Covenant Regarding Real Property 2002-0415364
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" ~'\ . DOC . 2002~0415564
RECO~DING REQUEST BY: ) MAY 16. 200:;::> 8: '17 Ai"';
)
CITY OF POWAY) OFFICIAL RECORDS
) Oi4'09 6 iJANDIEGO~COUHT'! RECORDER'S.OFPICE
WHEN KECORDED'MAIL TO: )' . GREGOR'!' J, SMITH. COUNTY RECORDEf'
) FErn: 28.00 .'
CITY CLERK" )
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,p COVEN~NT REGARDING REAL PROPERTY
I eX',
WCASlnt, .(c/o Anton K. Simson), PROPERTY OWNERS (...OWNER" hereinafter) are the
owners of real property ("PROPERnf" hereinafter).which is commonly known as Assessor's
Parcel Nurilber'321'190-31 ,and more partitularly-aescribed as follows:
Lot E30()f.,the County of Sari Dieg9 Trad3864, in th~ City of Po way, Countx of Sari.
Diego, 'State of California, actordlngto mapthere6(no. 9i66 , riled in the Office of
the County Recorder of San Oiego .County, August 10, 1980;,
In,considerationofthe approval of Conditional Use Permit (CUPc) 01-15, a requesttoiallowthe
installation of'awirelesscoinmunicatiorifacility on PROPERTY;,'bythe CitY of Poway ("CITY"
hereinafter),OWNER hereby;agtees-t6,'abide by conditiorls.ofihe attached resolution (Exhibit A),
This Ccilienant'shallrun with the land and bebinding'upon andinure"to the benefit of the
future owners,encumbrancer~; successors, heirs, personairepresentatives, transferees'and
assigns 6fthe respeCtive parties.
IIJ the event that CUP 01'1ti expires or is rescinded;by.City'Council at the request df
OWNER, CITY shall expunge'this,Covenant from the record title of PROPERTY
In theeventof litigation to enforcetheprovisionsofthis,Covenant, the prevailing party shall
be.entitledto'full reimbursement'of,ailicosts, including'reasonaoleattorneys'fees, from',the other
party
OWNER:
Doled Y-Z-t1;'; By ~L"~h
-'1\nt n . Slmson . (Notarize)
CiTY OF'POWAY
Dated: ')/2=>/(;)-: By' /v:;.'
Niall Fritz, Director of Deve
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, CALlFORNJA 'ALL~PURPa ACKNOWLEDGMENT . 04097
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!State,o! . CJ..gtJ> "" e,';
County'of Sa",,~,~v
On .tJ?au '7 'd<JD "- .before,me, (..,I.J~DIB-L GILL
./ Dille. . Name and,TIUe oj Officer le.g" ,"Jane Doe, Notary Public')
person'ally appeared {J-N-rbN ~ t3'i4-rS 5ii1JsoAl - -
Name(s) 0' Sjg,ner(~)
ti personally, known to me - OR - d1lroved to me on'fhebasis.of'satisfactoryevidence to:be the person(s)
... ',' whose nanie(s)is/ares'ub'scribed,to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/theiLauthorized capacity(ies),andthat by
his/her/theirsignatu[e(s) on,the instrument the person(s),
~ .... "" ..... ," ^ '^ ^: ". ..... " '^ ^.,~^ -( or the entity. upon behalf of which the person(s) acted,
I (i ","0'" OC'C · executed the.instrument.
:'P.... " C0MM.'#1305216 (")
,ti: .~-, . t 'NOTARYF;'UBL_1C-CAlIFORNIA ~ WITNESS, my hand and official. seal.
(0" 1'.,' S~N DIEGO COUNTY,,, _ 0)
:"My Comrl1~Explres June.18. .:.CO;J- (
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~igna!ure of Notary PlJblic
. OPTIONAL
Though the information-be/ow,isnot'requiredby)aw,:it-may prove valuable,topersons,:relying:on:lhe document and,couldprevent
fraudulentremovaJ.and,{eattachment of this form tb.'anoth~fdocurrient.
Description of Attached Document
Title orType of Document: Ct:inv~"'a "r ;(t"-D~d:"'J ;2;..j ~JfU;;-
I
Document Date' Number of Pages:
Signer(sj 0t,herThan Named Above' .
Capacity(ies) Claimed bySlgner(s)
Signer's Name: Signer's Name:
o Individual o 'Individual
o Corporate Officer o Corporate Officer
Title(s): Title(s):
o Partner- 0 Limited 0 General o Paitner- 0 Limited 0 General
o Attorney,in,Fact o Attorney,in'Fact
o Trustee o Trustee
o Guardian,or!Conservat()r . tJ Guardian, or <:;onservator
o Other- Top,Of thumb here o Other' Top 61'thuriib-hede
Signer'ls Representing: Signer Is'Representing:
~/:"'~"
C 1994 National Notary Assoeialion. 8236 Remmel Ave"IP.q. ~x 7184'~ Canoga'parit, CA 913()9-7184 Prod.'No.5907 Reorder: Call Toll-Free' '.600-B76-6l!27
. E>CHfBIT A . 04098
RESbt..:UTION ~o P-02"14
A RES0LUTIONOF THE~CiTY COUNCIL
-' ",- - - " - - -. ~,.,., ~ .- ,.'., -'. . - ~.,
OF-THE CITY OPPOWAX,CALlFORNIA
. . . ., - - -. - - .. . , -.;,<. . ~.> .--. - - -"-
APPROVING,CONDITION~L USE PERMIJ01-15
ASSESsbR~S 'PARCEL NUtv1l3ER321-190-31
WHEREAS, Conditional,Qse Permit 01-15'was,submitted'by Richard Conner Riley
&-Associates,Applicant, to,in_st,alla<telecommunic,ations.fa.,cilityon the Poway Soccer Fields
located at 14503 Espola Road in tlje Ru'ral Residential C zone:
WHEREAs, the proposed. telecommunications facility ,consists of6 .panel"type
antennas mounted on3f1agpoles measuring 35feetin height, ground"mounted equipment,
and an equipment enclosure,and;
,
WHEREAS, on Apri[.9,:2002, the City Couricil helda~Liiy advertised pUblichearing
to solicit'commentsJrom the pubiic, both proandco~, relative. to thisapplicatibn, .
NOW,THEREFORE, the City Council does hereby resolve as follows:
Section 1. The City Couricilfinds,that ConditionalUsepetriiiW1-15 is exempt from the
- . ,.. ".C- J . .' ..:; .<c, " ",'" ~ c . - - .. . - . _'
prbVi~ipJ1softhe!California Erivironmental Quality Act(CE9A),as a Class 3 ~ategorical
Exemption, pursuant to Section 15303(d) of the CEQAGuidelines" in that the project
irivolves. the installation of a small, new facility providing a utility extension to serve the
-surrounding area,
Section 2: The findings, in accordance with Section 1.7 '48,070 of the PowayMtmicipal
Codefor~CUP.01-15 to instCll1 a telecommunications facility on property located at 14503
'- -', - . - _. .
Espola Road in the Rural residential C zone, are made:as folloWs:
A The proposed location, size, design, and operating characteristics oUheproposed
telecommunications facility are in accord with the title a,nd purpose of Chapter 17 48
of the :poway MUr:lieiPClI Code (Conditional Use Permit Regulations), the City
GenEl:ra,1 Pla,n, an,d thedey~l()pmerit polieiElsoail,d ~tandardsof'the City in that the
facility has, been designed and sited such that' it will not resultin visual impacts to
the surrounding community
B The location, size, desigri" and oper1;iti,rig chatatteristics of tlje proposed
telecommunicationsfacilitywill becompatiblewith and will notadversely'affector be
materially detrilTl,elltal to adjacent uses, ,residents, buildings, structure, or natural
resources.in,thatthe'facility has been desi9tled and si!~d such that itwill not result
in visual.impaCt's to the surroUnding corii'hiunityandit will cornply with Federal
Communications Commission (FCC) design and operational standards.
C, The proposed telecommunications facility iis.in harmony with the scale, bulk,
coverage, and density of, and is consistent with,,'adjacent uses.
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04099 Resolution No, P-02-14
Page 2
0 there arEl)adequate:publicfacilities;services; and:utililies available at the subject
site to 'serve the proposed:telecommunications facility
E There will not bea harmfyl effectupon,the.desirabie surrounding property
characteristics in thaH~.e,prop'osed telecommunicationsfacifityhas been designed
and sited,such that it will not-result in a visuaUmpacno the sUrroundil1g community,
and the facilitywilLCOnipiy. \Vith FCC design and operational standards,
F The generation oftra,ffic :Will not adversely impact the capacity and physical
character'ofthe,sl.lrroJ.l[1ding'stre~ts and/orthe Circulatiol1 Elementofthe General
Plan in thatthe proposed' telecommunicationsfacllity is unmanned and will only
require periodic rilqiritenance;thereby generating minimal traffic,
G The site is suitaBle. for the, .type and intensity of uJ:;e or development which is
proposed in that the proposed telecommUnications facility will enhance
telecommunications coverage in the City
H, There'will ,not be sig'niflci!nt,h;:mnful effects upon environmental quality and natural
resources in tilat the proposed telecommunications facility' is located on a
developed prdpertyandidoes not involve the removal of natural habitat resources.
I There are no rel!3vant :negative. impacts a,~soc::iated with the prqposed
teleCOmmunications facifitythatcannot.be niitigated in that the facility wili comply
with FCC.design and' operational standards,
J That the potential impacts; and the proposed.loc~tion, size; design, and operating
characteristics bf'the. proposed telecommunications facility will not be materially
injl.li'iousto propertie!)orimprovements inthevipiriilY, tiorbecontrar:y to theadl?pted
General PI,an, in' that the facility has beendesign'ed and sited such that iLwill not
rt3sultinVisual impacts:and will comply with FCE>designiand operational j;tandards.
K. The proposed telecommunications facility iffllJ comply with all the 8pI:Jlicable
provisi9hs of Chapter 17 48 of the Poway Municipal Code in that the facility has
been designed al}d sited:such,thatitwill not resl.llt il] visual impacts and will comply
with FC'C design and. operational standards,
Section 3 The:CityCouncil hereby'approvesCUP'01-15toinstall a telecommunications
facility at 14503~EspolaHoad, as shown on the plans dated March 12, 2002, subject to the
f6110wingconditions:
A. Approval of this CUP reqyest shall apply only to the subject project and shall not
waive coMpliance with all:sectionsof the Zoning Ordinance and all other applicable
City ordina'nce's in effect at'the time of building permit issuance,
. 04100 .
Resolution No, P-02-14
Page 3
B.. 'within 3Qdays;ofthe date of this approval: ('1)th,eapplicanfshall submit in writing
thE!fl:j1l C;or}CJitions ofapprovalhavebeenrea(j:andunderstood;and, (2) the property
ownel's:shallexecute'a Covenant on Real 'Property
G 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 61-15,sh811 remainin.effectforthe life ofthe subjectwii"eless
telecommunicaticinsfil'cilityan.d shall run with the land and be binding upon future
owners, successors; heirs, and transferees of the current property owner
E, CUP 01-15 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 shail obtaina.Building Permit priortoitistallation of the facility. Prior
to.issuance of a' Buildirig' Permit, the applicant shall comply with the following:
1 The applicant shall comply with the latest adopted Uniform'IBuilding Code,
Natiorial EI,ec:tficCode, and all other appllcal:)le c:;odes and ordinances: in
effect.aUhetime:of electrical/building permit issuance.
2, Theequipmer]t enclosure shall be architecturallyenhancedto;providebetter
integration'with tile existing building. The enclosure shall be constructed of
decorative block an.cl shall.be topped.with'a trellis 'Cover. Revised plans shall
be submitted tb the Planning Division for firial review and approval.
3 Enhanced landsc;aping,consisting.of;groundcover, shrubsandtrees1shall be
installed around the'equipmentenclbsure,'allc!, in the vicinity of the flagpole
installations, Landscape and irrigation'plaris;'as well asreviewfees,.shall be
submitted to the Planning Division f9f final review and approval.
Landscaping shall be consistent with the City:!; L:andscape Guidelines,
4 The exi~tihg 9-foot-l1i9h chain link fence, which is proposed to be relocated
as a'part of this'J;>foject, shall be reduced to 6 feet in heightto comply with
the fence height limitation for the subject zone.
5 The operator ,shall submit calculations spe.citylngthe FCC's Maximum
Possible .Exposure (MPE) levels in inhabited areas within 500 feet of the
filcilityin 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 loc;ation after the facility is in
operation" A rep6rtofthesemeasurements and the engineer's findings with
. .
04101 Resolution No P-02-14
Page 4
respectto cOl]1pliancewith MPE;limits shall be submitted to the Director of
D~xelbpment Services,The facility.shalLnotcornmence nonnal operations
ulltil it complies with or has been modified to comply with this standard,
Proof of compliance '.shall be a certificatib.1l prO,vided by the engineer who
prepared the original report. Inorder tpassure the objectivity of th~~nalysis,
the Gity may require; aUhe applicanes:~>spense, 'independent verification of
the results of'theianalysis,
6 The antennas shall not be activated for use until a final inspection is
conducted by the City
H, Prior to obtaining a final ihspectioll on the Building Pennits, the applicant shall
comply with the following:
1 The site shall be'clElveloPEld in accordancewiththeal?proved plan on file in
theDevelopmentServices Department and'.theconditiorlscontained herein,
Afinal ihspectionfrqm the appropriate City Departments will be required,
I Upon establishment of the wireless telecommunications facility', pursuantto CUP
01-15, the folloWillg shall apply'
1 All facilities arid related equipment shalLbe~maintained in good repair Any
damage frOm any cause shall berepaired.as soon,as reasonably possible so
as to minimize occurrences of dangerous conditions or visual blight.
2, The facility shallpe.,operated in such a manner as to minimize any'possible
d.isruption caused by noise Backup generatOrs shall only be operated
during periods of "POWer outages and shali notcbetested 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 noisefrOI1i.any source exceed the noise
standards contained in the Poway Municipal Code.
3 The owner or .operatoroUhefacility shaH:routinely and regularly inspect the
site.,to ensure compliance'with the standards.set'forth in this permit.
4 The. ()per~tQr ;jf the facility shall be strictly liable for interference caused by
their facilities ';.;Lth'City telecommunications systems or'other public agency
emergency,comm,unication systems, The'operator shall ,be responsible for
all :Iabor arid equiprnerit.costs fordetermining:thesource of the,interference,
ali:costsiassociated With eliminating the interference (including but not limited
to'fiitering, in-gtcilling cavities, installing directional antennas, powering down
systems, and engineering analyses), land all CClStS arising from third party
claims against the City attributable to the interference.
(. . .
04102
Resolution No, P-
Page 5
5, The! wireless telecommunications facility'shall. not be operated in such a
manner that it pdses,l;lither by itself or in combination with other such
facilities, a pot.ehtil'oli threat' to' public health, To that end, no facility or
combination qt fa,cilities shall produce at 'any 'time power densities in any
inhabited arelftl,1a(exceedthe'FCC's; Maximum Permissible Exposure (MPE)
limits for eleqtricand magnetic field strength al1d power densities for
transmitters ;litany, more restrictive: :standard sUlJsequently adopted or
promulgated by the City, County, !State of California, or the Federal
government Iftbere is any change in the manner in which the facility is
~perated or change in the MPE, a[reporf pursu\3ntto ConditionG.3 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
partof'!,!nyreview'of this Conditional Use~Perir1it
Section 4: The.owner9f!hewireless,telecommunlcationl>Jacility shall remove all of the
communication eq~ipmeht;andassociated structures, approved pursuantto this permit
Within 60 day~ cifceasing operation of the telecommunic,ations facility.
Section 5, Th~approvalofCUP 01-1.5 shall expirecinApril 9: 2004, at 5:00p.m. unless,
" .. . .
prior to'th;:it ti.I1i!3,a. BuildingPermit.\nasbeen issueg ~.!'td construction on the property in
reliance on the CUP approval has commenced prioYtoits expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Pqway,
State of California; this:9thdayofApriL2002, ,
ATTEST
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'J~ O~tO~1 =
LorilAnne Peoples, City':CI l
.' 04103 .
Resolution No, P-02-14
Page 6
STATE OF CALlFO~NIA )
) S,S
COUNl'Y OF SAN DIEGO )
I, Lol'Jl\nne Peopl~s, Ci~Clerkof the City'ofPoWay, do hereby certify, under the
penaltY'Clfperjliry, that the foregoing ResolutionNo, P-02"14', .....as duly adopted by the City
Council at a meeting cifsaidCity(Council held on the'9th:d~y'of'-"pril 2002, and that it was
$6,aaopted by the following'vote:
AYES: EMERY,GOLDBY,CAFAGNA
NOES REXFORD
ABSTAIN: NONE
ABSENT' HIGGINSON
Ldri Anne Peoples,City
city of Poway
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