ,,,,"\
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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
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No Transfer Tax Due
3222
DOC" 1999-0592026
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AUG 27. 1999 9:01
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OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ , SMITH" COUHTV RECORDER
FEES: 28.00
COVENANT REGARDING REAL PROPERTY
James Stevenson ("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 321-271-29 ("PROPERTY" hereinafter), In
consideration of the approval' of CUP 99-06/MDRA 99-78 by the City of Poway C;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 and assigns of the respective parties,
In the event that CUP 99-06/MDRA 99-78 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 is rescinded by City Council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
Dated~/ 2C~/q Cj
Dated n J~I ('7C;C;
N:\PlANNING\99REPQRT\CUP9906.CDY
(2-:? ~~
",/.fames Stevenson, OWNER (Notarize)
()...~ .Ja~e!",;)Ea.~"'est 5i-c.vt'~..\$cn
CITY OF POWAY
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By'
Niall Fritz, Director of e lopment Services
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3223
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EXHIBIT"A"
Parcel A
Parcel 2, in the City of Poway,. County of San Diego, State of California, as shown at
Page 13660 of Parcel Maps,. filed in the Office of the County Recorder of San Diego
County, February 4, 1985 as File No 85-037714 of Official Records.
Parcel B
An easement and right of way for road and utility purposes.over, under, along and
across those portions of Parcel Map No, 13660, in the City.of Poway, County of San
Diego, State of California, filed in the'Office of the County Recorder of San Diego
County, 'February 4, 1985, which are delineated at said Page 13660 of Parcel Maps as
"Proposed 40 Foot Private Road and Utility Easement" and "Existing Private Road and
Utility Easement. known as Millard's Road" per deed recorded June 16, 1977 as File
No, 77-023712 of Official Retordsand recorded April 29, 1981 as File No, 81-130996
of Official Records,
eALiFORNIAAll.PUR~E ACKNOW.LEDGMENT 3.4
'. On 0 ufJ' ~g fj99 before me, i
~ personally appeared To VI!It? ~ @
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I D personally known to me ~
" i8'Proved to me on the basis 01 satisfactory evidence ~
:~ to be the perso~ whosename'fs)d1l/Me subscribed to the ~
~ within instrument and acknowledged to me tha~sAe,qAe, ~
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~.' executed the same in hg~ tfl~il authorized capacity(~, ~,'
1;1 and that by<1llS'ACf/-tflcir signaturefst-on the instrument the '"
i,'..' lii- - .. - - ;~~A~~290- -I ~~;:~~~~~tt=~t~~tii~s~~~e~~half of which the personts) ~,:,'
~ , . .' . Commission It 1204' ~ ~
1Ji i' . Notav. .l!UbliC - c;at1far1Ia .~ ~
~ "'san DIego County I. WITNESS my hand and official seal ~,
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@~: j Slgni'lture of Notary Public ig'"
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~1 Though the informatIon below is not required by law, it may prove valuable to persons relying on the document and '::ould prevent i::<.l
~ fraudulent removal and reattachment of this form'to ano!t1er document. g
~ %
~ Description of Attached Document g
~ Title or Type of Document: ~
~ g
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g Document Date' Number of Pages: ~
~ Signer(s) Other Than Named Above: ~
~ Capacity(ies) Claimed by Signer(s) ~
~ ~
~ Signer's Name: Signer's Name: g
~ D Individual D Individual ~,
~ D Corporate Officer D Corporate Officer ~
~ Title(s): Title(s) :!
Sj D Partner - D Limited D General D Partner - D Limited D General g
~ D Attorney,incFact D Attorney'in,Fact 'it
g D Trustee [] Trustee 'it
'f! D Guardian or Conservator D Guardian or Conservator ),
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I D Other. Tuo uf lhLJITlh here D Other for! of ihumb hell?' '^
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~ Signer Is Representing: Signer Is Representing: ~
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EXHIBlT125
32..
RESOLUTION NO P- 99-61
A RESOLUTION OF THE CITY COUNCIL
OF THE. CITY OF POWA';(, CJ\L1FORNIA
APPROVING CONDITIONAL USE PERMIT 99'-06
AND MiNOR DEVELOPMENT REVIEW 99-78
ASSESSOR'S PARCEL NUIIt1!3ER 321'"271-29
WHEREAS, Conditional Use Permit 99"06 arid Minor Development Review 99-78
submitted by James Stevenson, Applicant, requestsapprovarto construct an 880 square
foot detached accessory1apf)rtri)enton the residential property located at 14525 Millards
Road within the Rural Residehtial A tone; and
WHEREAS, on A'ugust17, 1999. the City Council held a hearing oniiie abiJve
referenced item'; and
WHEREAS, pursuant Jo Government Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-dayperiod to protest the imposition of ahy fee, dedication,
reseiVation,or'other exaction described in this resolution:begins on the effective dClteof
thill resolution andany such'protest must be in a manner that compiies with Section 66020;
and
NOW. THEREFORE, the City'Council does hereby resolve as folloWs:
Section 1 Environmental Findings:
The City Council'findsthat.this project will nothave,a significant adverse impact on
the environment and issues a Negative Declaration,
Section 2: Findings:
1 The approved project is consistent withth,e GenElral Plan ;in that ,an
accessoryapartmentis'considered'to. beian accessorY use for a single family
residence in the Rural Residential A zone,
2,lihaHhe approved development will not have adverse aesthetic, health,
s'afety, or architecturally related impacts upon adjoining properties, in,that the
archit~ctural design of the accessory apartment is compatible with the
primaiYdWelling,
3 That the.approved developmenl'is'in compliance withthe Zoning Ordinance,
ih that it complies with the' setbacks, structure height limits, and all other
property development standards of the R'R-A zone,
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3.22'6e
Resolution No. P- 99-61
Page 2
4 That, the approved developmerit ~ncouragesthe orderly and harmonious
appearance of structures and proRerty.wtthin the City, in thatall surrounding
properties areunde(the same zoni,rig designation as'the subject lot and are
developed aSiisingle family residences,
5 That therea're public facilities and utilities, available to service the project
6 ThaUhere ~illlJQtbe significant harmful effectslupon environmentaLquality
and natUr!!1 .r.esources in that the accessory apartment is considered an
accessory use t01a single-family residence.and conditions of approval for the
projecfwill mitigate pQtential negative impacts,
Sectiori 3:City'C6uriCiI Decision:
The City Council hereby approves Conditional .Use Permit 99-06 and Minor
Development Review 9.9~78 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 with the reasoriable use and enjoyment of
surrounding residential uses,
3, This conditional use:permit shall be subject to annual review by the Director
of Development Services for compliancewith!he1cohditions of approval and
to address, concerns that may have occurred (Juring the past year If the
permit is not in compliance with thecon<:ji!iol"ls of approval, or the
Development Services' 0epartment has received complaints, the required
armual review shall be set for a public 'heatirig before the City Council to
consider modification or revocation;ofthe use permit
COMPLlANC~'Wrr:HTHE FOLLOWINGCONDITIONS.~IS REQUIRED. COMPLIANCE
SHALL BE APPR9VED~BYTHE DEPARTMENT OF DEVELOPMENT SERVICES.
SITE DEVELOPMENT
1 Si!~ hasibeen dellelqped in accordance with the approved site pl<:lns on file in the
Development Services Department and the conditions contained herein.
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3227
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Resolution No, p_99-61
Page 3
2, Approval ofthis'request shall not waiile,complic(hc6'with all sections of the Zoning
Ordinance and all other applicable City Ordinances in effectaUhe time of building
permitfinalization,
3 The applicant shali cOlTJply with the latest adbpt~d UnifprmBuilding Code, Uniform
.Mechariical Code, Uniform Plumbing Code, NatIonal Electric Code, Uniform Fire
Code, andallcither-appHcablecodes and ordinances iheffect at the time of building
perniitfinalization,
4 This approval shall' become null and void ifbuilding permits are not finalized for this
project within two'yeElrs fl'ornthedate'of project aPJJroval.
5 Either th~ main resig,engeor'the accessory apartment shall be occupied by the
owner of the property af.alltinies,
6, The developer shall'pay an:affordable housing in~lieu'fee,of $2,500 pri6rto issuance
of building permits.
7 SCQool impact fElesshall be paid to the PowayUriifled School District. Evidenceof
paynientshall be provided to the Planning Division prior to issuance of biJilding
permits,
8, All existing and proposed utility service' shall be instaiied uriderground,
9 Aminimum 10'x 20' garage space shall be provided for, the accessory apartment
10 Grading of the subject property shall be in accordance with the Uniform Building
Code, City Grading Ordinance, approved grading plah,andgeotechnical report, and
accepted grading practices,
~;.grading plan for the developmentof the property shall be submitted to the City's
De",elopmEmt;ServicesDepartment forreview and approval prior to issuance of a
grading penmitand.start of grading operation if the operation,reCjuires morethim
50clIllicyards of,gr~ding or the cutis more than 2 feet and the fill is more
than 1.f06t, ift!tegradinginvolyes ear;thworkmovement of less than 50 cubic
yards, a,9raclin9 per,mit is not required. Ifno grading is required, a certification
from a State Registered Civil EngineeLindicating the amountof earthwork involved
shall De 'furnisbed to the City's Development Services Department' and a $500
inspection fee shall be paid prior to buildingpenmil.issuance: If grading is required,
the grading plan,shall be drawn to a scale of1" ='20' or larger on a City of Po way
24"x36" standard mylar drawing,
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3228
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Resolution No p-99-61
Page 4
COMPLlANCEWITH THE FOLLOWING CONDITIONS'ISREQUIRED. COMPLIANCE
SHALL BE APPROVE'o:BY THE DEPARTMENT OF SAFETY SERVICES.
11 Roof covering sheil.1 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
P6way Ordinance No, 64
12, Every building hereafter constructed shall be accessible to Fire Department
apparatus by way 6fa,ctess roadways with 'all-weather driving surface of notless
than 16 feet ofunobstruttj3d width, with adequate roadway turning radius capable
of sLJPporting tbei inipgsed IQads of fire apparatus and having a minimum of 13'6"
6fverticalclearance, The road surface type shall be approved by the City Engineer
pursuant to the City of Poway Municipal Code,
13, Approved number 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, Address shall be required at private
driveway entrances,
14 Each chimney used in conjunction with any fireplace shall be maintained with a
spark arrester
15, Driveway width shall be'at least 16' wide,
16 Show existing fire hydrantoh Millards Ranch Lane,
APPROVED .and ADOPTED by the City Council of the City of Poway, State of
California, this 17th day of August 1999
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Michael P Cafagna, M~yor
I -
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ATTEST
'~~J! I. (I "v., -J, Q h'\.C" '>
LorilAnne Peoples, City Clerk
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3229
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Resolution No, P- 99-61
Page 5
STATE OF CALIFORNIA )
)SS,
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City,Clerk bfthe City of Poway;dohereby certify under penalty
of perjury that the foregoing Resolution No P- 99-61 was duly adopted by the City
Council. at a meeting of said City Council held on the 17th day of August, 1999, and tl1at
it was so adopted'by the following vote:
AYES
EMERY, GOLDBY, REXFORD, CAFAGNA
NOES
NONE
ABSTAIN: NONE
ABSENT HIGGINSON
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,~( "(~" 0
"1rv"l.' '..1 \\._'-- \, (rci:)C ~,
Lori Anne Peoples, City Clerk
City of Poway
N:\PLANNiNG\99REPORTlCU'P9906,RES