Covenant Regarding Real Property 1993-0531893
REC9~DING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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DOC ~ 1993-0531893
16-AUG-1993 09=04 AM
OFFICIAL RECOROS
SAH DIEGO CDUHTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
RF: 9.00 FEES: 23.00
AF: 13.00
MF: 1. 00
958
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Laura Lyle Kimball, ("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 314,
182-86 ("PROPERTY" hereinafter). In consideration Df the approval of Variance 93,10 and Minor
Development Review 93,35 by the City of Poway ("CITY" hereinafter), OWNER hereby covenants and agrees
fDr 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In the event that Variance 93,10 and Minor Development Review 93,35 expires or is rescinded by
City Council at the request of the OWNER, CITY shall expunge this Covenant from the recDrd title of the
PROPERTY.
If either party is required to incur costs tD enforce the provisions Df this Covenant, the prevailing
party shall be entitled tD 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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Dated:
0/10/03
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IJS:\REPORT\VAR9310.COV
~~~-
ura Lyle Kimb, NER (Ki arize)
CITY OF POWAY
BY.~ U/f -t/~
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
959
State of
CA t.t t:iN2NIA
No. 5193
County of SAN ./)/t'!!!(;"c;
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~ 6 I ,c::-"'72Ao<"q~ J./1J'iJ1/lY jJVBJ.I <f
NAME, TITLE OF OFFICER - E.G., "JA DOE, NOTARY PUBLIC.
On~' ~ /991 before me,
DA
personally appeared I..A1/I2A /.. YLE KIMBAu..
~ _ NAME(S) OF SIGNEA(S)
o persallellr hRQ'''R tQ Ill&-- OR - M proved to me on the basis of satisfactory evidence
r 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.
r . ~ .- . .J:e~:T:E: . . ~f
-@'COMM'#989900Z
~ ~ ~,,' Notary Public - California ~
j . SAN DIEGO COUNlY l
My Comm. Expires APR 4,1997
~ ~ - ~ ~ - ~ - - - ~ - - -
WITNESS my hand and official seal.
~q;~
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT eo V€t.I,,*'" r
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
- 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 document.
~NDIVIDUAL
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 PEASON(S) OR ENTlTY(IES)
NUMBER OF PAGES
3
DATE OF DOCUMENT
0/10/13
Though the data requested here Is not required by law,
it could prevent fraudulent reattachment of this fonn. SIGNER(S) OTHER THAN NAMED ABOVE
@1992NATIONALNOTARY ASSOCIATION '8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184
/.
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" ..
960
02-128565
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF .
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
LOT 9 OF BLOCK 2 OF PIERMONT POWAY, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
331, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MAY 27, 1887.
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RESOLUTION NO. P- 93-37
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-10 AND
MINOR DEVELOPMENT REVIEW 93-35
ASSESSOR'S PARCEL NUMBER 314-1B2-B6
961
WHEREAS, Variance 93-10 and Minor Development Review 93-35 submitted by
laura Kimball, applicant, requests approval for construction of a 1550 square
foot single-family home at 14305 York Avenue. The residence will observe side
yard setbacks of only five and one-half feet when 10 foot setbacks are required
in the RS-4 zone; and
WHEREAS, on July 27, 1993, 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 93-10 and Minor Development Review
93-35 are exempt from the provisions of the California Environmental
Quality Act, Categorical Exemption Class 5 and 3, as the project is the
construction of a .single-family dwelling (Class 3) and a minor alteration
to land use limitations (Class 5).
Section 2: Findinas:
Variance 93-10
1. The proposed project is consistent with the 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 Jot is
substandard in total area and in width. This fact, in combination
with the encumberance of the floodplain on a portion of the lot,
limits the applicant's ability to design a residence which meets
standard setback requirements.
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 1550 square
foot residence which is in keeping with the size of other residences
found in the vicinity.
EXHIBIT B
Re ution No. P-93-37
Page 2
962
.1
. 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 the redevelopment of the site will result in the
improvement in the drainage patterns of the area in that the
proposed dwelling will be constructed clear of the floodplain.
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 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 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 the construction of a residential unit in the
RS-4 zone and Rural Residential - C zone.
Minor Develooment Review 93-35
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 compliance with the Zoning
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 the
surrounding properties which are under the same zoning designations
as the subject lot are developed as single-family residences similar
to the proposed project.
Section 3: Citv Council Decision:
The Ci ty Council hereby approves Variance 93-10 and Minor Development
Review 93-35 subject to the following conditions:
1. 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.
)..
Re. . ut i on No. p- 93-37
Page 3
The applicant shall complete a boundary adjustment which involves
shifting the side property lines of the subject property 10 feet to
the south. This shall be accomplished prior to certification of
occupancy.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOllOWING CONDITIONS:
2.
963
1. The site shall be developed in accordance with the approved site plan and
elevations on file in the Planning Services Department.
2. The appropriate Building Department approvals shall be received prior to
initiation of construction.
..
3. All new utilities shall be installed underground. Please contact SDG&E
Planning Division at. 480-7617. Completion of undergrounding shall be
prior to issuance of a Certificate of Occupancy.
4. School impact fees shall be paid prior to issuance of building permits.
5. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of City of Poway
6. Low flow plumbing" fixtures are required in all new construction.
7. Self-generation water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
B. This permit shall become null and void on July 27, 1995 if building
permits have not been issued.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. A right-of-way permit shall be obtained from the City's Engineering
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). Permit shall be ~btained
prior to star of work.
2. A sewer service fee of $3,466.00 shall be paid prior to building permit
issuance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOllOWING CONDITIONS:
1.
Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. #64.
Resolution No. P-93-37
Page 4
964
l
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 their background. Address may
be required at private driveway.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 27th day of July 1993.
STATE OF CALIFORNIA
\- ~~~~
Don Higginson, Ma
. ~reby certify, under the pena~
01 perjury, thai the above
. . true and correct
foregoing IS a. f 93-37,
cOPl 01 ResolutIOn No, - .
d l,.Jby tho City Counal 01
os a op 0 2'7 bIi;:,
YOWs'I, California on. the
day 01 f)Jy , 19 fL..
MARJORIE K. W AHLS1EN, CITY ClERK
,)J\ItAA~ k JV~t....
by. . \
I, Marjorie K. Wahlsten, City Clerk of the City of~oway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. P-93-37
, was duly adopted by the City Council at a meeting of said City Council
held on the 27th day of July , 1993, and that it was so adopted
by the following vote:
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ATTEST:
COUNTY OF SAN DIEGO
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AYES:
NOES:
CAllERY, SNESKO, HIGGINSON
NONE
ABSTAIN: NONE
ABSENT:
CAFAGNA, EMERY
AEPORT\YAR931
7V~'
Marjor'e . Wahlsten, City Clerk
City 0 P way
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