Covenant Regarding Real Property 2006-0757539
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. -, ~'006-07575~39
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" 11111111111111111111111111111111111111111111111111111111111111111111111 :
RECORDING REQUEST BY: )
)
CITY OF POWA Y ) OCT 25, 2006 12:33 PM
) I
WHEN RECORDED MAIL TO: ) OFFICL':':'.L FiEC:DF:LI'~
'=",:,:"r'J [IIEGel [IJUNT'I F:E.[UR[IEH":, DFFIC:E
~~ 1_~I:EliI]F'1 ,I ':;MITH cour'JT't F:ECOF:LIEF:
CITY CLERK FEE': =::::,00
F'':':'.bE':, 11
CITY OF POWAY ) ~
PO SqX789 )\y 11111111111111111111111111111111111111111111111111111111111III 11111 UIII 1111 1111
POWAY CA 92074-0789 I \ <;) 491
No Transfer Tax Due ) (This space for Recorder's Use)
APN, 316-063-02 and 05 . ., .~OO6-0757539
CUP 06-11 CO\lENANT REGARDING REAL PROPERTY
Thomas J Farley, PROPERTY OWNER ("OWNER" hereinafter) is the owner of
real property described in Exhibit A which is attache_d hereto and made a part hereof
and which is commonly known as Assessor's Parcel Nu_rnber APN 316-063-02 and 05
("PROPERTY" hereinafter) In c()rfsideration of the approval of CUP 06-11, 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 O,wn?rs, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respectlve parties
In the ,event that CUP 06-11 expires or is rescinded by City Council at the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 liiigation 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
OWNER.
Dated OE,
(Notarize)
Dated /,. 3.0" By
nt Services
O~-\23
. .
9492
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~=^=^,~~~~~~:=.'Y""""'=^L5b~~~~~~~~~~~
State of California
55,
County of
On
personally appeared
[J personally known to me
-a eoa:.=., ~oved to me on the basis of sati~ry evidence
. IiIIllIIIYP\mIIc-~ III olll to be the perso~ whose name~ subscribed
Ianlll8go ~ _ to the within instrument and aCknOWledgeie that
MvCamm.....Oct21.2IIll7 @sJ:le/ttwf executed the same in i jll'1'thetf'
authorized cap,!city(jJ;lsJ, and that by ~
signature(M on the instrument the person ,or the
entity upon behalf of which the person(~ acted,
executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information befowis not reqUired by law, it may prove vafLi.a./!'e topersons relying on the document
and couldprevenUraudulent removal and reattacfiment ofthis form to another document.
Description of Attached Document ClNtv\CiYI1 ~y r4~ \koQ ~~
Title or Type of Document:
\D . n- .C)~
Document Date: Number of ages: 10
Signer(s) Other Than Named Above: f\)c....
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's.Name:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate Officer - lIt1e(s):
o Partner - 0 Limited 0 General RIGHT THUMBPRINT o Partner - 0 Limited 0 General
o Attorney in Fact OF SIGNER' o Attorney in Fact .
Top of thumb here Top of thumb here
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
(il\,..~~~~~~~~~~~~~'g",~~"9<;.~~~~~
ff:J20D4 National Nola/)' Associati011 .9350 De SDID ,lIye., P.O. BOl( 2402' Chatsworth. CA 91313-2402 Item No. 5907 Reorder: Call Toll Free 1-800-876 6827
. .
EXHIBIT "An ~493
LEGAL DESCRIPTION
The land' referred to herein is situated in the State of California,
County of San Diego, described as follows:
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
SECTION 22, TOWNSHIP 14 SOUTH, RANGE 2 WEST, BAN BERNARDINO
BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
DESCRLBED AS FOLLOWS:
COMMENCING ATA POINT ON THE SOUTHEASTERLY LINE OF THAT CERTAIN
80.00 FOOT COUNTY HIGHWAY F.A.S. 729-1 AS SHOWN ON THE MAP OF
THE RELOCATION' OF ROAD SURVEY NO. 987 ON FILE IN THE OFFICE OF
THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY., SAID POINT OF
COMMENCEMENT BEING OPPOSITE ENGINEER'S STATION 100 PLUS 57.22
B.C. ON THE CENTER LINE OF SAID HIGHWAY AND BEING THE WESTERLY
TERM!NUS OF A CURVE IN SAID SOUTHEASTERLY LINE CONCAVE
SOUTHEASTERLY AND HAVING A.RADIUS OF 2360. 00 FEET , A RADIAL
LINE OF SAID CURVE BEARING NORTH 35039'20" WEST THROUGH SAID
POINT; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 4016'22" A DISTANCE OF 176.00 FEET TO THE NORTHWESTERLY
CORNER OF LAND DESCRIBED IN DEED TO ROBERT C. FIRTH, ET UX,
RECORDED MARCH 2, 1956 IN: BOOK 5998, PAGE 289 AS DOCUMENT NO.
28689 OF OFFICIAL RECORDS;, THENCE ALONG THE WESTERLY AND
SOUTHWESTERLY LINES THEREOF AS FOLLOWS: SOUTH 3058'50" WEST
95 30 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG; THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 76038' 00" A
DISTANCE OF 133.75 FEET; THENCE TANGENT '1'0 SAID CURVE SOUTH
72039'10" EAST 185.46 FEET TO 'THE EAsTERLY CORNER OF FIRTH'S
LAND;CONTIl'IUING SOUTH 7?039'10" EAST 173.47 FEET TO A POINT
HEREIN DESIGNATED AS POINT "A", ALSO BEING THE BEGINNING OF A
TANGENT 150.00 FEET RADIUS CURVE, CONCAVE NO~THERLY; THENCE
EASTERLY ALONG SAID CURVE TJ:IROUGHA CENTRAL ANGLE OF 15039' 40"
A DISTANCE OF 41.00 FEET; THENCE TANGENT TO SAID CURVE SOUTH
8801!l'50" EAST 99.12 F.El'::I: TO A TANGENT 250'90F0qT RADIUS CURVE,
CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.98 FEET
T11ROUGH AN. ANGLE OF 19028' 30" TO A POINT OF' REVERSED CURVATURE
HAVING A RADIU9 OF 145.7~ FEET; THENCE EAsTE~Y ALONG SAID
CURVE 103.60 FEET THROU:GH AN ANGLE OF 40043'30"; THENCE TANGENT
TO SAID CURVE SOUTH 67003'50" EAST 53.10 FEE'):'; THENCE SOUTH
70052" EAST 50.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND
DESCRIBED IN DEED TO DAVID R. SHEPARD$()N, ET UX, RECORDED APRIL
15, 1953 IN BOOK 4821, PAGE 290 OF QFFICIAL RECORDS; THENCE
ALONG TIlE SQfrrHERLY BOUNDARY THEREOF, SOUTH 70052' 00" EAST
25.00 YEET !llib NORTH 86046' 00" EAST 119.9.0 FEET TO THE MOST
WESTERLY CORNER OF LAND DESCRIBED INDEED TO LAZER J. TARZAN,
ET UX, RECORDED JULY 22, 1958 AS FILE NO. 117385 OF OFFICIAL
Continued on next page
. . 9494
RECORDS; THENCE ALONG ,THE SOUTHWESTERLY LINE 'THEREOF SOUTH
39030'15" EAST ,249,75 FEET TO THE SOUTHWESTERLY CORNER OF SAID
,
TARZAN'S LAND; THENCE CONTINUING SOUTH 390.30' 15." EAST 111.25
FEET; THENCE SOUTH 21023'15" EAST 125.60 FEET TO THE
NORTHWESTERLY CORNER 9FLAND DESCRIBED UNDER PARCEL 1 OF DEED
TO VIOLA V, HERRIOT RECORDED MARCH 2, 1956 IN BOOK 5998, PAGE
369 AS DOCUMENT NO. 28726 OF OFFICIAL RECOgDS; THENCE ALONG THE
WESTERLY LINE THEREOF, SOUTH 21"28'15" EAST 20 00 FEET TO THE
BEGINNING OF A TANGENT 39.36 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID WESTERLY LINE, SOUTHERLY, SOUTHWESTERLY, WESTERLY
AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1620 36' A DISTANCE OF 111.70 FEET; THENCE. TANGENT TO SAID
CURVE, NORTH 38052'15" WEST 82.37 FEET. TO ,THE BEGINNING OF A
TANGENT 100'.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
33025'A DISTANCE OF 58,34 FEET TO THE NORTHEASTERLY CORNER OF
LAND DESCRIBED IN DEED TO LAWRENCE E. O'BRIEN, ET UX, RECORDED
, .
MAY 4, 1954 IN BOOK 52~6, PAGE 364 OF OFFICIAL RECORDS; THENCE
ALONG THE NORTHERLYLTNE',OF SAID O'BRIEN'S LAND, CONTINUING
ALONG SAID 100,00 FooT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF
10044'35" A DISTANCE OF 1!l.75 FEET; THENCEIANGENT TO SAID
CURVE, NORTH 83002'15" WES:r: 297.86 FEET 1;0 TIIEMOST NORTHERLY
CORNER OF SAID 0' BRIEN'S LAND; THENCE LEAVI~G SAID LAND AND
ALONG THE WESTERLY PROLONGATION OF SAID NOR'.l'HERLY LINE THEREOF,
NORTH 83002'15" WEST TO AN INTERSECTION WITH A LINE WHICH
BEARS SOUTH 2037 '10". WEST FROM SAID POINT "A" 'AS DESIGNATED
HEREINABOVE; THENCE 2037'10. WEST TO THE SOllTHERLY LINE OF SAID
NORTH HALF OF THE NORTHEAST QUARTER; THENCE EASTERLY ALONG
SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID HERRIET'S
LAND; THENCE ALONG THE WESTERLY LINE THEREOF, NORTH 21028'15"
WEST TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN
80.00 FOOT COUNTY HIGHWAY F.A.S. 729-1 AS SHOWN ON THE MAP OF
THE RELOCATION OF ROAD SURVEY NO. 937 ON FILE IN THE OFFICE OF
THE COUNTY SURVEYOR OF SAID COUNTY, SAID POINT BEING OPPOSITE
ENGINEER.'IS STATION 110 PLUS 89.06 B.C. IN THE CENTER LINE OF
SAID HIGHWAY AND BEING ALSO THE EASTERLY TERMINUS OF A CURVE
IN SAID SOUTHERLY LINE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 2360'.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 2054'48" A DISTANCE OF 120.00 FEET
TO A. POINT THROUGH WHICH A RADIAL LINE, OF SAID CURVE BEARS NORTH
130-56'08" WEST; THENCE HAVING THE SOUTHERLY LINE OF SAID
HIGHWAY, SOUTH 25042'45" EAST 240.51 FEET;, 'THENCE NORTH
81"13'40" EAST 181.32 FEET; THENCE SOUTH. 28029' EAST 305.45
FEET; THENCE SOUTH 62042' WEST 30.71 PEET TO THE BEGINNING OF A
Continued on next page
. .
9495
TANGENT CURVE, CONCAVE SOUTHEASTERLY AND ,HAVING A RADIUS OF
150.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 46041'30" A DISTANCE OF' 122..24 FEET; THENCE
TANGENT TOS~ID CURVE SOUTH 16000'30" WEST 61.42 FEET; THENCE
SOUTH 39030' 15" EAST 361. 00 FEET; THENCE'SOT:JTH 21028' 15" EAST
145.60 FEET TO THE BEGINNING OF A TANGENT. CURVE, CONCAVE
NORTHWESTERLY AND HAVING. A RADIUS OF 39.36 FEET; THENCE
SOUTHERLY, SOUTHWESTERLY" WESTERLY AND NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 162036' ,A DISTANCE OF 111.70
FEET; THENCE TANGENT TO. SAID CURVE NORTH 38052'15" WEST 82 37
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTE~LY
AND HAVING A RADIUS OF 100.00 FEET; THENCE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 33025'25" A DISTANCE OF
58.34 FEET; THENCE ALONG A RADIAL LINE OF SAID CURVE SOUTH
17042'20" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING,;
THENCE RETRACING NORTH 17042'20" EAST ALONG SAID RADIAL LINE
20.00 FEET TO A POINT ON THE ARC OF SAID 100.00 FOOT RADIUS
CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 10044'35" A DISTANCE OF 18.75 FEET; THENCE TANGENT TO
SAID CURVE NORTH 83002'15" WEST 297.86 FEET; THENCE SOUTH
29003'45" WEST 173.17 FEET; THENCE SOUTH 1026," WEST 87.36 FEET;
THENCE EASTERLY IN A STRAIGHT LINE 400 FEET'MORE OR LESS TO
THE SOUTHERLY TERMINUS OF A STRAIGHT LINE DRAWN .sOUTH 2037' 10"
WEST 2i4.50 FEET FROM THE TimE POINT OF BEGINNING; THENCE NORTH
2037'10" EAST 214 .50 FEET TO THE TRUE POINT OF BEGINNING.
End of Legal Description
. . 9496
EXHIBITB
RESOLUTION NO P-06A4
A REScOLUTION OF THE CITY COUNCIL
OF THE CiTY OF POWAY" CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 06-11
ASSESSOR'S PARCEL NUMBER 316-063-02
WHEREAS, Conditional Use Permit (CUP) 06-11 was submitted by M&M
T elecomm, LLC (for CricketComml!riications), Applicant, to install a telecommunications
facility at 12601 Cobblestone Creek Road, in the Rural Residential A (RR-A) zone, and
WHEREAS, the proposed,telecommunications facility consists of three panel-type
antennas mounted to three 12~foot-high poles and ancillary ground-mounted equipment
on a raised steel platform on grade, near the access way to the residence; and
WHEREAS, on Octoger 3".2006, 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, 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 Enyironmental Quality Ad (CEQA) pursuant to Section
15303 of the CEQA Guidelines, ,in that the project involves the installation of a new, small,
telecommunications facility providing a utility extension to serve the surrounding areas.
Section 2: The findings, in accordancewith Section 17 48 070 of the Poway Municipal
Code, for CUP 06-11 to install.a telecommunications facility on property located at 12601
Cobblestone Creek Road, inthe Rural Residential A (RR-A) zone, are made as follows:
A. The proposed 10catioD,sjze, design, and operating characteristics ofthe proposed
telecommUnications fatilityare in accord with the title and purpose of Chapter 17 48
ofthe Poway MuniCIpal Code -(Conditional Use Permit Regulations), the General
Plan, and the development policies and standards.of the City in that the facility has
been designed, sited, aridstreened such that itwllI not result in visual impacts to
the surroUnding community
B The location, size, design, and operatiflg characteristics of the proposed
telecommunications facility will be compatible with and will not adversely affect
or be materi}iIIy detrimental to adjacent uses, residents, buildings,. structures, or
natural resources in that the facility has been designed and sited such that it will
not resuit in visual impacts to the surrounding community The use will comply
with FederaLCommunications Commission (FCq design and operational standards,
The facility is unmanned and will not create traffic impacts,
C The proposeq telecommunications facility is in .harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the proposed
,
· · 9497
Resolution No, P"06A4
Page 2
facility will be IpcatedJn a rural hillside'arElaiand.,will not exceed the height of existing
shrubbery and rocks on an existing residential property.
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 hcjrmful effect upon the desirable surrounding .property
charaCteristics in thatthe proposedtelecommunicationsfacilityhas been designed,
sited, and screened such'that it will not result in,a visual impact to the surrounding
community, and thefacilitywill comply with FCC design and operational standards,
F The generation of traffic will not adversely impact the capacity and physical
character of the surrounqirig 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, which is
proposed in that the prqposed telecommunications facility will enhance
telecpmmunications,coverage in the City
H, There will not be significant harmful effects upon. environmental quality and natural
resources in that the,proposed'telecommunicatiom;facility is located ona developed
property and does not involve the removal of naturarhabitat resources.
I There are no relevant negative impacts ,associated with the proposed
telecornmunicationsfacility ,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 proposed telecommunic,ations facility will not be materially
injurious to properties orimpro\tements in the vicinity, nor be contrary to the adopted
General Plan,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.
K. The proposed telecommunications facility.will cOrn ply with all the applicable
provisions of Chapter 1748 ofthe POWa}/"Munjcipal Code in that the facility has
been designed.and:sited such that it will not resuiUnvisual impacts and will comply
with FCC design and operational standards,
Section 3: The City Council hereby approves CUPQ6'-11t9 install a telecommunications
facility which consistS of thre~ 12cfoot-highpoleswith panel antennas, and associated
equipmentcabiheti):oll a raisEld steel platformatgtade"ona developed residential properly
at 12601 <;:obble~t9he.CreekRoad, as shown on the plans dated July 20, 2006, subjectto
the following conditions:
. . 949,8
Resolution No. P-06~44
Page 3
A. Approval of this CUP request shall apply'onlyto the:subject project and shall not
waive compliancewith all sections of the Zoning Ordinance and all other applicable
City Ordinances in effect at the time of Building Permit issuance.
B Within 30 days of thedate.of this approval:. (1) the applicant shall submit in writing
that all Conditions of Approval have been read and understood; and (2) the.property
owners shall execute a Covenant Regarding Real Property.
C, The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable useahd enjoyment of surrounding uses.
D The conditions of CUP 06-11 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 6fthecurrent property owner
E, CUP 06-11 may be subject to annual review as determined by the Director of
Develqpment Services for compliance with the Conditions of Approval and to
address concerns that may have been raised during the prior year
F 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 stiallcomply with the latest adopted Uniform Building Code,
National Elecfric Code, and all other applicable codes and ordinances in
effectat the time of Building Permit issuance,
2. The site shall be developed in accordance with the approved plan on file in
the Development"Services Department and' the conditions contained herein,
A final inspection from the appropriate City Departments will be required,
(Planning)
3, A $3,000 deposit ,shall be submitted to ensure completion 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 costs an
IridepeiiqentConsultantto 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,
5 The, Building Permit plans shall include a utility plan that shows the
equiplllentlayout.
6 The specific materials used to paint the antennas and equipment shall be
depicted on the building plans, and shalf be to the satisfaction of the Director
of Development Services,
. . 9499
Resolution No, P-06A4,
Page 4
7 Any trenching shall be conduCted [" th!:l existing 'dirt roadways. Any
trenching that.tnustbe conducted outside oUhe dirtroadways and .in an area
that contains Coastal Sage Scrub habitat shall be dug by hand and shall be
the minimum size; necessary to install the conduit. The Planning Division
shall approve any trench locations outside of existing dirt roadways
Unplanned removal of habitat will' be required to be mitigated at a 2:1 ratio
G, Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1 Provide at least one fire extinguisher with a minimum rating of 3A40BC
2, Maintain emergency vehicle access to the site at all times.
H. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 06-11, 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 CJ!-lalified professional, that
specifies the act!Jal RF levels within 500 feet of the facility and includes a
statementas to compliance with the FCC Maximum Possible Exposure limit
(MPE). 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,
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 ofthe MPE levels.
Full operation of the .facility shall not be allowed until the Director of
Development Services has determined thatthe facility is in compliance with
the Federal guidelines. The City mayconductan independent verification of
the results of the analysis provided by the operator at the operator's cost.
lJpon 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 deposit submitted
pursuant to Condition F.3 of this Resolution shall be refunded to the
applicant, upon written requestby 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.
. . 9500
Resolution No, P-06-44
Page 5
3. The facility shall be operated in such a manner a's tci 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 source exceed the noise
standards contained in the Poway Municipal Code,
4 The owner or 6perat6rof the facility sh'aU routinely and regularly inspectthe
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 telecommunication!> systems or other public agency
emergency communication system~. The operator shall stop operations
and determine the cause prior to resta rti rig 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, poweringdQwn systems, and engineering analysis), and all costs
arising from third-party claims againsttheCity,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 Maximllm Permissible Exposure (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.
7 If there is any change 'in the operating characteristics of the facility, a report
pursuant to Conpition 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 shall only be operated when maintenance is being
performed on the equipment. The service light shall be adequately
shielded and directed away from adjacent residential uses or roadways. The
service light(s) shall be on a timer
Section4. The oiNner of the telecommunications facility shall remove aU of the
communication equipm~nt, and associated structures, approved pursuant to this permit
. .
within 60 days of ceasing operation of the telecommunications facility
. . 1/ /
9501
, ,
Resolution No, P-06-44
Page 6
Section 5, The approval of CUP 06-11 shall expire,on October 3.2008. 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,
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 3rd day of October2006,
ATTEST
LDi~O'~
STATE OF CALIFORNiA )
)SS
COUNTY OF SAN DIEGO )
i, L. Diane Shea, City Clerk of the City of Poway; do hereby certify, under the
penalty of perjury, that the foregoing Resolution No P~0644, was duly adopted by the
City Council at a meeting of said City Council held on the 3rd day of October 2006, and
that it was so adopted by the following vote:
AYES. EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT. BOYACK
DISQUALIFIED' NONE
~~~
City of Po way