Covenant Regarding Real Property 2011-0123419AA U RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
D0C ## 291 1 - 0129419
111111111111111111111111111111111111111111111111111111111111111111111 IN
MAR 07, 2011 3:59 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr , COUNTY RECORDER
FEES: 3700
PAGES: 8
(This space for Recorder's Use)
APN: 277 - 220 -34
COVENANT REGARDING REAL PROPERTY
Keith Soares, OWNER ( "OWNER" hereinafter), is the owner of real property which is
commonly known as 14170 Bryce Point ( "PROPERTY hereinafter) and is more fully described as:
Lot 34 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.
In consideration of the approval of MCUP 10 -01 by the City of Poway ( "CITY" hereinafter),
OWNER hereby agrees to abide by the conditions of approval contained in the attached
Resolution (Exhibit A).
This Covenant shall run with the land and be binding upon and inure to the benefit of the
future owners, encumbrances, successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that MCUP 10 -001 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by the MCUP 10 -01, upon the request of the OWNER the City shall
expunge this Covenant from the record title of the PROPERTY and MCUP 10 -01 shall be of no
further force or effect.
If either party incurs costs as a result of filing a civil action to enforce the provisions of this
Covenant, the prevailing party shall be entitled to full reimbursement of all posts, incl
reasonable attorneys' fees, from the other party.
OWNER:
Dated:
Dated: Z //3 //v
.Keith Soares (Notarize)
CITY OF POWAY:
By:
Rob rt J. Manis, D' ector of Wfevekto nt Services
M \planning \10repoftncup \MCUP 10 -01 Soares \cov.docx
10 -laa
..A 9SA A...'•1<�f {AS..p<! fCAS ..A*•WW':aNAf.,'�.."N..A..H..A
State of California l
County of -sue { �JC!i 0 J
On 4, 30/0 before me,
Data / Here Insert Name And Thin of the Officer�_
personally appeared / z
PHYLLIS SHINN
Commission # 1778898
V Notary Public - Collfomia i
son Diego County
Comm. es Nov 9, 2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(W whose name(, is/a)4b- subscribed to the
within instrument and acknowledged to me that
he /she /toy executed the same in hlsRhiir /th'�ir authorized
capacity(ie, ), and that Yy his /Wr /thAr signature(XIon the
instrument the person (A), or the entity upon behalf of
which the person(k acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the.laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand a official seal.
Signature
3ignatwe of No ary PubLc
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
Title or Type of Document:
Document Date /Z - 7
Signer(s) Other Than Named Above,
Capacity(ies) Claimed, by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMaPRINT
OF SIGNER'
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
GNER
RIGHTTHUMB ,
0 " `GE SIn
02007 National Notary Association• 9350 Ce Soto Ave, PO Box 2402• Chatsworth, CA 91313- 2402 -w NationairmAryom Item5907 Reorder Call Toll Free 1- 800 -876 -6827
RESOLUTION NO. P -10 -14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 10 -01
ASSESSOR'S PARCEL NUMBER 277. 220 -34
WHEREAS, Minor Conditional Use Permit'(MCUP) 10 -01 was submitted by Keith
Scares, Applicant, to permit the installation of 'lights on a. previously approved
recreational court located at 14170 Bryce Point, in the Rural Residential A (RR -A) zone;
and
WHEREAS, on April 6, 2010, 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 10 -01 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 as part of an existing single- family residence.
Section 2 : The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), to approve MCUP 10 -01 to permit the installation of lights -on a
recreational court approved through MDRA 08 -22, located at 14170 Bryce Point in the
RR -A zone, are made as follows:
A. The design of the proposed recreational 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 PMC 17.48.070, the purpose of the zone in which the site is
located, the General Plan, and the development policies and standards of the
City.
B. The location and design of the proposed recreational court lighting will not create
a negative visual impact on surrounding properties, as the recreational court is
situated within the side yard and will be screened to most adjoining parcels by
the residence. Landscaping installed around the perimeter of the recreational
court will reduce the visibility of the lights from surrounding properties.
Additionally, there are large open space areas of native vegetation that separate
the recreational court from adjacent properties. The court lights will not impact
the residences on the adjacent parcels, as the court lights will be located on the
side of the parcel and will be partially shielded by the residential structure. The
lights are required to be shielded, and vegetation required by the conditions of
Exhibit A
Resolution No. P -10 -14
Page 2
approval, will screen the court lights. 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.
C. The light standards for the recreational court are limited to a maximum of 8 lights
and a maximum height of 18 feet. 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 will be
softened by landscaping to reduce visibility of the lights from the surrounding
properties. The lighting will further be shielded by screening on the recreational
court fencing. Therefore, there will be no harmful effects upon desirable
neighborhood characteristics.
F. The project is located on a 5.3 -acre parcel within The Heritage development.
Adjoining parcels, to the south, east and west already contain lighted tennis
courts. Landscaping will be required to screen the court and lights, and the
separation between the court and surrounding residences will reduce the
potential to view the lights. Therefore, the site is suitable for the type and
intensity of use or development that is proposed.
G. The project is limited in scope and built within a developed portion of the parcel:
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.
I. The proposed conditional use will comply with each of the applicable provisions
of PIVIC 17.48.070.
Section 3 : The City Council hereby approves MCUP 10 -01, for the installation of four
lights on an existing recreational court located at 14170 Bryce Point, in the RR -A zone,
as shown on the plans dated January 7, 2010, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
Resolution No. P -10 -14
Page 3
limited to, any action to attack, set .aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
disagreement between the City and applicant regarding litigation issues, the City
shall have the, authority to control the litigation and make litigation - related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. 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.
C. 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.
2. The property owners shall execute a Covenant Regarding Real Property.
D. 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.
E. The conditions of MCUP 10 -01 shall remain in effect for the life of the subject
recreational court and court lighting, and shall run with the land and be binding
upon future owners, successors, heirs, and _transferees of the current property
owner.
F. Prior to issuance of a Building Permit, the applicant shall comply with the
following.
1. The: applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
2. 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 Building Permit issuance.
3. The site shall be developed in accordance with the approved site plan on
file in the Development Services Department and the conditions contained
herein.
Resolution No. P -10 -14
Page 4
4. Pursuant to PMC 17.30.020.G; 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.
5. Pursuant to PMC 17.30.020.E, 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.
6. Pursuant to PMC 17.30.0201, the building plans shall depict, to the
satisfaction of the Director of Development Services, that evergreen
screening landscaping will be installed around the recreational court to
screen the lights from surrounding properties, so as to restrict visibility of
the light poles.
7. 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 pr' event the lights from accidentally being left on, and that they
will automatically shut off at 10:00 p.m.
8. Light.standards height shall not exceed 18 feet. Lighting fixtures shall be a
maximum of 1,000 -watt, high - pressure sodium as required by Chapter
17.30 PMC, and shall be maintained for the life of the project. Metal halide
lighting is prohibited.
G. Prior to obtaining a final inspection on the Building Permit, the applicant shall
comply with the following:
1. The recreational 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 from a lighting contractor that all
lights and lighf 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 liner shall not
exceed one -half foot - candle above ambient light levels
H. Upon installation of the recreational court lights, pursuant to MCUP 10 -01, the
following. shall apply:
Resolution No. P -10 -14
Page 5
1. Pursuant to PMC 17.30.020.0 3, the recreational court lighting shall be
used only between 7:00 a.m. and 10:00 p.m., and an automatic timer shall
be programmed to automatically shut the lights off at 10:00 p.m.
2. The plant materials identified on the approved landscape plan have been
installed along the recreational court fence where visible from adjacent
and surrounding properties, and said landscaping shall be maintained in a
flourishing manner, to the satisfaction of the Director of Development
Services.
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 PMC 17.20.020.G, and shall
be maintained to the satisfaction of the Director of Development Services.
Section 4 : Pursuant to Government Code Section 66020, the 90 -day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on April 6, 2010.
Section 5 : The approval of MCUP 10 -01 expires on April 6, 2012, 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 6 day of April 2010.
r
Don Higginson, M jror
Resolution No. P -10 -14
Page 6
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 10 -14, was duly adopted by
the City Council at a meeting of said City Council held on the 6` day of April 2010, and
that it was so adopted by the following vote:
AYES: Boyack, Cunningham, Rexford, Kruse, Higginson
NOES: None
ABSENT: None
DISQUALIFIED: None
a . Troyan, MMC, City Clerk
City Poway