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Covenant Regarding Real Property 2019-0017741 DOC# 2019-0017741 I11101 JIM 1111111111 IIV 1111111111 I(III VIII(VIM 11th111111(III(III RECORDING REQUEST BY: ) Jan 16, 2019 12:32 PM OFFICIAL RECORDS CITY OF POWAY ) Ernest J. Dronenburg, Jr. SAN DIEGO COUNTY RECORDER FEES: 5113.00 (S82 Atkins: 575.00) WHEN RECORDED MAIL TO: ) PAGES: 9 CITY CLERK ) CITY OF POWAY ) PO BOX 789 ) POWAY CA 92074-0789 ) (This space for Recorder's Use) APN: 323-520-01 MCUP 16-006 COVENANT REGARDING REAL PROPERTY Eric Weddle ("OWNER" hereinafter) is the owner of real property commonly known as 14144 Sky Mountain Trl. ("PROPERTY hereinafter) and more fully described in the legal description attached hereto as Exhibit A and made a part hereof. In consideration of the approval of Minor Conditional Use Permit (MCUP) 16-006 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 In the event that MCUP 16-006 expires or is rescinded by City Council, or the OWNER terminates the use permitted by MCUP 16-006, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and MCUP 16-006 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. AL1 OW( AUTHORIZE AGENT: Dated: If?i/Z°( � Err -:•le \J "(Notarize) Title: Owner CITY OF POWAY: Dated: /2721/B By: /. o ert J. Manis, (rectof of neve •pm: t Services City/County of (-1_x\41/4 Lp( Q_ Stateof Maryland Subscribed and sworn to before me thisrs day o ttnuarc.3 ,meq by� � A�a Notary Public ^ My commission expires J- hcwanJ A9!� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .ar..... ..e -.................,.rirw.., w.:... ..x.:...... .,r .._... V.....+.av:.t.v..t.t.w.......w... nca......r. 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-GelifunIra t O ) County of QO,\t ite (te ) \ OnJcxua t� t5 a "aa`D1 before me, VIa\acte tc\q+ csn Date ' ,, 1 Here Insert Name and Title of the Officer personally appeared r'�st_ W4d11 a(2 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ow r TY OF ERJURY under the laws ��.``.ttippE tWipe"r,, of the State eof California that the foregoing paragraph �'.••••'•' •./ft 'oma is true and correct. ▪ ‘40TAR 1. WITNESS my hand and official seal. One ▪ 9 PugL\G 14-z Signature 1-; •. .- t' Signature of Notary Public ORE ccp3v;,‘ 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 Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑Partner — 0 Limited 0 General 0 Partner — 0 Limited ❑General 0 Individual 0 Attorney in Fact 0 Individual ❑Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: - • .. .a. ., d . . . - c. .x:ctzs�:Y.z. rssrc�c.•szsresz,•s:c•casac�z^ez; es .•s ,�zs ®2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item 45907 Legal Description For APNIP.arce1.10(91: 323-520-01-00 • PARCEL 1: LOT 1 OF CITY OF POWAY TRACT NO.04-02,IN THE CITY OF POWAY,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO.154-0i,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,AUGUST 9,2006. • • • EXHIBIT A RESOLUTION NO. P-18-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 16-006 ASSESSOR'S PARCEL NUMBER 323-520-01 WHEREAS, Minor Conditional Use Permit (MCUP) 16-006 was submitted by Steve Ragan, Applicant, and Chanel and Eric Weddle, Owner, for a proposal to install six lights on a recreational court on a residential property located at 14144 Sky Mountain Trail, in the Rural Residential C (RR-C) zone and within the Gate Drive Specific Plan area; WHEREAS, on December 18, 2018, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed revisions to the project and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The proposed project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) of the CEQA Guidelines, in that the project proposes the construction of accessory structures/equipment on an existing single-family residential property. Section 2: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code (PMC), to approve MCUP 16-006 to allow the installation of six lights on a 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 and the Gate Drive Specific Plan. B. 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, people, buildings, structures, or natural resources. Topography, and an existing home on the property will shield the view of the lights from adjacent homes to the south and the west. Landscaping and a 10-foot high opaque fence will be installed along the north and east perimeter of the recreational court to reduce the visibility of the lights from surrounding properties to the north and east and will shield light from extending into nearby natural resources in accordance with the Poway Subarea Habitat Conservation Plan. Furthermore, court light use is prohibited between the hours of 10 p.m. and 7 a.m. C. The proposed six lights are two fewer than the eight lights allowed by the PMC for a recreational court and the lights would comply with the 18-foot maximum height limit. Therefore, the harmony in scale, bulk, coverage, and density of the project Is consistent with adjacent uses. EXHIBIT B • Resolution No. P-18-30 Page 2 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 downward toward the court boundaries with the use of shields and will be screened by topography, existing development, fencing and landscaping to reduce visibility of the lights from the surrounding properties. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. F. Installing the court lights 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 lighted recreational court is an accessory use that is permitted in a residential zone with the approval of a minor conditional use permit. The proposed lighting will be shielded and directed to shine downward within the court boundaries and landscaping and an opaque perimeter fence will reduce the 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 to installing lights along an existing recreational court on the parcel. Dense landscape will be installed along the perimeter court fence to reduce light impacts to nearby residential homes and adjacent protected native habitat. 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. A lighted recreational court is an allowable accessory use in the RR-C zone with the approval of a minor conditional use permit. Therefore, the impacts, as described in subsections A through I of this Section, and 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. Section 3: The City Council hereby approves MCUP 16-006, 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 Resolution No. P-18-30 Page 3 without limitation reasonable attorney's fees and costs. In the event of a 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 16-006 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 16-006 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 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. H. The applicant shall obtain an Electrical Permit for the proposed recreational court lighting and a Building Permitter the lighting structures (i.e., light poles). Prior to issuance of a Building or Electrical Permit, the applicant shall comply with the following: 1. The building plans shall clearly show and identify how the project complies with the following requirements: 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 be as required by Chapter 17.30 PMC. Metal halide lighting is prohibited. c. The maximum number of lights on the court shall not exceed six. 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. Resolution No. P-18-30 Page 4 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 property line shall not exceed one-half foot-candle above ambient light levels. Lights shall not shine into adjacent Biological Conservation Easements. g. To protect the existing nearby native vegetation from light effects, the building plans shall clearly show and note that a dense, dark colored windscreen mesh will be attached and maintained on the eastern and northern section of the 10-foot high court fence. 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 from 10:00 p.m. to 7 a.m. 2. Landscape Plan—(LP) 15-011 for the subject property was reviewed and approved by the Development Services Department in June 2016. The plan shall be modified to provide additional fast-growing vines and trees to obscure the view of the fencing and light poles and sources as seen from areas to the north and east and to block light from shining into the nearby Biological Conservation Easement areas. All required landscaping must comply with Section Six of the City of Poway Landscape and Irrigation Design Manual as it relates to fuel management and defensible space. Prior to final inspection approval: 1. Written certification shall be provided from a qualified lighting installation contractor that: a. All lights and light fixtures 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. All lights and light fixtures 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. 2. The required landscape and irrigation materials on the approved Landscape and Irrigation Plan shall be installed along the recreational court fence and inspected. J. Upon establishment of the proposed use, pursuant td MCUP 16-006, 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. Resolution No. P-18-30 Page 5 3. The light standards are limited in number, size, height, and,light shields, which Shall meet therequirements for shielding the light fixtures. The maximum height. of lights shall not exceed 18 feet from grade. Lighting fixtures shall be maintained pursuant to PMC 17.30.020.G, to the satisfaction Of the Director of Development Services. 4. The fencing and associated opaquemesh shall be maintained lo screen the view of the light from residences to the north and east and to shield light from extending into nearby native habitat 'to the satisfaction of the Director of Development Services. Section 4: The approval of MCUP 16-006 shall expire on December 18,2020,'at 5:00 Rm. . 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. Section 5: 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. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, ata regular meeting this 18th day of December 2018, -Steve Vaus; Mayor ATTEST: n iyl eld CM ncy a fel City Clerk Resolution No. P-18-30 Page 6 STATE OF CALIFORNIA ) SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. P-16730—was duly adapted by the City Council at a meeting Of said City Coundil held On the 18th day Of Dederi bet 2018, and that it was so adopted by the following vote: AYES: LEONARD, FRANK, GROSCH, MULLIN,-VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE n/ Na y l of Id, MC, City Clerk City of Poway