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Covenant Regarding Real Property 1992-0093378 RECORDING REQUEST' BY: ) ) ) ) ) ) ) ) ) ) ) ) CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 No Transfer Tax Due GS~ H 119~-00933f: 2:-rL~-i9;2 06~Gf /:.. ..,-; 505 J.-',:'. .-,~' ~ i ,",:"T-:- ,. F; ~ ;J. ,.il,.. '-,-,j' f- _if-; c"" (This space for Recorder's Use) Ij\ ~.~~ 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 In the event that Variance 91-11 and Minor Development Review 91-70 expire or are rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: J - r -q -z.-. Dated: )~J rl) Dated: ";ft J.~IhI'r J.J., I f9 -2- RICHARD SULPIZIO ~~!riE;v'~ ~~IA G. SULPIZ~O~/l " lflu/LL J ~ ~ OWNER (Not~e) ,~ CITY OF POWA,f By k?1.~ ;;)~-~..aa/ (No need t Nota ize) 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 * * * * * * * * *. * * * * * * * * State of * * * County of ) ) SS. * * * * * * * * * * * * * * * * * * * * * 'Ie * * * * * 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. * * * me, * * * * * * * * * * *' * * * * * * * * * * * Notary's * * * * * * * * * * * * * * * * * * * * 'Ie * * OFFICIAL SEAL NJI.NCY N NEUFELD No",", public-California SAN"DiEOO COUNTY MlI Camm. E"". Doc. 21,11lll2 * to * to * * * * * * * '" * ~~ * * * .'.* * * n * * * * * * 1r * state of {'().t~NfU'.t : County of ~AA ,~1 ~ r- * * * * * * * * OFFICIAL SEAL NANCY N NEUFELD NollllY Pub1Jo.C&li1omla SAN DIEGO COUNTY loti Comm. Exp. Doc. 21, 111112 507 * * * 'Ie * * * * 'Ie * * * * * * * * * * * * * * * * * * * * * * * * ) "".'" tlrls ,,":~~Y ~'J~'h;i' 19'tL. bef~"". : ) -1.b~ ~I-e~ , * 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 * , * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E'~~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * OJ this the day of 19 ,before Ire, * ) ss. * ) , * * * * * * * * * * N:>tary' s signature * ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ' State of * * County of * * * * * * * * * * * * .. ~~ * * * * * * * * * * * * * * state of * * County of * * * * * * * * * * * * * * * icial seal. * * * * * * * * * * * * * * * * * * * * * * * * * * the undersigned N:>tary 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 instru!rent 00 behalf of the partnership, and acknowledged to Ire that the partnership executed it. WI'mESS my hand and official seal. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * OJ this ) SS. ) day of 19_, before Ire, the , * * * * * * the undersigned Notary Public, personally appeared , t1 personally knCMI1 to Ire * * 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 * * * * therein naJIBi, executed it. WI'mESS my hand and official seal. * * . . . . . . . . . . . . ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ . . . . . * . . . . . . . . . . ~ ~ . N:>tary's Signature ;: " l: l~': L I..., ~,:....:.:,:.~ I'.'i.'iii .L 508 I 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. ~ 1 r ~ ...~ 3. . 509 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. t ? :':' " ::~ "'1 ',j .~;~; 1~ {~: ";j .:.:~ I....... ',','Hii ,...... 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. r.... :'>1il ,..i>: l r,::.:/':i, ~:)X~, , 510 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. ),' ~ , e -.", 1 ' , ~..~ 1 I , '. ~ ! " .' ~ ., -j " ", L ';'.:~ /Ij ,:.:.1 ";":'l dj :..::j );~ ':.::. ,':i " Pi :...j :.'A /:,;,:,:,' ..1.... ...... l 511 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. , 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. , ;j . ~E ~ l~ [ :l~ :;1 '~fl ':: '::] :~ ;j 1<::<:::::. r//S I, .. 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: ____-I ,-- I / C~, .- i:..." / L/ "- Jan Goldsmith, Mayor , .~ tl/0,~ Wahlsten, City Clerk 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-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 ,