Covenant Regarding Real Property 1993-0814096
~-~ * iQQ{-OPiAPJC1'A
L.t~ J.ff,JVUJ.1"~,J
o3-bEC-199~ 08=45 ~~
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
)
)
)
) I
)
)
) ,
)
)
)
)
) .
596
O~~ICIAL ~ECGRD~
3AN JIE~G COUNTY RECORDE~'S QF~IC:
~NNETTr ~VA~~. COU~TY RE:QRDER
I"~"" 8. GO :-E~;~
ri'
,::1
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
A~;
~,.
fl".
11. 00
1. 00
No Transfer Tax Due
(This space for Recorder's Use)
COVENAN~ REGARDING REAL PROPERTY
David A. Pearce and Darin E. Pearce, husband and wife as joint tenants ("OWNER" hereinafter) is
the owner of real property described in ExHibtt A which is attached hereto and made a part hereof and which
is commonly known as Assessor's Parcel ~umber 317,571-12 ("PROPERTY" hereinafter), In consideration
of the approval of Variance 93-12 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, h~irs, personal representatives, transferees and assigns of the
respective parties.
In the event that Variance 93-121 expires or is rescinded by City Council at the request of the
OWNER, CITY shall expunge this Covenaht from the record title of the PROPERTY.
If etther 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.
!J;J(j,L
Dated: ~- ~~...q'~
David A, Pearce, OWNER (Notarize)
Dated:
'i5 -)-7- '13
Dated:
,7- 517-73
By: 7!..t ~ 1J~.1d - c1~
597
EXHIBIT A
LOT 6, HERITAGE HILLS UNIT NQ. 1, in the County of San Diego, State of California,
according to Map thereof No. 593~, filed in the Office of the County Recorder of San
Diego County, August 9, 1967,
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of n
Countyof ~\ll)I<jO
On c;,/~l/q::; before me
dME I
}
It
NAME, TiTlE OF Fl. E.G., "JANE DO ,NOTARY PUBLIC"
personally appeared {t ref.' (r in G. Pet! r[ e
NAME( ) OF SIGNER(S)
o personally known to me - OR ~roved to me n the basis of satisfactory evidence
to be th person(s) whose nam~4s~
subscrib d to the within instrument and ac.
knowled ed to me that l:I&IeRe/the'L executed
the sa e in fli";I,,,,ltheir authorized
capacit tses1, and that by Ris!Rer/their
signatur!. s) on the instrument the person(!!h
or the ntity upon behalf of which the
person( ) acted, executed the instrument.
WITNEt my hand and official seal.
QJ ~~OO'AA'~
, . , ILENE STORY
!~,,; - Notary Public - California
". . f SAN DIEGO COUNTY
, , My COmm. Expires DEC 05,1995
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here Is not required by law,
it could prevent fraudulent reattachment of this form.
598
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 document.
::BJ:lIIIDIVIDUAL
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(IES)
SIGNATURE OF NOTARY
~ OPTIONAL SECTlO
TITLE OR PE OF DOCUMENT ' ' VI
NUMBER pF PAGES L DATE OF DOCUMENT 75 1-
SIGNER($l OTHER THAN NAMED ABOVE~ U~
@1 NATIONAL NOTARY ASSOCIATION .8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 91309.7184
599
,
I
1
RESOLUTION NO. P- 93-39
A RESOLUTION OF THE CITY COUNCIL
OF THE C[TY OF POWAY, CALIFORNIA
APPRbVING VARIANCE 93-12
ASSESSOR'S PARCEL NUMBER 317-571-12
WHEREAS, Variance 93-12, .submitted by Darin Pearce, appl icant, requests
approval of a variance for a six foot eight inch retaining wall with a six foot
chain link fence above to be located at 13240 Tarascan Drive where a six foot
total height is the maximum permitted in the RS-7 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 Findinos:
This project is categorically exempt under the provlslons of CEQA (Class
5) because it is a minor alteration in land use limitations.
Section 2: Findinos:
1. The proposed project is consistent with the general plan; in that it
is an accessory structure for a single-family home in an area
designated for single family residential use.
2. There are special circumstances applicable to the property (size,
shape, topography, location or surroundings), or the intended use of
the property, and because of this, the strict application of the
Zoni ng Ordi nance depri ves the property of pri vil eges enjoyed by
other properties in the vicinity under identical zoning
classifications.
The unusual circum~tances include the six foot grade difference
between the building pad and adjoining lot to the south. The slope
deprives the property owner full use of the required rear yard area.
Approval of the variance will increase the usable yard area and
provide a more e,ffect i ve buffer between the commerci al and
residential uses.
3. 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 zone and denied to the
property for which the variance is sought in that the retaining wall
and fence are necessary to provide a usabl e rear yard area and
security for the existing swimming pool.
4. 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
/
\
I
1
600
Resolution No. P- 93-39
Page 2
property is located', because landscaping will screen the block wall
from adjacent commercial property and fence elevations facing
residential property are only six feet in height and similar to many
existing fences in the neighborhood.
5.
The granting of this variance does not constitute a special
privilege inconsistent with the limitations upon other properties in
the vicinity and zone in which such property is situated, in that
unusual ci rcumstances i ncl udi ng the 1 arge grade differential and
proximity to commercial development set this lot apart from other
similarly zoned properties.
The granting of this variance does not allow a use or activity which
is not otherwi ~e expressly authori zed by the zoni ng regul at ion
governing the property because side and rear property line fencing
is required by the Zoning Ordinance for smaller single-family lots.
Section 3: Citv Council Decision:
6.
The City Council hereby approves Variance 93-12 subject to the following
cond it ions:
1. Within 30 days of approval (1) the appl icant 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.
2. The strip of land at the base of the retaining wall shall be planted
with fast-growing drought tolerant shrubs capable of reaching a
height of six to te~ feet. Shrubs shall be spaced no further than
five feet on center and shall be watered by a permanent irrigation
system. Pl ant i ng shall be completed with i n 30 days of fence
i nsta 11 at ion.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 27th day of Juiy, 1993.
L?~~
Don Hlgginson, r
',.
ATTEST:
I hereby certify, under Ihe penalty
of perjury, thai Ihe above and
foregoing is a frue and correct
copy of Resolution No. 1"- '13-37.'
as adopted by the aly Council of
Poway, California on the :J. 7PC
day of ~ ,19-ll.
MARJORIE K. AHLSTEN, CITY C~RJ(
trt~rua rY~ Vf<<1
.:,
-:.
i
6Jl
Resolution No. P-93-39
Page 3
STATE OF CALIFORNIA
)
) SS.
)
COUNTY OF SAN DIEGO
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-93-39 ,was duly adopted by the City Council at a meeting of said City Council
held on the 27th day of J~ly , 1993, and that it was so adopted
by the following vote:
AYES: CALLE~Y, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA, EMERY
IJS: \REPORT\SP9327. RES
,
,4