Covenant Regarding Real Property 2015-0635056RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 321 - 161 -07
DOC# 2015- 0635056
II II III I II II IIII I III II I I II IIII II II I I III I it
Dec 11, 2015 11:21 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $54.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
PAGES: 14
Real Asset Solutions GMBH ( "OWNER" hereinafter), is the owner of real property commonly
known as 15750 Blue Crystal Trail ( "PROPERTY hereinafter), and more fully described in the attached
Exhibit A and made a part of hereof.
In consideration of the approval of Minor Conditional Use Permit (MCUP) 14 -004 and Minor
Development Review Application (MDRA) 14 -033 by the City of Poway ( "CITY" hereinafter), OWNER
hereby agrees to abide by the conditions of approval contained in 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, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that MCUP 14 -004 and MDRA 14 -033 expires or are rescinded by City Council, or
the OWNER terminates the use permitted by MCUP 14 -004 and MDRA 14 -033, upon the request
of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY and
MCUP 14 -004 and MDRA 14 -033 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 costs, including reasonable
attorneys' fees, from the other party.
OWNER: Real Asset Solution BH
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Nicholas Naatz (Notari e)
Its: Authorized Agent
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Dated
CITY OF POWAY:
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R&e4 J. Manis, D�rector of ev lop ent Services Dated of
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California j� )
County of J I -P e ) /
On , 2.Dl S before me, �'c t L • � � �t ¢ C) y l ( C
Date Here Insert Name and Title of the Offi
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personally appeared (' �� / V ,5i[ ,::� -� 7Z-
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(jj whose name( is /QED
subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in
his /haa*Agr authorized capacity(keo, and that by his/her signature {oon the instrument the person(W,
or the entity upon behalf of which the person(&) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
-----——----
DEBORAH L. MILNE c
{
a; Commission # 1982772
z Signature
Notary Public California z
San Diego County D Signature of Notary Public
My Comm. Expires Jun 22, 211
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Doc Went A 19r
Title or Type of Document: ���' CkAdc ,. Document ate:
Number of Pages: Signer(s) Other ThaW Named-Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: A (-cc &C, f Z
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardiari or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP
14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF,
LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE WEST QUARTER, CORNER OF SAID SECTION 9 AS SHOWN AND; DESCRIBED ON
RECORD OF SURVEY MAP NO. 8938, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON FEBRUARY 18, 1982 AS FILE NO. 82- 044724 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY
LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, NORTH 89 °59'29" EAST
689.24 FEET (NORTH 89 °23'48" EAST RECORD) TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
02 056'27" EAST 1308.43 FEET TO THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 9.
TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 9, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9 AS SHOWN AND DESCRIBED ON
RECORD OF SURVEY MAP NO. 8938, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON FEBRUARY 18, 1982 AS FILE NO. 82- 044724 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY
LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, NORTH 89 °5929"
EAST 1311.55 FEET (NORTH 89 °23'48" EAST 1311.78 FEET RECORD) TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89 059'29" EAST 400.00 FEET ALONG THE NORTHERLY LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE SOUTH 22 °07'46" WEST
1414.37 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 9; THENCE NORTH 05 °47'I6" EAST 1316.83 FEET ALONG THE WESTERLY LINE OF
SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE TRUE POINT OF
BEGINNING.
ALL OF THE ABOVE INCLUDED IN RECORD OF SURVEY RECORDED JANUARY 14, 2000 AS FILE NUMBER
2000-024114 AND RECORDED IN RECORD OF SURVEY RECORDED FEBRUARY 1, 2000 AS FILE NO. 2000-
0051920 OF OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT 60.00 FEET IN WIDTH FOR ROAD AND UTILITY PURPOSES PER DOCUMENT NO. 1998-
0762336, RECORDED NOVEMBER 24, 1998 IN OFFICIAL RECORDS OF SAN DIE3O COUNTY, STATE OF
CALIFORNIA.
PARCEL C:
AN EASEMENT 60.00 FEET IN WIDTH FOR ROAD AND UTILITY PURPOSES PER DOCOMENT NO. 1998- 0849204,
RECORDED DECEMBER 28, 1998 IN OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA.
PARCEL D:
EMMIT A
(Continued)
AN EASEMENT 60.00 FEET IN WIDTH PER ROAD AND UTILITY PURPOSES PER DOCUMENT NO. 1999- 0058332,
RECORDED FEBRUARY 9, 1999 IN OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA.
PARCEL E:
AN EASEMENT 60.00 FEET IN WIDTH FOR ROAD AND UTILITY PURPOSES PER DOCUMENT NO. 1999- 0061454
RECORDED FEBRUARY 2, 1999 IN OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA.
PARCEL F:
AN EASEMENT 60.00 FEET IN WIDTH FOR ROAD AND UTILITY PURPOSES PER DOCUMENT NO. 1999- 0061455,
RECORDED FEBRUARY 2, 1999 IN OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA.
PARCEL G:
AN EASEMENT 60.00 FEET IN WIDTH FOR ROAD AND UTILITY PURPOSES PER DOCUMENT NO. 1999-
0061456, RECORDED FEBRUARY 2, 1999 IN OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA.
PARCEL H:
AN EASEMENT 60.00 FEET IN WIDTH FOR ROAD AND
0061457, RECORDED FEBRUARY 2, 1999 IN OFFICIAL
CALIFORNIA.
PARCELI:
UTILITY PURPOSES PER DOCUMENT NO. 1999 -
RECORDS OF SAN DIEGO COUNTY, STATE OF
AN EASEMENT 60.00 FEET IN WIDTH FOR ROAD AND UTILITY PURPOSES PER DOCUMENT NO. 1999-
0061458, RECORDED FEBRUARY 2, 1999 IN OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA.
PARCELJ:
AN EASEMENT 60.00 FEET IN WIDTH FOR ROAD AND UTILITY PURPOSES PER DOCUMENT NO. 1999-
0061459, RECORDED FEBRUARY 2, 1999 IN OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA.
PARCEL K:
AN EASEMENT AND RIGHT OF WAY FOR ROADWAY AND PUBLIC UTILITY PURPOSES, INCLUDING
ELECTRIC AND INCIDENTALS THERETO, UPON, OVER, ALONG AND ACROSS THAT PORTION OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 14 SOUTH, RANGE 1
WEST SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9, AS SHOWN AND DESCRIBED ON
RECORD OF SURVEY MAP NO. 8938, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON FEBRUARY 18, 1982 AS FILE NUMBER 82- 044724 OF OFFICIAL RECORDS; THENCE ALONG THE
NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, NORTH
89 059'29" EAST 122.00 FEET TO THE NORTHWEST CORNER OF RECORD OF SURVEY MAP NO. 1645, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JANUARY 14, 2000 AS FILE NUMBER 2000-
024114 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID
EXHIBIT A
(Continued)
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, NORTH 89 °59'29" EAST, 567.24 FEET;
THENCE SOUTH 02 056'27" EAST 307.13 FEET TO THE TRUE POINT OF BEGINNING, BEING THE BEGINNING
OF A NON - TANGENT 320 FOOT RADIUS CURVE (RECORD 20.00 FOOT RADIUS CURVE), CONCAVE
SOUTHEASTERLY, A RADIAL LINE THERETO BEARS NORTH 32 °34'07" WEST; THENCE SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15 °37'18 ", A DISTANCE OF 87.25 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 41 04835" WEST 186.51 FEET TO THE BEGINNING OF A TANGENT 20.00
FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID, CURVE THROUGH A
CENTRAL ANGLE OF 53 °58'05 ", A DISTANCE OF 18.84 FEET TO THE BEGINNING OF A REVERSE 48.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEAS'T'ERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 107 °56'10", A DISTANCE OF 90.42 FEET TO THE BEGINNING OF A REVERSE 20.00
FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 53 °58`05 ", A DISTANCE OF 18.84 FEET; THENCE TANGENT TO SAID CURVE SOUTH
41 048'35" WEST 48.14 FEET TO THE BEGINNING OF A TANGENT 180.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 56 °17'59 ", A
DISTANCE OF 176.87 FEET; THENCE TANGENT TO SAID CURVE NORTH 81 °53'26" WEST 221.80 FEET TO THE
WESTERLY LINE OF SAID RECORD OF SURVEY MAP NO. 16454; THENCE ALONG SAID WESTERLY LINE
SOUTH 08 006134" WEST 40.00 FEET; THENCE SOUTH 8105326" EAST 221.80 FEET TO THE BEGINNING OF A
TANGENT 220.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 56 °17'59 ", A DISTANCE OF 216.18 FEET; THENCE TANGENT TO SAID
CURVE NORTH 41 048'35" EAST 48.14 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 53 °58'05 ", A DISTANCE OF 18.84 FEET TO THE BEGINNING OF A REVERSE 48.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 107 056'10" A DISTANCE OF 90.42 FEET TO THE BEGINNING OF A REVERSE 20.00 FOOT
RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 53 058'05" A DISTANCE OF 18.84 FEET; THENCE TANGENT TO SAID CURVE NORTH 41 °4835" EAST
186.51 FEET TO THE BEGINNING OF A TANGENT 280.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10050-53", A DISTANCE
OF 53.01 FEET TO A LINE THAT BEARS SOUTH 02 056`27" EAST FROM SAID TRUE POINT OF BEGINNING;
THENCE NORTH 02 056'27" WEST 47.13 FEET TO THE TRUE POINT OF BEGINNING.
APN: 321 - 161 -07 -00
Exhibit B
RESOLUTION NO P -15 -27
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR CONDITIONAL USE PERMIT 14 -004
AND MINOR DEVELOPMENT REVIEW APPLICATION 14 -033
ASSESSOR'S PARCEL NUMBER 321 - 161 -07
WHEREAS, Minor Conditional Use Permit (MCUP) 14 -004 and Minor
Development Review Application (MDRA) 14 -033 were submitted by Real Asset
Solutions GMBH /Nicolas Naatz, Applicant, to allow the construction of a lighted
recreational court on the developed single - family property located at 15750 Blue Crystal
Trail, in the Rural Residential A (RR -A) zone, and
WHEREAS, on November 3, 2015, 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 project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section 15303(e)
of the CEQA Guidelines, in that the project proposes the construction of an accessory
structure as part of an existing single - family residence
Section 2 The findings, pursuant to Section 17 48 070 of the Poway Municipal Code
(PMC), to approve MCUP 14 -004 to allow the installation of a lighted recreational court,
are made as follows
A The location, size, design and operating characteristics of the proposed use are in
accord with the title and purpose of Chapter 17 48 PMC (Conditional Use Permits
Regulations), the General Plan, and the development policies and standards of the
City in that 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
B The location, size, design and the characteristics of how the court is used will not
create a significant negative visual impact on surrounding properties and natural
resources, as the recreational court will be generally screened from most adjoining
parcels by the surrounding hilly topography The existing landscaping on the
subject lot and adjacent properties, and landscaping that will be installed around
the perimeter of the recreational court will reduce the visibility of the lights from
surrounding properties and light impacts to natural resources Additionally, the
lights are required to be shielded and a dense windscreen will be installed on the
court fence which will minimize light affects Lastly court light use is prohibited
between the hours of 10 p m and l a m
C The light standards for the recreational court are limited to a maximum of eight
lights, with a maximum height of 18 feet. Therefore, the harmony in scale, bulk,
Resolution No P -15 -27
Page 2
coverage, and density of the project is consistent with adjacent uses
D There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use
E The proposed lighting will be directed to within the court boundaries, will be
shielded, and will be screened by landscaping to reduce visibility of the lights from
the surrounding properties Therefore, there will be no harmful effects upon
desirable neighborhood characteristics
F Construction of the court will result in a temporary increase in traffic from
construction related vehicles This generation of traffic, however, will be minor and
will not adversely impact the capacity and physical character of the surrounding
streets and /or the Circulation Element of the General Plan
G The site is suitable for the type and intensity of use or development that is proposed
in that a recreational use is an accessory use that is permitted in a residential zone,
and the proposed lighting will be directed to within the court boundaries, will be
shielded, and will be screened by landscaping to reduce visibility of the lights from
the surrounding properties
H There will not be significant harmful effects upon environmental quality and natural
resources in that the project is limited in scope and built within a developed portion
of the parcel, additionally, landscaping will be installed around the perimeter of the
recreational court and a dense windscreen will be installed on the court fence
which will reduce light impacts, therefore, there will be no significant harmful effects
upon environmental quality and natural resources
There are no relevant negative impacts of the proposed use that cannot be
mitigated
J 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
K That the proposed minor conditional use will comply with each of the applicable
provisions of this title, except for approved variances
L The proposed minor conditional use will comply with each of the applicable
provisions of PMC 17 48 070
Section 3 The findings, in accordance with Chapter 17 52 PMC, to approve MDRA
14 -033, are as follows
Resolution No P -15 -27
Page 3
A. That the recreational court has been sited to minimize landform alteration, and
conform to City zoning and grading standards Therefore, the proposed use
respects the interdependence of land values and aesthetics to the benefit of the
City; and
B That the approved project will not have an adverse effect on the aesthetics, health,
safety, or architecturally - related impact upon adjoining properties, as the
recreational court will be sited on the property where development already exists
and will comply with City development standards for recreational courts
Therefore, the proposed design, size, and scale of the project is compatible with
and will not adversely affect, or be materially detrimental to, adjacent uses,
residents, buildings, structures, or natural resources, and
C That the granting of the MDRA would not be materially detrimental to the public
health, safety, or welfare since the proposed court lighting will be directed to within
the court boundaries, will be shielded, and will be screened by landscaping to
reduce visibility of the lights from the surrounding properties, and
D That the project has been designed to minimize impacts on the surrounding
community in that the proposed recreational court has been sited to comply with
City standards for recreational courts and proposed lighting will be directed to
within the court boundaries, will be shielded, and will be screened by landscaping
to reduce visibility of the lights from the surrounding properties Therefore, the
proposed development respects the public concerns for the aesthetics of
development; and
E That the proposed use 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 because it will meet all development requirements,
and
F That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan
Section 4 The City Council hereby approves MCUP 14 -004 and MDRA 14 -033, as
shown on the approved plans on file with the City, 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
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 a
Resolution No P -15 -27
Page 4
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 request 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, and before the issuance of any permit:
(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
Regarding Real Property In order for the City to prepare the Covenant, the
applicant must first submit a legal description of the subject site
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 uses
E The conditions of MCUP 14 -004 and MDRA 14 -033 shall remain in effect for the
life of the subject use and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner
F MCUP 14 -004 and MDRA 14 -033 may be subject to annual review, as determined
by the Director of Development Services, for compliance with the conditions of
approval and to address unresolved operational concerns that may have been
raised during the prior year
G The applicant shall obtain a Building Permit. Prior to issuance of a Building Permit,
the applicant shall comply with the following
1 The project shall comply with the latest adopted building and electric codes,
and all other applicable codes and ordinances in effect at the time of
Building Permit issuance
2 The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein A final inspection from the appropriate City departments will be
required
3 A Building Permit shall be obtained for fencing and structures (i e , light
poles) that exceed six (6) feet in height. An Electrical Permit shall be
obtained for the proposed recreational court lighting The building plans
shall clearly show and identify how the project complies with the following
requirements
Resolution No P -15 -27
Page 5
a The maximum height of the fence (measured from the finished grade
of the court) shall not exceed 10 feet
b The light poles shall not exceed 18 feet in height Lighting fixtures
shall not exceed 1,000 -watts, high- pressure sodium as required by
Chapter 17 30 PMC Metal halide lighting is prohibited
c The maximum number of lights on the court shall not exceed eight.
d The surface area of the recreational court shall be designed, painted,
colored and /or textured to reduce the reflection of light. This
requirement shall be noted on the plans and the proposed court color
shall be noted
e Pursuant to PMC 17 30 020 E, the fencing, support posts, light
poles, and fixtures shall be painted a dark non - reflective color so
as to reduce their overall visibility Vinyl- coated chain link fencing
with fence and light poles painted to match is acceptable This
requirement shall be noted on the plans and the proposed paint color
shall also be noted
f Pursuant to PMC 17 30 020 C, the applicant shall submit a lighting
plan that reflects that the lighting will be shielded from the adjacent
properties, to the satisfaction of the Director of Development
Services The plans shall show the lights designed, constructed,
mounted and maintained such that the light source is cut off when
viewed from any point above five feet measured at 10 feet from the
edge of the court, and such that the maximum illumination intensity
measured at the limits of the coastal sage scrub habitat around the
court shall not exceed one -half foot - candle above ambient light
levels
g To reduce light effects further, the building plans shall clearly show
and note that a dense windscreen mesh will be attached and
maintained on the court fencing
h The building plans shall depict and note, to the satisfaction of the
Director of Development Services, that the lighting will be on a timer
of limited duration, and that they will automatically shut off at 10 00
pm
4 The site plan shall identify the square- footage of proposed new and
modified landscape areas If the newly created or modified landscape area
is equal to or is greater than 1,000 square feet as a result of this project, a
landscape and irrigation plan for any disturbed areas shall be submitted to
the Development Services Department for review and approval to
demonstrate compliance with Chapter 17 41 PMC, Landscape Efficiency
Standards to the satisfaction of the Director of Development Services The
plans shall be in compliance with the City of Poway Landscape and
Irrigation Design Manual, and all other applicable standards in effect at the
time of landscape and irrigation plan check submittal Landscape and
irrigation plan review fees are required and are the responsibility of the
applicant
Resolution No P -15 -27
Page 6
If the project will not result in installation or modification of landscape area
that is greater than or equal to 1,000 square feet, a note to that effect shall
be added in a prominent place on the title sheet of the construction plans
Additionally, a planting and irrigation plan shall be submitted to the
Development Services Department for review and approval by the Project
Planner and the Fire Marshal The plan shall address the following
a Landscaping shall be installed around the recreational court fence
It shall include fast - growing evergreen canopy type trees, planted
one each adjacent to light poles so as to obscure views of the pole
and light from neighboring properties, to the satisfaction of the
Director of Development Services All required landscaping shall
comply with Section Six of the City of Poway Landscape and
Irrigation Design Manual and Chapter 15 05 PMC as it relates to fuel
management and defensible space
5 No impacts shall occur to the coastal sage scrub habitat. The limits of work
in relation to the coastal sage scrub shall be fenced and fencing limits
confirmed by the project biologist prior to the onset of
construction /grading /clearing activity Written confirmation (emailed signed
letter acceptable) from the biologist shall be provided to the project planner
6 Temporary fencing delineating the limits of work shall be shown on the
grading plans and /or associated construction documents If work occurs
beyond the fenced limits of impact, all work shall cease until the
encroachment is remedied to the satisfaction of the Director of Development
Services
7 The temporary construction fencing shall be maintained in good repair until
the completion of the project construction and removed upon project
completion
8 If clearance of disturbed habitat/ruderal area is proposed during the spring
months (February through May) a protocol Quino Checkerspot Butterfly
springtime biological assessment shall be conducted to the satisfaction of
the Director of Development Services
(Engineering)
9 All spoil materials from footings and foundations shall be legally disposed
of off -site unless a Grading Permit for placement of the materials is obtained
from the Department of Development Services — Engineering Division prior
to placement or the applicant has received verification from the Department
in writing that no permit is required
10 A minimum cash security of $2,000 for erosion control is required
Resolution No P -15 -27
Page 7
11 The applicant shall attend a pre- construction meeting at the Department of
Development Services The scheduling request shall be submitted on a
City standard form available from the City's project engineer
12 The applicant's action plan that identifies measures to be implemented
during construction to address erosion, sediment and pollution control will
be discussed Compliance for sediment control shall be provided as
directed by the project inspector
13 The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule The current fee amount is
$1,318
14 Erosion control shall be installed and maintained by the developer from
October 1 to April 30 The developer shall maintain all erosion control
devices throughout their intended life
H Prior to final inspection approval
(Planning)
1 Required landscaping and irrigation shall be installed
2 Written certification shall be provided from a qualified lighting installation
contractor that all lights and light fixtures have been designed and installed
in accordance with the following requirements
a Have been designed, constructed and mounted such that the light
source is cut off when viewed from any point above five feet
measured at 10 -feet from the edge of the court;
b Have been designed, constructed, mounted, and light shields
installed such that the maximum illumination intensity measured at
the limits of the coastal sage scrub habitat that exists approximately
10 -feet from the edge of the court does not exceed one -half foot -
candle above ambient light levels,
c The required landscape and irrigation materials on the approved
Planting Plan /or Landscape and Irrigation Plan shall be installed
along the recreational court fence
(Engineering)
3 All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground No extension of overhead
utilities shall be permitted
4 The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval All new utility services
shall be placed underground
Resolution No P -15 -27
Page 8
5 An adequate drainage system around the new pad capable of handling and
disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector
6 The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to public improvements caused by construction activity from
this project.
Upon establishment of the lighted recreational court, pursuant to the approval of
MCUP 14 -004 and MDRA 14 -033, the following shall apply-
1 In accordance with PMC 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 be programmed to automatically shut the lights off at 10 00 p m
2 Required court landscaping shall be maintained in a healthy and thriving
condition
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 5. The approval of MCUP 14 -004 and MDRA 14 -033 shall expire on
November 3, 2017, 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 and MDRA approval
has commenced prior to its expiration
Section 6 The parties are hereby informed that the time within which judicial review of
this decision must be sought is governed by Section 1094 6 of the California Code of Civil
Procedure
Resolution No P -15 -27
Page 9
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 31 day of November 2015
Steve Vaus, Mayor
ATTEST
Rosa Maria Martinez, Deputy City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
1, Rosa Maria Martinez, Deputy City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No P -15 -27 was duly adopted by
the City Council at a meeting of said City Council held on the 3rd day of November 2015,
and that it was so adopted by the following vote
AYES LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES NONE
ABSENT NONE
DISQUALIFIED NONE
Rosa Maria Martinez, Deputy City Clerk
City of Poway