Covenant Regarding Real Property 2013-0206589 � ��� _ ��� �-�������
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`'� RECORDING REQUEST BY:
� APR 02, 201 S 4:17 PM
\� CITY OF POWAY I OFFICIAL RECORDS� �
� SAN DIEGO.COUNTY RECORDER'S OFFICE 'i
WHEN'RECORDED MAIL TO: � Emes!J. Dronenburg,Ji.,COUNTY RECORDER I
) FEES:-. 34.00. ,
CITY CLERK �
CITY OF POWAY ) PAGES: �
POWAYxCA992074-0789 ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I
' ) (This space for Recordei's�Use) i
APN: 321-243-10 �
COVENANT REGARDING REAL PROPERTY
Mikkel Ch�istensen, OWNER ("OWNER" hereinafte�), is the owner of real property commonly I
known as 14407 Twin Peaks Road ("PROPERTY hereinafter), and more fully described,as
LOT 54 OF COUNTY OF SAN DIEGO TRACT 3864; IN THE CITY OF POWAY, I
COUNTY OF SAN DIEGO; STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 9766, FILED IN THE OFFICE OF THE`COUNTY RECORDER OF SAN �
DIEGO COUNTY, AUGUST 20, 1980.
In consideration of the approval of Minor Conditional Use Permit (MCUP) 12-001 by the City of
Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained '
in the attached Resolution (ExtiibifA).
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This CovenanY shall run with the land�and be binding upon and inure to the benefit ofthe future '
owners, encumbrances, successors, heirs, personal representatives,. transferees ,and assigns of the �
respective parties. i
In the event that MCUP 12-001 expires or is rescinded by City Council, or the OWNER I
terminates the use permitted by MCUP 12=001, upon the reguest -of the OWNER the City shall
expunge this Covenant from the reco�d title of the PROPERTY and' MCUP 12-001 shall be of no
further force or effect. ' �
If either party ,incurs costs' as a resuR of filing a civiC action to enforce the provisions of this I
Covenant, the prevailing party shall'be entitled to full reimbursement of all costs, including reasonabie
attorneys`fees; from the:otherparty.. �
OWNER: Mikkel Chris nsen I
Dated: 3 0� O/�
(Nota�ize i
CITY OF POWAY:
Dated: By:
o ert J. Manis, ir cto of evelo ent Services
� � `J��
� �
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEPIT
State of'California 1
County of J�i1/ /�C U
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On �Q �Z ZD before me; ��YLU.S �I Ff/N�r/ 6i/or,sC,2y �(i/�.�L [ C_.,
Date �/I� Here Insert ma entl TOa ot ihe O icen
personallyappeared I'r � I K K EL C'ffR(5TC�/,SL-dv
� nleme(s)oi Signer(s)
who proved to me on the basis of satisNactory evidence to
be:theperson�wfiose name(�is/�subsc�ibed to 4he
within instrumerit and acknowledged to me that
he/s'�tl�executed thesame in his/F}�r/tF,1�'r authorized
capacity(i�±and that by his/I}�[/tF�r signature(�on the
�� S SHINN instrument the person(�, or the. entity upon behalf of
Commie3iori a 1�62f5 which the-person(�acted,executed the instniment.
� Nohry_Publie;C5lifamia �z� �
San DiepO'Coumy ' '
Mr.Comm.Ea iresNor9.20�5� I certify under PENALTY OFPERJURY under the laws
of the Statg of California that the foregoing paragraph is
true and correct.
WITNESS my hand tl official seai.
Signatu�e °� <d�'���J
Place Notary S¢21 Above OPTIONAC � . SigneNre al Noiary PuWic:
Though the.inlormation below is not required tiy law,it may prove:valuab/e fo persons relying on.the�document .
arid could prevent lraudu/ent removal and reattachment ol this lorm to another document. . ,
Description of Attached ocument. n
Title orType of,Document: �I�E/1�`f'/UT�E�j/J�-J�Ny �G�L J'��J�L�/ /
Document Date: V�" [�/YC'Cff ZZ 2� Number of Pages: W
Signer(s)�OtherThan Named Atiove� _ � �/��1�� � � ��'�
Capacify(ies) Claimed.by Signer(s)
Signer's Name: Signer's Name:
❑� Indiviilual ❑ Intlividual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—O Limited ❑General ❑ Partner—� Limi[ed ❑ Generaf
❑ Attorney in�Fact � ' ❑Attorney in Fact • '
❑ Trustee ToP oi mume ne�e �Trustee ToP ocmume ne�e
❑ Guardian or Conservator �Guardian or Conservator
❑ Othec ❑Other:
Signer Is Representing: Signer is'Representing:
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• � • I
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RESOLUTION NO. P-13-03 I
A RESOLUTION OF THE GITY COUNCIL
OF THE CITY OF P01NAY, CALIFORNIA
APPROVING'MINOR CONDITIONAL USE PERMIT 12,001
AND MINOR DEVELOPMENT REVIEW APPLIGATION 12-019.
ASSESSOR'S PARCEL NUMBER 321-243-10 I
WHEREAS, Minor Conditional Use Permit (MGUP) 12-001 and Minor �
Development Review Application (MDRA) 12-019 were submitted 6y Mike Ghnstensen,
ApplicanUProperty Owner, to allow the establishment of an outdoor; lighted recreational
court on the developed single-family.property located at 144U7 Twin Peaks Road, in the
Rural Residential C (RR-Cj'zone; and
WHEREAS, on February 5, 2013, the City Council held'a duly advertised public %
hearing to solicit comments from the public, both pro and con, relative to this I
application.
NOW, THEREFORE, BE ITRESOLVED by the City Gouncil of the City of Poway �
as follows: �
Section 1: The City Council finds that,the project is exempt:from the p,rovisions of the I
Califomia Environmental Quality Act (CEQA); as a Class-3 Categorical. 'Exemption, �
pursuantto Section 15303 of the CEQA Guidelines, in,that it involves the construction of
an accessory structure as pan•of an existing single-family residence.
Section 2: The findings, in accordance with Section 17,48:070 of the Poway
IVlunicipal Gode:(PMG), to approve MCUP 12-001 to allow�the installation ofan outdoor
lighted recreational court, aremade as follows: ,
A. The design of the proposed recreational court Jighting will meeY the required
lighting type, height.limit and operating hours, and will otherwise comply with all
of the relevanf'codes and s4andards of the City ofi Poway: The proposed use is
considered to be an allowable accessory use in the zone, with the approval of a !
Minoo Conditional Use Permit. Ther,efore; the proposed location, size, design, I
and'operating;characteristics of tHe proposed use are in;accordance with the title
and purpose of PMC 17.48.070, fhe 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 significantnegative visual impact on surroundingproperties, as the ?ecreational I
court will be generally screened from most'adjoining parcels .by the' location of i
the existing residence. Existing landscaping on adjoining properties and
landscaping thaf will be installed a�ound the perimeter of the recreational court �
will reduce`the visibility of the liglits from surrounding properties. Ad'ditionally,
there are large open space areas `of native vegetation that separate the
recreational court from adjacent properties. The lights are required to be
shielded and will minimize glare. Therefore, the location, size, design, and
Exhibit A
• � • Resolution No. P-13-03
� • Page 2
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 mazim,um of eight
lights, with a maximum height of 18 feet: Therefo�e, the'ha�mony in'scale, bulk,
coverage, and density of the p�oject is consistent with adjacent uses.
D. There are pu6licfacilities, services, and utilities available.
E. The proposed lighting wilf be directed to vuithin the 'project boundaries,.will be
shielded, and will be softened by landscaping to reduce visibility of the lights from
the surrounding properties. 'Tlierefore, there will be no harmful effects upon
desirable neighborhood characteristics:
F. The project'is limited in scope and.built within a developed portion of tfie parcel;
therefore, there will be no signifcant harmful effects upon environmental quality
and natural resources.
G. The proposed use is an allowable accessory use in the RR-C zone. Therefore,
the :impacts, as described above, the proposed location, size, design, ,and ,
operating characteristics,of"the p�oposed 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.
H. The proposed conditional use vuill comply'with each of fhe applicable`provisions
of PMC 17.48.070.
Section 3: The City Council fiereby approves MCUP 12-001 and .MDRA 12=019 for
the establishment of an outdoor, lighted recreational court, as shown on the stamped _
approved plans on file.with the Gity, su6ject to the following conditions: • ,
A. The applicant shall defend; indemnify, and hold harmless the. City, its agents,
offcers, and•employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attomey's fees, against the City or its agents,
officers; or employees, relating �to the issuance of this permit, including,. buf not
limited to, any action fo attack; set aside', void, challenge, or annul 'tFiis
development approval and any environmental document or decision. The Ciry
may elect ta conduct its own defense, �participate in its own defense, or obtain
independent legal counsel in defense of any claim related to:this indemn�cation.
In the event.of�such.election, applicant;shall pay all of the costs related thereto,
including without limitation reasonable,attorney'sfees and costs. In 4he event of
a disagreement between the City and applicant regarding ,litigation issues, the
City shalf haVe-the authority to 'control fhe: litigation and make litigation-re.'lated
iiecisions, including, but not limifed to, settlement or other disposition, of the
matter. However„ the applicant shalf not be required to pay or perform any
settlement unless such settlement isapproved by applicant.
• �esolution No. P-13-03
, . Page 3
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B. Approval of this project shall not waive'compliance with all sections of the Zoning �I
Ordinance and ali other appiicable City Ordinances in effecf at the time of i
Building Pe�mit issuance.
C. Wdhin 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 owner shall execute a Covenant Rega�ding Real Property.
D. The use conditionally granted by this approval shall nof be:conducted in such a i
manner as. to interfere with the reasonable use and enjoyment of surrounding �
residential uses.
E. The conditions shall' remain in effecf 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. �
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F. Prior to issuance of a Building Permit, the applicant shall comply with the '
following: I
1. The applicant shall comply with the latest adopted Uniform Building Code, I
National Electric Code, and all other applica6le codes and ordinances in
effecf afthe time ofBuilding Perrnit issuance. �i
2. The,;site,shall be developed in acco�dance with the approved site plan on I,
file in the Deyelopment Services Department�and the conditions contained
herein.
3. Pursuant to PMC 17.30.020.C, the applicant shall submif lighting plans ;
that reflect that the l'ighting wifl be shielded from the adjacent properties, to
the satisfaction of the Director of Development;Seryices.
�
4. Pursuant to PMC 17.30.020.E, the building plans shall. depict, to the
satisfaction of the Director of Deyelopmenf Services, th"at the support
' posts; light poles; and�fixtu�es will 6e painted a°dark non-reflective colorso
as to reiiuce their overall visibility. � '
5. Pursuanf to PMC 17.30.020:F, tlie 6uilding plans shall depict, to the �
�
satisfaction of the Director of Developmerrt Services, that evergreen
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screening landscaping will be installeii around the rec[eational court to I
screen the lights from surrounding properties, so as to restrict v'isi6ility of
the,light poles.
6. 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 prevent the lights from accidentally being left on, and that they
will automaticallyshut off at 10:00 p.m.
• • Resolution No. P-13-03
. . Page 4
7. Light standards height shall not exceed 18 feet. Lighting fixtures'shall be
a maximum of 1,000-watt, high-pressure sodium as required 6y Chapter
17.30 PMC, and shall be maintained for the life of the. project., :Metal
fialide 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 Jights 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 light fixtures have _been designed, const�ucted, mounted, and
maintained such thafthe.light source is cut off when viewed'from any point
above five feet, measured 'at.ten feet from the edge of the court. 'fhe
lighting contractor shall certify that all 'light fixtures haye been de"signed,
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 lighti levels:
H. Upon installation of the recrea4ional court lights, the following sFiall apply:
1. Pursuant to FMC 17.30.020.C:3, the recreational court lighting shall be
used only between 7:00_a.m. and 10:00 p.m., and an automatic timer`shall
tie programmed to automatically shut the lights off at 90:00;psm.
2. The plant materials identified on the approyed site plan have been
installed along tfie. recreational court fence where Visible from adjacent
and sur�ounding prbperties; 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 numbec, size; height; and IigM shields,
which shall meet the requirements for shielding tfie light fxtures: The
maximum height of lights shall not exceed 18 feet from grad'e. The
applicant shall comply with the reguired maximum 1,000-watt, high-
pressure sodium lighting fixtures pursuant to RMC 17:20.020.G, and shall
be maintained to the satisfaction of the Director of Development Services.
Section 4: The parties are hereby informed that;the time within which judicial.review
of this decision must be sought is governed by Section 1094.6 oftfie California Code of
Civil Procedure.
• �esolution No: P-13-03 �
. - . � Page 5 �
Section 5: The approval of the project expires on :Februarv 5 2015 at 5:00 p.m. i
unless, prior to that time, a Building Permit.has been issued, and construction on the
property in �eliance on the MCUF approval has commenced.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, �
State of California, this 5th day of Fetiruary 2013.
� e
Don Higginson,.May �
ATTEST:
IN,� N� � (�i,b,,r �
Kristen . Crane, Interim City Clerk I
i
,
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Knsten M. Crane, Interim City Clerk of the City of Poway, do, hereby certify,
under the penalty of peryury, that the foregoing Resolution No. P-13-03, was duly
adopted by the City Council af a meeting of said City Council held on the 5th day of
February 2013, and that iYwas so adopted by the following vote:
AYES: CUNNINGNIaM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE I
'rl N' VwY►'U �
, Kristen . Crane; Interim City Clerk
City of Poway