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Covenant Regarding Real Property 2002-1149091 ~> -i I . 8543 DO~ 2002-1149091 .. ,I, , RECORDING:REQUESTBY: ) "'DEe 17. 2002 8:43 AM ) 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 ) ~ ) 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 - -.- ~ - -'.. - - ,.~. -". . - - . 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 In the event that'MGUP 02c004 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY , In the E;lventof'litigati6nito'eriforce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 .103-2/ /15'01-1") j;i.c , {p1O · 85'4 CALIFORNIA ALl.PURIPOSE ACKNOWLEDGMENT ~_ = h'" i' , , State of California, , County of JWr... ilL ~' / : On ~AJJ.3 tJ..~ before me, fc, ~ D,l, ^ : personally appeared \JWl1iLu , - ,. , ,. D personally known to me " , ~proved to me on the basis of satisfactory , I, evidence ,I " , I 'j , I, .1 , , ~ - -- - --, 'I 8'" OFFICIAL SEAL " .' r . .,'- "PATRICIA S, O'SULLIVAN ",' ;;; , . NOTARY PUBlIC.CALIFORNIA2j ~. e: 0 COMM. NO. 1347629 c. ~ , " , SAN DIEGO COUNTY ' , , I ~/ MY COMM. EXP MAR 22, 2006 WITNESS my hand and offiCial seal. , ~ 'f,.}, t\1~ fl1n~ .U ~ Place Notary Seal Above Signature cf-Notary Public 'I , 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. ,. 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 ,. , 0 Other' , Signer Is Representing: , , ~- ~ 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 . 854:5 . f:' 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 . s5f6 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 c ,~ "~ " . _. _ 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 . .".. '" - - - . 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 .' . 8547 . Resolution No, P:02"67 Page2 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, - ,. - "_.. ,".', 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. . 854.8~. , Resolution No. P-02-67 PcJge3 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 ,. '8.54;~ Resolution No. Pc02c67 Page 4 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 ~' , _ _, . ' .. ' u,_ 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 - -, - .-, ',~ ,'~ - .. . -".-., --, ,- 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. . 8MH'- Resolution No. P-02-67 Page 5 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. .. . 8&5-1 Resolution No P-02-67 Page 6 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. . 855' Resolution No. pc 02-67 Page 7 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- ~. '-' '. - ' 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 ~QU; WJJJ2 Sherrie D'-'worrell, Deputy City Clerk . . .' .~ .' . , . 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