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Covenant Regarding Real Property 1997-0284980,. . 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 1~~~_t~~~-O~~1~~OAM 1040 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF: 14.00 FEES: AF: 19,00 MF: 1. 00 34. 00 ) ) ) ) ) ) ) ) ) lli ) ) ~\J\ (This space for Recorder's Use) 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 In the event that Conditional Use Permit 97-04/Minor Development Review 97-12 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record titie of the PROPERTY, In the event of litigation to enforce the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 . 1041 r!.a../, ~rn/~ County of ~ 'b, ~di) On J4ne. /~J 199'7 /L/it'-haeJ ,4. 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. ~~ 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 . . . . 1u42 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 '. . . 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 . . 1044 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. . . 1045 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. . . 1046 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 . .047 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, " . . 1048 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. ~~.. 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." ~~~ ATTEST: " . . 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