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Covenant Regarding Real Property 2001-0563629 , /, " Vft ~ \ ~ ..-- . ,.. , DOC"2001-0563629 RECORDiNG'REQUEST BY: ) ) CITY OF PQWAY ) ) WHENRECoFiDED MAIL TO: ) ) CITY CLERK ) CITY OF POYVAY ) PO BOX 7tf9 ) POWAY CA92074-0789 ) ) No Transfer Tax Due ) AUG 09. 2001 9:09 OFFICIAl RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G.'lEGORV J, SMITH, COUNTY RECORDER FEES: 28.00 At"i (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Jerry an~ Patti Simonsen, PROPERTY OWNERS ("OWNERS" hereinafter) are the owners of real pr9pertydescribed in Exhibit A wliich is attached hereto and made a part hereof and which is gomrnorily known as Assessor's Parcel Numbers 277-202-08 and 277-202-09 ("PROPERTY" hereinafter), In consideration of the approval of MCU'P 61-001 by the City of Poway ("CITY" hereinafter)', OWNERS hereby agree to abide by conditions of the attached resolution (Exhibit B), This Covenant shall ruri'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personal representatives, transferees and assigns of the respective parties In the event that MCUP'01"001 expires or is resCinded by City Council at the requestofth8 OWNERS, CITY shall expunge this Covenant from the recordtitleofthe PROPERTY In the event ofJitigation tQ'enforce the provisiQl1S.bfthis Covenant, the prevailing party shall be entitle_d to'full reimtiursemerit of all costs', including reasonable attorneys' fees, from the other party, Dated: 7Lt. In 1 I t (Notarize) (Notarize) Dated o/..?& 10 I I I CITYOFPOWAY Dated: 7/r/)~( BY' Niall Fritz, Director of Develop Services D~ ~ j (!OP~ ;)03'c9'-1 ISDLl-V1 OI--I<4"~ , . EXHIBIT A LEGAL DESCRIPTION LOT48 OF CITY OF POWAY TRACT NO 89-13R, THE HERITAGE PHASE 1, UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 13708, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, DECEMBER 17, 1998 ~~lIFORNIAALl.PURPO'ACKNOWlEDGMIENT . State of CAlUfOeN\Il ~ t>tQ,O 2la4, 2.001 County af On -0\lL\i before me, iMNm-'~ 2,. 01~ "'O~ ~BUc. Dale . Name and Title of Officer (e,g., Jane Doe, Nota!)' Public") persanally appeared ~~U ~1> \>4rti ';IMONS~" \I . , Name(s) of Signer(s), ~erSOnallY knawn to me - OR - 0 proved to. me on the basis of s~~ctary evidence to. be. the person(s) whase name(s)~~ubscribed to. the~n instrument and acknawledgeta rile that t1'l1's~~xecuted the same in hitl he' LJthorized capacity(ies), and that by ~/ilGl'~ignature(s)'on the instr~ment the persan(s), or the entity upon behalf'o.f which the persan(s) acted, executed the instrument. ..................~..................O~ i,""'::' .CYNTHIAR. E~~} f M f < COMM, #1249499 n ,I(! -.,; NOTARY pUBLIC. CAUFORNIA.i:l u. ., SAN DIEGO COUNTY ~ r~, My Comm: Exp. Feb,9,2004 i ~....................,.......... OPTIONAL Though the information below is not required, by tim, it,mayprove valuabfe.to persons relying on the document and could prevent fraudulenUemovaland reattachment of this form to another document. Description of Attached Document ~WA+tt ~~ltJq R.\!M.. ~~ Title or Type of Document: Document Date: 1-2I9-~1 Number of Pages: ONl:<. Signer(s) Other Than Named Abcive: Nlm..\... 'fExn.. Capatity(ies) ClaimedbySigher(s) Signer's Name: Signer's. Name: o Individual o Corporate Officer Tille(s): o Partner - 0 limited 0 General o Attarney-in-Fact o Trustee o Guardian ar Canservator o Other' . Top of thumb here o Individual o Carparate Officer Title(s): o Partner ~ o Limited 0 General o Attarney-in,Fact o Trustee o Guardian ar Conservatar o Other" RIGHT.:THUMBP,RINT , ':->>!OF. SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: @,1994National Notary Association. a236'Remmet Ave.: P.O. Box 7184. Canoga Park., CA 91309-7184 Prod.~No. 5:)07 Reorder: Call Toll-Free '-800-876-6827 , . EXHIBIT B RESOLUTION NO P- 01-35 A RESOLUTION OF THE CJTY COl)NCIL OF THECIJY OF POWAY,CALlFORNIA APPROVING MINOR CONDITIONAL, USE;PERfytIT 01-001 ASSESSOR',S PARCEL NUMBER 2<77-202'08,09 WHEREAS, MCUP 01-001 submitted by Jerry and PCltti Simonsen, applicants, requests;a MinorConditional Use Permit to allow the installgtion of 8 lights to an approved tennis court on a resident,ial lot in the Planned Community (PC) zone, A Minor Development Review (MDRA) 00-127 was approved for a single-family residence, guesthouse, and tennis court on January 24, 2001l:he sUbject property is located at 14105 Biscayne Place, ,and WHEREAS, on.July 10,2001, the City Council held C1,dUlyadvertised public.hearing to solicit comments from the,public, 'both pro and con, relative to this application, and NOW, THEREFORE, the City Council does herebY resolve as follows Section 1: The City Council finds that Minor Conditional Use Permit 01-001 is Categorically Exempt from. the provisions of the California Environmental Quality Act, pursuant to Section 15301 (a) Class 1 exemption, in that the proposed instClllation is a minor alteration to an approved single-family residence, involVing, electrical equipment. Section 2: The findings, in accordance with Section 1748070 of the Poway Municipal Code to approve a Minor Conditional Use Permit for MCUP'01-001, to install,81ights to an approved tennis court on a residential lot at 14105 Biscayne Place in the PC zone are made as follows A The design ofthe'proposed tennis court lighting:will meetthe required lighting type, heighUimit, 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 PC zone, with the approval of a Minor Conditional Use Permit. Therefore, the proposed location, size; design, al]c;I operating characteris.ticsofthe proposed use are in accordance with the title and purpose of Section 1748,070, the purpose of the zone in ",,-hich the site is located, the City General. Plan,and,the development policies and standards of the City B The IOP3.tion cmd d~sign of the proposed tennis court 'lighting will not create a negative visual impact on surrounding properties since it will be set back from the propertybounda[ies; it will utilize lowimpactlighting fixtures; and the light poles will be softened by landscaping Therefore, the location, size, design, and operating characteristics oNhe, proposed use will be compatible with and:will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures or natural resources, ~ ,-, , . Resolution No P-Ol-35 Page 2 C Tb6 light standards are limited in number and size, and the project is located on a 2:6-acre: site qo[dered by the Maderas Golf Course: 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 lightingwill be directed to within th,e project boundaries and it will be softened by landscaping to mitigate its visibility frbnithe surrounding properties, Therefore, there will be no harmful effects upon desirable neighborhood characteristics, F The, project is located on'a large a 2,6-acre parcel, greater than the surrounding minimum one_acre residential sites, which allows adeqllate setback to the tennis court lighting 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 ar:l allow_able use in the PC 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 will 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 That the proposed conditional uses will comply with each of the applicable provisions of Section 17 48 070 of the Poway Mimicipal Code, Section 3 The City Council hereby approves MCUP 01,001 for the installation of 8 tennis court lights at an approved single"family residence at 14105 Biscayne Place in the Planned Community Zone, as shown on the plans dated April 16, 2001, subject to the following conditions: A, Approval of this MCUP request 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 ofthedate of this approval: .(1 )theappiicantshall submit in writing that all conditions of approval have been read and understood; and (2) the property owners shall execute a Covenanton Real Property '. " . Resolution No P- 01-35 Page 3 C The use conditionally granted by'this, approval shall ,not be conducted in such a mannE;lr as to interfere with the reasonable use an-d enjoyment of surrounding residential uses, D The conditions of MCUP 01-001 shall remain in .effect for the life of the subject project and shall run with thelahd and be binding upon future owners. successors, heirs, and transferees of the current property owner E, MCUP 01-001 may be subject to annual review as determined by the Director of Development Services, for compliance with the conditions of approval and to address concerns that may have been raised during the prior year F The applicant shall obtain a Building Permit priot.to installation of the tehniscourt lights, Prior to issuance of a Building Permit, theapplitant shall comply with the following: 1 The applicant shall. comply with the latest adopted Uniform Buil~ing Code, National Electric Code, and all other applicable codes and ordinances in effect at the, time of electrical/building permit issuance 2, Pursuant to Section 17,300200, the appljcant shall submit lighting plans that show the lighting shielded from the adjacent properties and that the court will be designed, painted, colored and/or textured to reduce the reflection from any light falling on it to the'satisfaction of the Director of Development Services, 3 The applicant shall provide a certificatiolJby a lighting contractor that all lights and light fixtures have been designed,constructed, mounted, ,and maintained such that the light source is cut offwhen viewed from any point above five feet-measured at 10 feet fromthe'edge of the court, The lighting contractor shall also certify that all light fixtures have been designed, constructed, and the 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, 4 Should the lighting contractor not, be able to certify the installation pursuant to Condition F 3 above, plans shall be submitted to the Planning Division demonstrating modifications of the fixiures and/or landscape screening, and/or tennis court fence screening necessary to be able to meet said requirements, Upon approval (if any) and an installation of said measures, the applicant shall call for a follow-up final inspection ~ , . .' Resolution No P-OI-35 Page4 5 Should the IJghting contractor not be,ableto certify'the installation pursuant to Condition 'F,3 above, regardless of any approved modifications to the lighting fixtures and court design, the approval granted herein shall be revoked and the lighting fixtures and light poles 'shall be removed, 6, Pursuant to Section 17.30,020,E, oUhe'Poway Municipal Code"the building plan-s shall depic:;t, to the satisfaction of the Director of Development Services, that the fencing, support posts, light poles, and fixt'ures will be painted a cJark hO[1reflective colcir, so as to reduce their overall visibility, Vinyl-coated chain link fencing with fence and'light poles painted to ri1atchis acceptable, 7 Pursuant to S.ection 17,30,020,F ofthePoway Municipal Code, the building plans (or separate landscape plans) shc:lll depict, to the satisfaction of the Director of Development Services, that a minimum of one fast,growing evergreen tree will be added for each light pole and that a mixture to evergreen trees and'shrubs shall be planted to screen the tennis court, 8 The building plans shall. depict, to the satisfaction of the Director of Development Services, that the lighting is on a timer of limited duration, designed to 'prevent the lights from accidentally being left on and automatically set totum off the lights at 10'00 P m, 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 theDevelopment Services Department and the conditions contained herein, A final inspection from the appropriate Citydepartments will be required, H Upon installation of the tennis court lights, pursuant to MCUP 01-001 , the following shall apply' 1 Pursuant to Section 17 30 020 C,3, the tennis court lighting shall be used only between 700 a,m, and 10'00 p,m, 2, The required landscaping has been installe_d 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 tennis court and lighting fixture finishes, and any shielding of the light fixtures required under this Resolution pursuant to Section 17,30 020 of the Poway Municipal Code, as well as the required maximum 1,000 wattage ~ \, ~ , . Resolution No P- 01-35 Page 5 fixture pursuant Section 17,20 020 G shall be maintained to the satisfaction of the Director of Development-Services, Section.4: The approval of MCUP 01-001 shall expire on July 10, 2003 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 10th day of July 2001 ATTEST rk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No, P-01.-35 ,was duly adopted by the City Council at a meeting of said City Council held on the 10th day of July 2001, and that it was so adopted by'the following vote AYES NOES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NONE ABSTAIN: NONE ABSENT NONE \~. Q~,~~Q~ o i Anne Peoples, City CI rk City of Poway N:lcitylplanningl01 reportlmcup01-001 res,doc ~