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Covenant Regarding Real Property 2006-0274027 " , 'RECORDING REQUEST BY:. i~ DO. 2006-0274027 1111111111111111111111111111111111111111111111111111111111111111111111 CITY OF POWAY WHEN RECORDED MAIL TO: ll~ APR 19.2006 2:46 PM ) OFFICI~.L RECORD', CITY CLERK ) ';,0.11 DIEGO COUtITY RECOFI[JER'S OFFICE CITY OF POWAY ) GREI30R\' J o;t.,'tlTH COUNTY RECORDER POBOX 789 ) FEE', 2900 POWAY CA 9tltfri3 ) P,6.C1ES 8 ) 1111111 lIill 11111 11111 11111 111111111111111 1111111111 11111 111111111 11111111111111 ) APN: 277-220-35 2006-0274027 MCUP 05-07 COVENANT REGARDING REAL PROPERTY Christopher J. Coseo and Brenda M. Coseo, PROPERTY OWNERS ("OWNER" hereinafter), are the owners of real property described as: PARCEL 35 OF CITY OF POWAY TRACT 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, and more commonly known as Assessor's Parcel Number 277-220-35 ("PROPERTY" hereinafter) and addressed as 18790 Heritage Drive. In consideration of the approval of Minor Conditional Use Permit (MCUP) 05-07, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions in 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personal representatives, transferees and assigns of the respective parties, In the event that MCUP 05-07 expires or is rescinded by City Council at the request of the OWNERS, CITY shall expunge this Covenant from the record title of the PROPERTY.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. ::fl~ Dated: ~'IO'O(o Christopher J. Coseo (notarize) Dated: tj-/O-Ob By: /l1 ~ renda M. Coseo (notarize) CI Y OF POWAY Dated: ~, /~,&>" By: Niall Fritz, Directo pment Services M:lplanningIOSreport\mcupI04-17 Pollakov court lightsICOVENANT.OOC ryr>_ '1'S1 . . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 11954 '1<"R:&R:('.c<"..b<'r:<'~'c(>~'c(>~..c<'.c<"~.nc~~~~r:<"~r:('>.l"j(>.b<'.h<'Z::<'r::<'r::<'.l":('~.c.;('~..i':!(>.r.<'.F.<'.nt-~~.r:<'A':It'.r.c.i"':<':~~..r.r,o;! State of California C \y County of ::.Jd V\ If C1 0 \ On AoV'il \0 t 2.0010 \ Dale personally appeared Name(s) 01 Signer(s) ~ personally known to me 6 ple~eeJ 16 ffl6 Elr:l t!:lti Qaii'i Qf 5::ilt;i:fastsPj ewieJ8r.lG:Q to be the person(s) whose name(s)-isl@subscribed to the within instrument and acknowledged to me that -Ilefsile~ executed the same in tm!fftef/t@]] l@- :':m~2~:' "I authorize capacity(ies), and that by ~ signature(s) on the instrument the person(s), or the ~ -. NokI/y PubIc - Cclllomla _ entity upon behalf of which the person(s) acted, ~' San Diego Comly l executed the instrument. ,.. ,.. _ ~:o:m:..~_~2~~7 Place Notary Seal Above Signature 01 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache~ocument1: f? . K('d( Pro(.Jev~ Title or Type of Document: Vi VI" VI jr1...-d, J/1 j I Document Dale: Number of Pages: 7 Signer(s) Other Than Named Above: ~O W~ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name; o Individual o Individual o Corporate Officer - Title(s): o Corporate Officer - Titie(s): o Partner - 0 limited 0 General o Partner - 0 limited 0 General o Attorney in Fact . o Attorney in Fact Top of thumb here Top ot thumb here o Trustee o Trustee o Guardian or Conservator o Guardian or Conservator o Olher: o Other: Signer Is Representing: Signer Is Representing: x.'Q(,.'O(..'g,."'Q(,..'g",~~'<X,."C(,..'G(.."<;X,..'OC.;.~"C(,'Q(,..'C(;.'Q(..'G(.."C(..'C<..'C<,;.'OC;.~~'<;'<;;'Q(;..~"Q(;,..'Q(;:Q(,~'<X,.'G<;.'G(.."C(,.'C<".'C<,.'Q(;..'f,X..'C(..'C(;,'C(;,'C<.;.'O:. C 2004 National Notary AssociatiOn. 9350 De Solo Ave., P.O. Boll: 2402. Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free HI()()'876-6827 . . EXHIBIT A 11955 RESOLUTION NO. P-06-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 05-07, A REQUEST TO INSTALL TENNIS COURT LIGHTS ON LOT 35, A RESIDENTAL LOT LOCATED AT18790 HERITAGE DRIVE, WITHIN THE HERITAGE RANCH ESTATES COMMUNITY, IN THE RURAL RESIDENTIAL A ZONE ASSESSOR'S PARCEL NUMBER 277-220-35 WHEREAS, Minor Conditional Use Permit (MCUP) 05-07 was submitted by Mr. and Mrs. Christopher Coseo, Applicants, to permit the installation of court lights at an approved tennis court and residence under construction at 18790 Heritage Drive, within the Heritage Ranch Estates community and zoned Rural Residential A (RR-A); and WHEREAS, on April 4, 2006, 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 City Council finds that MCUP 05-07 is exempt from the provisions of the California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section 15303 of the CEQA Guidelines, in that it involves the construction of an accessory structure for an existing single-family residence, Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, to approve MCUP 05-07, to permit the installation of court lights at a tennis court approved through Minor Development Review Application (MDRA) 04-84, on an 8.43-acre residential lot at 18790 Heritage Drive, within the RR-A zone, are made as follows: A. The design of the proposed 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 17.48.070, the purpose of the zone in which the site is located, the 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 the tennis court will be screened by the residence from properties to the north and dense landscaping will screen the tennis court lights from properties to the west, south, and east. . . 1.1.95 Resolution No. P-06-20 6 Page 2 the tennis court from the adjacent properties. The court lights will not impact the residences on Lots 23 and 39 to the west as the tennis court is located over 800 feet from the residential building pads of those lots, The lights are required to be shield and dense vegetation, required by the Conditions of Approval, will screen the court lights. 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. C. The light standards for the tennis court are limited to a maximum of eight lights and a maximum height of 18 feet. Therefore, the harmony in scale, bulk, coverage, and density of the project is consistent with adjacent uses. D. There are public facilities, services, and utilities available. E. The proposed lighting will be directed within the project boundaries and it will be softened by landscaping to reduce visibility of the lights from the surrounding properties. The 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 located on an 8.43-acre parcel along the west side of Heritage Drive, across from the intersection of Augusta Court. The tennis court is situated within the side yard, over 140 feet from Heritage Drive. The elevation of the residence and tennis court is higher than the surrounding properties, except for Lot 39, which is at an elevation of 743 feet. However, both Lots 39 and 23 are separated by over 800 feet of undulating hillside and dense native vegetation, which will reduce the potential for visibility. Dense landscaping will be required to screen the court and lights, and the separation between the court and surrounding residences will reduce the potential to view the lights, 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 use will comply with each of the applicable provisions of Section 17.48.070 of the Poway Municipal Code. I . . 119~~ Resolution No. P-06-20 Page 3 Section 3: The City Council hereby approves MCUP 05-07, for the installation of a maximum of eight tennis court lights on Lot 35, a residential lot located at 18790 Heritage Drive, within the RR-A zone, as shown on the plans dated November 28, 2005, subject to the following conditions: A. Approval of this MCUP shall apply only to the subject project and 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. 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. 2. The property owners shall execute a Covenant Regarding Real Property. C. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential uses. D. The conditions of MCUP 05-07 shall remain in effect for the life of the subject tennis court and tennis court lighting, and 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 a Building Permit, the applicant shall comply with the following: 1. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 2. 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 Building Permit issuance. 3. The site shall be developed in accordance with the approved site plan on file in the Development Services Department and the conditions 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. 4. 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, to the satisfaction of the Director of Development Services. . . 1.1.0 . 58 Resolution No. P-06-20 Page 4 5. 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 support posts, light poles and fixtures will be painted a dark non- reflective color so as to reduce their overall visibility. 6. Pursuant to Section 17.30.020.F of the Poway Municipal Code, the building plans shall depict, to the satisfaction of the Director of Development Services, that dense evergreen screening landscaping will be installed around the perimeter of the tennis court to screen the lights from surrounding properties, so as to restrict visibility of the light poles. 7. The building plans shall 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 and automatically shut off at 10:00 p.m. 8. Light standards height shall not exceed 18 feet. Lighting fixtures shall be a maximum of 1 ,OOO-watt, high-pressure sodium as required by Section 17.30 and shall be maintained for the life of the project. Metal halide lighting is prohibited. F. Prior to obtaining a final inspection on the Building Permit, the applicant shall comply with the following: 1. The tennis court lights 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. The applicant shall provide a certification by a lighting contractor that 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. 3. The applicant shall submit landscape plans that depict 24-inch-box trees that will screen the tennis court lights. The plans shall be submitted to the adjacent neighbors and the HOA for concurrence on the type and number of plant species that will effectively screen the light standards. G. Upon installation of the tennis court lights, pursuant to MCUP 05-07, the following shall apply: . . . . . . 119 Resolution No. P-06-20 59 Page 5 1. Pursuant to Section 17.30.020.C.3 of the Poway Municipal Code, the tennis court lighting shall be used only between 7:00 a.m. and 10:00 p,m., and an automatic timer shall be programmed to automatically shut the lights off at 10:00 p.m. 2. The plant materials identified on the approved landscape plan have been installed along the tennis court fence where visible from adjacent and surrounding properties, 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 of the Poway Municipal Code and shall be maintained to the satisfaction of the Director of Development Services. Section 4: The approval of MCUP 05-07 shall expire on April 4. 2008, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued, and construction on the property in reliance on the MCUP approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 4th day of April 2006. ATTEST: ~~~ L. Diane Shea, City Clerk . . . ~' . . .. . . . . . Resolution No. P-06-20 Page 6 11960 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-06-20, was duly adopted by the City Council at a meeting of said City Council held on the 4th day of April 4, 2006, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE DISQUALIFIED: NONE ~~;ty~ City of Poway