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Covenant Regarding Real Property 2000-0662206CITY CLERK TO: 169[ DOC 2000-0 62206 No Transfer Tax Due COVENANT REGARDING REAL PROPERTY Victor K. Matsud ' J man, PROPERTY OWNER ("OWNER" hereinafter) is th : real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as AssessoCs Parcel Number 275-461-07 ("PROPERTY" hereinafter). In consideration of the approval of MCUP 00-005, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the 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, heirs, personal representatives, t ~ J assigns of the respective parties. In the event that MCUP 00-005 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of PROPERTY. In the event of litigation to enforce the p ' ' f this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. Dated: Dated: OWNER: By: /'7/-'-~-h 7v~/[~ Victor K. Matsuda (Notarize) CITY OF POWAY Niall Fritz, Director of Deve~ment Services 1692 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of "~ V' ,~/t: ~-~ .~ ss, On personally appeared , before me, _F'/-.//-/f~g) '/ ~. Z~,(, Vier /4. F E~roved to me on the basis of satisfactory evidence 122.4955 :a~ifomia 1,200 to be the person(~) whose name~) subscribed to the within instrument and the same in ~/h~--Rt'~ authorized and that by ~/heff'd'miT signature'S) ' ' ~), or the entity upon behalf of which the person(~ acted, Title or Signer(s) Other OPTIONAL Capacity(ies) · ~,'4' ~'-¢~,,e~, ' ~L~" Individual [] Title(s): · ~ Partner--~_ Limited ~ General L~ Trustee © Other: 1693 "EXHIBIT A" LOT 64 OF POWAY TRACT NO. 84-08, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12044, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1988, TOGETHER WITH THE SOUTHERLY HALF OF HARROW PLACE AND THE WESTERLY HALF OF HARROW LANE AS VACATED BY RESOLUTION NO. 91-120 OF THE CITY COUNCIL OF THE CITY OF POWAY RECORDED NOVEMBER 1, 1991 AS FILE NO. 1991-0567612 OF OFFICIAL RECORDS, WHICH REVERTS BY OPERATION OF LAW TO SAID LOT 64. "EXHIBIT B" 1694 RESOLUTION NO. P- 00-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 00-005 ASSESSOR'S PARCEL NUMBER 278-461-25 WHEREAS, MCUP 00-005, submitted by Victor Matsuda, applicant, requests a Minor Conditional Use Permit to add eight light poles to an existing tennis court on a residential lot in the Rural Residential C zone at 14233 Harrow Place; and WHEREAS, on October 17, 2000, the City Council held a duly adverUsed public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: Section 1: The City Council finds that Minor Conditional Use Permit 00-005 is Categorically Exempt from the provisions of the California Quality Act, pursuant to Section 15303(e), Class 3 exemption, in that it is a minor alteration to an existing single family residence, involving electrical equipment. Section 2: The findings in accordance with Section 17.48.070 of the Poway Municipal Code for MCUP 00-005 to add eight light poles to an existing t ':lential lot at 14233 Harrow Place in the RR-C zone, are made as follows: The design of the proposed project lighting will meet the required lighting type, height limit, and operating hours, and it will otl~ 31y with all of the relevant codes and standards of the City of Poway. The proposed ' :lered to be an allowable accessory use in the RR-C 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 accord with the title and purpose of Section 17.48.070 of the Poway Municipal Code, the purpose of the zone in which the site is located, the City's General Plan and the development p ' ' :1 standards of the City, Bo The location and design of the proposed tennis court lighting will not create a negative visual impact on surrounding properties since it will be set back from the property boundaries, it will utilize Iow impact lighting fixtures, and the light poles will be softened by landscaping. Therefore, the location, size, design and operating ch of the proposed use will be compatible with, and will not adversely affect or be materially detrimental to, adjacent ':lents, buildings, structures or natural Resolution No. P- 00-84 Page 2 The light standards ara limited in number and size, and the project is located on a large lot. Therefore, the harmony in scale, bulk, coverage and density of the project is consistent with adjacent uses. D. There ara public facilities, :1 utilil' 31e. Eo The lighting will not fall beyond the property boundaries and it will be softened by landscaping to mitigate its visibility from the surrounding properties. Therafore, there will not be a harmful effect upon desirable neighborhood characteristics. The project will not incraase traffic. Therefore, the generation of traffic will not adversely impact the capacity and physical character of surrounding straets and/or the Circulation Element of the General Plan. Go The project is located on a large lot (characteristic of its neighborhood), which allows aoequate setback of lighting from adjacent properties t,~ h~eet the lighting requirements as specified in Section 17.30.020 of the Poway Municipal Code. Therefore, th 31e for the type and intensity of use or development which is proposed. The project is very limited in scope; therafore, there will not be significant harmful effects upon Iai quality and natural There are no otb mitigated. negative impacts of the proposed use that cannot be The lighting will be set back from the property boundaries, it will utilize Iow impact lighting fixtures which will not spraad beyond the property boundaries, and the lighting and light poles will be softened by landscaping. The proposed use is an allowable accessory use in the RR-C zone. Therefore, the impacts, as described above, and the proposed location, size, design and operating charactedsfics of the proposed use and the conditions under which it would be operated ~ will not be detrimental to the public health, safety or welfara, ly injurious to properties or improvements in the vicinity nor be contrary to the adopted General Plan; and Ko That the proposed conditional use 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 00-005 to add eight 18-foot-high light poles to an existing tennis at a single-family residence at 14233 Harrow Place in the RR-C zone, subject to the following conditions: 169 Resolution No. P- 00-84 Page 3 Approval of this MCUP request shall apply only to the subject project and shall not 31lance with all :the Zoning C J all other applicable City ord' fect at the time of building permit' Within 30 days of the date of this approval: (1) the applicant shall submit in wdting that all conditions of approval have been read and understood; and (2) the property owners shall execute a Covenant on Real Property. 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. The conditions of MCUP 00-005 shall remain in effect for the life of the subject rt lighting and shall run with the land and be binJing upon ful heirs, and I ~ ~ the current property owner. The conditions of MDRA 00-46 shall be complied with. Prior 1 : a Building Permit the applicant shall comply with the following: 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' Pursuant to Section 17.30.020.D. of the Poway Municipal Code, the building plans shall depict, to the satisfaction of the Director of Development Services, that the surl' ~the court will be designed, painted, colored and/or textured to reduce the reflection from any light falling on it. 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 fencing, support posts, light poles and fixtures will be painted a dark nonreflective color so as to reduce their overall visibility. Vinyl-coated chain link fencing with fence and light poles painted to match is acceptable. Pursuant to Section 17.30.020.F. of the Poway Municipal Code, the building plans (or separate landscape plans) shall depict, to the satisfaction of the Director of Development Services, that a minimum of one fast-growing, evergreen canopy-type tree will be added for each light pole, situated so as to soften the app ! the pole. 169 Resolution No. P-00-84 Page 4 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 lighl ':lentally being left on. The applicant shall submit to the Planning 13 ' * 3orr conducted by the lighting contractor d ling the existing ambient lighting. The 1all be taken in foot-candles und :fitions at a height of five feet measured at ten feet from &Il edges of the 1 rt. This report will form the basis of the required certification after installation (see Condition G-1 below). Pdor to use of the 1 lights, the applicant shall comply with the following: Pursuant to Section 17.30.020.C. of the Poway Municipal Code, the applicant shall submit a certification by the lighting contractor that all lights and light fixtures have been designud, :1, mounted, and J such that the light I off when viewed from any point above five feet measured at ten feet from the edge of the court. The lighting contractor shall also certify that all lights and light fixtures have been designed, :1, and mounted light shields installed and ~ such that the ill intensity measured at the property line shall not exceed one-half foot-candle above the ambient light levels established by the rel: J in Condition F-6 of this Resolution. Should the lighting I be able to certify the installation pursuant to Condition G-1 of this R plans shall be submitted to the Planning Division demonstrating modifications of the fixtures, End/or landscape screening, and/or tennis court fencing screening necessary to be able to meet said requirements, to the satisfaction of the Director of Development Services. Upon approval (if any) and installation of said the applicant shall call for a follow-up final inspection. Should the lighting contractor, regardless of any approved modifications to the lighting fixtures and court design, not be able to certify the installation per Condition G-1 of this Resolution, the approval granted herein shall be revoked and the light poles and fixtures shall b :1. Upon establishment of the tennis court lights, pursuant to MCUP 00-005, the following shall apply: Pursuant to Section 17.30.020.C.3. of the Poway Municipal Code, the tennis court lighting shall be used only between 7:00 a.m. and 10:00 p.m. 1 6 S -~,esolution No. P-00-84 Page 5 o The required landscaping which has been installed between the fence and property line and in the setback area adjacent to the outside of the court fencing, pursuant to Section 17.30.020.F. of the Poway Municipal Code, shall be maintained in a flourishing manner to the satisfaction of the Director of Development Services. o The court and fixture finishes, any shielding of the light fixtures required under these conditions (pursuant to Section 17.30:020 of the Poway Municipal Code), as well as the required 1,000-wattage fixtures, shall I: :1 for the life of the court and fixtures, to the satisfaction of the Director of Development Services. Section 4: The approval of MCUP 00-005 shall expire on October 17, 2002 at 5:00 p.m. unless prior to that time a building permit has been issued and ~ the property in the MCUP approval h :1 prior to its expiration. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 17th day of October 2000. ATTEST: Mich'" Peoples, City Cl~rk STATE OF CALIFORNIA ) )ss, COUNTY OF SAN DIEGO ) 1699 Resolution No. P- 00-84 Page 6 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-00-84 was duly adopted by the City Council at a meeting of said City Council held on the 17th day of October 2000, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE City of Poway