Covenant Regarding Real Property 2000-0219549~UEST BY:
TO:
CITY CLERK
POWAY C'
No Transfer Tax Due
DOC , 2000-0219549
APR 28, 2000 8:14 AM
OFFICIO. EQ]RE~
DIEGO C80NTY RF.~OF..R'8 OFFICE
GREr.~R~ J ~MITH, []St&q'Y EI~RE.R
ES: 25
00-
and an
.t, Owners,
bathroom/
This
owners,
run with
heirs, personal
inure
transferees and assigns of the
In the event that building permits are never obtained to construct the proposed study with
If either party'
The CITY
Dated:
Sharon Irer~H~e y,,
Dated:
Niall Fritz,
CALIFORNIA ALL-PURe-)SE ACKNOWLEDGMENT
State of ~.e~'~ ~
County of .~t~. '6
On ~ before me PoL) ~O~vt-c
personally appeared --~H N c , f"~ E
WITNESS
57?5
]nature(s)
'ly(ies).
ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~..z~'~ ~,.,'~.
On /~. ~
personally appeared
person(s)
acted,
¥(ies),
EXemPT ^ 5 7 '7 6
Legal Description
THE WESTERLY 126.00 FEET OF THE EASTERLY 487.48 FEET OF THE SOUTHERLY
180.74 FEET OF THE NC FEET OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 14, SOUTH, RANGE 2 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXHIBIT B
RESOLUTION NO. P- 00-21
5777
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99~23
ASSESSOR'S PARCEL NUMBER 314-650-09
WHEREAS, Vadance 99-23 submitted by John Heafey, applicant, requests a
variance to allow a 1,100 square foot addil' ~1 of 400 square feet of added living
space and a 700 square foot garage to observe a 10 fool street side yard setback when
a 20 foot street side yard setback is required in th :1 a 31 foot front yard setback
when a 40 foot front yard setback is required in the zone. The property is located at 14938
Budwin Lane within the Rural Residential C zone; and
WHEREAS, on March 21, 2000, the City Council held a duly advertised public
hearing from the public, both pre and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that Variance 99-23 is Categorically Exempt
from the I: ' ' :the Califomia E Quality Act, pursuant to Section 15301,
Class 1, and Section 15305, Class 5, in that it is a minor addition to an existing single
family residence and it teration to the required street side and front yard
setbacks for the property.
Section 2: The findings in accordance with Section 17.50.070 of the Poway
Municipal Code for Variance 99-23 to allow a reduction in the street side yard setback from
20 feet to 10 feet and a reduction in the front yard setback from 40 feet to 31 feet to allow
an addition to a single family residence located at 14938 Budwin Lane in the RR-C zone
are made as follows:
That there are special ' 3plicable to the properbj and because of this
the strict application of the Zoning Ordinance deprives the property of privileges
enjoyed by other properties in the vicinity under identical zoning ~' that
the property is encumbered by two separate pdvate read 3ich limit the
amount of developable area. In addition, the subject property is 0.52 acres which
is less than th ' ' lot size required in the RR-C zone. Therefore,
the setback req ' burdensome.
Granting the variance or its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other property owners in the
:y and zoning for which th ~]ht in that other properties in
this 31e to add onto their homes without because they meet
the minimum lot size for the zone.
5778
Resolution No. P- 0 0 - 2 :~
Page 2
That the project will not have an ac :hetic, health, safety, or architecturally
related impact upon adjoining properties in that the addition has been designed to
be in architectural style and exterior building materials to the existing
residence.
That the granting of th' does not 3ecial pdvileG :
with the limitation upon other properties in the vicinity and zone in that residential
additions (with setback variances) have b :1 on other lots in the Rural
Residential C zone.
That the granting of this variance does not allow a use or activity which is not
otb 3ressly authorized by zoning development regulations governing the
parcel or property in that a single family residence is a permitted use in the Rural
Residential C zone.
The project ' : with the General Plan in that it involves the construction
of an addition to a single family residence on a site which is designated for
residential use.
Section 3: The City Council hereby approves Vadance 99-23 to allow a reduction
in the street side yard setback from 20 feet to 10 feet and a reduction in the front yard
setback from 40 feet to 31 feet to allow a 1,100 square foot addil .... ~3 single
family residence at 14938 Budwin Lane in the RR-C zone subject to the following
conditions.
Approval of th' quest shall apply only to the subject project and shall not
31lance with all sections of the Zoning Ordinance and all other applicable
City ord' ~[ect at the time of building permit issuance.
Within 30 days of the date of this approval the applicant shall submit in writing that
all conditions of approval have been read and understood.
C. Prior
building permit, the applicant shall comply with the following:
The building elevations shall depict the exterior building materials for the
added walls and roof consistent in color, type and texture with the exterior
material on the existing residence, to the satisfaction of the Director of
Development Services.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Resolution No. P- 00 - 2 1
Page 3
Uniform Fire Code, and all other applicable codes and ord'
at the time of building permit issuance.
fect
3. The building plans shall depict Iow flow plumbing in all new construction.
School impact fees shall be paid at the rate established at the time of
building permit issuance. C -I evidence of payment shall be
provided to the Planning Division prior to issuance of building permits.
PI ' :the Poway School District for additional information at (858)
748-0010, Ext. 2089.
A blueline stream runs through the southerly portion of the property. If the
stream bank will be impacted or altered, the applicant shall obtain the
necessary approvals and permits from the U.S. Army Corps of Engineers,
Regional Water Quality Control Board and the California Department of Fish
and Game prior to undertaking the proposed access ddveway imp
Documentation of the approvals and/or permits shall be provided to the
Planning Division prior I ~ building permits.
Th lall record a deed covenant on the property prohibiting kitchen
facilities from being installed within the 400 square foot study/bathroom
addition, and the addition shall not be rented or leased without first obtaining
the required approvals and permits from the City.
7. New utility service to the addition shall be underground.
If the existing building or new building addition is to b :1 to a public
the following development fees shall be paid to the Engineering
Division prior to building permit issuance. These f ~ly in effect
and are subject to change.
Sewer
C Cleanout
$2,356 $50 $25 $2,000
Prior to Certificate of Occupancy, the applicant shall comply with the following:
All created slopes of 5:1 or greater shall be landscaped and a permanent
' '2ation system shall be installed prior to final occupancy.
5780
Resolution No. P- 0 0- 21
Page 4
2. All proposed and existing utilities shall be underground.
Section 4: The approval of Vadance 99-23 shall expire on March 21,2002 at 5:00
p.m. unless pdor to that time a building permit has been issued and the
property in th 3proval h :1 pdor to its expiration.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, at a mg ..3 this 21st day of March, 2000. '
AI-I'EST:
Anne Peoples, C~ty~;lerk
STATE OF CALIFORNIA
)
) ss
)
COUNTY OF SAN DIEGO
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P- 00-21 was duly adopted by the City
Council at a meeting of said City Council held on the 21 st day of March 2000, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, RE×FORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
nne Peoples, City Clerk
City of Poway