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In the event that Minor Conditional Use Permit 93-04 expires or is rescinded by CitY Council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
_._-_._~ _.-~..-