Covenant Regarding Real Property 1993-0471588
. RECORDING REQUEST BY:
CITY OF POWAY
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1762
DOC # 1993-047158a
23-JUL-1993 01:09 PM
OFFICIAL RECORDS
SAN DIEGD COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
RF: 9.00 FEES: 23.00
AF: 13.00
MF: 1.00
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
John E. Hodgson and Patricia A, Hodgson, husband and wife as joint tenants ("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 knawn as Assessor's Parcel Number 323,180,06 ("PROPERTY"
hereinafter). In cansideration af the approval of Minor Conditianal Use Permit 93,02 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In the event that Minor Conditional Use Permit 93-02 expires or is rescinded by City Council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 enfarc9 the pravisians 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:
6j;rjy3
(Notarize)
o/lt/9J V:' <
~, r, :t~~ "1'~ Patricia A, Hodgson, OWNE (Notarize)
~ ~ . ;;;;:, j!-c /1 c.-- ~ Comm~on ~jre$ !iovemb~r 12, 199.;
~~:::~,?2FPOW~~d -;kli;
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Dated:
Dated:
EXHIBIT A
1763
PARCEL 1:
The North 200.00 feet of the West 272.00 feet of the North Half of the Northeast
Quarter of the Northeast Quarter of the Northwest Quarter of Section 18, Township
14 South, Range 1 West, San Bernardino Meridian, in the City of Po way, County of
San Diego, State of California according to United States Government survey.
PARCEL 2:
An easement for public utility and road purposes over the North 20,00 feet and the
East 30.00 feet of the North Half of the Northeast Quarter of the Northeast Quarter
of the Northwest Quarter of Section 18, Township 14 South, Range 1 West, San
Bernardino Meridian, according to United States Government Survey,
Excepting therefrom that portion lying within Road Survey No.4 72, (known as Poway
Road) a plat of which is filed in the Office of the County Surveyor of said San Diego
County.
Also excepting therefrom the West 272.00 feet thereof,
Said easement is appurtenant to and for the benefit of all the North Half of the
Northeast Quarter of the Northeast Quarter of the Northwest Quarter, Section 18,
Township 14 South, Range 1 West, San Bernardino Meridian, according to United
States Government Survey.
PARCEL 3:
Easements for water and gas pjpelines and purposes incidental thereto over, under,
along and across, portions of the North Half of the Northeast Quarter of the Northeast
Quarter of the Northwest Quarter of Section 18, Township 14 South, Range 1 West,
San Bernardino Meridian, according to United States Government survey, described
as follows:
A) The South 5.00 feet of said North Half; excepting the East 35.00 feet and the
West 277,00 feet thereof.
B) The West 5.00 feet of the East 35.00 feet of said North Half; excepting the
North 125.00 feet thereof.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of I' . Ci.
coun.tyDf S:tt'1~I[90 }
o,JIlAU.I'il Iqq3 bef~ me, . Le.t.L 5-\bv-
DATE I Nr~E, Tr1-E OF OFFI . E G , "JANE
persDnally appearedJI1 n. e, 11DQ a StJrl
N~E(S) OF SIGNER(S)
O..,Q,;:)u"Cllly ~l,vnl. 18 ff16 QR -)a'prOVed to me on the basis of satisfactory evidence
to be the person-+el whose namef&! is!aFe
subscribed to the within instrument arid ac,
knowledged to me that helstle+tAey executed
the same in his!l,,!,all.6i, authorized
capacity~, and that by his/her.'their
signaturelel on the instrument the personlen-
or the entity upon behalf of which the
perso~acted, executed the instrument
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,': ,:;...' . ..' ~'!. ILi:.:~I;:;f)TO!:;Y r:\
)! i "~ ""'~::"' 0 Notary Pt'~lic~ C&liforr.1:a ~~
.tJ "!-":. . SAN DIEGO COUNTY '\
,.J' My Comm. EXPire~
l,~... ........ .. i1
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.
WITNESS my hand and official seal.
764
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 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 SECTION
TITLE OR TYPE OF DOCUMENT(;J) lJU1(j%J
NUMBER OF PAGES .3 DATE OF DOCUMENT &!'1.ft3.d J
SIGNER(S) OTHER THAN NAMED ABOVE
@1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184 . Canoga Park, CA 91309-7184
1765
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RESOLUTION NO. P-93-2B
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 93-02
ASSESSOR'S PARCEL NUMBER 323-180-06
WHEREAS, Minor Conditional Use Permit 93-02, 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, a zoning violation currently exists on the property concerning the
keeping of wild and/or exotic animals without benefit of a minor conditional use
permit with appropriate mitigation techniques; and
WHEREAS, on May 18, 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 Findinas:
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The City Council finds that the project is categorically exempt under the
provi s ions of CEQA Gui del i nes, Cl ass 21, an enforcement action by a
regulatory agency.
Section 2: Findinas:
1. The proposed project is consistent with the General Plan in that the
keeping and raising of animals is an accessory use in a residential
zone, but because there is potential for abuse of the privilege of
keeping a large number of animals on the property, the approval of
the minor conditional use permit is 1 imited to a period of six
months,
2. The proposed 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 birds will
be contained in adequately designed and placed enclosures so as to
attenuate adverse noise impacts. The enclosures will be installed
and tested for performance in advance of granting of this approval.
3. That the harmony in scale, bulk, coverage, and density is consistent
with adjacent uses, because the main structures on the property will
remain residential in nature. The bird enclosures will be small in
scale in proportion to these buildings.
4. That there are available public facilities, services, and utilities
serving the subject property.
EXHIBIT B
1766
Resolution No. P- 93-28
Page 2
5. That there will not be a harmful effect upon desirable neighborhood
characteri st i cs, even though the number of animals kept on the
subject lot is much greater than on any nearby property, because the
birds will be kept in sound attenuated enclosures, and that
effective sanitation requirements will be imposed on the conduct of
the operation.
6. That 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. It is unclear whether the site is suitable for the type and
intensity of the designated use which is proposed, and although the
1.25 acre parcel appears to contain sufficient room to house 100
exotic animals, plus other animals allowed to be kept by right on
the property in accordance with Chapter 17.32 of the Poway Municipal
Code, the number exceeds that of any nearby property. Adequate size
enclosures, screened by sound attenuating materials are proposed to
provide acceptable separation from adjacent properties to accomplish
adequate noise attenuation.
8. That 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.
9. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
Section 3: Citv Council Decision:
The City Council hereby grants provisional approval of Minor Conditional
Use Permit 93-02 for a period of two weeks, contingent on the completion
of the installation of sound attenuation devices, including, but not
limited to, baffling materials constructed of appropriate materials and of
an adequate size, configuration and with the proper spacing from noise
sources so as to effectively and substantially reduce noise impacts on
surrounding property owners. Upon completion of this task, the sound
buffering apparatus shall be tested for effectiveness, to the satisfaction
of the Director of Planning Services. Should this requirement fail to be
fulfilled within the prescribed time period, the approval of Minor
Conditional Use Permit 93-02 shall be null and void.
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.
1767
Resolution No. P- 93-28
Page 3
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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. 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 1 ine 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 business cl ients or groups of students shall be permitted on the
premises.
3. 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.
4. All foods shall be stDred in clean sealed containers. All food
preparation equipment shall be maintained in a clean and sanitary manner.
5. All animal wastes, including food, discarded bedding materials, and fecal
material shall be removed and disposed of properly on a daily basis.
8. 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.
GENERAL REQUIREMENTS AND APPROVALS
The minor conditional use permit shall lapse and shall become void on
November 18, 1993. Should the applicants wish to reapply for a new
permit, an application will be required to be submitted'by Qct~er 1, 1993
in order to allow sufficient time to process the request and set a public
hearing date prior to the lapse of the original permit.
1768
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Resolution No. P- 93-2B
Page 4
APPROVED and ADOPT EO by the City Council of the City of Poway, State of
California, this 18th day of May, 1993.
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Don Higginson,
ATTEST:
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City Cl erk
I hereby certi/y, under the penalty
af perjury, lhal tha above and
foregoing is a true and correct
copy of Resolution No,f- 'l3-d?S;
as adapted by the City Counca 01
Poway, CaliFornia on the Ir~
day 01 ?iJ~ ,19ll.
MARJORIE K, WAHLSTEN, CITY CLERK
by~ w~fJJ>"l
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STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
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-93-28
, was duly adopted by the City Council at a meeting of said City Council
held on the ~ day of May , 1993, and that it was so adopted
by the following vote:
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AYES: CAFAGNA, SNESKO, HIGGINSON
NOES: CAllERY, EMERY
ABSTAIN: NONE
ABSENT: NONE
kk7\)~-h.-
Marjor e . Wahlsten, City Clerk
City 0 P way