Covenant Regarding Real Property 1990-472694
1058
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RECORDING REQUEST BY:
CITY OF POWAY
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WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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COVENANT REGARDING REAL PROPERTY
Harry S. George and Diana S. George, husband and wife ("OWNER" hereinafter)
is the owner 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
314-051-01 ("PROPERTY" hereinafter). In consideration of the approval of
Variance 90-05 and Minor Development Review 90-25 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 90-05 and Minor Development Review 90-25 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or are rescinded by City Council at the request of the OWNER, CITY shall expunge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
CO$~S, 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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Oated:
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CITY OF POWAY
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1070
LOT 289 OF CITY OF POWAY TRACT NO, 4191-4R, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO,
12270, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
NOVEMBER 30, 19B8
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1071
RESOLUTION NO. P- 90-53
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY. CALIFORNIA
APPROVING VARIANCE 90-05 AND
MINOR DEVELOPMENT REVIEW 90-25
ASSESSOR'S PARCEL NUMBER 314-051-01
WHEREAS, Variance 90-05, submitted by Robert Hogarth, applicant, Harry and
Diana George, owner, requests approval to allow a seven foot encroachment of an
eight to ten foot high tennis court fence into the required front yard setback
at 14110 Palisades Drive in the PC (Planned Community) zone; and
WHEREAS, on JUly 31, 1990, 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 of poway does hereby resolve as follows:
Section 1: Environmental Findings:
The project is exempt from Environmental review. It qualifies for a Class 5
categorical exemption under CEQA Guidelines because the variance is a minor
alteration to land use limitations.
Section 2: Findings:
Variance 90-05
1. That there are special circumstances applicable to the property (size,
shape, topography, location, or surroundings) or the intended use of
the property, and because of this, the strict application of the Zoning
Development Ordinance deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning classification.
The unusual shape of the property, in conjunction with the encumbrance
of three sizeable easements, limits the amount of buildable area of the
lot.
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 zone and denied to the property
for which the variance is sought.
By granting the variance. the owner will be able to enjoy a use enjoyed
by some property owners in the same vicinity.
3. That granting the variance or its modification wil 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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Resolution No. P- 90-53
Page 2
The tennis court will not be injurious to other properties in the vicin-
ity but will increase the value of the subject lot which indirectly
could improve the surrounding property values.
4.
The granting of this variance does not constitute a special privilege
inconsistent with the limitation upon other properties in the vicinity
and zone in which such property is situated, especially, considering
the developable lot area is limited by three sizeable easements.
The granting of this variance does not allow a use or activity which is
not otherwise expreSSly authorized by zoning regulations governing the
parcel of property.
That the granting of the variance or its modification will not be
incompatible with the Poway General Plan in that the site is designated
for single-family development and related accessory uses.
5.
6.
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Minor Development Review 90-25
1. That the proposed development is in confonnance with the poway General
Plan in that the proposed use is an accessory use to a single-family
residence.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining prop-
erties, in that the tennis court fence will be adequately screened to
surrounding properties with landscaping.
3. That the proposed development is in compliance with the Zoning
Ordinance, in that with the granting of the variance, it compl ies with
the property development standards of the Rancho Arbolitos Planned '
Conrnunity.
4. That the proposed development encourages the orderly and hannonious
appearance of structures and property within the City, in that all of
the surrounding properties are under the same zoning designation as the
subject lot; are developed as single-family residences; and some have
added tennis courts.
Section 3: City Council Decision:
The City Council hereby finds that Variance 90-05 and Minor Development
Review 90-25 are approved subject to the following conditions:
Within 30 days of approval: (I) The applicant shall submit in writing that
all conditions of approval have been read and understood; and (2) the prop-
erty owner shall execute a Covenant on Real Property.
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1073
Resolution No. P- 90-53
Page J
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. The property shall be developed in accordance with the approved site plan
and elevations on file with the Planning Services Department.
2. The appropriate Building Department approvals shall be received prior to
initiation of construction.
3. Landscaping shall be installed to screen the tennis court. A landscape plan
shall be submitted to the Planning Services Department for approval prior to
issuance of building permits.
4. The back court fence of the tennis court shall be a minimum height of eight
feet but shall not exceed ten feet. The back court fence closest to
Palisades Drive shall be constructed of open fencing. A mesh wind screen
shall be allowed on this section of the fence (the back court fence closest
to Palisades Drive) subject to clearance by the City Engineer.
5. Approval of this variance and minor development review shall not waive
compliance with all other sections of the Zoning Development Code and all
other applicable City ordinances in effect at the time of building permit
issuance.
6. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable code and ordinances in effect at
the time of building permit issuance.
7. This permit shall become null and void on July 31, 1992 if building permits
have not been issued.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. A right-of-way permit shall be obtained from the City'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.
2. The site was graded per City approved grading plan G447-88. Any modifica-
tion to the approved grading which will result in the movement of more than
50 cubic yards requires a grading permit to be obtained prior to start of
the grading operation. Additional inspection fee may be required.
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.~074
Resolution No. P- 90-53
Page 4
An encroachment permit shall be obtained from the City's Engineering
Services Department for any encroachment over/within the City's existing
easements. Applicant shall pay the applicable recordation fees and pro-
cessing fee of $15.
4. The 24 inch box evergreen ash north of the tennis court and the ten foot
palm in the rear yard should be relocated so as to not interfere with vehic-
ular access to the drainage facilities.
5. Since the encroachments make access through the easements difficult, the
owners shall grant a right-of-entry to the City of Poway. This document
will enable the City to access the public facilities on the property through
a route not encumbered with an easement. Please contact the Engineering
Services Department for execution and recordation of the document. Owners
shall be responsible for payment of the necessary recording fees.
6. Please contact Engineering Services for payment of water, drainage, sewer,
traffic mitigation, and park fees prior to building permit issuance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 31st day of July, 1990.
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Don Higginson, May
ATTEST:
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Marjorie K. Wahlsten, City Clerk
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1075
Resolution No. p- 90-53
Page 5
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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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-9~-53, was
~111 adopted by the City Council at a meeting of said City Council held on the
t day of July , 1990, and that it was so adopted by the fall owi ng
vote:
AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: KRUSE
R/R-7-31.8-11A
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Marjorie Kl Wahlsten, City Clerk
City of~Way