Covenant Regarding Real Property 1994-0109606
1979
DOC ~. 1994-0109606
17-FEB-1994 08=22 AM
OFFICIAL RECORDS
SAM DIEGO COUMTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORotR
RF' 10.00 FEES: 26.00
AF: 15.00
MF' 1.00
RECORDING REQUEST BY:
CITY OF POWAY
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(This space for Recorder's Use)
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074.0789
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
J. Ingraham Clark and Sinikka M-L Clark '"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 273-144-01 ("PROPERTY" hereinafter). In consideration of the approval
of Variance 93-04 and Minor Development Review 93-04 by the City of Poway ("CITY" hereinafter),
OWNER hereby covenants and agrees for the benefit of the CITY, 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In the event that Variance 93-04 and Minor Development Review 93-04 expire or are rescinded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.
Dated:
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SINIKKA M-L CLARK, OWNER (Notarize)
Dated:
CITY OF POWA Y
'Dated:
4-/3-93
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STATEOFCAL~ORNIA. ~
County of ~/d fJ ./)
1980
On ;. r IC} 9 3 before me, the undersigne~a Notary Public in
and for said State, pe'1onally appeared L1f _ t;:!U~_~---':.. P?~ _ ci.e." J ~
(JA1t"'~ Vl(~J,;. ~~C!P...~~
personally known to me or 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 acknowledged to me thatfie,/MTe/they executed
thesamein~hejrauthorizedcapacity(ies),andthat j.......................... A ..... ...... ~ ~ ..... ..... ...... ...f
by his/her/theirsignature(s) on the instrumentthe person(s), ~. .. ". MARY MANDERSCHEID
or the entity upon behalf of which the person(s) acted, ~ '. COMMI98OO88 ~
executed the instrument. ! '"t Notary PubIic>C<oNlotnla ~
, . .. RIVERSIDE COUNTY
. Mycomm.explt..MAf; 12.1096
WITNESS my hand and official seal.
Signature
1981
LEGAL DESCRIPTION
LOT 277 OF VALLE VERDE COUNTRY CLUB ESTATES, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4683, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON
DECEMBER 21,1960.
E~f\\D\-r 'A'
1982
RESOLUTION NO. P- 93-15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-04 AND
MINOR DEVELOPMENT REVIEW 93-04
ASSESSOR'S PARCEL NUMBER 273-144-01
WHEREAS, Variance 93-04 and Minor Development Review 93-04 submitted by J.
Ingraham Clark, applicant, requests approval for construction of a 3612 square
foot single-family home, part of which will observe a front yard setback of 20
feet when a 25 foot setback is required, for the property located at 17342 Tam
O'Shanter Drive in the RS-4 zone; and
WHEREAS, on April 13, 1993, the City Council held a duly advertised public
hearin9 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 I: Environmental FindinQs:
The City Council finds that this project is exempt from the provisions of
the California Environmental Quality Act, Categorical Exemption Category
3, as it is the construction of a single-family dwelling.
Section 2: FindinQs:
Variance 93-04
1. The proposed project will be consistent with the existing general
plan in that it proposes the construction of 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 lot is irregular
in both shape and topography, and that the lot is burdened on the
west side by the presence of a publ ic aqueduct easement. These
factors taken together 1 imit the appl icant' s abil ity to design a
residence which meets standard setback requirements.
3. That granting the variance or its modification is necessary for the
preservat i on and enjoyment of a substant i a 1 property ri ght possessed
by other property in the same vicinity and zoning for which the
variance is sought.
The variance will allow the applicant to construct a 3612 square
foot residence which is in keeping with the size of other residences
found in the vicinity.
E'f.~1 erl 'II::' /I
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1983
Resol ut i on No. p- 93-15
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.
The proposed encroachment will not have a negative impact due to the
fact that only a portion (one-third) of the front elevation will
project into the setback. The rest of the house observes the
required setback.
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 portions of the StoneRidge area were
built under County zoning standards, and do not observe a 25 foot
setback.
6. That the granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by zoning development
regulations governing the parcel or property in that the proposed
project is the construction of a residential unit in the Residential
Single Family 4 zone.
Minor DeveloDment Review 93-04
1. That the proposed development is in conformance wi th the Poway
General Plan in that the proposed use is single family residential.
2. That the proposed development will not have an adverse aesthetic
health, safety, or architecturally related impact upon adjoining
properties, in that the roofline, construction method, building
materials, and elevations will be compatible with surrounding
properties.
3. That the proposed development is in comp 1 i ance with the Zoni ng
Ordinance, in that, with the granting of the variance, it complies
with the property development standards of the RS-4 zone.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that all
surrounding properties are under the same zoning designations as the
subject lot and are developed as single-family residences similar to
the proposed project.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 93-04 and Minor Development
Review 93-04 subject to the following conditions:
Within 30 days of approval (I) the applicant shall submit in writing that
all condi t ions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
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1981
Resolution No. P- 93-15
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
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.
3. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
4. School impact fees shall be paid prior to building permit issuance.
5. Low flow plumbing fixtures are required in all new construction.
6. Self-generating water softeners are prohibited in accordance with Chapter
13,04 of the Municipal Code.
7. This approval shall become null and void April 13, 1995 if building
permits have not been issued.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval prior
to issuance of a grading permit and start of gradin9 operation. Rough
grading of the site must be completed and shall meet the City's
Engineering Services inspector's approval prior to issuance of a building
permit .
2. A ri ght-of-way permit shall be obtai ned from the City's Engi neeri ng
Services Department for any work to be done within the publ ic street
right-of-way or any City-held easement. Said work shall include, but is
not to be limited to, construction of driveway approach, sewer lateral
installation, water service line installation, street construction
(including concrete curb, gutter, and sidewalk). The permit shall be
obtained prior to start of work.
3. The fo 11 owi ng development fees shall be paid pri or to issuance of a
building permit:
Traffic Mitigation
Park
Dra i nage
Water Service
$ 600
$ 2550
$ 950
$6284
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1985
Resolution No. P-93-15
Page 4
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance No. 64.
2. Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast with thei r background. Mi nimum
height of address numbers shall be four inches. Address may be required
at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. The access roadway shall be extended to within 150 feet of all portions of
the exterior walls of the first story of any building. Where the access
roadway jdri veway cannot be provi ded, approved fi re protect i on systems,
including a residential fire sprinkler system shall be provided as
required and approved by the chief.
5. A smoke detector is required in the basement at the base of the stairs
which sounds an audible alarm in all sleeping rooms.
GENERAL REQUIREMENTS AND APPROVALS
A permit from the San Diego County Water Authority for any encroachment
into the public aqueduct easement.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of April, 1993.
~~
Don Higginson, M r
ATTEST:
er
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1986
Resolution No. P-93-15
Page 5
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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) 55.
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
cert i fy, under the penalty of perjury, that the foregoi ng Reso 1 ut ion, No.
P-93-15 ,was duly adopted by the City Council at a meeting of said City Council
he 1 d on the 13th day of April , 1993, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
1<7VM--'>~
ie K. Wahlsten, City Clerk
f oway
REPORT\VAR9304.RES
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