Covenant Regarding Real Property 1994-0095969
CITY OF POWAY
1167
DO~ ~ 1994-0095969
11-FEB-1994 09:13 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECOROER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
RF: 7.00 FEES: 17.00
AF: 9.00
MF: 1. 00
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Ric Dudeck and Barbara Dudeck, husband and wife as joint tenants ("OWNER" hereinafter) is
the owner of real propertv described in Exhibit A which is attached hereto and made a part hereof and
which is commonly known as Assessor's Parcel Number 275-400-03 ("PROPERTY" hereinafter). In
consideration of the approval of Variance 93-22 by the City of Po way ("CITY" hereinafter), OWNER
hereby covenants and agrees for the benefit of the CITY, to abide bv conditions of the attached
resolution IExhibit 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In the event that Variance 93-22 expires or is rescinded by City Council at the request of the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.
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Dated:
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Ric Dudeck, OWNER INotarize)
Dated:
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Barbara Dudeck, OWNER
CITY OF POWAY
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1168
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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On
FEBRUARY 8, 1994
PAMELA K. REIFEISS
(Notary Name and Title)
RIC DUDECK & BARBARA DUDECK
before me,
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personally appeared
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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 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 rson(s) or the e Ii upon
behalf of which the person(s) acted, executed the instrum .
PAMELA K. REIFEISS
WITNESS my hand and official seal. ... ~... . . COMM. # 1 001786 ~
/' b# ~ "..' NOTARY PUBLIC. CALIFORNIA 0
Signature /~ f.' ~ A ~.J '- SAN DIEGO COUNTY -
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(Notaria' Sea')
The land referred to in this Report is situated in the State of California, County of San Diego, and is
described as follows:
Lot 33 of Valle Del Norte Unit No.2, in the City of Poway, County of San Diego, State of
California, according to Map thereof No. 5004, moo in the Office of the County Recorder
of San Diego County, July 3, 1962.
EXHIBIT "A"
CLTA Preliminary Report Fonn (Rev. 11/18/82)
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RESOLUTION NO. P- 94-06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-22
ASSESSOR'S PARCEL NUMBER 275-400-03
1169
WHEREAS, Variance 93-22 submitted by Ric and Barbara Dudeck, applicants,
requests approval of a 6.4 foot encroachment into the required 20 foot minimum
side yard setback for a recently constructed room addition, for the property
located at 12859 Luiseno Drive, in the RR-C (Rural Residential 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 1: Environmental Findinas:
The City Council finds that Variance 93-22 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 addition to an existing dwelling (Class 3) and
a minor alteration to land use limitations (Class 5).
Section 2: Findinas:
1. The proposed project is consistent with the general plan in that it is the
addition of new living space to an existing single-family home on a site
which is designated for a residential land use.
2. That there are speci a 1 ci rcumstances appl i cabl e 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 house was constructed more than twenty years ago under less stringent
zoning setback requirements. At the time of construction minimum side
yard setbacks were ten (10) feet.
3. That granting the vari ance or its modifi cat ion 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 legalize a recently constructed room addition
which expands the master bedroom area in a direction which is a logical
expansion of the floor plan of the house, in keeping with the size and
shape of the other homes in the immediate neighborhood.
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.
1170
Resolution No. P-94-06
Page 2
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 an area where many of the existing
homes do not observe the minimum side yard setback due to the fact that
the setback and lot size requirements were increased significantly in 1983
when Poway's General Plan and Zoning Development Code were adopted.
6. That the granting of thi s vari ance does not allow the use or act i vi ty
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 addition to a residential unit in a Rural
Residential C zone.
Section 3: Citv Council Decision:
The City Council hereby approves Variance 93-22 subject to the following
conditions:
Within 30 days of approval (I) 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. 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. 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.
5. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
6. This approval shall become null and void if building permits are not
issued for thi s project wi thi n two years from the date of project
approval.
11'71
Resolution No. P-94-06
Page 3
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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ATTEST:
t('71.!M.J>-b:.-
a sten, Clty C er
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-94-06 , was duly adopted by the City Council at a meeting of said City Council
held 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