Covenant Regarding Real Property 2006-0274031
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RECORDING REQUEST 'BY ,
CITY OF POWAY i~
WHEN RECORDED MAIL TO' APR 19,2006 2:47 PM
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CITY CLERK ) '::L,.N ~'IEI:iU I-Our'iTI F:ECOR[IEFi":, OFFICE
CITY OF POWAY ) 1_<!jEt~UR" ,I ':MITH cour',JT', RECUF:[IEFI
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POWAY CA 92074-0789 ) 1!1I111 1111111111 111111111111111 11111 1111111111 11111 111111111111111 11111 11111111
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11966 )
2006-0274031
APN: 277-220-28
MCUP 05-08
COVENANT REGARDING REAL PROPERTY
Curtis Dadian, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real
property described as:
PARCEL 28 OF CITY OF POWAY TRACT NO 98c02 HERITAGE RANCH
ESTATES. IN THE CITY OF POWAY. COUNTY OF SAN. DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO 14388, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8, 2002,
and more commonly known as Assessor's Parcel Number 277-220-28 ("PROPERTY"
hereinafter) and addressed as 18731 Heritage Drive In consideration of the approval of Minor
Conditional Use Permit (MCUP) 05-08, by the City of Poway ("CITY" hereinafter), OWNER
hereby agrees to abide by the conditions in the attached Resolution (Exhibit A)
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In the event that MCUP 05-08 expires or is rescinded by City Council at the request of
the OWNERS, 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
~/~'66 OWNER: ~ ,}
Dated: By
Curtis Dadian (notarize)
CITY OF POWAY
Dated: '5 -I", O~ By' ~
Niall Fritz, Director of Develo ent Services
M:\planning\05report\mcup\05-08 court Iights\COVENANT.DOC
O~ -Oc:P
. . 11967
CALlFORNIA~L_L.P~f:I~OSE AC~NOWLEDGMENT
'Stateof California
County cif San Diego
On f),~;{i IL II ZO() LP before me, Phyllis Shinn, Notary Public
Date CtlA?77 5 )fO/A7'2-~ J::/; ~:;f ~e,g,., Jane Doe, Notary Public")
'personally appeared
Name(s) of Signer(s)
o personally known to me - OR ~ ~oved to me on the basis of sa~sfacjory evidence to be the person(~
whose name(.~);is/a.~ subscribed to the within instrumen
and acknowledgedtci'me:thal.he/~tSe/t~y executed the
PIM. SH same inhis/l11\r/th'eir.authciritedcapacity(i~). and that by
_ ~ comm~~#,:r:50304 his/her/t~\iirsignatureMon the instrument the p,erson(~,
~ ,_,,;, . NOtaryPubllc 'CaUfomla' or the entity upon beh!,lf of which the person(s) acted,
j ,San~ <:ClUIlty . f executed the instrument.
. My Camino ExpIr8s Nov 9~ 2007
- - - - - - - - - - - - WITNESS my hand and official seal.
CJffl~-/~-~
U Signature of Notary Public
OPTIONAL
Though the informationbeloW'is-not-required''byfaw,'it,may prove valuable tOpfHSO[lS relying on the document and could prevent
fraudulent removal 'and reattachment of this forin to -another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Sigrier(s)
Signer's.Name: Signer's Name:
o Irdividual o Individual
o ,Corporate Officer o Ciirporate.Officer
Title(s): Title(s):
o Partner - 0 Limited 0 General o .Partnei~DL.imited 0 General
o Attorney-in-Fact .0 Attorney-in,Fact
o TrListee [] Trustee:
o GLiardianoi Conservator RIGHT THUMBPRINT o quardl<in or Conservator RIGHT THUMBPRINT
OF SIGNER -'- OF SIGNER
o Other' Top of thumb here o Other' Top of thumb here
Signer Is,Representing: Signer Is Repr(!senting:
c 1994 National Notary Association. 8238 Rein'met Ave., P.Q.! Box 7184 . Canoga. Park, CA 91309-7184 Prod, No_ 5907 Reo~er. Call Toii:Fr~ 1-800-876-6827
., . .
1'190'8
EXHIBIT A
RESOLUTION NO Pc06-21
ARESOLUTIONOF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR'CONDITIONAL USE PERMIT 05-08,
A REQUEST T.O INSi(ALL TENNIS COURT LIGHTS ON LOT -28,
A RESIDENTALLOT LOCATED AT18731. HERIJAGE DRIVE,
WITHINTHEf;lERITAGE RANCH ESTATES COMMUNITY,
ItcJTHE RURAL RESIDENTIALAZONE
ASSESSOR'S PARCEL NUMBER 277-220-28
WHEREAS, Minm Conditional Use Permit ,(MCUP) 0.5-08 was submitted by Mr
GurtisDadian, Applicant, topefmitthe installation of court lights at an approved tennis court
and residence under consJruction at 18731 HeritagE:) Drive, within the Heritage Ranch
Estates community, zoned RUral Residential A (RR-A); arid
WHEREAS, on AprilA, 2006, 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; BE IT RESOLVED by the City Council of the City of Poway,
as follows:
'Section 1 The City Council finds that MCUP 05-08 is exempt from the provisions of the
California Environmental Quality Act (CEQA), as a Glass 3 Categorical Exemption,
pursuant to Section 15303'oftheCEQAGuidelines, inthaFit'ihvolves the construction of an
acces~ory structure for an existing single-family residence
Section 2: The findings!, in accordance with Section 1748 0.70 of the Poway Municipal
Code, to approve MCUP 05:08, to permit the installation of court lights at a- tennis court
approved through Minor ElevelopmentReview Applicatipn (MDRA) 04-106, qn a 6A2-acre
resioentiallot at 18731 Heritage Qrive, within the RRcA zon~, are made asfoilows:
A. The desigrioft.he jJropcisea tennis court lighting Will meet the required lighting type,
height lirilit, and operating hours, and will otherwise complywith all of the relevant
codes and standards of IheJc;ity'of Poway, T;he prop.osed use isconsidereo to be
an allowable accessory use in the zon~,'k!th the approval of a Minor Conditiorial
Use PeJrilit. Therefore, the proposed .location, size, design, and operating
characteristics of the, proposed use are 'in accordance with the title and purpose of
Section l7:48 0.70, the,purpose,of the zone.in:which the, site is located, the General
Plan: and the development policies andstandarqs .of the City
B The l.6catlon and design of the proposed tennis 'court lighting will not create a
negative',visual impact on surrounding properties asthe tennis court is situated within
the rear ,side yard :and will be screened by the residence. Dense landscaping
installed around the perimeter oUhe tennis court will reduce the visibility of the lights
from surrounding properties, Additionally, there are large open space areas of native
vegetation' thatse[Jarates the tennis court from the adjacent properties. The court
lights will not impacHhe residences ori the adjacent parcels, Lot 27 to the north and
. . ..;
Resolution No P-06-21
Page 2 11969
'Lot 29 to ,the south"as'the:co,urt lights will be located, at therearofthe parcel and will
be restriCted by the residen(ialstructure The lights areTequired to be shielded, and
d~nse vegetation, required bY the Conditions of Approval, will screen the court lights.
Therefore, 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 \lses, residents, buildings, structures; or natural resources.
C The light standards:for the tennis court are limited to a maximum of eight lights and a
maximum height of 18 feet. Therefore, the harmony in scale, bulk, coverage, and
density of the project is consistent with adjacent uses.
D There are public facilities, services, and utilities available.
E. The proposed lighting will be directed within the project boundaries and it will be
softened by landscaping to reduce visibility of the lights from the surrounding
properties. The lighting will further be shielded by screening on the tennis court
fencing. Therefore, there will be no harmful effects upon desirable neighborhood
characteristics
F The, project is located ona 6.42-acre parcel along the west side of Heritage Drive,
across of Lot 37, between Lots 27 and 29 The tennis court is situated within the
rear yard against the rear slope of the pro[Jerty The court, currently under
construction; will be located at an elevation of 740"feet, while the slope behind the
pad rises beyond towards the Heritage water tank. The elevation ofthe residence to
the north, Lot 27, is located at an elevation of 745 feet. The residential pad to the
south is at an elevation:of730 feet, but the lot is oriented away from Lot28, and the
residence will screen the, court and it is separated by over 250 feet to the court.
Dense landscaping will beTequired to screen,the,cour;tand lights, and th~separation
between the court arid surrounding residences will reduce the potential to view the
lights. Therefore, the site is suitable for the type and intensity of use or development
that is proposed.
G The project is Iimited)n scope, therefore, there will be no significant harmful effects
upon environmental quality and natural resources.
H. The proposed use is an allowable accessory'useih the RR-A zone. Therefore, the
impacts, as described above, 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 materialiy injurious.to properties or improvements in the vicinity, nor be contrary to
the adopted General Plan, and
I ThaUhe proposed conditional use will comply with each of the applicable provisions
of Section 17 48.070 of the Poway Municipal Code.
.'
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Resolution No. P-06-21
Page 3 11
.. . 97
Section 3 The City Councillhereby approves MCUP 05-08', for the installation of a 0
maximum of eight tennis courtJights on Lot 28, a residential jot located at 18731 Heritage
Drive, withintheRR-A zone, asshownon the plans dated November 28,2005, subject to the
following ,conditions:
A. ApproVal of this MCUPshall apply only to the subject project and shall not waive
cOrT1pliance with all Sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the'time of Building PermiHssuance
B Within 30 days of the date of this approval:
1 The applicant shalLsubmit in writing that all'Conditions of Approval have been
read and understood.
2. The property. owners shall execute a Covenant Regarding Real Property
C The use conditionally granted by this approval shali not be conducted ih such a
manner as to 'inte'(fere with the reasonable use and enjoyment of surrounding
residential uses.
D The conditions of MCUP 05-08 shall remain in effect for the life of the,subjeCt tennis
court and tenniscourt.lightihg, and shall run. with,theland and be birigingupon future
owners, successors. heirs, and transferees of the,current property owner
E. Prior to:issuance of a Building Permit, the applicant'shall comply with the.following:
1 The applicant..shall pay all applicable engineering, plan checking, permit, and
inspection Jees
2 The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in effect
at the time of Building Permit issuance.
3 The site shall be developed in accordance with,the approved site plan'on file
in the Development Services Department and the conditions contained
herein. Grading of the lot shall be [n ?Gcordance with the Uniform Building
Code, the City Grading Ordinance, the'approved grading plan, the approved
soils report, and, grading practices acceptable to the City All components
of the tennis courUlighting installations (including footings ) are,entirely outside
the easement oncsite.
4 Pursuant lo'Section '1730.020 C ofthePoway Municipal Code, the,applicant
shall submit lighting,plans that reflect that thelignting will be shielded from the
adjacent properties, to the satisfaction of the Director of Development
Services.
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Resolution No P-06-21
Page 4
5 Pursuant to Section H:30 020.E of the Poway'Municipal Code, the bUildi~19,
plans shall depict, to the,satisfaction of the Direc.tor of Development Services, 1
that the support posts; light poles, and fixtures,vvill be painted a dark non-
reflective color so as to reduce their overall visibility
6 Pursuant to Section 1-7.30 020.F of the Poway Municipal Code, the building
plans shall depict, to the satisfaction of the Director of Development Services,
that dense evergreen screening landscaping will be installed around the
perimeter of the'tennis court to screen the lights from surrounding properties,
so as to restrict visibiiity of the light poles.
7 The building plans shall depict, to the satisfaction of the Director of
Developmen(Services, that lighting is on atjmer of limited duration designed
to preventthe lights from accidentally being'leftonand automatically shut off
at 10'00 p.m.
8 Light standards height shall not exceed 18 feet. Lighting. fixtures shall be a
maximum of1 ,OOO-watt, high-pressure sodium 'as required by Section 17 30
and shall be maintained for the life of the project. Metal halide lighting is
prohibited.
F Prior to obtaining a final inspection on the Building Permit, the applicant shall comply
with the following:
1 The tennis court lights shall be developed in accordance with the approved
plan on file in the Development Services Department and the conditions
contained herein. A final inspection from the appropriate City Departments
will be required.
2. The applicant shall provide a certification,. by a lighting contractor that all
lights aRd light fixtures have been designed, constructed, mounted; and
maintained such that the light source is cLit off when viewed from any.point
above five feet measured at ten feet from the edge of the court". The lighting
contractor sheW certify that all light fixtures have beendesigned,constructed,
mounted light shields installed, and maintained such that. the, maximum
illumination intensity"measured at the propertyline shall not exceed one~half
foot-candle above ambient light levels.
3 The applicant shall sublllit a landscape plans that depicts 24-inch-box trees
theit will screen the tennis court lights. The glans. shall be submitted to the
adjacent neighbors and the HOA for concurrence on the type and number of
plant species that will effectively screen the light standards.
G Upon installation of the tennis court lights, pursuant to MCUP 05-08, the following
shall apply'
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Resolution No. P-06~21
Page 5
1 Pursuant to Section, 17.30.020 C.3 of the Poway Municipal Code (PMC), ~J 972
tennis court lightifl9 shaJ I' be used onlybetv{een ]'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, The plant materials identified on the approved landscape plan have been
installed along the teflnis court fence ,^,h~~e visible from adjacent and
surrounding properties, and said landscaRingshall be maintained in a
flourishing manner, to the satisfaction of the Director of Development Services,
3, The light standards are limited in number,;size; height, and light shields, which
shall meet the requirements for shielding the light fixtures. The maximum
height of lightsstjall not eJ<ceed18 fe,et from grade The applicant shall
comply with the required maximum 1 ;OOO"watt, high-pressuresodium.lighting
fixtures pursuanUo PMCSection 17.20 020 G"and shall be maintained to the
satisfaction ofthe Director of DevelopmenlServices. ,
Section 4. The approyal of MCUP 05-08 expires on April 4. 2008. at 5:00 p.m. unless,
prior to that time" a Building Permit has been issued,ai1d::construction on the ,property in
reliance on the MCUP approval 'has commenced prior to 'its expiration.
PASSED, ADOPTED and' APPROVED by the City Council of the City of Poway,
State of California, this 4th day of April 2006
yor
ATTEST
X~~
L. Diane Shea, City Clerk
g
. . " :',
Resolution No. P-06-21
Page 6 119'13
STI\TE OF CALIFORNIA .)
)SS
COUNTY OF SAN DIEGO )
I, L. Diane,Shea, CitY9le~k of the City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No P-06-21, was,duly'adopted by the City Council
ata meeting of said City Council held on the 4th day of April 2006, and that it was so
adopted by the following vote.-
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE
~.1,~~
L. . iane Shea, City Clerk
City of Poway