Covenant Regarding Real Property 1999-06872279i
4m
RECORUINGREQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
No Transfer Tax Due
DOG 0 1999 - 0687227
OCT 12P 1999 8 :30
OFFICIAL REM
SAN DIEGO COITY RECORDER'S OFFICE
IEOORY J. SMITH, COIINTY RECORDER
FEES: 28.00
(This space forRecorder's Use)
COVENANT REGARDING REAL PROPERTY
San Dieguito River Valley Regional Open Space ,Park Joint Powers Authority
( "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 272 - 150 -24 ( "PROPERTY" hereinafter). In consideration of the:approval
of Environmentai''Assessment and', Conditional Use Permit '99-04, San Dieguito River
Valley Regional Open Space Park, 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 Environmental Assessment and Conditional Use Permit 99 -04, -San
Dieguito River Valley Regionial Open Space Park, expires or is rescinded by the City
Council at the request'of the.OWNER, CITY shall expunge this Covenant from the record
title of the PROPERTY.
In the event of litigation to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs; including - reasonable attorneys'
fees, from the other party.
Dated:
San Dieguito River Valley Region Open Space
Park Joint'Powers- Authority, 0, NER (Notarize)
a CITY OF POWAY
Dated: D. Z� lei By: �� / .
N: \PLANNING \99REPORT\CUP9904.COV.
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CdLIFORN
State of C N
County of to
EDGMENT •
On 2 before me,
li Date Name le o Off d.g D , No ry PublcI
personally appeared b1CF. 2066{tA
Namelsl of Signer(sl
personally known to me
proved to me on the basis of satisfactory evidence
to be the persory(sjwhose name is subscribed to the
with in.instrumentand knowledge o me th�AsheAthey
executed the same i , hi A%erA *eir authorized capacity( ,
and that by hi laerAipeu signature(�f on the instrument the
persoor the entity upon be half of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
1-7 'ignature 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
Title or Type of Document:
Document Date:
Signer(s) Other
Capacity(ies)
by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
Guardian or Con erva or
Other: J U Top of thumb here
Signer Is Representing:
e.�• ►ttr
Signer's Name:
• Individual
• Corporate Officer
Title(s):
El
of Pages: IT
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee '
Guardian or Conservator
Other:
Signer Is Representing
RIG OF SIGNER
MRPRIN7
OF SGNER
C 1996 National Notary Association • 8236 Remoter Ave., PO. Box 7184 • Canoga Park, CA 91309 -7184 Prod, No. 5907 Reorder. Call Toll-Free 1- 800 -876 -6827
SUSAN MORGAN
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COMM. * 1203853
(3 tee'
NOTARY PUBLIC - CALIFORNIA
In
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SAN DIEGO COUNTY
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COMM. EXP. DEC. 6, 2002
personally known to me
proved to me on the basis of satisfactory evidence
to be the persory(sjwhose name is subscribed to the
with in.instrumentand knowledge o me th�AsheAthey
executed the same i , hi A%erA *eir authorized capacity( ,
and that by hi laerAipeu signature(�f on the instrument the
persoor the entity upon be half of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
1-7 'ignature 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
Title or Type of Document:
Document Date:
Signer(s) Other
Capacity(ies)
by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
Guardian or Con erva or
Other: J U Top of thumb here
Signer Is Representing:
e.�• ►ttr
Signer's Name:
• Individual
• Corporate Officer
Title(s):
El
of Pages: IT
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee '
Guardian or Conservator
Other:
Signer Is Representing
RIG OF SIGNER
MRPRIN7
OF SGNER
C 1996 National Notary Association • 8236 Remoter Ave., PO. Box 7184 • Canoga Park, CA 91309 -7184 Prod, No. 5907 Reorder. Call Toll-Free 1- 800 -876 -6827
0 •
EXHIBIT A
Legal Description
A portion of Lot 3 and,the Southeast Quarter of Section 13, Township 13 South, Range 2
West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of
California, according.to Official Plat thereof.
APN: 272 - 150 -24
0 EXHIBIT B 0
RESOLUTION NO. P- 99 -69
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 99 -04
ASSESSOR'S PARCEL NUMBER 272 - 150 -24
WHEREAS, Conditional Use Permit 99 -04 submitted by the San Dieguito River
Valley .Regional Open Space Park Joint Powers Authority (JPA) requests to utilize an
existing residence located at 18372 Sycamore Creek Road, in the Rural Residential -A
zone, as the administrative office for the San Dieguito River Valley Regional Open Space
Park Joint Powers Authority; and
WHEREAS, on September 7, 1999, the City Council held a hearing on the above
referenced item; and
WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90 -day period to protest the imposition of any fee, dedication,
reservation, or other exaction described in this resolution begins on the. effective date of
this resolution and any such protest must be in a manner that complies with Section 66020;
and
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
The City Council finds that this project will not have &significant adverse impact on
the environment and issues a Negative Declaration.
The approved project is consistent with the General Plan in parks and
accessory structures and uses are permitted'within residential zones with the
approval of a conditional use permit..
2: That the approved development will not have adverse aesthetic, health,
safety; or architecturally related impacts upon adjoining properties, in that
no significant exterior architectural changes are anticipated and therefore
the`tiuilding remains compatible in size, scale and architectural style to the
surrounding residential development.
3. That the approved development is in compliance with the Zoning Ordinance,
in that it complies with the setbacks, structure height limits, and all other
property development standards of the Rural Residential A zone.
0
Resolution No. P -99 -69
Page 2
4. That the approved development encourages the orderly and harmonious
appearance.ofstructures and property-within the City, in that the structures
have been designed to be compatible in scale, size, and design with the
surrounding properties.
5. That there are public facilities and electricity available to service the project.
6. That •the site is suitable for the type and intensity of use and development
proposed in that the site and house are consistent in size with the
surrounding residential development.
7. That there will not be significant harmful effects upon environmental. quality
and natural resources in that the project will only modify the interior use of
the existing residence and will not impact the on -site natural drainage or
vegetation.
8. That there are no other relevant negative impacts of the development that
cannot be mitigated.
The City Council hereby approves Conditional Use Permit 99 -04 subject to the
following conditions:
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
surrounding residential uses.
3. This conditional use permit shall be subject to a biannual review by the
Director of Development Services for compliance with the conditions of
approval and to address concerns that may have,occurred during the past
six months. If the permittee is not in compliance with the conditions of
approval, or the Development Services Department has received complaints,
the required review shall be set for a public hearing before the City Council
to consider modification or revocation of the use permit. The biannual review
shall last for a two year period, after which it -will revert to an annual review
period. A traffic count will be conducted, in association with the six month
review process, to ensure compliance with the estimated number of vehicle
trips anticipated by the project.
. • 5
•
Resolution No. P- 99 -69
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS,IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES.
• -u
1. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
2. This approval shall become null and void if building permits are not finalized for this
project within two years from the date of project approval.
3. The occupancy of the facility shall be limited to seven employees on weekdays and
a maximum of four employees on weekends.
4. The hours of operation shall be limited to 7:00 a.m. to 6:00 p.m. daily. The facility
shall not be open to the public on weekends or holidays.
5. Exterior parking lot lights are not permitted.
6. No camping or outdoor uses are permitted.
7. A maximum of ten paved parking spaces will be permitted. A revision to the
conditional use, permit. will be required to consider any,significant relocation or
request for additional parking.
8. The JPA will minimize the, number of non- employee vehicle trips on Sycamore
Creek Road by encouraging that meetings be conducted in another location
9. Site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the conditions contained herein.
10. Existing on -site trees shall'be retained wherever possible and shall be maintained
in a horticulturally:acceptable manner. California Sycamore and native oak trees
shall be preserved.
11. All landscaped areas.shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. The trees shall be encouraged and allowed to retain
a natural form. Pruning should be restricted to maintain the health of the trees and
to protect the public safety. Unnatural or excessive pruning, including topping, is
not permitted.
Resolution No. P- 99 -69
Page 4
12. Should there be, a conflict with access rights associated with the private road
easement, the >.existing parking spaces shall 'be abandoned, and relocated off the
easement to the designated future parking location noted in the site plan.
13. The applicant shall offer the dedication a.20 -foot wide pedestrian /equestrian trail
easement to the City of Poway once an alignment has been established, subject to
the satisfaction of the Director of Public Services, across the rear of the subject
property
14. Approval of this request shall not waive compliance with all sections of the Poway
Development Standards, the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of building permit issuance.
15. The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code; Uniform Fire
Code,'Requirementsmf the American with Disabilities Act, and all other applicable
codes and ordinances in effect at the time of building permit issuance.
16. Water, septic and fire protection systems shall be designed and constructed to
meet the requirements of the City of Poway, and the County of San Diego
Department of Health.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
17. Install .a 10,000 gallon water tank with a 4 -inch underground pipe with a 2'/z inch
National Standard Thread discharge located on a riser.
18. Install a 2A:1DBC " fire 'extinguisher in the office.
19. Applicantshall place six -inch address numbers on the structure to the satisfaction
of the Fire Inspector.
Resolution No. P- 99 -69
Page 5
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 7th day of September 1999.
ATTEST:
Lori Anne Peoples, City
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I hereby certify, under th@ Penalty of
perjury. fhat the obov@ and
foregoing Is a MID and corr @ct copy
of RewkMon No. - 6.
oa odopfed by the ply CMM# of
�� •�• .�.i,.i ..�.: .. X11 ��
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P- 99 -69 was duly adopted by the City
Council at a meeting of said,City Council held on the 7th day of September, 1999, and that
it was so adopted °by the following vote:
AYES: EMERY, REXFORD, CAFAGNA
NOES: GOLDBY, HIGGINSON
ABSTAIN: NON
ABSENT: NONE
����� €�•h l �'��..',�,o...c, I, ter•- �'�l�•�/
Lo�i'Anne ,Peoples, City Clerk
City of Poway
N:\CITY\PLANNING\99REPORT\CUP9904.RES