Covenant Regarding Real Property 2004-0934072
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RECORDING REQUEST BY )
. . .) OCT 01, 2004 9'03 AM
,CITY OF POWAY .)
) UFFIU~L F:ECCiF:C":,
'WHEN'RECORDEDMAIL TO') :,",Ii CqEC;I,,'CiUI'j]', REcuF:['ER'~, CirrlCE
.) CHEC10Fi'l ,I ':,~,..jITH cour-n'1 RErIIF:[IEF:
FEE':, CI.UD
CITY CLERK ) ~ F'OI,[', 'J
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POWAY CA 92074-0789 )~I'~
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No Transfer Tax Due ) \ con (This space for Recorder's Use)
APN: 278-450-27
COVENANT REGARDING REAL PROPERTY
poway Unified School Distric:;t,PRORERTY OWNER ("OWNER" hereinafter),. is the owner of
real property ("PROPERTY" hElr:einafter), which is commonly known as Assessor's Parcel Number
278-450-27 and more particularly described in Exhibit A.
In cOrisideration of the,approval of Conditional Use Permit (CUP) 00-21 M; a requestto install
a wireless telecommunications facility on PROPERTY, by the City of Poway ("CiTY" hereinafter),
OWNER hereby agrees to abide by tnecoriditions of approval iri'the attached Resolution (Exhibit,B).
This.Covenant shall runwith'the land and be binding upon,andinure to the benefitof the future.
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that'CUPOO"21Mexpires or is rescindedbyCity Council atthe request of OWNER,
CITY shall e'xpunge this Covenant 'from the record title of PROPERTY
In the event of Iitigation;tpenforse the provisions of thisCo~enant, the prevailing party shall be
entitled to full reimbursement of aiL costs, including reasonable attorneys'fees, from the other party.
OWNER~"l l.t{IIF\~b 5CliOOL \:)\s,-w.\(f
Dated: <11~Dlf By' ~ ~~.
~ () . ' (Notarize)
Dated: L ol.~ .0'_ By'
eloprnent Services
M :\planning\04report\cup\OO-21 M\cov .doc
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CALIFORNIA AlL.PURPOSE ACKNOWLEDGMENT
State of California } ss
I
County of ~an VA "go I
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Sep:tembV1. 10 , I
On 2004 before me, Su.6an E. Readl1. No:taJ1.Y Pubue
DatI! Name ano Tille 01 Qr!rcer (e,g., 'Jarle Doe, Notary PulJlic")
personally appeared Voug Mal'll'l
~JameIS) of Signer(sl
'lli!. personally known to me
I o proved to me on the basis of satisfactory
evidence
I
I to be the personts) whose name(s) is"",,,
I subscribed to the within instrument and
SUMN I.IIfMlY acknowledged to me that he/3I\efthey..executed
I @ ea":,) '..1~1I the same in his/h<;(/thel<.. authoriied
- . NlIlaIy PIdllIc . c:GIIamIa capacity(-ies), and that by his/Aarftlleit:.
San a.iID 0luI)lf
IIIrCom\; 1llplIa.lWl 18, signature(s). on the instrument the person(s), or
the enti!y upon behalf of which the personfGl
acted, executed the instrument.
I
WITNE my hand and official seal. I
Z!r I
Signatur"lofNotary Pl1;<;
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying 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: Covel'lant ~egaJ1.djl'lg ~eal P~op~y (CUP) ,I
Document Date: Sep:tembV1. 10. 2004 Number of Pages: 8
Signerls) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Voug Mal'll'l I
.
D Individual Top of thumb here I
D Corporate Officer - Titie(s): Ex.e.etLtive V-Utec.:to~ 06 Fa~e-6 I
D Partner - D Limited D General
D Atiorney-in-Fact
[ D Trustee
D Guardian or Conservator
D Other"
Signer Is Representing: Powalf Uru:.M,e.d Sc.hoo.l'. Vi6VUc.:t
"
@ 1999 Nallonal Notary Association 9350 De Solo Ave" P.O Sox 2402 . Chal.sworth. CA 91313-2402 www.nationalnotary.org Prod No 5907 ReorOer: Call Toll Free 1.800-876-6827
. . Order No 9710678
EXHIBIT A
EXHIBIT "ONE;;
PARCEL 1:
THAT P9.fnlON OF SECTION31, TOWNSHIP 13 SOUl:H, RA~~~1 WEST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE CITY OF POWAY, ACCORDING TO THE U S. GOVERNMENT SURVEY
THEREOF APPROVED SEPTEMBER'21, 1975, DESCRIBED As FOLLOWS:
BEGINNING AT A POINT IN THEWEST LINE OF THE EAST HALF.OF THE SOUTHWESTQUARTER OF
SECTION 31, WHICH IS DISTANT THERSON NORTH 1037'55" WEST 41.75 FEET FROM THE
SOl:JTHWEST CORNER OF THE NORTHEAST QUARTER OF SAIDSOUTfjWEST QUARTER; THENCE
SOUTH 89014'49" EAST, 63330 FEET;. THENCE NORTH 89044'21" EAST 238.22 FEET; THENCE
NORTH 89010'11" EAST 459 00 FE~T MORE OR LESS, TO THE CENTERLINE OF THE COUNTY RQAD
KNOWN AS ROAD SURVEY NO. 335, AS SAID CENTER LINE IS DESCRIBED IN DEED TO THE COUNTY
OF SAN DIEGO, RECORDED AUGUST 12,1937 AS DOCUMENT NQd71671N BOOK 669, PAGE484
OF OFFICIAL RECORDS, THENCE NORTHERLY ALONG SAID CENTER LINE TO THE NORTHERLY LINE
OF THE SOUTHERLY 340 OOFE~f brTHE NORTH HALF OF SAID SECTION 31, THENCEWtSTSRLY
ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 340.00 FEET, TO THE WESTUNEOF THE EAST
HALF OF THE WEST HALF OF SAID SECTION 31; THENCE SOUTHERLY ALONG SAID WEST L1NETO
THE TRUE POINT OF BEGINNING.
PARCEL 2.
LOT E OF CITY OF POWAY TRACT4093.R,.IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
-' '-' - .
STATE OF CALIFORNIA, ACCORQING TO MAP THEREOF NO. 11396, IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1985.
PARCEL 3:
LOTF OF CITY OF POWAY TRACT 4093,R, IN THE CITY OF POWAY,COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 11396 FILED IN THE OFFICE OF THE
- ~ ".-~,
COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON DECEMBER 19, 1985
Assessor's Parcel No: 278-450.27
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2
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EXHIBIT B
RESOLUTION NO P~04c6b
A RES.c,:>LUTION OF THE CITY COUNCIL
OF THE:CITYOF POWAY, CALIFORNIA
APPROVING CONDITIONAL USEiPE'RMIT 00c21M
ASSESSOR'S PARCEL NUMBER 278-450-27
WHEREAS, Conditional Use Permit (CU8) O.oc21 M was submitted by Verizon
Wireless, Applicant, to'install a telecommunications facility at Poway High Schoollbcated
at 15500 Espola Road in the Public Facilities (PF) zone, and,
WHEREAS, the proposed, telecommunications facility consists of six panel-type
antennas, one global positioning satellite antenna, and one parabolic dish, antenna
mounted to an existing sports. field light pole, and ancillary ground-mounted equipment,
adjacent to the track field; along EspoJa Road and;
WHEREAS, on September 7,2004, the City Council held a duly advertised public
hearing to solicit comrnenis 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 pr6jeci 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,theinstallation of a small, new
telecommunications facility providing a utility extension to.serVe the surrounding areas.
Section 2: The fincjihgs, in accordance with Section 1748070 ofthe Poway Municipal
Code for CUP 00-21 M to install a ielecommunications facility at Poway High School in the
Public Facilities (PF) zone, are made as follows:
A. The proposed location"size, design, and operating characteristics ofthe proposed
teJecolTlmunicationsfacilityarein accord with the title ahd purposeofChapter17 48.
of the Poway Municipal Code (Conditional Use Permit'Regulations), the General
Plan, and the development policies and standards.oftbe City in that the facility has
been designed, sited, and screened such that it'\vill 'not result in 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 materially detrimental to adjacent uses, residents; buildings, structures, or natural
r~sources in t~Clt the facility has been design'ed;an~d,sited such that it will not result
in visual impacts to the surrounding community The use will comply with Federal
Communications Commission (FCC) design and operational standards. The facility
is unrnanned and will notcreate traffic impacts.
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Resolution No P-04-60
Page 2
C The proposed telecommunications facility. is in harmony with the scale, bulk,
coverage, and densityof;,ahd is consistent with, adjacent uses in that the proposed
facility will be located on an existing sports field light pole
0 There are adequate publiC'facilities, services, an(j utilities available arthe,subject
site to serve the proposed.telecommunications facHhy
E. There will not be a 'harmful effect upon the desirable surrounding property
characteristics inthatthe proposed telecomrnunications facility has been designed,
sited, and screened such that it will not result in a vi~Qal 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 th~ 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 telecornmunications facility will enhance
telecommunications coverage in the City
H. Therewill not be signific.antharrnful effects upon environmental quality and natural
resources in thaUhE,! proposed telecornmunicationsfacility is located on a developed
property and does not involve the removal of natural habitat resources.
I There are no relevant negative impacts ass()(;iated with the proposed
telecommunications facility that cannot be mitigated in that the facilitywill comply
with FCC design and operational standards.
J That the potential impacts, and the proposed location, size, design and operating
characteristics of the proposed telecommunica.tions facility will not be materially
injurious to propertiesorimprovernents 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 cornply with FCC design and operational standards.
K. The proposed telecommunications facility will .cqmply with all the applicable
provisions of Chapter 1748 of the Poway MUnicipal Code in that the facility.has
been de,signed anc:J sitedsuchthat it will not result in .visual impacts and will comply
with FCC design and operational standards.
Section 3 The City Council hereby approves CUP 00-21 M to install a
telecommunications facility at Poway High School at 15500',Espola Road, as shown on the
plans dated March 1, 2004, subject to the following coriditions.
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.Resolution No. P-04c60
Page 3
A. Approval of this CUP request shall apply only to. the subject project'and.shall not
waive compliance with all sections ofthe Zoning Grdinance 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
(Resolution No P-00-85j.
0 The conditions of CUP 00-21 M shall remain in ef(ect for the life of the subject
wireless telecommunications facility and shalLrun withtheland and be binding upon
future owners, successors; heirs, and transferees of the current property owner.
E. CUP 00-21 M may be subject to annual review as determined by the Director .of
Developrnent Services for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year
F The size of the parabolic dish antenna shall be reduced to be no greater than 2 feet
in diameter
G The applicant shall oQtaina Building Permit priorto installation of the facility Prior
to issuance of a Building Permit, the applicant shall comply with the following:
1 The Poway Unified School District (PUSD) has indicated to the City that the
project will require Department of the State Architect (DSA) approval. The
applicant shalLobtainapproval from the DSA,andprovide docurnentation of
that approval to the City, before submittal ofthe Building Permit application.
2. The applicantshallcomply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect atthe time of Building Permit issuance.
3 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
4 Th.e operator shall submit calculations. specifying the FCC's Maximum
Possiole Exposure (MPE) levels in inhabited areas within 500 feet of the
facility in the'areas that the levels produced,areprojected to be highest. Upon
issuance of the Building Permit and installation of the facility, the applicant
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Resolution No P"04-60
Page 4
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 measurements, and thwengineer's findings with Tespectto
cornpliance with MPE limits, shall be submitted to the Director of
DevelopmeritServices. The facility shallnorcomrnence normal operations
until it complies with or has been modified.. to comply with this standard.
Proof of compliance 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.
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
equiprnent layout.
H. Uponestablishrnent. of the wireless telecommunications facility, pursuant to
CUP 00-21 M, the following shall apply'
1 All facilities and related equipment shalLbe.maintained in good repair Any
damage from ariycause shall be repaired as'soon.as reasonably possible so
as to rninimize occurrences of dangerous'conditions or visual blight.
2. The facility shall be operated in such a rnan.ner 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 standaras settorth in this permit.
4 The operator of the facility shall be strictlyliaole for interference caused by
the faCility with City telecomrnunicatiOns systems or other public agency
emergency communication systems. The operator shall stop operations and
determine the cause prior to restarting 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 lirnited to, filtering, installing cavities, installing directional
antennas, powering down systems, and ehgfneering analysis), and all costs
arising from third party c1airns against the City.attributable to the interference.
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Resolution No. P-04- 60
Page 5
5 The telecommunications facility shall notbe.operated in such a manner that
it poses, eitherbyjtselfor in combination\vith other such facilities, a potential
threat to public health. To that end, no facility. or combination ciffacilities
shall produce, at any time, power densities in any inhabited area that exceed
the FCC's Maximum Permissible ExposLire JMPE) 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 5 of thisResolution shall be submitledto the
Director of Development Services for revi~w 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 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 00-21 M shall expire on August 31,2006, 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.
PASSED, ADOPTED ancl APPROVED by the City Council of the City of Poway,
State of California, this 7th dayof Septernber 2004
ATTEST
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Resolution No. P~04- 60
Page 6
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk ofthe City of Poway; do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-04-.60 , was duly adopted by
the City Council at a meeting of said City Council held on the 7th 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
e Bunch, Interim City Clerk
of Poway