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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 In the event that Variance 92-04 and Minor Development Review 92-10 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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' ~ ~",.)~ . NA JEAN R ER ~ Dated: y f -'1'2... 7!, S;, /99d.- Dated: By 'iLL___ Z)~-f - 0AJ2/';j-p,. (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. ~~ n19 73 .'. * * * * * * * * * * * * * State of c.Ptl.J~okl{l- County of 513-1'1 'D/€G-lJ * * * * * * * * * * * * * en this the fSi:- day of ) 88. ) * * * * rn Pt '( . * * * * * * * * * * * * 19~, before m=, * * * * * ---::PlflfLL/.5 e..fft20L rn ft/ll~() L- 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 , , , , 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~~~ : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~.. OFFICIAL NOTARY SEAL . PHYLLIS CAROL MANFUL ! 7~ Notary Public - California ~ SAN DIEGO COUNTY , . My Comm. Ex_ DEe 05,1005 , , t * * * * * * * * * * * * * ?AlmlERSBIP ~ t * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * en this the day of 19 _, before m=, * 88. * * * * * * * , State of , ) . County of ) . , . . , . . . . . . . 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 * t * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * :x:m>cEATE ~ t * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * en this the day of 19 _, before Ire, * ) SSe * ) , * * . State of . . County of . . . . . . . . . * . . . the undersigned Notary Public, personally appeared t1 personally known to Ire . 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 * * * * * * * therein naxred, executed it. WI'rnESS my hand and official seal. . lbtary I 5 Signature t * * * * * * * * * * * * * * * * . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , , * * * * * * * * , * * * * * * * ~ l~ [ V~A [...... I \, '-"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. !:':"h'I!l !:::::r ~ [ I:'fii ....... [": 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. ~ L 1;\;;;1 i L 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. C I ~A L f.f~~~ , , l 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