Covenant Regarding Real Property 2019-0017741 DOC# 2019-0017741
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RECORDING REQUEST BY: ) Jan 16, 2019 12:32 PM
OFFICIAL RECORDS
CITY OF POWAY ) Ernest J. Dronenburg, Jr.
SAN DIEGO COUNTY RECORDER
FEES: 5113.00 (S82 Atkins: 575.00)
WHEN RECORDED MAIL TO: )
PAGES: 9
CITY CLERK )
CITY OF POWAY )
PO BOX 789 )
POWAY CA 92074-0789 )
(This space for Recorder's Use)
APN: 323-520-01
MCUP 16-006
COVENANT REGARDING REAL PROPERTY
Eric Weddle ("OWNER" hereinafter) is the owner of real property commonly known as 14144 Sky
Mountain Trl. ("PROPERTY hereinafter) and more fully described in the legal description attached hereto
as Exhibit A and made a part hereof.
In consideration of the approval of Minor Conditional Use Permit (MCUP) 16-006 by the City of
Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in
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, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that MCUP 16-006 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by MCUP 16-006, upon the request of the OWNER the CITY shall expunge this
Covenant from the record title of the PROPERTY and MCUP 16-006 shall be of no further force or effect.
If either party incurs costs as a result of filing a civil action 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. AL1 OW( AUTHORIZE AGENT:
Dated: If?i/Z°( �
Err -:•le \J "(Notarize)
Title: Owner
CITY OF POWAY:
Dated: /2721/B By: /.
o ert J. Manis, (rectof of neve •pm: t Services
City/County of (-1_x\41/4 Lp( Q_
Stateof Maryland
Subscribed and sworn to before me
thisrs day o ttnuarc.3 ,meq
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his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),
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Description of Attached Document
Title or Type of Document:
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❑Corporate Officer — Title(s): 0 Corporate Officer — Title(s):
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Legal Description
For APNIP.arce1.10(91: 323-520-01-00 •
PARCEL 1:
LOT 1 OF CITY OF POWAY TRACT NO.04-02,IN THE CITY OF POWAY,COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO.154-0i,FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY,AUGUST 9,2006.
•
•
•
EXHIBIT A
RESOLUTION NO. P-18-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL
USE PERMIT 16-006 ASSESSOR'S PARCEL NUMBER
323-520-01
WHEREAS, Minor Conditional Use Permit (MCUP) 16-006 was submitted by Steve
Ragan, Applicant, and Chanel and Eric Weddle, Owner, for a proposal to install six lights on a
recreational court on a residential property located at 14144 Sky Mountain Trail, in the Rural
Residential C (RR-C) zone and within the Gate Drive Specific Plan area;
WHEREAS, on December 18, 2018, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to this application; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
revisions to the project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15303(e)
of the CEQA Guidelines, in that the project proposes the construction of accessory
structures/equipment on an existing single-family residential property.
Section 2: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code
(PMC), to approve MCUP 16-006 to allow the installation of six lights on a recreational court, are
made as follows:
A. The location, size, design and operating characteristics of the proposed use are in accord
with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations),
the General Plan, and the development policies and standards of the City In that the design
of the proposed recreational court lighting will meet the required lighting type, height limit
and operating hours, and will otherwise comply with all of the relevant codes and
standards of the City of Poway and the Gate Drive Specific Plan.
B. The location, size, design, and operating characteristics of the proposed use will be
compatible with and will not adversely affect or be materially detrimental to adjacent uses,
people, buildings, structures, or natural resources. Topography, and an existing home on
the property will shield the view of the lights from adjacent homes to the south and the
west. Landscaping and a 10-foot high opaque fence will be installed along the north and
east perimeter of the recreational court to reduce the visibility of the lights from surrounding
properties to the north and east and will shield light from extending into nearby natural
resources in accordance with the Poway Subarea Habitat Conservation Plan.
Furthermore, court light use is prohibited between the hours of 10 p.m. and 7 a.m.
C. The proposed six lights are two fewer than the eight lights allowed by the PMC for a
recreational court and the lights would comply with the 18-foot maximum height limit.
Therefore, the harmony in scale, bulk, coverage, and density of the project Is consistent
with adjacent uses.
EXHIBIT B
•
Resolution No. P-18-30
Page 2
D. There are adequate public facilities, services and utilities available at The subject site to
serve the proposed use.
E. The proposed lighting will be directed downward toward the court boundaries with the use
of shields and will be screened by topography, existing development, fencing and
landscaping to reduce visibility of the lights from the surrounding properties. Therefore,
there will not be a harmful effect upon desirable neighborhood characteristics.
F. Installing the court lights will result in a temporary increase in traffic from construction
related vehicles. This generation of traffic, however, will be minor and will not adversely
impact the capacity and physical character of the surrounding streets and/or the
Circulation Element of the General Plan.
G. The site is suitable for the type and intensity of use or development that is proposed in
that a lighted recreational court is an accessory use that is permitted in a residential zone
with the approval of a minor conditional use permit. The proposed lighting will be shielded
and directed to shine downward within the court boundaries and landscaping and an
opaque perimeter fence will reduce the visibility of the lights from the surrounding
properties.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the project is limited to installing lights along an existing recreational
court on the parcel. Dense landscape will be installed along the perimeter court fence to
reduce light impacts to nearby residential homes and adjacent protected native habitat.
Therefore, there will be no significant harmful effects upon environmental quality and
natural resources.
There are no relevant negative impacts of the proposed use that cannot be mitigated.
J. A lighted recreational court is an allowable accessory use in the RR-C zone with the
approval of a minor conditional use permit. Therefore, the impacts, as described in
subsections A through I of this Section, and the proposed location, size, design, and
operating characteristics of the proposed use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety or welfare or
materially injurious to properties or improvements in the vicinity, nor be contrary to the
adopted General Plan.
K. That the proposed minor conditional use will comply with each of the applicable provisions
of this title.
Section 3: The City Council hereby approves MCUP 16-006, as shown on the
approved plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and
employees from any and all claims, actions, proceedings, damages,judgments, or costs,
including attorney's fees, against the City or its agents, officers, or employees, relating to
the issuance of this permit, including, but not limited to, any action to attack, set aside,
void, challenge, or annul this development approval and any environmental document or
decision. The City may elect to conduct its own defense, participate in its own defense,
or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto, including
Resolution No. P-18-30
Page 3
without limitation reasonable attorney's fees and costs. In the event of a disagreement
between the City and applicant regarding litigation issues, the City shall have the authority
to control the litigation and make litigation related decisions, including, but not limited to,
settlement or other disposition of the matter. However, the applicant shall not be required
to pay or perform any settlement unless such settlement is approved by applicant.
B. Approval of this MCUP request shall apply only to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
C. Within 30 days of the date of this approval, and before the issuance of any permit: (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 Regarding Real
Property. In order for the City to prepare the Covenant, the applicant must first submit a
legal description of the subject site.
D. The use conditionally granted by this approval shall not be conducted in such a manner
as to interfere with the reasonable use and enjoyment of surrounding uses.
E. The conditions of MCUP 16-006 shall remain in effect for the life of the subject use and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
F. MCUP 16-006 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to address
unresolved operational concerns that may have been raised during the prior year.
G. The site shall be developed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein. A final inspection
from the appropriate City departments will be required.
H. The applicant shall obtain an Electrical Permit for the proposed recreational court lighting
and a Building Permitter the lighting structures (i.e., light poles). Prior to issuance of a
Building or Electrical Permit, the applicant shall comply with the following:
1. The building plans shall clearly show and identify how the project complies with
the following requirements:
a. The maximum height of the fence(measured from the finished grade of the
court) shall not exceed 10 feet
b. The light poles shall not exceed 18 feet in height. Lighting fixtures shall be
as required by Chapter 17.30 PMC. Metal halide lighting is prohibited.
c. The maximum number of lights on the court shall not exceed six.
d. The surface area of the recreational court shall be designed, painted,
colored and/or textured to reduce the reflection of light. This requirement
shall be noted on the plans and the proposed court color shall be noted.
e. Pursuant to PMC 17.30.020.E, the fencing, support posts, light poles, and
fixtures shall be painted a dark non-reflective color so as to reduce their
overall visibility. Vinyl-coated chain link fencing with fence and light poles
painted to match is acceptable. This requirement shall be noted on the
plans and the proposed paint color shall also be noted.
Resolution No. P-18-30
Page 4
f. Pursuant to PMC 17.30.020.C, the applicant shall submit a lighting plan
that reflects that the lighting will be shielded from the adjacent properties,
to the satisfaction of the Director of Development Services. The plans shall
show the lights designed, constructed, mounted and maintained such that
the light source is cut off when viewed from any point above five feet
measured at 10-feet from the edge of the court,and such that the maximum
illumination intensity measured at the limits of the property line shall not
exceed one-half foot-candle above ambient light levels. Lights shall not
shine into adjacent Biological Conservation Easements.
g. To protect the existing nearby native vegetation from light effects, the
building plans shall clearly show and note that a dense, dark colored
windscreen mesh will be attached and maintained on the eastern and
northern section of the 10-foot high court fence.
h. The building plans shall depict and note, to the satisfaction of the Director
of Development Services, that the lighting will be on a timer of limited
duration, and that they will automatically shut off from 10:00 p.m. to 7 a.m.
2. Landscape Plan—(LP) 15-011 for the subject property was reviewed and approved
by the Development Services Department in June 2016. The plan shall be
modified to provide additional fast-growing vines and trees to obscure the view of
the fencing and light poles and sources as seen from areas to the north and east
and to block light from shining into the nearby Biological Conservation Easement
areas. All required landscaping must comply with Section Six of the City of Poway
Landscape and Irrigation Design Manual as it relates to fuel management and
defensible space.
Prior to final inspection approval:
1. Written certification shall be provided from a qualified lighting installation contractor
that:
a. All lights and light fixtures have been designed, constructed and mounted
such that the light source is cut off when viewed from any point above five
feet measured at 10-feet from the edge of the court.
b. All lights and light fixtures have been designed, constructed, mounted, and
light shields installed such that the maximum illumination intensity
measured at the limits of the coastal sage scrub habitat that exists
approximately 10-feet from the edge of the court does not exceed one-half
foot-candle above ambient light levels.
2. The required landscape and irrigation materials on the approved Landscape and
Irrigation Plan shall be installed along the recreational court fence and inspected.
J. Upon establishment of the proposed use, pursuant td MCUP 16-006, the following shall
apply:
1. In accordance with PMC 17.30.020.C.3, the recreational court lighting shall be
used only between 7:00 a.m. and 10:00 p.m., and an automatic timer shall be
programmed to automatically shut the lights off at 10:00 p.m.
2. Required court landscaping shall be maintained in a healthy and thriving condition.
Resolution No. P-18-30
Page 5
3. The light standards are limited in number, size, height, and,light shields, which
Shall meet therequirements for shielding the light fixtures. The maximum height.
of lights shall not exceed 18 feet from grade. Lighting fixtures shall be maintained
pursuant to PMC 17.30.020.G, to the satisfaction Of the Director of Development
Services.
4. The fencing and associated opaquemesh shall be maintained lo screen the view
of the light from residences to the north and east and to shield light from extending
into nearby native habitat 'to the satisfaction of the Director of Development
Services.
Section 4: The approval of MCUP 16-006 shall expire on December 18,2020,'at 5:00
Rm. . unless, prior to that time,a Building Permit has been issued and construction on the property
in reliance on the MCUP approval has commenced prior to its expiration.
Section 5: The parties are hereby informed that the time within which judicial review
of this decision must be sought is.governed by Section 1094.6 of the California Code Of Civil
Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, ata regular meeting this 18th day of December 2018,
-Steve Vaus; Mayor
ATTEST:
n iyl eld CM
ncy a fel City Clerk
Resolution No. P-18-30
Page 6
STATE OF CALIFORNIA
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-16730—was duly adapted by the City Council
at a meeting Of said City Coundil held On the 18th day Of Dederi bet 2018, and that it was so
adopted by the following vote:
AYES: LEONARD, FRANK, GROSCH, MULLIN,-VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
n/
Na y l of Id, MC, City Clerk
City of Poway