Covenant Regarding Real Property 2005-0349322
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RECORDING REQUEST B. ) D.~# 2005-0349322
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CITY OF POWAY )
I.'\IHENRECORDED MAIL TO" f4 l
APR 26 2005 4"53 PM
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CITYC~ER!:<,.. CO ) OFFID,C'..L FiECCiF:[I':,
CITY OF POWAY ) ':I,C'.,i'j [IICCin r-I-lur'IT'1 RECOR[IER'~, OFFILE
, PO BOX 789 (f\) CiF:EGOF;"1 ,I <:;hlITH, COUtH'1 F:ECOR[IEFt
POWAY CA 92074-0789 1/- ) FEE", ,2'11:10
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No Transfer Tax Due ) 11111110111111111111111111 0111111111111111111111111111111111 om 111111111101
APN: 277~220-34 ; ;W05"Q349322
MCUP 04-17/MDRA 04-126
COVENANT REGARDING REAL PROPERTY
William D Pollakov and Debbie Pollakov, PROPERTY OWNERS ("OWNERS"
.her.einafter), are the owners of real property described as.
PARCEL 34 OF CITY OF POVVAY TRACT NO 98-02 HERITAGE RANCH
ESTATES, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THERE()F 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 277-220-34 ("PROPERTY"
hereinafter). In consideration of the approval of Minor Conditional Use Perniit (MCUP) 04-17,
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 ofthe respective parties.
In the event that MCUP 04~17 expires or is rescinded.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,entiiled to full ,reimbursenient of all costs, including'reasonable attorneys' fees, from the
other party
Dated:
Dated:
Dated: "'"6 II /0 S- By'
Niall Fritz, Director ofDevelo ent Services
M:\planning\05report\mGup\04-17 Pollakov court Iights\COVENANTDOC
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27412
CALIFORNIA All-PURf)OSE ACKNOWlEDGMEt,.lT
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acknowledged to me that he/she/they executed
" the same in his/her/their authorized
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signature(s) on the instrument the person(s), or
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- Comm, # 1354663
(/)NOTARY,PUBlIC . CALifORNiA (J)
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Plal;eNolary Seal Above
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, Though the information below-is not required by taw, it may prove ,valuable to persons relying on the document
and could prevent fraudulent removal and reattachmenf.of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date. Number of Pages:
Signer(sl Other Than,Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: RIGHT, THUMBP.RINT
o Individual OF SIGNER
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o Corporate Officer;-~Title(s):
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" o Attorney in Fact
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Signer Is.Representing:
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if) 1999 Nat,onal NotaryAssocialion . 9350 De Solo Ave PO Box 2402 . Chetsworth, CA 913!3.2402. WWN nalionalnCltarv,org Proo. No. 5907 Reorder: Call Toll-Free ,.800-876.6827
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27413
RESOLUTION NO P-05~ 08
A RESOLUTION OF THE CITvCOUNCIL
OF TMECITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL,USE P!=~MIT 04-17,
A REQUEST TO INSTALL TENNIS COURT LtGHTSON LOT 34,
A RESIDENTAL.,LOT LOCATED AT14HO BRYCE POINT,
WITHIN THE, tiERITAGE II DEVELOPMENT,
IN 1HE RURAL RESIDENTIAL,A ZONE
ASSESSOR-'S PARCEL NUMBER 2.7'7-220-34
WHEREAS, Minor Conditional Use.Permit (MCUP) 04-1.TWassubmittedbyMr.and
Mrs, William Pollakov, Applicants, to permit the in~tallatioh,of court lights at an approved
,tennis court and resideQce und~.rcon.struCtionat 14170 Bryce Point, within the Heritage,1I
developmerlt'and zoned Rural Residential A (RRcA);,and
WHEREAS, on March 1, 2005,lhe City Council hekta 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 CouncilJindsthat MCUP 04-1Tis ~xempt from the provisions of the
California Environmental Quality Act (GEQA), as a Q11ss 3 Categorical Exemption,
pursuantto Section 15303 oftlie CEQA Guidelines, in that it involves the construction of an
accessory structure for an existihgsihgle-famiiy residence.
Section 2: The findings, in, accordance with.Section 1748,070 ofthe Poway Municipal
Code, to. approve MCUP 04c17, ,to permit the installation of court lights at a tennis court
approved through Minor Development ReviewAp'plic.a~ion(MDRA) 04-126, on a6.32-acre
residential lot at 14170 Bryce Point,within theRRWzone, are made as follows:
A Tlie desig-n, bWiep'roposed,tehnis.courflignting'Will meet the required:lig/:1ting,type"
height limit, and operating hours, and will otherwise comply with all 6Hhe relevaht
Codes and standards of the City of Poway Tqeproposed use is considered to be
.an allowable accessory use in the zone, with the approval ofa Minor Conditional
Use Permit. Therefore, the proposed location, size, design, and operating
characteristicsiofthe proposed use are in accordance with the',title and purpose of
Section 17 48 070, the purpose of thezone;inwhichthe site is located, the General
Plan, and thedevelopmentpolic;ies and standaras of the City
B. The location ahd desjgh of' theprbposed tennis court lighting will not create a
negatiite;Vis9alimpact on surrounding properties as the tennis court is situated at
the endofa cul-de-sac, Lights willnot,be visible from Lots 10,. 11, and 12 as the
residence and large open space areas of native vegetation slope will screen it from
view The court lights wilLnol'impacfthe,residence on Lot 32 to the north, since the
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Resolution No P-05- 08
Page 2
residence is over 50 feet from the property line., the lights are proposed to be
shielded, and dense 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 10 adjacent uses, 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 heightof 18 feet. Therefore, the harmony in scale, bulk, coverage, and
density of the project is consistent with adjacent uses.
0 There are public facilities, services, and utilities available.
E. The proposed lighting will be directed within the project boundaries ana 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 on a 6,32~acre parcel at the northwest corner of Old Coach
Road and Bryce Point. The.tennis court is situated within the rear yard, over 280
feet from Old Coach.;Road arid 320 feet from Bryce,Point. The residence will restrict
view of the court from Bryce:Point and the landscaping and native vegetation within
the open space will restrict views from Old Coach Road. While the residence to the
north on Lot32will be over50 feet from the property line, dense landscaping will be
required to screen the court and lights, and the court is located eight feet below
grade. Therefore, the site is suitable for the type and intensity of use or development
that is proposed.
G The projecUs limited in scope; therefore, there will be no significant harmful effects
upc;m environmental quality'and natural resources.
H The proposed use is an alloWable'accessoryuse in the RR~A zone Therefore, the
impacts, as described above, the proposed location, size, design, and operating
characteristics of the proposed use, ancj 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; and
I That the proposed conditional usewill comply with each of the applicable provisions
of Section 1] 48.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves MCUP 04-17, for the installation of a
maximum of eight tennis court lights on Lot 34, a residential lot located at 14170 Bryce
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Resolution No P-05-08
Page 3
Point, within the RR-A zone, as shown on the plans dated December 13, 2004, subject to
the following conditions.
A. Approval of this MCUP shall apply. only to thelsubject 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.
B Within 30 days ofthe date'of this approval:
1 The applicantshall submit 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 thi~ approval shall not be conducted in such a
manner as to interfere with 'the reasonable use and enjoyment of surrounding
residential uses.
D The conditions ofMCUP 04-17 shall remain in effect for the life ofthe subjecttennis
court and tennis court lighting, and shall run with. the land and be binding upon
future owners, successors;.heirs, and transferees of the current property owner
E. Prior to issuance of a Building Permit, the applicantshall comply with the following:
1 The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
2. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Cq,de, and all other applicable codes and ordinances in
effect at the time of Building Permit issuance.
3 The site shall be developed in accordance withthe'approve~ site plan on file
in the Development Services Department and the conditions contained
herein. Grading of the lot shall be in accordance 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.coUl't/lighting installations (including footings) are entirely,outside
the easement,an-site.
0
4 Pursuant to Section 17.30 020.C ofthe.Poway Municipal Code, the applicant
shall sLibmit.lighting plans that refledthat the lighting will be shielded from
the adjacent properties, to the satisfaction of the Director of Development
Services.
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Resolution No. P-05-08
Page 4
5. Pursuantto,Section17,30:020.E of the Poway Muilicipal Code, the building
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pla.ns shaIlgepi~t,.tothesatisfactiol) of the' Director of Development Services,
thatthe .SUPPOl:t'POSts, light poles, arid fixtures will be painted a dark non-
reflective color so as to reduce their overall visibility
6 PursuanttoSection 17 30020.F of the Poway Municipal Code, the building
plans shall depict';Jo th~ satisfaction of the Director of Development Services,
that dense evergre:enscreening landscaping wil] be installed the tennis court
visible from the road .and along the interior property line to screen the lights
from Lot 32;.the adjacent property to the north; so as to restrict vi~ibilityof the
light poles.
7 The building plans shall depist, to tbe sati$fac;tion of the Director of
Development'S~rviqes,.thatlighting is on atimer of limited duration designed
to prevent thelightsJromaccidentally being left on and automatically shut off
at 10'00 p.m.
8 Light standards heightsball not exceed 1 Me,et. Lighting fixtures shaUbe a
maximum of t,OOO-'watt, hJgh-pressureSbdilJrn,as required by Section 17.30
and shall be maintained for the life oftheproject. 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 cour,tli9hts shall be developed iriaccordance with the approved
plan on file in the. Development Services Gepartment 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 and light fixtures have been designed, constructed, mounted" and
rfiairltaineo -such that the light soutte is tlW()ffwhen Viewed from any point
above five feet measured aUen feetfrom the edge of the court. The lighting
contractor shalLcertifythat alllightfixtures have been designed, constructed,
m()unted light shields installed; and maintained such that the maximum
illumiriati(),ri i(itensitymeasuredat ttle.property line shall not exceed one-half
foot-candle above?mbient lightlevels.
G. Upon instailatiori 6f;thetennis,cpurt lights, pursuaritto MCUP 04-17, the following
shall apply'
1 Pursuant toPoway Municipal Code (PMC) Section 17 30 020 C.3, the tennis
court lighting shall be used only between 7'00 a.m. and 10:00 p.m., and an
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Resolution No. P-05- 08
Page 5
autorn.atictiiner shall be programmed to aUtomatically shut the lights
off at 10:00 p.m.
2. The required landscaping has been installed along the tennis court fence
where. visible from adjacent and sUrrounding properties, and, said
landscaping s~.aH.be maintained in a f1ourishing'manner, to the satisfaction of
the Director bfDevelopment 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 heightoflightsshallnot'exceed 18 feetfromgrade. The applicant
shall comply with the required rTlaximum 1,000-watt;, high~pressure sodium
lightingfiXlures purs,uarit to PMC 'Section 17.20.020 G, and shall. be
maintained t6 the satisfaction of the Director of Development Services.
Section 4 The approval of MCUP 04-17 expires on March 1,2007, at5:00 p.m. unless,
prior to that time, a Building Permit has been issued, and construction on the property in
reliance on the MCUP approval has'c6r'nmenced prior to its expiration.
PASSED,ADOPTED and APPROVED by the City Council of the City of Poway,
State ofCaliforriia, this 1st day of March 2005.
or
A nEST'
, :tlntw~~
L ElJane'Shea, Clty'Clerk
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Resolution No P-05- 08
Page 6
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN'DIEGO )
I, L. Diane Shea, City Clerk of the City of Po way,. do hereby certify, under the penalty
of perjury, that the foregoing ResohJtion No 05- 08 , was duly adopted by the City
Council at a meeting of said'City Council held on the 1 st day of March 2005, and that it was
so adopted by the following vote:
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN: NONE
DISQUALIFIED. NONE :t~bAL< ~
L.. Diane' Shea, City Clerk
City of Poway
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