Covenant Regarding Real Property 1999-0631004RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
DOC 40 1999-0 31004
SEP 15N 1999 0 :36
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
1912 FEES: 25.00
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1999- 0631004
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Kelly and Laurie Burt ( "OWNERS" hereinafter) are the owners of real property
described in Exhibit A which is attached hereto and made a part hereof and which is
commonly known as Assessor's Parcel Number 277 - 201 -20 ( "PROPERTY" hereinafter).
In consideration of the approval of Minor Conditional Use Permit 99 -04 by the City of
Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached
resolution (Exhibit B).
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In the event that Minor Conditional Use Permit 99 -04 expires or is rescinded by City
Council at the request of the OWNER, 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.
Dated: q/
Dated: VIM
Dated: I
CITY OF POWAY
By:
Niall Fritz, Director of D velopment Services
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N \PLANNING \99REPOR1VMCUP9904.COV
.CALIFORNIA ALL- PURPOR ACKNOWLEDGMENT
State of No ho A L it
County of P o
1913
On lQ) rt before me, �CLY J Ohek Son
Date j K I Name and Title of ✓�(� Office (e.g., 'Jane Doe, Notar Public")
personally appeared r \e 1 "4 � U_( k () l
✓��— i t I)w
U personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the persons)
whose names) is /are subscribed to the within instrument
and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by
— — — — — — — — — — — — — his /her /their signatures) on the instrument the person(s),
eAMnRAJ JOHI19oN ■ or the entity upon behalf of which the persons) acted,
cORtl executed the instrument.
Notary PubOC —CaBMnb
San Dl Canty
Nlyccmm. E1;hesNtta t ,2MI r WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not required bylaw, 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 of Document:
Document Date:
Signers) Other Than Named Above:
Capacity(il Claimed by Signers)
Signer's Name
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: Top of thumb here
Signer Is Representing:
Signer's Name:
❑ Individual
Number of Pages:
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited
❑ Attorney -in -Fact
❑ Trustee
❑ General
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
0 1994 National Notary Association • B236 Remmet Ave, PC Box 7184 • Canoga Park, CA 91309 -7184 Prod No 5907 Reorder: Call Toll-Free 1. 800 -876 -6827
EXHIBIT A
LEGAL DESCRIPTION
0, 1914
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 2:
LOT 34 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 COUNTY, DECEMBER 17, 1998.
PARCEL2:
NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, INSPECTION,
MAINTENANCE, REPAIR, DRAINAGE, ENCROACHMENT, SUPPORT AND FOR
OTHER PURPOSES, ALL AS DESCRIBED IN THE DECLARATION, AND ANY
AMENDMENTS THERETO.
N' \PLANNING \99REPORPMCUP9904.LEG
• EXHIBIT B •
1915
RESOLUTION NO. P- 99 -65
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 99 -04
ASSESSOR'S PARCEL NUMBER 277 - 201 -20
WHEREAS, Minor Conditional Use Permit 99 -04, submitted by Mc Cullough -Ames
Development, Applicant; and Kelly and Laurie Burt, Owners, requests approval to install
eight lights to an existing approved tennis court located at 14385 Ciera Court, the Old
Coach Golf Estates Planned Community zone; and
WHEREAS,: on August 31,:1999, the City Council held a hearing on the above
referenced item.
WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90 -day period to protest the imposition of any fee, dedication,
reservation, or other exaction described in this resolution' begins on the effective date of
this resolution and any such protest must be in a mannerthat complies with Section 66020.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings
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: Findings
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 Planned Community (PC) 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 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 Planned Community (PC) zone.
4. That the approved development encourages the orderly and harmonious
appearance of structures and property within the City, in that all surrounding
1 91E
Resolution No. P- 99 -65
Page 2
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
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 99 -04 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 recreational uses.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES,
PLANNING DIVISION.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file in the
Development Services Department, Planning Division, and the conditions contained
herein.
2. Revised site plans and building elevations incorporating all conditions of approval
shall be submitted to the Development Services Department, Planning Division,
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
• • 1917
Resolution No. P -99 -65
Page 3
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 of eight lights 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:
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.
Be designed, constructed, mounted and maintained such that the maximum
illumination intensity measured at the property line shall not exceed one -half
candle foot above ambient levels.
C. Said certification shall be provided to the Development Services Department,
Planning Division, 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.
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 submitted to the Development Services Department, Planning
Division 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 Development Services. Installation of all landscaping
and irrigation shall occur prior to final inspection.
9. The surface area of the court shall be painted a color that reduces the reflection
from any light incident thereon.
10. Comply with all conditions for MDRA 99 -50.
• • 1918
Resolution No. P -99-65
Page 4
11. Observe a minimum five foot (5') setback from the top or toe of slopes to the tennis
court.
APPROVED and ADOPTED by the City Council of the City of Poway, State
of California, this 31 st day of August 1999.
ATTEST:
it T
Lori Anne Peoples, City Cle k
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
) SS.
Michael P. Cafag
I hereby codify. under the penalty of
perjury, that the above and
foregoing Is o true and correct copy
of Resolution No. 919
as adopted by the City Council of
Poway. California on the Q a
M
A"M 01h
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 -99 -65 was duly adopted by the
City Council at a meeting of said City Council held on the 31 st day of August, 1999 and
that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
GOLDBY, NIGGINSON, REXFORD, CAFAGNA
EMERY
NONE
NONE
A , r
Lori Anne Peoples, City Clerk
City of Poway
n:\planning\99report\mcup9904.res