Covenant Regarding Real Property 1996-0263131
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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372
D~~ ~ 1996-0263131
24-MAY-1996 08=44 AM
UFFICIAL RECORDS
SAM DIEGO CDUHTV RECORDER'S OFFICE
GREGORY SMITH. COUHTY RECORDER
RF: 12.00 FEES: 28.00
AF: 15.00
MF: 1.00
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tex Due
(ThIs space for Record....s Use)
COVENANT REGARDING REAL PROPERlY
Frank Schaefer Constructlon. Inc. A Callfomla Corporation iOWNER" hereinafter) Is the owner of
real property described In Exhibit A which Is attached hereto and made a part hereof and which Is
convnonIy I<ncmn as ,6ssesSO"'s Parcel Number 321.190-05 iPROPERTY" hereinafter). In consideration of
the approval of Annual Review of Conditional Use Permit 94-14 by the City of Poway iClTY" hereinafter),
OWNER hereby agrees 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 representatlves, transferees and assigns of the
respectlve parties.
In the event that Amual revlew of Conditional Use Permit 94-14 expires or Is rescinded by CIty
CouncU at the request of the OWNER, CITY shall expunge this Covenant from the record tide of the
PROPERTY.
In the event of litigation to enforce the provlslons of this Covenant, the prevaUlng party shall be
entitled to full reimbursement of all costs, Including reasonable attorneys' fees, from the other party.
Dated:
5 - 11- Cflo
F~~__Pk<,
OWNER (Notarize)
Dated:
"/ ~!I.-?h
CITY OF POWAY
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By:
-
373
LEGAL DESCRIPTION
.
That portion of the Northeast Quarter of the Northwest Quarter of
Section 7, Township 14 South, Range 1 West, San Bernardino Meridian, in
the County of San Diego, State of California, according to United States
Government Survey approved February 24, 1876, described as follows:
BEGINNING at a point in the Westerly line of the Northeast Quarter of
the Northwest Quarter of said Section 7, distant thereon South 00028'00"
East, 794.30 feet from the Northwest corner thereof; thence South
88028100" East, 658.12 feet; thence South 00031'00" East, 511.59 feet to
a point in the Southerly line of the Northeast Quarter of said Northwest
Quarter; thence along said Southerly line North 88024'00" West, 658.62
feet to the Southwesterly corner thereof; thence along the Westerly line
of the Northeast Quarter of said Northwest Quarter, North 00028'00"
West, 510.68 feet to the Point of Beginning.
EXCEPTING THEREFR6M the Southerly 15.00 feet thereof and excepting
therefrom the Southerly 208.71 feet of the Easterly 208.71 feet thereof.
EXHIBIT A
CALIFORNIA ALL.PURPOSI?: ACKNOWLEDGMENT
374
State of ~1rw\/L...'
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MOd /7flCiv
Da~ If}
personally appeared S'~
County of
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On
Name(s} of Signer{s)
~erSOnallY known to me - OR - D proved to me on the basis of satisfactory evidence to be the p n(s)
whose name(s) is/are subscribed to the with' strument
and acknowledged to me that he/she/ executed the
same in his/her/their authorized c city(ies), and that by
his/her/their signature(s) on t Instrument the person(s),
or the entity upon beh of which the person(s) acted,
executed the inst ent
1~" CLARE A. GRIFFITH 1
~ .-" # ~ COMM.#1026194
~ . NOT AR'< PlIBUC-CAUFORNlA., a
. ':: SAN OIEGO COUNTY r;
. MY COMMISSION EXPIRES J
I. '... MAY 13, 199B
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: f!AJ~tt.u>t .1 ~I'A/),f
Document Date: ~/7-f).
)~u/ 4~/
Number of Pages: /
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
D Individual
YCorporate Of1icer < / ~ --L.,
Title(s): 'ff'-~,,,,-~
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited
D Attorney-in-Fact
D Trustee
D Guardian or Con
D Other:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
Signer's Name:
Top of thumb here
Signer Is Representing:
lO 1994 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7164
Prod. No. 5907
Reorder: Call Toll-Free '-800-876-6827
375
RESOLUTION NO. P- 96-D31
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 94-14
ASSESSOR'S PARCEL NUMBER 321-190-05
WHEREAS, Conditional Use Permit 94-14 submitted by Harry Rogers, operator,
Frank Schaefer, owner, request the continued use of the subject property for the
purpose of a commercial boarding stable known as Poway Valley Stock Farm, located
at 14433 Tierra Bonita Road, in the RR-C zone; and
WHEREAS, the City of Poway and County of San Diego Public Health staff have
visited the site and found certain elements of the operation of the facility to
be out of compliance with the previously approved conditional use permit; and
WHEREAS, the operator of the facility known as Poway Valley Stock Farm has
completed upgrades and corrected some of the violations of the permit
requirements in response to staff direction; and
WHEREAS, there are some remaining improvements and conditions of the
conditional use permit which have yet to be completed; and
WHEREAS, on May 14, 1996, 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 previously issued Negative Declaration for
Conditional Use Permit 94-14 adequately assessed the anticipated negative
environmental impacts through required mitigation measures to reduce the
impacts to a level of insignificance.
Section 2: Findinas:
1. The approved project is consistent with the general plan in that it is a
semi public use which can be approved with a conditional use permit in the
Rural Residential C zone based on compliance with the ordinance in effect
at the time of the original approval.
2. That the location, size, design and operating characteristics of the
approved use will be compatible with adjacent uses; in that disposal of
manure will be monitored on a bimonthly basis, dust will be controlled by
automatic sprinklers and trees planted on the east property line and such
other mitigation measures as may be deemed necessary.
3. That the harmony in scale, bulk, coverage and density is consistent with
adjacent uses so long as all conditions are fully met, in that a limit of
lIS horses has been placed on the facility. There are presently 76 horses
on the property.
EXHIBIT B
376
Resolution No. P-96-031
Page 2
4. That there are available public facilities, services and utilities to
serve this project. Sewer service is not presently available, but a sewer
connection will be pursued within the next year.
5. That there will be no further harmful effect upon desirable neighborhood
characterist i cs in that trees have been planted along the easterly
property line, and sprinklers will be installed within all riding arenas
within 30 days from the date of this approval.
6. That the generation of traffic will not adversely impact the surrounding
street and/or the City's Transportation Element; in that a Traffic
Mitigation Fee will be paid per number of horses kept on the property and
the parki ng areas wi 11 be covered with Cl ass II road base to prevent
siltation on Tierra Bonita Road.
7. That the site is suitable for the type and intensity of use or development
which is approved; in that the immediate neighborhood contains a major
riding club facility which has created a demand for boarding of horses and
ponies nearby. Many of the surrounding properties also contain horses on
large lots within a rural residential setting.
8. That there will not be significant harmful effects upon environmental
qual ity and natural resources in that; the corral s which were located
within the 10D year floodway have been removed, the wash rack which is
located in the floodway has been disconnected, and the manure will be
removed every two weeks and will not be stockpil ed in the flood prone
areas of the property.
9. That there are not other relevant negative impacts of the approved use
that cannot be mitigated because the condi t ions of approval incl ude
mitigation measures, annotated by an asterisk *, which address all
potential impacts.
Section 3: Citv Council Decision:
The City Council hereby approves the extension of Conditional Use Permit
94-14 for a period of one year from the date of this approval, subject to
the following conditions:
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 deed Covenant on Real Property.
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 uses.
The number of horses kept on the property shall not exceed 87 until all
conditions of approval have been completed, except the perimeter fencing
requirement and the requirement to provide a permanent restroom which is
accessible to disabled persons.
377
Resolution No. P- 96-D31
Page 3
At the end of ten months the applicant may reapply and may request that
the City Council waive the application fees provided that all other
pertinent application materials are supplied at the time of application.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. The site shall be developed in accordance with the approved site plans on
file in the Planning Services Department and the conditions contained
herein.
2. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other appl icable City Ordinances, and
pertinent County Health Department Codes.
3. 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. The applicant shall obtain proper building permits for
existing structures which have been built without them.
4. Outdoor lighting for the exercise arenas shall be fitted with shielding so
as to contain the light spread within the property's boundaries.
5.* Manure shall be removed twice per month and shall not be stored within the
northerly one-half of the property.
6.* Public disabled-accessible restrooms must continue to be provided at all
times. If it is possible to connect to an on-site septic system, a
permanent restroom shall be constructed by February 28, 1997. If it is
necessary to hook to the city sewer, a permanent restroom shall be
constructed by February 28, 1998.
7. Hours of operation are limited to no earlier than sunrise nor later than
9:00 p.m. Special events that would extend the evening activities beyond
9:00 p.m. require approval through a Temporary Use Permit by the Planning
Services Department.
8.* An effective fly control system shall be maintained around the animal
pens.
9.* The operation shall be maintained in a clean and sanitary condition.
Animal pens and animals shall be cleaned on a daily basis.
10.* Dust control measures shall be installed and maintained at all times,
especially within each of the riding arenas. This work shall be
accomplished within 30 days of the date of this approval to the
satisfaction of the Director of Planning Services.
(--
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378
Resolution No. P-96-D31
Page 4
11.* The parking lots and delivery areas shall be surfaced with six (6) inches
of compacted Cl ass II road base wi thin 30 days from the date of thi s
approval.
12. The small masonry building located directly north of the tack room shall
be demolished, boarded up or otherwise permanently secured such than no
one may enter the building due to its unsafe condition.
13. The entire perimeter of the property shall be fenced to prevent horses
leaving the property by November 15, 1996.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
The appl icant shall pay a Traffic Mitigation Fee to the Engineering
Services Department within 30 days of approval of this use permit. The
fee shall be paid at a rate of $IO.OD multiplied by the maximum number of
horses proposed to be kept at the facility.
DRAINAGE AND FLOOD CONTROL
The approved project falls within areas indicated as subject to flooding
under the National Flood Insurance Program and is subject to the
provisions of that program and City Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Place 2A:IOBC extinguishers in exterior buildings, i.e. barns, tack sheds,
feed storage areas, etc.
/--
379
Resolution No. P-96-D31
Page 5
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 14th day of May, 1996.
r~~
Don Higginson,
ATTEST:
-k: ;N~ t.--
Wahlsten, City' Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I hereby cerlily, under the penalty
of perjury, that the above and
foregoing is a true and corred
copy of Resolution No}"-- 9/. -C:'$I,
as adopted by the City Council of
Poway, California on the /1/.11.
day of /)n ~ ' 19 z:.L.
MARJORIE K WAHLSTEN, CITY CLERK
by: '--n~j k /Uzj...~~
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
cert i fy, under the penalty of perjury, that the foregoi ng Resol ut i on, No.
P-96-031, was duly adopted by the City Council at a meeting of said City Council
held on the 14th day of May , 1996, and that it was so adopted
by the followrng-vote:
AYES:
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NONE
NONE
NONE
NOES:
ABSTAIN:
ABSENT:
E:\CITT\PLANNING\REPORT\CUP9414.2RS