Covenant Regarding Real Property 1997-0484741. . .11111111111111I1111I111I1~~~~j~ 11111111111111111111111
RECORDING REQUEST BY: ) DOC" 1997-04B4741
l Tv' 489
CITY OF POWAY SEP 30. 1997 12:57 PM
)
WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS
) SAH DIEGO COUHTY RECOROER'S OFFICE
CITY CLERK ) GREGORY J. SMITH. COUHTY RECORDER
CITY OF POWAY ) FEES: 25.00
POBOX 789 )
POWAY CA 92074-0789 )
)
No. Transfer Tax Due ) (This space far Recarder's Use)
COVENANT REGARDING REAL PROPERTY
Michael Grant ("OWNER" hereinafter) is the awner of real praperty described in Exhibit A which is
attached hereto and made a part hereof and which is commonly knawn as Assessar's Parcel Number 321-
111-21 ("PROPERTY" hereinafter), In consideratian af the approval af Minor Conditional Use Permit 97-03
by the City of Paway ("CITY" hereinafter), OWNER hereby agrees to abide by canditions af the attached
resalutian (Exhibit B),
This Cavenant shall run with the land and be binding upan and inure to the benefit af the future
owners, encumbrancers, successors, heirs, persanal representatives, transferees and assigns af the
respective parties,
In the event that Minor Canditional Use Permit 97-03 expires or is rescinded by City Cauncil at the
request af the OWNER, CITY shall expunge this Covenant from the recard title af the PROPERTY,
In the event af litigatian to. enfarce the provisians of this Covenant, the prevailing party shall be entitled
to full reimbursement af all casts, including reasanable attarneys' fees, from the other party,
M-b;&~*<'J,;)*
Dated:
tj - tl- L/- 17
Dated:
c;-Jf) ~'11)
"mYo~~ d ~4
..',
.
. 490
CAUFORNIA ALL.PURPOSE ACKNOWLEDGMENT
.
State at ~
Cauntyat ~~ '
On ~~ ;;l~ /99~1 ~et~e)me, ~~:7!!o~f1M,~
persanallyappeared rru ~ . ~ '
Name(s)otSigner(s)
)i'personally known to. me - OR - 0 proved to. me an the basis at satistactary evidence to be the persan(s)
whase name(s) is/are subscribed to. the within instrument
and acknawledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) an the instrument the persan(s),
ar the entity upon behalf ot which the persan(s) acted,
executed the instrument.
- - - '" '"
DONNA STEilliNS (
.. Comm #1074025 ~
: OTARYPUBllC CAlIFORN'''W
SAN DIEGO COUNTY 0
"'01\ \ Comm. Exp, Oct 1, 1999 ...
WITNESS my hand and afficial seal.
~~
Signature 01 Notary Public
OPTIONAL
Though the information below is not required by Jaw, it may prove valuable to persons refying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title ar Type at Dacument COw..f\~ ~~ M ~~~
Dacument Date:
Number at Pages:
'J.-t
Signer(s) Other Than Named Abave: ---.lJ 0 D 0
Capacity(ies) Claimed by Signer(s)
Signer's Name: llic..l\Cl~l A -GN:trrt-
Signer's Name:
Xi Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attarney-in-Fact
o Trustee
o Guardian ar Canservatar
D Other: Top of thumb here
o Individual
o Carporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservatar
o Other: Top of thumb here
Signer Is Representing:
Signer Is Representing:
C 1994 National Notary Association" 8236 Remmel Ave., P.O. Boll: 7184. Canoga Park, CA 91309.7184
Prod. No. 5907
Reorder: Call Toll-Free 1.60().876-6827
.
.
.
, ,
(491
Legal Description
Parcel 1 of Parcel Map No, 17458, in the City of Poway, County of San Diego, State of
California, according to Map thereof filed in the Office of the County Recorder of San Diego
County, December 15, 1994 as File No, 1994-71444 of Official Records,
Exhibit A
.
492
.
RESOLUTION NO. P- 97-42
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 97-03
ASSESSOR'S PARCEL NUMBER 321-111-21
WHEREAS, Minor Conditional Use Permit 97-03, submitted by Michael Grant,
Applicant, requests approval to install eight lights to a proposed tennis court located at
15525 Westview Rd. (off of Highway 67 and Mina de Oro Rd,), within the RR-A zone,
WHEREAS, on August 26, 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 Findinas:
The City Council finds that this project is not subject to the California 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: Findinas:
1, The approved 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 A zone,
2, That the approved 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 be screened from surrounding properties,
3, That the approved development is in compliance with the Zoning Ordinance,
in that it complies with lighting standards, and all other property development
standards of the Rural Residential A zone,
4. That the approved 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 on large acreages.
5, That there will not be significant harmful effects upon environmental quality
and natural resources in that the project is considered an accessory use to
a single family residence, and conditions of approval for the project requiring
landscape screening and limited hours of operation for the tennis court lights
will mitigate potential negative impacts,
EXHIBIT B
.
493
.
Resolution No, P- 97 -42
Page 2
Section 3: City Council Decision:
The City Council hereby approves Minor Conditional Use Permit 97-03 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,'
3. Comply with Resolution No. P-97-31 for CUP 97-04/MDRA 97-12,
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 of building
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 applicant shall 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 ten foot high fence(measured from the finished grade of the court) shall
be allowed,
, .
.
.
494
Resolution No. P- 97 -42
Page 3
7, A maximum of eight lights shall be permitted of a height not to exceed 18 feet. All
lights and light fixtures shall be certified by the installation contractor:
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 one-half
foot-candle 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 watt high-pressure sodium,
8, Hours of operation for ODurt lights shall be restricted to the period between 7:00 a,m.
and 10:00 p,m.
9, The fencing, support posts, light poles and fixtures shall be painted a dark non-
reflective color so as to reduce their overall visibility. Vinyl-coated chain link fencing
with fence and light poles painted to match is acceptable,
10, A landscape and irrigation plan for the area between the tennis court fence and
property line shall be submitted 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 views 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.
11, The surface area of the court shall be painted a color that reduces the reflection
from any light incident thereon.
, .
". "
.
495
.
" .
Resolution No, P- 97 -42
Page 4
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 26th day of August, 1997.
~~~\"~~
Don Higginson, Mayor 0
'j"J~t,..,
, Wahlsten, City Clerk
1 hereby certify, under the penalty
01 periury, that the above and
foregoing is a true a~d corred
copy of Resolution NoF- 'l7-~
as adopted by the City Council of
Poway, California on the JtdIc
day ofOt~,,~* ,19 ti,
MARJORIE , W AHLSTEN, CITY CLERK
b~~~
ATTEST:
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 perjury, that the foregoing Resolution, No, P-97 -42 , was duly adopted
by the City Council at a meeting of said City Council held on the 26th day
of Augus t , 1997, and thatit was so adopted by the following vote:
AYES:
CAFAGNA, EMERY, GOLDBY, HIGGINSON
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
REXFORD
l<' 70~t
Wahlsten, City Clerk
ay
E:\CITY\PLANNINGIREPORT\MCUP9703,RES