Covenant Regarding Real Property 1995-0018843
RECORDING REQUEST BY:
CITY OF POWA Y
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
)
)
)
)
)
)
)
)
)
)
)
)
~c I 1995-0018843
1.-JAH-1995 Oal39 AM
IFFICIAL RfCORIJS
SAIl DIE60 CIUITY RECllbu'S IFFICE
Rf GREm SIfITH, CIUITY RECORDER
i: H:~ FEES. . 31.00
1.00
128:"
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
William Anthony Steiner and Patricia Ellen Steiner. ("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 321-271-02 ("PROPERTY" hereinafter). In consideration of the approval of Conditional
Use Permit 94-09 by the City of Poway ("CITY" hereinafter). OWNERs 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In the event that Conditional Use Permit 94-09 expires or is rescinded by City Council at the request of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 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 OWNERs.
Dated:
/73-9-.5
Dated: ~ . \... _ '\ CI.....S
Dated: /<:9-1.3 -5? ~
ft/~ ~
William Anthony Steiner, ~tariZe)
'<.-~ . : - ''ta.~s.. ...~.:.-. -:)
Patricia Ellen Steiner. OWNER (Notarize)
CITY OF POWAY
4- d;~;~~
By:
1286
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
THE NORTHERLY 674.61 FEET OF THE SOUTHERLY 1515.95 FEET OF THE EASTERLY 968.55
FEET (SAID DISTANCES BEING MEASURED ALONG THE EAST AND SOUTH LINES THEREOF) OF
THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
EXHIBIT A
.. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
1287
No. 5907
State of r::..ll r;: u'\-.)oJ l <<-
County of 'SOl ~ Q) \ ~ 0
On ...l;;!JI. t~. l"t't5 before me, ~C.44yJ -y.. \~'7i'l.v5
DATE NAME, TITLE OF OFFICER. E.G., "JANE DOE. NOTARY PUBLIC"
personally appeared LU,L/IIL__ ~....+-lc."'fSt-cI.r~\oo +- &i!:h"\Cl' die,..; 5t.eIl..l~J.-,
NAME(S) OF SIGNER(S)
o personally known to me - OR ~ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) ;s1are
subscribed to the within instrument and ac-
knowledged to me that J;re/~/they executed
the same in prn/R€r/their authorized
capacity(ies), and that by b+s1tJ.e'r/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
I~: ~ ~~,~.. of
~ @ COMM.#1OI3I36 ~
I NalaryNolc - CUI~.'" ~
I IAN DROCCUN1V I
,. ~ _ ~ ~~,~C:C~1~_
WITNESS my hand and official seal.
)2~2~A~~
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
~ INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
aVe~;t)J+ 'R.e.ra-v,Lu, K-e'!!.L ?....{et-!7
TITLE OR TYPE OF DOCUMENT
TITLE(S}
o PARTNER(S)
o LIMITED
o GENERAL
---
\ wC
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
l~3Iq)
/ DATE OF OOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
" ,
RESOLUTION NO. P-94-57
1288
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 94-09
ASSESSOR'S PARCEL NUMBER 321-271-02
WHEREAS, Conditional Use Permit 94-09, submitted by Bill and Pat
Steiner, applicants, requests approval to operate a stable for up to 110
horses on an Arabian horse ranch with breeding, foaling, training, mare care,
lay-ups (caring for injured or sick horses), lessons (riding and horse care),
sales and boarding (for up to 100 horses plus 10 transitory horses on a 15
acre site at 13980 Millards Ranch Lane within the Rural Residential A zone;
and
WHEREAS, an investigation of existing facilities & constraints,
including the design and use of neighborhood roads and public testimony about
these roads, reveals that the site is suitable for the keeping of no more than
45 horses; and
WHEREAS, on November 29, 1994, the City Council held a duly advertised
hearing on the above-referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental 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-A with the approval of conditional use permit,
2. That the location, size, design, and operating characteristics 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 will be buffered from existing and
proposed surrounding land uses by implementation of the conditions of
approva 1 ,
3. That the approved use is in compliance with the Zoning Code, in that
stables are a permitted use on properties in the RR-A zone with a
Conditional Use Permit 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 15 acres in size and the conditions
of approval will ensure that the use is buffered from surrounding
residential uses,
5, That streets leading to the property are narrow, steep. private streets
which are not designed or constructed to safely carry heavy loads of
traffic.
6. That. at a level of 45 horses. the generation of traffic will not
adversely impact surrounding streets and/or the C1ty's Circulation
Element, Traffic mitlgatlun fees will be paid and the applicant is
required to provide proof of the legal right to use the private road
from Poway Ruad to tht) app 11 c,m t' s site,
EXHIBIT B
Res~ .1on No. P-94-57
Page 2
7. That the site 1s suitable for the type and intensity of the designated
use which is proposed, in that the property is in a rural area,
relatively flat and large enough to accommodate the use,
1289
8, That there will not be significant harmful effects upon environmental
quality and natural resources,
9. That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
10, That, at a level of 45 horses. the impacts and the location, size,
design and operating characteristics of the approved use and the
conditions under which it will 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.
11, 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: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 94-09, to allow
the keeping of 45 horses, subject to the following conditions:
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 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,
Conditions marked with an "*" (asterisk) are mitigation measures,
SITE DEVELOPMENT
1. Site shall be dcv0loped in accot'dance with the approved site plans on
file in the Planning Services Department and the conditions contained
herein,
2, Revised slto p1.UIS .,nd blllldln\] elev"tlons Incorporating J1I conditions
of approval 511;111 bl~ slIbmltted to tllo PI'lnnlnu Services DOp,II'tment priut'
tu IS~II.uIC" 01' 11I11Idlll'l 11"I'llllts.
RQsol~ In No. P-94-S7
Page 3
3. Building permits shall be obtaIned for all l1legal structures by January
30, 1995 and all structures shall have received final inspection by
March 31, 1995.
1290
4, 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 is required,
5, 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,
6,* A site inspection by the County Health Department is required to
recommend proper abandonment procedures for the two capped wells,
inspect the septic systems, ensure that animal enclosures are the proper
distances from any capped/active or abandoned wells (100 feet and 50
feet respectively), and to verify that manure stockpiling and usage on
the site is sufficiently set back from the creek and other creek
tributaries on the property. Recommended actions shall be completed by
January 3D, 1995.
7, Hours of operation shall be limited from sunrise to 10 p,m, Special
events that would extend the hours beyond 10 p.m. shall require
temporary use permit approval through the Planning Services Department.
8, Hours of operation for the arena lights shall be dusk to 9:00 p.m.
except as approved by temporary use permit and for actual emergencies.
Night lighting for the arena shall be directed and shielded so as not to
be a nuisance to surrounding property owners,
9, An effective fly control system shall be maintained around the animal
pens.
10, An effective horse manure management program shall be developed and
implemented for the site, No horse manure is to be stockpiled within
100 feet of the creek or any other water source per Title 23, Division
3, Chapter 15, Article 6 of the California Code of Regulations, Manure
storage areas shall be designed to drain away from adjacent properties,
so as to prevent surface water from leaching into streams, ditches or
groundwater. If manure is to be composted or used for fertilizer,
proper procedures must be used to control insects and to minimize
offensive odors,
11, The operation shall be maintained in a clean and sanitary condition.
Animal pens and animals shall be cleaned on a daily basis.
12, The temporary use of the travel trailer and camper shell as residences
for workers shall be discontinued by ~1,H'ch 13, 1995 and permanent
housing provided on-site.
13* Provide dust control. on a dully busis If needed, by use of sprinkler
systems for the large aren,1, IH1I'se wOl'kout pons and other portions of
the site where dust would bt1 gnIH)I\1ted.
14, ^ temporary use permit sh,111 1\\1 obt.,\lned prior to any outdoo!' special
t)Vt1nts such ,1'; hnr'sn shows, h.\I'!H1CIIt\S and d;iy camps. Rodons (lnd any
Resolu"on No. P-94-57
Page 4
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,
15,* All structures and animal pens shall be kept 100 Feet From the Flow line
of the creek or a minimum of SO feet from the top of the creek bank.
Animal pens shall be designed to drain away from the creek,
16,* Remove pipe corrals, tack sheds and any other structures from the
building setback areas along Dos Amigos Way and Millards Ranch Lane,
within 100 feet of the flow line of the creek or 50 feet from the top of
the bank with best management practices, and the setback areas around
the two wells, The creek setbacks may be reduced if best management
practices are implemented as recommended by the County Health
Department, Regional Water Quality Control Board and/or Soil
Conservation Service/Resource Conservation District. Measures such as
filter strips of vegetation, diversion terraces or earthen berms may be
appropriate.
17. Permanent on-site restroom facilities for horse boarding customers shall
be provided within one year of approval of this permit, Disabled access
shall be provided to the restrooms,
1291
18, Landscaping with trees and shrubs is required for the street setback
areas to provide visual screening and help to mitigate the dust.
Existing trees, shrubs and other landscaping on site. particularly on
the periphery of the site, shall be maintained for visual screening from
surrounding parcels.
19,* Applicant shall contact the Department of Fish and Game and obtain, if
necessary, a Code Section 1603 permit for any prior grading near or
within the stream by March 13, 1995,
20. The number of horses kept on the site shall be reduced to a maximum of
45 by March 1, 1995. Riding lessons shall be offered for a maximum of
30 hours per week and for not more than 30 students per week. Students
who do not own a horse boarded at the facility may use horses provided
by the tra i ner.
21. The semi-truck trailer used for storage shall be moved to the eastern
part of the site, as shown on the revised site plan, and not used for
storage.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
EXISTING STRUCTURES
Existing building(s} shal I be made to comply with current building and zoning
regulation$ for the Intcnded use or the building shall be demolished,
. '
Resoh.lon No, P-94-57
Page 5
1292
, 1,
"
I
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED,
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1, The applicant shall pay Traffic Mitigation fees to the Engineering
Services Department within 30 days of the approval of this use permit.
The fee shall be paid at a rate of $10 by the maximum number of horses
approved for boarding at the facility,
COMPLIANCE SHAll BE
2, The applicant shall provide proof of the legal right to use the private
road from Poway Road to the applicant's site (and applicant's obligation
to participate in maintenance) for. the use and to the extent approved by
the CUP, Such proof shall be submitted promptly upon resolution of the
litigation now pending, In the event submittal has not occurred within
nine months of CUP approval, staff shall set the CUP for publ ic hearing
to consider modification or revocation.
3. A grading plan, prepared by a State Registered Civil Engineer,
indicating the arena area that was graded (cut or fill) with more than
50 cubic yards of earthwork shall be submitted to the Engineering
Services Department for review and approval by December 29, 1994. Fees
for permit, plan checking, inspection, and soils report reviews shall be
totally paid prior to grading permit issuance. A portion of the fees
shall be paid at first submittal of the grading plan.
At the arena area where earthfill of more than 50 cubic yards was placed
and is not planned to be regraded for compliance with the City's grading
ordinance, the applicant shall, in addition to the grading plan
requirement above, execute a document restricting building construction
over said area and identifying it as a non-structural fill. A plat of
the property and a legal description of the arena area, prepared by a
Civil Engineer, shall be attached to the document which shall be
reviewed and approved by the City Engineer prior to recordation in the
office of the Recorder of San Diego County.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of November 1994.
.--
L-2~~,
Don Higginso , May
ATTEST:
'i\\f).\-~Jt1..{..xL
~\ na" ,sten:-ITti"""CTerC "
I hereby certify, under the penalty
of perjury, that the al>ove and
foregoing is a true and correct
copy of Resolution No'?- r'/-J1,
as adopted by the City Council of
Poway,~n the ~ '(;6(.
day of ~, 19~.
MARJORIE K. W AHLSTEN, CITY CLERK
b~~ b'~ iJ.-7"7
/ ,
- '
12113
Resolution No. P-94-57
Page 6
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS,
)
I, Marjorie K, Wahl sten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No,
P-94-57 ,was duly adopted by the City Council at a meeting of said City Council
held on the 29th day of November , 1994, and that it was so adopted
by the follo~vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, HIGGINSON
EMERY
NONE
SNESKO
)n~ k IJd-i.>>-t....
Marjorie K. Wah sten, City C erk
City of P way
e:\city\planning\report\cup9409,res