Covenant Regarding Real Property 2000-0680030CITY CLERK
TO:
2240
DOP- 2000-06B0030
DEC 14, 2000
~qN DIEGO COI~T¥ REC~DER'S OFFICE
GI~GORY J. ~ITH, ~V ~C~
~S: ~.00
No Transfer Tax Due
il {illllll {llmil ill
COVENANT REGARDING REAL PROPERTY
Nextel C lions, APPLICANT ("APPLICANT" hereinafter) and City of
Poway, PROPERTY OWNER ("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 known as Assessor's Parcel Number 323-090-53 ("PROPERTY" hereinafter).
In consideration of the approval of CUP 00-22, by the City of Poway ("CITY" hereinafter),
APPLICANT 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 representatives,
t i assigns of the respective parties.
In the event that CUP 00-22 expires or is rescinded by City Council at the request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.
In the event of litigation to enforce the p ' ' :this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
Dated:
Dated:
r~ for Nextel
C
CITY OF POWAY
(Notarize)
Niall Fdtz, Director of D~lopment Services
2241
DESCRIPTION
PARCEL 1:
ALL THAT PORTION OF THE 10 ACRES OF T~E EASTeRLy 20 AC~.E$ OF ~ NORTH
HALF OF THE QUARTER OF SECTION 19, TOWNSHIP 14 SOUTH, P,A~GE 1 WEST,
SAN IN T~ COUNTY OF SAN DIEGO, STATE OF
TO THE UNITED STATES SURVEY, A~ FOLLOWS:
AT THE COP-N-ER OF SAID 10 ACRES; THENCE ALONG TH~
WESTERLY LI~-E OF SAID 10 ACRES, SOUTH 0"57'05" WEST 210.00 FEET;
TH~CE SOU~/I{ EAST 176.40 FEET; THENCE NORTH 72°37'52 EAST iS8.01 FEET;
THENCE NORTH 0057'05" EAST 160.00 FEET TO THE LIN~ OF SAID 10
ACRES; THENCE ALONG SAID LINE, NORTH WEST 326.40 FEET TO THE
POINT OF
EXHIBIT A
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
County of ~
0n'b~e~- ~ ~ :oo
personally appeared
before me, ~" .-¢_.~ I.-., JO~,~;~;~Y~ INJZ3JT. t_¢~ '~L~ '
[] proved to me on the basis of
evidence
to be the person(s) whose name(s) is/are
to the within instrument and
the same in authorized
capacity(ies), and that by
signature(s) is), or
the entity upon behalf of which the person(s)
acted,
W
Title or
Signer(s) Other
Capacity(ies) C}aimed b~ Signer
Title(s):
Partner -- [] Limited [] General
Trustee
Guardia
Other:
22 J
RESOLUTION NO. P- 00-92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-22
ASSESSOR'S PARCEL NUMBER 323-090-53
WHEREAS, Conditional Use Permit 00-22 was submitted by Nextel
C Iions, applicant, for the purpose 1 :, operate and
-t Enhanced Specialized Mobile Radio (ESMR) 1 facility
with a 200 square foot equipment building and 8 panel (one foot wide by four
feet in height) attached to the Welton Reservoir, 12701 Welton Lane within the RR-C
zone; and
WHEREAS, on November 28, 2000, the City Council held a duly advertised
public headng to solicit from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
1: Conditional Use Permit 00-22 is hereby found to be categorically exempt
from the California E Quality Act pursuant to Section 15303 (Class 3)
because the project involves placement of a small equipment building with other minor
equipment placed _3 water tank providing a utility extension to serve the
surrounding area.
The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code for Conditional Use Permit 00-22 to add t
facility on the Welton R 112701 Welton Lane within the Rural Residential C
zone, are made as follows:
The project' I with the General Plan as it designates this site for public
uses, including I :ion facilities, in the RR-C zone with the approval
of a Conditional Use Permit. The facility is typical of
facilities elsewhere in the City in terms of size design and operating
characteristics. The design alleviates the need for a stand 3port
structure, which would b ly obtrusive. Therefore, the proposed
location, size, design and operating ch I the proposed use are in
accord with the title and purpose of this title, the purpose of th ~ich the
site is located, the City's General Plan, and the development I: ' '
standards of the City.
The location, size, design, and operating characteristics of the use will be
compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, or natural as the project is
designed to conceal the equipment such that it appears to be a part of the
224&
Resolution No. P-00-92
Page 2
existing water tank, the equipment building will b :1 by fencing with
existing landscaping and painted to match the adjoining water tank. The siting of
iion facilities within different parts of the City is found to be a
necessary service to the community. The facility' :1 and will not create
traffic impacts to Welton Lane. The facility will not create noise impacts.
The harmony in scale, bulk, coverage, and density' I with adjacent
uses because the approved fixt I and are not readily visible to
adjoining properties.
Th ~le public facilities, services, and utilities because the use will
be located in a development where all necessary f :ly in place.
There will not be a harmful effect upon desirable neighborhood characteristics
as the fixtures will be concealed from th ' :1 are otherwise not a source
of any disruptive or adverse effects on property :l tenants within the
South Poway Business Park and Welton Lane neighborhood.
The generation of traffic will not adversely impact th :ling streets and/or
the City's Transportation Element as the use will operate for the most part from a
remote facility and will require only minimal therefore, frequent
trips to the site will not b ry.
The site is suitable for the type and intensity of the use in that it'
to a major arterial roadway and installed within ..3 public use.
There will be no significant harmful effects Ul: Iai quality and
natural the facility will not create any new development on the
property.
There are no otb
mitigated.
negative impacts of the development that cannot be
The impacts, as described above, and the proposed location, size, design and
operating characteristics 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, or materially injurious to properties or imp in the
vicinity nor be contrary to the adopted General Plan.
The proposed conditional use will comply with each of the applicable
p ' ' ~Poway Municipal Code Sec. 17.48.070.
- ( 2245
Resolution No. P- 00-92
Page 3
The City Council hereby approves CUP 00-22 to all
t !ion facility at the Welton R 112701 Welton Lane in the RR-C
zone, consisting of up to eight panel-tyl: ' .~ached to the water tank and a
200 square foot equipment building adjacent to the water tank, as shown on the plans
dated September 5, 2000, subject to the following conditions.
Approval of this CUP shall not
Ord' :1 all other applicable City
building permit'
31lance with all sections of the Zoning
;'t at the time of
Within 30 days of the date of this approval: (1) the applicant shall submit in
writing that all conditions of approval have been read and understood; and, (2)
the applicant shall execute a Covenant on Real Property.
Nextel C ;ions shall not
co-location of otb
31e obstacles to the possible
3anies on the site.
Any single additional ful Iion facility proposed by eitl~ :1
or third carrier shall be processed :lment to the CUP for
approval by the Director of Development Services. Such a facility shall use
panel antennas that can be mounted to the water tank and that comply with the
conditions of this approval. Any related equipment facility shall be located such
as 1 ' ' its visibility f "ling properties. Should the Director
determine that such a ful :lment 1' facility warrants
public review, the project may be referred to the City Council.
E=
Prior 1
following:
Building Permit, the applicant shall comply with the
The building plans shall depict the location of the eight proposed
the water tank wall, such that th y
spaced, to the satisfaction of the Director of Development Services.
=
The building plans shall depict the location of the equipment building, as
shown on the site plan to the satisfaction of the Director of Development
Services. The precise location of the equipment cabinets shall be signed
off by the Director of Public Works to verify that the cabinets will not
conflict with use of reservoir.
The building plans shall depict the painting of th :1 the
screening of the equipment building to match the existing water tank to
the sat f the Director of Development Services. The equipment
building fencing shall be constructed of vinyl-coated chain link at six foot
height.
o
2246
Resolution No. P-00-92
Page 4
The operator shall submit calculations specifying the FCC's Maximum
Possible Exposure (MPE) levels in inhabited areas within 500 feet of the
facility in th ~ere the levels produced are projected to be highest.
If th :1 I :1 80% of the MPE limits, the applicant
shall hire a qualified electrical engineer licensed by the State of California
1 3osure levels at the location after the facility is in operation.
A report of th Is and 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 verification of the results of the analysis.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, National Electdc Code, Uniform Fire Code, and
all other applicable codes and ordinances in effect at the time of building
permit'
The site plan, as submitted 1' :this CUP application, does not
indicate grading to be performed in conjunction with the f an
equipment shelter and installation of antennas. Therefore, the applicant
shall submit to the Engineering Division of the City's Development
Services Department a certification letter, issued by a California registered
Civil Engineer, certifying that no grading work which would involve
earthwork : of more than fifty cubic yards of fill lion, or
creating a fill greater than one foot in depth, or create and excavation
greater than two feet in depth shall be performed to complete the project.
However, if there is grading work to be done that would exceed fifty cubic
yards to be moved, or create a fill greater than one foot in depth, or create
greater than two feet in depth, then a grading permit shall
be obtained from the City prior to grading operation and building permit
Contact the Engineering Division of the City's Development
Services Department for grading permit req '
A right-of-way permit shall be obtained from the Engineering Division of
the City's Development Services Department pdor to performing any work
within a public street right-of-way or any City-held easement.
2247
Resolution No. P- 00-92
Page 5
o
The applicant currently h ~3reement from a
publicly :1 street to the p Therefore, an access
easement or agreement shall be obtained and a copy provided to the
Engineering Division of the City's Development Services Department.
If 3tained via Danielson Street and an in-lieu fee is not paid
pursuant to Condition E.6 of this Resolution, the applicant shall submit
plans to the Engineering Division showing th ~ access to be
improved to the satisfaction of the City Engineer.
Pdor to obtaining a Final Inspection on the permits, the applicant shall comply
with the following:
The project shall be constructed and completed in accordance with the
approved site plan and elevations on file in the Development Services
Department and the conditions contained herein.
The cellular fixtures shall be painted to match the water tank. The
equipment cabinet fencing shall be constructed of vinyl-coated chain link.
If the applicant obi '
road from Buehl ' to Welton Reservoir, the applicant shall
improve portions of said :1, that 3tible 1
minimum 12-foot wide, 2-inch thick AC paving together with any
necessary appurtenant regrading and other improvements to the
satisfaction of the City Engineer or pay the City an in-lieu fee for the
improvements that is acceptable to the City Engineer.
'.~hts via Danielson Street and the access
to a
Upon establishment of th
00-22, the following shall apply:
Iion facility pursuant to CUP
All 1' :1 related equipment, including lighting, shields, cabinets,
and poles, shall I: -1 in good repair, free from trash, debris, litter
and graffiti and other forms of vandalism. Any damage from any cause
shall be repaired reasonably possible so as to minimize
~ dang :lir blight.
Th
the site
3erator of the facility shall routinely and regularly inspect
31lance with the standards set forth in this permit.
°
The operator of the facility shall be stdctly liable for interf :1 by
their facilities with City Iion sy :her public agency
emergency Iion systems. The operator shall be responsible
- 2248 -
Resolution No. P-00-9;~
Page 6
for all labor and equil: for determining th ~ the
interference, all ' :1 with eliminating the int
(including, but not limited to, filtering, installing cavities, installing
directional antennas, powering down systems, and engineering analyses),
and all ' ' 3 from third party claims against the City attributable to
the in1
Th 1' 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
inhabited area that exceed the FCC's Maximum Permissible Exposure
(MPE) limits for electdc and magnetic field strength and power density for
transmitters or any -lard subsequently adopted or
promulgated by the City, County, State of California, orthe federal
l. If there is any change in th lich the facility is
operated or change in the MPE, a report pursuant to Condition E.7. of this
resolution shall be submitted to the Director of Development Services for
-l approval.
All landscaped areas shall b :1 in a healthy and thriving
condition, free from weeds, trash, and debds. The trees shall be
encouraged and allowed to retain a natural form. Pruning shall be
restricted 1 the health of the trees and to protect the public
safety. Unnatural pruning, including topping, is not
permitted.
The use of the subject property for the purpose of a cellular site shall run
with the land so long as the applicant has a valid lease agreement with
the City.
o
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 have
occurred during the prior year.
Th
equipment/imp
operation of the facility.
! th facility shall I of the
3proved, pursuant to this permit, within 60 days of ceasing
The approval of CUP 00-22 shall expire on November 28, 2002, at 5:00
p.m. unless, prior to that time, a Building Permit has been issued and construction on
the property in the CUP approval h :1 prior to its expiration.
2249
Resolution No, P-00-92
Page 7
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 28th day of November 2000.
Michael P. Cafagna,~
ATTEST: ~..."
Lori Anne Peoples, City Cldrk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Lod Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury that the foregoing Resolution No. P- 00-92 was duly adopted by
the City Council at a meeting of said City Council held on the 28th 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
LOft ~Anne Peoples,
City of Poway
City Clerk: