Covenant Regarding Real Property 2005-0534109
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R' RECORDING REQ~~ST BY: )
) JUN 24 2005 2:34 PM
~\ CITY OF POWAY )
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\(J WHEN RECORDED MAIL TO: ) ',i.:.JJ l.I!ECll i Il]ur.n I REI:I]R[IER"_ UFFICE
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CITY CLERK ) f=',::"GE'::. 12
CITY OF POWAY ) \ \1\11\ "mllll! 1111\\\1111111\ 111\\ 111\\ "1\111\1111111 illl\ 11m 111\\ 8111111
P 0 BOX'789 ) 2005-0534109
POWAY CA 92074-0789 )
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No Transfer Tax Due ) (This space for Recorder's Use)
APN: 316-063-02 and 05/CUP 05"02
COVENANT REGARDING REAL PROPERTY
Thomas J Farley, PROPERTY OWNER ("OWNER" hereinafter) is the owner of real
property described in Exliibit AWtiich is attached hereto and made a part hereof and
which is commonly known as"Assessor's Parcel NumBer APN 316-063-02 and 05
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("PROPERTY" hereinafter) In consideration of the approval of CUP 05.02, by the City
of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the
attached resolution (Exhibit B)
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This Covenant shall run' with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties
In the event that CUP 05~02 expires or is rescinded by City Council at the
reqUest.ofthe OWNER, CITY shall expunge .this Covenant from the record title of the
PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonaBle attorneys'
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fees, from the other party
OWNER.
Dated: b-b -oS- By'
ThDNAS' (Notarize)
CITY OF POWAY
Dated 5/31/ oS
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17769
CALIFORNIA. ALL-PURPOSE ACKNOWLEDGMENT
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1 State of ca~ ~Id~
County of
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1 ArsonallY'known to me I
[, t--~-=~~--i proved to me' on the basis of satisfactory
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[ San IlIIigo COUnty - to be the perso~ whosenam~ .1
[ ~ _ _ _ ~~(I~e._~2~~7t subscribed to the within instrument and
I' acknowiedgediio me jhat~1:lef executed
[ the same in @tJer1lh!>i<" authorized
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signatur~~~.theinstrument the perso~ or I
the entity' upon behalf of which the perso~
acted, exsci,ted the instrument.
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OPTIONAL
Though the information below is not required by law, it may prove valuable, to persons relying on the document and could pre'/ent
fraudulent removal and reattachment of thiS form to another document.
[ Description of Attache~Uri1ent
Title or Type of Docum;nt ".' [~LV\-l.- C-LLp (])~L
I DocumentDate: \ 0 ,t 0 .D-S Number of Pages: \2- I
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Signer(s) Other Than Named'Above: VI C:NY .
1 Capacity(ies) Claimed by'Signer
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Signer's Name:
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[. o Individual Tnp of thumb here
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
[ o Attorney.-in-Fact
I o Trustee
o Guardian or Conservator
o Other'
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I' Signer Is Represenlirig:
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@,19g9NationaINotar)'Assoc;ation'935llDaSoIOAve P.O:Box 2402' Chatsworth. CA 91313.2402. www,nationalnotaryorg Prcd,No.5907' Reorder: Call Toll-Free l-BOO.876-6827
. . 17770
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EXHIBIT "A"
That portion of the North Half of the Northeast Quarter of Section
22, Township J.4 South, Range :2 West, San Bernardino Base and Meridian,
in the County of San Diego, State of California, according to Official
Plat thereof, described as follows:
Commencing at a point on the Southeasterly line of that certain 80.00
foot County highwayF.A.s, 729-J. as shoWn on the map of the re1ocation
of road survey NQ. 987 on ,file in the Office Of the County Surveyor of
said San Diego County, said point of commencement being opposite
,engineer's station J.OO plus 57_22 B.C. on the center line of said
highway aild being the wes"tarly terminus 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 35 Degrees 39 '
Minutes 20 Seconds West through said point; thence Northeasterly along
said curve through a central angle of 4 Degrees 16 Minutes 22 Seconds ,
a distance of 176.00 feet to the Northwesterly corner of land
described in deed to Robert C. Firth, et UX, recorded March 02, 1956
in Book 5998, Page 289 as Document No. 28689 of Official Records;
thence along the Westerry and Southwesterly lines thereOf as follows:
South 3 Degrees 59 Minutes 50 Seconds West 95"30 feet to the beginning
of a tangerit 100.00 foot radius curve, concave Northeasterly; thence
Southeasterly along the arc Of said curve, through a central angle of
76 Degrees 39 Minutes 00 Seconds a distance of 133.75 feet; thence
tangent to said curve~outh 72 Degrees 39 Min~tes 10 Seconds East
185_46 feet to the Easterly corner of Firth's land; continttingsouth
72 Degrees 39 Minutes 10'Seconds East 173.47 feet to a pOUlt herein
designated as point "A", also being the beginning of a tangent 150.00
feet radius curve, concave Northerly; thence Easterly along said
curve through a central. angle of 15 Degrees 39 Minutes 40 Seconds a
d,istance of 41.00 feet; thence tangent to said curve South BB Degrees
18 Mtnutes 50 Seconds East ~9"12 feet to a tangent 250.00 foot radius
curve, concaVe Northerly; thence Easterly along said curve 84,98 feet
through an angle of ,19 Degrees 28 Minutes 30 Seconds to a point of
reversed curvatur0 having a radius of 145.76 feet; thence Easterly
along said curve 103.60 feet through an angle of 40 Degrees 43
MQnutes 30 Seconds; thence tangent to said curve South 67 Degrees 03
'Minutes 50 Seconds East 53.10 feet; thence South 70 Degree~ S2 Minutes
East 50.00 feet to the Southwesterly corner oe the land described in
deed to DavidR. Shepardson, et ux, recorded April 15, 1953 in Book
4821, Page 290 of Official Records; thence along the Southp.rly
bounda"ry th,ereof ,South 70 Degrees 52 Minutes 00 Seconds East 25.00
feet and North 86 Degrees 46 Minutes OO'Seconds East 119.90 feElt to
the most Westerly corner of land described in deed to Lazer J. Tarzan,
et ux, recorded July 22, 1958 as FileNo. 1173B5 of Official Recprds;
thence alo~g the Southwesterly line ther~of South 39 Degrees 30
Minutes 15 Seconds Eclst 249.75 feet to the Southwesterly corner of
said Tarzani~ land; thence continuing South 39 Degrees 30 Minutes 15
Seconds East 111.25 feet; thence South 21 Degrees 23 Minucp.s 15
Seconds East 125.60 feet to the Northwesterly corner of land described
under Parcell of deed to Viola v. .Herriot recorded March 02, 1956 in
Book 5998, Page 369 as Document No. 28726 of Official Records; thence
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EXHIBIT "A" ;
(Continued)
along the Westerly ~ine thereof, South 21 Degrees 28 Minutes 15
Seconds East 20.00 feet to the beginning of a tangent 39.36 foot
radius curv~, 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 }..62 [jegrees 36 Minutes a distance of 111.70 feet;
thence tangent to said durye, North 38 Degrees 52 Minutes 15 Seconds
West 82.3.7 feet to the;, .beginning of a tangent 100..00 foot radius
curve, concave South~esterly; thence Northwe~terly along said curve
through a central angle of 33 Degrees 25 Minutes 25 Seconds a distance
of 58.34 feet to the Northeasterly corner of, land described in deed to
Lawrence E. O'Brien,et UX, recorded May 04, 1954 in BOOk 5226, Page
364 of Official Recqrds; thence along the Northerly line of. said
O'Brie~'s land, continuing along said 100.00 foot radius curve,
through a central angle of 10 Degrees 44 Minutes 35 Seconds a
distance of 18..75 . feet; thence tangent to said curve, North 83 Degrees
02 Minutes ~5 Seconds.We~t .297.86 feet to the most Northerly corner
of said O'Brien's land; thence leaving said land and along the
Westerly prolongation of said Northerly line thereof. North 83
Degrees 02 Minutes 15 Seconds West to an intersection with a line
whiCh bears South 2 Degrees 37 Minutes 10 Seconds West from said
point "A" as designated hereinabove; thence 2 Degrees 37 Minutes 10
Seconds West to the Southerly line of said North Half of the Northeast
Quarter; thence Easterly along said Southerly line to the Southwest
corner of said Herri,et's land; thence along the Westerly li.ne thereof,
North 21 Degrees 28 Minutes 15 Seconds West to the TRUE POINT OF
BBGINNING.
EXCEPTING THEREFROM that portion of land described as follows:
Commencing at a point on the Southerly line of that certain 80.00
foot County highwayF.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's 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
Soutneasterly and:having a radius of 2360.00 feet; thence
Southwesterly along said curve through a central angle of 2 Degrees
54 Minutes 48 Seconds a distance of 120.00 feet to a point through
which a radial line of said curve bears North 13 Degrees % Minutes
08 Seconds West; ~hence having the Southerly line of said h~ghway,
South 25 .Degrees 42 Minutes 45 Seconds East 240.S~ feet; thence NOrth
81 Degrees .13 J1iriutes 40 Seconds East ~8L32 teet; thence South 28
Degrees 29 Minut~s East 305.45 feet; thence South 62 Degrees 42
Minutes West: 3.0.71 feet to the beginning of a tangent curve, concave
Southeasterly and having a radius of 150.00 feet; thence Southwesterly
along saidcurve through a central angle of 46 Degrees 41 Minutes 30
Seconds a distance of 122.24 feet; thence tangent to said curve South
16 Degrees 00 Minutes 30 Seconds West 61.42 feet; thence South 39
Degrees 3q Mi~utes ~5 Seconds East 361.00 feet;chence South 21
Degrees 28 Minutes ~5 Seconds East 145.60 feet to the beginning of a
tangent curve, concave Northwesterly and having a radius of 39.36
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EXHIBIT "A" I
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(ContinUed)
feet; thence Southerly, Southwesterly, Westerly and Northwesterly
~long said curve through ~ central ~ngle of 162 Degrees 36 Minutes a
distance of 111.70 feet; thence tangent to s~id curve North 38 Degrees
52 Min~tes 15 Seconds West 82.37 feet to the beginning of a tangent
curve, Concave Southwesterly and having a radius of 100.00 feet;
thence Northwesterly along said curve through a central angle of 33
Degrees 25 Minutes 25 Seconds a distance of 58.34 feet; thence along
a radi~l line Of said curve South 17 Degrees 42 Minutes 20 Seconds
West 20.00 fect to the. TRUE POINT OF BEGINNING; thence retracing
North 17 Degrees 42 Minutes 20 Seconds East' along said r~djal 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 10
Degrees 44 Minutes 35 Seconds ~ distance of 18.75 feet; thence
tangent to said, curve North 83 Degrees 02 ~inutes lS Seconds West
297.86 feet; thence South 29 Degrees 03 Minutes 4S Seconds West
~73.17 feet; thence South 1 Degrees 26 Minutes West 87.36 feet;
thence Easterly in a straight line 400 feet more or less to the
Southerly tennlnus of a straight line draWIi South 2 Degrees 37
Minutes 10 Seconds West 214.50 feet frOD:\ the TRUE POINT OF BEGINNING;
thence North 2 Degrees 37 Minutes 10 Seconds East 214.50 feet to the
TRUE POINT OF BEGINNING.
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EXHIBIT B 17773
RESOLUTION NO P-05-40
A RESOLUTION OF THE CITY COUNCIL
OF THECITY OF POWAY, CALIFORNIA
APPROVING C,ONDITIONAL USEcPERMIT 05-02
ASSESSOR'S PARCEL NUMBER 316c063-02
WHEREAS, Conditional Use Permit (CUP) 05-02 was submitted by Delta Groups
Engineering (for Verizon), Applicant, to install a telecommunications facility on a
developed residential pro-perty located at 12601 Cobblestone Creek Road, in the Rural
Residential A (RR-A) zone, and
WHEREAS, the proposed telecommunications facility consists of nine panel
antennas on 11-foot-higti poles and associated equipment Nine 11-foot-high poles will
hold the panel antennas, and equipment cabinets will be mounted on a raised steel
platform with a height of 6 feet from the grade on the west side; and
WHEREAS, on May 31, 2005, the City Council held a duly advertised public
hearing to solicit commentsfr()m 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, Environmental Quality Act (CEQA), pursuant to Section
15303 of the CEQA Guidelines, in that the project involves the installation of a small,
new telecommunications facility providing a utility extension to serve the surrounding
areas,
Section 2: The findings, il;l C!ccordance with Section 1748070 of the Poway
Municipal Code, for CUP 05-02 to install a telecommunications facility on' property
located at 12601 Cobblestone Creek Road, in the Rural Residential A (RR-A) zone, are
made as follows:
A The proposed location, size, design, and operating characteristics of the
proposed telecommunications facility are in accord with the title and purpose of
Chapter 1748 of the 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, and screened such that it will
not result ih visual impacts to the surrounding community
B The location, size, design, and operating characteristics of the proposed
telecommunications facility will be compatible with and will not adversely affect or
be matE!rially detrimental to adjacent uses, residents, buildings, structures, or
natural resources in that the facility has been designed and sited such that it will
not result in visual impacts to the surrounding community The antennas will be
, . . 17774
Resolution No P-05-40
Page'2
located on tHoot-high poles and will not be readily visible to the public, The
equipment' .will be also located on a raised steel platform that is 6 feet above
grade on, the west side, The use will compjy with Federal Communications
Commission (FCC) design and operational standards, The facility is unmanned
and will not create traffic impacts,
C The proposed telecommunications facility is in harmony with the scale, bulk,
coverage, and density of; and is consistent with, adjacent uses in that the
proposed facility will be located in a rural hillside area and 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 harmful effect upon the desirable surrounding property
characteristics in that the proposed telecommunications facility has been
designed, sited, and screened such that it will not result in a visual impact to the
surrounding community, and the facility will comply with FCC design and
operational standards,
F The generation of traffic will not adversely impact the capacity and physical
character of the surrounding 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 proposed telecommunications facility will enhance
telecommunications coverage in the City
H, There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed telecommunications facility is located on a
developed property and does not involve the removal of natural habitat
resources,
I There are no relevant negative impacts assoCiated with the proposed
telecommunications facility 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 telecommunications facility will not be
materially injurious to properties or improvements 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,
. . 17775
Resolution No, P-05-40
Page 3
K The. propgsedtelecommunications facility will comply with all the applicable
provisions of Chapter 17 48 of the Poway Municipal Code 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,
Section 3 The City Council hereby approves CUP 05-02, to install a
telecommunications facility, Which consists of nine 11-foot-high poles with panel
antennas, and associated equipment cabinets on a raised steel platform with a height of
6 feet above grade on the west side, on a developed residential property at 12601
Cobblestone Creek Road, as shown on the plans dated March 3, 2005, subject to the
following conditions,
A Approval of this CUP reqUest shall apply only to tlie subject project and 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.
B, 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 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 use and enjoyment of surrounding
uses,
D The conditions of CUP 05-02 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 of the current property
owner
E. CUP 05.02 may be subject to annual review, as determined by the Director of
Development 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 shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Building Permit issuance,
. . 17776
Resolution No P-05-40
Page 4
2, The site shall be developed in accordance with the approved plan on file
in the Development Services Department (dated March 3, 2005) and the
conditions contained herein, A final inspection from the appropriate City
Departments will be required,
(Engineering)
3. The applicant shall obtain a City Right-of-Way Permit from the
Engineering Division of the Development Services Department, and
complete the following work to re-furbish Cobblestone Creek Road, to the
satisfaction of the City Engineer, in the following locations:
a, Asphalt paving of the western porti.on of the return at Cobblestone
Creek Road intersection with Poway Road,
b, Asphalt paving of the northerly portion of the road generally located
across the driveway to 12771 Cobblestone Creek Road.
c, Asphalt paving of the potholes and damaged asphalt of the area
generally located west of the driveway to 12749 Cobblestone Creek
Road
Prior to beginning any work, the applicCjnt shall field review the above-
mentioned locations with City Engineering staff, to establish the specific
limits of the refurbishment.
4 A Right-of-Way Permit shall be obtained from the Engineering Division of
the City's Development Services Department prior to performing any work
within public street right-of-way or any City held easements,
5 For access to and from the project site, if other than through public streets
or roads, the applicant is solely responsible for acquisition of access/road
easements or agreements.
(Planning)
6, The specific materials used to paint the antennas and equipment shall be
depicted on the building plans.
7 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.
Upon issuance of the Building Permit and installation of the facility, 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, including any cumulative impacts of surrounding
telecommunications facilities, 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 The facility shall not
commence normal operations until it complies with or has been modified
. . 17777
Resolution No P-05-40
Page 5
to comply with this standard, Procifofcompliance 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 verification of the results of the analysis,
8. The antennas shall not be activated for use until a final inspection is
conducted by the City
9 The Building Permit plans shall include a utility plan that shows the
equipment layout.
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 05-02, the following shall apply'
1 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.
2, The facility shall be operated in such a manner as 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 source
exceed the noise standards contained in the Poway Municipal Code.
3. The owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit
4 Service light shall only be operated when maintenance is occurring on
equipment. Service light shall be adequately shielded and directed
downward to prevent light spillage on adjacent residential uses or
roadways.
5, The operator of the facility shall be strictly liable for interference caused by
their facility with City telecommunications systems or other public agency
emergency communication systems. The operator shall stop operations
of the cell site and determine the cause prior to restarting the facility The
. . 17778
Resolution No. P-05-40
Page 6
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, powering down systems, and
engineering analysis), and all costs arising from third-party claims against
the City attributable to the interference
6, The wireless 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 in any
inhabited area that exceed the FCC's Maximum 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 If there is any change in the manner in which the facility is
operated or change in the MPE, a report pursuant to Condition F 4 of this
Resolution shall be submitted to the Director of Development Services for
review and approvaL The Director may also require an updated report as
part of any review of this Conditional Use Permit
Section 4 The owner of the wireless telecommunications facility shall remove all of
the communication equipment, and associated structures, approved pursuant to this
permit within 60 days of ceasing'operation of the telecommunications facility
Section 5 The approval of CUP 05-02 shall expire on May 31, 2007, at
5'00 p.m, unless, prior to thai 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 31st day of May 2005 /
ATTEST
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L. lane Shea, City Clerk
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Resolution No P-05-40
Page 7
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIE~O )
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-05-40, was duly adopted by the
City Council at a meeting of said City Council held on the 31st day of May 2005, and
that it was so adopted by the following vote:
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE
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L, Diane Shea, City Clerk
City of Poway