Covenant Regarding Real Property 2002-0021499
.' , '-'(lY'-OO'::'l 40q
RECORDING REQUEST. DuL
. ) ..... w.... . .t.....L. I ,"
t ) JAN 10. ~OO? 8:~1 AM
~ CITY OF POWAY )
) OFFICIAL RECORDS
WHEN RECORDED MAIL TO' ) SAN DIEGO COUNTiRECORDER'E OFFICE
) G~:EGORI' J. SMITH. COUNTY RECORDEr:
CITY,CLERK ) FEES: 25.0n
CITY'OF POWAY )
ft PO BOX 789 )
PowAy CA 92074-0789 )
If )
No TransferTax, Due ) (This space for Recorder's Use)
COVENANTREGARDING REAL PROPERTY
Baker'and Farajzadeh, a California General Partnership, PROPERTY OWNERS ("OWNER"
hereinaJteriare the owners,ofreal property ("PROPERTY"hereinafter) which is commonly known
as Assessm's'Parcel Number 317'021-10 and more particularly described as follows.
Lot 26 of Parcel Map No. 536, in the City of Poway, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County,
December 28,1977, as of File No, 77-534097 of official records.
In consideration of the appr6lialof Conditional Use Permit(CUP) 01-13, a requesttp allow the
installation of a wireless communication facility on PROPERTY, by the City of Poway("CITY"
hereinafter), OWNER hereby agrees t6abide by conditions of the attached resolution (Exhibit A).
This Covenant shall run with the land and be binding.upon and inure to the benefit of the'future
owners, encumbrancers, successors. heirs, personal representatives, transferees and assigns of
the respective parties.
In the event that CUP01-13 expires or is rescinded by City Council at the request of OWNER,
CITY shall expunge this Covenant from the record title of PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be
entiiled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party
Baker and Farajzadeh,
..QL A C<IJ~nia General Partnership
. -" ~ ~,/,?~
Dated:jA,..Jl-c) B ~ .-n~,t,.. ,/5, 4//./, -r ';;7,/1..)
Bruce Baker, General'Partner
By' " C;' , 'Y?1"") ~) L :~
---, ~:.~:::;[\,~,\,., . I.......
Edward Farajzadeh, General Partner '-
Dated: 1/ /2- i/D (
{)~t, / cofy
.:2. 0 3 -Of I~O(/--J 9 (J;(-ODb
. . .
'"
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
f-6~~.c~O'.'0:.~A';Qd~A.-.,('A.-;;",~\~-.<'.cCij-Q.~.-ct.~~~<<:SS!;L:5;<~~<<<<~c<<,,;-:,,"~_<:;-~Ltt,<?;.~"-;~2::~t:_(::;}
r':> (,
P State of california, }2
((~ . 55. t1
[J County of Sl Vl D\.t..ca-o ,:
p, ,')
'~ (:
') f-r-' ",
~. On Zi;-I-h lU.<:.-2al1 before me, Va. 1Ct.&. L-, i?o~ ' , ~
S; Datt' , Name and Title of~~~cer (e,g.. 'J ne Doe. Notary PUblic", ~i
2 personally appeared BrLAC-e. fbk.u2.. . 8dwOfd Faye.:, \ :z.ctde..l., K
p - , Name(slofSigner(s) l'I
I ~
R ,-, ~9r~9~E1I1) I(RSHOr;;! +1'""\ mp - ~
~; KProvedto me on the basis of satisfactory l~
( I~
~. eVidence ,~
~ ~
I I",
f, to be the perso~ whose name@ jlI'/@ ;9,
~ subscribed to the within instrument and ~
p, acknowledged to me that ftefflI!e/~ executed ~
r the same In ~ authorized b
t capacity~, and that by I,;o/I,v'/@ i~
B ) "" A -: ":' ^ ^ ^ ...... ~ ....., '^ ^ ^" r signature onJhe:,instrument the person(s), or t~
$@ ,,~='e~' 0 W",W,""", 'eh.",' .""" We "m"tll"
y ~ : ' -. COMM, #1325201 0 ' , , . Q
S' ...... NOTAAy'PUBUC,ciiLi'ORNIA -i acted, executed the Instrument. t.;
~ ~, ,SANDIEGOCOUNTY 0> l;;
<;:" _ MyC~m:'Expir.'Clc!ober ':4.2005 ( ,R
( ) ..., "'W."" .., ..... ..... ..... ..... ..... ........, v ...... ~A}
?' A"
,. I"
Fog
J' Place ~~o\ary Seal Above Signature of Notary Pub Ie I~
l.' ('j
<J ~
; OPTIONAL ~:
:~ Though the information belol(V is nor~equired by 'law. it may prove valuaJ?l~to.persons relying on the document 8
r' and could prevent, fraudulent removal and reattachment of this form to'another document; b,
(, ~'i
c, Description, of Attached Do~ument - ctf2 R .J- ;',
t Title or Type of Document ov-enan+ ~B~Jnj J2n., roper y [:
" < II
~; Document Date: lJ olJ e.m ~ 1--q I 2.GtI' Number of Pages ~ :2
, .,
t: 11 I otz. ~
~ Signer(s) Other Than Named,Above: , al F r I [:;'
o ~~~~
;" Capacity(ies) Claimed by Si~ _ ,0 h..12-'-r:i '
8 Signer's Name BYl.lce EXl; I::'dwaxd Fa n:U -zo.cU.h ' r, faYQ zu.del
~-, 0 ,Individual i~,
' c
~. ~rporate Officer ~ T~ ~, ,'"
(0' :..J Partner ~ 0 Limited eneral ;~', ::..{t~~~j~...:.
[, 0 Attorney In Fact () :~:~~S";.i
f I' ~..~""'c'":,
, 0 Trustee , ) >S' ~~~~
~ 0 Guardiafl or'Conservator 8 ;'?0~~$)"'0~:~~'
.... . "lr.I''''', ',l."":<\{J
c' 0 Other ~ ;:~;!!':"(',::: :,'e~'i'"
i . ': :~~',.\.....:,:,:';:' ;"I!); ,:
"': , g '11~".,:: :.:_ 0'1"''''/
'}! . ._\\",."",..",
'0 Signer IsHepresentmg: b "'~~'\':->
~', ?;
~ ~
V . (I
:.<....~/...;4","J~-6:c-.c;::;.""<-.:v.-<...'<--X;<..:.,<.,,'G<...;G<'7C7;-c::'6---:;~'<--:-<..."<-:.<...-'(.:.<.;-<..;.<v~:"'~'<:;':::CZ--C-:.'<-.:L.;<( ".;.<-,(""_,,,;:C<:V:::-0-:;-c:;:v:;~-----:-.o:;0-:;0-:;0--::;"'jy-z..;..d;'
it! 1999 National Notary Associalion. 93SD De SOlO Ave., P.O, Box 24D2' Chatsworth. CA 91313.24D2 .wwwnallOnalnorary.org Prod.No,5907 Remdel Call Toll-Ffee 1-8D[}-876-6827
. EXHIBIT A .
- RESOLUTION NO P- 01-66
':"
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY" CALIFORNIA
APPROVING CONDITIONALlJSE PERMIT 01-13
ASSESSOR'S PARCEL NUMBER 317.021-10
WHEREAS Conditional Use Permil01 "13 was\submitted by Sprint PCS, Applicant.
, _. I __ ,_
to install a telecommimicationsfacility on a developed 'property located at 13244 Pomerado
Road in the Commercial General (CG) zone
WHEREAS, The telecommunications facility consists of antennas mounted to the
existing building (i.e. 9 panel type antennas mounted h) the building facade), ground
mounted equipment, and a equipment enclosure and;
WHEREAS, on December 11, 2001, the City Couflpii held a duly aavertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
, Section 1 The CityCouncii finds that Conditional Use Permit 01-13 is exempt from the
provisions of the California E,Q'J,ironmental Quality Ac1 (CEQA), asa Class 3 Categorical
Exemption, pursuant to Section 15303(d) of the CEQA Guidelines, in that the project
involves 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,ofthe Poway Municipal
Code.for CUP 01-13 to install atelecommunications'facility on property located at 13422
Pomerado Road in the CG zone are made as follows:
A. The proposed location, size, design, and operati(lg:characteristics of the proposed
telecommunications facility is in accord with the title,ang purpose bf Chapter 17 48
ofthe Poway Municipal Code (Conditional Use Permit Regulations), the purpose of
the CG zohe, the City General Plan, and 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 to the surrounding community
B, The location, size, design, and operation characteristics of the proposed
telecommuriicatiohsfacility will,be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings, structure, or natural
resources in that the facility has been designed,. sited and screened such thatit will
nor result in visual impacts to thesurroundirig community and it will comply with
Federal Communication Commission (FCC) design and operational standards.
C The proposed telecommunications facility .is in harmony with the in scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the proposed
facility functions as if were ancillary equipmentto the existing building.
"
. . .
Resolution No P- 01-66
r Page 2
D There are adequate public facilitiesiservices, and utilities available at the subject
site to serve the proposed telecommunications facility
E. There will not be a harmful effect uRon th_e desirable surrounding property
characteristics inthaUhe proposed telecomm'unications facility has been designed
sited, ,and screened such ,that it will not resiJlt in visual impacts ,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 physicai
character of the surrounding streets and/or the 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 ih that the proposed telecommunications facility will enhance
telecommunications coverage in the City
H There will not be significant harmful effects l:lpori environmental quality and natural
resources in that the proposed telecommunication facility is located on a developed
property and does not involve the removal of natural habitat resources.
I There are no relevant negative impacts associated with the proposed
telecommunications'facility that cannot be mitigated in that the facility will comply
with FCC design and operational standards.
J That the potential impacts, and the proposec:jlociltion, si?e, design and operating
characteristics of the proposed telecommunications facility will not be materially
injl:lrious to 'properties or improvements in the vicinity,nor be contrary to the,adopted
General Plan, inthaHhe facility has been designed, sited, and screened 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 1748 of the Poway Municipal Code in that the facility has
been designed, siteq, and screened 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 01 -13 to instlll1 atelecommunications
facility consisting b}9 panel antennas. facade mounted, and associated equipment and
enclosure at 13422 Pomerado Road, as shown on the plans dated October 24, 2001,
subject to the following ''::onditions
A. Approval of this CUP 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.
I
. . . Resolution No
P-Ol-66
. Page 3
B Within 30 days oHhe dClte of ~his approval Ct)Jhe applicant shall .submit in writing
thatall<c(Jnditions of approval have been read and understood, and (2) the property
;owners shall execute a Covenant-on Real Property
C The use conditionally granted by. this',approvaishall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
D The conditions of CUPOn c13 shall remain ineffe~t forthelife of the subject wireless
telecommunications'fatilityand shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner
E. CUP 01-13 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 Building 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
effect at the tiineofelectrical/buildingpermitissuance.
2. The specific materials used to create the paint and texture of the antennas
shall be depicted on the building plans. The selected materials shall match,
as closely as possible, the existing walls, tothe satisfaction of the Director of
~' ,
Development Services.
3 The operator shall submit calculations specifying the FCC's Maximum
Possible Exposure (MPE) levels in intiabited areas within 500 feet of the
facility in the areas that the levels prodLJced 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 ofthese,measurementsandthe engineer.:sfindings with
respecUo compliance with MPE limits shall be submitted to the Director of
Development Services The facility shall not commence normal operations
until it complies with or' has been modified to comply with this standard
Proof of complianGe shall be a certification provided by the engineer who
prepared the original report. In orc:ierto assure the objectivity ofthe analysis,
the City may require"at the appiicant~s expense, independerit verification of
the results of the analysis,
H Prior to obtaining a final inspection on the building permits, the applicant shall
comply with the following:
. . . Resolution No
p- 01-66
" Page 4
,
1 The site shall be,developedin'accordance with the approved plan on file in
the DeveloprhentSer:vices Department.and the conditions contained herein
A'final inspection from the appropriate City Departments will be required
I Upon establ,ishll1ent bfthe wireless telecommunications facility, pursuant to CUP 01-
13, the following shall apply'
1 All facilities. and 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 shall be operated in such Cl,n]anner as to minimize any possible
disruption'caused l:>ynoise. Backup genefatqrs shall only be operated durir:Jg
periods of power outages and shall not be tested on weekends or holidays,
or between the hours of 10:00 pem. and 7:00'a,m. on weekday nights. At no
timeshcill equipment noise from any source exceed the noise standards
contained in the Poway Municipal Code,
3 The owner oroper~tor of the facility ~hall routinely and regularly inspect the
site to ensure compfiance with the standards set forth in this permit.
4 Tile operator of the facility shall be strictly liable'for interference caused by
their faciliti,es with City telecommunications systems or other public agency
emergency. comll1unication systems: The operator shall be responsible for
all labor and equipment costs for deterrninirigthe source of the interference,
all costs associated with eliminating the interference (including but not limited
to filtering, installing cavities, installing directionaiantennas, powering down
systems, ,and engineering analyses), and all costs arising from third party
claims against the City attributable to the interference.
5 The wireless telecommunications facility shall not be operated in such a
manner that it ,po,ses, either by itselfo[ in combination with other such
facilities, a potential threat to public health. To that end, no facility or
combination offacilities shall produce at any time power densities in any
inhpbited area 'that exceeds the FCC's Maximum Penmissible Exposure
(MPE) limits forele~tric and magnetic field strength and power density for
transmitters or any more restricti\iestanda~d subsequently adopted or
promulgated by the City, County, State of California, or the Federal
govemment. If there is any change. in the manner in which the facility is
operated or change in the MPE, or the Director of Development Services
deterrhines that an updated report is, necessary, 'a report pursuant to
Condition F.3 of this Resolution shall be submitted to the Director of
Development Services for review ana: approval.
. . . Resolution No
P- 01-66
~ Page 5
Section 4. The owneLofthe wireless telecommunications facility shall remove all of the
communication equipment, and associated structures, approved pursuant to this permit
within 60 days of ceasing operation ofthe telecommunications facility
Section 5. The approval of CUP 01-13 shall expire on December 11,2003, 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 and APPROVED by the City Council of the City of Poway,
State of California, this 11th day of December 2001
or
ATTEST
~hJ'e~
Sherrie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sherrie D Worrell, Deputy City Clerk ofthe City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 01-66 , was duly adopted by
the City Council at a meeting of said City Council held on the 11th day of December 2001,
and that it was so adopted' byttie following vote:
AYES GOLDBY, HIGGINSON. REXFORD, CAFAGNA
NOES NONE
ABSTAIN: NONE
ABSENT EMERY
~W Q; }))})O Qf)
Sherrie D' Worrell, Deputy City Clerk
City of Poway
N:\city\planning\01report\cup\cup 0113 res.doc