Covenant Regarding Real Property 1992-0284905
1971
oor-'~ 1992-0284905
12-MAY-1992 oal49 AM
-.RECORD I NG REQUEST BY:
CITY OF POWAY
)
) OFfICIAl. RECDi
) 5AH DIEGO CWHTY RECORDER'S Df-mE
) AHIIETTE ElJtlHS, CWHTY RECORDER
) RF' 10.00 FEES' 26.00
)) t Af: 15.00
If: 1.00
)
)
)
)
) (This space for Recorder's Use)
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY. CA 92064
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Larry Wayne Porter and Donna Jean Porter, husband and wife as
joint tenants ("OWNER" hereinafter) are the owners 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 322-
041-20 ("PROPERTY" hereinafter). In consideration of the approval
of Variance 92-04 and Minor Development Review 92-10 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, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that Variance 92-04 and Minor Development Review
92-10 expires or is rescinded by City Council at the request of the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 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.
Dated: 5-?>-91.. LARRY WAYNE ~R Iff' ~
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. NA JEAN R ER ~
Dated:
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Dated:
By
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(No need to tarize)
1972
LEGAL DESCRIPTION
PARCEL 3 OF PARCEL MAP NO. 4672, BEING A PORTION OF PARCEL 1 OF
PARCEL MAP NO. 3633, FILED IN THE COUNTRY RECORDER OF SAN DIEGO
COUNTY, MARCH 20, 1975. BEING A PORTION OF THE SOUTH HALF OF
SECTION 10, TOWNSHIP 14 SOUTH. RANGE 1 WEST. SAN BERNARDINO BASE
AND MERIDIAN, IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF.
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n19 73
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State of c.Ptl.J~okl{l-
County of 513-1'1 'D/€G-lJ
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en this the fSi:- day of
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19~, before m=, *
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the undersigned lbtary Public, personally appeared
LAllay uJA'IAI€~~teL ~JI'i) ~l't'I;{JII- :TGIJIY -----:'Pllt6L, *
-a ~"""...1.1.l' kuuwu 1::<> HE
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gJ.. prOl7ed. to m= on the basis of satisfactory evidence
to be the person(s) whose name(s) Iret:- subscribed
to the within instrunent, and ac:knc1Nledged that -rH~'T'
executed it.
WI'rnESS my hand and official seal.
GfR~t~~~ :
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~.. OFFICIAL NOTARY SEAL
. PHYLLIS CAROL MANFUL
! 7~ Notary Public - California
~ SAN DIEGO COUNTY
, . My Comm. Ex_ DEe 05,1005
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?AlmlERSBIP ~
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en this the day of 19 _, before m=, *
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, State of
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the undersigned lbtary Public, personally appeared
t1 personally known to m=
t1 proved to m= on the basis of satisfactory evidence
to be the person(s) who executed the within instrullent
00 behalf of the partnership, and ac:knc1Nledged to Ire that
the partnership executed it.
WI'rnESS my hand and official seal.
.
· Notary's Signature *
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:x:m>cEATE ~
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en this the day of 19 _, before Ire, *
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. State of
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the undersigned Notary Public, personally appeared
t1 personally known to Ire
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t1 proved to Ire on the basis of satisfactory evidence to
be the person (s) who executed the wi thin inst:runent as
or on behalf of the corporation *
and acknc::lwledged to Ire that the corporation *
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therein naxred,
executed it.
WI'rnESS my hand and official seal.
. lbtary I 5 Signature
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'-"174
RESOLUTION NO. P-92-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 92-04 AND
MINOR DEVELOPMENT REVIEW 92-10
ASSESSOR'S PARCEL NUMBER 322-041-20
WHEREAS, Variance 92-04 and MDRA 92-10, Eckert Home Builders
Inc., applicant, and Larry and Donna Porter, owners, request
approval to add 1367 square feet of additional living area and a
1219 square foot garage to an existing single-family residence
located on the property at 14548 Crestline Drive in the RR-A zone;
and
WHEREAS, on May 5, 1992, the City Council held a hearing on
the above referenced item.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
This project is exempt from Environmental Review under Class
5 and 1 of the CEQA Guidelines as it is a minor alteration in
land use limitations and the construction of an addition to an
existing single-family residence.
Section 2: Findinqs:
Variance 92-04
1. The proposed project is consistent with the existing
general plan in that it proposes an expansion to existing
residential development on a site which is designated for
residential use and the addition has been sited to avoid
alteration to the natural landform.
2. That there are special 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 classification.
The special circumstances include the fact that the
existing graded building pad is located on the side of a
hill. This fact, in combination with the location of
existing improvements on the lot, including the septic
tank and leach field limit the applicants ability to
design an addition which meets standard setback
requirements without causing excessive alteration to the
natural landform.
3.
That granting
necessary for
variance or
preservation
the
the
its
and
modification is
enjoyment of a
EXHIBIT B
1975
~
Resolution No. p-92-20
page 2
substantial property right possessed by other property in
the same vicinity and zoning for which the variance is
sought.
The variance will allow the applicant to enlarge the
existing residence to a total of 2405 square feet which
is in keeping with the size of other residences found in
the vicinity.
4. The granting of 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.
5.
The proposed encroachment will not have a negative impact
due to the fact that the lots in the area are large and
the nearest residence is approximately 70 feet from the
common property line, which will allow an ample
separation of 120 feet between the two houses.
That the granting of this variance does not constitute a
special privilege inconsistent with the limitation upon
other properties in the vicinity and zone.
That the granting of this variance does not allow a use
or activity which is not otherwise expressly authorized
by Zoning Ordinance regulations governing the parcel or
property in that the proposed project is an expansion of
a residential unit in the RR-A zone.
L
6.
Minor Development Review 92-10
1. That the proposed development is consistent and in
conformance with the poway General plan in that the
proposed use is a two story addition to an existing
single-family residence and the general plan designation
is Rural Residential A which permits residential uses.
2. That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties, in that the grading
design, building placement, construction method, building
materials, and elevations will be compatible with
surrounding properties.
3.
That the proposed development is in compliance with the
Zoning Ordinance, in that with the granting of the
variance, it complies with the property development
standards in the RR-A zone.
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1976
Resolution No. p- 92-20
page 3
That the proposed development encourages the orderly and
harmonious appearance of structures and property within
the City, in that all surrounding properties are under
the same zoning designation as the subject lot and can be
developed as single-family residences similar to the
proposed project.
Section 3: City Council Decision:
4.
The City Council hereby approves subject to the following
conditions:
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 CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
The site shall be developed in accordance with the approved
site plan and elevations on file in the Planning Services
Department.
The appropriate Building Department approvals shall be
received prior to initiation of construction.
3. All existing on-site utility' poles shall be removed and all
new utilities shall be installed underground. Please contact
SDG&E Planning Division at 480-7617. Completion of
undergrounding shall be prior to issuance of a Certificate of
Occupancy.
1.
2.
4. School impact fees shall be paid prior to issuance of building
permits.
5. water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of City of
poway.
6. Low flow plumbing fixtures are required in the new structure.
7. Future grading of the hillside portions of the subject lot
shall be prohibited unless approved by City Council.
8.
Self-generating water softeners are prohibited in accordance
with Chapter 13.04 of the Municipal Code.
This permit shall become null and void on May 5, 1994 if
building permits have not been issued.
9.
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1977
Resolution No. p-92-20
page 4
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Roof covering shall meet Class A fire retardant testing as
specified in the Uniform Building Standards No. 32-7 for fire
retardant roof covering materials, per City of poway Ordinance
No. 64.
2. Approved numbers or addresses shall be placed on the building
in such a position as to be plainly visible and legible from
the street fronting the property. Said numbers shall contrast
with their background. Address shall be required at private
driveway.
3. Each chimney used in conjunction with any fireplace shall be
maintained with a spark arrester.
4.
Every building hereafter constructed shall be accessible to
Fire Department apparatus by way of access roadways with all-
weather driving surface of not less than 20 feet of
unobstructed width, with adequate roadway turning radius
capable of supporting the imposed loads of fire apparatus
having a minimum of 13' 6" of vertical clearance. The road
surface type shall be approved by the City Engineer, pursuant
to the City of poway Municipal Code.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The applicant shall pay a $500 inspection fee to the City's
Engineering Services Department prior to building permit
issuance. Such fee is to be used to pay for City Inspector's
time in making necessary inspections of the project site that
are required prior to, issuance of said building permit and/or
Certificate of Occupancy.
2. A right-of-way permit shall be obtained from the City I S
Engineering Services Department for any work to be done within
the public street right-of-way or any City-held easement.
Said work shall include, but is not to be limited to,
construction of driveway approach, sewer lateral installation,
water service line installation, street construction
(including concrete curb, gutter, and sidewalk). Permit shall
be obtained prior to start of work.
Construct an all-weather surface of 20 feet of unobstructed
width of which 16 feet is paved for fire access from the
nearest publicly maintained road to the parcel. This may be
accomplished by construction of two inches of asphalt paving
on the existing roadway from the parcels existing driveway
southeast approximately 300 feet to the next driveway.
3.
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1978
Resolution No. P-92-20
Page 5
APPROVED and ADOPTED by the City Council of the City of Poway,
state of California, this 5th day of May 19 2.
ATTEST:
ith, Mayor
k t1-U~ b-
Wahlsten, City Clerk
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, c~ty Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-92-20 , was duly adopted by the City Council
at a meeting of said City Council held on the 5th day of _
May , 1992, and that it was so adopted by the following
vote:
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NOES:
ABSTAIN: NONE
ABSENT: NONE
/11~ k 1U~-fi.-
Marjorir_~~ wahlsten, City Clerk
City of~ay
REPORTlWORA921D.RES