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Covenant Regarding Real Property 1993-0471588 . RECORDING REQUEST BY: CITY OF POWAY ) , ) ) ) I' " ) ) ) ) ) 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 , ' I; \ ' \' 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transferees and assigns of the respective parties, In the event that Minor Conditional Use Permit 93-02 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY, If either party is required to incur costs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; r ~ vf!/- ~~ 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 ~~-Q~' . ,,~.. :..' 'O:FI~I:L :o:~;::1...... ,': ,:;...' . ..' ~'!. 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 i 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: ; '.. 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 l 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. , ~u~~'\ Don Higginson, ATTEST: --t:.- 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 I 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: r AYES: CAFAGNA, SNESKO, HIGGINSON NOES: CAllERY, EMERY ABSTAIN: NONE ABSENT: NONE kk7\)~-h.- Marjor e . Wahlsten, City Clerk City 0 P way