Covenant Regarding Real Property 1993-0256954
1351
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RECORDING REOUEST BY:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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CITY OF POWAY
WHEN RECORDED MAIL TO:
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No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Paul G. Zimmer and Claudia J. Zimmer, husband and wife as community property ("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 275-270-66 ("PROPERTY"
hereinafter). In consideration of the approval of Minor Conditional Use Permit 93-01 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In the event that Minor Conditional Use Permit 93-01 expires or is rescinded by City Council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 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:
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CLAUDIA J. Z
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ER (Notarize)
Dated:
CITY OF POWA Y
Dated:
By:
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'1332
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of C A L\ Pc> e ,J1 -A
County of .s A fd -1:> \ E (r--n
On 'I-/p- q..5
DATE
before me,
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NAME, TITLE OF OFFICER - E.G., ~JANE DOE, NOTARY PUBLIC'
personally appeared f'AUL c... 2.fhml=""R-';" C-lliW:>\A .>. 2fmmkl?-,
NAME(S) OF SIGNEA(S)
L;il personally known to me . OR . 0 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.
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OFFICIAL SEAL
DIANE D. PROVENCIO
NoIory Publlc-Calfomlo
SAN DIEGO COUNlY
MwCa...iIIlQl'l Exp'reI
Mav 13. 1994
WITNESS my hand and official seal.
;,QuJ47o-1J ~/ko
SIGNATURE ~O~;RY- - - -
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this fonn. SIGNER(S) OTHER THAN NAMED ABOVE
NUMBER OF PAGES
DATE OF DOCUMENT
No. 5193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
!;g INDIVIDUAL
tJ CORPORATE OFFICER(S)
TlTLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY.IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
@1992NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
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'1353
LEGAL DESCRIPTION
LOT 78 OF CITY OF POWAY TRACT NO. 88-15 UNIT NO.3, IN THE CITY OF
POWAY COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO.12467, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, SEPTEMBER 22, 1989.
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13)4
RESOLUTION NO. P- 93-11
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 93-01
ASSESSOR'S PARCEL NUMBER 275-270-66
WHEREAS, Minor Conditional Use Permit 93-01, submitted by Paul Zimmer,
appl icant, requests approval to construct alighted tennis court at 15648 El
Camino Entrada in the Rural Residential B (RR-B) zone; and
WHEREAS, on March 23, 1993, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council finds that this project is categorically exempt (Class 3)
from the California Environmental Quality Act (CEQA).
Section 2: Findinas:
1. That the proposed development is in conformance with the Poway
General Plan in that a lighted recreational court is an accessory
use for a single-family residence in a rural residential zone and
the General Plan designation is RR-B.. .
2. That the proposed development will not have an adverse aesthetic,
hea lth, safety, or archi tectura lly related impact upon adjoi n i ng
properties, in that the landscape installation, lighting design and
court materi a 1 s, will allow the court to be compat i bl e with and
screened from surrounding properties.
3. That the proposed development is in compl iance with the Zoning
Ordi nance, in that it comp 1 i es with the setbacks, fence height
limit, lighting standards, and all other property development
standards of the RR-B zone.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that the
subject property and all of the surrounding properties are zoned
rural residential and are to be developed as single-family
residences.
Section 3: Citv Council Decision:
The City Council hereby approves Mi nor Condi t i ona 1 Use Permit 93-01
subject to the followi ng condi t ions:
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. .' ,
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1355
Resol uti on No. P- 93-11
Page 2
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 uses.
3. If approved landscape screening proves inadequate, additional
plantings may be required by the Planning Services Department.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
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. 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.
3. The appropriate Building Department approval s for fence footings and
lighting shall be received prior to the initiation of construction.
4. A 1 andscape and i rrigat i on pl an for the area between the fence and
property line shall be submitted to the City for review and approval prior
to issuance of a building permit. Installation of landscape screening and
irrigation around the court shall occur prior to final inspection by the
Planning Services Department.
5 . All new and exi st i ng ut i1 iti es shall be undergrounded pri or to fi na 1
inspection by the Planning Department.
6. 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.
7. A maximum of six 1 ights have been approved for by this permit with a
height of 20 feet each. 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 lot 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
foot candle above ambient levels.
c. Said certification shall be provided to the Planning Services
Department prior to issuance of building permits.
8. Hours of operation for court 1 ights shall be restricted to the peri'Od"c
between 7:00 a.m. and 10:00 p.m.
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Resolution No. P-93-1l
Page 3
9. The minor conditional use permit shall expire on March 23, 1995 if
building permits are not issued for this project.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 23rd day of March, 1993.
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Don Higginson, r
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I hereby certify, under the penalty
01 perjury, that the above and
loregoing is a true and correct
copy 01 Resolution No.f'- If 3.. II ,
as adopted by the Cijy CouncU of
Poway, Catofornia on the ::2. W
day 01 ~..-I. , 19.JJY.2.
MARJORIE K. WAHLSTfN, CITY CLERK
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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-93-11 was duly adopted by the City Council at a meeting of said City Council
held on the 23rd day of March , 1993, and that it was so adopted by
the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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Marjo i K. Wahlsten, City Clerk
City f oway
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AEPORT\MCUP9J01. RES
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