Covenant Regarding Real Property 1993-0814097
CITY OF POWAY
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-DEC-1993 08::4-6
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RECORDING REQUEST BY:
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20. DC
WHEN RECORDED MAIL TO:
A~;
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
1rF: LaO
No Transfer Tax Due
(This space for Recorder's Use)
COVENANt REGARDING REAL PROPERTY
Martin Alberto Hall and Maria Vemet, husband and wife, as joint tenants ("OWNER" hereinafter) is
the owner of real property described in Exll1ibit A which is attached hereto and made a part hereof and which
is commonly known as Assessor's parce~1 'Number 275-720-34 ("PROPERTY" hereinafter). In consideration
of the approval of Variance 93-09 by the ityof Poway ("CITY" hereinafter), OWNER hereby covenants and
agrees for the benefit of the CITY, to abi e 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, h.irs, personal representatives, transferees and assigns of the
respective parties. .
In the event that Variance 93-091 expires or is rescinded by City Council at the request of the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 reimbursemer)t of all costs, including reasonable attorneys' fees, from the other
party. The CITY may assign to persons ir\1pacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
Dated:
..J t! 2 3 /tn
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MARTIN ALBERTO HALL, OWNER (Notarize)
Dated:
l[ Id ~/93
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MARIA VERNET, OWNER (Notarize)
CITY OF POWAY
By:72a~. 1J~-tJ~~.
Dated:
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601
LEGAL DESCRIPTION
ORDER NO. 9217054-K
PARCEL 1:
That portion of Parcel 84 of R~cord of Survey Map No. 4253, filed in the Office
of the County Recorder of San ~iego County, together with that portion of Lot 4
in Section 30, Township 13 South, Range 1 West, San Bernardino Meridian, in the
City of Poway, County of San D~ego, State of California, according to Official
Plat thereof, described as fol~ows:
Beginning at the Northeast corner of Lot 46 of GREEN VALLEY ESTATES UNIT NO.3,
according to Map thereof No. 3805, filed in the Office of the County Recorder of
said County; thence South 68'2~'20" East along the Northerly line of Parcel 84
as shown on Record of Survey Mar No. 4253, a distance of 50.00 feet; thence along
the Easterly line thereof South! 21'32'40" West 40.00 feet; thence South 68'27'20"
East 75.00 feet being Point "An of this description; thence South 2'13'40" West
287.01 feet; thence North 68'27'20" West 220.00 feet to the Southeasterly corner
of Lot 46 of said Map No. 3805; thence North 21'32'40" East 311.02 feet to the
POINT OF BEGINNING.
PARCEL 2:
That portion of Lot 4 in Seqtion 30, Township 13 South, Range 1 West, San
Bernardino Meridian, in the ICity of Poway, County of San Diego, State of
California, according to Offic~ial Plat thereof .~described as follows:
Beginning at Point "A" as desc:.ribed in Parcell above; thence South 68'27'20"
East 25.00 feet; thence South~esterly in a straight line to the most Southerly
corner of said Parcell bearing South 2'13'40" West 287.01 feet from said Point
"A"; thence North 2'13'40" Easlt 287.01 feet to Point "A" and the TRUE POINT OF
B~rnNrnG. .
RESOLUTION NO. P-93-43
A RESOL~TION OF THE CITY COUNCIL
OF THE ~ITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-09
ASSESSOR'S PARCEL NUMBER 275-720-34
605
WHEREAS, Variance 93-09 fubmitted by Martin Hall, applicant, requests a
variance approval to allow a s~imming pool to observe a five and one-half foot
street side yard setback when a 20 foot setback is required at 16269 Rostrata
Hill Road within the RR-C zonel and
WHEREAS, on August 31, 19~3, the Clty 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:
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Section 1: Environmenta1 Findinos:
The City Council finds t~at Variance 93-09 is exempt from the provisions
of the California EnviroDmental Quality Act, Categorical Exemption Class
5 as the project is a minpr alteration to land use limitations (Class 5).
Section 2: Findinos:
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Variance 93-09
The proposed projeqt is consistent with the general plan in that it
proposes the const~uction of a swimming pool which is permitted as
an accessory use on! a site which is designated for residential use.
2. That there are spec,al circumstances applicable to the property, and
because of this, ~he strict application of the Zoning Ordinance
deprives the property of privileges enjoyed by other properties in
the vicinity under identical zoning classification.
1.
The special circ~mstances include the fact that the lot is
substandard in siz~. The small size of the lot makes it difficult
to site the pool so that it will observe the standard setback of the
zone.
3. That granting the v:ariance or its modification is necessary for the
preservation and enlioyment of a substantial property right possessed
by other property ~n the same vicinity and zoning for which the
variance is sought~
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4.
The variance will ~llow the applicant to construct a swimming pool
on subject property. The proposed development is consistent with
how other propertyiin the area has been developed.
That granting th~ 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 propetty is located.
EXHIBIT B
-.-...------.--- -.'- ---_._-_._-_._.._--~-----~ -- ---- -.---- --.-------.- -.
5.
6.
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Resolution No. P-g3-43
Page 2
606
The proposed encroachment will not have a negative impact due to the
fact that Rostrata iHill Road is a private road and services only a
few lots beyond th~ subject site. In addition the swillllling pool
observes a 20 foot !setback from the paved portion of the road.
5. That the granting pf this variance does not constitute a special
privilege inconsist~nt with the limitation upon other properties in
the vicinity and zo~e in that other variances for side yard setbacks
have been granted for substandard sized properties within the Green
Valley Highlands area.
6. That the grant i ng of thi s vari ance does not allow the use or
activity which is inot otherwise expressly authorized by zoning
development regulat'ons governing the parcel or property in that the
proposed project is Ithe construction of a swillllling pool, which is an
allowed accessory use in a residential zoned property.
Section 3: City Council pecision:
The City Council hereby approves Variance 93-09 subject to the following
conditions: .
Within 30 days of approv~l: (1) The applicant shall submit in writing
that all conditions of app1roval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPA~TMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS: .
1.
The site shall be developed in accordance with the approved site plan and
elevations on file in the'Planning Services Department.
All new utilities shall b~ installed underground. Please contact SDG&E
Planning Division at 480+7617. Completion of undergrounding shall be
prior to issuance of a Certificate of Occupancy.
Water and sewer, systems ~lans shall be designed and constructed to meet
requirements of City of Poway
The appropriate building ~epartment approval shall be obtained prior to
the construction of the pool
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This permit shall becomeJnull and void on August 31, 1995 if building
permits have not been iss ed.
The mesh screen shall be .removed from the existing chain link fence by
September 30, 1993.
2.
3.
4.
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Resolution No. P-93-43 607
Page 3
APPROVED and ADOPTED by, the City Council of the City of Poway, State of
California, this 31st day of tugust 1993.
~-+\. .
Don Hi99inSOn~
ATTEST:
rk
I hereby certily. under the penalty
01 perjury. that the above and
foregoing is a true and corred
copy of Resolution No.P- 93- -'/.3,
as adopted by the City Council 01
Poway, California on the "51,q;t-
dayof~,19~.
MARJORIE K. W AHlSTEN, CITY ClER~
trr't!1~ cY~,<; A r<<1j
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I, Marjori e K. Wahl sterj, City Cl erk of the City of Poway, do hereby
certify, under the penalty of !perjury, that the foregoing Resolution, No. _
P-g3-4~ was duly adopted by th~ City Council at a meeting of said City Council
held on the ~ day of !AuQust , 1993 and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
NONE
NONE I
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REPORT\VAR9309.RES
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