Covenant Regarding Real Property 1992-0666803
O H 190~ n."8~~
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20-0CT-1992 09=36 A~
RECORDING REQUEST BY: )
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CITY OF POWAY )
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WHEN RECORDED MAIL TO: )
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CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
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No Transfer Tax Due )
1006
OFFiCIAL RECOROS
SAN DIEGO cOUHTY ~EcORDER'S OFFIC:
AHHETTE EVANS, ~OUHTY RECORDER
RF: 9.00 FEES: 2:.00
!IF: 13.00
MF' 1. 00
(This SDace for Recorder's Use)
COVENANT REGAPOING REAL PROPERTY
Edward L. Turley and Karen N. Turley, husband and wife, as to Ian undivided
20 percent interest and William Griswold and Valerie Griswold, husb~nd and wife,
as to an undivided 80 percent interest as tenants in common ("OWNER" hereinafter)
are the owners of real property described in Exhibit A which is att,ached hereto
and made a part hereof and which is commonly known as Assessor's P~rcel Number
323-010-07 ("PROPERTY" hereinafter). In consideration of the approval of
Variance 92-10 by the City of Poway ("CITY" hereinafter), OWNER her~by 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 andiinure to the
benefit of the future owners, encumbrancers, successors, hei~s, personal
representat i ves, transferees and assigns of the respective part i esi.
In the event that Variance 92-10 expires or is rescinded by ~ity Council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 e:ltitled to full reimbursement of
all costs, including reasonable attorneys' fees, from the other parly. The CITY
may assign to persons impacted by the performance of this Covenant Ithe right to
enforce this Covenant against OWNER.
Dated: /0-/.3 -1' 2-
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Dated: 10-1""3-92
Dated: 10 -/~-t.j:;).
Dated: /0-/31':2
WILLIAM OLD, OWNER (Notarize)
p;)~ 2kL?AA~i
VALERIE GRISWOLD, OWNER !(Notarize)
Dated: f~/f'92....
CITY OF POWA:y ~ d ~.
(No ne d to Notari ze,)
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CountYOfC\YkI'1IAO'o~(J) ~H'ILLI:S eAIZ([JL /J1AAI;LuL ,*
the undersigned Notary Public, personallli appeared ..
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to the within instrument, and acknowl!O!dg that -rH 6"'r' *
executed it. *
~ my hand and official seal. :
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On this the day -of 19 _, before 100, *
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the undersigned ~tarj Public, personally appeared *
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day of 19 _' before me, *
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· Notary's Signature .
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fi-. .. OFFICIAL NOTARY SEAL
! '. PHYLLIS CAROL MANFUL
; -.' .. ~ Notary Public - California
. .~. - , SAN DIEGO COUNTY
My Comm. Expires OEe 05,1995
PlIR'mERSHIP ~
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o personally known to 100
o proved to me on the basis of satisfa~tory evidence
to be the person(s) who executed the within instrument
on behalf of the partnership, and acknowledged to me that
the partnership executed it.
WITNESS my hand and official seal.
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On this the
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the undersigned Notarj Public, personallV appeared
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o personally known to me
n proved to me on the basis of satisfabtory evidence to
'Ee the person(s) who executed the within instrument as
or on behalf of the corporation
and acknowledged to me that the corporation
therein narred,
executed it.
WI'rnESS my hand and official seal.
1009
RESOLUTION NO. P-92-53
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 92-10
ASSESSOR'S PARCEL NUMBER 323-010-07
WHEREAS, Variance 92-10 submitted by Ed Turley and Will i~m Griswold,
applicants, request the approval to allow the construction of a retaining wall
up to 14 feet in height in conjunction with the construction of a new single-
family home at 13891 Bernadotte Lane in the RR-C zone; and
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WHEREAS, on October 6, 1992, the City Council held a duly advertised publ ic
hearing to solicit comments from the public, both pro and con, relative to this
application.
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NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council finds that Variance 92-10 is exempt from the prOV1Slons
of the California Environmental Quality Act, Categorical Exemption Classes
3 and 5 as the project is an accessory to a new single-fam!i1y dwell ing
(Class 3) and a minor alteration to land use limitations (ClASS 5).
Section 2: Findinas:
1. The proposed project will be consistent with the existing general
plan in that the home is designed on a split-level foundation in
compliance with General Plan Land Use Requirements for properties
containing slopes in excess of 25 percent located within the grading
envelope.
2. That there are special circumstances applicable to the property, and
because of this, the strict application of the Zoni~g Ordinance
deprives the property of privileges enjoyed by other ~roperties in
the vicinity under identical zoning classification.
The special circumstances associated with the subject property that
lend support for a variance are related to its steep gradient, a
major topographical constraint. The lot has a relati!vely uniform
slope of approximately 35 percent including that area lqcated within
the limits of grading. The foundation of the house is designed as
a spl it-level in compl iance with Poway General PlaO Standards,
however a Fire Department turnaround area is required t~ be built as
part of the parking area adjacent to the garage. . The minimum
dimensions of the turnaround necessitate additional grading in
conjunction with the large retaining wall in order to provide
sufficient room.
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
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1010
4.
Resolution No. P-92-53
Page 2
variance is sought. This is one of the last lots to be ideveloped in
the Belvedere Estates neighborhood. Lots along Belyedere Drive
generally contain similar slope gradients but the homels were built
at an earl ier time with lesser development standards. ,Host of them
are also located closer to the roadway and therefore dq not require
driveway space in which to turn fire vehicles around.
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 because the wall will be partially
screened from view being set back 50 from the edge of the graded
slope and due to the angle of viewing from the valley floor. The
wall will also be required to be stuccoed to match the new home and
planted with trailing vines to achieve a softened appe:arance.
s.
That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other ~roperties in
the vicinity and zone in that many of the houses constructed in the
vicinity were constructed at an earlier time and were not required
to provide a fire turnaround.
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 a necessary design feature built in conjunction
with the construction of a new single-family dwelling.
Speci a 1 ci rcumstances do exi st in that the property is
topographically constrained and in order to construct a home on the
lot a fire turnaround must be provided; therefore, granting the
variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same
vicinity.
Section 3: Citv Council Decision:
6.
The City Council hereby approves Variance 92-10 subject to the following
conditions:
Within 30 days of approval (1) The applicant shall submit in jwriting that
all conditions of approval have been read and understood; 'and (2) the
property owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
1011
Resolution No. P-92-53
Page 3
2. Revised site plans and building elevations incorporating all ~onditions of
approval shall be submitted to the Planning Services Depart~ent prior to
issuance of building permits. .
3. Approval of this request shall not waive compliance with all sections of
the Zoning Development Code and all other applicable City IOrdinance in
effect at the time of building permit issuance.
4. The retaining wall will be subject to an adequate structural design
responsive to soil and drainage conditions.
5. The retaining wall shall be stuccoed to match the new home 1n both color
and texture. This shall be accomplished prior to granting the Certificate
of Occupancy.
6. Trailing vines, of a variety acceptable to the City Landscape Architect,
shall be installed behind top of wall, a minimum of five gallon size
containers, and planted a minimum of eight feet on center. ,These plants
shall be maintained with the intent of screening the size o~ the exposed
retaining wall surface and shall be planted with the low-flow irrigation
system in place prior to granting of the certificate of occupancy.
7. This permit shall be null and void on October 6, 1994 if bUilding permits
have not been issued.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 6th day of October, 1992.
vi.--
Ja Goldsmi h, M~yor
ATTEST:
)n~~ k' 7\Jwu,h-
MarjOr~~. Wahlsten, City Clerk
.1012
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Resolution No. P- 92-53
Page 4
STATE OF CALIFORNIA
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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-92-53
, was duly adopted by the City Council at a meeting of said City Council
held on the ~ day of October , 1992, and that it was so adopted
by the following vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
'yn ~ L ).( 1U~-t..-
Marjorie ~. Wahlsten, City Cl~rk.
City o~oway
REPORT\VAR9210.RES