Covenant Regarding Real Property 1988-278108
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REXXlRDING RmUEST BY':
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1988 JUN 10 AM 8 05
CITYQF :~Y
WHEN REEORDED MArt TO:
CITY 'CLERK
C;iTYOF POWAY
P.O.OOX 789
~Y, CA' 92064
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No Transfer Tax Due
COVENANT 'REGARD~ REI\L PROPERTY
Ma:lJIic~ A. CaIJltIlo and Joyce M. Camilio("~" .h,ereinafter) are the owners
of, :real propertydescribed.in ;Exhilbib,A ,which is, attached, heretgandll\3dea,par,t"
hereof and which is comrronly ,known. as; 16619 orchcl.td Bend Road, poway ('''PROPERTY''
l:1en;,ina:fter). Ih consideration oK the approval of Mirior Cbndit~()nal, Use PE,r1!lit
:8~-"08 and Minor Developrrent Re\liew 8'8-39 'by the, City of Poway (i!CITY"
'heJ::~inafter), &NER hereby covenant,s and agr~s for the, l:Jehefit of the CITY, to
ahiCIe by conditions of the attached resolution (Exhibit B).
This Covenant sha:ll..run with the land and be ,binding upon and inure to the
benefit of the futUre Clwners, encumbrancers, successors ,heirs, personal
representatives, transferees and assigns of' the respective parties.
'OWNER agrees tha,t~' s' duties and obligations \lIl&"r this Covenant are a
lienupoll the property. Upon notice and oppOrtunity ,:t<? re~pond, the CITY Il\3Y
add to the tax bill of 'CNINER, any past due financial obligation owing to CITY BY
way of this Covenant.
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C:NOR-"5-"10.1
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" GENERAL ACKNOWLEDGt~ENT
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" * State of U/I/;h,((JIA-
",' :' County of ~~ lJiL::rro
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~.. 'OFFICIAL SEAL
ROSALIND N. TUNICK
, t, NOTARY PUBlIC,CAlIFORNIA
, " SAN OIEGO COUNTY
, ',' Mv CommISllonE,pw" Aii;"~1989
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2114 Co II C:-lJflJf ~E~/T~.o//,f?
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On this the~-q.ay of A/!A{ 19Q..!, before me, *
55. *
.-g o..J/l I. /'" D H' '~r/ I c.../<....
the undersigned Notary Public, persenally appeared
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ANO JOyce..
[] personally known to me
~ preved to. me en the basis ef satisfactery evidence
to" be the person(s) whese name(s) A t€ ~ subscribed *
to the within instrument, and acknewledged that7i/~'/ *
executed it. /
WITNESS my hand and official seal.
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Signature *
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~CHU)l u: ,\
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:\moun't.of. Ill:,urance::S, 35 000 00
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,JUDO. n, .1973 at, '13,100 ,A.Moo '
I~oiic.y So:'
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Prep.nLl
T. \;;~[ii-c' li( l}'l~Lic("ni':'
SECtTItIT'l PACIfiC NATIOlW. BAn,
a !fad......;" Ba'nldalJ AauodatioD
2. The e-_~tate or inlere5t ill the 'lind d(,~(,I:ihe;I ill Lhi".:5'.hedule ;11ld \\'hi(~l is en.umLered by the in"un.cfmort-
':;i.lge i::,:
4'FIm
J. Thi:' e::,t<1te or inLere~t refel'.rec) to herein i~ 3t D3le of. Poli<:Y':\,l':-'ted ill;
KAUlUCll A. CA.'!ILLO 'O\:IDJIJ'fC1l M. c.uau.o.
biiSbimd lD1d vifo as joiBt t.........lJ
'1. The mn-r:tg:J.ge,.herein referred to, as tP.l' _iji'{i!H'd rilOrlg.1ge. and the a:e:<:ignments ihereof, if any. are de:3cribed
<I:' f,)l!0\\'3:
1'ru8 torr
-rrus tee I,
lIeaa!1c1.ary .
A deed~t t:rut ciated,~,cambar 26, 1972 to seeure 8B indebtednesa of
$35,000.00 ~, anyot:har~ts paY,abla under tho temll thoreof, recorded
JanuarylS, 19n as fila Ho'. 7l-011303.
Hllflil:E A. ~, ~OJOYC1l Jot. CA.'fl~oblSbl!ldllOd vito,
EQUTUllLX 'i'RtisT"COHPA.TI. 11 CalU'orni4Corporatl.o1l.
sECUIUri PACinc ,XUIORAL !WIX" Ii llatJ.......u Raa.k.1ilS Aasodattoa.
~. The "bnd 'ref'~rr~.d to, irj_: this' (iolicy 'is- in tbe Sl3te ,of: Californiu. :C.Junly of" ~8D 'DJ.e.1O
and j" de5-cribed a:" f()liow.::;
~ 7S" of., Greea ValleY EntateaUatt fio. 6,1, in the COtmty of San Mego, State
of Calitorn.la,. accord1Dg to Map thereof N~.3808. f1lediQ the Office of the
Recorder of nud cOaaty of San Diego.
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RESOLUTION NO. P- 88-61
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF f>OWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT '88-08
MINOR DEVELOPMENT REVIEW 88-39
ASSESSOR'S PARCEL NUMBER 275-103-06
WHEREAS, Minor Conditional Use Permit 88-08 and Minor
Development Review 88-39 submitted by Maurice and Joyce Camillo,
applicants, request approval for the construction of a 7~5 square
foot studio behind an existing single-family residence at 16619
Orchard Bend Road in the RR-C zone.
WHEREAS, on May 10, 1988, the City Council held a duly adver-
tised 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: En~ironmental Findings:
The construction of a single-family residence is exempt,
Class 3 under the provisions of CEQA.
Section 2: Finding~:
Minor Conditional Use Permit
1. That the location, size, design, and operating charac-
teristics of the proposed use will be compatible with and
will not adversely affect or be, materially detrimental to
adjacent uses, residences, buildings, structures, or
natural resources, in that the use is accessory to and
compatible with single-family residential development.
2. That the harmony in scale, bulk, coverage, and density is
consistent with adjacent uses, in that as an accessory
structure, the studio is small i'n proportion to the ",'
existing home. The proposed architectural design and
finish materials match the house.
3. That there are available public facilities, services, and
utilities.
4. That there will not be a harmful effect upon desirable
neighborhood characteristics, in that the subject lot is
large and can accommodate the added square footage.
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Resolution No. p_88-6l
Page 2
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That the generation of trafff'c,will not adversely impact
the surrounding streets and/or the City's Circulation
Element because the use remains single-family only.
6. That the site is suitable for the type and intensity of
use or development which is proposed.
7. That there will not be significant harmful effects upon
environmental quality and natural resources.
8. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
9. That the impacts proposed location, size, design, and'
operation Rharacteristics of the proposed use and the con-
ditions under which it would be operated or maintained
will not be detrimental to the public health, safety or
welfare, or ma'terially injurious to properties or improve-
ments in the vic,inity nor be contrary to the adopted
General Plan, in that public facilities including proposed
sewer and water are available to serve the project and the
use is consistent with the General Plan.
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10. That the studio is in compliance with each of the appli-
cable provisions of Ordinance 17.48 (Conditional Use
Permit regulations).
Minor Development Review
1. That the proposed development is in conformance with the
poway General Plan, in that the proposed studio is
accessory to the existing single-family residence.
2. That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact up~p a~joining pr9pertie~, in th?t the architec-
tural style, building material:s, and elevations will be
compatible with the existing residence.
3 .
That the proposed development is in compliance with the
zoning ordinance, in that, it compl ies with the setbacks,
he ight limi t, the other: property development standards
of the RR-C zone, and the Code's provisions for guest
houses.
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4. That the proposed development encourages the orde~ly and
harmonious appearance of structures and property within
the City, in that the studio will be similar in appearance
to the existing residence and adjacent residences.
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Resolution No. P-88-6l
Page 3
Sectibti 3: City Couticil Decisioti:
The City Council hereby approved Minor Conditional Use Permit
88-08 and Minor Development Review 88-39 subject to the
following conditions:
1. Within 30 days of approval, the applicant shall submit in
writing that all conditions of approval have been read and
understood and the property owner shall execute a Notice
of Restriction on Real Property.
2. The appropriate Building Department approvals shall be
received prior to initiation of construction.
3. School impact fees at the rate of $1.50 per square foot
shall be paid at the time of building permit issuance.
4. The applicant shall record a deed restriction which states
that the studi~'will never be leased or rented as a
separate liYing unit and no kitchen facilities shall ever
be installed.
5 .
This approval shall become null and void if building per-
mits are not issued by May 10, 1989.
6. The studio shall be no larger than 735 square feet in area
and shall be architecturally compatible (style, materials,
and colors) with the existing residence.
APPROVED and ADOPTED by the City Council of the City of poway,
State of California, this 10th day of May, 1988.
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Robert . Emery, Mfior
ATTEST:
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Mar orie K.
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Resolution No. P- 88-61
Page 4
STATE OF CALIFORNIA
55.
,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-88-61 ,was duly adopted by the City Council at
a meeting of said City Council held on the 10th day of May
1988, and that it was so adopted by the following vote:
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AYES:
HTGGINSON, KRUSE, TARZY, EMERY
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
BRANNON
Ma~~~
City of poway
Clerk
RjR-5-10.5-8