Covenant Regarding Real Property 2001-0563629
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DOC"2001-0563629
RECORDiNG'REQUEST BY: )
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CITY OF PQWAY )
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WHENRECoFiDED MAIL TO: )
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CITY CLERK )
CITY OF POYVAY )
PO BOX 7tf9 )
POWAY CA92074-0789 )
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No Transfer Tax Due )
AUG 09. 2001 9:09
OFFICIAl RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
G.'lEGORV J, SMITH, COUNTY RECORDER
FEES: 28.00
At"i
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Jerry an~ Patti Simonsen, PROPERTY OWNERS ("OWNERS" hereinafter) are
the owners of real pr9pertydescribed in Exhibit A wliich is attached hereto and made a
part hereof and which is gomrnorily known as Assessor's Parcel Numbers 277-202-08
and 277-202-09 ("PROPERTY" hereinafter), In consideration of the approval of
MCU'P 61-001 by the City of Poway ("CITY" hereinafter)', OWNERS hereby agree to
abide by conditions of the attached resolution (Exhibit B),
This Covenant shall ruri'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In the event that MCUP'01"001 expires or is resCinded by City Council at the
requestofth8 OWNERS, CITY shall expunge this Covenant from the recordtitleofthe
PROPERTY
In the event ofJitigation tQ'enforce the provisiQl1S.bfthis Covenant, the prevailing
party shall be entitle_d to'full reimtiursemerit of all costs', including reasonable attorneys'
fees, from the other party,
Dated:
7Lt. In 1
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(Notarize)
(Notarize)
Dated
o/..?& 10 I
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CITYOFPOWAY
Dated: 7/r/)~(
BY'
Niall Fritz, Director of Develop
Services
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EXHIBIT A
LEGAL DESCRIPTION
LOT48 OF CITY OF POWAY TRACT NO 89-13R, THE HERITAGE PHASE
1, UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO 13708, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, DECEMBER 17,
1998
~~lIFORNIAALl.PURPO'ACKNOWlEDGMIENT .
State of
CAlUfOeN\Il
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2la4, 2.001
County af
On -0\lL\i
before me, iMNm-'~ 2,. 01~ "'O~ ~BUc.
Dale . Name and Title of Officer (e,g., Jane Doe, Nota!)' Public")
persanally appeared ~~U ~1> \>4rti ';IMONS~" \I .
, Name(s) of Signer(s),
~erSOnallY knawn to me - OR - 0 proved to. me on the basis of s~~ctary evidence to. be. the person(s)
whase name(s)~~ubscribed to. the~n instrument
and acknawledgeta rile that t1'l1's~~xecuted the
same in hitl he' LJthorized capacity(ies), and that by
~/ilGl'~ignature(s)'on the instr~ment the persan(s),
or the entity upon behalf'o.f which the persan(s) acted,
executed the instrument.
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i,""'::' .CYNTHIAR. E~~} f
M f < COMM, #1249499 n
,I(! -.,; NOTARY pUBLIC. CAUFORNIA.i:l
u. ., SAN DIEGO COUNTY ~
r~, My Comm: Exp. Feb,9,2004 i
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OPTIONAL
Though the information below is not required, by tim, it,mayprove valuabfe.to persons relying on the document and could prevent
fraudulenUemovaland reattachment of this form to another document.
Description of Attached Document
~WA+tt
~~ltJq R.\!M.. ~~
Title or Type of Document:
Document Date:
1-2I9-~1
Number of Pages: ONl:<.
Signer(s) Other Than Named Abcive: Nlm..\... 'fExn..
Capatity(ies) ClaimedbySigher(s)
Signer's Name:
Signer's. Name:
o Individual
o Corporate Officer
Tille(s):
o Partner - 0 limited 0 General
o Attarney-in-Fact
o Trustee
o Guardian ar Canservator
o Other'
.
Top of thumb here
o Individual
o Carparate Officer
Title(s):
o Partner ~ o Limited 0 General
o Attarney-in,Fact
o Trustee
o Guardian ar Conservatar
o Other"
RIGHT.:THUMBP,RINT
, ':->>!OF. SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
@,1994National Notary Association. a236'Remmet Ave.: P.O. Box 7184. Canoga Park., CA 91309-7184
Prod.~No. 5:)07
Reorder: Call Toll-Free '-800-876-6827
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EXHIBIT B
RESOLUTION NO P- 01-35
A RESOLUTION OF THE CJTY COl)NCIL
OF THECIJY OF POWAY,CALlFORNIA
APPROVING MINOR CONDITIONAL, USE;PERfytIT 01-001
ASSESSOR',S PARCEL NUMBER 2<77-202'08,09
WHEREAS, MCUP 01-001 submitted by Jerry and PCltti Simonsen, applicants,
requests;a MinorConditional Use Permit to allow the installgtion of 8 lights to an approved
tennis court on a resident,ial lot in the Planned Community (PC) zone, A Minor
Development Review (MDRA) 00-127 was approved for a single-family residence,
guesthouse, and tennis court on January 24, 2001l:he sUbject property is located at
14105 Biscayne Place, ,and
WHEREAS, on.July 10,2001, the City Council held C1,dUlyadvertised public.hearing
to solicit comments from the,public, 'both pro and con, relative to this application, and
NOW, THEREFORE, the City Council does herebY resolve as follows
Section 1: The City Council finds that Minor Conditional Use Permit 01-001 is
Categorically Exempt from. the provisions of the California Environmental Quality Act,
pursuant to Section 15301 (a) Class 1 exemption, in that the proposed instClllation is a
minor alteration to an approved single-family residence, involVing, electrical equipment.
Section 2: The findings, in accordance with Section 1748070 of the Poway Municipal
Code to approve a Minor Conditional Use Permit for MCUP'01-001, to install,81ights to an
approved tennis court on a residential lot at 14105 Biscayne Place in the PC zone are
made as follows
A The design ofthe'proposed tennis court lighting:will meetthe required lighting type,
heighUimit, 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 PC zone, with the approval of a Minor Conditional
Use Permit. Therefore, the proposed location, size; design, al]c;I operating
characteris.ticsofthe proposed use are in accordance with the title and purpose of
Section 1748,070, the purpose of the zone in ",,-hich the site is located, the City
General. Plan,and,the development policies and standards of the City
B The IOP3.tion cmd d~sign of the proposed tennis court 'lighting will not create a
negative visual impact on surrounding properties since it will be set back from the
propertybounda[ies; it will utilize lowimpactlighting fixtures; and the light poles will
be softened by landscaping Therefore, the location, size, design, and operating
characteristics oNhe, proposed use will be compatible 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-Ol-35
Page 2
C Tb6 light standards are limited in number and size, and the project is located on a
2:6-acre: site qo[dered by the Maderas Golf Course: 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 lightingwill be directed to within th,e project boundaries and it will be
softened by landscaping to mitigate its visibility frbnithe surrounding properties,
Therefore, there will be no harmful effects upon desirable neighborhood
characteristics,
F The, project is located on'a large a 2,6-acre parcel, greater than the surrounding
minimum one_acre residential sites, which allows adeqllate setback to the tennis
court lighting 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 ar:l allow_able use in the PC 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 will 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
That the proposed conditional uses will comply with each of the applicable
provisions of Section 17 48 070 of the Poway Mimicipal Code,
Section 3 The City Council hereby approves MCUP 01,001 for the installation of 8
tennis court lights at an approved single"family residence at 14105 Biscayne Place in the
Planned Community Zone, as shown on the plans dated April 16, 2001, subject to the
following conditions:
A, Approval of this MCUP request 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 ofthedate of this approval: .(1 )theappiicantshall submit in writing
that all conditions of approval have been read and understood; and (2) the property
owners shall execute a Covenanton Real Property
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Resolution No P- 01-35
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C The use conditionally granted by'this, approval shall ,not be conducted in such a
mannE;lr as to interfere with the reasonable use an-d enjoyment of surrounding
residential uses,
D The conditions of MCUP 01-001 shall remain in .effect for the life of the subject
project and shall run with thelahd and be binding upon future owners. successors,
heirs, and transferees of the current property owner
E, MCUP 01-001 may be subject to annual review as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year
F The applicant shall obtain a Building Permit priot.to installation of the tehniscourt
lights, Prior to issuance of a Building Permit, theapplitant shall comply with the
following:
1 The applicant shall. comply with the latest adopted Uniform Buil~ing Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the, time of electrical/building permit issuance
2, Pursuant to Section 17,300200, the appljcant shall submit lighting plans
that show the lighting shielded from the adjacent properties and that the
court will be designed, painted, colored and/or textured to reduce the
reflection from any light falling on it to the'satisfaction of the Director of
Development Services,
3 The applicant shall provide a certificatiolJby a lighting contractor that all
lights and light fixtures have been designed,constructed, mounted, ,and
maintained such that the light source is cut offwhen viewed from any point
above five feet-measured at 10 feet fromthe'edge of the court, The lighting
contractor shall also certify that all light fixtures have been designed,
constructed, and the 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,
4 Should the lighting contractor not, be able to certify the installation pursuant
to Condition F 3 above, plans shall be submitted to the Planning Division
demonstrating modifications of the fixiures and/or landscape screening,
and/or tennis court fence screening necessary to be able to meet said
requirements, Upon approval (if any) and an installation of said measures,
the applicant shall call for a follow-up final inspection
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Resolution No P-OI-35
Page4
5 Should the IJghting contractor not be,ableto certify'the installation pursuant
to Condition 'F,3 above, regardless of any approved modifications to the
lighting fixtures and court design, the approval granted herein shall be
revoked and the lighting fixtures and light poles 'shall be removed,
6, Pursuant to Section 17.30,020,E, oUhe'Poway Municipal Code"the building
plan-s shall depic:;t, to the satisfaction of the Director of Development
Services, that the fencing, support posts, light poles, and fixt'ures will be
painted a cJark hO[1reflective colcir, so as to reduce their overall visibility,
Vinyl-coated chain link fencing with fence and'light poles painted to ri1atchis
acceptable,
7 Pursuant to S.ection 17,30,020,F ofthePoway Municipal Code, the building
plans (or separate landscape plans) shc:lll depict, to the satisfaction of the
Director of Development Services, that a minimum of one fast,growing
evergreen tree will be added for each light pole and that a mixture to
evergreen trees and'shrubs shall be planted to screen the tennis court,
8 The building plans shall. depict, to the satisfaction of the Director of
Development Services, that the lighting is on a timer of limited duration,
designed to 'prevent the lights from accidentally being left on and
automatically set totum off the lights at 10'00 P m,
G Prior to obtaining a final inspection on the Building Permits, the applicant shall
comply with the following:
1 The site shall be developed in accordance with the approved plan on file in
theDevelopment Services Department and the conditions contained herein,
A final inspection from the appropriate Citydepartments will be required,
H Upon installation of the tennis court lights, pursuant to MCUP 01-001 , the following
shall apply'
1 Pursuant to Section 17 30 020 C,3, the tennis court lighting shall be used
only between 700 a,m, and 10'00 p,m,
2, The required landscaping has been installe_d 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 tennis court and lighting fixture finishes, and any shielding of the light
fixtures required under this Resolution pursuant to Section 17,30 020 of the
Poway Municipal Code, as well as the required maximum 1,000 wattage
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Resolution No P- 01-35
Page 5
fixture pursuant Section 17,20 020 G shall be maintained to the satisfaction
of the Director of Development-Services,
Section.4: The approval of MCUP 01-001 shall expire on July 10, 2003 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 10th day of July 2001
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, P-01.-35 ,was duly adopted by the
City Council at a meeting of said City Council held on the 10th day of July 2001, and that it
was so adopted by'the following vote
AYES
NOES
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NONE
ABSTAIN:
NONE
ABSENT
NONE
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o i Anne Peoples, City CI rk
City of Poway
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