Covenant Regarding Real Property 1995-0467738
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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148
DOC 4f 9.5 - 0467738
'-J~ ~ 19r~ O~67138
17-0CT-199S 09=31 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S QFfICE
GREGORY SMITH, COUNTY RECORDER
RF: II. 00 FEES:
AF= 13.00
Mf: 1.00
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RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Davlde, and Theresa Golia ("OWNERs' hereinafter) is the owner of real property described In
Exhlbtt A which is attached hereto and made a part hereof and which Is commonly known as Assessor's
Parcel Number 321-{)9Q.,34 ("PROPERTY" hereinafter). In consideration of the approval of Minor Conditional
Use Permft 95.04 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.
In the event that Minor Conditional Use Permit 95-04 expires or Is rescinded by City Council at the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 entJtIed 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:
-(0- Q-15'
Dated:
/!r~ '1ti
~~E~~)
CITY OF POWAY
Dated: /t?_ 3- 'l'd)"
By:
~ u7U-i/~--CtL-
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
150
No.seQ7
State of CALIFORNIA
County of SAN DIEGO
On October 9, 1995
DATE
before me, Diane Fisher. Notary Pub] i<"'
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared Davide Golia and Theresa Golia
NAME(S) OF SIGNER(S)
H personally known to me - OR - D<~~1!I1II8JQnCthec8asisJOt~
to be the person(s) whose name(s) 1st'are
subscribed to the within instrument and ac-
knowledged to me that .t~/they executed
the same in ~heir authorized
capacity(ies), and that by ~/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
SIGN RE 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
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTIDN DF ATTACHED DOCUMENT
TITLE(S}
TITLE OR TYPE OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
151
RESOLUTION NO. p- 95-55
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 95-04
ASSESSOR'S PARCEL NUMBER 321-090-34
WHEREAS, Minor Conditional Use Permit 95-04, submitted by Davide and Tess
Golia, Applicants, requests approval to install six lights to a previously
approved tennis court located at 15419 Vali Hai Road in the Rural Residential B -
High Valley zone; and
WHEREAS, on October 3, 1995, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
The City Council finds that this project is not subject to the California
Environmental Quality Act in that it is categorically exempt (Class 3)
because a lighted tennis court is considered to be an accessory use to a
single family home.
Section 2: Findinos:
1. The proposed project is consistent with the general plan in that a
lighted tennis court is considered to be accessory use for a single
family residence in the Rural Residential B - High Valley zone.
2. That the proposed development will not have adverse. aesthetic,
health, safety, or architecturally related impacts upon adjoining
properties, in that the landscape installation, lighting design and
court materials will allow the tennis court to be compatible with
and screened from surrounding properties.
3. That the proposed development is in compliance with the Zoning
Ordinance, in that it complies with lighting standards, and all
other property development standards of the RR-B - High Valley 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 designation as the
subject lot and are to be developed as single family residences.
5. That there will not be significant harmful effects upon
environmental quality and natural resources in that the project is
considered an accessory to a single family residence, and conditions
of approval for the project requi ri ng 1 andscape screening and
limited hours of operation for the tennis court lights will mitigate
potential negative impacts.
EXHIBIT B
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152
Resolution No. P-95-55
Page 2
Section 3: City Council Decision:
The City Council hereby approves Minor Conditional Use Permit 95-04
subject to the following conditions:
1. 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.
2. The use conditionally granted by this permit shall not be conducted
in such a manner as to interfere with the reasonable use and
enjoyment of surrounding residential and commercial uses.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request 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. '
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4. 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 codes and ordinances in effect
at the time of building permit issuance.
5. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
6. A maximum of six lights shall be permitted of a height not to exceed 20
feet. All lights and light fixtures shall be certified by a qualified
lighting engineer to:
a. Be designed, constructed, mounted, and maintained such that the
light source is cut off when viewed from any point above five feet
measured outside the lot at the property line.
b. Be designed, constructed, mounted and maintained such that the
maximum illumination intensity measured at the wall of any
residential building on abutting property shall not exceed one-half
candle foot above ambient levels.
153
Reso 1 ut i on No. P- 95-55
Page 3
c. Said certification shall be provided to the Planning Services
Department prior to the issuance of an electrical permit for the
tennis court lighting.
d. The lighting intensity shall not exceed 1000 watts.
7. Hours of operation for court 1 ights shall be restricted to the period
between 7:00 a.m. and 10:00 p.m.
8. A 1 andscape and i rrigat ion pl an for the area between the tenni s court
fence and property 1 i ne shall be submi tted to the Pl ann i ng Servi ces
Department for review and approval prior to the issuance of an electrical
permit for the tennis court lights. The landscaping consists of fast
growing dense trees and shrubbery that will acceptably screen the tennis
court and lights from surrounding properties. Installation of all slope
planting and irrigation shall occur prior to final inspection.
9. The court surface must be designed, painted, and/or textured to reduce the
reflection from lighting to the satisfaction of the Director of Planning
Services.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 3rd day of October 1995.
-:~.~.
ATTEST:
I hereby certify, under the pena'"
of perjury, that the above and
foregoing is a true and correct
copy of Resolution No P-- ~ ,,~
as adopted by the City Councit of
Poway, California on the if
day ofCP~ 19
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MARJORIE K. W AHLSTEN, CITY CLERK
bY:~R ~/.i-/fJf'~
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Marjorle ~. Wahlsten, City Clerk
,J
154
Resolution No. P-95-55
Page 4
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I, Marjori e K. Wahl sten, Ci ty C1 erk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-95-55 ,was duly adopted by the City Council at a meeting of said City Council
held on the 3rd day of October , 1995, and that it was so adopted
by the followrng-vote:
AYES: CAFAGNA, CALLERY, EMERY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: REX FO RD