Covenant Regarding Real Property 2004-1165297
, i 1IIIIIIIIIiIrnllllllllll~I"IIiI~il~IIII~I~I~I"1 ~IIIIII'
.~ ;j, .
~. ,BEC,ORDING REQUEST BY: ) 118S1
1. CITY OF POWAY ) DEe 10, 2004 1'35 PM
)
tl~>J ) OFFIC!.:.:..L FIECUF,[I~
:f1W'"WHEN RECORDED MAIL TO: ) '~,,-~u llIEr;U C~JUrH I F:EIJIF:[IEF:":, OFFICE
I~~i ~EGiJf-iI ,I <:;MITH CDUNT'r F:EUJF:[IER
) FEE: -:::: uo
CITY CLERK ) Pi:.,GE': "
.' ciTY OF POWAY ) I IllIil IIIli 11111 1111111111 11111 111111111111111 11111 1111111111 11111 11111 1111 1111
POBOX 789 )
P0WAYCA92074-0789 ) 2004,1165297
)
No Transfer Tax Due ) (This space forRecorder'sUse)
APN: 316-063-02 arid 05
COVENANT REGARDING REAL PROPERTY
Thomas J Farley, PROPERTY OWNER ("OWNER" hereinafter) is the owner of real
property described in Exhibit A,which is attached heretoanq made a part hereof and
which is commonly known as,Assessor's Parcel NUfnberAPN 316-063-02 and 05
("PROPERTY" hereinaftert In consideration ofthe approval of, 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'ofthe future owners,enc1Jmbrancers, successo~s, tieirs, personal
representatives, transferees and ,assigns of the respective parties.
,
In the event that CUP 04-13 expires or is rescinded by City Council at the
request of the OWNER, CITY shall expunge this Covenantffom the record title of the
PROPERTY
In the event of litigatioh 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 l ~ lL( 0 L{ By'
(Notarize) ,
Dated II -Ie .oc( By'
Niall Fritz, Director of Deve pment Services
V4'~30
.
. . 11832
CAI:.IFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~'<:-;- ~.c<',C('.<XAX'.e<>c<>C<>c('.&';C<'.c<'A:Y'.c<'..c<'..c<'..C<'..,,('j('.c<:'A5<'~~.c<'A!X:;-_. -:Y.'
I'
1 State of California } ss
I' 5AtJ DllShl:>
County of
On 1ElbW\"1L IJ G004 ,before me. ~~e~,~~itl~O~~J,,~l;'~~,,~eLI<"',
D,t
personally appeared 7J[;".., s T;::;;"vey
. Name(s) ofSigf1er(s)
~rsonally known to me
o proved to me on the basis of satisfactory
evidence
to be the person~ whose name(;Jl is/(lH!
subscribed to the within instrument and
ROBERT J, HOADLEY acknowledged to me that he/siielt!)ey executed
_ ~ Commission # 1370573 z
, ~ ,""; .. Notary Public - California ~ the same in his/~/tb8il' authorized
, z. San Diego County capacity(~ and that by his/~/tbl5ir
, . MyComm. ExpiresSepl,3, 2!Xl6 signature(~ on the instrument the person(,8l, or
, the entity upon behalf of which the persan~
,
" acted, executed the instrument.
,
,
,
,
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove vallfable, to persons relying on the document !
and could prevent fraudufent removal and reattachment of this form to another document.
~ Description of Attached Document
Title or Type of Document (' t>V",-, ,...... n.J"~ ~ p~
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer 1.'1
Signer's Name:
o Individual .
Top oi thumb here
, o Corporate Officer - Title(s):
, o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other'
Signer Is Representing:
~:<;;.,- _.~~"g,.~'G<;.'9V'G<;.~'G<;.~'Q(,.."Q(;.~~~'g.,,"'g;.~'g.:.;~X.;~X;'G<;"~ :;.>:~
I!) 1999 Natiomil Notary Association' 9350 De Soto Ave.. p.o. Box 2402; Chatsworth. CA 91313 2402' vlWW.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1.800.S76-6827
-.' I. I'. .
,- 11833 .
EXHIBIT "A"
That portion of the Nort~ Half of~heNo~t~east Quarter of Section
22, Township 14 ~o':!-th, Ra,nge 2 West, San Bernardino Base and Meridian,
in the Cou,rity of S,;;rn DIego, State of California, according to Official
Pl<lt thereof, described as follows:
Commencing at a poi~~ 9n t~e Southeasterl~ 1ine of that certain 80.00
foot County highway F.A.S.' 729-1 as shown ,on the map of the re];"ocation
of road survey NQ: 987 on file in the Office of the Courtty Surveyor of
said San Diego CounJ:.Y, said point of commencement being opposite
engineer's station, 100 plus 57.22 B.C.. on the center line of said
highway and b0ing th,e~eftterly terminus of' a e;urve in said
Southeasterly line concave; Southeasterly en9 having a'radius of
2360.00 feet, a radial line of said curve ~be?:ringNorth 35 Degrees 39 ,
Minutes 20 Seconds West; through said point'; thence Northeasterly along
said curve through a central angle of 4 Degrees :1.6 Minutes 22 Seconds
a dis'tance of 176.00 feet to the North~esterly qorner of land'
described in deed to, Robert C. Firth, et 1).X,recorded March 02, 1956
in Book 5998, Page 289 <is Doc1.lIilent No.. 286a~of Official Re~ordsi
thence along the Westerly and Southwesterly lilies thereof as follows:
South 3 Degree~ 58 Minlites .50 Seconds West 95. 30 feet to tIle beginning
of a tangent 100.00 foot, :i:'ildius curve, concave Northeasterly; thence
Southeasterly along the arc of said curve, through a central angle of
76 Degrees 38 Minlites 00. ,Seconds a distance of 133.75 feeti thence
tangertttosaid curve [,Sou.th 72 Degrees 39 Minutes 10 Seconds East
185'.46 feet to the Easterly corner of Firth"s randi continuing South
7,2 Degrees 39 'Minutes ,10, 'Seconds East :l73,.47 feet to a 'POillt herein
designated aspoint'"A"., also being_ thebegillJ:l.ing of atai1gent 150 .00
feet,radius cl.lrve, concave Northerly; thence, 'Easterly along said
curve through a centr9-1 ~gl", of lS Degrees, 39 Minutes 40. 'Seconds a
d,ista,nce of 42..,00 f~et,;. trence tangent tos,aii;i curve South as >Degrees
18 Minutes .50. Seconds, :'East '9'9.12 feet to a tangent 250.0.0. foot radius
curve, concave Norther:Ly;'t.hence Easte;,ly along said curve 84.9!lfeet
through an angle of ~9 Degrees 28 Minu,tes3'O Seconds to a point of
reversed curv-dturchavl,ng 'il- radius of 14.5... 76feeti thence Easterly
along said. curve 103,.60 'feet through anaIl9',le of 40 Degrees 4.3
Minutes 30 Seconds; thence tangent to said curve South 67 Degrees 0.3
Minutes 50 SecoridsEast 53.10 feet; thence South 70 Degree:a52Minutes
East '50.00. feet to the SouthwesterJ.:y' cb:tliet of the land described in
deed toD.,,,idR. Shepardson, et 1).X, recorded April 1.5, 1953 iriBook
4821., Page 290 ofOff:lcia:'l. Records; thence along the SoutherlY
boundary thereo,;" )3,outh 70. Degrees 52 Mimites 00 Second!> East. 25 . 00
feet and North 815 Degrees 46 Mim.ltes 0,0 ;!3,e,conds, East .1:19.. 90 feet to
the most We[;,t;cr1y r;;om,,,r of, land dE!!;,cr;!cbed in deed to ,Lazar J. Tarzan,
etux, recorded, July 22, 1958 as Filie<No. 1173S5 of Official Records;
thence aiong the southwesterly line ther<lof South 39 Degrees 30 '
Minl,lt"s :1.5 Seccmds. East 2;49.75 feet ,to the Southwesterly corner of
said Tarz.aniis lanq;t,he,nce, continuing, S9uth,}9 Degrees 30 Minutes 15
Seconds E{l.st ,i~1,25 feet; thence, Sout,h 21PElgrees 23 Minutp.s 15
Seconds East: 125',,60 fe,et' to the Nor!=,hwesterly corner of land described
under Parcel :1. of deed to Viola V. ,Herriot recorded March 02, 1956 in
Book 5998, Page 369 as Document No. 28,72~c;>f ,OffiCial Records; thence
Page 2
. , .
11834
EXHIBIT nA'"
(Continued)
along t~~ Westerly :lin8 thereof, South 21 begrees 28 Minutes is
Secpnds,East 20..00 feet. to the beginning ,Of a tangent 39.36 foot
F,i1ldiusc,urve,. concave Northwesterly, also being the TRUE POINT OF
B,EG1NNING; thence leaving' saip. Westerly liIle, Southerly,
Southwesterly, Westerly and Northwesterly along saidcuNe through a
centra:l angle of 'H2Deg-rees, 36 Minutes a, distance of t11.70 feet.
thence. tangent ,to said cur.v~., North 38 Deg:t'ees52 Minutes i5sec~nds
West 82.37 feet to the beginning of a taggeut 100.00 foot radius
curve, concave South~esterly; thence N~ryhwesterly along Raid curve
thro\lgh a centrala.ngl'e of 33 Degrees 25, Minutes 25 Second.<iadistance
of 58.34 feet to the_Northeasterly corner' of:: land desqribed in deed to
Lawrence E. o "Brien., I;ltux, recorded May 04, 1954 in Book 5226, Page
364 of Official Records; thence along the lol'ortherly line oj: said
O'Brien's land, contil1uing along said 100..00 foot radius curve,
t.hxoug-h a cen~rai 1l.11gle of 3,0 Deg-rees 44 Minutes 35Second!l a
dista.I?-ce of 18. 7S 'fe~t) tl1ence tangent to sai9curve,North 83 Degrees
02 Minutes 15 Seqgnqs West 297.86 feet toche, most Northerly corner
of said O'Br.ien's land,; thence leaving said: land and along the,
Westerly prolong<1.ti9!l of said Northerly line, th",reof, North 83
Degrees 02 Minutes 15 Seconds West to 'an lntersection with a line
which bears South, 2 Degrees 37 Minutes 10Secpnds West from said
point "A" as designat:l;ld;hereinabove;thence' 2 .Degrees 37 Minutes 10
Seconds West to the Southerly .line of said North Half of the 'Northeast
Quartfer; thEmcG:Eastep].'ycrlong said Southerly rine to the Southwest
corner of said Herriet's 'land; thence 'along the l-lesterly Ij.ne thereof,
North 21 Degrees 28 Minutes 15 Seconds West to the TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM that, portion of land, described as follows:
Commencing at a point on the Southerly lineo.f that !;'ertai:ti 80..00
foot County highway F,~A. S,. 729 -1 assho.wo on the map of the rel'ocation
of road sUIV"ey No. 937' on file in the 9ff,ice of the County 'Surveyor of
:;laid County, SOlid point being opposite Engineer's Station 110 plus
89.06 B.C. in the 'center' .line of said highw:aYiUld being also the
!';asterly terminus, of a, curVe iil said Southerly line conc"ve
Southeasterly and having a radius of 2360.00 feet; thence
Southwesceriy aro~g said curve throug'ha cen~ra1 angle of2Degr~es
54 Minutes, 48 SecondS 11 distance of '129.00 feet to a point ,through
which ii, ,rad'iaI,Yine, of said curve b~ars, :Nor,th 13 Degrees 56 Minutes
08 Seconds, 'West:; thence havit:ig the ~ollt;h_er~y Hne of said highway,
South 25 Degrees 42 Minutes 45 Seconds '~a.st 240.51 feet; thence North
81 Degrees' 13 Minutes 40 Seconds East 181..32 feet ;.thence South 28
Degre,es 2'gM1n':ltesEast 305..45 feet; thence South 62 Degrees 4?-
Minu.tesWest:;30'.. 71 feet' to the begi:nnil'Jg o.~ a tangent curve, concave
S9utheasterly and having a radi1.lsoi ',,",50.QO, feet; thence Southwesterly
along, said. curve 'through a central angle qf 46 Degrees 41 Minutes 30
Seconds a distance of :1:22.24 feet; thence 'tangent to said curve South
1;6 Degrees 00 ,Minutes 30 Seconds. wes,i:. 9'.,4,2, ,feet; thence Sout.h 39
begrees ~9Minutes 15 Seconds, East3'~LOO ,f",et:; thence., South 21
Degrees 28 MinUtes 1:5 Seconds East. ,1'4'5. GO feet to the beginning of a
tangentcurv:e, 'concave Norchwesterl y and having a radius q~ .3 9..3 6
Page 3
'- - r
" ,,'" · · 118.35
E:XHIBIT!'1\:~ !
( Continued)
feet;th~lice poucherly, Southwesterly,westedy ?-1).d Northwesterly
a,l'ong sal:d ctlrve_th.;-ough. a central angle' of, 162 Degrees 36 Miputes a
dis1:ance of 111.70 f,eetrthence tangent to sai.<J. curve North 38 Degrees
52 Minutes 15 'Seconds West 82.37 feet to, the oeginQi1).gOfa tangent
curve, concaye Southwes~er~y and having a raqius of 100.00' feet; .
thence'N.or,tll~esterlyalong said curvethroug~.a.central angle of 33
Degree~ 2,5 Minutes 25 SecOl,lds, a distance Of ,58,,34 . feet; thence along
a radial li1).e of said,curve South 17 Degrees 42 Minutes 20 Seconds
.West 20,00 ftlctto the TRUE POINT OF EJ!:GINNING; thence ret,racing
North 17 Degrees 42 Minutes 20 Seconds East along said ;::adjal line
20.00 feet: to a point. on, tne arc of said 100'.00 foot radius curve;
thence Nortl:1westerly,.along- said curve through a central angle of 10
Degrees 44 Minutes 35S.ec6nds a distance of,18 ,75 feet; thellce
tangent 'co said, curve No;rth .83 Degrees 02: :Minutes 1'5 Secon,ds W.est
297.86 feet; thence Spuch' 29 Degrees 03 Mj,nutes 4S Seconds West
173..17 feet; thence South 1 Degrees 26 Minutes West 87.36 feet;
thence Easterly' in a straight line 40ii' feet,rnore or less to the
Southerlytermrnus. Of a ~traight line drawn So,~fh 2 Degrees 37 . .
Minutes 10 Seconds: 'West, 214,,50 ,feet fr9n1 . t~e TRUE. PO!N'l', OF BEGINNING;
thence North 2Degr~,,"!l'37. Minutes 10 Seconds East 214.50 feet to the
TRUE POtNT OF BEGINNING.
Page 4
. - r
", .
. 11836
EXHIBIT B
RESOLUTION NO P-04-87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OFPOWAY, CALIFORNIA
APP~OVING CONDITIONAL USE PERMIT 04-13
ASSESSOR'S PARCEL NUMBER 316"063-02
.' WHEREAS, Conditional Use Permit (CUP) 04-13 was submitted by Delta Groups
Engineering (for Sprint PCS), Applicant, to install a telecommunications facility on a
developed residential. property 10cClted at 12601 Cobblestone Creek Road in the Rural
Residential A (RR-A) zone; and
WHEREAS, the proposed telecommunications facility consists of three panel
antennas on 12"foothigh poles and associated equipment Three 12 foot high poles will
hold the panel antennas, andeq!Jipment cabinets will be' mounted on poles with a
maximum height of 6 foot 10 inches; and
WHEREAS, on November 9, 2004, the City. Council held a duly advertised public
"
hearing to solicit cornments' from the public, both pro and con, relative to this
application,
NOW, TREREFORE, 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
ExelTlption from the California Environmental Quality Act (CEQA), pursuant to Section
15303 of the CEQA Guidelines, in that the project involves the installation of a srnall,
new telecommunicat[ons facilitY' providing a utility extension to serve the surrounding
areas,
Section 2: The findings, in accordance with Section 17 48.070 of the Poway
Municipal Code, for CUP 04-13 .to install a telecommuniCations facility on property
located at 12691 Cobblestone Creek Road in the Rural Residential A (RR-A) zone, are
made.asfollows:
A. The proposed location, .size, design, and operating characteristics of the
proposed telecommunications facility are in accord with the title and purpose of
Chapter 17 48 of the poway Municipal Code (Conditional Use Permit
Regulations), the General Plan, aM the development policies and standards of
'the City in that the 'facility has been designed; sited, and screened such that it will
not result in visual impacts t<ythe surrounding cornmunity
Be The locatioll, size,desigr, and operating characteristics of the proposed
telecommunications facility will be compatible with and will not adversely affect or
be inateriallydetrimental to adjacent uses; residents, buildings, structures, or
natural r~soLirges in that'thidacility. has been designed and sited such that it will
not result in visual impacts to the surrounding community. The antennas will be
., · · 11837
Resolution No: P"04-8T
Page 2
located on 1-2-foot high poles and will not be readily visible to the public, The
equipmenFWiU bealsQlbcated on 6~foot lO-inch high poles. The use will comply
with Federal Communrcations Commission (FCC) design and operational
standards, Thefaciiity. is 'unmanned and wiUnot create traffic irnpacts.
C. The proposed tele<:;ommunications facility is in harrnony with the scal~, bulk,
coverage, ~nd density of, and is consistent Yfith, adjacent uses in that the
proposed facility wiU b~ loc~~ed in a rural hiUside .area and will not exceed the
height of existing shrubber'yiand rocks on an existing residential property
D There are adequate, public,facilities, services, and utilities available at the subject
site to serve the proposedtelecornmunicationsfaeility
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 itwiU not result in a visual impact to the
surrounding community; ilnd the facility wiU comply with FCC design and
operational standards.-
F. The generation of traffic wiU 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 telecornmunications facility is unrnanned and
will only require periodic majntenance, 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 telecornrnunications facility wiU enhance
telecommunications coverage in the City.
. H. There wiU not be significgnt harmful effects upon environmental quality and
natural resources in that the proposed telecornm,unications facility is located on a
developed property ahd does not involve the removal of natural habitat
resources,
I There are no r,elevant negative impactl'! associated with the proposed
telecommunications facility that cannot bemitigat~din 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 win not be
materially injurious to properties or improvements in the vicinity, nor be Contrary
to the adopted GeneralPlan, in that theJacilityhas been designed and sjtedsuch
that it will' noi f€Jsult in visual impacts and will comply with FCC design and
operational--standards.
, . .
11838
Resolution No. P-04-87
Page 3
K. The proposed telecommunications 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 04-13, to install a
telecommunications facility, which consists of three 12-foot high poles with panel
antennas, and associated equipment cabinets on poles with a maximum height of 6 foot
10 inches, this will be located on a developed residential property, at 12601
Cobblestone Creek Road, as,shbwn on the plans dated August 17, 2004, subject to the
following conditions,
A. Approval of this CLIP request shall apply only to,the 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 ap~roval 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 CLIP 04-13 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 04-13 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 j3uilding 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
effectatthe time'of Building Permit issuance.
. . 11839
Resolution No. P-04-87
PageA
2. The site;shall be developed in accordance with the approved plan on file
in the Development Services Dep,aftlTlent (dated August 17,2004) and the
conditions contClined herein. A finalihspection from the appropriate City
Departments wilLbe' required.
3. The specific mat,erials used to paintthe antennas and equipment shall be
depicted on the building plans.
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 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. A report of these measlJrements, 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 comrnenGe
normal operations until it complies with or has been rnodified to comply
with this standard. Proof of compliance shalrbe 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.
5, The antennas, shall not be activated for use until a final inspection is
conducted by the City
6. The Building Permit plans shall include a utility plan that shows the
equipmenrlayout.
G Upon establishment of the wireless telecommunications facility, pursuant to
CUP 04-13, the following shall apply.
1 All facilities and related equipmellt shall be maintained in good repair
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minirnize occurrencesofdallgerous 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 holiaays, or between the hours of 10'00 p.m. and TOO a.m.
on weekday nights, At. no tirne, shall 'equipment noise from any source
exceed the noise standards contained:in the poway Municipal Code.
: . .
11840
.
Resolution No. P-04'87
Page 5
3. The owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with,tt\estandards set forth in this permit.
4 Service light sh'allonly 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 telecomrnunications 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
operator ~hall be respo'nsible 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 ftom'third-party claims against
the City attributable to the interference.
6 The wireless telecommunications facility shall'not be operated in such a
rnanner 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) lirnits 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
governrnent. If there is' any change in the manner'in which the facility is
operated or change in the MPE, a.reportpu(s,u(jntto Condition F 4 of this
Resolution shall be submitted to the.Directo~ of Development Services for
review and approval. The Director rnay also require an updated report as
part of any review of this Conditional Use Permit.
Section "4. The owner of the wireless telecorT)munici:1tions facility shall remove all of
the comn,unication 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 04-13 shall expire on Novernber 9. 2006, 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.
.
.. . .
'.
11841
.
Resolution No. P-04-87
Page 6
PASSED; ADOPTEQ ~nd APPROV!=D by the City Council of the City of Po way,
State of California, this 9th day of November2004.
ATTEST
STATE OF CALIFORNIA ) ,
)SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under
the penalty Qf perjury,. that'the foregoing Resolution, No.P 04-87 , was duly
adopted by the City Council .aLa meeting of said City Council held on the 9th day of
November 2004, and that itwas so adopted by the following vote.
AYES GOLDBY, HIGGINSON, CAFAGNA
NOES. NONE
ABSTAIN: NONE
ABSENT. EMERY, REXFORD