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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 ) ) ) ) ) ) ) ) ) ) ) ) [~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 In the event that Environmental Assessment, Conditional Use Permit 94-15 and Variance 94-05 expires or IS rescinded by City Council at the request of the OWNERs, CITY shall expunge this Covenant from the record title of the PROPERTY.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./ . G80 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 ~._- ----- - ...--.-- 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. -~~--~- 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~ ~~-/ ------- - --.---- 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 - ~_.__._-_._-- --.- ------ --.--- --.--.--..---- -----