Covenant Regarding Real Property 2005-0116289
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\ ';:?f -.'RkoRDINGREQUEST'BY. ) DOCe 2005-0116289
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--elf(. CITY OF POWAY )
) 3'56 PM
'ijsf'- WHEN RECORDED MAil TO: ) FEB 10,2005
1 CITY 9lERK ) OFFIClo,L REcom,",
) ';p}J [IIEriO COUt',JT'1 F:ECOFi[IEF,'.S OFFII-E
CITY'OF'POWAY ) CiREbl]R"1 ,I St',1ITH 1.,J]Uf'JT'IFlECUF:['EF:
P O,BOX. 789 ) FEES 2':i UI-I
POWAY CA 92074'0'789, ) F'""riE':., 8
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No Transfer Tax Due )
APN: 277c220c37 2005.0116289
MCUP 04-05 15365
COVENANT REGARDING REAL PROPERTY
_ John _Slllith anci ,,I'v1~e.n<l., Slllith", Family Trust, PROPERTY OWNERS ("OWNERS"
hereihafter),are the owners ohealpropertydescribed as:
PARCEL 37 OF CITY OF P0WAY TRACT NO 98-02 HERITAGE RANCH
ESTATES, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CAliFORNIA. ACCORDING TO MAP THEREOF NO 14388; FilED IN THE
. . ._. _,. _ _U'''_. _" _ .,' _,' '_',,'. . _,' .
OFFICE OF THE COUNTY RECORDER OF SANDIEGO COUNTY, MAY 8, 2002,
and more commonly known as .Assessor's Parcel Number 277-220-37 ("PROPERTY"
hereinafter), In c,0l)sidera,ti9n of.theC!RProv'!l qf Minor Conditional Use Permit (MCUP) 04-05.
by the City of Poway("CITY" hereinafter), OWNER hereby agrees to abide by the conditions in
the attached ResolLition (Exhibit A).
This Covenant shall run with the lahd and be binding upon and inure to the benefit of the
future owners, encumbrancers, successors, heirs, personal representatives, transferees and
a'ssigns of the respective parties,
In the event that MCUP'04--05',expires or is rescinded by'City Council at the request of
the OWNERS, CITY shall expunge this Covenantfromthe recora title of the PROPERTY
In the event of litigation to 13hforce the provisions of this Covenant, the prevailing party
shallbe entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the
'other party
OWNER:
Dated: 1_ 2.~' CJ s: BY'~~
Dated: J-~J4-() 5 . hn'Smith (notarize) ~
By' ~~~ "-
Meema Smith (notarize) "'----
Dated: /7.., r P () 'L By'
Niall'Ffitz, DireCtor Development Services
M:lplanninglOSreportlmcupl04005 Smith court IightsICOVENANJ.DOC
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15366
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California }
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On ~"'-""''-\ ~'-\,atos-, before me,~'-"-" 'i'>'~'<::''''-,\,\\''''-'''. ""'~"'--I. "'-'->.\, ~,
Date Name and Tille of: Officer (e.g., "Jane Doe, Notary Public")
personally appeared "S'""\"",, So "" ,'~~q., 10\."-"",-0-- 5:", ,~
Name(s) of Signer(s)
o personally known to me
LAUREN p aSULLNAN ~roved to me on the basis of satisfactory
. Commission tJ. 1 :>69227 z evidence '
:;(, Notary Public - Califg:mLa ~ ~
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the same in ~r/~ authori~
_, capacity~, and that by ~/t~
, - signature(S> on the instrument the persor@j, or
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- '--P WITNESS my hand and official seal
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Place Notary Seal Above Signature of Notary Public
I OPTIONAL
I' Though the information below is not required by law, it may prove valuable to persons relying on the document
I and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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15367
EXHIBIT A
RESOLUTION NO P-05-01
A RESOLUTION OF THE CIT'(COUNCIL
OF Tf'lECITY OF POWAY, CALIFORNIA
APPROVING,MINOR CONDITIONAL, USE PERMIT 04-05,
A REQUEST TO INSTALL TENNIS COU.RT LIGHTS ON LOT 37,
A RESIDENl:Al LOT LOCATED AT18740 HERITAGE DRIVE,
....... -,'-".
WITHIN THE HERITAGE II DEVELOPMENT,
IN THE RURAL RESIDEN1:lALA ZONE
ASSESSOR'S PARCEL NUMBER 277-220-37
WHEREAS, Minor Conditional Use Permit (MCUP) 04-05 was submitted by Mr and
III1rsoJohn\Smith, ARPlicantsj ,to, perrnit,the instC}lIatioh of'courUights at an approved tennis
court ahd ,residence und~rc6nstructjon at 18740 Heritage Drive, within the Heritage II
development and zoned RUral Residential A (RR-A);and
WHEREAS, on January 11, 2005, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and cOrl, relative to this application,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the CityofPoway, as
follows:
Section 1 The City Council finds that MCUP 04-05 is exempt from the provisions of the
California Environmental Quality Act (CEQA); as a Class 3 Categorical Exemption,
pursuant to Section 15303 of'theCEQA Guidelines, in that it ihvolves 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 04-05, to permit the installation of "court lights at a tennis court
approved through Minor DevelopmE;1nt Review Application (MDRA) 04-28, on:a 5 57-acre
residential lot at 18740 Heritage Drive, within the RR-A zone,are made as follows:
'Pi. The desigh ofthe propose<:J tenniscourtlightirig"will meetthe required lighting type,
height limit, and 'operating hours, and will otherwise comply with all of the relevant
Codes and'standards of the CityotPoway the proposed'useis considered to be
an allowable accessory use in the,zone; )Niththe approval of a Minor Conditional
Use Permit. Therefore, thepropqsed location, size, design, and operating
characteristics of the proposed use are"in accordance with the title and purpose of
Section 17 48 070, thepurpose,of the zonein which the site is located, the General
Plan, and the development policies and standards of the City
8 The location and design of the proposed tel}nis court lighting will not create a
negative, visual impacton surrounding properti,es as the tennis court is situated at
the end ota cul-ae-sac, Lights will not be visiblefrorh Lots 25, 27, and 28 since the
tennis colirt'is located in the rear yard behind the 24"foot-high residence, which will
screen the lights from Heritage Drive, The court lights'will notbe visible from Lots
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15368
Resolution No P-05-01
Page 2
38.and39 as large designatedopen space separates,the parcels from the subject
parcel and densevegetation; required by the,CqnditionsQfApproval, willscreeh the
court lights, Therefqre;lthelocation, size, design, and operating characteristics ofthe
proposed use, will be 'compatible with and willllot adversely affect or be materially
detrimental to, adjacelltuses, residents, buildi'1gs, structures, or natural resources
C The light standards for the tennis, court are limited to amaximuni of 8 lights and a
maximum height of 18 feet. Therefore, the harmoQY in scale, bulk, coverage, and
density of the project is consistent withadjacenCuses,
D, Thweare publit'facjlities, services"rand utilities'available,
E, The proposed lighting will 'be directed within the project boundaries and will be
softened by landscaping to mitigate its visibility from the surrounding properties,
The lighting will further be shielded by screehing on the tennis court fencing,
Therefore, there will be ho harmful effects, upon desirable neighborhood
characteristics,
F The projectis located on a,5 67 -acre parcel,240 feet from Heritage Drive, allowing
for adequatelandscaping'to screen any potentialviews to the tennis cour:tlights,
The tennis court is situated within the rear yard atthE! base of a slope, and additional
landscaping on theslor;>e will further restrict view ofthe courtfrom properties to the
east. Therefore, the site is suitable for the type and'intensity of use or development
that is proposed
G The project is limited in scope, therefore, there will be no significant harmful effects
upon environmental quality and' natural resources,
H, The proposed use i~an allowable,accessory use inthe RR-A zone, Therefore, the
impacts, a~ descripedabove, the proposed location, .size, design, and operating
characteristics oNhe proposed ,use, and the conditions under'which it woulq be
operated or maintained, will: 'not be detrimental to the. public health; safetY,or
welfare, or materially injuriouslo properti~s:orimprovernents"in the vicinity, nor be
contrary to the adopted G~neral Plan,
I That the proposed conditional uses will comply with each of the applicable
provisiOris of Section 17 48,070 of the Poway Municipal Code,
Section 3 The City Council hereby approves MCUP04-05, for the installation of a
maximum of 8 court lights on Lot 37, a resJdenEaJ lot located at 18740 Heritage Drive,
within the RRc,ll. zone, as shown on the plans date'd March 12, 2004, subject to the
following conditions:
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15369
Resolution No P-05-01
Page 3
A. Approval of this M8tJPsDall apply only to the subject project and shall not waive
compliance withall'S'ecti,onsofthe Zoning Ordinance and all other applicable City
Ordinances in ,effect aUhe time of Building Permit issuance,
B Within 30 days of the'date of this approval:
1 The applicant shall sul;Jmit 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 MCUP 04-05 shall remain in effectforthe life of the subject tennis
, . >, - - ..'
court and tennis court lighting, and shall .run with. the land and be binding upon
future owners; successors, heirs, and transferees ofthe current property owner,
E. Prior to issuance Of'3 BuildingPermit, the applicanfshall 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 latestadopted 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 bed~veloped in accordancewith the approved site plan on file
in the Development Services Departmeht and the conditions contained
herein,iGrading',.of.theolot'shall be in ,accordance with the Uniform B!Jilding
Code, the Gity Grading Ordinance;;tl:1e approved,grading plan, the approvea
soils report, and grad i rig practices acceptable to the City' All components of
the tennis court/lighting installations (including footings) are entirely outside
the easement on-site,
4 Pursuant to Section 17 ,30,020 C of the Poway Municipal Code, the applicant
shall submit lighting plans that refle~t that the lighting will be shielde_afrorn
the adjacent properties, to the satiSfacti,on of the Director of Development
SerVices,
5, Pursuantto Section 17,30 020,E of the, Po way Municipal Code, the building
plans shall depict, to the satisfaction of the Director of Development Services,
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15370
Resolution No P-05-01
, Page 4
that the support posts, light poles, arid fiictures will be painted a dark non-
reflective col6rso,as to reduce their overall visibiiity
6 Pursuant to Section 17,30,020,F of the PowayMunicipal Code, the building
plans shall depict,!to,thesatisfactionof thepirector of Development Services,
that dense evergreen:screening landscaping will be installed on the west arid
north sides ofthec,ourt and along the east and southern slopes so as to
soften the appearance of the light poles,
7, The buildihg plans shall depict, to the satisfaction of the Director of
bevelopmeritiServices"thatlighting'is on:atimeroflimited duration designed
to prevent the lights from accidentally being left on and automatically shut off
at 10'OOp,m,
8 Light standaras, ngight shall not exceed 18 feet. Lighting fixtures shall be a
maximum of 1,000~\iVatt, high-pressure sodium as required by Section
17,30020 of the Poway'Municipal Code and shall be maintained for the life
of the project. Metal'halide lighting is.prohibited,
F Pfiortocibtaining a final inspection on the Building Permit; the applicantshall comply
with the following:
1 The tennis,courtJights'shall be developed in'accordance with the approved
plan on file in the Development Services Department and the conditions
contained herein, A final inspection fromthe,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 designE:)o, cpnstructed, mounted, and
maintained such thatthe light source is cl)toff\iVhen viewed from any point
above fiVe'feetmeasured.aHen feet from the edge ofthecourt, The lighting
contractor shall certifythatall'light fixtures have been designed, constructed,
mounted light shields installed, and' maintained such that the maximum
illumination intensitymea,sured qt-Jhe property line shall not exceed one-half
foot"candle above ambient lightlevels,
G Upon installation of the tennis court lights, pursuant to MCUP 04-05, the following
shall apply:
1 Pursuantto Poway Municipal Code (PM C) Section 17 30,020 C,3, the tennis
court lighting shall be used only between 7'OOa,m, and 10:00 p,m" and an
automatic timer shall be programmed to automatically shut the lights
off at 10:00 p,m,
, . . .
15371
Resolution No, P-05-
Page 5
2, The required landscaping has been installed along the tennis court fence
where visible from adjacent and surrounding properties, and said
landscapingshalLbe 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 lights shall not exceed 18 feet from gradel. The applicant
shall comply with the required maximum 1,000-watt, high-pressure sodium
lighti'1g fixtUFEl.!' pursuant to PMC Section 17,20020 G, and shall be
rnaintainedtb the satisfaction of theDirector of Development Services,
Section 4 The approval of MCUP 04-05 expires on January 11, 2006, at 5:00 p,m,
unless, prior to that time, a Building Permit has ,been issueg, and construction on the
property in reliance on the MCUf"$pproval has commenced prior to its expiration,
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 11 th day of January 2005
ATTEST
X~J~
L Diane Shea, City Clerk
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. . . . 15372
Resolution No, P-05-01
Page 6
STATE OF CALIFORNIA )
)SS
COUNTY OF SANDIEGO )
I, L Diane Shea, City Clerk of the City of PO)lllaY, qohere,by certify, underthepenalty
ofperjury:Ahat theJoreg6ing Resolution No P-05c01, yJ8sduly adopted by the City Council
at a meeting of said City Council held on the 11 th day QfJanuary 2005, and that it was so
adopted by the following vote:
AY;ES EMERY, HI(3GINSON, CAFAGNA
NOES: NONE
ABSENT BOYACK, REXFORD
DISQUALIFIED' NONE
~cyUh ~
Liane Shea, City Clerk
City of Poway