Covenant Regarding Real Property 2004-0691334
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~ECORDlN~ RE~~EST BY . ) . I "1111I1!11~lm*"IIII1~rulll~II~I~I" ~lIllml~III"1
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f1, CITY OF PO',VAY )
~ WljENRECOROEOMA" TO ) JUL 23, 2004 8'38 AM
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) iJFFICL".L RECuFiC",
_ CITY CLERK ) ':,,':;.N OIECiI-1 u]ur'JT'1 FiECnR[IEFI":. OFFICE
f CITY OF POWAY ) CifiECiDF:'1 .1 ':;t"lITH COUnT I FiECOR[IEF:
FEE~,. 25.uu
POBOX 789 ) P':':'.C1E':. 7
POWAY CA 92074-0789 )
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No Transfer Tax Due )
APN: 273-820-54
COVENANT REGARDING REAL PROPERTY
Norm and Lynn Ellis, PROPERTY OWNERS ("OWNERS" hereinafter) are the owners of
real property described as:
PARCEL 2 OF CITY OF PARCEL MAP 17310 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, FEBRUARY 23,1994,
and more commonly known as Assessor's Parcel Number 273-820-54 ("PROPERTY"
hereinafter). In consideration of the approval of Minor Conditional Use Permit (MCUP) 04-09,
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
future owners, encumbrancers, successors, heirs, personal representatives, transferees and
assigns of the respective,parties.
In the €)vent that MCUP 04-09 expires or is rescinded by City Council at the request of
the OWNER(S), 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, frorn the
other party
OWNERS
Dated: .j v \1/) n I '2P==4- BY'~_ ~
\ ~ka. Noe.O\ Ell is
---- Norman lIis, Owner (Notarize)
Dated:\J~/7 t rz I ~OO) I_By' ~ c//-..- ~
AloaA-vnn Ellis, Owner (Notarize)
;. WjnC\ E'IiS
CITY OF POWAY
Dated: June 8, 2004 By'
Niall Fritz, Director of
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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On 7 /1 7/04: , before me, ~ r,R I C ~ f:.. . 0 . ~ U L ("..{ II It IV
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personally appeared OIZ-rl/1'I1IJ LM61./ F-- J... LIS. g, I '>r [(.viol F LL(S
Name(s) ofSigner(s) .
o personally known to me
~roved to me on the basis of satisfactory
ev,oence
to be the perso@ whose na~ $@
subscribed to the within instrument and I
1- ., - ~ - - - - - -, - - J acknowledged to me that ~xecuted ~'
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NoIary PublIc _ CallIomla I capac'~ and that by ~
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I ' MvCGmm. EllpRIApr 7, 200i .1~9 entity ~~eA h"h~lf nf which the p~eR{s)
'. - - - - - - - - - ,.. - - ..aete&, executed the instrument.
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Place Notary Seal Above
OPTIONAL
Though the information below is not.,equired by law. it may provevaJuable 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
o Corporate Officer,-'- title(~):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other'
Signer Is Representing:
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Q 1999 National Notary Association' 9350 De Soto A~e.. P.O. Bo~ 2402' Chatsworth. CA 91313.2402 . "ww,nahonalnoUlry.org Prod. No. 07 ReOfoer. Call Toll-Free 1.8()()..876-6827
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EXHIBIT A
RESOLUTION NO P-04-45
A RESOLUTION OF THE CITY COUNCIL
OF Tl-jE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 04-09,
A REQUESr TO INSTALL TENNIS COURT LIGHTS
AT AN EXISTING TENNIS COURT IN THE RURAL RESIDENTIAL C ZONE
ASSESSOR'S PARCEL NUMBER 273-820-54
WHEREAS, Minor Conditional Use Permit (MCUP) 04-09, was submitted by Norm and
Lynn Ellis, Applicants, to permit the installation of tennis court lights at an existing tennis court
located at an existing residence at 17035 Edina Court within the Rural Residential C (RR-C)
zone; and
WHEREAS, on June 29, 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 by the City Council of the City of Poway, as
follows:
Section 1 The City Council finds that MCUP 04-09 is exempt frorn the provisions of the
California EnvironmentaiQuality Act (CEQA), as a Class 3 Categorical Exemption, pursuant
to Section 15303 of the,CEQA Guideiines, in that it'involvesthe 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'04-09; to permit the installation of tennis court lights at an existing
tennis court on a residential lot at 17035 Edina Court within the RR-C zone, are made as
follows:
A. The ,design of the proposed tennis court lighting will meet the required lighting type,
height limit, and operating hours; and will otherwise comply with all of the relevant
codes and stand!3rds ofthe 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
Permit. Therefore, the proposed location, size, design, and operating characteristics
ofthe proposed use are in accordance with the title and purpose of Section 17 48.070,
the purpose of tJ1~ zone'in which the site is'Jocated, the City General Plan, and the
development policie-s and standards of the City
B The location and design of the proposed tennis court lighting will not create a negative
visual impact on surrounding properties as the tennis court is situated at an elevation
lower than the adjacent residence to thewest, north and east, and will be shielded from
.Espola Road to the south by the existing church and the lights fixtures proposed are
low impact with shielding and they will be softened by additional landscaping.
Therefore,Jhe location, size, design, and operating characteristics of the proposed use
will be compatiole with and will not adversely affect or be materially detrimental to
adjacent uses, residents, buildings, structures, or natural resources.
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Resolution No. P-04-45
Page 2
C The light standards for the tennis court are limited to a maximum of ten 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 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 be shielded by screening on the tennis court fencing. Therefore,
there will be no harmful effects upon desirable neighborhood characteristics.
F The project is located on a 1 03-acre parcel allowing adequate setback to the tennis
court lighting. The tennis court is situated within the rear yard at the end of a cul-de-
sac, adjacent to the parking lot of the St. John of Darnascus Orthodox Church on
Espola Road, and screened from Espola Road by the existing church. 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 is an allowable accessory use in the RR-C 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 maintained, will 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 comply with each of the applicable provisions of
Section 17 48 070 of the'Poway Municipal Code.
Section 3' The City Council hereby approves MCUP 04-09 for the installation of tennis
court lights on a residential lot located at 17035 Edina Court within the RR-C zone, as shown
on the plans dated April 21, 2004, subject to the following conditions:
A. Approval of this MCUP. shall apply only to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
ordinances' in effect atthe tirne of Building Permit issuance.
B Within 30 days ofthe date ofthis approval: (1) the applicant shall submit in 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 conditionally granted by this approval shall not be conducted in such a manner
as tointerfere;withthe,reasonable use and enjoyment of surrounding.residential uses.
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Resolution No P-04-45
Page 3
0 The conditions of fV1CUP 04-09 shall remain in effect for the 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 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 latest adopted Uniform Building Code,
National Electric,Code, and all other applicable codes and ordinances in effect
at the time of Electrical/Building Permit issuance.
3. The site shall be developed in accordancewith the approved site plan on file in
the Development Services Department and the conditions contained herein.
Grading of the lot shall be in accordance,with the Uniform Building Code, the
City Grading Ordinance, the approved grading plan, the approved soils report,
and grading practices acceptable to the City All components of the tennis
court/lighting installations (i.e., including footings) are entirely outside the
easement onsite.
4 Pursuant to Section 17.30020 C of the Poway Municipal Code, the applicant
shall submit lighting plans that reflect that the, lighting will be shielded from the
adjacent properties to the satisfaction of the Director of Development Services.
5 Pursuant to Section 17.30 020.E of the Poway Municipal Code, the building
plans shall depict, to the satisfaction of the 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 Poway Municipal Code, the building
plans shall depict, to the satisfaction of the Director of Development Services;
that dense screening landscaping will be installed so as to soften the
appearance of the light poles.
7 The, building plans shall depict, to the satisfaction of the Director of
DevelopmentSer:vices, that lightif']g is on a timer of limited duration, designed to
prevent the lights from accidentally being left on.
8 Light standards height shall not exceed 18 feet. Lighting fixtures shall be a
maximum of 1,OOO-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.
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Resolution No. P-04-45
Page 4
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 Development Services Departrnent and the conditions contained
herein. A final inspection from the 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 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 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 thelennis court lights, pursuant to MCUP 04-02, the following shall
apply'
1 Pursuant to Poway Municipal Code (PMC) Section 1730020 C.3, the tennis
court lighting shaWbe 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, and said landscaping shall be maintained in a flourishing
manner, to the satisfaction of the Director of 'Development Services.
3 The light sta~ndards 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 grade. The applicant shall comply with
the required maximum 1,OOO-watt, high-pressure sodium lighting fixtures
pursuant to PMC Section 17.20020 G, and shall be maintained to the
satisfaction of the Director of Development Services.
Section 4 The approval of MCUP 04-09 expires on June 29,2006, 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.
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Resolution No P- 04-45
Page 5
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 29th day of June 2004
ATTEST
Jean
STATE OF CALIFORNIA )
)SS
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~04-45 ,was duly adopted by the City
Council at a meeting of said City Council held on the 29th day of June 2004, and that it was so
adopted by the following vote:
AYES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES. NONE
ABSTAIN: NONE
ABSENT NONE
Jean Bunch, Interim City Clerk
City Poway