Covenant Regarding Real Property 2004-1067871
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DOC # ;::-004-10e787\
RECORDING REQUEST BY: l I illlllll 1I111111 1111111111 IIII! Illilllllllllll 11111111111111111111111
CITYOFPOWAY l NOV10.2004 1Q'15AM
WHEN RECORDED MAIL TO: ) CiFe IU.".L 1':FUIRr,'
) ~~.:'~ [:IE;~~51 r'i,:IUH T'i ~:~ c: IF:,C;E_,F ,~ ~=j~f~I~:~
CITY CLERK) L~E~';;IjR, .1,r.rITH, :,:~,u,n , REc'.IfH>-,
CITY OF POWAY) FO,lot,
Ifh ~g:~X i:~207 4-0789 l 1 111111 1I1!1 Illil 111111111111111 1I11111!li 11111 11111 11111 lIiii III!i 11111 II!III!!
, v, ) 2004-1067871
~~ No Transfer Tax Due ) (This space for Recorder's,Use)
t~ APN: 277-220-38
@!'\ COVENANT REGARDING REAL PROPERTY
Stephen C Trachsel, PROPERTY OWNER ("OWNER" hereinafter) is the owner oheal
property described in Exhibit A which is attached hereto and made a part hereof and
which is commonly known as .Assessor's Parcel Nu-mber 277-220-38 ("PROPERTY"
hereinafter). In consideration of the approval of MCUP 03-10, by the City of Poway
("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached
resolution (Exhibit B),
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbraricers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that MCUP 03-10 expires or is rescinded by City Council at the
request of the OWNER, 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 reimbursement of all costs, including reasonable attorneys'
fees, from the other party
OWNERS j U
" Dated: -.iJ 2q /04 By'. l- e. . /hr>-7/
Stephen C Trachsel, Owner (Notarize)
Dated: 3/0 c..r By'
Niall Fritz, Directcir'of D
04 -18 r
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C~~IFO~NIA ALL.PURPOS'ACKNOWLEDG....Ia.NT . 7185
No. 5907
State of C(;( \', ~V (\'l u\
County of \ oS (\-Y\~e \z,S
On. Mosc--V\ 2 q Ilc:oL\- before me, Rb\',<:..
,
DATE
personally appeared ? e PA-EJV\ c.. '\ -aA..c...\;\"---iZ... \ ,
NAME(S) OF SIGNER(S)
[1'(personally known to me - OR - 0 proved to rne on .the basis of satisfactory evidence
to be the person!Jl1 whose name(}l1 is/91'e
subscribed to the within instrument and ac-
knowledged to me that he/s)(e/ti)6y executed
the same in his/h~/t~ir authorized
capacity~ and that by his/h.e1ltlA'6lr
j signature' on the instrument the person~,
or the entity upon behalf of which the
persony0 acted, executed the instrument.
MICHELLE A, BO.N!;IL_S
~ Commission 1/-1305532 %
-'. NotaryPubiic' California ~
z- .... -.....
- l i: ;0:., Los Angeles County,
..,.-,.... MyConrn. ExpiiesMliy24, 2005
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,
OPTIONAL
Though the data below is not required by law; it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
~ CAPACITY CLAIMED BY SIGNER DESCRIP1:lPN OF ATTACHED DOCUMENT
INDIVIDUAL
o CORPORATE OFFICER CQ\lewAV\~ Q.e~d\(\~ <i<pV\\ ?/l)~~
TITLE OR PE OF D UMENT
T1TLE(S} -. - .
o PARTNER(S) o LIMITED l
o GENERAL
o ATTORNEY,IN.FACT NUMBER OF PAGES
o TRUSTEE{S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
f>!AME or PERSQN(S) OR ENTITY(IES}
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236'Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
. . 7186
EXHIBIT A
LEGAL DESCRIPTION
LOT 38 OF CITY OF .POWAYTRACT 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
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8,
2002,
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EXHIBIT .B 7187
RESOLUTI0N,N0. P-04-19
A RESOLUTlON0F THE'GIJYG;OU,NCIL
OF THE G;ITY OF POWAY,CALlFORNIA
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APPROVINGfVil}'JQR'90NDITIQNAL USE PERMIT 03-10,
A REQlJESTTO,INSTALL TENNIS COURT LIGHTS
ON,LOT"38,ARESIDENTAL L0T LOCATED AT
18750 HERITAGE DRIVE IN THE HERITAGE II DEVELOPMENT
IN'THE RURAL RESIDENllAL AlONE
ASSESSOR'S PARCEL NUMBER277-220-38
WHEREk:S, Mii;}orConditioricil Use Permit(MCUP) 03-10, was submitted!by Steven C
TrClchsel, Applicant, to permit the installation oftennis',court lights,on..Lot 38, a"residentiallot
located at 18750 Heritage':Drive in theHeritage II development in the Rural Residential A (RR-
A)zone; and
WHEREAS, 911 March 16,,2004,Jhe City Council:helda duly advertised public hearing
to soliCit comments from the public" both pro and con, relative'to this application.
NOW, THEREFORE, BElT RESOL VEDby tDe GityCoLincil of the City of Poway, as
follows:
Section 1 The City ,Council' finds that MGUP 03-10 is' exempt from the p~ovisionsofthe
California EnVironmental 0ualfty,Act (CEQA), as a Glass'3 Categorical Exemption, pur~uai1t
to Section 153030f the€EQA Guidelines, inthaUtinvolves the construction of an accessory
structure for an existing single-family residence
Section,2, The findings,lh accordance with Section 1,7;,48070 of the Poway Municipal
Code, to approve MCUP 03-1'0, to permit the installation'of'tennis court lights on Lot 38, a
residentiallot on Heritage Drive located in the Heritage II development in the RR-A zone, are
made as follows,
A. The design of the PCop()sE:ld,'tennis courtlightih9 will meet the required lighting type,
heiglit limit, and operating hours; and will otherwise comply with all of the relevant
codes,and standards ofthe:Coity of Pow;:JY, The prop'o~~a '9s.e,i~ c,olJ~id_ere2tobelan
Cl"Q,wable acce.ssor'y uS,e in th~ ,zone, with,the approvalofa Minor Conditional. Use
Permit Therefore'; the proposed location,size, design, and operating'characteristics
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ofthelproposed'use are in accordancewiththetitleiand purpose of Section 17 48,070,
the purpose of the zone in! which the site is Iqcated, the. eity General Plan, arid the
development policies,;;md standards of the City
B The location anddesjghofthe proposed tennis courtlightingwill not create a negative
visual impact' on surrmmding properties as it will be set back from the property
boundaries, will utilizelow impactlighting fixtures, and the light:poleswill.be softened
by landscaping. T:herefore, the:location, size, design, and operating characte?istics of
the proposedusewill be compatible with and will not Cldversely affect or ~,e materially
detrimental to adjacentuses:residents, buildLrigs, structures, or natural resources.
. . 7188
Resolution No. P-04-19
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C TheJight standards are limited:in number and;size, and the project is located on a large
site, surrounded by other large sites. liherefore, the harmony in scale"bulk, coverage,
and density of the project is consistent with adjacehtuses.
D There are pUblidadlities, services, and utilities 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 bf? shielded'by screening, on'thetennis court fencing, Therefore,
there will be no harmful effe~ts upon desirable neighborhood characteristics.
F The project is located on..a large parcel, whichiallows adequate setback to the tennis
court Iighting>~approximately40' feet from the nearest.inte.-ior.,property lineanchoyer 200
feet from:Heritage Drive, Therefore, the siteissLiital:ile for the ty-peahd' intehsityof.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 is, CiIJ/allowable accessory use iiI], the RR~A zone. Therefore, the
impacfs, as des~ribed aboy@; the proposed location, size, design, and operating
characteristics of the proposed use, and the conditions' under which it would be ,
operated or maintained, willnotbe detrimentalto the public health, safety, or welfare,
or materially injurious to properties or improvements in the vicinity, nor be'contraiy to
the adopted General Plan; and
I That th,e proposed conditional uses will comply with each;of the applicable provisions of
Section 17 48 070 ofthe poway MunicipaiCode,
Section 3. The City Council hereby approves MCUP 03-10 for the installation of tennis
court lights on Lot38, a residentialloflocated on Heritagejl3tive in the Heritage II development
ihthe RR-A zone, as shown ohthe. plans dated July 17,2003, subject to the following
,conditions,
A" Approval of this MCU Pshall,apply 9,[1ly to the subject pr6j~ct and shall. not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
ordinances in effect at the time of BuildingPermit.issuance.
B. Within 30 days of the date of this:approval: (1) th,e applicant shall submitin writing that
all conditions of approval have been read and understood, and, (2)the property owners
shall execute a Covenant Regarding Real Property
C The use conditionallygranted,by this approval shall not be conducted hsuch a manner
as to interfere with the reasonable use and enjoyment of surrounding residential uses,
. . 7189
.Resolution No. P-04-19
Page 3
D The'conditions 'of.MCUP, 03-10 shalLrE!mCjin in effectJorthe life of the subject tennis
court arid tennis courtdighting;,andshallruriwiththe land and be binding upon future
owners, successors, heirs,a~nd'transfe'rees"of the current property owner
E, Pfior to issuance:of a,Building Permit, the appiicant shall comply with the following:
1 The applicant shall pay all applicable engineering, plan checking, perrnit, and
inspection fees.
2, The applicant shall comply with the, latest' adopted Uniform Building Code,
National Eiectric Code, and, all other applicable codes and ordinances in effect
at the time of Electrical/Building Permit issuance
3. The ~itEl:shaJI be'deyelopedin 9t:cordance with ,the apRrovedsite plan on file in
the Qevelopmert Services Departrrientcio4th,e Gonditlons contained herein,
Grading' of the dot shall be in accordance'with the Uniform Building Code, the
City G'rading'Ordinance, the approved grading plan, the approved soils report,
and grading p'ractice~' acceptable to the City .All components of the tennis
courtllightinginstalliltions (i.e., inthicj.irig fOotings) are entirely outside the
easement onsite,
4 Pursllantto 'section 17.30'.020 Q of the Poway Municipal Code, the applicant
shall submitlighting, plans that reflect thaUhelighting will be shielded from the
adjacent'propertiesto,thesatisfaction of thE!' Director ofDeveloprnent Services.
5 Pursuant to section 17 30,020,E of th'e Poway Municipal Code, the building
plans!'shall depict,.to the satisfaction ofthe, Girector of Development:Services,
that the suppoi1 posts, light poles, and fixtures will be painted a dark non-
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reflective color so as to reduce their overall visibility
6 Pursuant to Section 1,7 30020,F of the poway Municipal Code, the building
plans shall depict,:to the satisfaction of the Director of Developrnent Services,
that, dense' SCfcsE?nioglandscaping will' be installed so as to soften the.
appearance,oft,he Iignt pples,
7 The buiidingplansshall depict, to the satisfaction of the Director of
Development,Services"thatlightingis on'a'timer of limited duration, designed to
prevent the Iights'ffomaccidentally beingdeft on,
8. Light'pole fixture height shall not exceed 18 feet. Lighting fixtures shall be a
maximum of 1 ,000"watt,. high-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 6btainirlg a final inspection on theSuilding Permits, the applicant shall comply
with the following:
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Resolution No. P-04-19
Page 4
,1 The tennis court light$shall t>cedevE3l6'p~~JIJ:accordance with theappmyedplan
on file in the Development Services DElparthient and the conditions contained
herein. A final .inspection from the appropriate City Departments will be
req u ired
2. The applicant shall provide a certification by alighting contractor that all
lights' and light fixtures have been designed, constructed, mounted, and
maintained ,such that the light source'iscut offwhen viewed from any point
al?ove five feE:)t mei3~,~rEld at te,nfEl.et frornthe edge of the court. The lighting
contractoh;hall certif}dhatalllight fixtLires have been des!gned,constructed,
mounted light shields.installed, and maintained such that the maximum
illumination intensity measured aUheproperty line shall not exceed one-half-
foot candiE) abo'I,e ambientlight levels.
3 'Should the lighting contractor not 'be able to certify the installation pursuant
toConditior:\ F20f',this rE3solutibn, plan.s ~l1all be ,submitted to the Planning
Division dernbnstra~irig modifications'of.thMixtures and/or landscape screening,
and/or tennis court' fence screening; necessary to be able to meet said
requirements. Upon approval (if arw)'and on installation of said measures, the
applicant shall call for a follow-up final 'inspection,
4 Shouldthe lighting contractornotbe able to certify the installation pursuant to
ConditionsF2 andF,3;abovei the approvalgranted herein shalF be revoked and
the lighting'fixtures and light poles shall be removed
G Upon installation onhe tennis court and tennis court lights; pursuant to MCUP 03c1 0,
the following shall apply'
1 Pursuant to Sec;tion 17,30020 C 3, the'teiiriis court lighting shall be used only
between 7'00 a.m. and 10'00 p,m,
2, The required landscaping has been installed between the tennis court fence
and the property line, Hnd said landscaping shall be maintained in a floLJrishlng
mahne,r;;tb;th~'satisfadi91] onhe, DireCt6'f'of'Developmerit S~rvices.
3. Thelightstandards',are limited in' number; size, height, and light shields, which
shall meetthe requirements for sl;1)elcjingtl1e Iightfixtures. The maximum height
of lights shall not exceed 18 fe~t fro,rn'grade The applicantshall comply With
the ,required maximum 1 !OOO,watt,high-ptessure sodium lighting fixtures
pursuant to Section 1.7.20 020 G'"andshall be maintained to the:satisfaction of
the Director of Development Services
Section 4 The,approval ofMCUP 03-10 expire on March 16,2006, at 5:00 p.m. unless,
p~ior t9 that time, a Building Permit' has been issued, and constru~tion on the property in
reliance on. the MCUP approval has co[m'nenced' prior to its expiration.
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ResolLition No, P-04-19
Page 5
PASSED, ADOPTED and APP8,(i)YEDbytl]eCityColmcil ofthe City of Poway, State
of California, this 16th day of March -2004
ATTEST
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$herrie D,Woffell, Deputy City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sherrie D Worrell"Deputy City Clerk of the City of Po way, do hereby certify: under
the pel1a1tyof.perjury, thattheforegoing ResolutionNo, P-04-'-l9 , was duly adopted by
the City Council at a meetibg of said City Council l;1eld on,the 16th day of March 2004, and
,that it was so adopted by the following vote
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN: NONE
" ABSENT NONE
~~:~j~ltYClerk
City of Poway