Covenant Regarding Real Property 2005-0116363
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, " " CITY'OF POWAY )
1 ~~i:iEN RECORDED MAIL TO: ) FEB 10. 2005 4'04 PM
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\ ' CITY CLERK ) OFFICloL REcom,";
) -"I.:.,j-J [ilECill LOUtH'1 RECOFi[IEF1":,OFFI(F
CITYOF'POWAY ) l:iF:ECiOF:1 ,I ':,MIHL I-UUNTI F\EuJR[lER
POBOX 789 ) FEE; ib,no
POWAY CA 92074-0789 ) P'-':'.GE':, (
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No Transfer Tax Due 1(0670 )
APN: 277-220-17 2005-0116363
COVENANT REGARDING REAL PROPERTY
Brad and RobiriCohen, PROPERTY OWNERS ("OWNERS" hereinafter) is the owner of
real property described as:
PARCEL 17 OF CITY OF POWAY TRACT t'O 98-02 HERITAGE RANCH
ESTATES, IN THE 'cITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO M~P THEREOF Np14388, FILED .IN THE
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OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8, 2002.
and more commonly known .as Assessor's Parcel Numper 277-220-17 ("PROPERTY"
hereinafter). In consideration of the,approval of Minor Con"ditional Use Permit (MCUP) 04-10,
by the City of Poway (':CITY" h\,reinafter), OWNERS hereby agrees to abide by the conditions in
the attached Resolution (Exhibit A).
This Covenant ~hall run'with the land and be binding upon and inure'to the ,benefit of the
future owners, encumbrancers, 'successors, heirs, personal representatives, transferees arid
assigns of the respective parties.
In the event that MCUP 94-10 expires or is rescinded by. City Council at the requestof
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 reimbursementof all costs, including reasonable attorneys' fees, from:the
other party
OWNER:
Dated:~ By' ~/
Brad Coheri (Notarize)
Dated: -+\ll' \ 0 r ::NE~ tJ~-
ROD 6{Jn \: (Notarize)
CITY OF POWAY
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Dated. /Z-:- I''{. tp*'Y By.d'.
Niall Fritz; Director ofD
M:lplanningI04reportlmcupI04.1 OICOVENANT mcup 04.10:00C
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. . 16077
C~LJF()IINIAA":L;PURPOSIE.ACKNOWLEDGMENT'
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State 01 California } ss
County of :)0 IJ Dlecot\
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On :Jon" ii, ~ , before me.' V '5 -:Pel! I
Dale Name and Title of Officer (
personally appeared b ('cv'\ 5 Cohen ~ f...}bl~1f) h
,
Name(s)dI igoer(sl
o personally known to me
o 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
~ ~ Vie. S .'EUEGRIN! ~ capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
() COMM, #1382284 0 the entity upon behalf of which the person(s)
() NOTARYPUBLlC'.CALlFORNIA 0 acted, executed the instrument.
t- . " . SAN DIEGO COUNTY ...L
j My c~mm. ExpIres Oct. 29; 2006 l
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Place Notary Seal Above )
OPTIONAL
Though the information below is not rec/l.Jired by Jaw, it may piovevafuabfe,to persons relying on the document
and could prevent'fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: ~
Signer(s) Other Than Named Above:
Capacily(ies) Claimed by Signer
Signer's Name:
o Individual .
Top of thumb here
o Corporate Officer ~ Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
I o Trustee
D Guardian or Conservator
o Other'
Signer Is Representing:
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@ 1999 Nalional Notary Associalion . 9350 De SolO Ave" P,O_ Box 2402' Chatsworth. CA 91313-2402' www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free l-BQO..876-6827
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ATTACHMENT A 16078
RESOLUTION NO P-04-53
ARESCiw:nON OF THE CITY COUNCIL
OF THE1CITY'OFPOWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USFPERMIT 04-10,
AREQU!=ST lIO INS~AlL TENNIS (.>OURT LIGHTS
ON LOT 17"A RESIDENTAL LOT
WCATED AT 14150 AUGUSTA COURT,
WITHIN THE HERITAGE I!-DEVELOPMENT
IN'THE FWRAL.RESIDENTIAL A ZONE
ASSESSOR'S PARCEL NUMBER 277-220-17
WHEREAS, Minor Conditional Use Perrnit(MCUP) 64-10 was submitted by Brad
and Robin Cphen,Applicants, toperrnit the installation,oftennis courtlights at an approved
tennis court and residence. under c.onstruction at 14'1 ~O'Augusta Court, within the Heritage,
" developrnent and zoned Rural Residential A (RR-A), and
WHEREAS, on September 14, 2004, theCity Council held a duly advertised public
hearing to solicit cornments frorn the public, both pro and con, relative to this application,
NOW, THEREFORE, BEn RESOLVED by the:City Council of the City of Poway, as
follows:
Section 1 The CityCouncilfinds that MCUP 04-10 isexerilpt frorn the provisions of the
California E,nvironrnental Quality Act (CEQA), as a Class 3 Categorical Exernption,
pursuant to Sectioil15303 of the CEQA Guidelines, irithafiUnvolves.the construction of an
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accessory structure for an existing single-farnily residence
Section 2: The findings, in accordance with Sectiowt7 48 070 of the Poway Municipal
Code, to approve MCUP04-1.O: to perrnit the installation oUennis court lights at a,tennis
court approved through'MinorDe,lieloprnent Review ARPlication 04-57 (MORA 04-57) on a
459-acre residential lot at 14150 Augusta Court within'the RR-A zone, are made as
follows,
A. The design of the proposed tennis court lighting will rneetthe required lightingtype,
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height.liinit, and operating hour::;, and will otherwise cornply with all.ofthe relevant
codes ahd 'standards of ,the City of Poway The proposed use is considered to be
an allowable accessory use in the zone, with. the approval of a Minor Conditional
Use Pe.rrnit. The,refore, the proposed location, size, design, and operating
characteristics of the proposed use are:in accordance with the title and purpose of
Section 17 48,070, the purpose ofth~zoile,ilJwhich the site is located, the General
Plan, and'thedevelopment poliCies and staildardsof the City
B. The location and ,design ,of the proposed tennis court lighting will not create a
negative,visual irnpact on surrounding properties as.the tennis court is situated on a
large pa~cel with aJClrgeopen space area between the tennis court and the adjacent
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residential parcel to the northeast, and the tennis court will be screened by a slope
and vegetation, to the existing residenceto the:southc Therefore; the location, size,
design, and operating characteristics of the proposed use will be cbrnpatible with
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16079 Resolution No, 1"-04-63
Page12
and will not adversely affect orbe rnateriallydetrirnental to adjacent uses, residents,
buildings, structures, of'natural resources,
C The light standards for,the tE.Hlnis c9urt are Iirnited to a rnaxirnurn often lights and a
inaxirnurn height of eighteen, feet. Therefore; theharrnonyin 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 and it will be
s()ftened by landscaping to rnitigate its ,visibility frorn the surrounding properties,
The lighting will further be shielded by screening on the tennis court fencing,
Therefore, there will be no harrnful effects upon desirable neighborhood
characteristics.
F, The project is '<;>cated ona4.69-acre parcel allowing'adequatesetback to the tennis
court lighting. The tennis court is situated withinJheside yard setback and will be
screened to the:parcels to the west by the proposed residence, and the slope to the
eastwill screen thetenhiscourt lights to the east. 1.he residential building pads for
Lots 14 and 15 tothe'sotith are located over 200 feetand 180 feet, respectively
Therefore, the site'issuitableforthe type and intensity of use or developrnent that is
proposed,
G, The project is lirnitedin scor:>e, therefore, therewillbe no significant harrnful effects
upon environrnerital <1Q.ality and natural resource?
H, The,proposed use is, an allowable accessory use inJhe RR-A zone Therefore, the
irnpacts, 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 rnaintained, will, not be detrirnental to the public health, safety, or
welfare, or rnateriallyinjurious to properties or irnprovements in the vicinity, nor be
contrary to the adopted General Plan.
I That the r:>ror:>os~d conditional uses .will comply with each of the applicable
provisioris of Sectiori 1.7 48,070 of the Roway Municipal Code
Section 3 The.City Councirhereby approves MCUP04-1 0 for the installation of tennis
court lights on Lot 17, a residential lot located at 14160 Augusta Court; within the RR-A
zone, as shown on the pl<;lns dated May 10, 2004, subject to the following conditions:
A. Approval of this MCllP shall apply only to.the subject project and shall not waive
cornpliance with all Sections ofthe1Zoning'Ordinance and all other applicable City
Ordinances in effect at the tirne of Building Perrnit issuance,
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16080 Resolution No. P-04-63
Page 3
B Within30:days of the date of this':approval:
1 The applican!snalrsubmit in writing that all conditions of approval have been.
read ahd understood.
2, The property owners,shall execute a Covenant Regarding Real Property
C The use conditionally" granted by this approval SI11311 not be conducted in such a
rnanner as to interfere with the reasonable use and enjoyrnent of surrounding
residential uses,
D The conditions,ofMCUP, 04-10 shall rernain in effectfor the'lifeofthe subject tennis
court and tennis court lighting, and shall run with the land and I:>e binding upon
future owners, successors, heirs, and transferees ofthe current property owner
E. Prior to issuance of a Building Perrnit, the applicant shall corn ply with the following:
1 The applicant:?liall pay all applicable engineering, plan checking, permit, and
inspection fees,
2, The applicant shall corn ply with the latest adqpted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect al'the time,ofBuildirig Perrnit issuance,
3 The site shall'oe developed in aCyordance wilh the approved site plan on file
in the Developrnent Services Departrnent and the conditions contained
herein. Grading'of,the, lot shall be in accordance with the Uniform Building
Code, the City qradil)g Ordinance, the approved grading plan, the approved
soils,report, and grading practices acceptabletothe City All components of
the tennis courUlighting installations (i.e. including footings) are entirely
outside any easernents on-site.
4, Pursuant,toSection 17,30.020 C of the PoiNa~ MunicipalCode, theappiicarit
shall submit lighting plans that reflect that the iighting will be shielded from
the adjacerit properties, to the satisfaction of the Director of Developrnent
Services.
5 Pursuant tbSection 17 30 020.E6f.thePoway Municipal Code, the building
plans shall depict, to the satisfaction ,oUhe Director of Developrnent Services,
thatJhe'support posts, light poles, and fixtures will be painted a dark non-
reflective color so as to reduce their overall visibility
6 Pursuant t()Section 17 30 020.F ofthe Pow.ay Municipal.Code, the building
plans shall depict, to the satisfaction of the DirectorofD~velopmentServices,
that dense sCreening landscaping will be installed so as to soften the
appearance of the light poles,
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16081
Resolution No, P-04-63
Page 4
7 The blJilding plans shall depict, to the s<!tisfactjon of the Director of
Developrnent Services, that lighting is on.a tirner designed to shut off after a
lirnited duration to prevent the fights frorn accidentally being left on and to
turn-off autornalically at 10'00 p.rn.
8 Light standards heightshall not exceed 18 feet. Lighting fixtures shall be a
rnaximumof 1 ,000"Watt, low-pressure sodium lighting fixtures 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 Developrnent ServicE;lS Depart~ent and the conditions
contained herein, A final inspection:from the appropriate City Departrnents
will be required.
2, The applicant shall provide a certification by a lighting contractor that all
lights and light'fixtures have been designed, constructed, rnounted, and
rnaintainedsuch that the light source is cutoff'When viewed from-any point
above five feet rneasured at ten feet fromtbeedge,of the court, The lighting
contractor shall certify that all light fixtures,havebeen designed, constructed,
- rnounted light shfelCtsinstalled, and rnaintained such .that the maximurn
iIIurnination intensity-rneasured at the property line shall not exceed one-half-
foot candle above arnbient light levels
G, Upon-installation of the tennis court lights, pursuant to MCUP 04-10, the following
shall apply'
1 Pursuantto PoWayMunicipal Code (PMC) Section 17 30 020 C,3, the tennis
court lighting shall be used only betWeen'7'OO,a.mc and 10'00 p,m, and that
the lights will autornatically be shut offiat10'OO p.rn,
2, Th'e required landscaping has been installed. along the tennis court fence
where visiblefrorn adjacent and surrounding properties, and said
landscaping shall be rnaintainecl in.aflourishing rnanner, tothe satisfaction of
the Director ofDeveloprnent Services.
3. The Iighl standards are limited iri number; size, height, and light shields,
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which shall rneet the requirernentsfor 'shielding the light fixtures, The
maxirnurn height of lights shall notexceed.18 feet from grade, The applicant
shall. corn ply with the requiredmaxirn_urn tOOO-watt, low-pressure soqiurn
lighting fixtures pursuant 10' PMCSection 17,20020 G, and shall be
rnaintained to the satisfaction of the DireCtor of Developrnent Services,
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16082 Resolution No P-04-63
Page 5
section 4 The, approval ofMCUP04-10 expires omSepteniber 14, 2006, at 5'00 p.rn,
unless, prior to that tirne, a Building Perrnit has b~en issued, and construction on the
property in reliance on the MCUP approval has.comhlenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State,of California, this 14th.dayof Septernber 2004
ATTEST
Jea e Bunch, Interirn City Clerk
STATE.OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, InterirnCityClerk of the City of'Poyvay, do hereby certify, under the
penalty of perjury; that the foregoing Resolution NO,iP-04-63(was duly adopted by tile City
Council ata rneeting of saictQity'Council'held on the 14th dayofSeptehlber 2004, and that
it was so adopted by the folloWing vote,
AYES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES, NONE
ABSTAIN: NONE
,ABSENT NONE
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Jea e.:Bunch, Interirn City Clerk
Ci of Po way