Covenant Regarding Real Property 1994-0737229
.- ~~c " 1994-0737229
RECORDING REQUEST BY: ) 412 29-DEC-1994 10=16 AM
) OFFICIAL RECORDS
CITY OF POWA Y ) SAM DIEGO COUH1Y RECORDER'S OFFICE
)
WHEN RECORDED MAIL TO: ) GREGORY S"ITH. COUNTY RECORDER 22.00
) RF' 10.00 FEES'
CITY CLERK )1 AF' 11. 00
CITY OF POWA Y ) MF' 1.00
POBOX 789 )
POWAY CA 92074-0789 ) .)
)
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Michael J and Yvonne A. Hayes C'OWNERs.' hereinafter) are the owners 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 323-147-14 C'PROPERTY" hereinafter). In consideration of the approval of Environmental Assessment
and Variance 94-06 by the City of Poway C'CITY" hereinafter), OWNERs 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In the event that Environmental Assessment and Variance 94-06 expires or is rescinded by City Council
at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.
If either party IS required to Incur costs 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.
The CITY may assign to persons Impacted by the performance of this Covenant the right to enforce this Covenant
against OWNERs.
Dated:
1~/L'2./9f
/2/,Z2/7~
. ...
Dated:
CITY OF POWAY
Dated: /.4- /3 - 7lJ
By: 7?L Zijlf- /Ia,,-ff*t
413 -
LEGAL DESCRIPTION
LOT 237, PARK POWAY UNIT NO.2, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4445, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 13, 1960.
EXHIBIT A
~4
CALIFORNIA ALL.PURPOSt:. ACKNOWLEDGMENT
No. 5907
:::;'0' ~~~~
On {~ ~! 91 before me, NAME. TITLE OF OFFICER E.G."JANED E.NCTARYPUBU
personally appeared (J1l~ J...cu J :\ Ua..J, e$ u.... cI i 1/ SNv II. H~ '
. NAME{S) OF SIGNE )
o personally known to me - OR - ~ed to me on the basis of satisfactory evidence
to be the person(s) whose name(s)XZG
subscribed to the within instrument and ac-
knowledged to me that ~executed
the same in ~~ .authoriz d
capacity(ies), and that by ~/~ their
signature(s) on the instrument the person s ,
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OFFICIAL SEAL
SANDI L DURAN
NOTARY PUBUC. CAU::O_
SAN DIEGO couNiV
MyComm. &pires Sept. 19, 1995
WITNESS my hand and official seal.
~~/MJ, J ~o~
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
~DUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
,
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
I ,j~,--J9L{
DATE OF DOCOMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY{IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remme1 Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
.us
RESOLUTION NO. P- 94-60
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 94-06
ASSESSOR'S PARCEL NUMBER 323-147-14
WHEREAS, Variance 94-06 submitted by Michael and Yvonne Hayes, appl icants,
requests a variance to permit an existing garage conversion without the required
replacement of equivalent covered parking space as required by Section 17.08.180
K of the Municipal Code. The property is located at 14522 Saco Street, in the
RS-7 zone; and
WHEREAS, on December 13, 1994, 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 Findinqs:
The City Council finds that Variance 94-06 is exempt from the provisions
of the California Environmental Quality Act, Categorical Exemption Class
5, a minor alteration to land use limitations.
Section 2: Findinqs:
1. The proposed project is consistent with the General Plan in that it
involves a garage conversion at a single-family residence on a site
which is designated for residential use.
2. That there are special circumstances applicable to the property, 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 classification.
The special circumstances include the fact that the garage
conversion was existing when the applicants purchased the house in
1987, and they were unaware that it was nonconformi ng. It is
assumed the garage conversion occurred in the mid-1970's, base~ on
statements from long time residents in the neighborhood. The garage
was then converted before city incorporation, and under county
standards at that time. which did not require replacement of covered
parking spaces.
3. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vi c i n ity and zon i ng for wh i ch the
variance is sought.
The variance will allow the applicant to officially include the
existing garage conversion as liVing space, increasing the home from
952 square feet to 1352 square feet. which is comparable in size to
other homes in the area.
EXHIBIT B
-16
Resolution No. P-94-60
Page 2
4. That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, or
injurious to the property or improvements in such vicinity and zone
in which the property is located.
5. That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zone in that the property is located in a highly
dense area where many of the existing homes have garage conversions
and additions. In this case, because of the location of the house
on the lot, and the size of the lot, covered replacement of the
converted garage space is not feasible.
6. That the granting of this variance does not allow the use or
activity which is not otherwise expressly authorized by zoning
development regulations governing the parcel or property in that the
proposed project is a garage conversion to a residence in the
Residential Single Family - 7 zone.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 94-06 subject to the following
condit ions:
1. With i n 30 days of approval: (1) the app 1 i cant shall submit in
writing that all conditions of approval have been read and
understood; and (2) the property owner shall execute a Covenant on
Rea 1 Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. That the applicant will widen the existing driveway from 15 feet to 18
feet to accommodate for two off-street parking spaces. This shall be
accomplished within 90 days of the variance approval date.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of December, 1994. ----1 r .
~~~-
Don Higglnson, Mayor
ATTEST:
'-:nlCt~ k ;Jr(vlo-~
MarjorieK. Wahlsten. City Clerk
. )
I h.reby certify, under the penallv
01 perjury, that the above and
lel\l!go;ng is a true and correct
a>py of Resolution No.f.:-1'1~ 0
as adopted by the Cily Council of
PowaY:D~on the 13.tL
clay of , 19.!lJf-.
MARJORIE K. W AHLSTEN, CITY CLERK
bY:V11~ bJ1/~.J.~
. -~17
Resolution No.P-94-60
Page 3
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS.
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-94-60
_____, was duly adopted by the City Council at a meeting of said City Council
held on the ~ day of December. 1994, and that it was so adopted by
the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT:
NONE
Cl~{. ,\JiJ..1L-~~
Marjorie . Wahlsten, City Clerk
City of\.l'9way
E ,i tTY\PLANN[NG' P.EPI);T ',':.R941-'4 ~c