Covenant Regarding Real Property 1997-0284980,.
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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
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OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 14.00 FEES:
AF: 19,00
MF: 1. 00
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COVENANT REGARDING REAL PROPERTY
Michael Grant("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-
111.21 ("PROPERTY" hereinafter), In consideration of the approval of Conditional Use Permit 97 -04/Minor
Deveiopment Review 97-12 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 benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Conditional Use Permit 97-04/Minor Development Review 97-12 expires or is
rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record
titie of the PROPERTY,
In the event of litigation to enforce the provisions of this Covenant, the prevaiiing party shall be entitled
to full reimbursement of all costs, including reasonable attorneys' fees. from the other party,
LM~
Michael Grant, OWNER (Notarize)
Dated: t:,-/h- '17
Dated:
b-2-97
"cnYo'~~~
CAL~~ORNIA ALL"PURPosf ACKNOWLEDGMENT
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1041
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County of ~ 'b, ~di)
On J4ne. /~J 199'7
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State of
before me,
Donna s-kyUJ $" lt~rY Pub/I~
Name and Title of OfIicer (e.g., "Jane Doe. Notary Publici
6rtlr'J+
Name(s) 01 Signer(s)
Dale
personally appeared
~ersonallY known to me - OR - 0 proved to me on the basis of satisfactory evidence 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.
^ DONNA STEVENS ~
Comm. .1074025 Q
TARY PU8L1C CAlJFOANIAO
S,t,N DIEGO COUNTV
Comm. Elp. Oct. 1, 1999 4
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
Co/J~na(d
~9ard/f)'j /(ea/ P/O~rJ-y
Number of Pages: :2.
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above: ~J I-y () f fo wal
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
o 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 01 thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
C 1994 National Notary Association -8236 RemmetAve., P.O. Box 7184. Canoga Park. CA 91309-7184
Prod. No. 5907
Aeon:Ier: Call Toll-Free 1-800-876-6827
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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:
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4,
TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY APPROVED AUGUST 29,1890.
Exhibit A
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RESOLUTION NO, P- 97-31
1043
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 97-04/
MINOR DEVELOPMENT REVIEW 97-12 (HILLSIDE/RIDGELlNE)
ASSESSOR'S PARCEL NUMBERS 321-111-21
WHEREAS, Conditional Use Permit 97-04 and Minor Development Review 97-12
(Hillside/Ridgeline), submitted by Michael Grant, Owner, requests approval to allow a
second dwelling unit of 1,493 square feet plus 820 square foot garage/workshop (meeting
the City ordinance criteria for second units) and a main house of 6,725 square feet,
including a partial second story, with a 1236 square foot garage/workshop, tennis court,
and storage/maintenance building within a hillside/ridgeline area on a 17.4 acre site at
15525 Westview Road (off of Highway 67 and Mina de Oro Road), within the RR-A zone.
WHEREAS, on June 10, 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:
Conditional Use Permit 97-04
1, The project is consistent with the General Plan which designates this site for
rural residential use with second dwelling units as an accessory use.
2, That the location, size, design, and operating characteristics of the use are
in accord with the title and purpose of this resolution, the purpose of the land
use designation in which the site is located, and the Poway General Plan; in
that the City Council finds that the subject property meets the criteria for the
approved use with a conditional use permit.
3, That the location, size, design, and operating characteristics of the use will
be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, residents, buildings, structures, or natural resources, in
that the use will be located on a large rural residential lot.
EXHIBIT B
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Resolution No, p- 97-31
Page 2
4. That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, because the site will be developed with a primary residence
and this second dwelling unit along with other site improvements designed
to be compatible with surrounding land uses (existing and proposed),
5. That there are available public facilities, services, and utilities, because the
use will be located in a rural area where all necessary facilities can be
provided on-site or extended in the case of electrical service.
6, That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the use will be located in a rural residential area with
large lots.
7. That the generation of traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that the second unit will generate
up to ten to fifteen vehicular trips per day on roads with low traffic volume.
8. That the site is suitable for the type and intensity of the use, in that it is an
area designated for rural residential use where the second dwelling unit can
be built without adversely affecting the surrounding area.
9. That there will not be significant harmful effects upon environmental quality
and natural resources, in that the area slated for development has been
previously cleared, grubbed and partially graded.
10. That there are no other relevant negative impacts of the development that
cannot be mitigated, in that these factors were considered with the approval
of the tentative parcel map that includes this parcel.
Minor Develooment Review 97-12
1. The approved project is consistent with the general plan in that it proposes the
construction of a single family residence with garage/workshop, second dwelling
unit with garage/workshop, tennis court and storage/maintenance building 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 and
second dwelling unit are compatible with existing homes in the area and the grading
has been designed to appear natural and minimize visible impacts.
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Resolution No. P- 97-31
Page 3
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.
Section 3: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 97-04 and Minor Development
Review 97-12 (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 (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 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.
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Resolution No. P- 97 -31
Page 4
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.
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. All graded slopes greater than 3 feet in height and a 5:1 gradient shall be
landscaped with trees, shrubs and ground cover and a permanent low-volume
irrigation system shall be installed. This shall be accomplished prior to final
occupancy. Graded slopes visible to the valley floor shall not exceed 15 feet in
height.
7. 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.
8. Low-volume plumbing fixtures and low water usage irrigation, shall be installed
within the new residence, the second dwelling unit 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.
11. The grading on the site shall not exceed three acres plus a reasonable driveway
access. The 0.8 acre leach field area shall not count toward the grading total 50
long as revegetation is implemented per the revegetation and monitoring
recommendations of the biologist's report that is on file with the Planning Services
Department.
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
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Resolution No, P- 97 -31
Page 5
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.
3. Leach field layout or seepage pit layout for the residence and second dwelling unit
sewage disposal system(s) 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
Park
= $ 990.00
= $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,
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Resolution No. P-97-31
Page 6
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.]
6. The access roadway shall be extended to within 150' of all portions of the exterior
walls oflhe 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. These dwellings are being built on a parcel size of 17.4 acres and are beyond 500
feet maximum from the nearest fire hydrant. The dwellings will have to have standby
water for firefighting and/or a residential sprinkler systems. Contact the Fire
Prevention Bureau for details.
8. A residential fire sprinkler system with a one-inch meter will be required for each
dwelling. Plans shall be submitted to the Fire Prevention 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).
9. The road to the storage shed shall be widened to 16 feet.
10. Locate a fire department connection (F.D.C,) at the intersection of the "shed access
road" and the residential access road.
11, Both the second dwelling unit and the primary residence shall be provided with fire
sprinkler, separate risers, exterior alarm bells, etc,
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 10th day of June 1997.
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Don Higginson, M';J&'
I hereby certify, under Iho penalty
of perjury, IMI the above and
foregoing is .J true and correct
copy of Resolution No. P-Q7-3/
as adopted by the City Council 0;
Poway, California on the /o"'b
day of ""'Ju". ,19:tI-.
MARJORIE ~ WAHREN, CITY CLERK
b~J,Q, "fQ."
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ATTEST:
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1049
Resolution No. P- 9]-31
Page 7
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO)
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No, P-9] -31 , was duly adopted by the
City Council at a meeting of said City Council held on the 10th day of
June ,1997, and that it was so adopted by the following vote:
AYES:
CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSDN
NOES:
NDNE
ABSTAIN:
NONE
ABSENT:
NONE
k ~~iv
Marjo ie . Wahlsten, City Clerk
City 0 P way
E:ICITYlPLANNINGIREPORTlCUP9704,RES