Covenant Regarding Real Property 2000-0290063" '- DOC ,. 2000-0290063
RECORDING REQUEST BY:
TO:
No Transfer Tax Due
JUN 02, 2000 8:3i AH
COVENANT REGARDING REAL PROPERTY
Edward and Karen Draper, PROPERTY OWNERS ("OWNERS" hereinafter) are the
owners 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 321-110-24
("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 00-
05 for WFI, Inc., for the mounting of 9 panel t antennas on the side of
a p tank at 15101 Mina de Oro Road, by the City of Poway ("CITY" hereinafter),
OWNERS hereby agree 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,
:1 assigns of the respective parties.
In the event that CUP 00-05 expires or is rescinded by City Council at the request
of the OWNERS, 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.
OWNERS:
Dated: 5'-~ c~ By:
Edward Draper (Notarize)
Dated: ~ '~'~ By: K~ren~DD ra~p/~ (Notarize)
Dated: M~
CITY OF POWAY
Niall Fritz, Director of pment Services
CALIFORNIA ALL-PURPO$~= ACKNOWLEDGMENT
State of
County of ~'
One,
personally appeared
before me ~t~'~/~
OPTIONAL
¥(ies)
acted,
Description of Attached Document
Title or
Signer(s) Other
Capacity(les) Claimed by Signer(s)
[] Individual
[]
Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[] Other:
[] Individual
[]
Title(s):
[] Partner -- [] Limited [] General
[] Trustee
[] Other:
EXHIBIT A
Legal Description
The Northeast Quarter of the Southeast Quarter, excepting the South 10 acres thereof,
and the Southeast Quarter of the Northeast Quarter of Section 4, Township 14 South,
Range 1 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State
of California, according to Official Plat thereof.
Excepting that portion lying Northerly of a line described as follows:
C ~ at the Southeast corner of Lot 1 of said Section 4; thence South 0°11'19"
East along the Easterly line of said Section 4, a distance of 80.00 feet to the Northeast
corner of land described in deed to Lillie W. Byers and Edith W. Bradshaw, recorded June
14, 1954 in Book 5269, Page 170 of Official Records, being the True Point of Beginning;
thence North 88 °23'30" West along the Northerly line of said land, 473.74 feet to the center
line of the Poway or Mt. Woodson Road (County Road D-9-11), as said mad existed and
was located on April 10, 1945, being also the Northeast corner of land described in deed
to Lillie W. Byers and Edith W. Bradshaw, recorded June 14, 1954 in Book 5269, Page 172
of Official Records; th ' 3 North 88 °23'30" West along the Northerly line of said
land, 2138.31 feet to the Westerly line of said Southwest Quarter of the Northeast Quarter,
distant thereon 40.00 feet Southerly from the Southwest corner of Lot 2 in said Section 4.
APN: 321-110-24
EXHIBIT B
RESOLUTION NO. P-00-39
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CUP 00-05
ASSESSOR'S PARCEL NUMBER 321-110-24
WHEREAS, CUP 00-05, submitted by WFI, Inc., applicant, requests a conditional
use permit to add facility on the site of a private water tank on
a residential lot in the Rural ResidentiaI-A zone. The subject property is located at 15101
Mina de Ore Road; and
WHEREAS, on May 2, 2000, the City Council held a duly advertised public hearing
to solicit comments from the public, both pre and con, relative to this application.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Poway,
as follows:
Section 1: The City Council finds that Conditional Use Permit 00-05 is Categorically
Exempt from the p ' ' :the Califomia E 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 the surrounding area.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for CUP 00-05 to add facility to be located on a residential
lot at 15101 Mina de Oro Road in the RR-A zone, are made as follows:
The proposed project ' : with the General Plan and the purpose of the
RR-A zone in that the use is a public facility which is allowed in the RR-A zone with
the approval of a conditional use permit.
The facility has been designed to blend in with the existing improvements and will
be screened by natural landscaping. The facility is unmanned; therefore, the
location, size, design, and operating ch 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
Since there will be very little visibility of the facility due to the screening by
landscaping and the location of the antennas on the water tank, the harmony in
scale, bulk, coverage, and density : with adjacent uses.
D. There are public facilities, services, and u!
31e.
Since there will be very little visibility of the facility, there will not be a harmful effect
upon desirable neighborhood ch
Resolution No. P-00-39
Page 2
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 th : the General Plan.
Veh is already provided to the site, which presently contains a single-
family home. No will need to be erected to support or screen the
antennas; therefore, the site is suitable for the type and intensity of use or
development which is proposed.
The p
effects Ul:
limited in scope; therefore, there will not be significant harmful
quality and natural
There are no otb
mitigated.
negative impacts of the proposed use that cannot be
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 :1 will not be detrimental to the public health, safety
or welfare, ly injurious to properties or imp in the vicinity nor
be contrary to the adopted General Plan.
K. The proposed conditional use will comply with each of the applicable
Section 17.48.070 of the Poway Municipal Code.
The City Council hereby approves CUP 00-05 to allow a wireless
iion facility consisting of nine (9) panel :1 on a private water
tank and painted to match; as well as related telephone, radio, and electrical equipment
installed in cabinets and enclosed by a 8-foot tall vinyl coated chain-link 1' lown
on plans dated February 22, 2000, on a residential lot at 15101 Mina de Oro Road in the
RR-A zone, subject to the following conditions.
Approval of this CUP request shall not 31lance with all sections of the City
of Poway Zoning Ordinance and all other applicable City ord' ' A at the
time of building permit issuance.
The applicant shall not creal 31e obstacles to the possible co-location
of otb 3anies on the site.
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 property
owner shall ' Covenant on Real Property.
Eo
Resolution No. P- 00 - 39
Page 3
Conditional Use Permit 00-05 may be subject to annual review as determined by the
Director of Development Services for compliance with the conditions of approval
and to add lat may h -1 during the past year.
Prior I
building permit, the applicant shall comply with the following:
Th ~all depict the use of green vinyl-coated chain-link
fencing (withbut slats) for the equipment to th I the
Director of Development Services.
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 issuance.
The building plans shall depict that ' ' ~ two (2), fifteen (15) gallon
oak trees shall be installed to the north of the equipment with a
temporary I '3ation system to the satisfaction of the Director of
Development Services.
The improvement plans for the access road shall depict any Portland
Concrete Cement (PCC) paving as earth 1 :1 to th ~
the Director of Development Services.
The operator shall submit calculations 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 are projected to be highest. If
th J I :180% of the MPE limits, the applicant shall hire
a qualified electrical engineer licensed by the State of California to measure
exposure levels at the location after the facility is in operation. ^ report of
th :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 original 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.
Prior to use of th :ion facility, the applicant shall comply with
the following:
Resolution No. P- 00- 39
Page 4
The required oak trees and temporary irrigation system shall be installed per
plan.
Required paving for the access to the site shall be installed per approved
plans.
Upon establishment of th
the following shall apply:
facility, pursuant to CUP 00-05,
The required landscaping which has been installed between the fence and
property line and in the setback area adjacent to the outside of the court
fencing pursuant to Section 17.30.020.F of the Poway Municipal Code; shall
be maintained in a flourishing manner to the satisfaction of the Director of
Development Services.
o
All facilities and related equipment, including lighting, fences, shields,
cabinets, and poles shall be :1 in good repair, free from trash,
debris, litter and graffiti and other forms of vandalism. Any damage from any
cause shall be repaired as soon 31y possible so as to minimize
~ dang :Iii' blight.
The facility shall be operated in such a manner to minimize any possible
disruption caused by noise. Backup generators 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 :I the noise
standards contained in the Poway Municipal Code.
Th
site
~erator of the facility shall routinely .and regularly inspect the
~liance with the standards set forth in this permit.
The operator of the facility shall be strictly liable for interf :I by
their facilities with City systems or other public agency
emergency lion systems. The operator shall be responsible for
all labor and equipment costs for determining th :the interference,
all :1 with eliminating the interference (including but not limited
to filtering, installing cavities, installing directional powering down
systems, and engineering analyses), and all costs arising from third party
claims against the City attributable to the interference.
The wireless 1 iion facility shall not be operated in such a
manner that it poses, either by itself or in combination with other such
Resolution No. P- 0 0- 3 9
Page 5
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 exceeds the FCC's Maximum Permissible Exposure
(MPE) limits 1' :1 magnetic field strength and power density for
transmitters or any more restrictive standard subsequently adopted or
promulgated by the City, County, State of California, or the federal
I. If there is any change in the manner in which the facility is
operated or change in the MPE, a report pursuant to Condition E.5 of this
resolution shall be submitted to the Director of Development Services for
:1 approval.
Section 4: The approval of CUP 00-05 shall expire on May 2, 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 -I prior to its expiration.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of C I a reg ;] this 2nd day of May, 2000.
Don ' '
Hlgg~nson, Dep y Mayor
ATTEST:
Lort Anne Peoples, City Cle~rk
Resolution No. P- 0 0 - 3 9
Page 6
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under the
penalty of perjury that the foregoing Resolution No. P- 00- 39 was duly adopted by the
City Council at a reg .3 of said City Council held on the 2nd day of May 2000,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT:
REXFORD,
CAFAGNA
~n~:wPae~ples, Ci~y~Cle~~)~'