Covenant Regarding Real Property 2005-0180154
'.-
?t _' , '~EC'~RDING.REQUESTED. 00.# 2005-0180154
.' ') ) 1111\1\\1 III \11\l IlIII nlll 11111 11111 \\11\ \111111\11 Iln\ IIll1 1111111\
)
ctp CITY OF POWAY )
) r'"tu.,F. 1~14 .21_1I~(-, 1 1 :; ~ :1 "'.11
l~ WHEN RECORDED MAIL TO: )
) uFFICI..::..L F:EU]F-:[1c
CITYCLERK ) '-,O.l.j DIE,"[I' OUI'IT, F:EC[lRDER"; [IFFWE
CiF:EI3CiR'] .1 S~,'lITH [lJUtH'1 F:EruF:[IER
CiT'('()F'POWAY ) FEE',. ,2':.1 00
P osq)!: 789 :10940 PI.:.,[lE':, :::
POW,4.Y'CA,92074-0789 11111111111111111111111111111111111111111111111111111111111111111111111111111111
)
)
2005-0180154
APN: 277-220-19
MCUP 04-16
COVENANT REGARDING REAL PROPERTY
No Transfer Tax Due
Stephen K.Horn and Kathryri K. Horn as Trustees of the Stephen and Kathiyn Horn
Living Trust dated May 10,_ 1999; PROPERTY OWNERS ("OWNERS" hereinafter), are the
owners of real property described as: .
PARCEL 19 OF CITY OF POWAY TRACT NO 98'02 HERITAGE RANCH
ESTATES, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
cALi'FORNIA, ACCORDING TO MAP THEREOF No 14388, FILED IN THE
OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8,2002,
. ,
and rnore comrnonly known as Assessor's Parcel Number 277-220,19 ("PROPERTY"
herf?inafter)._ In considera.ti()n of the ?IPproval of Minor Conditional Use Permit (MCUP) 04-16,
..- .' "," "
by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions in
the attached Resolution (Exhibit A).
This Covenant shall rOnwiththe land and be binding upon and inure to the benefit of the
future owners, encurnbrancers, successors, heirs, personal representatives, transferees and
assigris of the respective parties.
In the event that MCUP 04-16 'expires or is rescinded by City Council at the request of
the OWNERS, CITY shall expuiige,this Covenant from the record title of the PROPERTY
--
Iii the event of litigation to .enforce the provision~. oHhis Covenant, the prevailing party
shall'be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the
other party
OWNER:
Dated: .:J/ L.( /t?5
/ '
Dated: 02/7/0 S-
.
Dated: /h Is- By'
.
Niall Services
M:lplannlngIOSreportlmcupI04' 16 Horn court.lighlsICOVENANT.DOC
05'QJfj
.,.
. . 1094i
CALIFORNiA ALL.PURPOSE ACKNOWLEDGMEN't
"
,I
State of California " }
S 1) ss.
County of 0Al \~ 0
[ 1
[ on.frbvLYt~ Y~()(\')'beforeme, l-uv--bne. 0\ wd..S'^---' [
Date \., Name and Title of Officer (e,g., "Jane Doe, NOlary Public")
personally appeared st-e.ph 8Y' K, ~ in
Name(s)01 Signer(s\ I
D1fursonally known to me ]
o proved 'to me on the basis of satisfaclory
evidence
to be the person(sJ. whose name(S,)@are-
,. '0 sUtJscribed to the within instrument and l
@ LURENE M.OOOSOH ' acknowledged to me tha@sheltheyexecuted 1
[ _ Commlsslon',I40i\856 the .same, in @h_ir authorized ,I
~ .... ,Noto,y'pUbtlC-COItOmIo capacitY(le$). and that by @/her!tileir
j' San ~c::oiJnty f signature,(sJ.. 'on'the instrument;the person~). or 'I
. MyCOrrin:ElIpieSMcr25,3Il1 the entity upon behalf of which the person~)
- - - -- -- - -- - - - .-.~ ' acted, execlhed'the instrument.
I
I WITNESS' my hand and officiai seal. 1
I ~ I U'l\fl (YI ~)~ 1
Signature of Notary Public
]
1
OPTIONAL
Though the intormationbelowis notrequired 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. 'I
Description of Attached Document .:
TitleOrTypeOfDocu~nt (I.J)VPk'O/fI-j (Pqt1Pc( YPlJ.t f"1VPrty ]
Document Date: I::) I 0-0Cj Number of Pages: ,]
[ 'I
Signer(s) Other Than NarnedAbove:
1
1 Capacity(ies) Claimed by'Signer:
Signer's Name: ,1
o Individual Top of thumb here
o Corporate Offlcer,- Title(s): .1
[ 0 Partner ~ 0 Liniited o Gener,,1
o Attorney.in,Fact
[. 0 T1ustee
[ 0 Guardian.or Conservator
o Othe'r'
Signer Is8epresenting: 1
I
. .,
(j 1999 National NotaryAS~iation. 935D De SolO Ave P,O. Box 2402' ,?ha.lsworth. CA g1313 2402' www.nationalnotary.org Pm:l.;No.5907 Reorder: Call TOII.Free 1~BOO-875.6827
---.- ---- -.--------
- . .
10942
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~ ~
1 'I
I. 'I
~f1 i.rfiJ/~ .1
State of .1
1 ,S?Y2 D(~u. 'I
" County of
, F~ti 'I~OUS before me, 1
I' On 'I
" 'I
[, personally appeared 'I
Name(s) ofSigner(s) ,I
o personally known to me - OR ~roved to me on the basis of satisfactory evidence to be the person~
, whose name~subscribed to the within instrument I
" and aCk~ged to me that ~fthey executed the 'I
" same in ' he tIleir authorized capacity(tes). and that by 'I
I'" @ .......~ ~'_,.""".(" 00 ,""""rum,",., ",=","" ,
, 1
" _ Co...;dSIb. .14Olllll16 or e entity upon behalf of which the persontsl, acted, 1
~. Notary PIJbIIc' - CcIIIi:lnaI executed the instrument 1
Son DIego CoUntY '
I, MyConm"E~Mar:a WITNESS my hand and official seal. 'I
" "I
I, .1
I, (A~ rYI /t()Jylou--' .1
1
I, Signature of Notary Public 1
" OPTIONAL .1
I, Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent .,
1 fraudulent removal and reattachment of this form to another document. ,
, 1
[ Description of Attached Document ,I
1 COIeniVlf --=R<<{?Y'd.J.~ ---=Rpa 0 ~vDf-PA^*y "
[, Title or Type of Document: 'I
'j
Document Date: Number of Pages: j
Signer(s) Other Than Named Above: ,I
j
Capacity(ies) Claimed by Signer(s) ,I
'I
, Signer's Name: Signer's Name: 1
, ,
I, o Individual o Individual "
" o Corporate Officer o Corporate Officer 'I
Title(s): Title(s): 1
1 o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General "
I' o Attorney-in-Fact o Attorney-in-Fact ,
" o Trustee o Trustee 'j
~ o Guardian or Conservator RIGHT THUMBPRINT o Guardian or Conservator ,I
OF SIGNER
I o Other' Top of thumb here o Other" Top 01 thumb here 'j
I
.1
j' ,j
I' "
I, Signer Is Representing: Signer Is Representing: 'I
1 ,I
[, 'I
I' 'j
I. ,I
I, .j
c"' ~~~~~~~~~'@V.~~~~~~~~"8<; ~ "
\01995 National Notary Association' 8236 Remmel Ave., P.O. Box 7184' Canoga Park. CA91309-7184 Prod. No. 5907 Reorder: Call ToU.Free 1-800-876-6827
, ~
. .
10943
EXHIBIT A
RESOLUTION NO P-05~05
A RESOLUTION OF THE CITY COUNCIL
OF THi::CITY OF POWAY, CALIFORNIA
APPROVING MI,f\JOR CONDITIONAL USE PERMIT 04-16,
A REQUEST TO INSTALL TENNIS COURT Limns ON LOT 19,
A RESIDENTALLOT.LOCATED AT18810 OLYMPIC POINT,
WITHINTI:lE HERITAGE II DEVELOPMENT,
IN THE]~URAL RESIDENTIAL A ZONE
ASSESSOR:S PARCEL NUMBER277-220-19
WHEREAS, Minor Conditio)1alUse Permit (MCUP),04-1.6 was submitted by Stephen
and.Kathryn Horri, Applicants, to permittheinstallation of court iigHts atan.approvedtennis
court and residence under construction at 18810 Olympic Point, within the Heritage II
development and zoned Rural Residential A (RR_A); and
WHEREAS, on January 25, 2005, the City COlmcil held a duly advertised public
hearing to solicit comments frbmthe 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 04-1.6 is exempt from the provisions of the
California Environmental QUClJity Act (CEQA), as, a Class .3 Categorical Exeml?tiof1"
pursuapHo Sectio[115303 6fthe'CEQA Guidelines, in thatit involves the construction of
an accessory structure for an existing single-family residence.
Section 2: The findings, in,accordance with Section 1748070 of the Poway Municipal
Code, to approve MCUP 04"16, to permit the instal!atiqnof court lights at a tennis court
approved through MinorDevel9priiEmt Review Applicafion(MDRA) 04"111, on a 10.15-acre
residential lot at 18810 Olympic Point, within the RR-Azone, are made as follows:
A The design ofthe'proposed tennis court,lightingwillmeetthe required lighting type,
height limit, and operating hours, ard will otherwise comply with all of the relevant
Codes a[1d stahdaras Qtthe City of Po way The proposed use is considered to be
an allowable accessory use in the zone, with the approval of a Minor Conditional
Use Permit. Therefore, the proposed location, size, design, and operating
characteristics of the prpposed use are inaccordaQce with the title and purpose of
Section 1748.070, the'purp6se ofthe zone in which,the site is located, the General
Plan, and the development policies and standards of the City
B The location and design of the proposed tennis court lighting will not create a
negative visual ,impact on surrounding properties as the tennis court is situated at
the end of a cul-cle~sac, in the northernmostP6rtion of Heritage II Lightswill not be
visible from tot 18;the only potentially impa'cted property, as the tennis court lights
. - ' . . . - '.,' - - . - ~ -' - .
will be screened from view byan adjacent slope to.lhe south and dense landscaping
. . 10944
Resolution No. P-05-05
Page 2
to the east, Therefore, the location, size, design, arid 'operating characteristics of
the proposed use will be compatible with and :will not adversely affect or be
rnaterially detrirhentalto, adjacent uses, residents"buildings, structures, or natural
resources.
C The.light standards forthetennis.court are Iimiteg toa:maximum of 8 lights and a
maximum height of 18 feet. Therefore, the harmony in scale, bulk, coverage, and
density of the project iscorisistent with adjacent'uses.
D There are public facilities, services, and utilities available.
E. The proposed lighting will be directed within the project boundaries and wiil be
softened ,by landscaping to mitigate its visibility'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
cnaracteristics.
F The tennis court, lights will be located on a 10, 15-acre residential p<.lrcel at the
terminus of Olympic Point and fifty feet from thEi front yard property line allowing
for adequate landscaping to scrE:)en any potehtial views to the tennis court lights.
The tennis court is situatedwithih the side yard, at the base of a slope which rises to
an elevation of 766 feet, 28 feet above the tennis court elevation. Additional
landscaping on the slope to the south and northwest will further restrict "-L~",,ofthe
court from propertiesto'the"south and west. Therefore, the site is suitable for'the
type and intensity of use or development that is proposed.
G. T,heproject is limited i~ s~Qpe; therefore, thereWiII be no significant harmful effects
upon environmental quality and natural resources.
H. The proposed use isan allowable accessory use in the RR-A zone. Therefore, the
impacts, as described above, ,the propm;~dlocation,size,design, and operating
characteristics of the proposed use, and tl:1e 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 irnprovements in the vicinity, nor be
contrary to the adopted General Plan.
t That the proposed conditional uses will ,comply with each of the applicable
provisions of Section 17.48 070 of the Poway Municipal Code.
Section 3: The City Council, hereby approve~ MCUP 04-16, for the installation of a
rnaximum of 8 tennis court lights on Lot 19, a resiclElntiallot'locatedat 18810 Olympic Point,
within the RR-A zone, as shown on the plans dated November 30, 2004, subject to the
foll9win9 conditions:
" '~
. . 10945
Resolution No P-05-05
Page 3
A. Approval of this MCUPshall apply only to the'subject project and shall not waive
compliance with all Secti.ons of the Zoning Ordinance, and all other applicable City
Ordinances in effect atthe time of Building PeYrilitissuance.
B. Within 30 days of the date of this approval:
1 The applicant shall.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 this 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 of MCUP04-16 shall remain in effect forthelifeofthe,subject tennis
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 ota Building Permit, the applicant shall comply with the following:
1 The applicant.shall pay all applicable engineering, plan checking, permit, and
inspection fees. .
2. The applicant shali comply with the latest;adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at thetime,ofBuilding Permit issuance.
3. The site shall be d~veloped in accordance with the approved site plan on file
in the Development Services Department and the conditions contained
herein.. Gradingotthe>lot shall bein accordance with the Uniform Building
Code, the City Grading Grdinance: the approved grading plan, the approved
soils report, and grading practices agceptable to the City All components of
the tennis court/lighting installations (inCluding footings) are entirely outside
the easement on-site.
4 Pursuantto Section 17.30 020 C,of the PowayMunicipal Code; the applicant
shall submit lighting plans that refl?cJ thaHhe lighting will be shielded from
the adjacent properties, to the satisfaction of the Director of Development
Services.
5. Pursuant to Section 17.30.020 E ofthe,Poway Municipal Code, the building
plans shall depict, to the satisfaction of the Director of Development Services,
that the support posts, light poles, and fiXtures will be painted a dark non-
reflective color so as to reauce their overall visibility.
,. -
. . t0946
"!
Resolution No P-05-05
Page 4
6. Pursuant to Section 1730 020.F of.the Poway Municipal Code, the building
plans shall depic;t;40 the satisfaction of the Director of Development Services,
thatdehse evergreen screening landscaping will be installed on the west,
f;!ast arid southern sides of the court so as to soften the appearance of the
light poles.
7 The building plans shall depict, to the satisfaction of the Director of
DevelopmentServices, that lighting is on a timer of limited duration designed
to prevent the lights;from accidentally beirigleftonand automatically shut off
at 10'00 p.m.
8. Light standards height shall not exceed 18 feet. Lighting fixtures shall be'a
maximum of 1,000-watt, high-pressure ,sodium as required by Section
17 30.020 of the Poway Municipal Code'andshall be maintained for the life
of the project. Kiletal 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
cohtained hereiri. 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 andlig'ht .f1xtures haVe been desTgned, constructed, mounted, and
maintained such that the light source is cut off when viewed from any point
above fivefeetmeasured aUen feet fromthe edge of the court. The lighting
contractor shall certify that all light fixtures have been designed,constructed,
mounted light shields installed, and mairitained such that the maximum
illumination intensity measured aUhe property line shall not exceed one-half
foot-candle above ambient light levels:
G. Upon installation of the tennis court lights, pursuant to MCUP 04-16, the following
shall apply'
1 Pursuant t6Poway Municipal Code (PMC) Section 17.30 020 C.3, the tennis
court lighting shall be used onlybetween7:00 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 required landscaping has ~een 'in!)talled along the tennis court fence
where visible from adjacent and surrounding properties, and said
landscaping shall be maintained in a flourishing manner, to the satisfaction
of the Director of Development Services.
.,-~' " .
. -10947
, , .
Resolution No. P-05- 05
Page 5
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 heig~toflights shall not exceea18feet from grade. Theapplicarit
shall comply with the required maximum 1,000-watt, high-pressure sodiLim
lighting fixtures pursuant to PMC Section 17.20020 G, and shall be
maintained to the 'satisfaction of the Director of Development Services.
Section 4 The approval of'MCUP 04-16 expires on January 25, 2006, at 5:00 p.m.
unless; prior to that time, a BLijlging Permit has be.en issued, and 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 25th day of January 2005.
ATTEST
;t~~
L Diane Shea, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty
of perjury, that theforegoingHesolution No. P-05- 05" , was duly adopted by the City
Councilatameeting:ofsaid City Council held.,on the25th day of January 2005,and,that it
was so adopted by the 'following vote:
AYES. BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE ;i~ ~~
L Diane Shea. City Clerk
City of Poway