Loading...
Covenant Regarding Real Property 2006-0757539 . DOc4 "' . -, ~'006-07575~39 - , " 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personal representatives, transferees and assigns of the respectlve parties In the ,event that CUP 06-11 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of liiigation to enforce the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