Covenant Regarding Real Property 2004-0753691
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CITY OF POWAY )
WI-fEN RECORDED MAIL TO' ) AUG 09, 2004 415 PM
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_ OFrIClo.L RECORe,'"
~ CITY CLERK ) L:~JJ [i1ECiO [OUI'lrl FiECOP,[IER"... OFF II-I
. CITY OF POWAY ) l,FiEC1,OF:'1 ,I '~MITH CDUtH', REr"(IF:['E-R
FEE~, 25,111]
PO BOX 789 ) F',::"CiE~, 7
1~ POWAY CA 92074-0789 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
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\ ~ Transfer Tax Due )
APN: 277-220-26
COVENANT REGARDING REAL PROPERTY
LaDainian Tomlinson, PROPERTY OWNER ("OWNER" hereinafter) is the owner
of real property described as:
LOT 26 OF CITY OF POWAY 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 OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8, 2002,
and rnore commonly known as Assessor's Parcel Number 277-220-26 ("PROPERTY"
hereinafter). In consideration of the approval of Minor Conditional Use Permit (MCUP)
04-02, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by
conditions of the attached resolution (Exhibit A).
....'- This Covenant shall run with the land and be binding upon and inure to the
benefit of the futu re owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that MCUP 04-02 expires or is rescinded by City Council at the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 shalli:Je entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party
OWN
Dated 7/2,r/o 1 By' \
LaDainian Tornlinson, Owner (Notarize)
, CITY OF POWA Y
Dated: t,...,,/- &J~ By'
Niall Fritz, Director of De
M:lplanningI04reportlmcupI04-02ICOVENANT"DOC
3C)/O'\!)c> ~4-1f7
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California } ss
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On r-;).')h)\- ' before me, Y-eta)(O.Y\ L.~
Date Name and 1iUe of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Lc. \) cA ; niClV\ I' (!WI \ In <\(IV\
Name(s) ofSigner(s) .
o personally known to me
~ proved to me on the basis of satisfactory
vidence
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
cc~=============== capacity(ies), and that by his/her/their
I Q DEBORAH L. HOWE I
COMM. # 1300963 . signature(s) on the instrument the person(s), or
~ ' '.: NOTARY PUBlIC-CAUFORNIA E the entity upon behalf of which the person(s)
I . ". SAN OIEGO COUNlY i acted, executed the instrument.
. My Comm. Exp. May 11, 2005
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WITNESS my hand and official seal.
Place Notary Seal Above ~)f\LI.~~llx\'
OPTIONAL
Though the information below is not required 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.
Description of Attached Document
, Title or Type of Document:
,
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
,
, Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Top of thumb here
, o Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
,
o Other'
Signer Is Representing:
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Cl 1999 National Notary Association' 9350 Da Soto Ave.. P.O. Box 2402" Chalsworth, CA 91313 2402 'www,nalionalnolary,arg Prod. No. 5907 Reordar:CaIlTolI-Frep.1-f100.fl76-fl827
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22702
EXHIBIT A
RESOLUTION NO Pc04-33
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ARESOLUTION OFTHE CITY GOUNCIL
OF THE CITY OF POWAY', CALIFORNIA
APPR0VING MINOR CONDITIONAL USE PERMIT 04-02,
A REQUEST TO iNSTALL BASKE':liBALL COURT LIGHTS
ON:LoT26~ARESIDENTAL LOT LOCATED AT
18755 HERITAGE DRIVE IN THE HERITAGE II DEVELOPMENT
IN THE RURAL RESIDENTIAL A ZONE
ASSESSOR'S PARCEL NUMBER277-220-26
WHEREAs, Minor ConditiQn!11 Use Permit (IvtCUP}04-02, was submitted by LaDainian
Tomlinson, Applicant, .to permit' the installation of basketball court lights on Lot 26, a
residential lot located at 18755,fijeritage Drive in the Heritage IIdeveloprnent within the Rural
Residential A (RR-A) zone,'and
WHEREAS, on MayA, 2004, the City Councii Iielcja duly advertised public hearing to
solicit comments from the public, 'both pro and cOn, relative to this application.
NOW, THEREFORE, BEITRESOL VED by the City Council of the City of Poway, as
follows:
Section 1 The City CounCil finds that MCUP 04-02 is exempt from the provisions of the
California Environmental GlualityAct (CEQA), asa,djass 3 Categorical Exemption, pursuant
to Section 15303 of the CEQAGuidelines, in thatitihvolves the construction of an accessory
structure for an existing single_family residence.
Section 2:. Thefihdings, in accordance with Se<:<tiOh 17 48:070 of the Poway Municipal
Code, to;~pprove MCUP 04-02, toperrnit the installatibnof basketball court lights on Lot 26, a
residential lot at 18755 Heritage Drive in the Heritage II development within the RR-A zone,
are made as follows:
A. The design of the proPClsed basketball court lighting will'meet the required .Iightingtype,
height limit, and operating hours; and will otherwise comply with all of the relevant
codes'and standardsof'the City of Poway The proposed,use.isconsidered to be'an
allowable. accessory use in the zone, with'the approval of a Minor 'Conditional Use
Permit. Therefore; thep~oposed location, .size, design, and operating characteristics
ofthe proposed use are in.acc6rda,nce withthetitleand,purposeof Section 17 48 070,
the purpose of the tone if! which the site is located, the City General Plan, and the
development policies and standards of the City
B. The location and design of the proposed basketball court lighting will not create a
negative visual irnpact on surrounding properties as.it will beset back from the property
boundaries, will utilize low impa~t lighting fiJ51:ureswith shielding; and the light poles will
be softened by landscaping. Therefore, the loc,ation, size, design, and operating
characteristics of the;proposed use will be compCltiple with and will not adversely affect
or be materially detrimental to adjacent uses, residents, buildings, structures, or natural
resources.
". . . 22703
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Resolution No P-04-33
Page 2
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C The light standards are'limited in number and site.,alldthe project is located on a large
site" surrounded by'other large sites. Theref6~~"theharmonyin scale, bulk, coverage,
and density of the project is consistent with adjacent uses.
D; There are public faCilities, services, and utilities available.
E. The proposed lighting will be ,directed withi.n the project boundaries and it will be
softened by landscaping to rnitigateits visibility from.the.surrounding properties. The
lighting will furtherbe shielded by screening on the basketball court fenCing. Therefore,
there will be no hanmful effects upon desirable neighborhood characteristics.
F The project is located on ~n 8.24-acre parcel ~J!owing adequate setback to the
basketball court lighting, The basketball. <.:ourt will be situated within the side yard
approximately 150 feeHo'E1eritage Road and' over 350..feet to the proposed residence
to the north (lot 25), T:herefore, the site issuitable,for the type and intensity of use or
development that is proposed.
G. The project is lirnited in scope. therefore, there will be no significant harrnful effects
upori environmentalq1J!'llity and natural resources.
H. The proposed use is an allowable 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, co}iditions under which it would be
operated or maintained, will not be detrimental to'thepublic health, safety, or welfare,
or materially injurious to'p!,operties or improvements in the vicinity, nor be contrary to
the adopted General Plan, and
I That the proposed conditional uses will comply with_each of the applicable provisions of
Section 17 48.070 ofthe Poway Municipal Code.
Section 3 The City Council hereby approves MCUP04-02for the installation of basketball
COlJrt lights oil L,ot 26, aresideritiallot located at18755 Heritage Drive in the Heritage II.
de\telopmentwithin,the.RR"A zone, as shown onthe'plans'dated February 13, 2004, subject
to thef6110wlng conditions:
A. Approval of this MCUP shall apply only to the subject project and shall not waive
compliance with all seCtions ofthe Zoning Ordinance and all other applicable City
ordinances in effect atthe,time of Building Permitissuance.
B Within 30 days ofthedateofthis approval: (1 )the applicant shall submit in writing that
all conditions of approval have been read aDd.understood, and, (2) the property owners
shall execute a Covenant Regarding Real Property
C The use conditionally granted by this approval'shali,not be conducted in such a manner
as to interfere wittfthe.reasonable use and enjoymentof surrounding residential uses.
" , . 22704
Resolution No. P-04-33
Page 3
D, The conditions of MCUP 04-02 :shall remain ill effect for the life of the subject
.basketball court and basketball.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 shall comply with the lat~st adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in effect
at the time of Electrical/Building PerrniUssuance.
3 The site shall be developed in accordance with the approved site plan on file in
the Development ,Services Department and the conditions contained herein.
Grading of the 10t)sl1all be in accordance with the Uniform Building Code, the
City Grading Qrdi~ance, .the approved grading plan, the approved soils report,
and grading p-racticesacceptable to the City: All components of the basketball
court/lighting installations (i.e., including footings) are entirely outside the
easement onsite
4 Pursuant toSectio.n 17,30 020.C oHhe paway Municipal Code, the applicant
shall subniit lighting plans that reflect that the lighting will be shielded from the
adjacent propertieslo.the satisfaction ofthe Director of Development Services.
5 Pursuant to Section 1.7.30.020.E ofthe Poway Municipal Code, the building
plans shall depict, to the satisfaction Qfth~Director of Development Services,
that the support posts, light poles, andfixti.Jres will be painted a dark non-
reflective color so,as to reduce their overall visibility
6 Pursuant to Section t7.30_020.F of the Poway Municipal Code, the puilding
plans shall depict, to the satisfaction of the Director of Developmeht'Services,
that dense screening 19ndscapingwill be installed so as to soften the
appearance of thelignt poles.
7 The building plans shall depict, to the satisfaction of the Director of
DevelopmenfServices, that lighting is on'a timer aflimited duration, designed to
prevent the Iights'from accidentally beinglett:on.
8 Light standards height shall not exceed 18 feet. Lighting fixtures shall be a
maximurn of 1,OOO-watt, high-pressure sodium lighting fixtures as required by
Section 17.30 and shall be.rnaintained for the life of the project. Metal halide
lighting is prohibited
, . . . 22705
Resolution No. P-04-33
Page 4
F, Prjo/to obtaining a final inspection Qnthe Building Permit, the applicant shall comply
with the following:
1.. The basketball court lights shall be developed;in accordance with the approved
plan on file in the Development Services Department and the conditions
contained herein. A final inspection frdmtheappropriate City Departments will
be required.
2. The applicant shall provide a certification by a lighting contractor that all
lights and light fixtures have been designed, constructed, mounted, and
maintained such that the, light source is cut off when viewed from any point
above five feet measured at ten feet from the edge of the court. The lighting
contractor shall certify that all light fixtlJtes ba\l~ been designed, constructed,
mounted light shields' installed, and maintained such that the maximum
iIIurninationintensity measured at the:property line shall not exceed ,one-half-
foot candle above',ambient light levels.
3. Should the ligtlting contractor not be able to certify the installation pursuant
to Condition E2 ofthis resolution, plans shall be submitted to the Planning
Divisk>ndemoD::;tra~ii1g mogificationsoUhe fixtures and/or landscape screening,
and/or basketball cOWl fence screeriin~j' necessary to be able to meet said
,.. .
requirements. Upon approval (if any) and on installation of said measures, the
applicant shall call for a follow-up final inspection.
4 Should the lighting contractor not be able to certify the installation pursuant to
Conditions E.2anaE.3above, the approval granted herein shall be revoked and
the lighting fixtures and light poles shall be removed.
G. Upon installation of the basketball court and basketball court lights, pursuantto MCUP
04-02, the following shall apply'
1 Pursuant to Section 17.30 020 C.3, the basketball court lighting shalLbe used
only between 7'00 a.rn. and 10:00 p.m.
2. '[he required landscaping has been installed between the basketball court fence
and the property line, and said landscaping shall be maintained in a flourishing
rnanner, to the satisfaction of the Director of Development Services.
3 The Hghfstandards are limited in nunib~r;size, height, and light shields, which
shail meetthe requirements for shieldingthelightfixtures. The maximum height
oflights shall 'not exceed 18 feet from grade. The applicant shall comply with
the required maximum 1,OOO-watt, high-pressure sodiurn lighting fixtures
pursuantto Section 17:.20.020,G, andshalLbe maintained to the satisfaction of
the Director ofOeveloprnent Services.
" ~ . 22706
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Resolution No. P-04- 33
Page 5
Sec:tibm4 . The approval ofMCUP'04-02'expire onMay4, 2006, at 5:00 p.m. unless, prior
to thqMime, a Building Perrnit;hasbeen'issued, and construction on the property in reliance on
the MCUP approval has commented priortb its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 4th day of May 2004
ATTEST.
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StATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. 04-33 , was duly adopted by the
CityC6uncil at a meeting of said City Council held on the 4th day of May 2004, and that it was
so adopted by the following vote.
AYES. EMERY, GOLDBY, REX fORD" 'CAFAGNA
NOES NONE
ABSTAIN: NONE
ABSENT HIGGINSON
nne Peoples, City Clerk
f Poway