Covenant Regarding Real Property 1997-0623140
. DOC" 1997~O623140
. RECORDING REQUEST BY: DEe 09, 1997 11:44 AM
)
) OFFICIAL RECORDS
CITY OF POWAY )
) SAN DIEm COONTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) GREGI]'{ J. SMITH. COOOV RECORDER
) FEES: 31. 00
CITY CLERK ) 804 '"11"111111111111111 IIUUII 11111 11111 11111 1111 1111
CITY OF POWAY )
POBOX 789 '1ft
POWAY CA 92074-0789 )
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No Transfer Tax Due ) / -- (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Sally Wixted & Andrew Pavelchek ("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 ("PROPERTY" hereinafter). In consideration of the approval of Minor Development
Review 97-63 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the
attached resolution (Exhibit B). 1>;I.I-lIo-'l5
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In the event that Minor Development Review 97-63 expires or is rescinded by City Council at the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:
12/'1/97-
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Dated:
/2-/1/11
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Sally Wixted WN R (Notarize)
~?-
ndrew Pavelchek, OWNER (Notarize)
CITY OF POWAY
Dated: //- /j -qr;
By: ~~ {J7+ - LPv.Ar.> ~
',CAL;FORNIA ALL.PURPclE ACKNOWLEDGMENT .
State of tAL..lfD~~I-A
County of SDJ\ \) I ~bl:>
On D6j\J1.mbpy Lj) I qq,
Date
805
before me,
G
personally appeared J\f\DRu0 -Po..llt-l.c.blX Af'I\'\ SrlILY Lv-.)(,n~
Name(s) 01 Signer(s)
~ personally known to me
o proved to me on the basis of satisfactory evidence
I,
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
- Debr~ C;rr;;ody- f
Comm. '1040689 1'\
NOTARY PU8UC . CAlIFCRNIA'!'O
SAN DIEGO COUNlY
0llnWII. ElrpINe Oct. 2.'. ..
WITNESS my hand and official seal.
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OPTIONAL ~
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other: Top of thumb here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
.
Top of thumb here
Signer Is Representing:
Signer Is Representing:
C 1996 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder. Call Toll-Free 1-800-B76-6827
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LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL MAP 17458, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY.
EXHIBIT A
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RESOLUTION NO. P-97-61
807
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW 97-63 (HILLSIDE/RIDGELlNE)
ASSESSOR'S PARCEL NUMBERS 321-110-45
WHEREAS, Minor Development Review 97-63 (Hillside/Ridgeline), submitted by
Andrew PavelcheklSally Wixted, Applicants, requests approval to construct a 4,644 sq. ft.
house, 1,328 sq. ft. garage plus guest house of 1,345 sq. ft. with a 504 sq. ft. garage on
a 14.9 acre site, at 15545 Westview Rd., west of Mina de Oro Rd. (portion of road off
Highway 67) within the RR-A zone.
WHEREAS, on November 4, 1997, the City Council held a 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: Environmental Findinas:
The previously issued Negative Declaration with Mitigation Measures (indicating no
significant adverse environmental impacts anticipated due to the addition of special
requirements to the project) for Tentative Parcel Map 91-11 adequately addresses the
potential environmental impacts of the proposed development.
Section 2: Findings:
1. The approved project is consistent with the general plan in that it proposes the
construction of a single family residence with garage on property that is designated
for residential use.
2. That the approved development will not have an adverse aesthetic, health, safety
or architecturally related impact upon adjoining properties, in that the residence is
compatible with existing homes in the area and the grading has been designed to
appear natural and minimize visible impacts.
3. That the approved development is in compliance with the Zoning and Grading
Ordinance, in that it complies with the property development standards of the RR-A
zone.
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.
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808
Resolution No. P- 97-61
Page 2
Section 3: Citv Council Decision:
The City Council hereby approves Minor Development Review 97-63 (Hillside/Ridgeline)
subject to the following conditions:
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
1. Within 30 days of approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
2. The use conditionally granted by this permit shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of the surrounding
industrial and open space uses.
3. This conditional use permit shall be subject to annual review by the Director of
Planning Services for compliance with the conditions of approval and to address
concerns that may have occurred during the past year. If the permit is not in
compliance with the conditions of approval, or the Planning Services Department
has received complaints, the required annual review shall be set for a public hearing
before the City Council, to consider modification or revocation of the use permit.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved grading plans on file in the
Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of approval
shall be submitted to the Planning Services Department prior to issuance of grading
and building permits. The guest house square footage shall be reduced by at least
184 square feet to comply with the 25% ratio for the main house versus the guest
house square footage. The kitchen area shown on the guest house floor plan shall
be modified to some other use.
3. Approval of this request shall not waive compliance with the Zoning Ordinance and
all other applicable City Ordinances in effect at the time of grading and building
permit issuance.
4. The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Code, and all other applicable codes and ordinances in effect at the time of building
permit issuance.
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809
Resolution No. P- 97-61
Page 3
5. The applicant shall pay all applicable fees, including school fees at a rate of $1.84
per square foot of assessable space (living area) prior to building permit issuance.
6. The developer shall pay an Affordable Housing In-Lieu Fee in the amount of $4,500
to the Planning Services Department prior to building permit issuance.
7. A covenant shall be recorded that the guest house shall not be rented or leased, the
breezeway shall not be enclosed and a kitchen shall not be installed. A conditional
use permit would be required for the guest house to qualify as a second dwelling
unit.
8. Low-volume plumbing fixtures and low water usage irrigation, shall be installed
within the new residence, the guest house and its surrounding landscaping.
9. Future grading of the hillside portions of the subject lot shall be prohibited unless
approved by the City Council.
10. All pertinent conditions of Resolution No. P-92-63 for Tentative Parcel Map 91-11
(Parcel Map 17458) shall apply, e.g. limiting grading to three acres plus a
reasonable length driveway.
11. The grading on the site shall not exceed three acres plus a reasonable driveway
access.
12. This approval shall become null and void if building permits are not issued for this
project within two years from the date of project approval.
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHAll BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. A grading plan for the development of the property shall be submitted to the City's
Engineering Services Department for review and approval prior to issuance of a
grading permit and start of grading operation. Rough grading of the site must be
completed and shall meet the City's Engineering Services inspector's approval prior
to issuance of a building permit. The grading plan shall be drawn to a scale of 1" = 20'
or larger.
2. A right-of-way permit shall be obtained from the City's Engineering Services
Department for any work to be done within the public street right-of-way or any City-
held easement. Said work shall include, but is not limited to, construction of driveway
approach, sewer lateral installation, water service line installation, and street
construction.
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810
Resolution No. P- 97-61
Page 4
3. Leach field layout or seepage pit layout for the residence sewage disposal system
shall be submitted to the City's Engineering Services 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 had been obtained without a City approved layout, one shall be submitted prior
to installation of leach lines.
4. The following fees shall be paid or a security bond posted prior to issuance of a
building permit. If a security bond is posted, payment of the fees shall be made prior
issuance of a Certificate of Occupancy. Once payment is received in full said security
bond could be released to the applicant.
Traffic Mitigation
= $990.00
Park
= $2,650.00
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. 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 #64.
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. Address shall be required at private driveway
entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained with a spark
arrester.
4. Every building hereafter constructed shall be accessible to fire department apparatus
by way of access roadways with all-weather driving surface of not less than 20 feet
of unobstructed width, with adequate roadway turning radius capable of supporting
the imposed loads of fire apparatus and 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 Municipal Code.
5. Dead end access roadways in excess of 150 feet long shall be provided with
approved provisions for the turning around of Fire Department apparatus. The
minimum width required is 20 feet*, with a 70' diameter cul-de-sac or hammerhead.
[*Curves and topographical conditions could alter the requirements for turnarounds
and the width of accessways.]
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811
Resolution No. P- 97-61
. Page 5
6. The access roadway shall be extended to within 150' 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 as required and approved by the
Chief.
7. This dwelling is being built on a parcel size of 14.9 acres and is beyond 500 feet
maximum from the nearest fire hydrant. The dwelling will have to have standby water
for firefighting and a residential sprinkler system. Contact the Fire Prevention Bureau
for details.
8. A residential fire sprinkler system will be required. Plans shall be submitted to the
Fire Prevention Bureau for approval prior to installation.
9, Both main house and guest house shall be provided with a residential fire sprinkler
system.
10. Driveway shall be an "all weather" surface as per City of Poway Engineering
specifications.
11. A 4" Sch. 80 or galvanized pipe shall run to a point in the driveway from the water
tank with a 2 Yo" national std. thread connection. Contact the Fire Department for
exact location.
12. Water tank shall have a 10,000 gallon capacity.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 4th day of November 1997.
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Don Higginson, Mayor
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ATTEST:
}~ k..-.... t! 7\)(:...j...hL
Marjorie K. Wahlsten, City Clerk
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Resolution No, P- 97-61
. Page 6
812
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO)
I, Ma~orie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of pe~ury, that the foregoing Resolution, No. P-97 -61 , was duly adopted by the
City Council at a meeting of said City Council held on the 4th day of
November , 1997, and that it was so adopted by the following vote:
AYES:
CAFAGNA. EMERY, REXFORD, HIGGINSON
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
GOLDBY
J~"---'- k )'Uo.-i..-;t..-
Marjorie K. Wahlsten, City Clerk
City of Roway
E:ICIT'I\PLANNINGIREPORTlMDRA9763.RES
I hereby certify, under the penalty
of perjury, that the above and
foregoing is a lrue and correct
copy of Resolution No, p-q'l-"',l
as adopted by the Ci~ Council of
Poway, California on the '-l-l-l
day of J-.lcu......L<-- ,19,il.
MARJORIE K. WAHLSTEN, ClTV CLERK
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