Covenant Regarding Real Property 1992-0093378
RECORDING REQUEST' BY:
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CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
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COVENANT REGARDING REAL PROPERTY
Richard Sulpizio and Maria G. Sulpizio, 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 275-
520-11 ("PROPERTY" hereinafter). In consideration of the approval
of Variance 91-11 and Minor Development Review 91-70 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 91-11 and Minor Development Review
91-70 expire or are rescinded by City Council at the request of the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:
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Dated:
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Dated:
";ft J.~IhI'r J.J., I f9 -2-
RICHARD SULPIZIO
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~~IA G. SULPIZ~O~/l "
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OWNER (Not~e) ,~
CITY OF POWA,f
By
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506
Lot 74 of GREEN VALLEY HIGHLANDS UNIT NO.2, in the City of Poway, County of San
Diego, State of California, according to Map thereof No. 6596, filed in the
Office of the County Recorder of San Diego County, February 25, 1970.
Together with that portion of the Easterly Half of Stone Canyon Road adjoining
said Lot 74 on the West lying Northerly of a line bearing South 72055'00" West
from the Southwest corner of said Lot 74 and lyin9 Southerly of a line bearing
South 72019'30" West from the Northwest corner of said Lot 74.
PARCEL 2:
An easement for ingress and egress over that portion of Stone Canyon Road that
would revert by law to Lot 75 of the GREEN VALLEY HIGHLANDS UNIT NO.2. Said
easement to be made and be appurtenant to Lot 74 of GREEN VALLEY HIGHLANDS UNIT
NO.2.
. GENERAL ACKNOWLEDGMENT
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* State of
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County of
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On this theJ/~ day of ~J-IJ'1'jfL~~ 191?Qt, before
A)a..~ JJo )JPLI C'p/4
the udersign d Notary Public, personnally appeared
!-,;Jta.J>.4 :;;/)/1,'2-/'0
[] personally known to me
~ved to me on the basis of satisfactory evidence
be the person~ whose name(E} /:0 subsqibed
the within instrument, and acknowledged that ~_
executed it.
WITNESS my hand and official seal.
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OFFICIAL SEAL
NJI.NCY N NEUFELD
No",", public-California
SAN"DiEOO COUNTY
MlI Camm. E"". Doc. 21,11lll2
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* state of {'().t~NfU'.t
: County of ~AA ,~1 ~ r-
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OFFICIAL SEAL
NANCY N NEUFELD
NollllY Pub1Jo.C&li1omla
SAN DIEGO COUNTY
loti Comm. Exp. Doc. 21, 111112
507
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) "".'" tlrls ,,":~~Y ~'J~'h;i' 19'tL. bef~"". :
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the S1gned N:>tary ie, personally appeared *
JlJa.l';o_g. Sulf;~I-"
t1 persobally known to Ire
~oved to Ire on the basis of satisfactory evidence
to be the person (~ whose name<'f> .io subscribed *
to the within instrunent, and aC:krlcMledged that vJp, *
executed it.
'mESS hand
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OJ this the day of 19 ,before Ire, *
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* N:>tary' s signature *
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* ' State of
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icial seal.
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the undersigned N:>tary Public, personally appeared
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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 instru!rent
00 behalf of the partnership, and acknowledged to Ire that
the partnership executed it.
WI'mESS my hand and official seal.
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OJ this
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before Ire,
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the undersigned Notary Public, personally appeared
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t1 personally knCMI1 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 instru!rent as *
or on behalf of the corporation *
and acknowledged to Ire that the corporation *
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therein naJIBi,
executed it.
WI'mESS my hand and official seal.
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N:>tary's Signature
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508
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RESOLUTION NO. P-92-07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 91-11 AND
MINOR DEVELOPMENT REVIEW 91-70
ASSESSOR'S PARCEL NUMBER 275-520-11
WHEREAS, Variance 91-11 and Minor Development Review 91-70
submitted by Richard and Maria Sulpizio, applicants, request
approval for construction of a 1200 square foot room addition which
will observe an eight foot side yard setback at the closest point
where a 20 foot setback is required at 15812 Lime Grove Road in the
RR-C (Rural Residential C) zone; and
WHEREAS, on February 4, 1992, 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 resol ve as
follows:
Section 1: Environmental Findinqs:
The City Council finds that Variance 91-11 and Minor
Development Review 91-70 are exempt from the provisions of the
California Environmental Quality Act, Categorical Exemption
Class 5 and 3 as the project is an addition to an existing
single-family dwelling (Class 3) and a minor alteration to
land use limitations (Class 5).
Section 2: Findinqs:
Variance 91-11
1.
2.
The proposed project is consistent with the general plan
in that it proposes an expansion to existing residential
development on a site which is designated for residential
use.
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 lot
is substandard in total area and in width. This fact, in
combination wi th the location of existing improvements on
the lot, including the septic tank, leach field, and
swimming pool, limit the applicants ability to design an
addition which meets standard setback requirements.
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Resolution No. P-92-07
Page 2
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 variance is
sought.
The variance will. allow the applicant to enlarge the
existing residence to a total of 3904 square feet 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 improvements
in such vicinity and zone in which the property is
located.
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The proposed encroachment will not have a negative impact
due to the fact that the sloping topography of the lot
and large front yard setback will minimize the additions
visibility from the street and also because the nearest
adjacent home is 40 feet from the common property line
which will allow an ample separation of 48 feet between
the two houses.
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 other
variances for side yard setbacks have been granted in the
Green Valley area where many existing homes do not
observe the 20 foot side yard setback due to the fact
that setback and lot size requirements were increased
significantly in 1983 when poway' s General plan was
adopted.
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 an expansion of
a residential unit in the Rural Residential - C zone.
6.
Minor Development Review 91-70
1.
That the proposed development is in conformance with the
poway General Plan in that the proposed use is single
family residential.
That the proposed development will not have an adverse
aesthetic health, safety, or architecturally related
impact upon adjoining properties, in that the roofline,
construction method, bu~lding materials, and elevations
will be compatible with surrounding properties.
2.
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Resolution No. p-92-07
page 3
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 of the RR-C zone.
4. 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 designations as the subject lot and are
developed as single-family residences similar to the
proposed project.
Section 3: City Council Decision:
The City Council hereby approves variance 91-11 and Minor
Development Review 91-70 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
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SERVICES
approved
Services
1. The site shall be developed in accordance with the
si te plan and elevations on file in the Planning
Department.
2. The appropriate Building Department approvals shall be
received prior to initiation of construction. .
3. Any 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.
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 all new
construction.
7.
Self-generation water softeners are prohibited in accordance
with Chapter 13.04 of the Municipal Code.
8. This permit shall become null~and void on February 4, 1994 if
building permits have not been issued.
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Resolution No. p-92-07
Page 4
APPLICANT SHALL, CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. A grading plan for the development of the property shall be
submitted to the City's Engineering Services Department for
review and approval prior to issuance of a grading permit and
start of grading operation unless grading involves earthwork
movement of less than 50 cubic yards. If no grading is
required, a certification from a State Registered Civil
Engineer-indicating the amount of earthwork shall be furnished
to said City's Engineering Services Department and a $500
inspection fee shall be paid prior to building permit
issuance.
2. The following development fees shall be paid to the
Engineering Services Department prior to building permit
issuance. These fees are currently in effect and are subject
to change.
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Traffic Mitigation Fee
Park Fee
$ 640
$2500
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
Annex parcel into LMD 86-1 at a 50 percent rate. Assessment
at this rate for Fiscal Year 1991-92 is $115.98. The rate of
assessment and fiscal year assessment are subject to change.
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
wi th their background. Minimum height of address numbers
shall be four inches. Address shall be required at private
driveway.
Each chimney used in conjunction with any fireplace shall be
maintained with a spark arrester.
3.
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512
Resolution No. p-92-07
Page 5
APPROVED and ADOPTED by the City Council of the City of poway,
state of California, this 4th day of February 199,2.
ATTEST:
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Jan Goldsmith, Mayor
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Wahlsten, City Clerk
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-92-07 , was duly adopted by the City Council
at a meeting of said City Council held on the 4th day of
Februa ry ,1992, and that it was so adopted by the follow ing
vote:
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NOES:
ABSTAIN: NONE
ABSENT: NONE
Clerk
REPORTIVAR9111.RES
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