Loading...
Covenant Regarding Real Property 2004-0538056RECORDING REQUEST BY: CITY OF POWAY • ) DCC *2004-0538056 JUG! 09, 2 004 9 :00 AM WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 3200 No Transfer Tax Due (This space for Recorder's Use) APN: 277- 220 -02 COVENANT REGARDING REAL PROPERTY David and Tess Golia, representatives of the Golia Family Trust, PROPERTY OWNER ( "OWNER" hereinafter) are the owners of real property which is commonly known as Assessor's Parcel Number 277 - 220 -02 ( "PROPERTY" hereinafter) and which is described as: LOT 02 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, In consideration of the approval of MCUP 04 -01, 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 In the event that MCUP 04 -01 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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. Dated: S' ( � 'b� Dated: iq C `� OWNERS: By: wj David Golia, bwner (Notarize) B Tess Goli ., Owner (Notarize) CITY OF POWAY Dated: 4 — Ir ° ®q M:\planning\04report\mcup\04-01\COV.DOC By: " �/( NZ�7 Niall Fritz, Director of De Services 64-071 mn tIP 0 4 - v 1 .9-:2 JD 50 • 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of S AN Di c ss. on S — l C) 4 before me, J -06 7 6AMIVV r S Date Name and Title of Officer (e a ,'Jane one Notary Public') personally appeared DAV I D E 0 <</ barrels) of Signer(s) _ All Place Notary Seal Above 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 CC Title or Type of Document: CtiVCNt9(�I REGARDING R6/9( FAOPi n ry Document Date '/ I Number 7 mber of Pages: Signer(s) Other Than Named Above: �EJ� C) Q1 / d Capacity(ies) Claimed by Signer r Si ner's Name: 006 Go l Individual Top of thumb here • Corporate Officer - Title(s): • Partner — ❑Limited ❑General ❑ Attorney in Fact Trustee U Guardian or Conservator }�+` ❑ Other. Signer Is Representing. _ E6 F7 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personja') whose name(.6) is/ere subscribed to the within instrument and acknowledged to me that he4hel114ey executed the same in hi /hpg .f r authorized capacity(ies), and that by hi signature(il the instrument the person(; or the entity upon behalf of which the persorl(a) acted, executed the instrument. 0 1999 National Notary Association •9350 be Sho Ave, PO Box 24C2•Chabvoi CA 91313 - 2402 • vnvw naeonalnoiary org Prod No 907 Reorder Call Tol4Frea 1800 -876 -6827 0 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California c / County of 5`h eo k c j d ss. On lill till y 0 before me, s�N�t S nR H Da elet Name and Title of Officer (e g, "Jere Doe, Notary Public - ) personally appeared ere SS C-a I q Name(s) of Slgner(s) SANGrrA SHAH Commtiston # 1449260 5 NoOtary PuW� - Callfomla 4 San Diego County my comm. Expires Nov 4.2007 ❑ personally known to me moved to me on the basis of satisfactory evidence to be the persono whose name(') is /aae--- subscribed to the within instrument and acknowledged to me that Icre /she /thep the same in his/her/their authorized capacity(je5T, and that by b&/her /their signature(a)'on the instrument the person(aTor the entity upon behalf of which the person(er acted, executed the instrument. WITNESS my hand and official seal. _,4� 0 4 � ma Place Notary Seal Above 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 �Q Title or Type of Document. CdVL Yt'r �cjY (kt )�n p� � 1 P ro ro j Document Date: _ (11 2-otiq Number of Pages. Signer(s) Other Than Named Above: �� ✓ ` V Q �"�`" Capacity(ies) Claimed by Signer Signer's Name: TFfS Gc�il :-- L;Wndividual Top of thumb here ❑ Corporate Officer- Title(s): ❑ Partner — ❑ Limited ❑ General \ ❑ Attorney in Fact ❑ Trustee =� ❑ Guardian or Conservator ; ❑ Other: <' Signer Is Representing: 01999 National Notary ASSonalion -9350 De Soto Ave, PC Box 2402 - Chatsworth, CA913132402- wwwnationalnotaryorg Pred No 5901 Hoarder Call Toll Fe. 18W 876 6827 EXHIBIT A RESOLUTION NO. P -04 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 04 -01, A REQUEST TO INSTALL TENNIS COURT LIGHTS ON LOT 2, A RESIDENTAL LOT LOCATED AT 14380 STAGE COACH ROAD, IN THE HERITAGE II DEVELOPMENT IN THE RURAL RESIDENTIAL A ZONE ASSESSOR'S PARCEL NUMBER 277 - 220 -02 WHEREAS, Minor Conditional Use Permit (MCUP) 04 -01, was submitted by David and Tess Golia, Applicant, to permit the installation of tennis court lights on Lot 2, a residential lot located at 14380 Stage Coach Road, in the Heritage II development in the Rural Residential A (RR -A) zone; and WHEREAS, on May 4, 2004, 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 04 -01 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 04 -01, to permit the installation of tennis court lights on Lot 2, a residential lot located at 14380 Stage Coach Road, in the Heritage II development in 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 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 softened by landscaping. Therefore, the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely 0 0 Resolution No. P -04 -32 Page 2 affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources. 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 it 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 4.38 -acre parcel allowing adequate setback to the tennis court lighting. The tennis court will be situated approximately 225 feet from Stage Coach Road to the rear of the structure under construction and over 400 feet to the nearest residence. 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 That the proposed conditional uses will comply with each of the applicable provisions of Section 17.48.070 of the Poway Municipal Code. Section 3 : The City Council hereby approves MCUP 04 -01 for the installation of tennis court lights on Lot 2, a residential lot located at 14380 Stage Coach Road, in the Heritage 11 development in the RR -A zone, as shown on the plans dated January 28, 2004, 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. 0 Resolution No. P -04 -32 Page 3 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; and, (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 04 -01 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: The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 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. 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 17.30.020.0 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. 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.E 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 light poles. L 0 Resolution No. P -04 -32 Page 4 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. 8. 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. Metal halide lighting is prohibited. E. Prior to obtaining a final inspection on the Building Permits, 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. Should the lighting contractor not be able to certify the installation pursuant to Condition F.2 of this resolution, plans shall be submitted to the Planning Division demonstrating modifications of the fixtures and /or landscape screening, and /ortennis 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. 4. Should the lighting contractor not be able to certify the installation pursuant to Conditions F.2 and F.3 above, the approval granted herein shall be revoked and the lighting fixtures and light poles shall be removed. G. Upon installation of the tennis court and tennis court lights, pursuant to MCUP 04- 01, the following shall apply: 1. Pursuant to Section 17.30.020.C.3, the tennis court lighting shall be used only between 7:00 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 i • Resolution No. P -04- 32 Page 5 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 be maintained to the satisfaction of the Director of Development Services. Section 4 : The approval of MCUP 04 -01 expires on May 4, 2006, 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 May 2004. ATTEST: Lori Anne Peoples, City Cle k C1 Resolution No. P -0432 Page 6 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- 04- 32 , was duly adopted by the City Council at a meeting of said City Council held on the 4th day of May 2004, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON o Anne Peoples, City Cle k City of Poway