Covenant Regarding Real Property 1995-0281908
RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY CA 92074-0789 )
)
No Transfer Tax Due )
1464
[~C n 1995-0281908
03-JUL-1995 11=36 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
RF: 13.00 FEES: 31.00
AF: 17.00
flF: 1.00
(This space for Recorder's Use)
COVENANT REGARDING REAl PROPERTY
Frank Schaefer Construction, Inc., a California corporation rOWNER' hereinafter) is the owner 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 321.19()'{)5 rPROPERTY" hereinafter). In consideration of the approval of Environmental Assessment
and Conditional Use Permit 94-14, by the City of Poway rCITY" 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,
h 1I1e event that Environmental Assessment and Conditional Use Permit 94-14, expires or is rescinded by City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.
If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall
be entitled to tJII reimbursement of aU costs, including reasonable attorneys' fees, from the other party. The CITY may
assign to persons impacted by the performance of this Covenant the right to enforce this Covenant against OWNER.
Dated:
f.". /21/ 1.C:;
/ '
~1~ ~c;:~
FRANK SCHAEFER CONSTRUCTION, INC.,
a California corporation
OWNER (Notarize)
Dated:
/- !~ p~
CITY OF POWAY
~dt4
By:
CALIFORNIA ALL.PURPOSItr. ACKNOWLEDGMENT
No. 5907
,
Stateo! ~1465
County of _1J~" ~ ;,~ .
On ~:J i. /99:-5 before me, V~ '/YJ0l.<" -::> ~. 7J~.tf!~
perS~allY app;:;ed/ Y ~ s ,,-1. ~ , /J" ./ NAME. TITLE OF OFFICER 2'J~E. NOTARY PU&1' ,
~ME(S)OFSIGNER(S)
o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence
to be the person~ whose name~ is7a-fe...
subscribed to the within instrument and ac-
knowledged to me that he~ executed
the same in his!tTef.tt:tte.i. authorized
capacity~ and that by his/~
signature~on the instrument the person~
or the entity upon behalf of which the
person~acted, executed the instrument.
r - .'- . . .
@ ~~~..~
i .;.' NhyCX::~ I
IAN DROCOUNTy -
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WITNESS my hand and official seal.
a' ~'
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SIGNATURE OF NOT
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
o INDIVIDUAL
M CORPORATE OFFICER
ff'4U1)~
TITlE(S)
DESCRIPTION OF ATTACHED DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
~
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
~;2~/f~~
(l DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
"
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Aemmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
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LEGAL DESCRIPTION - EXHIBIT "A"
ORDER NO, 54203-21
1466
That portion of the Northeast Quarter of the Northwest Quarter of
Section 7, Township 14 South, Range 1 West, San Bernardino Meridian, in
the County of San Diego, State of California, according to United States
Government Survey approved February 24, 1876, described as follows:
BEGINNING at a point in the Westerly line of the Northeast Quarter of
the Northwest Quarter of said Section 7, distant thereon South 00028'00"
East, 794.30 feet from the Northwest corner thereof; thence South
88028'00" East, 658.12 feet; thence South 00031100" East, 511.59 feet to
a point in the Southerly line of the Northeast Quarter of said Northwest
Quarter; thence along said Southerly line North 88024'00" West, 658.62
feet to the Southwesterly corner thereof; thence along the Westerly line
of the Northeast Quarter of said Northwest Quarter, North 00028'00"
West, 510.68 feet to the Point of Beginning,
EXCEPTING THEREFROM the Southerly 15,00 feet thereof and excepting
therefrom the Southerly 208.71 feet of the Easterly 208.71 feet thereof.
1467
RESOLUTION NO, P-96~04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 94-14
ASSESSOR'S PARCEL NUMBER 321-190-05
WHEREAS, Conditional Use Permit 94-14 submitted by Harry Rogers, applicant,
requests to legalize an existing horse boarding facility, and permit on-site
worker housing on the property located at 14433 Tierra Bonita Road, in the RR-C
zone; and
WHEREAS, on January 3, 1995, 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, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
The City Council fi nds that the project is not 1 i kely to have a
significant adverse impact on the environment, if recommended mitigation
measures are completed and maintained and hereby issues a Negative
Declaration with mitigation measures as contained in the conditions of
approval.
Section 2: Findings:
1. The approved project is consi stent with the general plan in that it is an
agricultural and semi-public use which is permitted in the Rural
Residential-C zone with benefit of a conditional use permit.
2. That the location, size, design and operating characteristics of the
approved use will be compatible with adjacent uses; in that the disposal
of manure and control of dust will be mitigation measures of this
approval, and that the majority of nearby uses are of a rural residential
nature.
3. That the harmony in scale, bulk, coverage and density is consistent with
the adjacent uses; in that a limit of 115 horses has been placed on the
facility. There are presently 113 on the site.
4. That there are available public facilities, services and utilities to
sorvo this project,
EXHIBIT B
1468
Resol ut i on No, P -9 $-04
Page 2
5. That there will be no harmful effect upon desirable neighborhood
characteristics in that trees will be planted along the property 1 ine
adjoining the neighbor to the southeast in order to buffer dust and odor.
6. That the generation of traffic will not adversely impact the surrounding
street and/or the City's Transportaion Element; in that a Traffic
Mitigation Fee will be paid per number of horses kept on the property.
On-site parking facilities will be adequately sized to meet the demand for
use by boarders. The parking areas will be covered with a Class II base
material to prevent siltation of the paved roadway along the Tierra Bonita
frontage.
7. That the site is suitable for the type and intensity of use or development
which is approved; in that the immediate neighborhood contains a major
riding club facility which has created a demand for boarding of horses and
ponies nearby. Many of the surrounding properties also contain horses on
large lots. It is in a rural residential setting.
8. That there will not be significant harmful effects upon environmental
quality and natural resources in that; the corrals which are presently
located within the 100-Year Floodway will be removed and relocated within
a flood-free portion of the property. Manure will be removed on a regular
and more frequent basis.
9. That there are no other relevant negative impacts of the approved use that
cannot be mitigated because the conditions of approval include mitigation
measures, annotated by an asterisk *, which address all potential impacts.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 94-14, 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.
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 uses.
This conditional use permit shall be subject to annual review by the
Director of Planning Sorvices for complianco with the conditions of
approval and to address concerns that may have occurred during the past
year, If the pormit Is not in compliance with the conditions of approval,
1469
Resol ut Ion No. p. 9 &.o~
Page 3
or the Planning Services Department has received complaints, the required
annual review shall be set for a public hearing before the City Council,
to consider modification or revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department 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. Compliance with all provisions of
Ordinance 432 as amended by Ordinance 438 is required.
4. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance. The applicant shall obtain proper
building permits for existing structures which have been built without
them.
5. Building permits shall be obtained for all illegal structures by March 3,
1995 and all structures shall have received final inspection by May 3,
1995.
6. Outdoor lighting for the exercise arenas shall be fitted with shielding so
as to contain the light spread within the property's boundaries.
7. No more than 115 horses shall be kept on the subject property at any time.
8. * No horse corrals, an i ma 1 pens, or enclosures shall be placed wi thi n the
IOO-Year Fl, oodway although exercise arenas containing minimal fencing may
be constructed within this area.
9,*
Manure shall be removed from the site on a cycle of not less than twice
por month, and shall not bo stockpllod noar the easterly property lino,
nor within the IOO-Year Floodway,
-
-~_....__."-~--~_._~_.~_~~.~__....._.__._._....___w.,..~_.~ _ ,"
1470
Resolution No. P-g~.04
Page 4
10. Publ ic restroom facllities shall be completed within one year of this
approval.
11. Hours of operation shall be limited from sunrise to 9 p.m. Special events
that would extend the hours beyond 9 p.m. shall require temporary use
permit approval through the Planning Services Department,
12. Hours of operation for the arena lights shall be dusk to g p.m. except as
approved by temporary use permit and for actual emergencies.
13. An effective fly control system shall be maintained around the animal
pens.
14. The operation shall be maintained in a clean and sanitary condition.
Animal pens and animals shall be cleaned on a daily basis.
15. The temporary use of the barn/tack building as a residence for workers
shall be discontinued by April 3, 1995. Permanent housing for workers who
are employed on the property may be provided on site in conformance with
building, sanitation and other applicable codes. Design of worker housing
shall be approved by the City Council.
16.* Provide dust control, on a daily basis if needed, by use 0,' sprinkler
systems for the arenas, horse workout pens and other portions of the site
where dust would be generated.
17. A temporary use permit shall be obtained prior to any outdoor special
events such as horse shows, barbecues and day camps. Rodeos and any other
event that would generate large amounts of traffic are prohibited. No
amplified sound is allowed unless approved for a special event approved by
a temporary use permit.
PARKING AND VEHICULAR ACCESS
The parking lots and delivery areas shall be surfaced with six (6) inches
of compacted Class II base material within 60 days of the date of this
approval.
LANDSCAPE IMPROVEMENTS
1. A 1 ine of trees 15 gallon in size, shall be planted along the adjoining
property Ii nes with As sessor' s Parcel Number 321-190-06, These trees
shall be kept in a healthy, thriving condition. free from weods, damage
from resident horses, and watered by means of a low water usage irrigation
systom.
----.__.._,~
14'11
Resolution No. P-95-04
Page 5
2. Existing on-site trees shall be retained wherever possible.
SIGNS
Any signs proposed for th1 s project shall be designed and approved in
conformance with the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
The applicant shall pay Traffic Mitigation Fees to the Engineering
Services Department within 30 days of approval of this use permit. The
fee shall be paid at a rate of $10.00 multiplied by the maximum number of
horses proposed to be kept at the facility.
DRAINAGE AND FLOOD CONTROL
The proposed project falls within areas indicated as subject to flooding
under the National Flood Insurance Program and is subject to the
provisions of that program and City Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Place 2A:10BC extinguishers in exterior buildings, i.e. barns, tack sheds,
etc.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 3rd day of January, 1995.
ATTEST:
VJ(a-k~ cA
Marjorie K. Wahlsten,
I J.ereby certily. uncler the penalty
of pe'i "y. that the above and
foregoing is a true ~ cerred
copy of Res"lu~on No. - '16:C?~
as adopied by the Cily Council of
Poway, alifornia on the '3~
day of , 192.r:::-
MARJ ,IE K: WAH~~RK .
~~p" ~
Resolution No, P_ 95-04 1472
Page 6
STATE OF CALIFORNIA
)
) SS.
)
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-95-04 , was duly adopted by the City Council at a meeting of said City Council
held on the ~ day of January , 1995, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Cf)~
Marjorie K. Wahlsten,
City of Poway