Covenant Regarding Real Property 2000-0149963DOC ,, 2000-014996
RECORDING REQUEST BY:
TO:
MAR 24, 2000 2.~4 PM
FIOI~. RE(ORBS
8~N DIEE (X)~dTY REOORDER'S OFFICE
~ES: 500
No Transfer Tax Due
COVENANT REGARDING REAL PROPERTY
Maderas Country Club, LLC, A California Limited Liability Company, PROPERTY
OWNER ("OWNER" hereinafter) is th : real property described in Exhibit A which
is attached hereto and made a part hereof and which ' y known as Assessor's
Parcel Number 277-170-06 ("PROPERTY" hereinafter). In consideration of the approval
of Conditional Use Permit 90-13M, by the City of Poway ("CITY" hereinafter), OWNER
hereby agrees to abide by conditions of the attached resolution (Exhibit B).
This Covenant shall mn with the land and be binding upon and inure to the benefit
of the future owners, encumbrancers, heirs, personal representatives,
:1 assigns of the respective parties.
In the event that Conditional Use Permit 90-13M expires or is rescinded by City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 p ' ' ;this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
OWNER:
By:
Dated: 3-23-00
Maderas Country Club, LLC
By: Sunro~d Asset
Member
(Notarize)
Dated:
CITY OF POWAY
Niall Fritz, Directo'r-o:l)Development Services
CAL'IFORNIA ALL-PURPO~,~. ACKNOWLEDGMENT
State of
County of
On before me
personally appeared
person(s)
acted,
¥(ies),
',s)
OPTIONAL
Description of Attached Document
Title or'
Signer(s) Other
Capacity(les) Claimed by Signer(s)
[] Individual
[]
Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[] Other:
[] Individual
[]
Title(s):
[] Partner -- [] Limited [] General
[] Trustee
[] Other:
EXHIBIT A
Legal Description
Parcel A:
PARCEL 3 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
AS SHOWN ON PARCEL MAP NO. 17989, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 25, 1998 AS FILE NO. 1998-99090
OF OFFICIAL RECORDS.
APN:277-170-06
RESOLUTION NO. P-00-03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MODIFICATION OF CONDITIONAL USE PERMIT 90-13,
DEVELOPMENT REVIEW 98-35 AND VARIANCE 99-12
ASSESSOR'S PARCEL NUMBER 277-170-06
WHEREAS, Conditional Use Permit 90-13M, Development Review 98-35 and
Variance 99-12 were submitted by Sunroad applicant, to modify an existing
conditional use permit to allow the following uses: 1) use of a 4,400 sq. ft. interim
clubhouse; 2) construction of a 4,320 sq. ft. cart barn; 3) of a 4,960 sq. ft.
maintenance building; and 4) a variance is also requested to allow for a retaining wall at
eight (8) feet height to remain at the northerly limits of the yard.
The 203 acre golf course property is located at 17750 Old Coach Road within the Planned
Community (PC) zone;
WHEREAS, on January 4, 2000, the City Council held a duly advertised public
i~earing to solicit from the public, both pro an(~ con, relative to this application;
WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or other exaction described in this resolution begins on th date of
this resolution and any such protest must I: that complies with Section 66020;
NOW, THEREFORE, the City Council does hereby
follows:
The issuance of a Negative Declaration with Mitigation Measures (indicating no
significant aC al impacts anticipated due to the addition of special
req to the project)':led. A prior certified EIR with mitigation
:1 for CUP 90-13 and 'FI'M 89-13R on November 27, 1990.
The project is I with the General Plan and the Old Coach Golf
Estates Specific Plan in that it designates this site for uses
including the one proposed, with the benefit of a conditional use permit.
That the location, size, design, and operating characteristics of the use will
be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, buildings, structures, or natural in that the
project is being located on a property which :late the proposed
use,
EXHIBIT B
Resolution No. P-00-03
Page 2
o
That the harmony in scale, bulk, coverage, and density is l with
adjacent uses because the site will be improved with the installation of
landscaping and other imp :h the Old Coach Golf
Estates Specific Plan Development Standards.
That tl~ 31e public facilities, services, and utilities because the
use will be located in a development where all necessary facilities are
already in place.
That there will not be a harmful effect upon desirable neighborhood
ch in that the facility is located in an interim set of modular
buildings and will eventually be housed in a permanent clubhouse.
That the g ! traffic will not adversely impact the surrounding streets
and/or the City's Transp;,iLation Element, in that the use will operate in an
area where existing street imp and off-street parking will be
adequate given the scale of the proposed use except for some special
events where off-site parking and shuttle I~ Id be required.
That the site is suitable for the type and intensity of the use in that it is an
area designated I uses by the Old Coach Golf Estates Specific
Plan with immed to Old Coach Road that lly realigned,
widened and paved.
That there will not be significant harmful effects Ul: quality
and natural in that there are some natural features that will be
retained and some natural feal restored, particularly in the
area near Sycamore Creek.
That there are no oth
cannot be mitigated.
: negative impacts of the development that
The approved project is ' l with the Poway General Plan in that it
allows the use of an ~3h :lng of modular buildings and
a deck for up to two years, construction of a golf cart barn and
building with ' 31e for each purpose (plus an exterior upgrade
requirement for the golf cart barn when the permanent clubhouse is built) on
a property which is zoned for that use and where a specific plan for that
3proved in 1990.
Resolution No. P-00-03
Page 3
The approved project will not have an ad ihetic, health, safety, or
amhitecturally related impact upon adjoining properties because the site and
the intedm clubhouse and permanent buildings have been designed with
to th ~ing new home developments in terms of materials,
scale, and other architectural features.
The approved project encourages the ordedy and h
of structures and property within the City through its
Zoning Ordinance which provides high standards
throughout th ¥.
3pearance
! with the
for development
That there are special applicable to the property, and
because of th',.~, ;he stdct application of the zoning ordinance depr;v~.~ the
property of privileges enjoyed by other properties in the vicinity with the
identical zoning
The special ' include the fact that th yard is in
a Iow visibility location as seen from Old Coach Road with earthen berms
placed to screen the eight foot high retaining wall and the maintenance
building.
That granting of the variance or its modification is necessary for the
p and enjoyment of a substantial property right possessed by
other property in the same vicinity and land use designation for which the
variance is being sought in that it will allow the existing retaining wall to
remain provided it meets Uniform Building Code requirements and will block
the view of the maintenance yard from the Hole 6 green.
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or well' ' ' to the property
or imp 'l vicinity and ,lich the property is located in
that the eight foot high wall poses no detriment to the public health, safety
or welfare provided it is shown to be safely :t or rebuilt in part.
That the granting of this variance does not constitute a special privilege
I with the limitation upon other properties in the vicinity and zone
in that th I allow the Hole 6 fairway and green length to be about
five feet longer than it would have been with an eight foot high retaining wall
o
Resolution No. P-00-03
Page 4
consisting of a six foot high wall, a five foot landscaped bench, then another
two foot high section of wall.
That the granting of th' does not allow th ~ivity which is
not otherwise expressly authorized by the Poway Municipal Code or Poway
General Plan in that a golf :1 activity associated with a golf course
is allowed within the Old Coach Golf Estates Specific Plan by conditional use
permit.
The City Council hereby approves Conditional Use Permit 90-13M, Development
Review 98-35 and Variance 99-12 consisting of 1) use of a 4,400 sq. ft. interim
clubhouse, 2) ' "a 4,320 sq. ft. cart barn, 3) = a 4,960 sq.
f. building, and 4) to all ~ retaining wall of eight
(8) feet '3ht to remain (at the northerly limits of the yard)
subject to the following conditions:
Within 30 days of approval: (1) the applicant shall submit in wdting that all
conditions of approval have been read and understood; and (2) the property
owner shall execute a Covenant on Real Property.
Th ~itionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of the
surrounding open space and residential uses.
This conditional use permit may be subject to annual determined
by the Director of Development Services for compliance with the conditions
of approval and to add that may h :1 dudng the past
year.
Conditions with
~ (*) are also mitigation
COMPLIANCE WITH THE FOLLOWING CONDITIONSIS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES,
PLANNING AND ENGINEERING DIVISIONS, AND THE DEPARTMENT OF SAFETY
SERVICES.
All prior conditions and mitigation ~all apply from CUP 90-13, TTM 89-
13R, TPM 92-04 and for Specific Plan 89-01 (Resolutions P-98-50, P-92-67, P-90-
91, P-90-095, P-90-096, P-90-097, P-90-098, P-90-099, P-90-34, 90-075, and
Ordinances 327 and 317.)
Resolution No. P-00-03
Page 5
The interim clubhouse approval is for two years expidng January 4, 2002. The
8,000 sq. ft. permanent clubhouse is approved in concept with final approval of the
design by staff through approval of a Minor Development Review Application.
A modification of this CUP and DR is required for the Phase 3 clubhouse of 32,000
square feet with approval by the City Council.
Pdor to any new permits, or further amend :lifications to the CUP or DR,
a new grading permit shall be issued and all work completed, including any
additional biological mitigation as determined by the Director of Development
Services.
Determine by a third party biologist the amount of native, vegetation required for the
203 acre golf the 336 acre golf 3e for the 27 hole
gc~f 3ecified in the Final EIR and conditions ~'; approval. Provide final
biological mitig 31lance report that addresses the Final EIR and the Sierra
Club settlement agreement. The golf course developer shall cover the cost of the
third party consultant.
Dedicate and record a biological open si; If or the dpadan habitat along
Sycamore Creek (overlapping and beyond the limits of the flowa_c Is) to
.... 3acts to biological The cart path I lall be modified,
3/, per the golf course precise landscape plans that will be signed off by
the City's consulting landscape amhitect. Removal of unauthorized encroachments
with habitat restoration and/or additional mitigation may be required.
As per the agreement with Sunroad E no greun¢, be used after
Mamh 15, 2000 without amendment of CUP 90-13M. Complete the ground water
hydrology analysis by a hydrogeological consultant and submit to City for review by
February 15, 2000. The golf course developer shall cover the cost of review of the
analysis by the City's hydrogeological consultant. When the report has been
received and evaluated by City staff and their geotechnical consultant, it will be
scheduled with the City Council I :1 approve any ~ future
grounc. ~ lh recycled, raw and potable water.
No lights are permitted for the golf ddving range.
This approval shall become null and void if building I: : issued for the
golf cart barn and building within two years from the date of project
approval.
Resolution No. P-00-03
Page 6
Prior
f building permits:
10.
Revised site plans and building ling all conditions of approval
shall be submitted to the Development Services Department pdor to issuance of
building permits. Muted colors shall be used for exterior walls and roofing.
11,
The exterior of the golf cart barn shall be upgraded to match the Phase 2
permanent clubh I with the Community Design Element of the Poway
General Plan. If chain link fencing is to be installed around the golf cart barn, it shall
be vinyl-coated.
12.
The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, N~.i,~nal Electric Code, Uniform Fire
Code, and all other applicable codes and ord' fect at the time of building
permit'
13.
Roof covedng shall be fire retardant as per UBC Section 3203 (e) and City of Poway
Ordinance No. 64.
14.
A hood and duct extinguishing system shall be installed for all cooking facilities
within the kitchen area. Plans to be submitted and approved, pdor to installation.
15.
Prior to delivery of combustible building matedal on site, water and sewer systems
shall ' ' y pass all required tests and be connected to the public water and
sewer systems. In addition, the first lift of asphalt paving shall be in place to provide
adequate, permanent access for emergency vehicles. The final lift of asphalt shall
not be installed until all otb .--tivity has been substantially completed
to the sa1 I the City.
16. All fire hydrants shall be installed and accepted by the City of Poway Development
Services Department - Engineering Division prior to the delivery of trailers,
r'ts.
17. "AII-weath '" (A.C.) meeting City standards shall be completed prior to the
delivery of trailers, sl rts.
18.
Plan of building does not show required fire hydrant at north entrance.
Please show on subsequent submittals.
19.
The applicant shall pay all applicable fees, including school fees at the current rate
per square foot of assessable space prior to building permit'
Resolution No. P-00-03
Page 7
20.
Payment of development fees. The fees and th '
3onding amounts are:
a. S .-'tion fee
b. Sewer indirect benefit fee
c. S lfee
d. S I inspection fee
e. Water ba~e capacity fee
f. SDCWA base capacity charge
g. Water meter fee
= 13,692.48' (based on 6.8 EDU)
= 500.00
= 50.00 [~
= 25.00 I~
= Amount to be determined upon
receipt of
from applicant**
= Amount to be determined upon
receipt of
from applicant*** (to be paid by
separate check payable to San
Diego County Water Authority)
h. Traffic mitigation fee
I. Drainage fee
j. Park fee
= $20,097.00****
= None
-- Waived per 1996 City Council
action
(6.8 EDU x $3356 per EDU) - (40% x 6.8 x $3356) = $13,692.48
Where 6.8 EDU = 13,680 sf+ 2000 sf
13,680 sf is total building area.
2000 sf of building area is equivalent to one EDU.
40% represents prior payment made.
Current City water base capacity cost (subject to change):
1" meter = $ 6,678.00
1W' meter = $10,388.00
2" meter = $16,694.00
Other sizes = Contact City Engineering Division
Current SDCWA charge (subject to change):
1" meter -- $ 2,536.00
1%" meter = $ 4,755.00
2" meter = $ 8,242.00
Other sizes = Contact City Engineering Division
Resolution No. P-00-03
Page 8
1,218 trips x 25% x $66/tdp
Where 1,218 trips is traffic generated by the project based on 6 trips
per acre of golf course. Golf is 203.022 acres.
25% represents percentage of fee chargeable t ' 'lential use.
$66 is the fee per tdp generated.
Priori
new grading permit:
21.
Future grading of additional portions of the subject lot shall be prohibited unless
approved by the Director of Development Services. A Conditional Use Permit
modification may be required for some grading activities.
22.
No further construction activity is permitted, including utility trenching, until all
imp are approved by the Development Services Department with a
grading permit.
23.
Obtain approval of revised grading plan for the golf course lot by March 15, 2000.
Remedial grading may be required in some areas, e.g. areas graded within the
riparian buffer of Sycamore Creek.
During construction of improvements:
24.
, including but not limited to desiltation basins, shall be installed and
maintained from October 15 to April 15. An erosion control plan shall be prepared
by the project civil engineer and shall be submitted as part of the grading plan. The
developer shall make provisions to insure pm[: ~ all Irol
devices year round.
25.
Should there be a need to install public utility boxes, i.e., for SDG&E, PacBell,
CATV, etc., within street rights-of-way and the City's general utility easement, the
locations and sizes of these boxes shall be shown on the improvement plans.
26.
Pdor to starting work in public street rights-of-way or City-held ' ;]ht-of-
way permit shall be obtained from the Engineering Division of the Development
Services Department.
27.
All parking spaces shall be double-striped. The ratio of accessible parking spaces
for persons with physical disabilities shall be 1:25 with the proper number of van
accessible spaces provided.
28.
Complete landscape d for the clubhouse parking lot and
yard shall be submitted to and approved by the Development Services
Resolution No. P-00-03
Page 9
Department - Planning Division by January 31, 2000. Plans shall be prepared in
accordance with City of Poway Guide to Landscape Req ' (latest edition).
29.
Street 1 ' ' ' 15 gall larger, shall be installed and inspected
by the City's consulting landscape architect in accordance with the City of Poway
Guide to Landscape Req ~1 shall be planted at an average of 30 feet on
center spacing along Old Coach Road.
30.
Fire Department access for use of fire fighting equipment shall be provided to the
immediate job site at the start of construction and maintained at all
times until is completed.
31.
The addition of on-site fire hydrants is required. The location of the hydrants shall
be determ!ned by the City Fire Marshal. These shall be installed prior to delivery
of combustibles (wood) to the site.
Prior to Certificate of Occupancy for the Main!
llding and Golf Cart Barn:
32.
The applicant shall comply with all prior resolution conditions and mitigation
for Old Coach Golf Estates, i.e. for CUP 90-13, TI'M 89-13R, TPM 92-04,
and for Specific Plan 89-01.
33.
Approval of this request shall not 31iance with the Zoning Ord' :1
all other applicable City Ord' effect at the time of grading and building
permit issuance. Comply with the I: ' ' : the Old Coach Golf Estates Specific
Plan 89-01. Record a deed restriction per Pages VI1-15 & 16 identifying uses in
conflict with the specific plan.
34.
Secudty lighting th 9house, golf cart barn and
building shall be with a minimal number of Iow I: :lium (LPS) light fixtures
supplemented by motion detector lighting with LPS lights.
35. L
;]e irrigation shall be installed for parking lot landscaping.
36.
All parking lot landscaping shall include a ' ' : one 15 gallon size tree for
every three spaces. For parking lot island ' ' 12 inch wide walk adjacent
to parking stalls shall be provided and be separated from veh by a six
inch high, six inch wide Portland I curb. Modifications to the parking
island design will be allowed based on the golf :1 country club use.
37.
Parking lot lights shall be Iow p :lium and h height of 18
feet from the finished grade of the parking surface and be directed away from all
38.
39.*
40.*
41.
42.
43.
44.
45.
Resolution No. P-00-03
Page 10
property lines, adjacent
by 9:00 p.m. or at th
residences. The lights shall be timed to tum off
; the last activity within the clubhouse.
All two-way trail' lall b ' ' ~ 25 feet wide. A ' ' ~ 24 feet
wide emergency access shall be provided, :1 free and clear at all times
dudng construction in accordance with Safety Services Del; :luirements.
In addition to the December 1999 removal of dangerous and/or hazard
from the unauthorized ;~e y 7, all iml: :1
structures must also be removed and the site restored to its natural condition,
including revegetation. A :of the affected area shall occur and will
include soil sampling and testing : with a Phase II Site ,~ I to
determine if spillage of any fertilizers or f ,1 during the month of usage.
An equipment wash area for mowing machines and other machinery shall be
establis',~J with an oil/water separator plumbed to the se~;'(=, system to avoid
discharges of wash Sycamore Creek. In-addition to a clarifier system for
drainage in the yard, a similar system for the cart barn vicinity and
near the well pump station (currently being used as a wash area) will be required,
where appropriate, to comply with NPDES req.
All follow-up grading shall be in substantial with the approved
development plans and ' :h the Uniform Building Code, City Grading
Ord :1 City Storm Water Management and Discharge Control Ordinance.
An I, a ' ' f 20 feet wide, for each new public water, sewer, and
drainage lines, shall be dedicated to the City.
Completion of all remaining public imp ' (with the exception of the 12 inch
reclaimed water line): Approval of record drawings of the grading and improvement
plans; dedication of to the City for new public water, sewer, and
drainage lines, as required of the project.
P i' for public imp if posted and separate from the
grading lall only be reduced twice 1: 31etlon of imp
Payment of and remaining p if any, shall be
released than 90 days after City's acceptance of imp posting
of warranty security, and approval of record drawings.
The building shall display :ldress in a 31e from the access
street. M' ' =the building numbers shall be six inches on the front facade
of the building. Building address shall also be displayed on the roof in a manner
Resolution No. P-00-03
Page 11
satisfactory to the Director of Safety Services, and meeting Shedff's Dept. -
ASTREA criteria.
46.
Every building hereafter :1 shall be accessible to Fire Department
apparatus by way of :lways with all-weather driving ; not less
than 20 feet of unobstructed width, with adequate roadway turning radius capable
of supporting the imposed loads offire apparatus and having a ' ' ; 13'6"
of vertical The road surface type shall be approved by the City Engineer,
pursuant to the City of Poway Municipal Code.
47.
A "Knox" Secudty Key Box shall be required for the building at a location
determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire
sprinkler system Post Indicator Valve.
48.
Permanent :lways for fire apparatus shall be designated as "Fire Lanes"
with appropriate signs and curb markings.
49.
Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and 75 feet
travel distance.
50.
Gas and diesel fuel tanks require th
Department.
separate permit from the Fire
Ongoing Operations:
51.
Landscaped areas within the adjacent Old Coach Road 40 foot wide public right-of-
way shall be permanently and fully maintained by the owner.
52.
All landscaped areas shall be :1 in a healthy and thriving condition, free
from weeds, trash, and debds. The trees shall be e~'~;ouraged and allowed to retain
a natural form. Pruning should b ~ 1 the health of the trees and
to protect the public safety. Unnatural pruning, including topping, is
not permitted.
53.
Use of recycled water will be required (when available) pursuant to the Settlement
Agreement with the City dated November 4, 1999 for onsite landscape irrigation of
the golf course, clubhouse and parking lot landscaping. This site shall have a
designated user supervisor who has attended the San Diego County Water
authority user sul: County of San Diego Dept. of E ~al Health
will assess fees for the following activities:
a. Site Plan Check $200.00 avg. cost*
Resolution No. P-00-03
Page 12
Shut Down Test**
Title 22 Inspection
$320.00 avg. cost*
$ 80.00 avg. cost*
* based on full cost recovery; actual t' I may vary
** shut down test is required at initial installation and at least every four (4) years
'th both recycled and potable water.
54.
A City Council approved temporary use permit (TUP) shall be obtained for special
events, e.g. golf tournaments, whenever parking off-site is proposed. A staff
approved TU ~uired for any special event requiring a tent to be Set up on
a short-term or long-term basis. All outdoor special events are subject to City
Zoning O ~
55.
The use of canopies, tents or memb lall occur under a separate
permit. These installations shall comply with the Uniform Fire Code - Article 32 and
shall not be permitted "for a period ~.xceeding 180 days within a twelve month
p ' 31e premises."
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 4th day of January, 2000.
ATTEST:
L~o ANIn:e p~e C~i~' ~{~
oples, Cl~rk
Michael P. Caft
perjury, 1hat the above
of Resolution
as adopted by
Resolution No. P-00-03
Page 13
STATE Of CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the f~)regoing No. P-00-03 was duly adopted by the City
Council at a meeting of said City Council held on the 4th day of January, 2000 and that it
was so adopted by the following vote:
AYES: HIGGINSON, GOLDBY, EMERY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ne Peoples, City Clerk
City of Poway