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Covenant Regarding Real Property 1993-0788656 CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074.0789 I ) ) ) ) ) ) ) ) ) I ) nnr H 109~=07886~16 UUL H 17 J ~ 23-HOU-1993 08=39 AM RECORDING REQUEST BY: CITY OF POWAY 2123 OFFICIAL RECORDS SAN DIEGO COUNTY RECOROER'S OFFICE ANNETTE EVANS, COUHTY RECORDER RF: 9.00 FEES: 23.00 AF: 13.00 MF: 1. 00 WHEN RECORDED MAIL TO: No Transfer Tax Due (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Kenneth Schreiner and Michele Schreiner ("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 275-282-1 $ ("PROPERTY" hereinafter\. In consideration of the approval of Variance 93,16 by the City of Poway' ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to abide by tonditions 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 In the event that Variance 93,16 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 partv 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 perfo ance of this Covenant the right to enforce this Covenant against OWN~rr . //-5'- 93 ~U Kenneth Schreiner and Michele Schreiner, OWNER (Notarize) Dated: CITY OF POWAY Dated: / tJ - c;J. 0 - <j:3 By: ~ 1J~[f- - rf~~ 21Z4 EXHIBIT A Lot 113 of GREEN VALLEY ESTATES UNIT NO, 9, in the City of Po way , County of San Diego, State of California, according to Map thereof No 4101, filed in the Office of the County Recorder of San Diego County, February 25, 1959. CALIFORNIA ALL.PURPOSE ACKNOWLE GMENT State of C Il-J. {FfJ A-If} In- } County of 5l'+-.J -p ( c t; .. (,,31 On ";r)l/eA1 /JeA.- S. before me, DATE G I-l-e" N STr:/tp 1M A.i NAME, TITLE OF FFICER. E.G., "JANE DOE, NOTARY PUBLIC' personally appeared l(,E.tVN'&"t"/f f. se~~{IlJI"L-.r- JI1letf"~ * NAMEI$) OF SIGNERIS) -:. e If 1l4r, If) ",/I..- o personally known to me . OR . ~ proved to me (1m the basis of satisfactory evidence to be the person(s) whose name(s) ~are subscribed to the within instrument and ac, knowled~ed to me that he/she/they executed the same in Ilili/I=ler/their authorized capacity(ies). and that by h.is/l=lerftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(~ acted, executed the instrument OFFICIAL SEAL H~LLEN F. STEADMAN NOT cry Pubtlc.Cc::~c::',\a SAN DIEGO COU:,;y My Commission I::~::::iros Jonuory 7. 1994 WITNESS my hand and official seal. 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. G:! 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(IES) ~7~~~ SIGNATURE OF NOTARY ~ OPTIONAL SECTION TITLE OR fyPE OF DOCUMENT &IfENItAh"" R.t:. ttllL- Ifl6Jled-ry NUMBER OF PAGES :l-... DATE OF DOCUMENT 1/ - ~ - 9 ;3 SIGNER(S OTHER THAN NAMED ABOVE IU 0 tJ ~ 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. @1992NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 2125 RESOLUTION NO. P- 93-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 93-16 ASSESSOR'S PARCEL NUMBER 275-282-15 WHEREAS, Variance 93,.16 submitted by Ken and Michelle Schreiner, applicants, requests approval for construction of a 352.9 square foot addition to the residence located at 13370 Fallen Leaf Road, The residence will observe side yard setbacks of only 10.6 feet when 20 foot setbacks are required in the RR-C zone; and WHEREAS, on October 26, 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 93-16 is exempt from the provisions of the California Environmental Ouality 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: Variance 93-16 1. The proposed project is consistent with the General Plan in that it proposes the construction of an addition to a single-family residence on a site which is designated for residential use. 2. That there are sptl!cial 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 cl<ilssification. The special circumstances include the fact that the lot is substandard in shape. This fact, ill combination with the encumbrance of the leach field on the lower portion of the lot, limits the applicant's ability to design an addition 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 EXHIBIT B 2126 Resolution No. P-93-53 Page 2 other property in the same vicinity and zoning for which the variance is sought. The variance will allow the applicant to construct a 352.9 square foot addition which is in keeping with the size of other residences found in the vicinity, 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 improvElments 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 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 othe,rwise 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 the Rural Residential. C zone, Section 3: Citv Council Decision: The City Council hereby approves Variance 93-16 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. APPLICANT SHAll CONTAqT THE DEPARTMENT 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. 2. The appropriate Building Department approvals shall be received prior to 2127 Resolution No. P-93-53 Page 3 initiation of construction. 3. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of City of Poway 4. Low flow plumbing fixtures are required in all new construction. 5. Self-generation water softeners are prohibited in accordance with Chapter 13.04 of the Municipal Code. 6, This permit shall become hull and void on October 26, 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 public street right-of-way or any City-held easement, APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WitH THE FOLLOWING CONDITIONS: 1. Roof covering shall be fire retardant as per USC Section 3203(e) and City of Poway Ordinance No. #64. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 26th day of October, 1993, ~;dd' ' L---~,- ~~ Don Higginson, Ma'. ATTEST: I-!. p'\J CVJ-.o:. L Marjori K. Wahlsten, City Clerk I hereby certify, under the penalty 01 perjury, that the above and loregoing is a true and eorreel copy 01 Resolution No.f-'f3 -S.3 , as adopted by the aly Council of Poway, California on the .2 (, #:; day of C9p~ ,19 '12 , MARJORIE K. W AHLSTEN, CITY ClERK byYJ&w 2t1~~/ .I~'7 2128 Resolution No. P-93-53 Page 4 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-93-53 ,was duly adopted by the City Council at a meeting of said City Council held on the 26th day of October ,1993, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE k '/V0-1J> -t-- Wahlsten, City Clerk ay E:ICITY\PlANNINGIREPORnv AR93 1 6.RES