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Covenant Regarding Real Property 2003-1427684a 9524. .�aG 8 3- 1427684 RECORDING REQUEST BY: ) DEC 02, 2003 9 :20 AM CITY OF POWAY ) > OFFICIAL RECORDS F � WHEN RECORDED MAIL TO: SAN DIEGO COUNTY RECORDER'S OFFICE iaP CITY CLERK GREGORY J. SMITH, COUNTY RECORDER �( CITY OF POWAY ) FEES: 35.00 P O BOX 789 ) I PO CA 92074.0789 , 1111111 IIIIIIIIIIIIIIIIIII 111111 VIII VIII VIII VIII IIIIIIIIII IIII IIII , 2003- 1427884 No Transfer Tax Due (This space for Recorder's Use) APN: 276 - 140 -11 COVENANT REGARDING REAL PROPERTY Midori Financial LLC, PROPERTY OWNER ( "OWNER" hereinafter) is the owner of real property which is commonly known as Assessor's Parcel Number 276 -140 -11 ( "PROPERTY" hereinafter) and more particularly described as Parcel 3 of Map No. 14319 in the City of Poway, County of San Diego, State of California as recorded in the Office of the County Recorder filed on June 18, 1986, under instrument number 86- 245870. In consideration of the approval of MCUP 03 -004, by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by conditions of 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 In the event that MCUP 03 -004 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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. OWNER: Dated: It + o'x By: — �' (Notarize) OW R: K�tcAorl Financ ;wl LLC Dated: ITS n By: l" l �,�/'�C1,�. `/ �-�,,,�n,--- r—/ � (Notarize) CITY OF POWAY Dated: ��'���� By: 7;IU7 Niall Fritz, Director of D elopment Services M.\ planning \03reportlmdra \03- 62 \mcup 0304 cov.doc 09525 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No 5907 State of C> I; ; a, County of On II /I I03 before me, C_. Wf;ll ter• (\(�fi.0 lab l' DATE NAME, TITLE OF OFFICER - E G . "JANE DO NOTARY PUBLIC" personally appeared Cn .� 5 . !tit �; l ( F> I I LN G! NAME(S) OF SIGNER( j C�1 personally known to me : OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he{eH /they executed the same in h'sihe; /their authorized capacity(ies), and that by h44, e+ /their KEVIN C. MILLER signature(s) on the instrument the person(s), otayF tC-Cc67441 or the enti u pon behalf of which the ^..� otay Publlc - Canfomio � Y P son otegoc«,nty person(s) acted, executed the instrument. My Comm. Jun 15.2M4 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN 1TY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave, P.O. Box 7184 -Canoga Park, CA 91309 -7184 0 9526 0 RESOLUTION NO P -03 -76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT (MCUP) 03 -04 ASSESSOR'S PARCEL NUMBER 276 - 140 -11 WHEREAS, MCUP 03 -04 submitted by Craig Faulkner, Applicant, requests the approval to construct a lighted tennis court on an approximate 24 -acre property (Parcel 3 of Map 14319) located on the north side of Old Coach Road, north of the Heritage II development, in the Rural Residential A zone; and WHEREAS, on November 18, 2003, 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 project is found to be Categorically Exempt from the California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section 15303 of the CEQA Guidelines, in that the project proposes the construction of structures ancillary to a single- family home. Section 2 : The findings, in accordance with Section 17.52 of the Poway Municipal Code, to approve MCUP 03 -04, are 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 operatinn nhnrar_.teristins of the nronngad use are in ar_.cordnnnp with the title and purpose of Section 17.48.070, the purpose of the zone in which the site is located, the City 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 it will be set back from the property boundaries, will utilize low- impact lighting fixtures; and the light poles will be snftened by lnndscaninn. Therefnre, the location size, desinn 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. E�xhIbuf tL i 9521 0 Resolution No. P -03 -76 Page 2 C. The light standards are limited in number and size, and the project is located on a large site surrounded by other large sites. 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 will be softened by landscaping to mitigate its visibility 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 a large parcel, which allows adequate setback to the tennis court lighting, approximately 30 feet from the nearest exterior property line. 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. I. The proposed conditional uses will comply with each of the applicable provisions of Section 17.48.070 of the Poway Municipal Code. Ser_.tion 3 : The City Council hereby approves MCUP 03 -04, 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 applirant shall suhm.it in writing that all conditions of approval have been read and understood; and, (2) the property owners shall exer_.ute a Cnvenant Renardinn Real Prnnerty. 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. • 9528 0 Resolution No. P -03 -76 Page 3 D. The conditions of MCUP 03 -04 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 and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. E. Prior to issuance of a Grading Permit, the applicant shall comply with the following: 1. A grading plan for the project shall be prepared on a City of Poway standard mylar at a scale of 1" = 20', and submitted along 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 available at the Engineering Division front counter. As a minimum, the grading plan shall show the following: a. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops and toes of graded slopes shall be shown with a minimum 5- foot setback from open space areas and property lines. Buildings shall be located at least 5 feet from tops and toes of slopes, unless waived by the Planning Division and /or the Engineering Division prior to issuance of a Grading Permit. b. A separate erosion control plan for prevention of sediment run -off during construction. C. All utilities (proposed and existing), together with their appurtenances and associated easements: Encroachments are not permitted upon any easement without an approved Encroachment Agreement/ Permit d. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. e. Finish grade and finish surface elevations throughout the new tennis court. f. All drainage improvements for proper conveyance of site drainage from the tennis court. g. To of will and bottom of wall elevations for any new retaining walls. Retaining walls shall be part of the Grading Permit. h. All components of the tennis court/lighting installations (including footings) are entirely outside the easement on -site. 0 95,.29 0 Resolution No. P -03 -76 Page 4 A soils /geological report shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan. A drainage study using the 100 -year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing all surface water within the project site and all surface water flowing onto the project site from adjacent lands. Said system shall include all easements required to properly handle the drainage. Concentrated flows across driveways are not permitted. 2. To insure compliance with the Clean Water Act, the applicant shall prepare a Storm Water Pollution Prevention Plan ( SWPPP) that effectively addresses the elimination of non -storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control, a desiltation basin that has a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a 10 -year, 6 -hour storm event, a material storage site, measures to protect construction material from being exposed to storm runoff, protection of all storm drain inlets, on -site concrete truck wash and waste control, and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system. The applicant shall certify the SWPPP prior to approval of the grading and improvement plans. The SWPPP may be incorporated with the erosion control plan, but shall be under separate cover from the grading and improvement plans. 3. The applicant shall pay all applicable engineering, 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. 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 Electrical /Building Permit issuance. Resolution No. P -03 -76 Page 5 2. The site shall he 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) shall be entirely outside the easement on -site. 3. Erosion control, including, but not limited to, desiltation basins, using Best Management Practices, shall be installed and maintained by the developer. The developer shall maintain all erosion control devices throughout construction of the project. 4. Rough grading of the tennis court pad is to be completed and shall meet the approval of the City Inspector, including the submittal of the following: a. A certification of line and grade, prepared by the engineer of work. b. A final soil compaction report for review and approval by the City. 5. 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. 6. Pursuant to Section 17.30.020.0 of the Poway Municipal Code, the applicant shall submit lighting plans that reflect that the lighting will be shielded from adjacent properties to the satisfaction of the Director of DevelOpmp_.nt Services. 7. Pursuant to Section 17.30.020.D of the Poway Municipal Code, the building plans shall depict, to the satisfaction of the Director of Development Services, that the surface area of the court will be designed, painted, colored and /or textured to reduce the reflection from any light falling on it. 8. 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 fencing, support posts, light poles, and fixtures will be painted a dark non - reflective color so as to reduce their overall visibility. Vinyl- coated chain link fencing with fence and light poles painted to match is acceptable. Resolution No P -03 -76 Page 6 9. 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 screening landscaping will be installed so as to soften the appearance of the tennis court fencing and light Poles. 10. 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 nrevent.the lights from accidentally being left on. 11. Tennis court fence /wall height shall not exceed 10 feet as required by Section 17.30 of the Poway Municipal Code. Fence /wall height is measured from the finished grade of the court surface. Light pole fixture height shall not exceed 18 feet. Lighting fixtures shall be a maximum of 1,000 -watt, high - pressure sodium lighting fixtures as required by Section 17.30 and shall be maintained for the life of the project. 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 the Development Services Department and the conditions contained herein. A final inspection from the appropriate City Departments will be required. 2. Drainage facilities, 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 shall be provided to the satisfar_.tinn of the Engineering Inspector. 4. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to the streets caused by construction activity from this project 5. All proposed utilities within the project site shall he installed underground. 6. Record drawings, signed by the engineer of work, shall be submitted to the Engineering Division prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. Resolution No. P -03 -76 Page 7 7. The applicant shall Provide a cert_ifir_a -tion 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 lightinn 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. 8. Should the lighting contractor not be able to certify the installation pursuant to Condition G.7 of this resolution, plans shall be submitted to the Planning Division demonstrating modifications of the fixtures and /or landscape screening, and /or tennis court fence screening necessary to be able to meet said requirements. Upon approval (if any) and on installation of said measures, the applicant shall call for a follow -up final inspection. 9. Should the lighting contractor not be able to certify the installation pursuant to Conditions G.7 and G.8 above, the approval granted herein shall he revoked and the lighting fixtures and light poles shall be removed. H. Upon installation of the tennis court and tennis court lights, pursuant to MCUP 03 -04, the following shall apply. 1 Pursuant to Section 17.30 020.C.3, the tennis court lighting shall be used only hetween 7 :00 a.m and 10 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 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, and shall he maintained to the satisfaction of the Director of Development Services. " Section 4 : The approval of MCUP 03 -04 shall expire on November 18, 2005, 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. Resolution No. P -03 -76 Page 8 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 18th day of November 2003. ATTEST: 4 - Peoples, 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 -03 -76 , was duly adopted by the City Council at a meeting of said City Council held on the 18th day of November 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN. NONE ABSENT: NONE Lori Anne Peoples, City Clerk City of Poway