Covenant Regarding Real Property 1996-0294706
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12-JUN-199~J
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RECORDING REQUEST BY:
CITY OF POWAY
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WHEN RECORDED MAIL TO:
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CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Bettina M, Bellini, ("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 275-
353-01 ("PROPERTY" hereinafter). In consideration of the approval of Environmental Assessment and
Variance 94-14, Robert J. Maus, Applicant by the City of Poway ("CITY" hereinafter), OWNER hereby agrees
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,
I n the event that Environmental Assessment and Variance 94- 1 4 expires or is rescinded by City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 en@ed 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:
2-;2/' fo
G~tt/ddu;~ .
Bettina M. Bellini, OWNER (Notarize)
CITY OF POWAY
Dated:
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By:
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lEGAL DESCRIPTION
THE lAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN
DIEGO AND IS DESCRIBED AS FOllOWS:
LOT 9 OF VALLE DEL NORTE NO. I IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4638, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 28, 1960.
EXHIBIT A
. CALiFORNIA ALL.PURPO&", ACKNOWLEDGMENT
1426
No. 5907
State of
County of
CALIFORNIA
SAN
DIEGO
On 2/21/95
before me, KAREN LYNN KINCAID, NOTARY PUBLIC
DATE
NAME, TITLE OF OFFICER - E.G" "JANE DOE, NOTARY PUBLIC"
personally appeared
***********BETTINA M. BELLINI**************************
NAME(S) OF SIGNER(S)
!jQl personally known to me - OR - D proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
Karen Lynn KiOC8id
Comm. _187
'flolfr PUIUC .
_DIEGO CQIIftY
c-.1EIpINo..., 31, 1117 ..
WITNESS my hand and official seal.
~fp It t~.Y] ~.l1.1I1.L)
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE{S)
TITLE OR TYPE OF DOCUMENT
D PARTNER(S)
D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSQN(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
RESOLUTION NO. P- 95-08
1427
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 94-14
ASSESSOR'S PARCEL NUMBER 275-353-Dl
WHEREAS, Variance 94-14 submitted by Robert Maus, applicant, requests a
variance to relocate a 170 square foot detached storage building on the
residential property located at 16121 Del Norte, which is located within the
Rural Residential C (RR-C) zone. A variance approval is required to allow the
storage building to encroach 10 feet into the required 20 foot side yard setback;
and
WHEREAS, on January 31, 1995, 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 resolve as follows:
Section 1: Environmental Findinos:
The City Council finds that Variance 94-14 is exempt from the provisions
of the California Environmental Quality Act, Categorical Exemption Class
5, a minor alteration to land use limitations.
Section 2: Findinos:
1. The approved project is consistent with the General Plan in that it
involves relocation of a detached storage building at a single-
family residence on a site which is designated for residential use.
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 lot is
substandard in size for the RR-C zone. The net area of the subject
lot is approximately 24,000 square feet which is roughly half of the
minimum size for lots within the zone.
The approved orientation of the new storage bUilding is the best
location considering current use of the property and is consistent
with the planned additions to the property.
3. 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.
4. That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, or
EXHIBIT B
Resolution No. P-95-08
Page 2
1428
injurious to the property or improvements in such vicinity and zone
in which the property is located.
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 the property is located in an older
neighborhood in which many of the existing buildings were built
under the county's setback requirements of 10 feet.
6. That the grant i ng of thi s vari ance does not all ow the use or
act i vi ty whi ch is not otherwi se expressly authori zed by zoni ng
development regulations governing the parcel or property in that the
proposed project is a detached storage building for a residence in
the Rural Residential C (RR-C) zone.
Section 3: City Council Decision:
The City Council hereby approves Variance 94-14 subject to the following
conditions:
1. Within 30 days of approval: (1) the appl icant 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 FOLLDWING CONDITIONS:
1. The applicant shall plant shrubs inside the wall to provide screening of
the storage building from the street.
2. A building permit shall be obtained for placement of the existing building
at a new location on the site.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 31st day of January, 1995.
>xi,","',L) ~.I'L~
Susan Callery, Deputy M r
ATTEST:
I hereby certify, under the penalty
01 perlury, that the above and
loregoing is a true and corred
oopy 01 Resolution No.f'-~O.9,
. lCIop1ad by the City Counca 01
'ftllY, C.lllornia on the '3/.aP
fIllY 01 ~, 19..zs:::
MMJOfll K. WAHLSTEN, CITY CLER/~^:7;-
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Marjor~e X. Wahlsten, City Clerk
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Resolution No. P-95-08
Page 3
1429
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I, Marjori e K. Wahl sten, City Cl erk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution No. P-95-08
, was duly adopted by the City Council at a meeting of said City Council
held on the ~ day of January , 1995, and that it was so adopted by
th: following vote:
NOES:
CAFAGNA, CALLERY, EMERY, REXFORD
NONE
AYES:
ABSTAIN:
ABSENT:
NONE
HIGGINSON ~ /1\ '~ k I'\. '(vJc;
Marjori~ K. Wahlsten, City Clerk
City of'i'o~y
E:\CITY\PLANNING\REPORT\VAR9414.RES