Covenant Regarding Real Property 2004-0957280
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2004-0957280
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\:ECORDING REQUEST BY' )
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. CITY OF POWAY ) OCT 08. 2004 8'38 AM
V WREN'RECORDED'MAIL TO: )
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CiTY CLERK ) ['Tt__ _,.::.,01-1
P.:.:f,E - ';
CiTY OF POWAY )
P 0 BOX'789' .) 1 111111 IIlil 11111 1111111111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111111
POWAY CA 92074-0789 )
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No Transfer Tax Due ) (This space for Recorder's ,Use)
APN: 317-021-24 and 29
COVENANT REGARDING REAL PROPERTY
Ronald Roney and JUdith'GaYRo'ney,; PROPERTY OWNERS ("OWNERS" hereinafter)
are the owners of real property,described in ExhibitAwhich,is attached hereto and
rnade a pari hereof and which is commonly known as. Assessor's Parcel Nurnber 317-
021-24 and 317-021.29 ("P-ROPER1'Y" hereinafte~). In .consideration of the approval of
CUP 04-04, by the City ofPowa,y,("CITY" hereinafter), OWNERS hereby agree to abide
by conditions of the attached resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the
benefitof the future owners"encumbrancers, successors,.heirs, personal
representatives, transfereesand:'assigns of the respective'parties.
In the event that CUP04-0~l expires or is rescinded by'City Council at.the
request oftheOWNERS,CITY shall expunge this Covenant'from the record title of the
PROPERTY
In the eventof litigation to enforce the provisionsofthis Covenant, the prevailing
party shall be'entitled to fullTeirribursement of all costs, including reasonable attorneys'
fees, from the other party
dWNER.
Dated a.qr S 2o-UJ_By-~12 ~
) Ronal,d Ronl:Y (t\Jotarize)
OWNER..
,.6l/-- ~CJ if B:
Dated. .J;J , .
d ith Gay Roney (Notari
CITY OF POWAY
Dated: 1;: '1fvQ By' R: ~
Niall Fritz, Director 0 Developrnent Service
Ol./ ~rbt
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CALlFORNIAAI.:L.PUflPOSE ACKNOWLEDGMENT
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County of St>tJ pzt:GO '.
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, On ccror,<:'L '5, :100'-1 , before me, 'J::,2.QJc3. "--",-vGe:<- I::
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Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public")
personally appeared 14"'~O EL<-CS' /i-6N'!::j .A"''' .:r....D",N G "t f4:;iJ~
Namels) ofSigrer(s)
o personally known to me
)?I proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
, Ii" - ~~,- -, capacity(ies), and that by his/her/their
, signature(s).on the instrument the person(s), or
, _ '.' Commission ....39B685 the entity upon behalf of which the person(s)
, i NoIQrY PublIC , CaitlorriloJ
j San DIego County I acted, executed the instrument.
.' MvCClr!lro.Ellp!resFebh:llXl7 WITNESS my hand and official seal.
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Place Notary Seal Above ~~bli'
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Though the information below is not required by law. it may prove valuable to persons refying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
I Signer(s} Other Than Named Above'
I
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Top of thumb here
o Corporate Officer;- Title(s):
, o Partner - 0 Limited 0 General
" o Attorney in Fact
" o Trustee
D Guardian or Conservator
o Other:
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I Signer Is Representing:
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@1999NationaINotaryAssociatlon'9350D..SotoAve., P,O. Box 2402. Chalsworth. CA 91313-2402' www,nationalnolary,org Prod: No. 5907 Reonier CaIlToll.Free18ClO-S76-6827
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- EXHIBIT"A"
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All that ceq;aln [eal propertY situated in the County6fSan Diego, State of-
C,aliforj1Ia, described as follows:
Parcell:'
TheWesterly 145'feet.orthe Easterly 515.00 feet (said dimensions being
measured along the Np~~!'i!f:ly .line) of Lot 26 in Trckf"F" of Poway, In the County
of-San D.i~go, State of Califor(1ia, according to Map thereof-No. 536,'filedin the
Office of the County, May'7-, -1888.
Excepting therefromthatportio.n of said Lot 2,6 whi$h wo~ld,be included within
the l)Jorth 3 ~cres,ofthat portion. of Lots 26 and 35in sjlig Trust "F" lying
Westerly of the Westerly: line of the Easterly 370,00 feet'(measuredalong the
NortherlY line) ofsaicl Liit;26;
Also excepting therefrom that portion of lying Southerly of a Iineiwhichoears
South 89037'48" Wesffrom..the Southwest corner' of Parcel 3 as'shown.at Page .
3046 'ofParcef Mapsftlednn the Office. of theG:ountY Recorder of;San Diego
County, September 19, 1974.
Note: The basisof.,bearings!ofthe above described land beIng the Westerly line
of said Parcel Map No. 3046, i.e.: North 00022'12" West.
Parcel 2:
An easement and right ()f.way for road and Litility purposes and appurtenances
thereto, to be used in ,common with others, over; under; Cllong and across that
portion of theWe!;terly59.PQ f!!e,t 6fthe Easterly 551.00 feet (said dimensions
being measured plongthe Northerly:line) of Lot 26'ln;Tract "F" of Po Way In the
County of San.Dieg(), State eWCalifornia, according to Map thereof No; 536 filed
in the Office of the CountY'Recotder'of San Diego!~O!Jn.ty, May 7, 1888 lying
Southe~ly of tbe;W,es~erlY: Pxolongation of and the Northerly line of Parcel 1
hereinabove described. '
Excepting therefro.m that portion lying within Parcel 1 hereinabove described.
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Assessor's' Parcel Number: 3:17 -021~24~OO 317 -021-29-00
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RESOLUTION NO P-04'-66
.A RESOLU110N OF 1HE.GIJYCOUNCIL
OF THE CITY OF POWAY,CALlFORNIA
APPROVING CONDITIONAL USE PERMIT 04-04
ASSESSOR'S PARCEL NUMBERS 317-021"24 and 29
WHEREAS, Conditional Use Pe[rnit (CUP) 04"04 Was submitted by Verizon
'Wireiess', ,Applicant, to install a. telecommunica.tions facility on a developed property
located at 12318 9th Street in the General Cornrnercial (GC) zone, and;
WHEREAS, the proposed telecornrnunications facility consists of antennas
mounted to the existingb.uHding (i.e, 12 panel-type aQtennas and one parabolic
antenna mounted to the east, north, and south fa(;ades),.and equipment to be located in
an existing storage space, and;
WHEREAS, on September 2,1, 2004, 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 Po way
as follows:
Section l' The proposed project is Categorically Exempt as a Class 3 Categorical
Exemption .from the California Environrnental Quality Act (CEQA) pursuant tQ Section
15303 of the CEQA Guidelines, in that Hie project inyolves the installation of a small,
new telecommunications 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 04-04 to install a telecommunications facility on property
located at 12318 9th Street in the General Comrnercial (GC) zone, are made as follows:
A. The proposed locatiqp,~ize, design, and ope!atirigcharacteristics of the
proposed telecommunications facility are in accord with the title arid .purpose of
Chapter 17 48 of the Poway Municipal Code (Conditional Use Permit
Regulations), the General Plan, and thedeveloprnent policies and standards of
the City in thatthe facility has been,design!:!d, sited, and screened such that it will
not res'U1t in visua.l impacts to the surroLinding community
B The location, size, design, andoperatihg characteristics of the proposed
telecommunicationsJacility will be compatible with and will not adversely affect or
be rnaterially 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 vjsual impacts to the surrounding co[1irnunity The antennas will be
located behind racjio transparent ma.terial fagacje extensions and will not be
visible to the public. The equipment enclosure wiil be located in an existing
EXHIBIT B
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Resolution No. P-04-66
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storage 'space. ~he. use will comply with. F~der?l Communications Commission
(FCC) de~ign and qperati6nal 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 b.e "located behind radio transparent fayade extensions on
an existing mini"storage .building.
0 There are adequate public.faeilities, 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 thEjt- th.eproposed telecommunications facility has been
designed, sited, and sc'reened such that it will not result in a visual irnpacl 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 thi;) 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 telecomrnunications facility will enhance
telecommunications coverage in the City
H There will not be significant harmful effects upon environmental quality and
natural resources ilJ thaVthe 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 irnpacts associated with the, proposed
teleco.i)1[i1uhicatiohs facility that cannot be mitigated in that the facility will cornply
with FCC design and operational standards.
J That the p'otential impacts, and the proposed loc.ation, size, design, and
operating characteristics of the proposed tele.communications facility will not be
materially injurious to properties or imph)y~ments in the vicinity, nor be contrary
to the. adopted General Plan,pin t,haHhe 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 comply with all the applicable
provisions of Chapter 17 48 of the Poway Municipal Code in that the facility has
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Resolution No. P-04-66
Page 3
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 04c04, to install a
telecommu"nications facility, consisting of12 pan~1. antennas and one parabolic antenna
'mounted behind a radio transparent fayade, and an equipment enclosure, which will be
iocated in an existing storage space, at 12318 9th Street as shown on the plans dated
June 29, 2004, subject to the following conditions:
A. Approval of this CUPrequest shall apply only to the .subject project and shall not
waive compliance with all sections of the Zoning Ordinance and all other
applicable City Ordinantesin effect at the time ofSuilding 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'shallexecute 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.
o The conditions of CUP 04-04 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, succe'ssors, heirs, and transferees of the current property
owner
E. CUP 04-04 may be subject to annual review, as determined by the Director of
Dev,eloprnent Services" for compliance with the conditions of approval arid to
address coricerns that may have been raised during the'prior year
F The applicant shall obtain (j' Building Permit prior to installation of the facility
Prior to issuance of a Building Per,init,ttie applicant shall comply with the
following:
1 The applicant shall comply with lhelatest adopted Uniforrn Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the tirne of Building Permil'issuance,
2. The site shall be developed in actorda~ce with the approved plan on file
fn the Developrnent Seivices Department (dated June 29, 2004) and the
conditions contained herein A final inspection from the appropriate City
Departments will be required
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Resolution No P"04-66
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3 The specific l1)aterials used to create the paint and texture of the .radio
transparentrnaterial to hide the antenr:1asshall be depicted on the building
plans. The selected building and roofing materials shall rnatch, as closely
as possible, the existing walls 'and roof to the satisfaction of the Director
of DeveloprnerifServices.
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 Perniit' and installation of the facility, the
applicanS shall hire a qualified electrical engiileer licensed by the State of
California to measure exposure levels at the location after the facility is in
operation. A report of these measurements: and the engineer's findings
with respect to cornpliance with MPE limits, shall be submitted to the
Director of Development Services.. The facility shall not commence
normal operCltions until it cornplies with or has been modified to comply
with this standard. Proof of compliance shall be a certification provided by
the. engineer whbprepared the origiilal 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
equipment layout.
7. Install vinyl slats in the chain link fence for the generator enclosure.
Engineering:
8. A Right-of-Way,Perrnit shall be obtained from the Development Services
Department - Engineering Division prior to perforrning any work within
public street right"of-way or any City held easement.
G The applicant shall construct the following imprbvernents to the satisfaction of the
Director of Safety Services:
1 A 2A.1.QBC fire extinguisher must remain in place in the equiprnent
storage area. The location to be approved by the Fire Marshall.
H Upon establishrnent of the wireless telecommunications facility, pursuant to
CUP 04-04, the following ,shall apply'
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Resolution No P-04-66
Page 5
1 All faCilities arid 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 shaH be operated in sLich a manner as to minimize any
possible disruption caused by noise. Backup generators shall only be
operated durrng periods of power outages, and shall not be tested on
weekends or holidays, or between fhe hours, of to.OO 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 thePoway 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 The operator oftheifaCility shall be strictly liable for interference caused by
their facilities with City telecommunications systems or other public
agency emem~ncy communication systems. The operator shall stop
operations 6f,the c~II' site and determine the cause prior to restarting the
facility The operator shall be responsible for all labor and equipment
costs fot determ'iriing the source of the interference, all costs associated
with eliminating the' interference (including, but not limited to, filtering,
installing cavities,ibstalling directional.antennas, powering down systems,
and engineering analysis), and all costs' arising from third-party claims
against the Cityattri.butable to the interference.
5 The wireless telecommunications facility shall not be operated in such a
manner that it poses, either by itself orin 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 ariy 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
qperated or cha.nge, 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 theitelecommunications facility
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Resolution No P-04-66
Page 6
Section 5: Theapprovai' .of CUP 04-04 shall expire on Septernber 21, 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,
PAS$ED, ADOPTED and ~PPROVED by the City CounCil of the City of Poway,
StateiofCaliforriia, this 21 st day6f September 2004
ATTEST
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, InterirnCity Clerk ofthe City of Po way, do hereby certify, under
the penalty of perjury, that the foregoing Resolution. No P-04-66 , was duly adopted
by the City CounCil at a meeting of said City Council held on the 21st day of September
2004, and that it was so adopted by the following vote
AYES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN: NONE
ABSENT' NONE