Covenant Regarding Real Property 2015-0383105I RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 314- 040 -09
DOC# 2015 - 0383105
111111 VIII illll 11111 1111 111111 11111 11111 11111 11111 11111 11111 1111 1111
Jul 21, 2015 03:05 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $42.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
PAGES: 10
Poway Unified School District, ( "OWNER" hereinafter), is the owner of real property commonly
known as 12450 Glenoak Road ( "PROPERTY hereinafter), and more fully described in the legal
description attached hereto as Exhibit A and made a part hereof.
In consideration of the approval of Conditional Use Permit (CUP) 14 -002 by the City of Poway
( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in 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, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that CUP 14 -002 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by CUP 14 -002, upon the request of the OWNER the City shall expunge
this Covenant from the record title of the PROPERTY and CUP 14 -002 shall be of no further force or
effect.
If either party incurs costs as a result of filing a civil action 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.
Dated:
Dated: 22lS
OWNER: Poway Unified School District
/ ! ANA �� C
Malllga o an (Notarize)
CITI
M
Iervices
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego )
On May 20, 2015 before me, Lori A. Hath, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Mallicia Tholandi
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the pers ngo whose nameg is/*
subs Ibed to the within instrument and acknowlecigo to me that I* /y executed the same in
ter authorized capacity*), and that by **/ j;htNr signature*'on the instrument the personal,
or the entity upon behalf of which the person(s) acted, executed the instrument.
LORI ANN HATH
Commfeefon f C.li 2106106
i y Notary Pablio - tornii i
Z Son Diego County '
My Comm. Ex 0 res May 6, 2019
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my an an offic
Signature �2
Signatu of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document Property
Title or Type of Document: Covenant Regarding Real — Document Date: May 20, 2015
Number of Pages: 1 Signer(s) Other Than Named Above: no other signers
Capacity(ies) Claimed by Signer(s)
Signer's Name: Malliga Tholandi
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Owner: Poway Unified School District
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State
of California, described as follows:
All that portion of Northwest Quarter of Section 11, Township 14 South,
Range 2 West, San Bernardino Meridian, in the City of Poway, County of
San Diego, State of California, according to United States Government
Survey approved September 11, 1879, described as follows:
Commencing at the Northwest corner of Poway Valley No. 4, according
to Map thereof No. 4204, filed in the Office of the County Recorder of
San Diego County, June 3, 1959, said point of commencement being in
the centerline of Pomerado Road (formerly Escondido Avenue) as shown
on said Map No. 4204;
Thence along the Northerly boundary of said Poway Valley Unit No. 4,
South 890 40' 47" East 20.00 feet to an intersection with a line drawn
parallel with and distant 20.00 feet Easterly, measured at right angles
from said centerline of Pomerado Road, being the True Point of
Beginning;
Thence continuing along said Northerly boundary, South 89° 40'47"
East 695.00 feet to the beginning of a tangent 25.00 foot radius curve,
concave Northwesterly;
Thence Easterly and Northerly along the arc of said curve through a
central angle of 900 00' 00" a distance of 39.27 feet;
Thence tangent to said curve, North 00 19' 13" East 580.00 feet;
Thence North 890 40' 47 West 720.00 feet to the aforementioned line
drawn parallel with and 20.00 feet Easterly from the centerline of
Pomerado Road;
Thence along said parallel line, South 00 19' 13" West a distance of
605.00 feet to the True Point of Beginning.
Excepting therefrom that portion conveyed to the County of San Diego
for road purposes by deed recorded August 14, 1980 as File /Page No.
80- 258278 of Official Records.
Assessor's Parcel Number: 314 - 040 -09
RESOLUTION NO. P -15 -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 14 -002
ASSESSOR PARCEL NUMBER 314 - 040 -09
WHEREAS, the City Council considered Conditional Use Permit (CUP) 14 -002;
a proposal to install a Verizon telecommunications antenna facility with 12 panel
antennas, 12 Radio Remote Units (RRU) and a microwave antenna at Abraxas High
School, 12450 Glenoak Road, within the Public Facility (PF) zone; and
WHEREAS, on April 21, 2015, the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant
to Section 15303 of the 2014 CEQA Guidelines, in that the project
involves the installation of a telecommunications facility consisting of an
antenna structure and related equipment that will provide a utility
extension to serve the surrounding areas.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 14 -002 to install a telecommunications
antenna facility with 12 panel antennas, 12 Radio Remote Units (RRU)
and a microwave antenna at 12450 Glenoak Road are made as follows:
A. The proposed location, size, design, and operating characteristics of the
proposed telecommunications facility are in accord with the title and purpose of
Chapter 17.48 PMC (Conditional Use Permit Regulations), the General Plan, and
the development policies and standards of the City in that the facility has been
designed, sited and screened such that it will not result in visual impacts to the
surrounding community.
B. The location, size, design, and operating characteristics of the proposed
telecommunications facility 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 facility has been designed as a faux tree and sited
towards the back of the property in the vicinity of existing large trees such that it
will not result in visual impacts to the surrounding community. The use will
comply with Federal Communications Commission (FCC) design and operational
standards. The facility is unmanned and will not create traffic impacts.
Resolution No. P -15 -12
Page 2
C. The proposed telecommunications facility is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the
proposed facility will be located in an unused portion of a large school campus
and the antenna structure consists of a faux eucalyptus tree that will blend in with
the surrounding vegetation.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed telecommunications facility.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed telecommunications facility is located on a
large school campus site and the facility will comply with FCC design and
operational standards.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and /or the Circulation Element of the
General Plan in that the proposed telecommunications facility is unmanned and
will only require periodic maintenance, thereby generating minimal traffic.
G. The site is suitable for the type and intensity of use or development that is
proposed in that the facility will be located in an area of the school property that
is not in active use and the facility will enhance telecommunications coverage in
the City.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed telecommunications facility is located on a
previously disturbed area of the school property and does not involve the
removal of natural habitat resources.
I. There are no relevant negative impacts associated with the proposed
telecommunications facility that cannot be mitigated in that the facility will comply
with FCC design and operational standards.
J. That the potential impacts, and the proposed location, size, design, and
operating characteristics of the telecommunications facility will not be materially
injurious to properties or improvements in the vicinity, nor be contrary to the
adopted General Plan in that the facility has been designed as a faux tree and
sited towards the back of a school property in the vicinity of existing large trees,
and will comply with FCC design and operational standards.
K. The proposed telecommunications facility will comply with all the applicable
provisions of Chapter 17.48 of the PMC, in that the facility has been designed
and sited such that it will not result in visual impacts, and will comply with FCC
design and operational standards.
Resolution No. P -15 -12
Page 3
Section 3: The City Council hereby approves CUP 14 -002 to install a
telecommunications antenna facility with 12 panel antennas, 12 Radio
Remote Units (RRU) and a microwave antenna at 12450 Glenoak Road
as shown on the approved plans on file with the City, subject to the
following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. Approval of this CUP request shall apply only to the subject project and shall not
waive compliance with all sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance.
C. Within 30 days of the date of this approval, and before the issuance of any
permit: (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 Regarding Real Property. In order for the City to prepare the
Covenant the applicant must first submit a legal description of the subject site.
D. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses.
E. The conditions of CUP 14 -002 shall remain in effect for the life of the subject
wireless telecommunications facility, and shall run with the land and be binding
upon future owners, successors, heirs, and transferees of the current property
owner.
F. CUP 14 -002 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year.
Resolution No. P -15 -12
Page 4
G. The applicant shall obtain a Building Permit prior to installation of the facility.
Prior to issuance of a Building Permit, the applicant shall comply with the
following:
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
2. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City departments will be
required.
3. A $3,000 deposit shall be submitted to the Development Services
Department to ensure completion and submittal of the required Confirming
Radio Frequency (RF) Report, as specified in condition of approval H.1
below. The deposit shall also be used to cover the cost of an independent
consultant to review the report, as determined by the Director of
Development Services.
4. The antennas shall not be activated for use until the Building Division
conducts a final inspection of the structure.
5. The Building Permit plans shall include a utility plan that shows the
equipment layout.
6. The leaves of the faux tree and the antennas shall be a color and texture
that blends with the surrounding vegetation. A color sample shall be
provided to the Planning Division for review and approval. The approved
color shall be depicted on the building plans.
H. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 14 -002, the following shall apply:
1. Within 30 days of the commencement of operation of the antennas, the
operator shall submit a report, prepared by a qualified professional, which
specifies the actual RF levels within 500 feet of the facility and includes a
statement as to compliance with the FCC Maximum Possible Exposure
(MPE) limit. The format of this report shall conform to City requirements.
The intent of the report is to measure exposure levels at the location after
the facility is in operation and shall include the cumulative RF levels of all
the telecommunications facilities at the subject site. A report of these
measurements, and the engineer's findings with respect to compliance
with MPE limits, shall be submitted to the Director of Development
Services.
Resolution No. P -15 -12
Page 5
If that analysis determines the MPE levels are exceeded, the operator
shall cease operation immediately. Modifications shall be made to the
facility and the operator shall conduct a second confirming RF report of
the MPE levels. Full operation of the facility shall not be allowed until the
Director of Development Services has determined that the facility is in
compliance with Federal guidelines. The City may conduct an
independent verification of the results of the analysis provided by the
operator, at the operator's cost.
Upon demonstration, to the satisfaction of the Development Services
Department, that the telecommunications installation is in compliance with
all Federal Guidelines, any balance remaining from the security deposit
shall be refunded to the applicant, upon written request by the applicant.
2. All facilities and related equipment shall be maintained in good repair.
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight.
3. Faded tree leaves or damaged limbs from the faux tree antenna shall be
replaced to ensure the long term natural appearance of the faux tree to
the satisfaction of the Director of Development Services.
4. The owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit.
5. The operator of the facility shall be strictly liable for interference caused by
the facility with City telecommunications systems or other public agency
emergency communication systems. The operator shall stop operations
and determine the cause prior to restarting the facility. The operator shall
be responsible for all labor and equipment costs for determining the
source of the interference, all costs associated with eliminating the
interference (including, but not limited to, filtering, installing cavities,
installing directional antennas, powering down systems, and engineering
analysis), and all costs arising from third -party claims against the City
attributable to the interference.
6. The telecommunications facility shall not be operated in such a manner
that it poses, either by itself or in combination with other such facilities, a
potential threat to public health. To that end, no facility or combination of
facilities shall produce, at any time, power densities within 500 feet of the
facility that exceed the FCC's MPE limits for electric and magnetic field
strength and power densities for transmitters, or any more restrictive
standard subsequently adopted or promulgated by the City, County, State
of California, or the Federal government.
Resolution No. P -15 -12
Page 6
7. If there is any change in the operating characteristics of the facility, a
report pursuant to condition H.1 of this Resolution shall be submitted to
the Director of Development Services for review and approval. The
Director may also require the operator to prepare an updated RF report,
and pay for a third -party review of that report, as part of any review of this
Conditional Use Permit.
8. Any service light(s) shall only be operated when maintenance is being
performed on the equipment. The service light(s) shall be adequately
shielded and directed away from adjacent roadways.
9. The owner of the telecommunications facility shall remove all of the
communication equipment, and associated structures, approved pursuant
to this permit within 60 days of ceasing operation of the
telecommunications facility.
Section 4: The approval of CUP 14 -002 shall expire on April 21, 2017, at 5:00 p.m.
unless, prior to that time, a Building Permit has been issued and
construction on the property in reliance on the CUP approval has
commenced prior to its expiration.
Section 5: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the
California Code of Civil Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 21 st day of April 2015.
Steve Vaus, Mayor
ATTEST:
S eila \R. Cobian, CMC, City Clerk
Resolution No. P -15 -12
Page 7
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -15 -12 was duly adopted by
the City Council at a meeting of said City Council held on the 21st day of April 2015,
and that it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. obian, CIVIC, City Clerk
City of Poway