Covenant Regarding Real Property 1997-0164528.:'j
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RECORDiNG,REQUEST BY,
CITY OF'POWAY
WHEN,:RECORDED MAILio'
CITY CLERK
CITY'OF POWAY
P 6 BOX789
POWAYCA 92074-0789
No Transfer Tax Due
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:-- -~~C n -1997-0164528
-'10-'APR-'1997, 09: 10 AM
- - ,~ "-:, OFFlCIALRECOROS
- -,- -- SAN 'OIEGO- COUNTY' RECOROER' Sc OFFICE
-- ---GREGORY SMITH, COUNTY RECORDER
RF= 11.00 FEES:
AF: - 13.00 -
.. MF: 1.00
'715
25.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Kelly D andLaurie Burt'("G,WNER" hereinafter) is the owner ofJeal property described in Exhibit,A
which is attached hereto and niadel"a'pai't hereof and which iscommorilyknown as Assessor's Parcel Number
278.461"30 ("PROPERTY" hereinafter), In;consideration of the approvalof Minor Conditional Use Permit 97-
01 by the City of Po way ("CITY" hereinafter), OWNER hereby agrees to abide by'conditions of the attached
resolution (Exhibit B),
This Covenant shall run withthedand and be binding upon and inure to the benefit ot'the:future
owners, encumbrancers, successors,heirs, personal representatives, transferees and assigns of the
respective parties,
In theevenHhatMinor Con,ditional'Use.Permit97-Q,1expiresor is rescinded by City Couricil:at:the
request'of the OWNER, CITY shall expunge this Covenant from the record titleofthe PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall;beentitled
to full reimbursement of ail costs, including reasonable attorneys' fees, from the other party
Dated:
Iklf?
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Dated:
f~/f7
Dated: :3-).S-~'1
CITY OF POWAY
By'
p~ ViH,~ {/u-4/./~
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LEGAL DESCRIPTI0N
PARCEL 1,
Lot 69 of City of Po way Tract Map No. 84-08, in the City of Poway, County of San Diego,
State of California, according to Map thereof No. 12044, filed in the..Office ofJheCounty
Recorder of San Diego County, April 18, 1988, together with those portions of that portion
of Harrow Place as vacated by Resolution No. 91-1200fthe City Council of the City of
Poway recorded November 1, 1991 as Document No. 91-0567612 of Official Records,
which revert by operation of the Law to said Lot 69
Exhibit A
'~AlI~ORNIA,ALL:.PURPosAcKNOWLEDGMENT
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On ~.:;., 119 7 ,before me,
~ Date
personally appeared Kelty D. Burf
J~ II . Hosb Y , ft)cfrlYy,ofilb/ic,
Name'and Tille ofQfficer(e.g., "J~ne Doe, Notary Public")
and Li:l~r"e., Burr
Name(s) of Signe~(s)
III personally known to me
D proved to me on ihe basis of satisfactory evidence
-----.~.----I
J@ :.'.'~.~~- 5
i Notary PIJblIc - CaIIforrda J
f san DIego ccunty - L
My COrnm.JxpIres Feb9i 2001 ~
,____,.,T"""..-______
to be the person(s) whose name(s) ~ubscribed to the
within instrument and, acknowledged to me that ~
executed the sam~ in ~uthorized capacity(ies),
and that by ~ignature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
~IJ,~
Signatureo/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 Attached Document
Title or Type 01 Document: C:C\lE..htLl\+
Document Date: A PyU ~ I 1'1' 7
Signer(s) Other Than Named Above: Reba
ReJQ rd/l1.J RtA I f't"ol'er-l-y
Number of Pages: TWD(2.)
WY'.J'd-Ci L/'4,sfJe.r
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or,Conservator
D Other- Top of thumb here
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other" Top of thumb here
RIGHT THUMBPRINT
" - ~OF.SIGNER -
Signer Is Representing:
Signer Is Representing:
"
@ 1996 National Notary Association. 8236 Remmel ~~.!,.O. Box 7184 . Canoga Park, CA 91309.7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876.-6827
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RESOLUTION NO P- 97-14
A RES0LUTION OF THE CITY COUNciL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE'PERMIT 97-01
ASSESSOR'S PARCEL NUMBER 278-461-30
WHEREAS, Minor Conditional Use Permit 97 -01, submitted by Kelly Burt, Applicant,
requests approval to install eight lights to an existing approved tennis court located at
14224 H'arrow Place the Rural Residential C zone, and
WHEREAS, on March 25, 1997, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows,
Section 1, Environmental FindinQs:
The City Council finds that this project is not subject to theCalifomia Environmental
Quality Act in that it is categorically exempt (Class 3) because a lighted tennis court
is considered to be an accessory use to a single family home,
Section 2: Findings:
1 The proposed project is consistent with the general plan in that a lighted
tennis court is considered to be an accessory use for a single family
residence in the Rural Residential C zone.
2. That the proposed development will not have adverse aesthetic, health,
safety, or architecturally related impacts upon adjoining properties, in that the
landscape installation, lighting design and court materials will allow the tennis
court to be compatible with and screened from surrounding properties.
3 That the proposed development is in compliance with the Zoning Ordinance,
in that ircomplies with lighting standards, and all other property development
standards of the Rural Residential C zone.
4 That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that all surrounding
properties are under the same zoning-designation as the subject lot and are
to be developed as single family residences.
5 That there will not be significant harmful effects upon environmental quality
and natural resources in that the project is considered an accessory to a
single family residence, and conditions of approval for the project requiring
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Resolution No. P- 97-14
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landscape screening and limited hours of operation for the tennis court lights
will mitigate potential negative impacts.
Section 3, City Council Decision.
The City Council hereby approves Minor Conditional Use Permit 97-01 subject to
the following conditions:
1 Within 30 days of approval (1) the applicant shall submit in writing that all
conditions of approval have been read and understood; and (2) the property
owner shall execute a Covenant on Real Property,
2. The use conditionally granted by this permit shall not be conducted in such
a manner as to ,interfere with the reasonable use and enjoyment of
surrounding residential and commercial uses,
COMpLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1 Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of approval
shall be submitted to'the Planning Services Department prior to issuance ofbuilding
permits,
3 Approval of this request 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.
4 The applicantlshall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Code, and all other applicable codes and ordinances in effect at the time of building
permit issuance,
5, This approval shall become null and void if building permits are not issued for this
project within two years from the date of project approval.
6. A maximum ofeigtitlights shall be permitted of a height not to exceed 18 feet. All
lights and light fixtures shall be certified by a qualified lighting engineer to:
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Resolution No. P-97 -14
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a, Be 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.
b Be designed, constructed, mounted and maintained such that the maximum
illumination intensity measured at the property line shall not exceed onechalf
candle foot above ambient levels.
c, Said certification shall be provided to the Planning Services Department
prior to the issuance of an electrical permit for the tennis court lighting.
d, Light fixtures are restricted to one thousand walt high-pressure sodium,
7 Hours of operation for court lights shall be restricted to the period between 7'00
a.m, and 10:00 p,m.
8, A landscape and irrigation plan for the area between the tennis court fence and
property line shall be,submilted to the Planning Services Department for review and
approval prior to the issuance of an electrical permit for the tennis court lights, The
landscaping shall consist of fast growing evergreen canopy type trees, planted one
each adjacent to light poles as to obscure view,=; of the pole and light from
neighborhood properties. Dense screening planting is required to be installed in
the setback area adjacent to the outside of the court fencing, to the satisfaction of
the Director of Planning Services, Installation of all landscaping and irrigation shall
occur prior to final inspection,
9. The surface areaof:lhe, court shall be painted a color that reduces the reflection
from any light incident thereon.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 25th day of March 1997
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Don Higginson, Ma;;OO-
7UWU t:,
Ma~oU Wahlsten, City Clerk
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ICfej9.in~ j~ lil In:te and ~
~~Y 61 ~~tOllIIion No.f-97--/rt.
B~ ~g~p.!~d by the Gty Council &,
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Resolution No. P-97 -14
Page 4
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Ma~orie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of pe~ury, that the foregbil1g Resolution, No. P-97 -14 , was duly adopted by the
City Council at a meeting of said City Council held on the 25th day of
March , 1997 and that it was so adopted by the following vote'
AYES
CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON
NOES,
NONE
ABSTAIN.
NONE
ABSENT
NONE
E:ICITY\PLANNINGIREPORT\MCUP9701,RES