Loading...
Covenant Regarding Real Property 1994-0003149 CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 ) ) ) I ) I ) ) ) ) ) ) 1524 C"S " 1994-0003149 04-JAN-1994 08=49 AM OFFICIAL RECORDS SAN DIEGD COUNTY RECDRDER'S OFFICE AHHETTE EVAHS, COUHTY RECORDER R" R 00 rm: 20,00 .1" ",. !",i..>J At: 11.00 MF: 1. 00 \ RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: No Transfer Tax Due IThis space for Recorder's Use) COVENANT REGARDING REAL PROPERTY John E. Hodgson and Patricia A. Hodgson ("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-' 80-06 ("PROPERTY" hereinafter). In consideration ofthe approval of Minor Conditional Use Permit 93-04 by the City of Poway ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, 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 In the event that Minor Conditional Use Permit 93-04 expires or is rescinded by CitY Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 OWNER. Dated: I"L -"30 'r"3 ohn E. Hodgson, OWN (Notarize) ~*~<~ Ql. Nd~"^ atricia A. Ho gson, OWNER (No rizer I a../ d, y / '1.3 CITY OF POWAY Dated: / / - 30 -9.3 By: ~ lJ?lJ- - t/~'-LV~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT On/6?-80-Y3 before me, \t11~ DATE ~ NAME,TITLEOFO FICER-E.G.,"JANE ,N TARYPUBLlC' personally appeared ~. c1: ..J.L..d~ ~ ~AME(S)OF SIGNER(S) o (iJefsenally I{Ae,,,, to A',~ - OR - Ji proved to me on the basis of satisfactory evid nce to be the person~ whose name}a11 subscribed to the within instrument and ac- knowledged to ~a~1 ,eill "'y executed the same in Cl:!.W1,e,/tlleir authorized capacity~, and that b~I,el/tlleir signature~ on the instrument the person~ or the, eptity upon behalf of which the person~ acted, executed the instrument. 0<../ State of County Of~ OfFiCIAL SEAL ..' V":: LOFTON :c. 1,..:::.:.I:c-CaUfornla :'6_~j 1-:',..:(;:' COUNTY My C0;:1:TL::ion ExpIres AprI12~.1994 .' '\'~. ..,'6 \',,,,/", \; , C""O."'~ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. } 1525 WITNESS my hand and official seal. ~~~ SIGNATURE OF NOTARY No. 5193 - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to till in the data below, doing so may prove invaluable to persons relying on the document. o INDIVIDUAL o CORPORATE OFFICER(S) TITlE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTIO~, TITLE OR TYPE OF DOCUMENT ~ h ~;I'- /.if /.f:ea..f' /,:~' i:.Z.L NUMBER OF PAGES DATE DOCYMENT /~_ qJ,y ==? fI1fJ1~~ SIGNER(S) OTHER THAN NAMED ABOVE @1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 1 5 <Ltj EXHIBIT "A" ,he foHowing described real property in the COUnlY 01 San Di "an City of Poway . "'ole of California: ?ARCI"L 1; The North 200.00 feet of the West 272.00 feet of the Nm'th Half of the Northeast Quartel' of the Northeast Quarter of Section 15. TownShip 14 South, Range 1 West, San Bernsrdino Meridian. in the City of Powsy, County of San Dielo State of California, according to United States Government Survet as more particularly described described in Exhibit "A" attached hereto and made a part hereof consistinc of 1 page. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT I70J No. 5193 - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying 0f1 the document. o INDIVIDUAL o CORPORATE OFFICER(S) On/!),->>- q:; before me 'Pent) reuS, DATE /J ' N E, TITLE OF OFF - E.G" "JANE DOE, NOTARY PUBLIC" personally appeared~fr; ci Ov Hol'il1son ~ ~AME(S) OF SIGNER(S) )AJ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TITLE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBEO AT RIGHT: SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES) LjJ~~ - 6;~IONAL SECTION TITLE OR TYPE OF DOCUMENTCOVP/Al{J'1f' ~Jr. k/w flrtP)Je.rh1 NUMBER OF PAGES ~ DATE OF OOCYMENT 1/-30. CZ3 SIGNER(S) OTHER THAN NAMED ABOVE ..LVON 6 Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. @1992NATIONALNOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 1-"': 27 RESOLUTION NO. P- 93-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 93-04 ASSESSOR'S PARCEL NUMBER 323-IBO-06 WHEREAS, Minor Conditional Use Permit 93-04, submitted by Lea Burrell, applicant, requests approval to keep and propagate up to 100 exotic birds at the property located at 14121 Melodie Lane, located in the RR-C zone; and WHEREAS, on November 16, 1993, 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 FindinQs: The City Council finds that the project is categorically exempt under the provisions of CEQA Guidelines, Class 21, an enforcement action by a regulatory agency. Section 2: FindinQs: 1. The proposed location, size, design, and operating characteristics of the proposed use are in accord with the title and purpose of this Title, the purpose of the zone in which the site is located, the City general plan, and the development policies and standards of the City in that it is a permissible accessory use in the zone in which the property is located and that zoni ng is consi stent with the general plan. 2. If the conditions imposed by this Minor Conditional Use Permit are compl ied with, 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 because the conditions include adequate measures to control odor, protect the public health and mitigate noise impacts. 3. The proposed use maintains harmony in scale, bulk, coverage, and density consistent with adjacent uses, because the main structures on the property will remain residential in nature and the bird enclosures will be small in scale in proportion to these buildings. 4. There are available public facilities, services, and utilities serving the subject property. 5. There will not be a harmful effect upon desirable neighborhood characteri st i cs because sound attenuation wi 11 be provided and effective sanitation requirements will be imposed on the conduct of the operation. EXHIBIT B L28 Reso 1 ut i on No. P- 93-60 Page 2 6. The generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element, in that commercial customers and/or student groups are prohibited from visiting the property. 7. The site is suitable for the type and intensity of use proposed because adherence to the conditions of approval will reduce impacts on surrounding properties to an acceptable level. 8. There will not be significant harmful effects upon environmental quality and natural resources, in that the site is otherwise completely disturbed, has been used for residential purposes in excess of 30 years and contains no natural plant or animal habitat. g. There are no other relevant negative impacts of the proposed use that cannot be mitigated. 10. The impacts, as described in subsections one through nine of this section, and the proposed location, size, design and operating characteristics of the proposed 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. 11. The proposed conditional use will comply with each of the applicable provisions of Title 17 of the Poway Municipal Code. 12. That the noise generated by the this use, when operated according to the conditions included in this approval, will not cause annoyance or discomfort to persons of normal sensitivity in the vicinity. Section 3: Citv Council Decision: The City Council hereby grants approval of Minor Conditional Use Permit 93-04 contingent on the completion of the installation of additional sound attenuation devices to be determined in meetings between the applicant and adjacent property owners. The following standard conditions shall also be met: 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 residences. 1 ;9 Resolution No. P-93-60 Page 3 3. In six-months the Minor Conditional Use Permit shall be brought before the City Council for review of the effectiveness of the additional sound attenuation measures and of compliance with the conditions of this permit. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPMENT I. All medium and large size birds shall be housed in appropriate enclosures located within proper setbacks. Each enclosure with noisy birds shall have sound attenuation devices installed between the enclosure and the nearest property line to make certain that noise abatement regulations sound levels are met. The devices shall be properly constructed, under building permit requirements, and shall be aesthetically pleasing when viewed from adjoining properties. 2. No more than 100 birds shall be maintained on the property at any time. Macaws currently kept on site shall be relocated within 60 days of this approval and thereafter no macaws shall be kept on the premises. 3. No business cl ients or groups of students shall be permitted on the premises. 4. If an isolation building is needed for convalescent care, an agreement must be reached with the adjoining neighbor(s} most directly impacted, prior to construction or conversion of such a structure. 5. All foods shall be stored in clean sealed containers. All food preparation equipment shall be maintained in a clean and sanitary manner. 6. All animal wastes, including food, discarded bedding materials, and fecal material shall be removed and disposed of properly on a daily basis. 7. 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 permit approval, including but not limited to, the Uniform BUilding Code and Uniform Fire Code. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 30th day of November, 1993. ~~ l.---.;;-"'o-...-- '. Don Higginson, ~ .. thereby certify, under'ihe penaliy ~I periut'Y, that 'the "above and foregoing I is a 'true and correb copy of Resolution No f - 93-t~, es adopted by the City Council 61 !!Poway, 'California on the 3f'),i,.k< ':day 1,1 Jl~, 19~. "M;o,OORIE K. W At!tlSTEN. CITY CLERK ~t;::t}:~ i: "('!~f/[;f1? ATTEST: _I'"~ I.." tl I. -"" ~ '\. . ,I L.\kc,-, ,-'-Ie, ,-, Marjorie K. Wahlsten, City Clerk _._-_._~ _.-~..-