Covenant Regarding Real Property 1993-0788656
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074.0789
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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In the event that Variance 93,16 expires or is rescinded by City Council at the request of the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