Covenant Regarding Real Property 2002-0397348
. 004564 DOC. 2002-039734'8
~ECORDING REQUEST BY' ) MAY 10,. 2002 9:09 AM
)
CIT)"OF P0WAY ) .OFRICIAL RECORDS
) SAN. DIEGO COlJNTY REOJRDER:S OFFICE
WHEN RECORDED'MAIL TO: ) GREGORY J. ,SMITH,COUNTV RECORDER
) FEES: ,. 29.00
CITY'CLERK )
CITY'0F. POWAY J
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P.()'BOX 7.89 ) "'"' "" """ " "" """
POWAYCA 92074-0789 )
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No Transfer Tax Due )
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COYENANT'REGAROiNGREALPROPERTY
Pomerado Leasing No, 3 L.P."a California Limited,Partnership, PROPERTY OWNERS
("OWNER" hereinafter)areithe'owners of real property ("PRejPERTY" hereinafter) which is
commonly known as Assessor's Parcel Number 317:270-40 and more particularly described
as follows:
Lot 85 of City of Poway Tract No, 85'04. Unit2, in the City of Po way, Couniy of,. San,
Diego:!Stateof California, aCf:qrding.to Map thereof N():, 12572: filed in the Office of
the County Recorder of San Diego County, February'28, 1990, as of File/Page No,
90,107515 o(official records,
In consideraiion of the approval'of Conditional Use Permit ((;l.JP){l2-01. a request to 'allow the
install'!tion,of,\lwJreless'co[lll1unicationfa~i1ity on PROPEliUY"d:>y,the City of Po way ("CITY"
hereirfafter), OWNER hereby' agrees to abide by conditions of the attached resolution (Exhibit A),
This Covenant shall run wiih"the land and be binding'upon and inure to the benefit ,of the
future owners, encumbra[1,cers, successors, heirs, personalrepresentatives, transferees and
assigns of'the respective parties,
In the event that.C,UP:02'01 expires or is rescinded'by. Cjty',council at the request of
OWNER, CITY shall expungeJhisCovenant from the record title of PROPERTY
in the;event of Iitigatiorrto,enforcethe'provisionsof thisi.Co'/enant, the pre"ailing party shall
bel erititled;to'full reimbursernentolall costs,including reasonable,attorneys~ fees, from.the other
party
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Dated: :J~'7.t '(j , By' /..,'.*L.k. L '\.-'
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Dani'elM. Whltaker (~otarize)
Pomerado. Lea'sfng No. 3 L
'3 If- 'S (0 }.- CITY OFj?O,W/W
Dated: By' ,4L#J-~
,/ Niall Fritz; Director'of D lopment Services
ti:\city\planning\02report\cup\cup 0201 cov.doc
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. 004565 .
C4L1I=O~NJA A~L~PURPA ACKNOWLEDGMENT
I State of ~'t.t~d7~
,
'CouQtyof ,~~ ~
, On MOll '}.t; )2-<10 - before me, ~4."'; . W~Jt-r'-C1' A'{>jzt"f ~)..}.'"
,
Dale Name ~nd TI\I~ 01 Officer (e,g;, "Jane l?oe,Nola, Public")
personally appeared, / A,.1-Wc'( "<'1, ...,;~y
.Name(;;)ol Slgner(s)
):[ pers,onally known'to,me ~'OR O.t-',vvvd to'II~ VII 1I11:::Lai:);i:),uf'satisfaetery eviElen9~ to b.~ ttw:p~rs,?nJ.81'
whose nam~ is/are'subscribed to the within'instrument
and aCknowledged,to"me,that he/€~Q'~~ey executed the
same in his/h6rftlieir authorized capacit~, and that by
his/I>le,,'U ,ei,.' signaturEUsron the, instrument the, persol)(81,
I @ O'^NEW""" I or the entity'up~n'behalf'ofwhich the persorl\St' acted;
_.' ....j COMM.#12417;060 executed ihe instrument:
0, ',NOTARY PUBlIC,CAUFDRNIA (Il
,Ul" SAN DIEGO'COUNW'" '0 WITNESS my hand and olficial seai.
r' My, Commission Expores l
. m,CEMBER,S,20.o:?'
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'Si~ ureof Notary Public
OPTIONAL
Though the information' below isnot:Jecjuiied~bylaw' irm~y prove vafu.abJe to'iJeisons r~/v!ng on the document and-could prevent
fraudulent'remova/.and reattachment ofthis formdo another document.
Description of AttachEld Document
{]'-'l!e-,1~..M" -<7') p. n
Title or Typeoof Document: /VLy.4:'<"7j ~J. h",:l'vrfy'
V' l G,
DocumentDate: ;trol )/;,; 2()c 2- Number of Pages:
,
Signer(s)' Other Than NarT]ed Above:: ;Vit'-II fV.it 3'
Capacity(ies)Ciaimed by Signer(s)
Signer's Name: Signer's Name'
o Individual o Individual
d Corporate'Officer o G\?!pprat.ecOfficer
- '""-- -,',..... .--
Titl~(s) Title(s):
!:1'i'- Partner - ,@,Limited 0 General o Partner,- 0 Limited 0 General
Ol;\ttorney,in,Fact DAttdCt,ey'in,Fact
o TrUstee o Trustee'
o Guardian'orConservator o GUardian,or,Conservator .
o Other' . TOP'9f th_umb he~e o Other: Top of, thumb here
Signer Is Representing: Signer Is Representing:
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C 1994 National Notary AssOCiation. 8236 Remmel Ave., P.Q; Sol<" 7184 . CanOga' plirk;'CA 91309-7184 Prod. No. 5907 Reorder; Call.TolI-Free 1 -600-676-6627
. EXHIBfiMS6G .
RESOLUTION. NO. P-02-15
A RESOLUTION OF TH,E CITY COUNCIL
OF:THE CITY o'F ROYVf\Y, CALIFORNIA
~8PROVING,CONbl'n6NAl, l:J,SE .PERMIT 02-01
ASSESSOR'S pARCEL NLJMBER 317-270-40
WHEREAs, Conditional Use, Permit 02-01 was su!>mitted by Verizon Wireless,
applicant,Jo:install atelecommunicatiQ,nsfaCility oIJadevelopedproperty..locatedat 13350
Gregg 'Streetin the Planried Cbmmunity (PC)zone/South poway Business Park, and
WHEREAS, the felecohJmUnications facility consists of antennas mounted to ,the
existing building (Le., '13 pa,ri~l-fYP~l'antennas mounted to'the buildingfa'cade and 1 'GPS
antenna mounted onthe inside;ofthe building parapet);,ground-mounted equipment, and
an equipment enclosure, arid
. WHEREAS, onApriJ 9, 20Q2,.theCity Council.:held a'duly advertised public hearing
to solicitcomments'from the public, both pro and con, relative to this application,
NOW, THEREFORE, the City;Council dbes,hereby-resolve as follows:
Section 1"The City COUDcil finds that ConditionalUsePerrnito2-01 is e,xemptfrom the
provisjons of tile California Environmental Quality.Act (CEQA), ~sa Class 3 Categorical
Exemption, pUrsuant to Section t5303(d) of the CEQA Guidelines, in that the 'project
involves ttie ir:lstallation of a small. new'facility providing a utility extension to serve the
surrounding area,
Sec:tion2: The findings,b accordance with Section 1,!,48,0700fthe.Poway Municipal
Codefo!CUP'02-01 to install a:telecommunications facilityori property located at 13350
Gregg Streefin the PC zone are made as folloWs'
A The pcbposedlocation, size, design, and operafirig.characteristics ofthe proposed
tel.ecom,munications facilityareinaccordwith the fitle and purpose of Chapter 1748
bfthe PowayMuni<<ipal Code (Conditional Use;PermitRegulatio!ls), the purpose of
the PC zone, the south PowaySpecific Plan, the City General Plan; and ,the
.develqpm~ht policies and standards of the City in. that,the facility has been
designeq, sited: l:iiid screened such that it will nof result in visual impacts to the
surrounding community
B The ICl(:ation, size, qe~ign, and operation,characterjstiCS of the proposed
telecorllmOnic:ationsfacilitywill be,compafible with andwill not adversely affect or be
materially,detrim.el,ltalto adjacent uses, residents; buildings, structure; or natural
resources in thatJhe facility has been,designeCl; sited.and screened suchthatit will
not result in visualiiTIpa(:ts to the surrounding community and it will comply with
Federcif Communication Commission (FCC) design (3nd operational standards.
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. 0045674t
Resolution No P-02"15
Page 2
€~. the: proposed telecommunications facility is in harmony with the scale, bulk,
coverage, andde!nsityof, and;is,consist~lJt;v{i~h,adjacent usesihthatthe proposed
facility functions as if were ancillary ecjuipri"ientto the existing building,
D There are adequate pupilc faciliti~s. seryices, and L1ti1ities,available at the subject
siteeio serve the proposed teI~COi11i11uhications facility;
E. There. will not be il ,~jltfllfut effect upon the desirable surrounding property
characterlstics'inth,a!tt}eproposed telecommunications.facility has been designed
sited, and screenecjsUch that it will notresult in,visuaiimpacts to the surrounding
community, and the facility will comply with FCC:design,and operational standards.
F Ttie generatiofl ciftraffic will not adversely ill}pact tne capacity and physical
character of the,surroundingfstreets and/or the Circulation Element of the General
PllOin ifl thcihthe proposed'telecommunications facility is' unm~nned and will only
reqIJire peri9dicrilaintenance"thereby generating minimal traffic,
G Tl;1e site is suitable for the type and intensity of 'use or development which is
proposed in that the proposed telecommunications facUity will enhance
telecommunications coverage;in the business, park are,of the City
H There will notbe'significant harmful effects upon environmental q!JaHty and natural
resources in that the proposed telecommunications {acility is located on a
developed property and does not involve.the removal,ofnatural habitat resources,
I There are no relevant negative impacts' associated with the proposed
telecommunications fac:ility that cannot be mitigated in'that the facility will comply
with FCC design and operational 'standards,
J ThatthelpotentiaJ'!impacts, and the proposedlocatid'1' size, design and operating
'characteristics of the proposed telecommunications' facility will not be materially
inju[ioLis to propertieso~improvementsin the vicinity, no~ be contrary to the,adopted:
Generarf'la(1, in thatthefacility has been designed, sited" and s-creened suchthat'it
will not resUlt in visual impacts and will comply with FCC design ahd operational
staildar(js,
K. The proposed telecqmmuriications facility will 'colT)ply with all the applicable
provisipns' of Chapter 17"04,8 of the Poway Municipal 'Godein that the facility has
been'd~signed. sjted, and screened suct:rthat it wilLnotresult in visual impacts and
will comply with FCC design and operationaLsfandards.
SeCtion 3 The City Council hereby approves cUP 02"01 to installatelecommunications
facility at 13350 Gregg Street consisting'ofantenl),!s i:nbUiitetd tothe existing building (I.e.,
13 panel-type antennas mounted to,thebuilding facade and 1 GPS antenna mounted on
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004568 Resolution No, P-02-15
Page 3
the jn~jde, of 'tlJe bUildingparapet);ground"[T1ounted equipment, and an; equipment
eilclClsLJte, ,as shown on the plans dated F-ebruary27, '2002, subject'tothe following
conditions;,
A. APRroval of thisCUp'request shall apply onlyto"theisubject project and shall not
waive <;:6mpliance with all sections ofthe Zoning Ordinance and all other applicable
City ordinances in effect at.the time of building permitissuance,
B Within 30 days of the'dateof this approval, (1) the applicant shall submit in writing
that all conditions of approval have been read and llnderstood;and, (2) the property
owners shall execute a~Covenant on Real Property
C The use con~litionally. granted by this approval sh,all not be conducted in such a
manner as to interfere with the reasonable Use an-dEmjoY!11ent of surrounding uses.
D The conditions of CUP 02"0:1 shall remain in effeC;tfor the life ofthesubjectwireless
telecommunications!facility'and shall run \yiththE;l.dand and be binding'upon future
owners, successors,. heirs; ah,d transferees of,the;.current property'owner
E, CUP 02~01 may besiJ,bjElct to annual review as determined by the Director of
Development Services for compliance with the conditions of approval and to
address concems'that may have been raised:during'theprior year
F The applicant shail obtain a Building. Permit priorto,installation of the facility Prior
to issuanceiof a Building Permit, the applicant shall', comply with the' following:
1. The applicant sh~1I q)mp!y'With the latestadopted Uniform Build,ing Code,
National Electric Code,and all other applicable codes and ordinances in
effect atthe time. of electrical/building permit issuance.
2, The speCific mat~rials used to create the paint and texture of the antennas
shall be1depicte8,on ttle buildihg plans, The selected materials shall,match,
as closely as possible, the existing Walls, to the satisfaction ofthe.Directorof
DevelopmentServices,
3 The height of the proposed GPS,aotl?rihas shall be reduced by one foot to
comply with the site:s 35"foot heighflimit.
4 The, 'operator ,shaJ/subrT)it calculations specifying the FCC's Maximum
Possible ,ExposUre',,(MPE) levels in inhabited areas within 500 feet of the
facility in the ,areas 'th,at the levels produced are projected to be highest.
Upon issuance of the 9uilding permit and installation of the facility, the
applicant shall hire aqlJalified electrical engineer licensed by the State of
California to m~asureexposure levels at the location after the facility is in
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004569 Resolution No, P-02-15
Page 4
op'er,citipn. A[~p6rt ot,th,eserneasurements and theen!;lineer's findings with
fe!!peCtt()'c6mplia:nce\vith MP.E'lirnits shall be submitted to the Director of
DeVeloprnent.SefVices, The facility shall not commence normal operations
liiltU it <<ompJj~s'lNith or has been modified to comply with this standard,
Proof of compliancershall be a certification provided by the engineerwho
prepared ,the originaLreport, In order to assure the'objeCtivity of the analysis,
the City may require"aUhe applicant's expense, il.1dependent verification of
the results oftheanalysis.
5 The antennas shall not be activated for Use until a final inspection is
conducted by the' City
6 A right-of"way'permitshall be obtained fromthe,Engineering Division of the
City's Development Services Departmentpriono performing any work within
public street right-of-way or any City held easement.
7 For access toandJromthe project site, ifqther than through public streets or
roads, the applicant i~ solely responsible for acquisition of access/road
easements. or .agreements
H, .Prior'to obtaining a final .inspectiori on the ,building permits, the applicant shall
complywith the following:
1 The site shall.be'devejoped in accord~lncewith the approved plan on file in
theDevelqpm.ent~Se~ices Departmentandthe'condifions contained herein,
Afinal inspection,fi'Orn the apprqpriate,City'Departrnents will be required
I. Upon establishment)ofthe.wireless telecommunications facility, pursuant to CUP
02-01, the f6I1owing.shallapply:
1 All Jacilities' and relate,dequipment shall be maintained in,gbod repair. Any
damage from 3i;lyca_use,shall berepaired.as soon,as,reasonably possible so
as to minirnizf<:occurrerices of dang~r()us conditions or visual blight.
2, The facilitysb.-ail beoperatea:in suc:;hra manner'as'to,minimize any possible.
disruption :caused 15y noise, Backup generators shall only be .operated
during periods'of poWer outages; and shall 'not be. tested on weekends or
holidays, or betWeeri the ,hours of 10'00 p,m. and 7:00 a.m, on weekday
nights. At no timeis~all equipment'noiseftom any source exceed the noise
standards contained jnthe PowayMunicipal Code,
3 Theowner;6r'roperator of the facility shall routinely and regularly inspectthe
site to 'ensur.e compliance with the standards seHort~ in'this permit.
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004570 Resolution No, P- 02-15
Page'S
4 Theloperatorofthe fac;i1io/ shl:!1I be,strictly'liable foririterference caused by
their facilities with City telecomrounii;:ations systems orotherpublic,agency
emergency communication sy~tem.sl The operatorshallberesponsible for
all labor and.equipment cost.sfordeteiminingthe'sourceof the interfer~nce,
ailcostsassocia!~d'Y"ithelirllinating the i~terference;(including but not limited
toJiltering, installing c<avitjes, installing directional antennas, powering down
systems, and ehgirlE;!ering analyses); and all costs arising from third party
claims .againstttieCity attriQutableto the interference,
S The wirelessteie~orrllnunications 'facility shall not be operated in such a
manner that it pOSE!S, either by itself or in combination with other such
facilities, a potenti?! threat to public health. To that end,. no facility or
combination offafijtliesshall produce, at:any time, power densities in any
inhabited area,\hatexc,eed the FCC's Maxiinum Permissible Expo.sure (MPE)
limits for ele,ctric and magnetic field strength and power den$ities for
transmitters, or any more restrictive standard subsequently adopted or
promulgated by the CiW, County, StateoLCalifoIT!ia; (Jr,the Federal
gov"Elmment It there is any change.in fhemannerin which UYe facility is
operated or chal)ge in the MPE, a report pursuant t6'ConditionG,3 of this
Resolutioi) shaH be submitted to.the Diredor,ofDeveloprilent.Seryices for
review and approval. The Director may also require,an updated rep6rtas
part of any review of this GonditionarUse Permit
Section 4:, The owner of thewirelesstelecommunications'facillty shall remove all of the
c<ommunicatic:m equipment; and associated structures; approved pursuant to this permit
within 60 daysof:ceasing operation,'onhe telecommunications facility
Section,S. The l:!pproyal of CUP 02-01 shallexpir~ on April 9,,2004 aIS:OO p,m, unless,
prior to that time, a Building Permit has been issued'a'~(Lc<instl1Jction on the property in
reliance on the CUP approyal.hascommenced prior. todts expirl:!tion.
PASSED, ADOPTED and APPROVED by the Clty'Council of the City of Poway,
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State of Ca'fifornia, this 9th day of April 2002,
Miena .,
ATTEST
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Lor,i ,4.,nhe Peoples;. City Cler
. 00457:1 ·
ResolLitionNo, P-02-15
Page,6
,STATE OF CALIFORNIA )
) ss.
COUNTY OF SANDIEGO )
I', Lori Anne Peoples, City Clerk of the City qf P()w~y;do hereby certify, under the
penalty.,ofperjury, that theJoregoing;Resolutioh No, 'P"02~15,Wasdulyadopted by the City
Councilatameeting'ofsaid City Council held onU:j'e,9th day of April 2002, and thaUt was
.soadopted by the following vote:
AYES EMERY,GOLDBY,REXFORD,CAFAGNA
NOES NONE
ABSTAIN, NONE
ABSEN:r' HIGGINSON "
(~&l~ CL .~~~
Lori~nne Peoples, City CI . rk
City10f Poway
,
n;lcilylplanningI02report\cuplcup' 020 l' res.doc