Covenant Regarding Real Property 1995-0095886
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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1643
DuC U 1995-0095886
07-MAR-1995 08=08 AM
OFFICIAL RECORDS
SAN DIEGO COOOY RECORDER'S OFFICE
GREGORY SnITH, COUHTY RECOROER
RF: 12,00 FEES: 28,00
AF: 15.00
MF: 1,00
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Elizabeth Meanley ("OWNER" 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 323-
070-62 ("PROPERTY" hereinafter). I n consideration of the approval of Environmental Assessment and
Cond~ional Use Permit 94-19 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.
I n the event that Environmentai Assessment and Conditional Use Permit 94-19 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rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record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 enmled to full reimbursement of all 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:
1-/ J-2 / q5/
,
c) -~ / ,)
Z j __ (( -'I //J 1U-A--(
Elizabeth Meanley. OWNER (Notarize)
CiTY OF POWAY
Dated: /-3/- C;s-
By:
~4!~~
1644
LEGAL DESCRIPTION
PORTION OF THE NEII4 OF THE SWl14 OF SECTION 17 T.14S., R.l W., S.B,M. IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXHIBIT A
CALIFORNIA ALL.PURPOt..,; ACKNOWLEDGMENT
1645
No. 5907
State of
County of ~.J/I '-:[J U gu
On Z/Z21g'$ before me, fY/w5hf::-:!TI~~C~E~~N~~,jA!:e~Lt'C-,
personally appeared .J; II ~ UJ. fYl.Q..j)J7 ~ '
NAME(S) OF SIGNEA(S)
o personally known to me - OR - Ji.proved to me on the basis of satisfactory evidence
to be the personW whose name($') is/-ow:e
subscribed to the within instrument and ac-
knowledged to me that fie{she/~ executed
the same in J:!.i.s/her/t~ authorized
capacity(.i9s);- and that by ~her/their
signature~ on the instrument the person~
or the entity upon behalf of which the
person(.t1' acted, executed the instrument.
(I a-L.. -fOy f)'( R--
y~~...^......
B'; . Marsha T, Lawson f
. Comm. #957336
"I: NOTARY PUBLIC CAlIFORNrAQ
tit. SAN DIEGO COUNTY 0
I MyComm. Expltes Feb. 25, 1996"'"
w - _ _ ~ v v . _ . v v ~ r~
WITNESS my hand and official seal.
171ilf::J~ cj ~
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TlTlE(S)
tvteY\WJ-- re&:{~ (eo) pr()F~
TITLE OR PE OF D UMENT
o PARTNER(S)
o LIMITED
o GENERAL
,)
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
z-Izz)q$
r I
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OA ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7164
.
1646
RESOLUTION NO. P- 95-07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 94-19
ASSESSOR'S PARCEL NUMBER 323-070-62
WHEREAS, Conditional Use Permit 94-19, submitted by Sandra Senior,
applicant, requests approval to operate a stable for up to 75 horses on a 6.5
acre site located at 14905 Garden Road, on the southwest corner of Garden Road
and Sycamore Canyon Road within the Rural Residential B zone; and
WHEREAS, an investigation of the existing facility and constraints reveals
that the site is suitable for the kecping of no more than 75 horses; and
WHEREAS, on January 31, 1995, the Ci ty Council hel d a duly advertised
hearing on the above-referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinqs:
The City Council finds that the project will not have a significant
adverse impact on the environment and hereby adopts a Negative Declaration
with mitigation measures,
Section 2: Findinqs:
1, The approved project is consistent with the general plan in that
stables are a permitted use on properties with the General Plan
designation of RR-B with the approval of a conditional use permit.
2. That the 1 ocat i on, size, des i gn, and ope rat i ng characteri st i cs of
the approved use, as modified by conditions of this resolution, will
be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, structures, or
natural resources, in that the use is located on a generous size lot
which adjoins others of like kind and use,
3. That the approved use is in compliance with the Zoning Ordinance, in
that stables are a permitted use on properties in the RR-B zone and
the property will be required to comply with site and operational
standards listed in the large animal ordinance,
4. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the site is 6,47 acres in size and the
conditions of approval will ensure that the use is conducted in a
way so as to be compatible with surrounding neighbors.
5. That the generation of traffic will not adversely impact surrounding
streets and/or the City's Circulation Element, in that traffic
mitigation fees will be paid and the applicant is required to
provide on-site parking.
EXHIBIT B
1647
Resolution No. P-95-07
Page 2
6. That the site is suitabl e for the type and i ntens ity of the
designated use which is approved, in that the property is in a rural
area, relatively flat and large enough to accommodate the use.
7, That there will not be significant harmful effects upon
environmental quality and natural resources.
8. That there are no other relevant negative impacts of the approved
use that cannot be mitigated.
9. That the impacts and the location, size, design and operating
characteristics of the ap~roved 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.
10, That the approved conditional use will comply with each of the
applicable provisions of Title 17 of the Poway Municipal Code and
all other applicable codes and ordinances,
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 94-19 subject to
the following conditions:
Conditions marked with an "*" (asterisk) are mitigation measures.
1. 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 uses,
3, This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the past
year, If the permit is not in compliance with the conditions of approval,
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.
1648
Resolution No. P-95-07
Page 3
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,
4. Building permits shall be obtained for any illegal structures by June 30,
1995, and all structures shall have received final inspection by June 30,
1996.
5. The applicant shall comply wit 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,
6,* A site inspection by the County Health Department is required to verify
that manure stockpiling and usage on the site is sufficiently set back
from the floodway.
7. The operation shall continue to be maintained in a clean and sanitary
condition. Animal pens and arena shall be cleaned on a daily basis,
8.* Relocate the corrals and sheds to areas of the property outside the 100-
Year Fl oodway.
9. Horse trailers, tack sheds and metal storage buildings shall not be stored
within the 100-Year Floodway.
10. Permanent on-site restroom facilities for horse boarding customers shall
be provided within one year of approval of this permit. Disable access
shall be provided to the restrooms.
11. The maximum number of horses permitted to be kept on the subject site is
seventy-five (75),
12. Existing on-site trees shall be retained wherever possible and shall be
ma i ntai ned in a hort i cultura lly acceptabl e manner, Dead, decayi ng, or
potentially dangerous trees shall be approved for removal at the
discretion of the Planning Services Department during the review of the
Master Plan of existing on-site trees, Living trees which are approved
for removal shall be replaced on a tree-for-tree basis as required by the
Planning Services Department.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED, COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. The applicant shall pay Traffic Mitigation Fees to the Engineering
Services Department within 30 days of approval of this permit. The fee
1649
Resolution No, P- 95-07
Page 4
shall be paid at a rate of $10,00 per horse multipl ied by the maximum
number of horses approved,
2, The existing and proposed fences shall not impede flow of water through
the property,
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 31st day of January, 1995,
CV;Nrf ,./ ~I ~-'
Susan Cal ery, Depu y ayo
ATTEST:
'liereby certify, under the penalty
of perjury, that the above and
Foregoing is a true and correct
copy 01 Resolution No. P -7~-O,7
es adopted by the City Coundt of
Poway, Ca~fornia on tho ;. fA-!-
dayol~19z.s:::
~<w_an~
b. CLlu #~
1650
Resolution No. P-95-07
Page 5
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
I, Marjorie K, Wahlsten, City Clei-k of the City of Poway, do hereby
cert i fy, under the penalty of perjury, that the foregoi ng Resol ut ion, No.
P-95-07 , 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
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
'. ~,- --
. ~_;'_ . T-=--.
Marjorie K. Wahlsten, City Clerk
City of Poway