Covenant Regarding Real Property 2002-1149091
~> -i I . 8543 DO~ 2002-1149091
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RECORDING:REQUESTBY: ) "'DEe 17. 2002 8:43 AM
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CITY OF POWAY ) OFFICIAL RECORDS
WHEr-J. R.ECORDED MAil TO: ) .SAN,DIEElllllJNT.V RECORDER!S OFFICE
) GRfIillRV J. SIIITH, COUNTY RECORDER
) FEES: '38.00,
CllV CLERK ) (
CITY OF POWAY ) , 1111111111111111111111111111111111111111111111111111111111111111111111
P 0 B,OX 789 ) ..' 2002.1149091
POWAY CA 92074"0789 )
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No TransferTax Due ) (This space for Recorder's Use)
\\f COVENANT REGARDINC3REAl PROPERTY
V Don and Lee Ta rtre , PROPERTY OWNERS ("OWNERS" hereinafter) are the
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owners of r,eal property described in Exhibit A w/;1ich is attached hereto and made a part
hereof and which is commonly known as Assessor's Parcel Number 275-530-17
("PROPERTY" hereinafter) al"ld more particularly described in Exhibit A. In
consideration of the approval of MCUI? 02c004, by the City of Poway("CITY"
hereinafter), OWNER hereBY agrees to abide by conditions cifthe 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In the event that'MGUP 02c004 expires or is rescinded by City Council at the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 E;lventof'litigati6nito'eriforce the provisionsoHhis Covenant, the prevailing
party shall be entitled to'fulI reimbUrsement of all costs, inciuding reasonable attorneys'
fees,from the other party
Dated U!2.1iO......... By'
( (Notarize)
OWNER:
Dated: ~/~ BY:W';f\):: -:h n-rQ.
Lee Tartre (Notarize)
CITY OF POWAY
Dated: 0; A~~~ By' 4'
Niall Fritz, Director of Dev
M;IPLf'.NNI NGIO?REPORT\MCUP-IMCUP02.004COV,DOC
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CALIFORNIA ALl.PURIPOSE ACKNOWLEDGMENT
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, State of California,
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8'" OFFICIAL SEAL "
.' r . .,'- "PATRICIA S, O'SULLIVAN ",'
;;; , . NOTARY PUBlIC.CALIFORNIA2j
~. e: 0 COMM. NO. 1347629 c.
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, I ~/ MY COMM. EXP MAR 22, 2006 WITNESS my hand and offiCial seal.
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Place Notary Seal Above Signature cf-Notary Public 'I
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
I, and could prevent fraudulent removal and reattachment of this form to another document.
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I Description of Attached D9F~ment t . K JJ
: Title or Type of Document UJiJ-PfflJ)..'IlJ.., ~A..w &- ~ n ( T/li'fl/l'l)
, Document Date: II /.:23 /O~ Number of Pages: I
I' 1
I Signer(s) Other Than Nam_ed Above: ~
Capacity(ies) C~ by, Signer ,~'~'
Signer's Name: V 0JLl7l1 ) VCJ,'LtiLu'
:' 0 Indivii:lual Top ~f thumb here
, 0 Corporate Officer.,- Title( s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
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Signer Is Representing:
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ell999 Nallollal Notal)' Association' 9350 De Solo AVE_, PO, Box 2402 . Chatsworth, CA 91313 2402 . www.nationalnotary.orgProd.No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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EXHIBIT A
LEGAL DESCRIPTION
LOT1,33 OF VALLE VERDE:ESTATES UNIT NO 5,.1N THE CITY OF POWAY,
'COUNTY OJ:: SAN DIEGO"STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF"NG 6806, FILED'INTRE OFFICE OFTHE COUNTY RECORDER
OF SAN DIEGO COUNTY, DECEMBER 16,1970
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EXHIBIT B
RESOLUTION NO P-02"67
A RESOLUTION OF THE,JCITY€0UNCIL
OF THE CITY OF POWAY,CALlFORNIA
APPROVING MINOR CONDITIONAL,USE PERMIT 02c004
AND MINOR DEVELOPMENT REVIEW APPt:ICATION 02-48
ASSESSOR:S PARCEL NUMBER 275-530-17
WHEREAS,Mirior Conditional Use Permit (MCUP)02"004 and Minor Development
Review'Application (MDRA)' 02"048, were submitted byDon and Lee Tartre;Applicant, to
allow the construction of a new tennis court with 8 light poles oll,a'developed residential lot,
located at 12941 Avenida La Valencia, in the Rural Residenticil'-C (RRCC) zone; and
WHEREAS, on November 12, 2002, the City Council held a duly advertised public
hearing to solicit comments'fromthe public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1 Tile City Councilfiqcj,s\thatMCUP 02-004 ahd M,qRA 02-48 are exempt from
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the provisions of the California Environrnental Quality Act (CEqA), asa Class 1 Categorical
Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that it involves the
construction of an accessory structure for an existingsihgle-family residence
Section 2: The findings, in accordance with Section 1,7 48.070 of the Poway Municipal
~9'ae, toapP!O\/ei MCUP 02"Q04 :<!n(J ty1DRA 02-48" tg allow t,hfl construction 6f,a he>>,
tennis,courtWith inightpoles onia developed residential16fat 12941 AvenidaLa Valencia
in the RR-C zone, are made as follows:
A Tt:le design of the proposed tennis courtlightingwill meet the required lighting type,
height limit, and operating hours; and willothefwise comply with all ofthe relevant
codes and standards ofthecCity of Poway. The proposed use is considered to be
an allowable accessory use in ,the RR-C zone, with the approval of a Minor
Conditional Use Permitand Minor DevelopmentReview Application. Therefore, the
proposed location, size; design, and operating characteristics, of the proposed use
are inaccordance,>>,ith th~ title ahd plirpose qf Se.ction 17 48,070, th,e pU~PQse of
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the zone in which'thesite is located, the City General Plan, and the aevelopment
policies and standards of the City
B The locatiqn and desigrj of the proposEJd teimif; court lighting will not create a
negative visual impact on surrounding properties since it will be set back from the
property boundaries; ilwill.utilize low impactlighting fixtures, and theiight 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 adjacentuses, residents, buildings, structures,
or natural resources
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Resolution No, P:02"67
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C The light standards are limit~d innumbergi'1<:i sii~,aDd thep[ojectis located on a
1 16~acre site, botdereaby a creek and I.argetr~es on the rear of the property
Therefore, the harmony il"l scale, bulk, 'coverage, and density of the project is
consistent with adjacent'uses.
G There are publicfacilitiesi'services, and utilities available.
E. The proposed ligl:1ting jr,(iil be directed within the project boundaries and it will be
softeriedby landscapiflg.!o mitigate its visibility,from the surrounding properties.
lihe lighting will further be shielded by screening on the tennis court fencing.
therefore, there will be no harmful effects upon desirable neighborhood
characteristics.
F The project is IQcated,oha Large 1 16-acre parcel,,which allows adequate setback
to the tennis cqurt lightIng. Therefore, the site'issJitableforthe type and intensity of
use or development that is proposed.
G The project is limited in scope, therefore, t/;1ere will be no significant harmful effects
uponenvironmental.quCllitYand natural re,sotfrces,
H The proposed Use:isan allowable accessory useiinthe,RR-C 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 notbe detriiner,italtothe puqlic'he?lt!1:safety;,orWelfare,
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or materiallyinjuribus to properties or improvemerits1iri 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;0.70 of the Poway Municipal Code.
Section 3 The City Coynpil hereby approves MCUP 02-004 and MDRA02-48 for the
construction of a newtenflis court with 8 light poleson,a developed residential lot, located
at 12941 Avenida La Valencia, in the Rural Residential~C (RR'C) zone, as shown on the
plans dated July 12, 2002,subject to, thefollQwing cOl1cJitions:
A. !>;pproval,ofthis MCUP al)d MDRAshall apply only to,the subject projectand shall
not waive compliance with ,all sections of the, Zoning Ordinance and all other
applicable City ordinances in effect aHhe time,ofBuilding Permit issuance.
B Withih 30dilYs 9fth~ d_ate of this approval (1) the applicant shall submit in writing
that all coriditionsofapproval have been read and understood; and, (2) the property
owners shall execute aCovenanton Heai Property
C The'use conditionally;granted by this"approval shall not be conducted in such a
maImer as to interfere 'With the reasonable use and enjoyment of surrounding
residential us~s.
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Resolution No. P-02-67
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0 The conditions of M9UP OUJ04 and MORA O;z.~48.st:!ClUremaih in ~ffect for.the'life
of the su bjecMehn is coUrtand tennis cOlJl1ligj:1tiP9, ahd shall run with the land and
be binding upon future ,owners, 'successors, ,heirs, and transferees of the current
property owner
E', Prior to issuance .of aGrading Permit, the applicant shall. comply with the following:
t, AgrClcJihg plahtor tQ,eproject shall be PH~parE(90n a City,ofPowaystandqrd
Mylar at a scale of ,1" = 20', and supriiittedalong with a grading permit
'application: and applicable fees to the Development Services Department,
Engineering Division, for review and .approvaL A grading plan, submittal
checklist is availClble at the Engineering Division front counter As a
minimum, the grading plan shall showth~ foljowing:
a. All:new siopes with a maximum2:o1 (horizontal to vertical) slope. "raps
and toes of graded slopes shall be shown ,with a minimum of 5-foot
setback.fromopenspaceareas and property lines. Buildings shall be
located,at least 5 feet from tops and toes of slopes, unless waived by
the Plan)1ing Division and/or the Engineering Division prior to issuclnce
of a grading permit.
b A separate'erosion control plan for prevention of sediment run-off
during construction,
c. All utilities (pr,bposed and existi[1g), tog~therwiththeir appurtenances
and assoCiated easements, Encroachments are not permitted upon
any easement without an approved:encroachment agreement/permit.
d Locations'of'C1ILutility boxes, clearly identified,incoordinationwith the
respective 'IJtility companies,. and approved by the City prior to any
installation work. '
e. Finish grade:and finish surface elevations throughout the new tennis
cou rt,
f AIL drainage improvements for proper'conveyance of site drainage
frorn the tennis court,
g, Top of, wall.and bottom of wall elj3vations for any new retaining walls.
Retairiihgwalls sha,ll be part ofthe grading 'permit.
A soils/geologicaL report shall be prepared by an engineer licensed by the
State oH:alifornia to performsuch'work, and shall be submitted with the
grading plan
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Resolution No. Pc02c67
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A drainage study using the 100-year storm frequency criteria shall be
submittedwiththe'grading plan. The drainage,system shall be capable of
handling and disposing all surfacewaterwithin the project site and all surface
water flowing'onto the project site from adjacentlands. Said system shall
include all easements required to ~roperly handle the drainage.
Concentrated f1ol.'{s across driveways"are not permitted
2. To ;insure complial"lcewith the Clean Water,Act, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP)fhat effectively add~esses
theelimination.of noncstormrunoff intothestorrndrain system., TheSWPPP
shall inClude, burnot be'limited to, an effective method of hili side erosion and
sediment coritrol:"l'l desiltation basin that hasa capacity of 3,600-cubic-feet
of storage per acre drained, or designed to removefine;silt for a 10-year, 6-
hour storm event;ia material storageisite, .measures to protectconstruction
material from being exposed to storm, runoff, protection of aU storm drain
inlets, on-site concrete truck wash and waste control,andothermeansof
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Best ManagememtPractices to effectively~lirninClte pollutants from entering
the storm drairisystem. The applicant shall certify the SWPPP prior to
approval of the grading and improvemen'tplans. The SWPPP may be
incorporated with the erosion control plan, but,shall be under separate cover
from the grading and, improvement plans.
3. The applicapt shall pay all applicable engineeril"lg, plan checking, permit, and
inspection fees.
4 Grading. securities.,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.
F Prior to issuance of a Building Permit, the applicant shalL comply with the following:
1 Theapplicantshall cpmply with the latestadopted Uniform Building Code,
National Electric Code,and all other applicable codes and ordinances in
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effect at the time of Electrical/Building Permit issuance,
2, The site shall be developed il"l accordance with the approved site plan on file
in the Development Services DeRartrn~nt and the conditions contained
herein. Grading qHhe lotshall bein accordance with the Uniform Building
Code, theCityGrading Ordinance, the approved grading plan, the approved
soils report, and, grading practices acceptable'to the City
3, Ero.sion control, including, but not:limited'to; desiltation basins, using Best
f\AanagemeritPractices, shall b~,iDstalled and maintained by the developer
TQe developer' shall mairitairiall erqsion control devices throughout
construction of the project.
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Resolution No. P-02-67
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4. Construction staking is to bein,stali,E:lc[cllJ~ iii~pected by the Engineering
Inspector prioftbaQY clearing, grupbib'g, cirgrading. As a minimurn, all
protected areas ~s,s,hbwn on theprbjectplans areto be staked by a licensed
surveyor, andcdelineated with lathe and ribbon. A written certification from
the engineer of work or a licensed surveyor shall be provided to the
Engineering Inspector stating that all proh3ctedareas are staked in
accordance with:the'approved project plans.
5 RoughgraJ:jlng ofthetenl"lis court pad is to be completedand.shall meet the
approval bfthe City'lnspector, including the. submittal ofthe 'following:
a. A certification of line and grade,.preparedby the engineer of work.
b A final soil cornpa<,;tion report for review and approval by the City
6 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.
7 PursuanUoSection 17.30 02Q,C ofthe PowayMunicipal Code, the applicant
shall subrhit'.lighting plans that reflect that the lighting will be shielded .from
the adjacent properties to the satisfaction of the Director of Development
Services,
8. Pursuant to SeCtion 17.30 020 0 ofthel?oway rviunicipalCode, the building
plans shall depict, to the satisfaction ofthe DlrectorofDeveloprnent Services,
thafthe'surJace,area ofthe court will be designed, painted, colored and/or
textured to reduce the reflection from any lightJallingon it.
9 Pursuant to Section, 17 30 020 E of the p'oway Municipal Code,.the.building
planssh<3l1d~piCt, to'the satisfactiol"l of the Dir'ectorof Development Services,
that the fencing, sLipportposts, Iightpbles, and fixtures will be painted a dark
non-reflectiveicolor soas.to reduce.their overall visibility Vinylccoated chain
link fencing with fence and light poles painted to match is acceptable.
10 Pursuant to Section 17 30 020.F of the Poway Municipal Code, the building
plans shall depict, to the satisfaction of the Director of 0 evelopment Services,
that dense screening planting will be installed in the setg'ack areas to the
west, south, and ea$tof the tennis court so as..to soften the appearclnge of
the tennis court fencing and light poles. 'Trees will be planted' along the
eastern and southern property line to provide better screening of tHe court
from these properties, Dense plantil"lgs of ,berry and grape vines shall be
installed in the 1 O-foot setback area along'the'east property line.
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Resolution No P-02-67
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11 The building plans .shall depict, to the satisfaction of the Director of
DevelopmentServicesi that lighting:i,sqn,? tilTlerof limited duration, designed
to prevent the lights'from accidentally being left on.
G. Prior to obtaining a fihal inspection on the Building Permits, the applicant shall
comply with the following:
1 The; site shall be developed in accordancewiJhthe approved plan on file in
the Development!SerYices Department<ancl the conditions coofained ,herein,
A final inspection (rbmthe appropriate CitY-Departments will be required.
2. Drainagefaglitie,s, 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 shallbeprovided to the satisfaction
of the Engineering Inspector
4 The developer shall repair, to the satisfaction ofthe City Engineer, any and
all damages to the 'streets caused by cpnstruction activity from this project
5 All proposed utflities'within the project site shall be installed underground
6 Record drawings; signed by the'el"lgineer of work, shall,be submitted to the
Engineering Division prior to a request of occupancy, per section 16.52.130B
ofthe Gn3ding'Ocdin:~nce. Record drawings shall be submitted ina manner
to allow the City aclequate time forreviewand,approval prior to issuance of
occupancy and release of grading securities,
7 The applicant shall provide a certification by a lighting contractor that all
lights and light fixtures have been designed, constructed, rnounted, and
maintained such thc!t the light SOWCE! is'cUt6ff when viewed from any point
above five feetmeasured at tenfeet'from the edge of the court, The lighting
contractor shall.certify that all light fixtures have been designed,constructed,
mounted light shields installed, an,d mClinti:]inEid such that the maximu[11
illumination interi~ity;measured at the property line shall not exceed onechalf-
foot candle above ambient light levels,
8 Should the'lighting'contractornot be able to certify the installation, pursuant
to Condition F:2. of this resolution, planslshall be submitted tothePlanning
DivisiondemonstrClting modifications of the fixtures and/or I;:lndscape
screen,ilJg;i!lnd/brfenniscQurt ferices<;i,E?ehiog:necessar'yto be able to rneet
said requirements. Upon approval (if any) and on installation of said
measures, the applicant shall call f6'r a..follow"up 'final inspection.
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Resolution No. pc 02-67
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9 Should the'lightingpontractor not be able.to;certify..;the installation pursuantto
ConditionF.,2. above,regardless of any approved modifications to the lighting
fixtures and court.design, the approval gr~lntj3d herein shall be revoked and
the lighting fi1(turescand light poles shall be removed
H. Upon installation of the'tennis court and tennis, court lights, pursuantto MCUP 02-
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004 and MORA 02-48, the following shall apply'
1 Pursuant to Section 1730 020.C.3, the tennis court lighting shall be used
onlybetween 7,0Q',a.m. and 10:00 p.m.
2. The required 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 s.1aridards are limited in number; s,ize. height, and light shields,
which shall meet, the requirements for shielding the light fixtures. The
maximum height'oflights shall not exceed 18 feet from grade. The applicant
shall comply. with the required maximum 1,000-watt, high-pressure.sodium
lighting fixtures pursuanUo Section 17.20.020 G",and shall be maintained to
thesatisfactiori6Hhe Director of DeveloprrtentServices,
.Sectiol"lA The approval ofMCUP 02-004 and MDRA02-48 shall expire on November
12, 2004 at 5'00 p.m, unless;.prior'to that time, a Building Permit has been issued, and
construction onthe;property in reliance on the MCUP and MORA approval has cornmenced
prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California , this 12th day of November 2002.
Robert C Emery, Deg ayor
ATTEST
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Sherrie D'-'worrell, Deputy City Clerk
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85,53 Resolution No. P"02-'67
Page 8
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, LoriAnDe Peoples, City'Clerk of the City of Po way, do hereby cer;tify, under the
penaltyot perjUry, that the foregoing Resolution No. P"02~6'1; w!:lsduly adopted oby th~City
Council'at a meeting of said Qity Council held on the 12t/;1 day of November 2002, and that
it was so adopted by thefollowirig vote.
AYES EMERY"GOLDBY, I'iIGGINSON, REXFORD
N0ES NONE
ABSTAIN: NONE
ABSENT CAf;AGNA
~JjJ!{'1J ~)bJd(}O
Sheri'ie'D Worrell, Deputy City Clerk
City of Poway