Covenant Regarding Real Property 2004-0957282
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RECORDING REQUEST B. ) 1IIIIIIIffilllmllllllll~I~I(i1~il~ ~1~1~1~11i1]1111I1
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~WHEN RECORDED MAIL TO: ) OCT 08. 2004 8'39 AM
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APN' 277~220-16
COVENANTREGARDING REAL PROPERTY
Jonathan Weisz, Heritage #16, LLC, a Limited Liability Company, PROPERTY OWNER
("OWNER"hereinafter) is the ownerof'real property described as:
PARCEL 16 OF CITY OF POWAY TRACT NO 98-02 HERITAGE RANCH
ESTATES, INTHE,CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING, TO. tvlAP THEREOF NO 14388, FILED IN JHE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8,2002.
and more commonly known, a? Assessor's Parcel NU_rnber 277-220-16 ("PROPERTY"
hereinafter), In consideration <if the approval of Minor Con8itionaj Use Permit (MCUP) 04-13,
by the City of Po way ("CITY"hereinafter), OWNER hereby agrees to abide by the conditions in
th'e.attached Resolution (Exhibit A):
This Covenant shall run with .the land and be binding,upon a,nd inure to the benefit of the
futLJre owners, encumbrancers,successors, heirs, personal' representatives, 'transferees and
assigns of the respective parties.
In the event that MCUR 04-" 3 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 rescinded by City Council at the request of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,ienforce'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
Dated: 8/ 9Lj lU--'j By:
Jonatha eisz, Heritage #16, L
:(Noti e)
Dated: f. 1. \. ~Cf
M,Iplanningl04reportlmcupl04,131COVENANT mcup 04,13:DOC
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CALIFORNIA ALl.PURPOSE ACKNOWLEDGMENT
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, County of \) I ew' i
On ,':eo\-. d.~1 ;:;.oO<{, before me,:
\ Date
, personally appeared ~~ We\ '::>~
" Name(s) ofSigner(s)
, ~perSOnallY known to me
,
, proved to me on the basis of satisfactory
, evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
1.............................................1 acknowledged to me that he/she/they executed
~"mERINE roof;... the in his/her/their authorized
.' .. COMM'#137,1374 same
~ NOTARY PUBLIC. CAlIFORNIA'E capacity(ies), and that by his/her/their
'. ' SAN OIEGOCOUNlY - signature(s) on the instrument the person(s), or
t........,., ...........E.~.~.~!~~!~.~~e!r~.s. ~9~~.3..~v.~.~~~
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the infofmation below is not required by law, it may prove vafuabfeto 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):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
D Other-
Signer Is Representing: ~
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i9 1999 National Notary Association' 9350 De SOIa Ave Po. Box 2402' Chatswortl1, CA 91313.2402' Www.naliOnalnotal)'.org Prod,No.5oo7 Reorder: Call Toll Free 1-800-875-6827
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RESOLUTION NO P-04-64
A RESOLUTION OF THECIJYCOUNCIL
OF "TIHE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 04-13,
A REQUEST TO INSTALL TENNIS COURT LIGHTS
ON LOT 16, A RESIDENTAL LOT,
LOCATEp AT 14170 AUGUSTA COURT,
WITHIN THE HERITAGE II DEVELOPMENT
IN THE RURAL RESIDENTIAL AZONE
ASSESSOR'S PARCEL NUMBER 277c220-16
WHEREAS, Minor Conditional Use Permit (MCUP) 04_13 was submitted by Jonathan
Weisz, HeritCige #16, LLC, Applicant, to permit the installation of tennis court lights ell an
approVed tennis court and residence uriderconstructi6n at14'170Augusta Court, withiri the
Heritage II development and zoned Rural Residential A (RR-A); and
WHEREAS; on September 14, 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 04c13 is exempt from the provisions of the
California Environmental Quality Act (CEQA),as a Class 3 Categorical Exemption, pursuant
to Section 15303 of theCEQj\,Guidelines, in that it inv.olves the construction of an accessory
structure for an existing single4amily residence
Section 2: The findings, in accordance with Section 1.7 48.070 of the Poway Municipal
Code, to approve MCUP 04-13,,topermit the installationoftennis court lights at a tennis court
approved through Minor Development Review Application (MDRA) 04-86, on a 4 16-acre
residential lot at14170 Augusta Court, within the RR-Azone, are made as follows:
A The design of the proposed-tennis-court lighting will meet the requi~l?d lighting tYR,e"
height limit, 'and operating hours;. and will ,otherwise comply'with all of the relEwant
Codes'ancJ standards ofthe,City of Po way The proposed use is considered to be an
allowi3bleaccessory l1s~ in the zonE!, wim the approval of a Minor Conditional Use
Permit. Therefore, the proposed locatiOn, sjze., design, and operating characteristics
of the proposed use are in accordance with the\title and purpose of Section 17 48.070,
the purpose of the zone in which fhe site is located, the General Plan, and the
development policies and standards of the City
B The location aBddesign Qf the proposed tennis court lighting will not create a negative
visual impact on surrounding properties as the tennis court is situated at the end of a
cul-de-sac, 'It is only partially' visible from Lot 15 to the south as the residence will
screen it from view,. and vegetation required by the Conditions of Approval will further
screen the tennis court, Therefore, the location, size, design, and operating
characteristics of the proposed usewill be'compatible with and will not adversely affect
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Resolution No. P-04-64
Page 2
orbe materiaUydetrimental to adjacent uses, residents, Buildings, structures, or natural
resources,
C The light standards for the tennis court are limited to a maximum of ten 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 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 harrrifuleffects upon desirable neiyhb6rhood characteristics.
F The project is located on a4,16-acre parcel allowing adequate setback'to the tennis
court lighting, l'he tennis court is situated within the, rear yard at the base of a slope
and the residencewilrfurther restrict view of the court. 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-A zone. Therefore, the
impacts, as described above, the propose<! location, size, design, and operating
characteristics of the proposed use, and the conditions under whict] it would be
operated or maintained; will notbe detrimental to the public health, safety, or welfare,
or materially injurious'to properties or improvemerits in the vicinity, nor be contrary to
the adopted Generai Plari; and
I That the proposed conditional uses will comply with,each of the applicable provisions of
Section 1748.070 ofthe'Poway Municipal Code,
Section 3' The City Council hereby approves M8UP04-13 for the installation ohennis
court lights on Lot 16, a.residentiallot located at'141.70,Augusta Court, within the RR-A zone,
as shown on the plans dated June 30, 2004, subject to the following conditions:
A. Approval of this MCUP shall apply orily tO'the subject project and shall not waive
compliance with all Sections of the Zoning Ordinance and alj other applicable City
Ordinances in effect at the time of Building Permit issuance
B Within 30 days of the date of this approval:
1 The applicaD~shallsubmit in Writing' that all conditions of approval have been
read and understood,
2. The property owners shall execute a Covenant Regarding Real Property
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Resolution No. P-04-64
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C The'use conditionally,grantedby this approval shall,notbe conducted in such amanner
asto iriterfere with the reasonable use and enjoyment of surrounding residential uses.
D The'Conditionsof MCUP,04-13 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 Buildil1g 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 BuildingCbde,
National EleCtric Code, and all other applicable codes and ordinances in effect
at the time ofBuildirig Permit issuance,
3 The site shall be developed in accordancewiththe,approved site.plan ori file in
the Development Services Departmenf and the conditions contained herein.
Grading of the lot;shall be in accordance with the Uniform Building Code, the
City Gradirig Ordinance, the approved grading plan, the,approved soils report,
and grading practices acceptable to tt;eCity All components of the tennis
court/lighting installations (i,e.. 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 reflect thatthe 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 Pbway Municipal Code, the building
plans shall depict,.t9 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 r_educ~ their oyerall visibility
6 Pursuant to Section 17.30 020,F oHhe Pciway Municipal Code, the building
plans shall depict, to the satisfaction ofthe 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
Development Services, thatlighting is on,atimer 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 18 feet. Lighting fixtures shall be a
rnaximum of 1 ,()OO~watt; low~pressure sodium as required by Section 17,30 and
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shall be maintained forthelife of the' project: Metal halide lighting is prohibited
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F Prior'to'obtaihing a finafinspection 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 DevelQpment Services Department and the conditions contained
herein. A final inspection from the appropriate City Departrnents 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 meas,ured aqen feeUrom ttieeage of the court, The lighting
contractor shalj certify that all light fixtures have be-en -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 ofthetennis court lights, pursuant to MCUP 04-13, the following shall
apply'
1 Pursuant to P6w.C1Y Municipal Code (PMC) Section 17 30 020 C,3, the tennis
court lighting shall, be used only between 7'00 a,m. and 10'00 p,m, and an
automatic timer shall be programmed to. automatically shut off at 10'00 p,m,
2. The required landscaping has been installed along the tennis court fence
where visible from,adjacent and surrounding properties, and said landscaping
shall be rnairitainedilla flourishing manher,t6 the satisfaction of the Director of
Development SerVices.
3 The light standards are limited in nurnber, size, height, and lightshields, which
shall meet the requirements for shielding the light fixtures, The maximum height
of ligbtsshallll()texceed 18 feet from grad~. Tile C1Pplicant shall comply with
the req"uiredrriaximum' 1,000,watt, low-pressure sodium lighting fixtures
pursuant: to. PMC Section 17.20020'G, and shall be maintained to the
salisfaction of the Director of Development:Services,
Section 4 The approval of MCUP 04A3 expite~ ori September 14, 2006, at 5'00 p,m.
unless, prior tothat,tihie,a Building Permithasb~eri'issued, and construction on the property
in reliance on the MCUP approval has commenced prior to its expiration.
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I Resolution No P-04-64
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I PASSED, AElOPTEDandAPPROVED by the City Council of the City of Poway, State
I of California, this 14th day of September 2004
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I ATTEST
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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 pc04- 64 , was duly adopted by
the City Council at a meeting of said City Council held on the 14th day of September 2004,
and that it was so adopted by the following vote
AYES EMERf, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN, NONE
ABSENT' NONE
Je n e'Bunch, Interim City Clerk
Ci of Poway