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Covenant Regarding Real Property 2004-1067871 .. "- ,,' ~'" . , . ' 718.4 - - - - - . ., --". . DOC # ;::-004-10e787\ RECORDING REQUEST BY: l I illlllll 1I111111 1111111111 IIII! Illilllllllllll 11111111111111111111111 CITYOFPOWAY l NOV10.2004 1Q'15AM WHEN RECORDED MAIL TO: ) CiFe IU.".L 1':FUIRr,' ) ~~.:'~ [:IE;~~51 r'i,:IUH T'i ~:~ c: IF:,C;E_,F ,~ ~=j~f~I~:~ CITY CLERK) L~E~';;IjR, .1,r.rITH, :,:~,u,n , REc'.IfH>-, CITY OF POWAY) FO,lot, Ifh ~g:~X i:~207 4-0789 l 1 111111 1I1!1 Illil 111111111111111 1I11111!li 11111 11111 11111 lIiii III!i 11111 II!III!! , v, ) 2004-1067871 ~~ No Transfer Tax Due ) (This space for Recorder's,Use) t~ APN: 277-220-38 @!'\ COVENANT REGARDING REAL PROPERTY Stephen C Trachsel, PROPERTY OWNER ("OWNER" hereinafter) is the owner oheal property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as .Assessor's Parcel Nu-mber 277-220-38 ("PROPERTY" hereinafter). In consideration of the approval of MCUP 03-10, 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, encumbraricers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that MCUP 03-10 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to.full reimbursement of all costs, including reasonable attorneys' fees, from the other party OWNERS j U " Dated: -.iJ 2q /04 By'. l- e. . /hr>-7/ Stephen C Trachsel, Owner (Notarize) Dated: 3/0 c..r By' Niall Fritz, Directcir'of D 04 -18 r " . ... C~~IFO~NIA ALL.PURPOS'ACKNOWLEDG....Ia.NT . 7185 No. 5907 State of C(;( \', ~V (\'l u\ County of \ oS (\-Y\~e \z,S On. Mosc--V\ 2 q Ilc:oL\- before me, Rb\',<:.. , DATE personally appeared ? e PA-EJV\ c.. '\ -aA..c...\;\"---iZ... \ , NAME(S) OF SIGNER(S) [1'(personally known to me - OR - 0 proved to rne on .the basis of satisfactory evidence to be the person!Jl1 whose name(}l1 is/91'e subscribed to the within instrument and ac- knowledged to me that he/s)(e/ti)6y executed the same in his/h~/t~ir authorized capacity~ and that by his/h.e1ltlA'6lr j signature' on the instrument the person~, or the entity upon behalf of which the persony0 acted, executed the instrument. MICHELLE A, BO.N!;IL_S ~ Commission 1/-1305532 % -'. NotaryPubiic' California ~ z- .... -..... - l i: ;0:., Los Angeles County, ..,.-,.... MyConrn. ExpiiesMliy24, 2005 ~ " " r , 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 DESCRIP1:lPN OF ATTACHED DOCUMENT INDIVIDUAL o CORPORATE OFFICER CQ\lewAV\~ Q.e~d\(\~ <i<pV\\ ?/l)~~ TITLE OR PE OF D UMENT T1TLE(S} -. - . o PARTNER(S) o LIMITED l o GENERAL o ATTORNEY,IN.FACT NUMBER OF PAGES o TRUSTEE{S) o GUARDIAN/CONSERVATOR o OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: f>!AME or PERSQN(S) OR ENTITY(IES} SIGNER(S) OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION. 8236'Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 . . 7186 EXHIBIT A LEGAL DESCRIPTION LOT 38 OF CITY OF .POWAYTRACT NO 98-02 HERITAGE RANCH ESTATES, IN THE CITY OF POWAY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 14388. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8, 2002, 1 -~. ~_ .' r:. ~,~ .. , , . . .'-'<......'.:; ..,.".- N_' .~, ~... I .<::.:____~.:r.._.. ..;" :t...J.. < .'~il1'F'i"qT~':;,<o:l; " . . EXHIBIT .B 7187 RESOLUTI0N,N0. P-04-19 A RESOLUTlON0F THE'GIJYG;OU,NCIL OF THE G;ITY OF POWAY,CALlFORNIA .. .'-, '. '.."'._.' -. ,''''..co APPROVINGfVil}'JQR'90NDITIQNAL USE PERMIT 03-10, A REQlJESTTO,INSTALL TENNIS COURT LIGHTS ON,LOT"38,ARESIDENTAL L0T LOCATED AT 18750 HERITAGE DRIVE IN THE HERITAGE II DEVELOPMENT IN'THE RURAL RESIDENllAL AlONE ASSESSOR'S PARCEL NUMBER277-220-38 WHEREk:S, Mii;}orConditioricil Use Permit(MCUP) 03-10, was submitted!by Steven C TrClchsel, Applicant, to permit the installation oftennis',court lights,on..Lot 38, a"residentiallot located at 18750 Heritage':Drive in theHeritage II development in the Rural Residential A (RR- A)zone; and WHEREAS, 911 March 16,,2004,Jhe City Council:helda duly advertised public hearing to soliCit comments from the public" both pro and con, relative'to this application. NOW, THEREFORE, BElT RESOL VEDby tDe GityCoLincil of the City of Poway, as follows: Section 1 The City ,Council' finds that MGUP 03-10 is' exempt from the p~ovisionsofthe California EnVironmental 0ualfty,Act (CEQA), as a Glass'3 Categorical Exemption, pur~uai1t to Section 153030f the€EQA Guidelines, inthaUtinvolves the construction of an accessory structure for an existing single-family residence Section,2, The findings,lh accordance with Section 1,7;,48070 of the Poway Municipal Code, to approve MCUP 03-1'0, to permit the installation'of'tennis court lights on Lot 38, a residentiallot on Heritage Drive located in the Heritage II development in the RR-A zone, are made as follows, A. The design of the PCop()sE:ld,'tennis courtlightih9 will meet the required lighting type, heiglit limit, and operating hours; and will otherwise comply with all of the relevant codes,and standards ofthe:Coity of Pow;:JY, The prop'o~~a '9s.e,i~ c,olJ~id_ere2tobelan Cl"Q,wable acce.ssor'y uS,e in th~ ,zone, with,the approvalofa Minor Conditional. Use Permit Therefore'; the proposed location,size, design, and operating'characteristics ., . ' . ofthelproposed'use are in accordancewiththetitleiand purpose of Section 17 48,070, the purpose of the zone in! which the site is Iqcated, the. eity General Plan, arid the development policies,;;md standards of the City B The location anddesjghofthe proposed tennis courtlightingwill not create a negative visual impact' on surrmmding properties as it will be set back from the property boundaries, will utilizelow impactlighting fixtures, and the light:poleswill.be softened by landscaping. T:herefore, the:location, size, design, and operating characte?istics of the proposedusewill be compatible with and will not Cldversely affect or ~,e materially detrimental to adjacentuses:residents, buildLrigs, structures, or natural resources. . . 7188 Resolution No. P-04-19 Page 2 C TheJight standards are limited:in number and;size, and the project is located on a large site, surrounded by other large sites. liherefore, the harmony in scale"bulk, coverage, and density of the project is consistent with adjacehtuses. D There are pUblidadlities, services, and utilities available. E. The proposed lighting will be directed within the project boundaries and it will be softened by landscaping to,mitigate its visibility from the surrounding properties, The lighting will further bf? shielded'by screening, on'thetennis court fencing, Therefore, there will be no harmful effe~ts upon desirable neighborhood characteristics. F The project is located on..a large parcel, whichiallows adequate setback to the tennis court Iighting>~approximately40' feet from the nearest.inte.-ior.,property lineanchoyer 200 feet from:Heritage Drive, Therefore, the siteissLiital:ile for the ty-peahd' intehsityof.use or development that is proposed G The project is limited in scope; therefore, there ,will be no significant harmful effects upon environmental quality and natural resources. H, The proposed use is, CiIJ/allowable accessory use iiI], the RR~A zone. Therefore, the impacfs, as des~ribed aboy@; the proposed location, size, design, and operating characteristics of the proposed use, and the conditions' under which it would be , operated or maintained, willnotbe detrimentalto the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, nor be'contraiy to the adopted General Plan; and I That th,e proposed conditional uses will comply with each;of the applicable provisions of Section 17 48 070 ofthe poway MunicipaiCode, Section 3. The City Council hereby approves MCUP 03-10 for the installation of tennis court lights on Lot38, a residentialloflocated on Heritagejl3tive in the Heritage II development ihthe RR-A zone, as shown ohthe. plans dated July 17,2003, subject to the following ,conditions, A" Approval of this MCU Pshall,apply 9,[1ly to the subject pr6j~ct and shall. not waive compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of BuildingPermit.issuance. B. Within 30 days of the date of this:approval: (1) th,e applicant shall submitin writing that all conditions of approval have been read and understood, and, (2)the property owners shall execute a Covenant Regarding Real Property C The use conditionallygranted,by this approval shall not be conducted hsuch a manner as to interfere with the reasonable use and enjoyment of surrounding residential uses, . . 7189 .Resolution No. P-04-19 Page 3 D The'conditions 'of.MCUP, 03-10 shalLrE!mCjin in effectJorthe life of the subject tennis court arid tennis courtdighting;,andshallruriwiththe land and be binding upon future owners, successors, heirs,a~nd'transfe'rees"of the current property owner E, Pfior to issuance:of a,Building Permit, the appiicant shall comply with the following: 1 The applicant shall pay all applicable engineering, plan checking, perrnit, and inspection fees. 2, The applicant shall comply with the, latest' adopted Uniform Building Code, National Eiectric Code, and, all other applicable codes and ordinances in effect at the time of Electrical/Building Permit issuance 3. The ~itEl:shaJI be'deyelopedin 9t:cordance with ,the apRrovedsite plan on file in the Qevelopmert Services Departrrientcio4th,e Gonditlons contained herein, Grading' of the dot shall be in accordance'with the Uniform Building Code, the City G'rading'Ordinance, the approved grading plan, the approved soils report, and grading p'ractice~' acceptable to the City .All components of the tennis courtllightinginstalliltions (i.e., inthicj.irig fOotings) are entirely outside the easement onsite, 4 Pursllantto 'section 17.30'.020 Q of the Poway Municipal Code, the applicant shall submitlighting, plans that reflect thaUhelighting will be shielded from the adjacent'propertiesto,thesatisfaction of thE!' Director ofDeveloprnent Services. 5 Pursuant to section 17 30,020,E of th'e Poway Municipal Code, the building plans!'shall depict,.to the satisfaction ofthe, Girector of Development:Services, that the suppoi1 posts, light poles, and fixtures will be painted a dark non- - ',; reflective color so as to reduce their overall visibility 6 Pursuant to Section 1,7 30020,F of the poway Municipal Code, the building plans shall depict,:to the satisfaction of the Director of Developrnent Services, that, dense' SCfcsE?nioglandscaping will' be installed so as to soften the. appearance,oft,he Iignt pples, 7 The buiidingplansshall depict, to the satisfaction of the Director of Development,Services"thatlightingis on'a'timer of limited duration, designed to prevent the Iights'ffomaccidentally beingdeft on, 8. Light'pole fixture height shall not exceed 18 feet. Lighting fixtures shall be a maximum of 1 ,000"watt,. high-pressure sodium lighting fixtures as, required by Section 17 30 and shall be maintained for the life of the project. Metal halide lighting is prohibited F Prior to 6btainirlg a final inspection on theSuilding Permits, the applicant shall comply with the following: ~, . . . .' , . 7190 Resolution No. P-04-19 Page 4 ,1 The tennis court light$shall t>cedevE3l6'p~~JIJ:accordance with theappmyedplan on file in the Development Services DElparthient and the conditions contained herein. A final .inspection from the appropriate City Departments will be req u ired 2. The applicant shall provide a certification by alighting contractor that all lights' and light fixtures have been designed, constructed, mounted, and maintained ,such that the light source'iscut offwhen viewed from any point al?ove five feE:)t mei3~,~rEld at te,nfEl.et frornthe edge of the court. The lighting contractoh;hall certif}dhatalllight fixtLires have been des!gned,constructed, mounted light shields.installed, and maintained such that the maximum illumination intensity measured aUheproperty line shall not exceed one-half- foot candiE) abo'I,e ambientlight levels. 3 'Should the lighting contractor not 'be able to certify the installation pursuant toConditior:\ F20f',this rE3solutibn, plan.s ~l1all be ,submitted to the Planning Division dernbnstra~irig modifications'of.thMixtures and/or landscape screening, and/or tennis court' fence screening; necessary to be able to meet said requirements. Upon approval (if arw)'and on installation of said measures, the applicant shall call for a follow-up final 'inspection, 4 Shouldthe lighting contractornotbe able to certify the installation pursuant to ConditionsF2 andF,3;abovei the approvalgranted herein shalF be revoked and the lighting'fixtures and light poles shall be removed G Upon installation onhe tennis court and tennis court lights; pursuant to MCUP 03c1 0, the following shall apply' 1 Pursuant to Sec;tion 17,30020 C 3, the'teiiriis court lighting shall be used only between 7'00 a.m. and 10'00 p,m, 2, The required landscaping has been installed between the tennis court fence and the property line, Hnd said landscaping shall be maintained in a floLJrishlng mahne,r;;tb;th~'satisfadi91] onhe, DireCt6'f'of'Developmerit S~rvices. 3. Thelightstandards',are limited in' number; size, height, and light shields, which shall meetthe requirements for sl;1)elcjingtl1e Iightfixtures. The maximum height of lights shall not exceed 18 fe~t fro,rn'grade The applicantshall comply With the ,required maximum 1 !OOO,watt,high-ptessure sodium lighting fixtures pursuant to Section 1.7.20 020 G'"andshall be maintained to the:satisfaction of the Director of Development Services Section 4 The,approval ofMCUP 03-10 expire on March 16,2006, at 5:00 p.m. unless, p~ior t9 that time, a Building Permit' has been issued, and constru~tion on the property in reliance on. the MCUP approval has co[m'nenced' prior to its expiration. - "- -, , . . . . ' ' . . . 7191 ResolLition No, P-04-19 Page 5 PASSED, ADOPTED and APP8,(i)YEDbytl]eCityColmcil ofthe City of Poway, State of California, this 16th day of March -2004 ATTEST I ~.~f , " . '.1 '" . Qd; $herrie D,Woffell, Deputy City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Sherrie D Worrell"Deputy City Clerk of the City of Po way, do hereby certify: under the pel1a1tyof.perjury, thattheforegoing ResolutionNo, P-04-'-l9 , was duly adopted by the City Council at a meetibg of said City Council l;1eld on,the 16th day of March 2004, and ,that it was so adopted by the following vote AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSTAIN: NONE " ABSENT NONE ~~:~j~ltYClerk City of Poway