Covenant Regarding Real Property 2005-0034795
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) JAN 13, 2005 2.38 PM
/,CITYCLERK )
CITY OF POWAY ) C1FFI[I,c.:.,L RECI=IF:[I':,
P;O:BOX 789 ) :,,~I'J [IJEC10 COUNT'I RECClF,[IER'~, nFFWE
POWAYCA 92074-0789 ) :;F:U;OF:'I ,I ~:r,,'1ITH UJllr'JT'1 REr:OR[IER
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APN: 277-220-14 125 '14 2005-0034795
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COVENANT REGARDING REAL PROPERTY'
Phillip J Nevin and Kristin Nevin, Trustees of tbe Nevin FClmily. Trust Established April
11, 2001, PROPERTY OWNERS ("OWNERS" hereinafter) are the owners of real property
described as:
,~-
PARCEL 14 OF CITY OF POWAY TRACT NO 98'02 HERITAGE RANCH
ESTATES, IN THE CITY' OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORqlNGTO . MAP THEREOF NO 14388, FILED IN tHE
OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8,2002,
and more commonly known 'CIs Assessor's Parcel Number 277-220-14 ("PROPERTY"
hereinafter). In consideration orthe approval of lIt!inor Conditional Use Permit (ryl.CUP) 04=14,
by the City'of Poway ("CITY" l1.e~~inafter), OWNER hereby agrees to abide by the conditions in
the attached Resolution (Exhibit A).
This Covenant shall run\\iith' the land and be binding upon and inure to the benefit of tt:ie
future owners, encumbrancers, successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that MCUP 04-14 expires or is rescinded by ,City Council at .the .request of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, tt:ie prevailing party
shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the
Q!her pClrty:
OWNER ,;J~
Dated: t ;vI ICRj D <-{
,
Dated: il-[ /10 loq By'
KristinNevin (notarize)
CITY OF POWAY
Dated: /1. ~.tJ~ By' ~J
Niall Fritz,~DiI'e'ctor of t Services
M:\planning\04report\mc~p\04-14,Nevin court lights\CQVENANT.DOC
05'OPS-
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. . 125 '75
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~ALli;oRNIA,ALi...PlJRPOSEACK"'OWa:EDGIVIENT
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( 'State of Califomia } ss
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County. of .0?""'" V\ . ~ I
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( On ltft'AlVl \?G1Z-\(P~ before me, 0,
D", '~V. J . N'~""d""'OfOffii"~~D""N ublic")
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I personally appeared fA. \~ 'w \1\'1\. ~ ~ ~(\
\ ,. Name(s) Signerfs)
o persomllly known to me
~oved to .me .on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
1 ~. -"-C'si:,~W;l; . ! subscribed.to, the within instrument and
acknowleaged to,me'that~/1he/they executed
:::' ,... COMM:#1413608-l the'sar11e' in, hf.;/hi\r/their authorized
~ '.': NOTARVPUBUC.CAlWORN1Ae capacity(ies)" and that by I{s/tJ(lr/their
j'~ ,SAN DIEGO COUNTY - signature(sj',on the instrument the person(s), or
.~,; _I:. ~'-~'~~~~~~~f the entity upon behalf of which the person(s)
acted,executed.the instrument.
I
~YC~Offi8iaIS~
Signature of Notary Public
OPTIONAL
Though the information below is not required'by law, it may prove valuable to p'ersonsrelyin"g on the document and could prevent
frauduientremov;jl 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: I
I
Ciipacity(iesl, tialineiLby Signer
Signer's Name: 'I
.
o Individual Topollhumbltere
[c]Corporale Officer - Title(s):
o Partner ~ 0 Limited 0 General
o Attorney.'in.Fact I
D. Trustee
o Guardian'or.Conservator
o Other'
Signer Is Representing:
e 1999 National Nolary Association. 9350 De Solo Ave., P.o. Box 2402. Chatsworth, CA 91313-2402. www.nalionalnotary.Or!l, Plo:L No. S907 Reordar:CaIlTolI-Fraa 1-800-876-6827
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EXHIBIT A 12576
RESOLUTION NO P"04-92
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A RESOLUTION OF THE CITY COUNCIL
OF THE~ITY OF POWAY, CALIFORNIA
APPROVINGiMINORCONDITIONAL USE PERMIT 04-14,
A REQUEST TO INSTALL SPORT C0URTLlGHTS ON LOT 14,
A RESIDENTAL LOt LOCATED AT18795 HERITAGE DRIVE,
WITHIN THE HERITAGE "DEVELOPMENT,
IN THE RURAL RESIDEN11AL A ZONE
ASSESSOR'S PARCEL NUMBER 277-220-14
WHEREAS, Minor ConditionalUse Permit (MCUP) 04-14 was submitted by Mr and
Mrs. Phillip Nevin, Applicants;,to permit the installation of'courtlights at an approved sport
court and residence under construction at 18795 Heritage Drive, within the Heritage II
development and zoned Rural Residential A (RR-A); and
WHEREAS,. on November 30, 2004, 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 byttie City'Council of the City of Poway, as
follows:
Section 1 The City Council finds that MCUP 04-14 is exempt from the provisions of the
California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant
to,Section 15303 oftheCEQA Guidelines, in that it involves the construction of an accessory
structure for an existing single-family residence
Section 2: The findings, in accordance with Section 17 48 070 of the Poway Municipal
Code, to approve MCUP 04"14, to permit the installation of court lights at a sport court
approved through Minor DevelopmentReview Application (MORA) 04-99, on a 5.36'acre
residential lot at 18795 HeritageDrive, within the RR.kzonei are made as follows:
A. The design of the proposed.isport court lighting will meet the required lighting type,
height limIt, ar:1d operating'. hours"and wilLothenNise comply with all oUhe relE:want
Godes!and::standards:oHhe Gity,ofPoway The proposed use is considered to bean
allowaole accessory use in the. zone, witMhe approval of a MinorConditionai Use
Permit. Therefore, the proposeq location, size,. design, and operating characteristics
of the proposed use are in accordance with the title and purpose of Section
174807.0, the purpose of the zone in which the;site is located, the General Plan, and
the development policies and standards of the City
B The location and design ofthe proposed sport court lighting will not create a negative
visual impact on surrounding properties as the sport court is situated at the end of a
cul-de-sac. ,j;dgh,tswill not be visible from Lots 15, 16, and 17 as the residence and an
existing manufactured slope will screen it from view The court lights will not be
visible from Lot 13tothe south because dense vegetation, required by the Conditions
of Approval, will screen the court lights. Therefore, the location, size, design, and
. . 12577
Resolution No P-04-92
Page 2
operating characteristics of the, proposed us"e will be compatible with and will not
adversely affect or be mat~rially detrimental to adjacent uses, residents, buildings,
structures, or natural resources.
C The light standards for the, sport court are limited to a maximum of six lights and a
maximum height of eighteen 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 utiliiies available
E. The proposed lighting will be directed within the project boundaries and it will be
softened by landscaping to mitigate its visibility from the surrounding properties. The
lighting will further be'.sliieldedby screening (In 'the .sport court fencing. Therefore,
there will be no harmful effects upon desirable heighborhood characteristics.
F The project is locafedoii a 5 36"acre parcel allowing adequate setback to the sport
court lighting. The spol1 court is situated within the rear side yard at the base of a
slope, and the residence will further restrict vieIN'of the court. Therefore, the site is
suitable for the type and intensity of use or'development that is proposed
G The project is lirriiteg i.n~Gope, therefore, there will be no significant harmful effects
upon environmental quality and natural resources.
H. The proposed use is anjallowable accessory use in 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 maintainediwill 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 uses will cOITiPly with each of the applicable provisions
of Section 1TA8:Q70 ofthe poway Municipal Code.
Section' 3: . The Ciiy CounCil :herebyapproves.MQUP 04-14, for the installation of a
maxiriium of six sportcourtlights onLot,14,..a residentiaUot located at 18795 Heritage Drive,
within,the RR-A zone, as shown on the plans'dated.Al!Jgust 11,2004, subject to the following
conditions:
A. ApprovClJ of this MCUP shall apply only to the ,subject project and shall not waive
compliance wiihall Sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
B Within 30 days of ihe date of this approval:
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Resolution No. P-04-92
Page 3
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 ofMCUP 04~14 shall remain in effect for the life of the subject sport
court and ~port 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 applicant shall comply with the following:
1 The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
2. The applicant shalt comply with the latest adopted Uniform .Building Code,
t'!ational Electr.ic CCl.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 with the ,approved site plan on file
in the Development Services Departmentand the conditions contained herein.
Grading ofthe lotshall be in accordance witD the Uniform Building Code, the
City Grading Ordinance, the approved gradingj:>lan, the approved soils report,
and grading practices acceptable to the City All components of the sport
court/lighting installations (including footings)'are entirely outside the easement
on-site
4 Pursuant to Section 17.30:020 C of the PowayMunicipal Code, the applicant
,shall !5ugrnitlighting,.pl.ansthatlr€)flectthatthe lighting will be,shieldeMrom the
,adJacent properties; to the satisfaction of the Director of DeveJoprnent
Services.
5. Pursuant to Section 17 30 020.E of t~El Poway Municipal Code, the building
plans shall depict, to the satisfaction ofthe Director of Development Services,
that the support posts, light poles,and fixtures will be painted a dark non-
reflective color so as to reduce their overall visibility
6 Pursuant to Section 17.30 020.F of the POVliayMunicipalCode, the building
plans shall depict, to the satisfactionoHhe Director of Development Services,
that dense evergreen screening landscaping will be installed so as to soften
the appearance of the light poles.
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Resolution No P-04-92
Page 4
7 The building plans shall depict, to the satisfaction of the Director of
Development'Se.rv.ices, that lighting is on a timer of limited duration designed
to prevent the lights from accidentally'being left on and automatically shut off
at 10:00 p.m.
8. Light standards height shall not exceed 1.8 feet. Lighting fixtures~hall be a
maximum of 1,Opp"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 sportc6urt Iighfs 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 app'ropriate City Departments will be
required.
2. The applicant shall provide a certificatio[1 by a lighting contractor that all
lights a'nd ,light .fixtures have been designed, constructed, mounted, and
maintaineasot.h that the light source is cut off"when viewed from any point
above five feet m(;)asured at ten feet from the edge of the court. The lighting
contractorshall.certify that all light fixtures have been designed, constructed,
mounted light .shields installed, and maintained such that the. maximum
illumination intensity measured at the property line shall not exceed one-half
foot-candle above ambient light levels.
G. Upon installation of the sport court lights, pursuant to MCUP04-14, the following shall
apply'
1 Pursuant to PowaylY1unicipal Code (PMC) Section 17.30.020 C 3, the sport
court lighting .shall be used only between 7'90 <!-Ill. and 10:00 p.m.,. and an
ai,JJomatic timer shall be programmed to automaticallY shut the lights
off 8110'00 p:m,
2. The required landscaping has been ihstall~a along the sport court fence
where visiblefrom adjacent and surrounding properties, and said landscaping
shall 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 lights shall not exceed 18 fe~t from grade. The applicant shall
comply with the required maximum 1 ,000"watt, high-pressure'sodium lighting
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Resolution No P-04- 92
Page 5
fixtures pursuantlo I?MC Section 17.20 020.G, and shall be maintained to the
satisfaction of the Director of Development Services.
Section 4 The approval of MCUP 04-14 expires on November 30, 2006, at 5:00 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 commenced prior to its expiration.
PASSED, ADOPTED,and APPROVED by the City Council of the City of Poway,.State
of California, this 30th day'of'Nbvember 2004
ATTEST
~
unch, Interim City Clerk
STATE OF CALIFORNIA )
leSS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim..city Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No P-04- 92 , was duly adopted by
the City Council at a meeting of said City Council held on the 30th day of November 2004,
and that it was so adopted by the.following vote
AYES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN: NONE
ABSENT NONE
e Bunch, Interim City Clerk
. tP6way