Covenant Regarding Real Property 2003-1427683
. 9514 DOC. 2003-1427683
RECORDING REQUEST BY' )
" ) 1\ DEe 02, 200,j 9:20 At-I
CITY OF POWAY )
) , OFFICIAL RECORDS
WHEN RECORDED MAIL TO: ) \ . SAN DIEGO :COUNTY RECORDER'S OFFICE
~rf ) GREGORY J. SMITH, COUNTY RECORDER
IO? CITY CLERK ) FEES: 35.00
CITY OF POWAY )
14M P O:BOX 789 ) ,.
1111111111111111111111111111111111111111111111111111111111111111111111,
POWAYCA 92074-0789 )
) I ' 2003.1427683
No Transfer Tax Due ) (This space for Recorder's Use)
APN: 276-140-12
COVENANT REGARDING REAL PROPERTY
Midori Financial LLC, PRQPERTY OWNER ("OWNER" heteinafter) is the owner of
real property which is commonly known as Assessor's Parcel Number 276-140-12
("PROPERTY" hereinafter) and more particularly described as Parcel 4 of Map No. 14319
in the City of Poway, County of ' San Diego, State, of California as recorded in the Office of
the County Recorder filed on June 18, 1986, under instrument number 86-245870 In
consideration of the approval offV1CUP 03-005, by the Gity of Poway ("CITY" hereinafter),
OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit A).
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In the event that MCUP 03-005 expires or is rescinded by City Council at the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
OWNER:
Dated' it Ii / 0 '1 BYC~
I I ~. (Notarize)
OWNER: M;c\o~ R" 4,.,c~ it I LLC.
Dated iI/lh'~ By' rfift/lJYL!J jCAJ i~~
, ,
f (Notarize)
CITY OF POWAY
Dated It) . 2.CJ. 03 By' ~~4:~ ~ .
Niall Fritz, Director of Devel ent Services
M:\planning\03report\mdraID3-62\mcup 0305 CQv.doc !V\(I;\!lP 6?-m~
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. 9515.
CALIFORNIA ALI:;.Pl,IRPOSE ACKNOWLEDGMENT - No. 5907
State of C, ! , +;'rvl' )
County of <;, v1 (), ,.. 'j~
On 11- 1-03 before me, v:..."A { IM,/I ~r 1\.1,.+"" P",(.,/;<.,
DATE NAME, TITLE OF OFFICER E.G" "JANE DOE. NOTARV PUBLIC"
personally appeared Co" -:5, r=>...lklA~r "VI,..,! VV/".r,ly'" r;" r-:><AII"VtU",
NAME{S} OF SIGNER(S}
g personally known to me - OR - 0 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
si9nature(s) on the instrument the person(s),
~ - - - - - - - - - - - - J ' ,
KEVIN C. MILLER' or the entity upon behalf of which the
-8' commisslon#.126744,l:z person(s) acted, executed the instrument
~,-~ Notay Publk:- California' ~
~ SanDie90 Coun1y 'f
_ _ _ _My~_?:*~J"21:~ ' WITNESS my hand and official seal.
tL c. /1/lk
SIGNATURE 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 DESCRIPTIDN OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(Sl
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASQN(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993'NA,TIONAL NOTARY ASSOCIATION,- 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
. 9516.
RESOLUTIONNO P-03-77
ARESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT (MCUP) 03-05
ASSESSOR'S PARCEL NUMBER 276-140-12
WHEREAS, MCUP 03-05 submitted by Craig Faulkner, Applicant, requests the
approval to construct a lighted tennis court on an approximate 16-acre property (Parcel
4 of Map 14319) located on the north side of Old Coach Road, north of the Heritage II
development, in the Rural Residential A zone, and
WHEREAS, on November 18, 2003, 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 found to be Categorically Exempt from the California
Environmental Quality Act (CEOA), as a Class 3 Categorical Exemption, pursuant to
Section 15303 of the CEOA Guidelines, in that the project proposes the construction of
structures ancillary to a single-family home.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, to approve MCUP 03-05, are as follows:
A. The design of the prqposed tennis 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 The proposed use is
considered to be an allowable accessory use in the zone, with the approval of a
Minor Conditional Use Permit. Therefore, the proposed location, size, design
and operating characteristics of the proposed use are in accordance with the title
and purpose of Section 1748 070, the purpose of the zone in which the site is
located, the City General Plan, and the development policies and standards of
the City
B The location and design of the proposed tennis court lighting will not create a
negative visual impact on surrounding properties as it will be set back from the
property boundaries, will utilize low-impact lighting, fixtures; and the light poles
will be softened by landscaping. Therefore, 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, residents,
buildings, structures, or natural resources
E't..\-')lJ;;~A"
. 9:fl.,t.:!1 .
Resolution No P-03-77
Page 2
C The Iight'standards are limited in number arid size, and the project is located on
a large site surrounded py other large sites. Therefore, the harmony in scale,
bulk, coverage, and density of the project is consistent with adjacent uses.
0 There are public facilities, services, and utilities available,
E. The proposed lighting .will be directed within the project boundaries and will be
softened by lands~aping to mitigate its visibility tromthe surroundirig properties.
The lighting will furt~er be shielded by screening on the tennis court fencing.
Therefore, there will be no harmful effects upon desirable neighborhood
characteristics.
F The project is located on a large parcel, which allows adequate setback to the
tennis court lighting, approxim'ately 30 feet from the nearest exterior property line
Therefore, the site is suitable for the type and intensity of 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 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, and
I That the proposed conditional uses will comply with each of the applicable
provisions of Section 1748.070 of the Poway Municipal Code.
Section 3 The City Council hereby approves MCUP 03"05, subject to the following
conditions:
A. Approval ofthis MCUP shall apply only'to the, subject project and shall not waive
compliance with all sections of the Zoning Ordinance,arid all other applicable City
ordinances iri effect at the time of Building Permit issuance
B Within 30 days of the date of this approval (1) the applicant shall submit in
writing that all conditions of approval have been read and understood, and, (2)
the property owners shall execute a Covenant Regarding Real Property
. ~9518 .
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Resolution No P-03-77
Page 3
C, The use conditionally granted by this approval shall not be conducted in su~b a
manner as to interfere with the reasonable use and enjoyment of surrounding
residential uses.
D The conditions of MCUP 03-05 shall remain in effect for the life of the subject
tennis court and tenhis court lighting, and 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 tl:1e respective
parties.
E. Prior to issuance of a Grading Permit, the applicant shall comply with the
following:
1 A grading plan for the project shall be prepared on a City of Poway
standard mylar .at a scale of 1" = 20', and submitted along with a Grading
Permit applic!3tion and applicable fees to the Development Services
Department, Engineering Division, for review and approval. A grading
plan submittal checklist is available at the Engineering Division front
counter As a minimum, the grading plan shall show the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes. shall be shown with a minimum of
5-foot setback from open space areas and property lines. Buildings
shall be located at least 5 feet from tops and toes of slopes, unless
waived by the Planning Division and/or the Engiheering Division
prior to issuance of a Grading Permit.
b. A separate erosion control plan for prevention of sediment run-off
during construction.
c. All iutilities (proposed and existing), together with their
appurtena'nces and associated easements. Encroachments are not
permitted upon any easement without an approved Encroachment
Agreement/Permit.
d Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City prior to
any installation work.
e Finish grade and finish surface elevations throughout the new
tennis court.
. 9519 .
Resolution No. P-03-77
Page 4
f. All drainage improvements for proper conveyance of site drainage
from the tennis court.
g. Top of wall and bottom of wall elevations for any new retaining
walls. Retaining walls shall be part ofthe Grading Permit.
h. All cOrnponents of the tennis ,<ourt/lighting installations (ihcluding
footings) are entirely outside the easement on-site.
i. A soils/geological report shall be prepared by an engineer licensed
by the State of California to perform such work, and shall be
submitted with the grading plan.
j. A draina.ge study using the 100-year storm frequency criteria shall
be submitted with the grading plan. The drainage system shall be
capable of handling and disposing all surface water within the
project site and all surface water flowing onto the project site from
adjacent lands. Said system shall include all easements reqLiired
to properly handle the drainage. Concentrated flows across
driveways are not permitted
2. To insure compliance with the Clean Water Act, the applicant shall
prepare a Storm Water Pollution Prevention Plan (SWPPP) thalieffectively
addresses the elirriination of non-storm runoff into the storm drain system.
The SWPPP shall include, but not be limited to, an effective method of
hillside erosion and sediment control, adesiltation basin that has a
capacity of 3,600 cubic feet of storage per acre drained, or designed to
remove fine silt for a 10-year, 6-hour storm event, a material storage site,
measures to protect construction material from being exposed to storm
runoff, protection of all storm drain inlets, on-site concrete truck wash and
waste control, a'nd other means of Best Management Practices to
effectively eliminate pollutants from entering the storm drain system. The
applicant shall certify the SWPPP prior to approval of the grading and
improvement plans. . The SWPPP may be incorporated with the erosion
control plan, but shall be under separate cover from the grading and
improvement plans
3 The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
4 Grading sequrities in the form of a performance bond and a cash deposit,
or a letter of credit, shall be posted with the City A minimum $2;000 cash
security is required.
. 9520 .
Resolution No P-03-77
Page 5
F Prior to issuance of a Building Permit, the applicant shall comply with the
following:
1 The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Electrical/Building Permit issuance,
2. The site shall be developed in accordance with the approved site plan on
file in the Development'Services Department and the conditioris contained
herein. Grading of the lot shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the
approved soils report, and grading practices acceptable to the City All
components of the tennis court/lighting installations (including footings)
are entirely outside the easement on~site
3 Erosion control, including, but not limited to" desiltation basins, using Best
Management Practices, shall be installed and maintained by the
developer The developer shall maintain all erosion control devices
throughout construc::tion of the project.
4 Rough grading of the tennis court pad is to be completed and shall meet
the approval ofthe City Inspector, including the submittal of the following:
a, A certification of line and grade, prepared by the engineer of work.
b A final soil compaction report for review and approval by the City
5 Prior to start of any work within City-held easements or right-of-way, a
Right~of-Way Permit shall be obtained from the Engineering Division of the
Development: Services Department. All appropriate fees shall be paid
prior to permit issuance.
6 Pursuant to Section 17 30 020 C of the Poway Municipal Code, the
applicant shall submit lighting plans that reflect that the lighting will be
shielded from the adjacent properties tb the satisfaction of the Director of
Development Services
7 Pursuant to Section 17 30 020.0 of the Poway Municipal Code, the
building plans shall depict, to the satisfaction of the Director of
Development Services, that the surface area of the court will be designed,
painted, colored arid/or textured to reduce the reflection from any light
falling on it.
. 9,521 .
Resolution No P-03-77
Page 6
8. Pursuant to Section 17 30 020.E of the Poway Municipal Code, the
building plans shall depict, to the satisfaction of the Director of
Development Services, that the fencing, support posts, light poles, and
fixtures will 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.
9, Pursuant toSectiofl 17.30020.F of the Poway Municipal Code, the
building plans shall depict, to the satisfaction of the Director of
Development'Services, that dense screening landscaping will be installed
so as to soften the appearance of the tennis court fencing and light poles.
10 The building plan-sshall depict, to the satisfaction of the Director of
Development Services, that lighting is on a timer of limited duration,
designed to prevent the lights from accidentally being left on.
11 Tennis court fence/wall height shall not exceed 10 feet as required by
Section 17.30 of the Poway Municipal Code. Fence/wall height is
measured ftom the'finished grade of the court surface. 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 ofthe project.
G Prior to obtaining a final inspection on the Building Permits, the applicant shall
comply with the following:
1 The site shall be developed in accordance with the approved plan on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City Departments will be
required
2. Drainage facilities, slope landscaping and protection measures, utilities,
and retaining walls shall be constructed, completed, and inspected by the
Engineering Inspector
3 An adequate drainage system around the tennis court pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector
4 The cjeveloper shall repair, to the satisfaction of the City Engineer, any
and all damages to the streets caused by construction activity from this
project.
5 All proposed utilities within the project site shall be installed underground
. "l22
Resolution No P-03-77
Page 7
6 Record drawings, signed by the engineer of work, shall be submitted to
the Engineering Division prior to a request of occupancy, per Section
16.52.1308 of the Grading Ordinance. Record drawings shall be
submitted in a manner to allow the City adequate time for review and
approval prior to issuance of occupancy and release of grading securities.
7 The applicant shall provide a certification by a lighting contractor tbat all
lights and light fixtures .have been designed,. constructed, mounted, and
maintained such that the light source is cut off when viewed from any point
above five feet measured at ten feet from the edge of the court. The
lighting contractor shall certify that all light fixtures have been designed,
constructed, mounted light shields installed, and maintained such that the
maximum illumination intensity measured at the property line shall not
exceed one-half-foot'candle above ambient light levels.
8 Should the lighting contractor not be able to certify the installation
pursuant toCoridition G 7 of this resolution, plans shall be submitted to
the Planning Division demonstrating modifications of the fixtures and/or
landscape screening, and/or tennis court fence screening necessary to be
able to meetsaid requirements. Upon approval (if any) and on installation
of said measures, the applicant shall call for a Jollow-up final inspection.
9 Should the Iighti!lg contractor not be able to certify the installation
pursuant to Conditions G 7 and G.8 above, the approval granted herein
shall be revoked and the lighting. fixtures and light poles shall be removed.
H. Upon installation of "the tennis court and tennis court lights, pursuant to MCUP
03-05, the following shall apply'
1 Pursuant to Section 1730020 C 3, the tennis court lighting shall be used
only between 7'00 a.m. and 10:00 p.m.
2. The requited landscaping has been installed between the tennis court
fence and the property line, and said landscaping shall be maintained in a
flourishing manner; to the satisfaction of the Director of Development
Services.
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 Section 17.20.020 G, and
. 9523 .
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Resolution No P- 03-77
Page 8
shall be maintairiedto the satisfaction of the Director of Development
Services
Section 4 The'approval ofMCUP 03-005 shall expire on November 18, 2005, at 5'00
p m, unless, prior to that time, a Building Permit has been issued, and construction on
the property in reliance on theMCUP approval has commenced prior to its expiration
PASSED, ADOPTED and ApPROVED by the City Council of the City of Poway,
State of California, this 18th day of November 2003,
ATTEST
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, Gity Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-03-77 , was duly adopted by
the City Council at a meeting of said City Council held on the 18th day of November
2003, and that it was so adopted by the following vote
AYES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN, NONE
ABSENT NONE
La Anne Peoples, City Cler
City of Poway