Covenant Regarding Real Property 1988-202377
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REOJRDING RmUEST BY:
CITY OF POWAY
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ISBa MAY -2 A1~ II' 00
WHEN REOJRDED MAIL 'TO:
I ^,VEi\A L LYL.E 1
L..SOlifHY nECOR()E~
CITY CLERK
CITY OF !a'lAY
P.O. rox 789
POWAY, ~ 92064
No" Transfer Tax Due
(This s ce for'Recorder's use)
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aJVENI\NT REX:iARDING REAL PROPERTY
Dennis Cavins ("a-lNER" hereinafter) is the, owner of real property described
in Exhibit A which is attached hereto and oodeapart hereof and which is com-
rronly known as lJ::lt 60 of City of Poway Tract 81-01, Unit 1 ("PROPERTY"
hereinafter). In consideration of the approval of'Minor Conditional Use
Permit 88-05 by the City of PcMay ("CITY" hereinafter), a-lNER hereby covenants
and agrees for the benefit of the CITY, 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
benef i t of the future owners" encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
a-lNER agrees that a-lNER' s duties and obligations under this Covenant are a
lien upon the Property. Up::>n notice and opportunIty to respond, the CITY ooy
add to the tax bill of 'OWNER any past due finanCial obligation owing to CITY BY
way of this Covenant.
If either party is required to incur costs to eI1force the provisions of this
Covenant, the prevailing party shall be entitled to full reimburserrent of all
costs, including reasonable attorneys' fees, from the other party. The CITY ooy
assign to persons impacted by tJ1e, perfonnance of this Covenant the right to
enforce this Covenant against a-lNER.
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Dated:
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(Notari ze)
Dated:
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CITY OF POWAY
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(No need to Nota ze)
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"The land referred to 'herein 1& s1tuated in the Si:ate of Cal1fornia, Co.unty of
San Diego, and is described as folloWS:
Lot 60 of CITY OF POWAY TRACT NO. 81-01 UNIT I, in the City of Poway, County of
San Diego, State of California, according to Map, thereof No. 11037, filed in the
Office of the County Recorder of San Diego County, September 14, 1984.
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RESOLUTION NO. p-88-29
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MI~OR CONDITIONAL USE PERMIT 88-05
ASSESS'OR'S PARCEL NUMBER 273.-911-37
WHEREAS, Minor Conditional Use Permit 88-05, submitted by
Paul Bishop, applicant, requests approval to construct a 270
square foot guest house for a single family home at 12988
Solera Way in the the RR-C (Rural Residential Cl zone; and
WHEREAS, 6n March 22, 1988, the City Council held a duly
advertised 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: Environmental Findings:
This project is Categorically Exempt Class 3 - a small struc-
ture, under the provisions of CEQA..
Section 2: Flndings:
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 detri-
mental to adjacent uses, residences, buildings, struc-
tures, or natural resources, in that the use is
accessory to and compatible with single family resi-
dential development.
2. That the harmony in scale, bulki coverage, and density
is consistent with adjaceht uses, in th~t as an
accessory structure, the guest house is small in pro-
portion to the existing home. The proposed architec-
tural 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 very large and can accommodate the added square
footage.
5. That the generation of traffic will not adversely
impact the surrounding streets and/or the City's
Circulation Element because the use remains single-
family only.
EXHiIBIT "B"
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Resolution No. P-88-29
Page 2
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 th~
proposed use that cannot be mitig~ted.
9. That the location, size, design, and operating charac-
teristics or the proposed use and the conditions under
which ,it would be' operated or maintained will not be
detrimental to the public health, safety or welfare, or
materiall~ injurious to properties or improvements in the
vicini ty nor he 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 con-
sistent with the General Plan.
10. That the guest house is in compliance with each of the
applicable provisions of Ordinance 17.48 (conditional use
permit regulations)..
Section 3: City Council Decision:
The City Council hereby approves Minor Conditional Use Permit
88-05 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 guest house will never be leased or rented as a
separate living unit and no kitchen shall ever be
installed.
5. This approval shall become null and void if building per-
mits are not issued by March 22, 1989.
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Resolution No. P-88-29
Page 3
APPROVED and ADOPTED by the City Council
State of California, this 22nd day of March,
City of Poway,
ATTEST:
'Jl1a~ k tA)(v~'Y
Marjorie K. Wahlsten, City Clerk
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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-88-29, was duly adopted by the City Council at a
meeting of said City council held on the 22nd day of March
1988, and that it was so adopted by the following vote:
AYES:
Brannon, Higginson, Kruse, Emery
NOES:
None
ABSTAIN: None
ABSENT: Tarzy
R/R-3-22.18-20
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Marjorie K~Wahlsten','O City
City of poway' '~
Clerk
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