Covenant Regarding Real Property 1988-653289
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REOJRoINGREi;:)UEST BY:
CITY OF. PCWAY
08,13
WHEN REOJRDED MAIL 'ro:
,CITY CLERK
CITY OF. PCWAY
,P.O. OOX 789
,PCWAY, CA 92064
No Transfer Tax Due
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l'~ ~OUHrY RECORO~
(This s ce ,for Recorder's use)
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CDVENANI' REXiARDING REAL ,PROPERTY
SycarroreCreek Associates, A California Limited partnership ,("~"
hereinafter) is the owner of real property described in Exhibit A which is
_ '_atotached-heretoand_inade a part, hereof. and which-is COIl1lOnly ,khOwn-as Assessor! s-- ,
Parcel Numbers 323-071-07, 08, and 323-080-01 ("PROPERTY" hereinafter). In con-
siderationof the approval of Developrent Review 88-08, Variance B8~06, and
Temporary Use permit 88-39 by the City of Poway ("CITY" hereinafter), avNER
hereby covenants and agrees for the benefit of the CITY, to abide by conditions
of the attached r,esolution (Exhibit B).
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This Covenant shall run wij;h 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.
a-lNER agrees that a-lNER I s duties and obligatio~s under this Covenant are a
lien upon the property. Upon notice and opportunity to respond, the CITY may
add to the tax bill of a-lNER any past due financial obligation owing to CITY BY
way of this Covenant.
If ei ther party is required to in= costs to enforce the provisions of this
Covenant, the prevaiiing party shall be entitled to fuil reimburserrent of all
costs, including reasonable ,attorneys' fees, fran the other party. The CITY may
assign to, persons impacted ,l5y the performance . Covenant the right to
enforce this Covenant against a-lNER.
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Dated:
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Dated:
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DOBRON, PRESIDENT
CITY OF. PCWAY
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STATE OF CALIFORNIA
COUNTY OF __s,a!L-Die.go
Qn December 8 ,~9_88
Thomas
s~jd State. personally appeared
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,before me, the undersigned, a Notary Public in and tor
Dobron ~~
the corporation therein named, and acknowleqged to me that
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
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s;gnatur~~/211L~tCWd(
(This area for official notarial seal)
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~~~ HEDULE A PAGE NO. 2
~LEGAL DESCR~PTION
C "NO. 111171-05 0815
/THE NORTH HALF OF T,HE NORTHWES'T QUARTER OF: SECTION 16; NORTHEAST QUARTER OF
THE No~i~EASt QUARTER AND THE SOUTH HALF O~ T~E-NORTHEAST QUARTER OF SEC-
TION 17, ALL BEING IN TOWt;lSHIP 14 SOUTH, RANGE 1 WEST,' SAN BERNARDINO MERI-
OJ:.AN, IN ;THE COUNTY OF SAN DHl':O, STATE OF CALIFORNIA ACCORDING TO UNITED
STATES GOVERNMENT^ SURVEY.
EXCEPTING FROM THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SEC-
TION 17 THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
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BEGI'NNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF SECTION 17,
RUNNIN'G ':THENCE SOUTH 88'23'30"EAST ALONG THE SOUTH LINE OF SAID NORTHEAST
QUARTER 40.04 FEET TO 'INTERSECT 'WITH A LINE THA'T ^is PARALLEL, WUH. AND'
DISTANT 40.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, ,FROM THE WEST LINE
OF" SAID NORTHEAST QUARTER; THENCE CONTINUING SOUTH 88'23'30" EAST ALONG
SAtD' SOUTH LINE -750,.00 FEET TO TH'E TRUE POINT OF BEGINNING,; THENCE
_RE-T,RAC,r.NG_NORiJ:H,^8B,,,23.!.30~__WEST_ALONG_,SAID SOUTtL LINE, 750,.,00 _F.EU;' THENCE~_~
NORTH 00'56'00' WEST PARALLEL WITH AND DISTANT 40.00 ,FEET EASTERLY,
MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID NORTHEAST QUARTER A
, . . "
DISTANCE OF 1387.6C ~EiT, MORE OR LESS TO THENORT~ LINE OF SAID jOUTHWE~T
QUARTER OF NORTHEAST QUARTER; THENCE SOUTH 87'OI'00"EAST ALONG SAID NORTH
LINE 79D.,3 FEET, MORE OR LESS TO AN INTERSECTION WITH ~ LINE WHICH BEARS
NORTH 0'0'43 '00" EAST FROM THE TRUE POINT OF .BEGINNING'; THENCE SOUTrH
00'43'00" WEST 1366.5 FEET, MORE OR LESS, TO'THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING FROM THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 17, THE WESTERLY RECTANGULAR 40.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM ALL WATER AND WATER RIGHTS IN AND UNDER SAID PRO-
PERTY, OR THAT MAY BE PRODUCED FROM A DEPTH OF 190 FEET OR MORE BELOW THE
SURFACE, BUT WITHOUT THE .RIGHT OF SURFACE ENTRY.
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RESOLUTION NOrP-88-88
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 88-08,
VARIANCE 88-06" AND
TEMPORARY USE PERMIT 88-39
ASSESSOR'S PARCEL NUMBERS 323-071-07, 08, AND 323-080-01
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WHEREAS, Development Review 88-06, ~ariance 88-06, and
Temporary Use Permit 88-39, submitted by Sunland Housing Group,
~pplicant, requests ~pproval of (1) a development review to allow
the construction of 79 single-family dwellings in Tentative Tract
Map 83-02; (2) a variance for a five foot reduction of the required
2;;, foot front yard on Lot 120; and (3) a temporary use permit to
a'llow the use of three of the dwellings as a model home complex, f.or
property located approximately liOOO feet east of the easteriy ter-
minus of Garden Road, in the PRD (Planned,Residential Development)
zone; and
WHEREAS, on Augpst 9, 1988, the City Council held a hearing on
the above-referenced item.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findings:
1. The City Council finds that,Development Review 88-08 will
not have significant adverse impact on the environment and
hereby issues a Negative Declaration.
2. The City Council finds that Variance 88-06 is exempt from
Environmental Review. It qualifies for a Class 5 cate-
gorical exemption because the variance is a minor altera-
tion to land use limitations.
3. The City Council finds that Temporary Use Permit 88-39 is
categorically exempt from environmental review because ,it
is a !)linor temporary use: which will have no permanent
effect on the environment (Class 4).
Section 2: Findings:
Development Review 88-08
1. That the proposed development is in conformance with the
poway General Plan, because it proposes single family
residential uses consistent wi th the .General Plan designa-
tion of PRD.
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0817
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Resolution No'. P-8B-88
'Page 2
2. That th'e proposed developmen,t wi 1.1 not have an adverse
aesthetic ihe-a'lth,' safety, or architecturally related
impactupori, adJoining proper,ties! because roof lines,
materials, ,and building loc'atioris, will be varied., and the
colors, architectural styles, and building materials are
compatfble'with nearby development~ and consistent ~it6
General Plan design guidelines.
}. That the proposed development re~ie~ is in compli~nce with
the Zoning Ordinance, in that the projec,t generally meets
all applicable devel.opment standar,cls ,of; the, 'P1W zone.,..
4,. That'the propos'ed developmentencotir'ages the orderly and
harmonious appearance of structures and property within
the CitY, because it is similar to, and complements other
projects.
Variance 88-06
1. There are special circumstances'applicable to the prop,erty
(si ze, shape, topography, 10cati'Ori, or surroundings), or
the intendedu.se of the property, and because of this, the
strict apphcation of the Zoning :Ordinance deprives the
property oft privileges enjoyed by .other properties in the
vicini ty und'er identical zoning 'c'(assi'f,ications.
,The speciai circumstances consist ,of the substandard' lot
depth.
2. Granting the variance or itsmodif,icat:Lon is necessary for
the preservation and enjoyment of a substantial property
right po'ssessed by other property ,In ~I1,esam~ vicinity and
zoneanddeni'eclto the property 'forwhicn' the variance is
sought.
Gran,ting of th~ va.ri,ance wi 11. all.ov,' the applicant to plot
the, home on Lot '12.0 so '!Is to m<iximi zethe"usable rear yard
area whi.ch is :0" right Which ,will b'eerij.oyed by. other lots
wi ths i.milar :bui idl ri:gpadarea iathe 's'tib ject tract.
3. Grari'ting .the var'l:ance, or i,tsmod'ification will not be
materially detr imen,talto the'puplic health, safety or
welfare, or injur,ious to the ,property or improvements in
such vicinity and zone i.n which the property is located.
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ResOlution No. P-B8-88
Page 3
Because of the minimal size of the encroachment (five
feet), there will be no detrimental impact on public
safety or welfare, and the modification will not be
injurious to other property in the vicinity.
4.
The granting of this variance does not constitute a spe-
cial privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which such
property is situated.
The variance will not constitute a special privilege
because many other homes in the tract will observe 18 foot
front yards and the subject lot wilt observe a 20 foot
front, yard.
5. The granting of this variance does not allow use or acti-
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vity which is not otherwise expressly authorized by the,
zoning regulation governing the parcel of property.
Single family uses are permitted in the PRO zone.
6. That granting the variance or its modification will not be
incompatible'with the City of Poway General Plan.
Due to the minor nature of the variance requested, no
adverse impact on the General Plan is anticipated.
Temporary Use Permit 88-39
That the proposed model home compl~x complies with the purposes
and standards contained in Section 17.,26.020 of the Zon'ing
Development Code.
Section 3: City Council Decision:
The City Council hereby approves Development Review 88-08,
Variance B8-06, and Temporary Use Permit 88-39 subject to the
following conditions:
1. Wi,thin '3D 'days of approval: O} The applicant shall sub-
mit in writing that all conditions of approval have been
read and understood; 'and (2) the property owner shall exe-
cute a Notice of Restriction on Real Property.
2.
All conditions of Resolution No. P-83-50 (TTM 83-02) shall
apply except as modified in this resolution.
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Resolution No. P-88-88
Page 4
3 .
A development plan illustrating the placement of specific
archi tectural elevations, placemen;t of various roof colors
and materials, and the location and sequence of the five
different color schemes shall be submitted to and approved
by the Dir,ector of Planning Services prior to the issuance
of building permits.
4.
The developer shall include within the CC&R,'s a cohditioh
requiring property owners to participate in a Landscape
Maintenance District.
5 .
The d~veloper shall include with the CC'R's a, condition
requiring the installation of front yard landscaping by
each property owner within 120 days of the close of eS,crow
with that condition to be enforced by the developer.
Landscape easements shall be recorded f~r those portions
of the project site which are to be graded, planted, and
permanently irr,igated and are not located on one of the
lots scheduled, to be developed as a part of this tract.
Portions oJ the following lots shall have landscape
easements recor"ded prior to issuance of building permits
as shown on the landscaping plans approved with DR 87-15:
a. Portions of Lot 165 adjoining Garden Road.
b. Portions of Lot 166 which adjoin Hidden Valley Drive
and the, access road to Lot D.
7. Landscape Maintenance District i~provements shall b~
installed and accepted prior to occupancy of any dwelling
uni t ,to the satisf'action" of the' Director of Community
Services.
8. Six-fo,ot high solid wood fencing ;shallbe installed along
or behind the front yard ::;etback line extending from house
to ,house and along the side an'q rear 'property 'li nes.
Backyard fehcin'g, may ,be: ~'ocate'd either at th~ top or toe
of the slopes which adjoin the building pads providing
that the locat'ion is uniform from lot to'lot. The
Director of Planning 'Services may approve an op'en ,fence
rather than sofid wood fence on lots ,where views will be
affected.
9. Should the applicant choose to utilize a, temporary sales
trailer, a temporary use permit shall first be obtained
from the Planning Services Department.
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Resolution No. P- B8-8B
Page 5
10. The model home/sales office complex shall be allowed for a
maximum of t~o years or until 90 percent of the homes in
the subdivision are sold, whichever is less.
11. Any trash and debris shall be removed from the site to the
satisfaction of the Director o~ Public Services prior to
the issuance of building permits for the model homes.
12. All wells located within the right-of-way on the sHe
shall be abandoned and capped per County of San Diego
standards prior to final occupancy.
13., Th,!= developer shall pre-plumb each hO,use for a solar hot
water heating sY,stem in accordance with City of poway
Municipal Code Section 15.02.090.
14. The model home/sales office complex use shall be allowed
for a maximum of two years o~ ~ntil 90 percent of the
homes within the subdivision are sold, whichever is less.
15. All off-site road, sewer, water, and drainage improvements
shall be completed prior to issuance of building permits.
16. The two neighborhood parks within the project shall be
improved to the satisfaction of the Director of Community
Services.
17. Roof covering shall meet Class A f i're retardant testing as
'specified in the Uniform Building Standards No. 32-7 for
fir,e retardan't roof covering materials, per City of. poway.
Ordinance No. 64.
18. Approved numbers ~r addresse~ ihall be placed on the
building in such a position as to be plainly visible and
legible fr,omthe street fronting the property. Said num-
bers shall contrast wi.th their background. Address may b,e
required at prii vate dr i.v:eway ehtranc,es.
19. Each chimney used in conjunct,ef-on with any fireplace shall
be maintained with a spark ar~ester.
20. Plans for each model 'home shall be submitted to and
approved by the Department of Saiety Services prior to
cor'-struction.
21. Plans for the garage which will be used as a sales office
shall be submitte~ to the Department of Safety Services
fbr approval, as a B2 tenant improvement.
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Resollltion No. P- 88-88
Page 6
22.
A final i'nsoection of the sales office is required prior
to occupancy..
23.
Prior to i"s~;uance of a Certif:icate of Occupancy for the
buildings on tots 162, 163, and 164, the developer shall
submit a tr;affic plan for construction vehicles wi,th'inthe
tract. Th'e traffic plan shall be subject to re,vie'w arid
approval by the' Ci ty Eng ineer.
24. Development fees which are ~ue prior to building permit
issuance, shall be paid at the times specif ied by the
resoTution of approval for TTM 83-02. '
APPLICANT ,SHALL CONTACTT,IlE DEPARTMENT ,OJ;'PL'ANNING, AND BUILDING
SERV-ICES REGARDING COMPLI'ANCE WITH THE F0LLOWIN,GCONDITIONS:
A,. SITE DEVELOPMENT
1. Site shall be ,developed in accordahc:e wi th vhe approved site
plans on file in, the Planning Services DepaTtment and the con-
di'tions conta,i'hedherein.
2. ~,oproval of this request shall not waiv,e compliance with all
sections of the Zohing Development Code and ,all other aooli-
cable City Ordin~hces in effect at the time of building permit
issuance.
3. The developer ishaXI provide a minimUm of 25% of the lot,S with
adequate sideya,rd area for recreat:ion vehicle storage pursuant'
to City standards", and the C.C.&R. "s;shall orohibit, the ,stor~ge
of recreatioqal v~hicles in the required front yard ~etb~ck.
4; eMail boxesron', lots 10',000 square fe-et' or le'ss in size and in
areas '"here sidewalks are required, shall be installed and
located by the developer subject to a'p'pr,oval 'by the Planning'
,Ser,vices Department. "
5. The applicarit ,shallcdmpl,y wi,th the latest ,adopted Unl'rorm
3uild'fng Cdde i Un'ifc5rrir Mechan;ical Code, Uni'formPlumbing Code"
clational S'lectr,l,cCode', Uniform F'ire Code, and all other appli-
c'a'ble,codes and ord'inances in-2ffect at the time of building
p'er~1\i,tissuance .
6. Prior 'to, delivery of combustible buildi'ng materials on site,
',-I"te"c,~nd sewer systems shall satisfa9toril'y?ass all required
tests ,anobe connected to the public ',-Iat'er and sevier systems.
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0822
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Resolution No. P-88-88
Page 7
In addition, the first lift of asphalt 'paving shall be in place
to provide adequate, permanent ,access for emergency vehicles.
The final lift of asphalt shall not be installed until all
other construct,ion activity has been substantially completed to
the satisfaction Df the City.
7.,
For a new resident'ial dwelling unit;(.s), the applicant ,s,halI pay
development fe,es at the established, ra,te. Such fees may,'
i'ncl\1de i but n'i:Jt be limited to : Permit and plan -ChecknlgFees,
School Fees (in accordance with City-adopted policy and/or
ot'dinance or, existing agTeement with the school dis,tr,ic,tJ,
W'ater and, Se"er Service Fees . These fees shall be paid pri':or
to building permi~ issuance.
8. Thisapp'roval shall become null and void if building permits
are nati'ssued forthts project within one yeaT from the date
of proj~ci approval.
9. Building identif.'ication and/or addresses shall be placed on all
new dwellings so as to be plainly visible from the street or
access road; color of identification and/or addresses shall
contrast with their background color.
B. PARKING AND VEHICULAR ACCESS - NONE
C. LANDSCAPING - NONE
D. SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
E. RECR.EATION
An open space easement shall be granted to the City over~ upon,
ac:ross and under the area defined op the finaL maps as an '
equestFian tra,i,I and no building, s'tTuctures or other thi,lgs
,shal,l be constructed, erected, 9.1a'9,e,d or mainta'in'ed on 'subject
easements exceR,t for the cons,t:rucj:ion and 'maintenance of said
trail andstructure~ apPuTtenant to the trail.
F. EXISTING: STRUCTURES - ,NONE
G. ADDITIONAL APPROVALS REQUIRED - NONE
1. The deveioPershal1 display a current Zoning and Land Use Map
in the sales office at all times, and/or suitable alternative
to the satisfaction of the Director of Planning Services.
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Res,aJutian No.. p- 88-88
Page 8
2. When public ar pfivate equestriap/pedestrian trails are
required as ,a part, of the subdivisi'o.Q,' the develaper shall
display a map in the sales affice, af ~aid subdivision, indi-
cating the trail~.
3. ~ll sales maps that are distributed ar ,made available to. the
'pu~lic shall include, but nat be limited to. trails, future and
existing schaals, parks, and stree,ts,.
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. GRADING - NONE
I .$TREETSAND SIDEWALKS - NONE
J. DRAINAGE AND FLOOD CONTROL - NONE
K.UTILITIES - NONE
L. GENERAL REQUIREMENTS AND APPROVALS - NONE
APPROVED and ADOPTED by the CLtv
State af Califarnia, this 9th day of
Cauncil af the City af Paway,
~ugust, 1988. .
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Rabert C. Emery, Maytrr
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ATTEST:
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Marjarie\K. Wahlst'en, City Clerk
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Re~6Lution No. P-8B-88
page 9
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
Re,sol'uUon, No. P-88-88 , was duly adop,ted by the City CouncU at
a me'edng of said City Council ,held on-the 9th -day-of-Auqust
1988, and that it was so adopted by the following vote:
AYES:
BRANNON,HIGGINSON, KRUSE, TARZY, EMERY
NOES:
NONE
,l\BSTAIN:
NONE
ABSENT:
NONE
R/R-8-9.17-24A
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Marjbtie\ K. Wihlsten, City Clerk
City o~ poway
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