Covenant Regarding Real Property 2001-0863701
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f 005955
REC0RDING1REQUEST BY' )
'P ) NOV 28, 200~ 8:34 AM
1 CiTY,OFPOWAY )
) OFFcICIAL;RECORDS
WH,EN'RECORDED,~AIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE
) GREGORYJ. SMITH, COUNTY RECORDER
tIT)'~CERK ) IIIU "111~[,n,," 25.00
CITY'Of POWAY ) II "' ~'"
P'O BOX 789 )
POWA Y CA 92074-0789 )
) 2001.0863701'
No Transfer Tax Due ) (This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Pomerado Leasing No, 1 LP, PROPERTY OWNERS '("OWNER" hereinafter) are the
owners of real property ("PROPERTY" hereinafter) which is commonly known as Assessor's
Parcel Number 317 -270-50 and more particularly described as follows:
Parcel 2 of Parcel Map No, 177B5, in the City ot'Poway; County of San Diego,
State of California, filed in the Officeofthe County Recorder'ofSan'Diego County,
December 17,1996, as of File No, 1996-0629951 of official records,
In consideration of the approval of Conditional Use Permit(CUP) 01-10, a request to
allow the installation of a wireless communication facility on,PROPERTY, by the City of Poway
("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution
(Exhibit A).
This Covenant shall run with the land and be binding upon and inure to the benefitof the
future owners; encumbrances"successors, heirs, personal representatives, transferees and
assigns of the,respective parties.
In the event that CUP01-1 0 expires or is rescinded by'City Council at the request of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 entitled to full, reimbursement of all costs, including reasonable attorneys' fees, from the ,other
party
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POMER~,~;~~G N~' LP
Dated, /1- /) -(/ I L / if(A
By' '-. ~L, ':
Its: Gt"Y!;J :f0,:/
(Notarize)
CITY OF POWAY
Dated' /(t~( By'
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, . . .00595G
RESOLUTION NO P-0l-55
,A RESG:lLUTION OF THE CITY COUNCIL
OF Tf'iE8IJY OF POWAY, CALIFORNIA
.A;PPROVING CONDITIONAL USE PERMIT 01-10
ASSESSOR'S PARCEL NUMBER 317-270-50
WHEREAS, Conditional Use Permit OHO was submitted by Nextel
Communications, Applicant, to install a,telecommunicatioils facility onadeveloped property
IClcated at 12140 Community Road in the Planned Community (PC) zone.
WHEREAS, the telecommunications facility consists of antennae mounted to the
ex,isting building (Le., 12 panel type antennae mouritedto '~he building facade, 3 GPS
an'tennaecmounted on the insiae,ofthe building parapet;,and tBMR antenna mounted on
the inside of the building parapet), ground mounted equipment, and an equipment
enclosure and,
WHEREAS, on October 16, 2001, 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, the City Council does hereby resolve as follows:
,
Section 1 The City CouncilfindsthatConditional Use Permit01-1 0 is exempt from the
provisions of'the Califomia Environmental Quality Act (CEQA), as a Class 3'Categorical
Exemption, pursuant to,Sectic:m 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 17 48.070 of the Poway, Municipal
Code for CUP 01-10toinstall a'telecommunicationsfacility on property lOcated at 12140
Community Road in the PC zone are made as follows:
A. The proposed 10catiOn,size, design, and operating characteristics of the proposed
telecommunications facility.is in accord with the title and purpose of Chapter 17 48
of the Poway Municipal 80de (Conditional Use Permit Regulations), the, purppseof
the PC zone, the S()~th Poway Specific Plan, the General Plan, ,and the
development policies and standards of th~ City in that the facility has been
designed, ,sited and 'screened such that it will not result in visual impacts to the
surroundirig community
B The location, size" design, and operation characteristics of the proposed
telecommunications facility will be compatibllilwith'ahd will not adversely affect or be
inaterjally (jetrimental to' adjacent uses, residents,. buildings, structure, or natural
resources ih thaf.the facility has been designed, sited and screened such that it will
not resulrin visual .impacts to the surrounding community and it will comply with
Federal Communications Commission (FCC) design and operational standards,
~)(t-.'I b+ A
"
.'.005.7
Resolution No. P- 01-55
Page 2
(3 The. proposed telecommunk:ations facility is in harmony With the scale, bulk,
"'.. ..
coverage"and densityof,and.isconsistent with, adjacent lfses in thatthe proposed
facilitY.functions"as if it were.ancillary equipment to the existing building,
D"There are adequate public facilities, 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
characjteristicsin that th~proposedtelecommunications facility has beendeslgned,
sited, and screened sueti thClt itwill not res,ult,in visual impacts to the surrounding
community, and the facilitywill comply with FCC design and operational standards.
F The generation of traffic will not adversely ,impact the capacity and physical
character of the sqrrounding streets and/or the:Circulation Element ofthe, 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 !heproposed telecommunications facility will enhance
telecommunications coverage in the Business Park area of the City
H, Therewill not be'significantharmful effects,uponer,lVironmentalquality and natural
resources in that the proposed telecommunications'facllltyis located on a developed
property and does:not'ihvolve'the removal of natural habitat resources,
I There are no relevant negative impacts associated with the proposed.
telecommunications:facility that cannot be mitigated inthat the facility will comply
with FCC design and operational standards.
J That the potential iropacts,and the proposed location, size, design and ,operating
characteristics ,of the' proposed telecommunications facility will not be materially
injurious to properliesor improvements inthe.vicihity"nor be contrary to the adopted
General Plan;.inthat the facility has been designed, sited, and screened sucht,hat it
will not result in visual impacts and will.comply with FCC design and operational
standards,
K. The Rn)posed telecommunications .facility .willcbmply with all the applicable
provisions of Ch1!pter 17 A8 of the Poway Municipal Code in that the f1:jcility has
been designed, sited, and screened suc~ th~t it willnotresult in visualimpacts and
will comply with FCC design and operatiohalstandards,
, . ,
Section:3 . The'C1tyCouncil hereby approvesCUP01-1 Oto install a telecommunications
facilityat 12140 Community Road, as shown on the plans dated September 7,2001,
subject to the following conditions:
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, . . 005958
Resolution No P-Ol"S,S
Page 3
A. Approval of this CUP request shall apply only to the subject project and shall ,not
.waive compliance with all secjionsof the Zoning Ordinance and all other applicable
€ity'ordinances in,effect at' thetime'ofbuilding permit issuance
B W,itlJin 30 days of the date ofthis 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 on Real Property
C The use conditionally granted by this approv!ll shall not be conducted in such a
manner as to interferewith the reasonable use ana enjoyment of surrounding uses.
D The conditions of CUP01-1 0 shall remain in effectfor the life of the subject wireless
telecommunicationsfacility.'and shall run witMhe land and be binding upon future
owners, successors, heirs, and transferees of the current property owner
E, CUP 01-10 may be subject to annual review as determined by the Director of
DevelbpmentServices .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 Perrnit prior to installation df 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 time of electrical/building permit issuance
2, The specific materials used to create the paint and texture of the antennas
shall be depicted on the building plans, The selected materials:shal1 match,
as closely as P9ssible, the existing walls, to.thesatisfaction of the Director of
Development SerVices,
3 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 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 of these measurementsandthe,engineer'sfindings with
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respectto compliance with MPE limits: shall be submitted to the Director of
Development Services. The facility shall not commence ,norrnal operations
untU 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:Cit'ymay require., at the applicant's expense, independent verification of
the "results ofthe'analysis,
. . '065959
Resolution No, P- 01-55
Page 4
H. Prii:Jr'to obtaining ,a final inspection on the building permits, the applicant shall
comply with the following:
1 The site shall be developed in accordance with the approved plan on file in
the DelJelopmentServices Department and the conditions contained herein.
A final irispectionfrom the appropriate City Departments will be required,
I Upon establishment of thewireless telecommunications facility, pursuanUo CUP 01-
10, the foilowing shall apply:
1 All facilities and related equipment shall bern,aintained in good repair Any
damage from any cause shall be repaired as soon as reasonablypossible.so
as to minimize.occurrences of dangerous conditions or visual blight.
2. The facility, shall be operated in such a manneras 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 weekend's 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 t~e noise standards
contained in the Pbway 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 of the' facility shall be strictly liable for interference caused by
their facilities with' City telecommunicatipns systems or other public agency
emergency communication systems. 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 limited
to filtering, installihgcavities, installing, directional antennas, powering down
systems, .ancj engineering analyses), and,'all costs arising from thira party
claims against the City attributable to the interference.
5 The wireless telecommuni<;:ations facility shall not be operated in such a
manner that it poses, either by itself or in cgmbination with other such
facilities, a potential threat to public he?lth, To that end, no facility or
combination of facilities shall produce at any time powerdE!nsitie,s in any
inhabited area th1'lt exceeds the FCC's Maximum Permissible Exposure
(MPE) limits for'electri,c and magnetic field strength and power density for
transmitters or any more restrictive standa'rdsubsequently adopted or
promulgated by the City, County, State of California, or the Federal
g()ve,rriment If there is any change in, the manner in which the facility is
operated or change in the MPE, a report pursuantto Condition G,3. of this
Resolution shall be submitted to the Director of Development Services for
review and approval.
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. . OOSe60
Resolution No p- 01-55
Page 5
Section 4:, lheowner of thewireless telecommunications facility, shall remove all of the
communication equipment, and ?ssoylated structures, approvea pursuant to this permit
withiit60'days'of'ceasing'operation of the telecommunications facility
Section 5: The approval of CUP 01-10 shall expire on October 16. 2003 at 5:00 p.m,
u.t,-Iess, prior to that time, a Building Permit has been issued and construction on the
property inrelian-ce on the CUP apRroval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State-of California, this 16th day,ofOctober 2001
yor
ATTEST'
B1Mi n~~-+.1~~ i
Lori nne Peoples, City Clk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
_ I, Lori Anne Peoples; City Clerk of the City of Poway~ do hereby certifY. under the
penalty of perjury, thatthef9reg9ing Resolution No.P-Ol-55 ,was duly adopted by the
City Council at a meeting,ofsaia City Council held on the 16th day of October 2001, and
that it was so adopted by. the following vote,
AYES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABS1AIN: NONE
ABSENT NONE
~~~
Lori 'nne Peoples, City Cle k
City of Poway
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