Covenant Regarding Real Property 2000-0680031::tU EST BY:
TO:
ITYCLERK
No Transfer Tax Due
2250
DOC 2000-08B0031
tCIAL ~E ~
SA~ DIEG [~UfJTY RE~I)EI~'S DFFICE
GEGO , IITH, C J TY
COVENANT REGARDING REAL PROPERTY
J. Patrick Fleming Or. and Jill Fleming ~J~vie, PROPI::RTY OWNFR$ ("OWNS:R"
hereinafter), am th i mai property described in I::xhibit ^ which is attached hereto
and made a part hereof and which' y known as Assessor's Parcel Number 321-
191-23 ("PROPERTY" hereinafter). In consideration ofthe approval of Conditional Use
Permit 00-20, by the City of Poway ("CITY" 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, heirs, personal rep
:1 assigns of the respective parties.
In the event that Conditional Use Permit 00-20 expires or is rescinded by City
Council at the request of OWNER, CITY shall expunge this Covenant from the record title
of PROPERTY.
In the event of litigation I the p ' ' ~this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
OWNER:
Dated:
Dated:
Dated: 11-14-00
CITY OF POWAY
Niall Fdtz, D~ector 0f.~elopment Services
" 2251
CALIFORNIA ALL-PURI OSE ACKNOWLEDGMENT
Countyof % ~ }ss.
On b i ~ ~ beforeme ~?
personally appeared j ~( //~
~5'~ved to me on the basis of satisfactory
evidence
to be the person~ whose name(~is/~J"
subscribed to the within instrument and
e/they executed
the same in his/l~l'/t.~ authorized
capacity¢.~, and that by
signature(~) ~), or
behalf of which the person(s.~v
acted,
OPTIONAL
Title or
Signer(s) Other
~ocument ~..
[] Individual
[] Title(s):
[] Partner -- [~ Limited [] General
[] Trustee
[]
[] Other:
EXHIBIT "A"
PARCEL A:
THOSE PORTIONS OF PARCELS 1 AND 2 OF PARCEL MAP NO. 5067, IN T~E COUN~I~ OF SAN
DIEGO, STATE OF FILED IN THE OFFICE OF THE COU~VfY RECORDER OF SAN
DIEGO COUNT~, 2, 1976 AS FILE NO. OF OFFICIAL RECORDS, BEING
AS FOLLOWS:
AT THE COR/~ER OF PARCEL i MAP 5067 RECORDED 2,
1976, IN SAN DIEGO CO~ AS ABOVE; THENCE NORTH WEST 503.02
FEET BEING THE CORNER OF PARCEL 2 OF P/LRCEL MAP NO. 5067 BEING
TRUE POINT OF THENCE NORTH WEST 110 FEET; THENCE NORTH
WEST 408.00 FEET; THENCE NORTH 00°16'47" WEST 318.15 FEET TO THE
BOUNDARY OF SAID PARKER LAND; THENCE NORTH 88°21'02'' WEST 442.21 FEET
TO THE COP/4'ER OF SAID PARKER LAND; THENCE SOUTH EAST 654.49
FEET TO THE COP~NER OF SAID PARKER LAND; THENCE SOUTH EAST
823.00 FEET TO THE TRUE POINT OF
PARCEL B:
AN EASEMENT FOR ROAD PURPOSES OVER THAT PORTION OF PARCEL 3 OF PARCEL MA~ NO.
5067 IN THE COI/NTY OF SAN DIEGO, STATE OF FILED IN THE OFFICE OF THE
COUNTY RECOP, DER OF SAN DIEGO COU/TI~f, 2, 1976 AS FILE NO. OF
OFFICIAL RECORDS, AArD AS 30 FOOT PRIVATE ROAD
PARCEL C:
A 5.00 FOOT WIDE STRIP EASEMENT FOR WATER LINE A/gD AND
RIGHT OF WAY pURPOSES OVER, UArDER, ALONG AND ACROSS THAT PORTION OF THE
QUARTER OF THE QUARTER OF SECTION 7, TOWNSHIP 14 SOUTH,
RANGE 1 WEST, SAN IN THE COUNTY OF S/%N DIEGO, STATE OF
TO OFFICIAL PLAT THEREOF. THE LINE OF WHICH IS
MORE AS FOLLOWS:
AT THE WEST QUARTER CORNER OF SAID SECTION 7; THENCE ALONG
THE WESTERLY LINE THEREOF NORTH 0°15'02'' WEST 646.18 FEET TO THE LINE
OF PARCEL 3 OF PARCEL MAP NO. 5067 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, 2, 1976 AS FILE NO. OF OFFICIAL RECORDS
AND THE TRUE POINT OF THENCE EASTERLY ALONG THE LINE
THEREOF SOUTH EAST 1068.88 FEET TO THE WESTERLY LINE OF PARCEL 1 OF
PARCEL MAP NO. 10356, RECORDED AUGUST 21, 1980 AS FILE NO. OF OFFICIAL
RECORDS, THE OF SAID 5.00 FOOT STRIP ARE TO BE OR
SO AS TO BEGIN IN THE WEST AT THE WESTERLY LINE OF SAID SECTION 7 AND
IN THE EAST AT THE WESTERLY LINE OF SAID PARCEL 1 OF SAID PARCEL MAP NO. 10386.
RESOLUTION NO. P- 00-89
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PQWAY, CALIFORNIA
APPROVING CUP 00-20
ASSESSOR'S PARCEL NUMBER 321-191-23
WHEREAS, CUP 00-20 submitted by Nextel C applicant, requests
a Conditional Use Permit to add ~on facility consisting of four panel
mounted on a 150 square foot equipment building. The site is a developed
residential lot in the Rural Residential A zone at 14264 Tierra Bonita Road; and
WHEREAS, on November 14, 2000, 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
follows:
Section 1: The City Council finds that Conditional Use Permit 00-20 is Categorically
Exemp[ from the p ' ' :the C .... Quality Act, pursuant to Section
15303(d) of CEQA, Class 3, as it is the location of a small new facility providing a utility
extension to serve th :ling area.
Section 2: The findings in accordance with Section 17.48.070 of the Poway Municipal
Code for CUP 00-20 to add a wireless facility, consisting of four panel
Ied on a 150 square foot equipment building on a developed residential lot
at 14264 Tierra Bonita Road in the RR-A zone, are made as follows:
The location of the iion facility will not create any significant visual
impacts. The equipment building will I: :l .by the landscaped trellis, and the
existing topography and landscaping. Th . public facility, which is allowed
in the RR-A zone with the approval of a CUP. Therefore, the proposed location
size, design and operating ch =the proposed ~ with the
title and purpose of this title, the purpose of th lich the site is located, the
City general plan and the development I: ' ' :l standards of the City.
The facility has been designed to blend in with the existing improvements and
landscaping and will be screened by additional landscaping. The facility is
:1. Therefore, 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, or natural
" 2251
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
On ~ i ~' (~)(--) before me ~.,3t4
personally appeared J I( [/~ )t,~'
~'F~ved to me on the basis of
evidence
to be the person~ whose name(~is/a~
subscribed to the within instrument and
eftbey executed
the same in his/be'r/thel~ authorized
capacity(J~, and that by
signature,~) :~), or
the entity upon behalf of which the person(.s~
acted,
OPTIONAL
Title or
Signer(s) Other
[] Individual
[] Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[]
[] Other:
'CALIFORNIA ALL-PURP~ ~E ACKNOWLEDGMENT
County of J~ ~,~
personally appoare~
'J ~~ _,,o,~,,~ ,~ ·
/~ proved to me on the basis of satisfacto~ evidence
executed the same in
acted,
OPTIONAL
J capacity(~)~
Description of Attached Document ^ ,
Title or
Signer(s) Other
capacity(les) Claimed by Signer(s)
~ividual
~tle(s):
~ Pa~ner ~ ~ Limited ~ General
~ Trustee
[] Individual
[]
Title(s):
[] Partner -- [] Limited [] General
[] Trustee
E~ Other:
Prod. No. 5~07
Resolution No. P- 00-89
Page 2
Since there will be very little visibility of the facility due to th ..3 landscaping
and the location of the the equipment facility, the harmony in scale,
bulk, coverage and density' I with adjacent uses.
D. There are public facilities,
3le.
Since there will be very little visibility of the facility, there will not be a harmful effect
upon desirable neighborhood ch ' '
The project will not measurably increase traffic. Therefore, the generation of traffic
will not adversely impact the capacity and physical character of surrounding streets
and/or the circulal' i of the general plan,
Vehicle access is already provided to the site, which presently contains a single-
family home. The only I be 150 square feet' d 10 ~ feet high.
Therefore, th for the type and intensity of use or development w;
is proposed.
The proiect is very limited in scope, therefore, there will not be significant harmfuJ
effects upon quality and natural
There are no otb
mitigated.
: negative impacts of the proposed use that cannot be
That the impacts, as described above, and the proposed location, size, design and
operating ch 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, ly injurious to properties or iml: in the vicinity nor
be contrary to the adopted general plan; and
That the proposed conditional use will comply with each of the applicable provisions
of the Poway Municipal Code.
Section 3: The City Council hereby approves CUP 00-20 to allow a wireless
Iion facility consisting of four panel antennas mounted on a 150 square foot
equipment building on a developed residential lot at 14264 Tierra Bonita Road in the RR-A
zone, subject to the following conditions.
Approval of this CUP request 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.
2256
Resolution No. P-00-89
Page 3
Within 30 days of the date of this approval: (1) the applicant shall submit in wdting
that all conditions of approval have been read and understood; and (2) the property
owner shall execute a Covenant on Real Property.
The use conditionally granted by this approval shall not be conducted in such a
to :h th 31e use and enjoyment of th :ling
residential and uses.
The applicant shall obtain a Building Permit prior to installation of the facility. Prior
f a Building Permit the applicant shall comply with the following:
The building plans shall depict the addition of suitable landscaping and
irrigation on the proposed trellis, to the satisfaction of the Director of
Development Services.
The building plans shall depict the trellis with a rounded ~ape,
and the entire facility painted a dark green, to the satisfaction of the Director
of Development Services.
The operator shall submit specifying the FCC's Maximum
Possible Exposure (MPE) levels in inhabited areas within 500 feet of the
facility in the areas that the levels produced ara projected to be highest. If
th :l I 1 80% of the MPE limits, the applicant shall hire
a qualified electrical engineer licensed by the State of California 1
exposure levels at the location after the facility is in operation. A report of
:1 the engineer's findings with respect to compliance
with MPE limits shall be submitted to the Director of Development Services.
The facility shall not normal operations until it complies with or
has been modified to comply with this standard. Proof of compliance shall
be a certification provided by the engineer who prepared the odginal report.
in order to assure the objectivity of the analysis, the City may require, at the
applicant's expense, independent "the results of the analysis.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, National Electric Code, Uniform Fire Code, and
all other applicable codes and ordinances in effect at the time of building
permit'
Resolution No. P- 00-89
Page 4
Prior to obtaining a final inspection on the building permits, the applicant shall
comply with the following:
The project shall be :l, and completed in accordance with the
approved site plans on file in the Development S 3artment and the
condil' :l herein.
2. The required landscaping and irrigation system shall be installed per plan.
Upon establishment of tl~
the following shall apply:
facility, pursuant to CUP 00-20,
The required landscaping shall 13 I in a flourishing manner to the
satisfaction of the Director of Development Services.
All facilities and related equipm~m, shall be maintained in good repair. Any
damage from any cause shall be repaired reasonably possible
so as I i dang :lit' blight.
The facility shall be operated in such a manner to minimize any possible
disruption caused by noise. Backup g shall only be operated
during periods of power outages and shall not be tested on weekends or
holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on weekday
nights. At no time shall equipment noise from any :l the noise
standard :1 in the Poway Municipal Code.
Th
site
3erator of the facility shall routinely and regularly inspect the
;ompliance with the standards set forth in this permit.
The operator of the facility shall be strictly liable for inl ~ by
their facilities with City systems or other public agency
emergency iion systems. The operator shall be responsible for
all labor and equipment costs for determining th ~ th
all :1 with eliminating th (including but not limited
to filtering, installing ling directional powering down
systems, and engineering analyses), and all costs adsing from third party
claims against the City attributable to th
The wireless t 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 in any
Resolution No. P- 00-89
Page 5
2258
inhabited area that exceeds the FCC's Maximum Permissible Exposure
(MPE) limits for :1 magnetic field strength and power density for
transmitters or any .morestandard subsequently adopted or
promulgated by the City, County, State of California, or the Federal
If there is any change in the manner in which the facility is
operated or change in the MPE, a report pursuant to Condition D.3. of this
resolution shall be submitted to the Director of Development Services for
~ approval.
This Conditional Use Permit may be subject to annual review as determined
by the Director of Development Services for compliance with the conditions
of approval and to add that may h ~ dudng the pdor
year.
: The owner of the wireless
equipment, and
within 60 days of ceasing operation of th
facility shall remove all of the
:1 structures, approved pursuant to this permit
facility.
Section 5: The approval of CUP 00-20 shall expire on November 14, 2002 at 5:00 p.m.
unless pdor to that time a Building Permit has been issued and construction on the
property in the CUP approval h I prior to its expiration.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 14th day of November 2000.
A']I'EST:
Loft Anne P(.oples, ' (~i~rk
yor
, 2259
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO
Resolution No. P-00-89
Page 6
I, Lod Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of pedury that the foregoing Resolution No. P- 00-89 was duly adopted by the
City Council at a meeting of said City Council held on the 14th day of November 2000, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
"Lon ;~nne Peoples, City Clerk
City of Poway