Covenant Regarding Real Property 1996-0292630
RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: ) I
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) ,
CITY CLERK )
CITY OF POWAY )
POBOX 789 ) /
POWAY CA 92074-0789 )
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No Transfer Tax Due )
655
~ " 1996-0292630
Il-JUH-1996 03=42 PM
OFFICIAL RECOROS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 12.00 FEES: 28.00
AF: 15.00
MF: 1.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Gary B. Sabin C'OWNER" hereinafter) is the owner of real property described in Exhib~ A which Is
attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 277-
020-18 C'PROPERTY" hereinafter). In consideration of the approval of Minor Conditional Use Permit 96-05
and Minor Development Review 96-21 by the City of poway C'CITY" hereinafter), OWNER hereby agrees to
abide by conditions of the attached resolution (Exhib~ B).
This Covenant shall run w~h 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 Cond~ionaI Use Perm~ 9EHJ5 and Minor Development Review 96-21 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or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the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,
In the event of litigation 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,
Dated:
5"-,7"S-c\'6
CITY OF POWAY
Dated:
5-dl-Q,
By:
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CALIFORNIA ALL.PURPOSI:: ACKNOWLEDGMENT
656
Count
State of
On
personally appeared ,
/' Name(s)of Signer(s)
EJ""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 acknowledged 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.
WITNESS my hand and official seal.
;-~.1 ~~
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
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I. JlA.Y31.18ll8 I
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other: Top 01 thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
10 1994 National Notary Association' 8236 Remmel Ave., P.O. Box 7184' Canoga Par\(, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free '-BOQ.-876-6827
657
lEGAL DESCRIPTION
THE lAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOllOWS:
PARCEL A:
Parcel 2, in the City of Poway, County of San Diego, State of California, as Shown
at Page 111354, of Parcel Maps, filed in the office of the County Recorder of San
Diego County, March 26, 1981.
EXHIBIT A
658
RESOLUTION NO. P- 96-38
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 96-05 AND MINOR
DEVELOPMENT REVIEW 96-21, ASSESSOR'S PARCEL NUMBER 277-D2D-I8
WHEREAS, Minor Conditional Use Permit 96-05 and Minor Development Review
96-21, submitted by Gary Sabin, Applicant, requests approval to construct a 1,455
square foot two story guesthouse with an attached indoor racquetball court, and
a lighted tennis court on a property located at 18540 Wildhorse Creek, in the
Rural Residential A zone; and
WHEREAS, on May 21, 1996, the City Council held a hearing on the above-
referenced item.
NDW, THEREFDRE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The Council finds that this project is categorically exempt (Class 3 and
Class 1) from the California Environmental Quality Act.
Section 2: Findinas:
1. The approved project is consistent with the general plan in that a
guesthouse and alighted tennis court are considered to be an
accessory use for a single-family residence in the Rural Residential
A zone.
2. That the approved project will not have adverse aesthetic, health,
safety, or architecturally related impacts upon adjoining
properties, in that the lights will be shielded, with lighting
cutoffs designed to control light spillage into neighboring
propert i es and a dense evergreen 1 andscapi ng screen shall be
provided to shield the court from neighboring properties and the
guesthouse has been designed to be architecturally compatible with
the existing residence.
3. That the approved project is in compliance with the zoning
ordinance, in that it complies with the setbacks, lighting and
development standards, screening requirements and all other
applicable requirements of the RR-A zone.
4. That the approved project encourages the orderly and harmonious
appearance of structures and property within the City, in that all
surrounding properties are under the same or similar large lot
zoning, where such uses have been approved and could be developed.
5. That the generation of traffic wi 11 not adversely impact the
capacity and physical character of surrounding streets.
EXHI BIT B
"
659
Resolution No. P-96-38
Page 2
6. That there are public facilities and utilities available to service
the project.
7. That there will not be signi ficant harmful effects upon
environmental qual ity and natural resources in that the lighted
court and the guesthouse are considered accessories to a single-
family residence and conditions of approval for the project
requiring landscape screening and limited hours of use for the
tennis court lights will mitigate potential negative impacts.
Section 3: Citv Council Decision:
The City Council hereby approves Minor Conditional Use Permit 96-05 and
Minor Development Review 96-21 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 or surrounding residential uses.
3. This minor conditional use permit shall be subject to annual review
by the Director of Planning Services for compliance with the
cond i t ions of approval and to address concerns that may have
occurred during the past year. If the permit is not in compliance
with the conditions of approval, or the Planning Services Department
has received complaints, the required annual review shall be set for
a public hearing before the City Council, to consider modification
or revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. The 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 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.
4. Hours of operation for court lights shall be restricted to between 7 a.m.
and ID:OO p.m.
. ,
660
Resolution No. P-96-38
Page 3
5. The fixtures shall be shielded and directed so as to eliminate light
leakage beyond ten (10) feet measured horizontally at the court edge, at
a height of five feet.
6. A maximum of eight (8) high pressure sodium lights shall be permitted at
no greater than 1,000 watts each, placed at a maximum height of 18 feet
from the finished grade of the court.
7. The appl icant shall submit a planting plan to the Planning Services
Department for review and approval prior to issuance of building permits.
One IS-gallon evergreen, fast growing, canopy type tree shall be planted
adjacent to each light fixture and shall be aaintained so as to achieve
maximum screening as quickly as possible. Trees as well as other dense
landscape screening materials shall be installed and maintained between
the court fencing and the property line.
8. The landscaping installed to screen the lighted court shall be re-
inspected by the Planning Services Department 6 months after installation
and final inspection. Thereafter the landscaping shall be inspected at
the time of the annual review to insure that the plant material is
thriving and that an acceptable landscaping screen is achieved.
9. Tennis court fencing, support posts, light poles and fixture boxes shall
be painted a dark non-reflective color so as to reduce their overall
visibility. 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.
ID. A maximum ten foot high tennis court fence (measured from the finished
grade of the court) shall be allowed.
11. The lighted tennis court and the racquetball court are considered to be
accessory uses to the single family residence. The courts shall be for
the private use of the residents.
12. This approval shall become null and void if building permits are not
issued within 2 years.
13. The guesthouse shall never be rented or leased out, and complete kitchen
facilities shall not be installed. The maximum size of the guesthouse
shall not exceed 1,500 square feet.
14. All created slopes of 5:1 or greater shall be landscaped ana a permanent
low-volume irrigation system shall be installed prior to final occupancy.
15. School fees shall be paid at the established rate. Currently fees are
$1.84 per square foot of assessable (living) space.
16. All new utilities shall be installed underground. Please contact SDG&E
Planning Division. Completion of undergrounding shall be accomplished
prior to issuance of final occupancy.
17. Low flow plumbing is required in all new construction.
661
Resolution No. P-96-38
Page 4
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval prior
to issuance of a grading permit and start of grading operation. Rough
grading of the site must be completed and shall ~et the City Engineering
Services inspector's approval prior to issuance of a building permit.
2. 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 limited to, construction of driveway approach, sewer lateral
installation, water service line installation, and street construction.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance #64.
2. Every building hereafter constructed shall be accessible to fire
department apparatus by way of access roadways with all-weather driving
surface of not less than 16 feet of unobstructed width, with adequate
roadway turning radius capable of supporting the imposed loads of fire
apparatus and having a minimum of 13'6" of vertical clearance. The road
surface type shall be approved by the City Engineer, pursuant to the City
of Poway Municipal Code.
3. The access roadway shall be extended to within 150' of all portions of the
exterior walls of the first story of any building. Where the access
roadway cannot be provided, approved fire protection system(s) shall be
provlded as required and approved by the chief.
4. The existing 12 foot wide driveway leading to the guesthouse shall either
be widened to 16 feet or the building shall be sprink1ered.
APPROVED and ADOPTED by the City Council of the City of Poway, State ~f
California, this 21st day of May, 1996.
er the penally
perjury, that the above and
foregoing is a true and col1'llCt
copy of Resolution No, P-1J..39,
. adopted by the City Council of.
POWlY, Cllifornia on the RId-
day of ...-yr}7- ' 197.L.
MARJORIE K. W AHLSTIN, CITY cl.ERJ(
'o~~~~
ATTEST:
k ~-t..
Wah1sten, City Clerk
662
Resolution No. P-96-38
Page 5
STATE OF CALIFORNIA
)
) SS.
}
COUNTY OF SAN DIEGO
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-96-38 , was duly adopted by the City Council at a meeting of said City Council
held on the 21st day of May , 1996, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
E:\CITY\PlANNING\REPORT\MCUP9605.RES