Covenant Regarding Real Property 1994-0095971
RECORDING REQUEST BY:
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CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
1173
DOC" 1994-0095971
11-FEB-1994 09=21 AM
OFFICIAL RECORDS
SAH DIEGO COUH1Y RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
RF: 7.00 FEES: 17.00
AF: 9.00
MF: 1. 00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Kent Lee Deines and Carol E. Deines, as Trustees ("OWNER" hereinafter) is the owner of real
property described in Exhibit A which is attached hereto and made a part hereof and which is
common IV known as Assessor's Parcel Number 278-442-20 ("PROPERTY" hereinafter). In
consideration of the approval of Variance 93-23 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In the event that Variance..93-23 expires Dr is rescinded by City Council at the request of the
OWNER, CITY shall expunge thi\Covenant from the record title of the PROPERTY.
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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 mav assign to persons impacted by the performance of this Covenant
the right to enforce this Covenant against OWNER.
Dated:
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Dated:
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Dated: /-';;;'5- 7 ~
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Carol E. Deines, OWNER (Notarize)
CITY OF POWAY
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EXHIBIT "A"
County of San Diego
. State of California
1174
LOT 20 of CITY OF POWAY TRACT No. 3545, in the
City of Poway, County of San Diego, State of
California, according to Map thereof No. 10432,
filed in the Office of the County Recorder of
San Diego County, July IS, 1982.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of Z; }
County of. <;..,/.1 ~~~;:-" D
On ~r before ~:&..w'~ ,1?...J//8&J;7 /1~~~
DATE ; / NAME, TITLE OF OFFICER - E.G" 'JANE DOE. NofARY PUBLIC"
personally appeared ~~,*,t!E: -LJ././h' &t""tJ/ ~:J)~///~5
NAME(S) OF SIGNER(S)
o personally known to me . OR . [ji proved to me on the basis of satisfactory evidence
to be the perso~ whose name~ is/~
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 pers~~~
or the entity upon behalf of which the
person(s) acted, executed the instrument.
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OFFICIAL SEAL
BARBARAP.ANDERSON
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
S.\N DlEGO COUNTY
My COmI,Iia&i..'ft ':A;'. MAY~. 1904
SIGNATURE,OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBEO AT RIGHT:
NUMBER OF PAGES
DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this fol11'l, SIGNER(S) OTHER THAN NAMED ABOVE
,
... :.:.,. -
No. 5193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the doc:ument.
o INDIVIDUAL
o CORPORATE OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(tES)
@1992NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
1175
RESOLUTION NO. P-94-07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-23
ASSESSOR'S PARCEL NUMBER 278-442-20
WHEREAS, Variance 93-23 submitted by Kent Deines, applicant, requests a
vari ance from the requi red front yard setback of 40 feet, to permi t the
construction of a 728 square foot guest/pool house at 13992 Dodder Court, in the
RR-C zone; and
WHEREAS, on January 25, 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 I: Environmental FindinQs:
The City Council finds that Variance 93-23 is exempt from the provisions
of the California Environmental Quality Act, Categorical Exemption Class
5 and 3, as the project is the construction of an accessory structure to
a residence, and requires a minor alteration to land use limitations.
Section 2: FindinQs:
1. The proposed project is consistent with the general plan in that it
a residential accessory structure 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 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 include the fact that the lot is irregular
both in shape and topography. It is irregular in shape because it
is located at the end of a cul-de-sac. This limits the applicant's
ability to site the guest house in a portion of the property which
meets building setbacks.
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 vicinity and zoning for which the
variance is sought.
The variance will allow the applicant to construct a low profile
building which is designed to fit the existing contours and which is
logically situated in relation to the main house, pool and patio
area.
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1176
Resolution No. P-94-07
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 main house projects into the front
yard setback because of the same general physical constraints. In
addition, there are other homes in the same subdivision located on
Oakstand Road and Yellowthroat Road which also encroach which were
set forward on the lot when originally developed.
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 an accessory building to a
residential unit in a rural residential zone.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 93-23 subject to the following
conditions:
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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
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. 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.
3. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
4. All exterior materials and finishes shall match those of the main house.
5. School fees shall be paid prior to issuance of building permits.
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1177
Resolution No. P-94-07
Page 3
6. This approval shall become null and void if building permits are not
issued for thi s project withi n two years from the date of project
approval.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
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.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 25th day of January, 1994.
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Do~;;on: ~a~ -
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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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-94-07 ,was duly adopted by the City Council at a meeting of said City Council
he 1 d on the 25th day of January, 1994, and that it was so adopted by the
fo 11 owi ng vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE