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Covenant Regarding Real Property 1995-0467738 CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 ) ) ) ) ) ) ) ) ) ) ) ) 148 DOC 4f 9.5 - 0467738 '-J~ ~ 19r~ O~67138 17-0CT-199S 09=31 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S QFfICE GREGORY SMITH, COUNTY RECORDER RF: II. 00 FEES: AF= 13.00 Mf: 1.00 .{~, 00 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: No Transfer Tax Due (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Davlde, and Theresa Golia ("OWNERs' hereinafter) is the owner of real property described In Exhlbtt A which is attached hereto and made a part hereof and which Is commonly known as Assessor's Parcel Number 321-{)9Q.,34 ("PROPERTY" hereinafter). In consideration of the approval of Minor Conditional Use Permft 95.04 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by 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, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that Minor Conditional Use Permit 95-04 expires or Is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. If either party Is required to Incur costs to enforce the provisions of this Covenant, the prevailing party shall be entJtIed to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. The CITY may assign to persons Impacted by the performance of this Covenant the right to enforce this Covenant against OWNER. Dated: -(0- Q-15' Dated: /!r~ '1ti ~~E~~) CITY OF POWAY Dated: /t?_ 3- 'l'd)" By: ~ u7U-i/~--CtL- CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 150 No.seQ7 State of CALIFORNIA County of SAN DIEGO On October 9, 1995 DATE before me, Diane Fisher. Notary Pub] i<"' NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Davide Golia and Theresa Golia NAME(S) OF SIGNER(S) H personally known to me - OR - D<~~1!I1II8JQnCthec8asisJOt~ to be the person(s) whose name(s) 1st'are subscribed to the within instrument and ac- knowledged to me that .t~/they executed the same in ~heir authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SIGN RE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTIDN DF ATTACHED DOCUMENT TITLE(S} TITLE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE @1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184 151 RESOLUTION NO. p- 95-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 95-04 ASSESSOR'S PARCEL NUMBER 321-090-34 WHEREAS, Minor Conditional Use Permit 95-04, submitted by Davide and Tess Golia, Applicants, requests approval to install six lights to a previously approved tennis court located at 15419 Vali Hai Road in the Rural Residential B - High Valley zone; and WHEREAS, on October 3, 1995, the City Council held a hearing on the above referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinos: The City Council finds that this project is not subject to the California Environmental Quality Act in that it is categorically exempt (Class 3) because a lighted tennis court is considered to be an accessory use to a single family home. Section 2: Findinos: 1. The proposed project is consistent with the general plan in that a lighted tennis court is considered to be accessory use for a single family residence in the Rural Residential B - High Valley zone. 2. That the proposed development will not have adverse. aesthetic, health, safety, or architecturally related impacts upon adjoining properties, in that the landscape installation, lighting design and court materials will allow the tennis court to be compatible with and screened from surrounding properties. 3. That the proposed development is in compliance with the Zoning Ordinance, in that it complies with lighting standards, and all other property development standards of the RR-B - High Valley zone. 4. That the proposed development encourages the orderly and harmonious appearance of structures and property within the City, in that all surrounding properties are under the same zoning designation as the subject lot and are to be developed as single family residences. 5. That there will not be significant harmful effects upon environmental quality and natural resources in that the project is considered an accessory to a single family residence, and conditions of approval for the project requi ri ng 1 andscape screening and limited hours of operation for the tennis court lights will mitigate potential negative impacts. EXHIBIT B ". 152 Resolution No. P-95-55 Page 2 Section 3: City Council Decision: The City Council hereby approves Minor Conditional Use Permit 95-04 subject to the following conditions: 1. Within 30 days of approval (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 on Real Property. 2. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. SITE DEVELOPMENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 3. Approval of this request 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. ' ., 4. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. 5. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. 6. A maximum of six lights shall be permitted of a height not to exceed 20 feet. All lights and light fixtures shall be certified by a qualified lighting engineer to: a. Be designed, constructed, mounted, and maintained such that the light source is cut off when viewed from any point above five feet measured outside the lot at the property line. b. Be designed, constructed, mounted and maintained such that the maximum illumination intensity measured at the wall of any residential building on abutting property shall not exceed one-half candle foot above ambient levels. 153 Reso 1 ut i on No. P- 95-55 Page 3 c. Said certification shall be provided to the Planning Services Department prior to the issuance of an electrical permit for the tennis court lighting. d. The lighting intensity shall not exceed 1000 watts. 7. Hours of operation for court 1 ights shall be restricted to the period between 7:00 a.m. and 10:00 p.m. 8. A 1 andscape and i rrigat ion pl an for the area between the tenni s court fence and property 1 i ne shall be submi tted to the Pl ann i ng Servi ces Department for review and approval prior to the issuance of an electrical permit for the tennis court lights. The landscaping consists of fast growing dense trees and shrubbery that will acceptably screen the tennis court and lights from surrounding properties. Installation of all slope planting and irrigation shall occur prior to final inspection. 9. The court surface must be designed, painted, and/or textured to reduce the reflection from lighting to the satisfaction of the Director of Planning Services. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 3rd day of October 1995. -:~.~. ATTEST: I hereby certify, under the pena'" of perjury, that the above and foregoing is a true and correct copy of Resolution No P-- ~ ,,~ as adopted by the City Councit of Poway, California on the if day ofCP~ 19 , . MARJORIE K. W AHLSTEN, CITY CLERK bY:~R ~/.i-/fJf'~ ')11 ~~ k:;Vcvv>--t; Marjorle ~. Wahlsten, City Clerk ,J 154 Resolution No. P-95-55 Page 4 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) SS. ) I, Marjori e K. Wahl sten, Ci ty C1 erk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-95-55 ,was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of October , 1995, and that it was so adopted by the followrng-vote: AYES: CAFAGNA, CALLERY, EMERY, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: REX FO RD