Covenant Regarding Real Property 2004-096971RECORDING REQUEST BY: )
CITY OF POWAY )
WHEN RECORDED MAIL TO:"
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CITY CLERK )
CITY OF POWAY )
P O BOX 789 )
POWAY CA 92074 -0789 )
No Transfer Tax Due )
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APR 08, 2004 8:
OFFICIAL RECORDS
SAN D[EGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, .COUNTY RECORDER
FEES'; ....29`00
(This space for Recorder's Use)
APN: 277 - 220 -06
COVENANT REGARDING REAL PROPERTY
Dubreville Family Trust, dated July 1, 1997, PROPERTY OWNER ( "OWNER"
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 - 220 -06 ( "PROPERTY" hereinafter). In consideration of the approval of
MCUP 03 -09, 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In the event that MCUP 03 -09 expires or is rescinded by City Council at the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 this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
OWNER
Dated: I a� C By:
q (� �AA..�M. Dubrevilll , Trustee (Notarize) Dated: I�Z/ /� / By: � / //lai�—
Marlene R. Dubreville, Trustee (notarize)
CITY OF POWAY
Dated: By:
Niall Fritz, Director of Devel rent Services
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
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County of �/- 1/1 ��C
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On 6 AVAIM 40 1 before me, � L• 1 WCl 1 A
ate Name and Title of Officer (e g,
personally appeared �4r
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L7 proved to me on the basis of satisfactory
evidence
S. L. STILLWELL
.. COMM. #1413608
O m NOTARYPUBLIC- CALIFORNIA
SAN DIEGO COUNTY
F a - My Comm. Expires Apr. 25, 2007
to be the person s i hose name /are
subscribed to the within instrumen and
acknowledged to me that /ylfte /they executed
the same in his/ r/their authorized
capacity(ii and that by tyt's/,t eir
slgnatur�n the instrument the perso tl, c;
the entity upon behalf of which the perso s;
acted, executed the instrument
WITNESS my hand and official seal.
Place Notary Seal Above Signalu
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Description of Attached Document
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Document Date:
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Signer's Name:
❑ Individual
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0 1999 National Nolar,M,roation• 9350 De Seto Ave. PO Boa2402•Chatsworth, CA913132402 -v voa0onalnotaryorg Prod No 5907 Reorder Call Tell Free 1- 800 - 8]66827
EXHIBIT A
LEGAL
LOT 6 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.
0
RESOLUTION NO. P -04 -07
0
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 03 -09,
A REQUEST TO INSTALL TENNIS COURT LIGHTS
ON LOT 6, A RESIDENTAL LOT LOCATED ON
OLD COACH WAY IN THE HERITAGE II DEVELOPMENT
IN THE RURAL RESIDENTIAL A ZONE
ASSESSOR'S PARCEL NUMBER 277 - 220 -06
WHEREAS, Minor Conditional Use Permit (MCUP) 03 -09, was submitted by Mr. & Mrs.
Dubreville, Applicants, to permit the installation of tennis court lights on Lot 6, a residential lot
located on Old Coach Way in the Heritage II development in the Rural Residential A (RR -A)
zone; and
WHEREAS, on January 20, 2004, 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 03 -09 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 03 -09, to permit the installation of tennis court lights on Lot 6, a
residential lot on Old Coach Way located in the Heritage II development in the RR- Azone, 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 City 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 it will be set back from the property
boundaries, will utilize low impact lighting fixtures; and the light poles will be softened
by landscaping. 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.
EXHIBIT B
0 0
Resolution No. P -04 -07
Page 2
C. The light standards are limited in number and size, and the project is located on a large
site, surrounded by other large sites. 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 mitigate its visibility 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 a large parcel, which allows adequate setback to the tennis
court lighting, approximately 40 feet from the nearest exterior property line and over
200 feet from the nearest residence across Old Coach Way. 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
That the proposed conditional uses will comply with each of the applicable provisions of
Section 17.48.070 of the Poway Municipal Code.
Section 3 : The City Council hereby approves MCUP 03 -09 for the installation of tennis
court lights on Lot 6, a residential lot located on Old Coach Way in the Heritage II
development in the RR -A zone, as shown on the plans dated October 17, 2003, 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; and, (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.
•. •
Resolution No. P -04 -07
Page 3
D. The conditions of MCUP 03 -09 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:
All components of the tennis court lighting installations, including footings are
entirely outside the front yard setback.
2. The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
3. 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 Electrical /Building Permit issuance.
4. 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 (i.e. including footings) are entirely outside the
easement on -site.
5. Pursuant to Section 17.30.020.0 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.
6. 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.
7. 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,r
that dense screening landscaping will be installed so as to soften the
appearance of the light poles.
8. 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.
9. Light pole fixture height shall not exceed 18 feet. Lighting fixtures shall be a
maximum of 1,000 -watt, high - pressure sodium lighting fixtures as required by
Section 17.30 and shall be maintained for the life of the project.
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Resolution No. P -04 -07
Page 4
F. Prior to obtaining a final inspection on the Building Permits, 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. Should the lighting contractor not be able to certify the installation pursuant
to Condition F.2. of this resolution, plans shall be submitted to the Planning
Division demonstrating modifications of the fixtures and /or landscape screening,
and /or tennis court fence screening necessary to be able to meet said
requirements. Upon approval (if any) and on installation of said measures, the
applicant shall call for a follow -up final inspection.
4. Should the lighting contractor not be able to certify the installation pursuant to
Conditions F.2 and F.3 above, the approval granted herein shall be revoked and
the lighting fixtures and light poles shall be removed.
G. Upon installation of the tennis court and tennis court lights, pursuant to MCUP 03 -09,
the following shall apply:.
Pursuant to Section 17.30.020.C.3, the tennis court lighting shall be used only
between 7:00 a.m. and 10:00 p.m.
2. The required landscaping has been installed 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.
1.
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, and shall be maintained to the satisfaction of
the Director of Development Services.
Resolution No. P -04 -07
Page 5
S ection 4: The approval of MCUP 03 -09 shall expire on January 20, 2006, 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 20 day of January 2004.
ATTEST:
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 -04 -07 , was duly adopted by the City
Council at a meeting of said City Council held onthe 20th day of January 2004, and that itwas
so adopted by the following vote:
AYES: EMERY, GOLOBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
9 06)Anne Peoples, City CIEFk
City of Poway