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Covenant Regarding Real Property 2000-0025005RECORDING REQUEST BY: CITY OF POWAY S If WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 No Transfer Tax Due 701 DOG 0 2000- ODL5005 JAN 18, 2000 8 : 36 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 25.00 — a 1111111111111111111111 COVENANT REGARDING REAL PROPERTY Craig James Faulkner and Marilyn Green Faulkner, Trustees of the Faulkner Family Trust, ( "OWNERS" hereinafter) are the owners of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 277 - 202 -01 ( "PROPERTY" hereinafter). In consideration of the approval of Minor Conditional Use Permit 99 -10 by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by conditions of the 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 In the event that Minor Conditional Use Permit 99 -10 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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. n A 7 0, Dated: /007 �oe Dated: 07 00 Dated: //4, Z / i N9PLANN INMREPORTMCUP997 0.COV OWNER (Notarize) , OWNER (Notarize) CITY OF POWAY By: ^il// ' Niall Fritz, Director of Nkelopment Services ME ,1 0 702 • EXHIBIT A LEGAL DESCRIPTION Lot 40 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. • EXHI7A • RESOLUTION NO. P- 99 -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 99 -10 ASSESSOR'S PARCEL NUMBER 277 - 202 -01 WHEREAS, Minor Conditional Use Permit 99 -10, submitted by Greg Agee, Applicant, is a request for approval to install eight lights to a recently approved tennis court which is to be constructed on a vacant lot located at 18515 Old Coach Way within the Old Coach Planned Community zone; and WHEREAS, on December 14, 1999, the City Council held a hearing on the above referenced item. WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90 -day period to protest the imposition of any fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findings The City Council finds that this project is not subject to the California Environmental Quality Act in that it is categorically exempt (Class 3) because a lighted, tennis court is considered to be an accessory use to a single - family home. Section 2: Findinas 1. The approved project is consistent with the General Plan in that a lighted tennis court is considered to be an accessory use for a single - family residence in the Planned Community (PC) zone. 2:'' The approved development will not have adverse aesthetic, health, safety, or architecturally - related impacts upon adjoining properties, in that the landscape installation, lighting design, and court materials will allow the tennis court to be compatible with and screened from surrounding properties. 3. The approved development is in compliance with the Zoning Ordinance, in that it complies with lighting standards, and all other property development standards of the Planned Community (PC) zone. 0 704 0 Resolution No. P- 99 -87 Page 2 4. The approved development encourages the orderly and harmonious appearance of structures and property within the City, in that all surrounding properties are under the same zoning designation as the subject lot and are to be developed as single - family residences. 5. There will not be significant harmful effects upon environmental quality and natural resources in that the project is considered an accessory to a single - family residence, and conditions of approval for the project requiring landscape screening and limited hours of operation for the tennis court lights will mitigate potential negative impacts. Section 3: Cily Council Decision The City Council hereby approves Minor Conditional Use Permit 99 -10 subject to the following conditions: Within 30 days of approval, (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. 2. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial recreational uses. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES, PLANNING DIVISION. SITE DEVELOPMENT The site shall be developed in accordance with the approved site plans on file in the Development Services Department, Planning Division, and the conditions contained herein. 2. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Development Services Department, Planning Division, prior to issuance of building permits. 3. Approval of this request 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. 70 Resolution No. P- 99 -87 Page 3 - 4. The applicant shall comply with the latest adopted. Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code; Uniform Fire 4Code, and all other applicable codes and ordinances in effect at the time of building permit. issuance. 5. This•approval shall become null and .void if building permits are not issued for this project within two years from the date of project approval.,. 6. A maximum of eight lights shall be permitted of a height not to'exceed 18 feet. All lights and. Iight fixtures shall, be certified by a qualified lighting engineer to: a.::, Be 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. b. Be designed, constructed, mounted, and maintained such that the maximum illumination intensity measured at the property line'shall not exceed one-half candle foot above ambient levels. C. Said certification shall be provided to the Development Services Department, Planning Division, prior to the issuance of an electrical permit for the tennis - court lighting. d. Light fixtures are restricted to 1,000 -watt, high- pressure sodium. 7. Hours of operation for court lights shall be restricted to the period between 7:00 a.m. and 10:00 p.m. '. 8. A landscape and irrigation plan for the area between the tennis court fence and property line shall be submitted to the Development Services Department; Planning Division, for review and approval prior to the issuance of a building permit forthe tennis court lights. The landscaping shall consist of fast - growing, evergreen canopy. type trees, planted one each adjacent to light poles as to obscure views of the poles and lights from neighborhood properties. Dense screening planting is required to be installed in the setback area adjacent to the outside of the court fencing, to the satisfaction of the Director of Development Services. Installation of all landscaping and irrigation shall occur prior to final inspection. 9. The surface area of the court shall be painted a color that reduces the reflection from any light incident thereon. . - ,,. 10. The applicant shall comply with all tennis -court related conditions for MDRA 99 -127. 706 Resolution No.- P -99 -87 Page 4 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 14th day of December 1999. .''ATTEST: L, Wi AA on nne Peoples, City Cierk 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- 99 -87 ' was duly adopted by the City Council at a meeting of said City Council held on the 14th day of December ,1999 and ' that it was so adopted by the following vote: AYES: GOLDBY; EMERY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON Lori Anne Peoples, City. Clerk City of Poway n Aplanningtreporttrncup9910. res - IA ALL- PURPOPACKNOWLEDGMENT 0 State of G, I ; > County of 5, c1 b ' 707 On >.1 to z�v before me, �eV;vx C. V'I;(I¢r N +,n Pulol;c Oale N and Title of OXmer (e g , "Jane t No ry Public ") personally appeared G ra S, „,e; F >,J k" e: ati,J kK r Name(s) of Stgnerfs) d personally known to me ❑ proved to me on the basis of satisfactory evidence R KEVIN C. MILLER Commission A 1094821 -� Notary PUbOc— California San Rego County My Comm. Explres Apr 15, 2000 to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of 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 Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name LE Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General ❑ Guardian or Conservator ❑ Other: Attorney -in -Fact Trustee Signer Is Representing: RIGHT THUMBPRINT, OF SIGNER Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ General ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER O 1996 National Notary Association • 8236 Remmet Ave , PO Bo,, 7164 • Canoga Park, CA 91309-7184 Prod No. 5907 Reorder Call Toll -Free 1- 800 -816 -682]