Covenant Regarding Real Property 2006-0274027
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, 'RECORDING REQUEST BY:. i~ DO. 2006-0274027
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CITY OF POWAY
WHEN RECORDED MAIL TO: ll~ APR 19.2006 2:46 PM
) OFFICI~.L RECORD',
CITY CLERK ) ';,0.11 DIEGO COUtITY RECOFI[JER'S OFFICE
CITY OF POWAY ) GREI30R\' J o;t.,'tlTH COUNTY RECORDER
POBOX 789 ) FEE', 2900
POWAY CA 9tltfri3 ) P,6.C1ES 8
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APN: 277-220-35 2006-0274027
MCUP 05-07
COVENANT REGARDING REAL PROPERTY
Christopher J. Coseo and Brenda M. Coseo, PROPERTY OWNERS ("OWNER"
hereinafter), are the owners of real property described as:
PARCEL 35 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 more commonly known as Assessor's Parcel Number 277-220-35 ("PROPERTY"
hereinafter) and addressed as 18790 Heritage Drive. In consideration of the approval of Minor
Conditional Use Permit (MCUP) 05-07, by the City of Poway ("CITY" hereinafter), OWNER
hereby agrees to abide by the conditions in 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In the event that MCUP 05-07 expires or is rescinded by City Council at the request of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, the prevailing party
shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the
other party. ::fl~
Dated: ~'IO'O(o
Christopher J. Coseo (notarize)
Dated: tj-/O-Ob By: /l1 ~
renda M. Coseo (notarize)
CI Y OF POWAY
Dated: ~, /~,&>" By:
Niall Fritz, Directo pment Services
M:lplanningIOSreport\mcupI04-17 Pollakov court lightsICOVENANT.OOC
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 11954
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Name(s) 01 Signer(s)
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to be the person(s) whose name(s)-isl@subscribed
to the within instrument and acknowledged to me that
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l@- :':m~2~:' "I authorize capacity(ies), and that by ~
signature(s) on the instrument the person(s), or the
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~' San Diego Comly l executed the instrument.
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Place Notary Seal Above
Signature 01 Notary Public
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 Attache~ocument1: f? . K('d( Pro(.Jev~
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Signer Is Representing: Signer Is Representing:
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EXHIBIT A 11955
RESOLUTION NO. P-06-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 05-07,
A REQUEST TO INSTALL TENNIS COURT LIGHTS ON LOT 35,
A RESIDENTAL LOT LOCATED AT18790 HERITAGE DRIVE,
WITHIN THE HERITAGE RANCH ESTATES COMMUNITY,
IN THE RURAL RESIDENTIAL A ZONE
ASSESSOR'S PARCEL NUMBER 277-220-35
WHEREAS, Minor Conditional Use Permit (MCUP) 05-07 was submitted by Mr. and
Mrs. Christopher Coseo, Applicants, to permit the installation of court lights at an approved
tennis court and residence under construction at 18790 Heritage Drive, within the Heritage
Ranch Estates community and zoned Rural Residential A (RR-A); and
WHEREAS, on April 4, 2006, 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 05-07 is exempt from the provisions of the
California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption,
pursuant to Section 15303 of the CEQA 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 05-07, to permit the installation of court lights at a tennis court
approved through Minor Development Review Application (MDRA) 04-84, on an 8.43-acre
residential lot at 18790 Heritage Drive, within the RR-A 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 standards of the 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 of the proposed use are in accordance with the title and purpose of
Section 17.48.070, 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 of the proposed tennis court lighting will not create a
negative visual impact on surrounding properties as the tennis court will be
screened by the residence from properties to the north and dense landscaping will
screen the tennis court lights from properties to the west, south, and east.
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1.1.95
Resolution No. P-06-20 6
Page 2
the tennis court from the adjacent properties. The court lights will not impact the
residences on Lots 23 and 39 to the west as the tennis court is located over 800 feet
from the residential building pads of those lots, The lights are required to be shield
and dense vegetation, required by the Conditions of Approval, will screen the court
lights. Therefore, the location, size, design, and operating characteristics of the
proposed use will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, structures, or natural resources.
C. The light standards for the tennis court are limited to a maximum of eight lights and
a maximum height of 18 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 reduce visibility of the lights 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 an 8.43-acre parcel along the west side of Heritage Drive,
across from the intersection of Augusta Court. The tennis court is situated within
the side yard, over 140 feet from Heritage Drive. The elevation of the residence
and tennis court is higher than the surrounding properties, except for Lot 39, which
is at an elevation of 743 feet. However, both Lots 39 and 23 are separated by over
800 feet of undulating hillside and dense native vegetation, which will reduce the
potential for visibility. Dense landscaping will be required to screen the court and
lights, and the separation between the court and surrounding residences will reduce
the potential to view the lights, 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 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 use will comply with each of the applicable provisions
of Section 17.48.070 of the Poway Municipal Code.
I
. . 119~~
Resolution No. P-06-20
Page 3
Section 3: The City Council hereby approves MCUP 05-07, for the installation of a
maximum of eight tennis court lights on Lot 35, a residential lot located at 18790 Heritage
Drive, within the RR-A zone, as shown on the plans dated November 28, 2005, 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 at the time of Building Permit issuance.
B. Within 30 days of the date of this approval:
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 of MCUP 05-07 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 Building Permit issuance.
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 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 (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 that the lighting will be shielded from
the adjacent properties, to the satisfaction of the Director of Development
Services.
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58
Resolution No. P-06-20
Page 4
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 evergreen screening landscaping will be installed around the
perimeter of the tennis court to screen the lights from surrounding properties,
so as to restrict visibility of the light poles.
7. The building plans shall depict, to the satisfaction of the Director of
Development Services, 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 18 feet. Lighting fixtures shall be a
maximum of 1 ,OOO-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 tennis 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 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.
3. The applicant shall submit landscape plans that depict 24-inch-box trees
that will screen the tennis court lights. The plans shall be submitted to the
adjacent neighbors and the HOA for concurrence on the type and number of
plant species that will effectively screen the light standards.
G. Upon installation of the tennis court lights, pursuant to MCUP 05-07, the following
shall apply:
. .
. . . .
119
Resolution No. P-06-20 59
Page 5
1. Pursuant to Section 17.30.020.C.3 of the Poway Municipal Code, 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 the lights
off at 10:00 p.m.
2. The plant materials identified on the approved landscape plan have been
installed along the tennis court fence where visible from 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 feet from grade. The applicant
shall comply with the required maximum 1,000-watt, high-pressure sodium
lighting fixtures pursuant to Section 17.20.020.G of the Poway Municipal
Code and shall be maintained to the satisfaction of the Director of
Development Services.
Section 4: The approval of MCUP 05-07 shall expire on April 4. 2008, 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 4th day of April 2006.
ATTEST:
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L. Diane Shea, City Clerk
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Resolution No. P-06-20
Page 6 11960
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. P-06-20, was duly adopted by the City Council
at a meeting of said City Council held on the 4th day of April 4, 2006, and that it was so
adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
DISQUALIFIED: NONE
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City of Poway