Covenant Regarding Real Property 2001-0132837
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DOC t2001-01328j7
RECORDING REQUEST BY:
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MAR 08. 2001 8=10
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY ,1. SMITH, COUNTY RECORDER
FEES: 0.00'
A,...l
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074.()789
No Transfer Tax Due
<This space for'Record(!r's Use)
COVENANT REGARDING'REAL PROPERTY
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Poway WnifiedSch,ool District, PROPERTY OWNER ("OWNER" hereinafter), is the
owner of real property described in Exhibit A which is attached hereto and made a part
hereof and which is commonly known as Assessor's Parcel Number 278-450-27
("PROPERTY" hereinafter). Incdnsiperation ofthe approval of Conditional Use Permit 00-
21, by the City of Poway ("CITY"hereinafter), OWNER hereby agrees to abide by
conditions ofthe attached resolution (Exhibit B).
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 ofthe respective parties.
In the event that Conditional Use Permit 00-21 expires or is rescinded by City
Council at the request of OWNER, CITY shall expunge this Covenantfrom the record title
of PROPERTY
I n 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
OWNER: POWA Y UNIFIED SCHOOL DISTRICT
Dated: February 23, 2001 By'
Assistant Superinten?-ent
CITY OF POWAY
Dated:
"It,k
By:
Niall Fritz, Director ofDevelo
nt Services
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EXHIBIT "A"
PARCEL 1:
THAT PORTION OF SECTION 31, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO B~SE
'AND MERIDIAN, IN THE CITY OF 'POWAY, ACCORDING TO THE US. GOVERNMENT SURVEY
,THEREOF APPROVED SEPTEMBER 21, 1975, DESCRIBED AS FOLLOWS:
BEGINNIN~ AT A POINT IN TIlE WEST LINE OF THE EAST HALF OF TItE SOlJ"l'HWEST QUARTER
OF'~ECT!ON31", .WIlICH IS J:lIST~,T!lE1U:c>N N:ORTH 1:0~'?'55. WEST 41 75 FEET FROM THE
'SOlJ"l'HWEST CORNER 'OF mE NORTHEAST QUARTER OF SAW SOUTHWE3T QUARTER; THENCE
SOUTH 89014'49" EAST, 633.30 'FEET; THENCE NORm 89044'21" E~ST 238.22 FEET;
THENCE NORTH 89010' 11" 'EAST 459.00 FEET . MORE OR LESS, TO TIlE CENTER LINE OF TlIE
COUNTY ROAD KNOWN AS ROADSORVEY NO 335, AS SAIDCOOER LINE IS DESCRIBED IN
DEED TO, THE COUNTY OF SAN DIEGO', RECORDED AUGUST. 12, 1937 AS DOCOMENT NO, 47167
IN BOOK 669, . PAGE 48,4', OF OFFICIAL 1U:CORDS; TItENCE NORTHERLY. ALONG SAID CENTER
LINE TO ,THE: NORT!lERLY. LINE OF .TItE. SOUTHERLY 340 00 ,FEET OF THE NORTH HALF OF
SAID SECTION 31; THENCE WESTERLY ALONG TItE NORT!lERLY:LINE OF SAID SOUTHERLY
340.00 FEET 10'THE WEST LINE OF'THE EAST HALF OF THE WEST HALF OF SAID SECTION
31; THeNCE SOUTHERLY ALONG, SAID wES'T LINE TO THETRtJE POINT OF BEGINNING.
PARCEL 2
LOT EOF CITY OF POWAYTRACT 4093-R, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCOilDING TO MAP THE1U:OFNO'. 11396, IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMIlER 19, 1985.
PARCEL 3
LOT F OF CITY OF POW~Y TRACT 4093-R, IN THE CITY OF POWAY, COUNTY OF SAN.DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP. THEREOF NO. 11396 FILE:D IN TItE OFFICE OF
THE COUNTY RECORDER OF SAN DIE:GO COUNTY; CALIFORNIA. ON DECEMBER 19, 1985
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ATTACHMENT "B"
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RESOLUTION NO P-oO-85
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING'CONDITIONAL USE PERMIT 00-21
ASSESSOR~S PARCEL NUMBER 278-450-27
WHEREAS, NexteJ Communications, applicant, is requesting approval for the
construction ota wireless communication facility on the site of an existing public school in
the Public Facilities (PF) zone; and
WHEREAS, on October 24, 2000, the pty 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 Council finds that Conditional Use Permit 00-21 is Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant
to Section 15303(d) of CEQA, Class 3 exemption, as iUs the location 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 00-21 to add a wireless communication fa"cility on the site of an existing
public school at 1.5500 Espola Road in the PF zone, are made as follows:
A The proposed use is a public facility, which is allowed in the PF zone with the
approval of a CUP The facility is typical of wireless communication facilities
elsewhere in the City in terms of size design and operating characteristics. The
design utilizes a recreational field light standard as a support structure, which
renders the antennCls visually unobtrusive. Therefore, the proposed location, size,
design and operating characteristics of the proposed use is in accord with the title
and purpose of this title, the purpose of the zone in which the site is located, the
City's General pf~-h, and the deVeloprnEmt policies and standards.ofihe city
B. The location of the antennas and associated equipment will not create any
significant visual impacts because the items are small in scale in comparison with
the surrounding school, and they are attached to an existing light standard. The
facility is unmanned and will not create traffic impacts. The facility will not create
noise impacts. The communication facility wiil not affect site development'since it
will be located at the existing school. Therefore, the location, size, design, and
operating characteristics of the proposed use will be compatible with, and will not
adversely affect or be materially detrimental to adjacent uses, residents, buildings,
structures or natural resources.
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Resolution No. p- 00-85
Page 2
C. The antennas and related. equipment will not. affect the scale or bulk of the existing
property, or the site cov~rage. Therefore, the harmony in scale, bulk, coverage, and
density is consistent with adjacent uses.
D There are public facilities, services, and utilities available.
E. There will not be a harmful effect upon desirable neighborhood characteristics.
F Vehicle access is already provided to the site, which presently contains a high
schooL The project will not increase traffic: Therefore, the generation oftraffic will
not adversely impact the capacity and physical character of surrounding streets
and/orthe Circulation Element ofthe GeneralPlan.
G The light pole support structure is in keeping with the existing recreational field.
The antennas are made a part'of said structure. Therefore, the site is suitable for
the type and intensity of use or development which is proposed.
H. The project is very limited in'scope; therefore, there will not be significant harmful
effects upon environmental quality and natural resources.
There are no other relevant negative impacts of the proposed use that cannot be
mitigated.
J That the Jmpacts, as'. described above, and the proposed location, size, design and
operating characteristltsofthe proposed use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety
or welfare, or mate[ially'injurious to properties or improvements in the vicinity nor
be contrary to the adopted General Plan; and
K. Thatthe proposed'conditional use will comply with each ofthe applicable provisions
of the Poway Municipal Code.
Section 3 The City Council hereby approves CUP 00-21 to allow a wireless
communication facility on the site'ofan existing public school in the PF zone, consisting
of 12 panel antennas attached to an existing light pole, along with related ground 1T]0unted
equipment, as shown on the plans dated August 31, 2000, subject to the following
conditions.
A. Approval of this CUP request shall apply gnly to the subject project and shall not
waive'compliancewith,all sections of the Zoning Ordinance and all other applicable
City ordinances in effect at the time of building permit issuance.
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Resolution No P-OO-85
Page 3
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
owner shall execUte a Covenant on Real Property
C The operator shall not create unreasonable obstacles to the possible co-location of
other communication companies on the site.
D 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 the surrounding
residential and .commercial"uses.
E. The applicantshall 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 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. If
these calculated levels exceed 80% of the MPE limits, the applicantshall hire
a qualified eiec:trical engineer licensed by the State of California to measure
exposure leveis aUhelocation after the' facility is in operation. A report of
these measurements and the engineer's findings with respect to compliance
with MPE limitsishall be submitted to the Director of Development Services.
The facilityshail not commence 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.
2. Th? app[ica_ntshall COmply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, National EleCtric Code, Uniform Fire Code,and
all other applicable codes and ordinances in effect at the time of building
permit issuance.
F Prior to obtaining a final inspection on the building permits, the applicant shall
comply with the following:
1. The project shall be constructed, and completed in accordance with the
approved site plans on file in the Development Services Department and the
conditions contained herein.
G Upon establishment:ofthe wireless communication facility, pursuant to CUP 00-21,
the follo"",ing shall apply'
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Resolution No P- 00-85
Page 4
t. All facilities and related equipment, including lighting, shields,. cabinets, and
poles shall be maintained in good :repair, free from trash, debris, litter and
graffiti and other forms of vandalism. 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 a manner to minimize any possible
disruption caused by noise. Backup generators shall only be operated
during periodsof'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. Atno 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 standards set forth in this permit.
4 The operator of the facility shall be strictly liable for interference caused by
their facilities with, City communication 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 costsassbtiatedwlth eliminating the intE!rference (including but not limited
to filtering, installing cavities, installing directional antennas, powering down
systems, and engineering analyses),.and all costs arising from third party
claims againstthe City 'attributable to the interference.
5. The wireless telecommunication facility shall not be operated in such a
manner that it poses, either by itself or in combination with other such
facilities, a poterltial threat to public health. To that end, no facility or
,combihcjti6ri of facilities shall produce at any time power densities in any
inhabited area that exceeds the FCC's Maximum Permissible Exposure
(MPE) limits for electric and magnetic field strength and power density 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 E.2. of this
resolution shall be submitted to the Director of Development Services for
review and approval.
6 The use of the subject property for the purpose of a wireless communication
facility shall expire upon issuanceof,any'demolition permits for or removal
of the related public school facility In such an'event, if the applicant desires
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Resolution No. P-OO-85
Page 5
to obtain approval foruse:ofanynew antennas and/or building(s) on this site
for a wireless communication facility, including interim use, a major revision
to this CUP shall be reqLiired.
7 This Conditional Use Permit 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 occurred during the prior
year
Section,4: The owner of the wireless communication facility shall remove all of the
communication equipment, and associated structures, approved pursuant to this permit,
within 60 days of ceasing operation of the commUnication facility
Section 5: The approval of,CUP 00-21 shall expire on October 24. 2002 at 5:00 D.m.
unless, prior to that time, a Bliilding Permit has been issued and construction on the
property in reliance on the CUP approval has commenced prior to its expiration.
PASSED, APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 24th day of October 2000
ATTEST
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Resolution No, P-OO-85
Page 6
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Po way, do hereby certify, under the
penalty of perjury thatthe foregoing Resolution No. P-OO-85 was duly adopted by the
City Council at a meeting of said City Council held on the 24th day of October 2000, and
that it was so adopted by,thefollowing vote:
AYES
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES
NONE
ABST AI N:
NONE
ABSENT.
NONE
d~~ (LPC~pCIA~
Lori Anne Peoples, City Clerk
City of Poway
N:\CITY\PLANNING\OOREPORncUP0021.RES
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CALIFORNIA ALL.PURPOSE ACKNOWLEIDGMENT
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State of California
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County of San Diego
On February 23,' 200~ before me,
Date
Susan K. Kirchner
Name and Title of Officer (e.g., "Jane Ooe-, Notary Public")
personally appeared
ROBERT LEIGH BALL
Name(s) ofSigner(s)
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Xl personally known to me
o proved to me on the basis of satisfactory
evidence
,--- ,-
. .". SUSAN K. KIRCW\ellt' i
, Commission # 1245448 .
i ,.... Notary PUbli.C - California ~
~ San Diego. County f
_ _ My~~mm~~~:,~8~~
to be the person(-sj- whose name(sr- is/are--
subscribed to the within instrument and
acknowledged to me that he/sl ,c:lI '''y executed
the same ih his/h".,.fll ,,,;, authorized
capacity(~ and that by his/~",,'I:,dr
signaturefeTon the instrument the person(s),-er
the entity upon behalf of which the person('8t
acted, executed the instrument.
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WITNESS my hand and official seal.
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Signature of Nntary Public
Place Notary Seal Above
OPTIONAL
Though'fhe.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 anathe! document.
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Description of Attached Document
Title or Type of Document: Covenant Regarding Real Propertv
Document Date:
none
Number of Pages:
8
Signer(s)'Other Than Named Above:
Niall Fritz
Capacity(ies) Claimed by Signer
Signer's Name: Robert Leigh Ball
o Individual
o Corporate Officer;- Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
IX Other: Assh;tant Supf>rintendent
Signer Is Representing:
POWAY UNIFlED SCHOOL DISTRICT
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@ 1999 National Notary ,lI.ssocla\ion . 9350 De SOlO Ave., P,O, BoX 2402' Chatsworth, CA 91313-2402' www.nationalnotary.org
Prod. No. 5907
Reorder: Call TolI.Free 1 800e76-6827