Covenant Regarding Real Property 1994-0698509
RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK ) y
CITY OF POWAY )
POBOX 789 )
POWAY CA 92074-0789 )
)
No Transfer Tax Due )
G37
~c U 1994-0698509
06-~EC-1994 09153 AM
IJFICI{t RECORDS
SAIl DIEGO CWITY REalm'S OFFICE
GRE6IIY SftITH, CIUfTY REctRDER
RFI 10.00 FEES' 22.00
(f. 11. 00
If. 1. 00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Gregory P. Agee ("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 275-
520-12 ("PROPERTY" hereinafter). In consideration of the approval of Environmental Assessment and
Variance 94-08 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.
I n the event that Environmental Assessment and Variance 94-08 expires or is rescinded by City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 OWNER 1
Dated:
11- J0- cry
rize)
Dated / / - /6-: 'i </
CITY OF POWAY::/ #'
By .*O<A-cd ~1;:;t
638
LEGAL DESCRIPTION
LOT 75 OF GREEN VALLEY HIGHLANDS UNIT NO.2, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6596, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON FEBRUARY 25,
1970.
EXHIBIT A
CALIFORNIA ALL.PURPOSe ACKNOWLEDGMENT
6;39
No. 5907
State of Ca\\Jor n;o"
County of So..r\ 1) I~O
On NOll~m.h.rr 2:'(" 1<i"'lL before me, V rny;S
DATE NAM~LE OF OFFICER - E.G., JANE DOE, NOTARY PUBLIC
personally appeared G r~c>"j '? . \ltG! RJc_
NA\4):{S} OF SIGNER(S)
~sonally known to me - OR - D proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
J~ ~ ~ . - - - ~ - ~ ~ ~ - ~t
@........,:.,K.CROSS
~. ,', '; COMM.#1008374 z
~ ,-" ..; Notary Public - California ~
J . .' SAN DIEGO COUNTY I
My Comm. Expires NOV 3. 1997
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - ~
WITNESS :+!n a;:;iCial seal.
\ SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons reiying on the document and could prevent
fraudulent reattachment ot this form.
CAPACITY CLAIMED BY SIGNER
BINDIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
c'vtMtI+- 'R €j4rd 1iJ% ~\ 'Pr<f'l'~
TITLE OR TYPE OF CUMENT
D PARTNER(S)
D LIMITED
D GENERAL
;)..
NUMBER OF PAGES
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
-----PJOU.el1\ \ur 2.~, \ '1 Cj t(
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(tES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave.. P.O. Box 7184. Canoga Park.. CA 91309-7184
RESOLUTION NO. P- 94-55
A RESOLUTION OF THE CITY COUNCIL
OF THE.CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 94-08
ASSESSOR'S PARCEL NUMBER 275-520-12
640
WHEREAS, Variance 94-08 submitted by Greg Agee, Applicant, requests a
variance approval to allow a proposed 750 square foot addition to observe a 15
foot rear yard setback while the zone requires a 25 foot setback and a request
to allow a front entry porch to observe a 21 foot front yard setback when the
minimum setback for a porch in the zone is 36 fee, and
WHEREAS, the lot abuts the sideyard of the property to the north and the
house on that lot is setback only 10 feet from the property line, and
WHEREAS, the property is located at 13338 Arroyo Vista Road within the
Rural Residential - C zone which requires a minimum lot of one acre while the
subject property is only 0.71 acres in size; and
WHEREAS, on November 15, 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 94-08 is exempt from the provlslons
of the California Environmental Quality Act, Categorical Exemption Class
5 and 1, as the project is the construction of an addition onto an
existing dwelling (Class 1) and a minor alteration to land use limitations
(Class 5).
Section 2: Findinqs:
1. The proposed project is consistent with the General Plan in that it
proposes the construction of a porch and an addition onto a single
family residence on a property which is designated for residential
use.
2. That there are special circumstances applicable to the property, and
because of this, the strict appl ication of the Zoning Ordinance
deprives the property of privileges enjoyed by other properties in
the vicinity under identical zoning classification.
The special circumstances are the fact that the lot is substandard
in total area and the orientation of the existing house on the lot.
These constraints limit the applicant's ability to make modest
additions to the residence which meet standard setback requirements.
3. That granting of the requested variance or its modification is
necessary for the preservat i on and enjoyment of a substant i a 1
property right possessed by other property in the same vicinity and
zoning for which the variance is sought.
The variance will allow the applicant to increase the area of the
subject dwell ing to approximately 3190 square feet which is in
keeping with the size of other residences found in the vicinity.
EXHIBIT B
Reso 1 ut ion NL _ '>-94-55
Page 2
641
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 in that the minimum distance that
will be observed between the subject building and the neighboring
house to the north will be comparable to distances observed by other
residences in the area and with the same zoning.
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 other variances for setbacks have been
granted in the Green Valley area where many existing homes do not
observe the standard front and side yard setback due to the fact
that setback, lot, size and dimension requirements were increased
significantly in 1983 when Poway's first Zoning Ordinance was
adopted.
6. That the granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by the zoning
development regulations governing the parcel or property in that the
proposed project is the construction of an addition and porch onto
an existing residence in the Rural Residential-C zone.
Section 3: City Council Decision:
The City Council hereby approves Variance 94-08 subject to the following
cond it i on s :
1. Within 30 days of approval: (1) the appl icant 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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. The room addition shall observe a setback of at least 17' from the
northern property 1 i ne. The fi rep 1 ace may extend 2.5 feet into the
setback area.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits. The site shall be developed in accordance
with the approved site plan and elevations on file in the Planning
Services Department.
3. The appropriate Building Department approvals shall be received prior to
initiation of construction.
4. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of City of Poway.
5. Low flow plumbing fixtures are required in all new construction.
6. Self-generation water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
.."
. . -. -.-..-.----....--
642
Resolution No. P-94-55
Page 3
7. This permit shall become null and void on November 15, 1996, if building
permits have not been issued."
8. The guest house shall never be rented or 1 eased and kitchen faci 1 it i es
sha 11 not be i nsta 11 ed wi thout fi rst recei vi ng the necessary approvals
from the City.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Roof covering shall be fire retardant as per UBC Section 3203(e) and City of
Poway Ordinance No. #64.
Th
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 15th day of November, 1994.
~~"
Don Higginson, ~
I hereby certify, under the ~
of perjury, that the above and
foregoing is a true and correct
copy of Resolution No f'-9'~S-$'"
,
as adopted by Ihe Gty Council of
Poway, California on the c;( '1,ec-
day of?u~, 19~.
MARJORIE K. W AHlSTEN, CITY CLERK
by:'--IMvu.p M/L iw",f;,
/ -r-;;
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-94-55
_____, was duly adopted by the City Council at a meeting of said City Council
he 1 d on the 15th day of November , 1994, and that it was so adopted by
the following vote:
~ IU:vtv>-t:.-
, Wahlsten, City Clerk
ATTEST:
STATE OF CALIFORNIA
)
) SS.
COUNTY OF SAN DIEGO
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
NONE
NONE
AYES:
NOES:
E:\CITY\PLANNING\REPORT\VAR9404.RES
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