Covenant Regarding Real Property 1994-0698522
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
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[~C U 1994-0698522
06-DEC-1994 10=02 AM
OFFICIAL RECORDS
SAN DIEGO COOHTY RECORDER' 5 OFFICE
GREGORY snITH, COUHTY RECORDER
RFI 13.00 FEES: 31. 00
AF: 17.00
If. 1.00
679
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Frans T. Verheljen and Stanlee C. VerheiJen, husband and wife ("OWNERs.' 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 323-280-18 ('PROPERTY' herelnafterl. In consideration of the approval of
EnVIronmental Assessment, Conditional Use Permit 94-15 and Variance 94-05 by the City of Poway ('CITY'
hereinafter), OWNERs hereby agrees to abide by conditions of the attached resolution (Exhibit BI.
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 Environmental Assessment, Conditional Use Permit 94-15 and Variance 94-05 expires
or IS rescinded by City Council at the request of the OWNERs, CITY shall expunge this Covenant from the record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:
u Z( ('1i;f
\2. '-
Dated:
Dated: 11-;;;:(7- 9<;/
~i,
Frans T. Verhiejen, OWNE
;;Sl-~ (!
CITY OF POWAY
By:
'ill 71 .fU- ~ ~
}-(}o.-' UJ'~-:rCJ - f,'V-OJ./ .
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LEGAL DESCRIPTION
PARCEL 1:
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 18 TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE
NORTHERLY 526 FEET THEREOF AND LYING EASTERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT THE SOUTHEAST CORNER OF THE WESTERLY 360.00 FEET OF THE
NORTHERLY 526.00 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 18; THEN~E SOUTH 01.23'45" EAST,'
500.00 FEET; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO A.POINT ON THE
SOUTHERLY LINE OF SAID SECTION 18, DISTANT THEREON 60.00 FEET WESTERLY
OF THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER.
EXHIBIT A
- CA!-IFORNIA ALL.PURPOSE ACKNOWLEDGMENT
681
No. 5907
Cr~ JI'~.~~
County of ~ ~
On 1ST) 2-1 90 before me, ~L;~FoIFFlC~R~~~IC.
personally appeared FrCU\.s T. Vfrhit'.\€.V1o.,,-d 5ta...v...I..e t_, Verhiej~
....f.JAME(S) OF SIGNER(S)
o personally known to me - OR - ~oved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)~
subscribed to the within instrument and ac-
knowledged to me that h~executed
the same in ~..f'm.~ authorized
capacity(ies), and that by i:rls/~
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
State of
OFFICIAL SEAL
SANDll DURAN
NOTARY PUBUC. CAUFORMA
SAN DIEGO COUNTY
., IFO" \ MyCarrm. ExrIIrts SeIlt.19.1995
WITNESS my hand and official seal.
~~~.k ~~
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
traudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTIDN OF ATTACHED DOCUMENT
TITLE(S)
~Li.f'AoV'o ~ <I- ~eu-ch'",-, pDO Q
TITLE OR TY OF DocuMENT f r (>
o PARTNER(S)
o LIMITED
o GENERAL
\ q:>)VS D:>M.
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
g gyARDIAN/CONSERV A TOR S
i%QTHER: () W ~
I L)L{~0
DATE OP DOC MENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Y\ <:r>""'-<>-
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
682
. RESOLUTION NO. P- 94-58
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE, PERMIT 94-15 AND VARIANCE 94-05
ASSESSOR'S PARCEL NUMBER 323-280-18
WHEREAS, Conditional Use Permit 94-15 and Variance 94-05, submitted by
Frans and Sandi Verheijen, appl icants, request approval to operate a horse
boarding facility stabling up to 25 horses on a property located at 12811 Welton
Lane within the Rural Residential C zone. The applicants are also requesting a
variance to allow horses to be kept within the required front yard setback; 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 I: Environmental Findinqs:
The City Council finds that the project will not have a significant
adverse impact on the environment and hereby issues a Negative Declaration
with Mitigation Measures.
Section 2: Findinqs:
Conditional Use Permit 94-15
1. The proposed project is consistent with the General Plan in that
stab 1 es are a permitted use on propert i es with the General Pl an
designation of RR-C subject to approval of conditional use permit.
2. That the location, size, design 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, in that the use is located in a
low density rural residential zone where horses are also being kept
on other lots in the area.
3. That the proposed use is in comp 1 i ance with Sect i on 17.32 of the
Zoning Code, in that it compl ies with the 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 in a rural residential zone
where horses are also being kept on surrounding properties.
5, That the generation of traffic will not adversely impact surrounding
streets and/or the City's Circulation Element, in that on-site
parking will be provided, the applicants are required to pay a
traffic mitigation fee and the conditions of approval limits the
maximum number of riding lessons and students at the Ranch to
current rates to minimize use generated traffic.
EXHIBIT B
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683
.,
Reso 1 ut i on No. P- 94-58
Page 2
6, That the site is su i tab 1 e for the type and i ntens ity of the
designated use which is proposed, in that the property is of
sufficient size to accommodate the use.
7. That there will not be significant harmful effects upon
environmental quality and natural resources in that a horse boarding
use has operated on the site for the past three years and the
facility is well operated and maintained.
8. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
Variance 94-05
1. That there are special circumstances applicable to the property, and
because of this, the strict application of the Zoning Ordinance
deprives the property of privileges enjoyed by other properties in
the vicinity under identical zoning classification.
The special circumstances are that a large portion of the lot is
sloping and not suitable for siting animal pens. The area where the
animal pens encroach is more than ten feet lower than the elevation
of Welton Lane. Therefore the pens are satisfactorily screened and
buffered from the street.
2. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zoning for which the
variance is sought in that the topography of other horse properties
in the area is more level and allows for horses to be kept clear of
required setback areas.
3. That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, or
injurious to the property or improvements in such vicinity and zone
in which the property is located.
4. That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zone in that other horse properties exist in the
area which are less constrained in the siting of horse pens because
those properties are more level.
5. That the granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by the zoning
development regulations governing the parcel or property in that
horse boarding facilities and riding schools are allowed in the
rural res i dent i a 1 zone with the approval of a cond it i ona 1 use
permi 1.
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684
Resolution No. P-94-58
Page 3
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 94-15 and Variance
94-05 subject to the following conditions:
1. Within 30 days of approval (I) 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 publ ic
heari ng before the City Counc i 1, to cons i der mod ifi cat i on 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.
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.
5. Building permits shall be obtained for all structures (horse shelters,
shade structure near riding arena) that are non-permitted. These permits
sha 11 be obta i ned with i n 30 days of approval of th is permit. If permi ts
are not obtained, the applicants shall remove the structure(s).
685
Resolution No. P- 94-58
Page 4
6. The applicant shall bring the guest house unit located in the barn into
conformance with the Uniform Building Code. The necessary building,
plumbing and electrical permits shall be obtained from the Building
Services Department. This requirement shall be accomplished within 30 days
of the approval of this use permit.
7. An effective fly control system incorporating fly traps, automatic emitter
sprays, etc. shall be implemented and maintained within the barn around
the animal pens and the manure dumpster.
8. An effect i ve horse manure management program shall be developed and
implemented for the site. No horse manure is to be stockpiled near 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.
9. Setbacks from the creek or any other water source 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.
10. The operation shall be maintained in a clean and sanitary condition.
Animal pens and animals shall be cleaned on a daily basis.
11. No more than 25 horses shall be kept on site. The maximum number of
riding lessons offered at the Rockin V Ranch shall not exceed 17 per week.
The maximum number of riding class students shall not exceed forty-three
(43). If at some time in the future the applicants/facility owners seek
to increase the maximum number of riding lessons provided or the maximum
number of riding school students, they shall make a request at the time of
the annual revi ew for CUP 94- I 5, and the permit shall be schedul ed for
public hearing and City Council review.
12. A temporary use permit shall be obtained for any outdoor special events
such as horse shows, rodeos, and other activities that would draw a large
crowd (more than 50 people).
13. All structures and animal pens shall be kept well clear of the creek.
Animal pens shall be designed to drain away from the creek.
14. Future clearing or grading of the site will require the approval of an
administrative clearing or grading permit by the Planning Services and
Engineering Services Departments.
15. The use of sound amplification equipment is prohibited outdoors, unless
approved for a special event approved by a temporary use permit.
68;;
Resolution No. P- 94-58
Page 5
16. Provide on-site restroom facilities for horse boarding customers.
Disabled access shall be provided to the restrooms.
17.
Hours of operation shall be 1 imited from sunrise to 10 p.m.
events that would extend the hours beyond 10 p.m. shall require
use permit approval through the Planning Services Department.
Special
temporary
SIGNS
Any signs proposed for th is development shall be des i gned and approved in
conformance with the Sign Ordinance.
EXISTING STRUCTURES
Existing building(s) shall be made to comply with current building and zoning
regulations for the intended use or the building shall be demolished.
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE SHAll BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. 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 per the maximum number of horses
approved for keeping and boarding at the facility ($10 x 25 horses =
$250).
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of November 1994.
L-.?-+k
Don Higginson, Ma
ATTEST:
lUtvIJ:,t:..,
sten, City C erk
I hereby certily, under the penalndty
h the above a
of perjury, t at d correcl
lore going is a true "l 'II/- ~ '7,
copy of Resolution No. d f
db the City Counc 0
as adopte Y :,1" fJ;.
C 1.1. nia on tI1e
poway, ~ tHI
day of 'Jl ' 19 LIO-'
MARJORIE K. W AHlSTEi'I. CITY c~
bY:vrl~ ~~-/
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Resolution No. P- 94~7
Page 6
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
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-94-58 , was duly adopted by the City Council at a meeting of said City Council
held on the 29thday of November , 1994, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: SNESKO
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