Covenant Regarding Real Property 2001-0251063
d,
RECORDING REQUEST_
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY'.OFf'OWAY
P 0 BOX'7B9
POWAY CA 92074-0789
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No Transfer Tax Due
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5447 DOC' 2001-0251063
APR 24. 2001 8:28 AM
OffICIAL RECORDS
SAN DIE60 COUNTY RECORDER' S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 31.00
COVENANT REGARDING REAL PROPERTY
Brown Family Trust, property owner ("OWNER" hereinafter), is the owner of real
property described in Exhibit Awhich is attachedhereto,and made a part'hereof and which
is commonlyknpwn as Assessor's Parcel Number 275-461-07("PROPERTY" hereinafter).
In consideration of the approval of Conditional Use Permit 00-16 by the City of poway
("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the 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 of the respective parties.
In the event that Conditional Use Permit 00-16 expires or is rescinded by City
Council atthe request of OWNER, CITY shall expunge this Covenant from the record.title
of PROPERTY
In the event of litigation to enforce the provisions ofthis Covenant, theprevciiling
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
Dated.
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Dated'
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OWNER:
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AlanH Brown/Judith Brown, trustees (notarize)
By'
CITY OF POWAY
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By' ' .' " .
Niail Fritz, Director of elopment Services
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CALIFORNIA ALL.PUR.- 'E ACKNOWLEDGMENT
5448
State of
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Name arid Tille of otIicer (e.g.. Jane Doe~ No~ary Publlc")
flLA;N 1-1 B/uvI.JJ ~----------
Namejs) of Signerts)
On
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personally appeared
[J personally known to me - OR - ~ved to me on the basis'of satisfactory evidence to be the person(1)
whose name($) is/aI'& subscribed to the within instrument
and acknowledged to me that he/sAeARey executed the
same in his/hefAAeirauthorized capacity(ies), and th"at by
his/her.lttuiir signature(,) on the instrument the person(~),
or the entity upon behalf of which the person\!J) acted,
executed the instrument.
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Cii ,f:...J '\ Commlsslon'1284317 c::
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WITNESS my hand and official seal.
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OPTIONAL
Though the informationbefow is not required by law. it may prove. valuable to persons relying on the document and could prevent
fraudulentremovaJ and reattachment of this form to another document.
Title or Type of Document:
Description of Attached Document
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Document Date:
Number of Pages:
/
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
[J Individual
o Corporate Officer
Title(s):
:= Partner - '-- Limited :..J General
C Attorney-in-Fact
'-' Trustee
iD Guardian or Conservator
[J Other' Top of lnumo here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited :0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other" Top ollhumb here
Signer Is Representing:
Signer Is Representing:
@ 1994 National Notary ASsocralron . 8236 Remmel Ave.. P.O. Box 7184 . Canoga Park. CA 91309.7184
PrOd. No. 5907
Reoroer: Call TolI.Free 1-800-876.5827
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5449
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EXHIBIT" A "
ALL THAT PORTION OF LOT 3 IN SECTION 35i TOWNSHIP 13 SOUTH, RANGE 2 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THECci:ui'hv OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. DESCRIBED AS FOLLOWS
BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID LOT 3, FROM WHICH POINT
THE NORTHWESTERLY CORNER OF SAID LOT 3, BEARS NORTH 13002'59" EAST,
DISTANT 736 00 FEET, THENCE SOUTH 13 "02'59'iWESTALONG THE WESTERLY
LINES OF SAID, LOT 23!i80 FEET, THENCE LEAVING SAiD_WESTERLY LINE SOUTH
83050'40" EAST 427!i3 FEET TO THE CENTERLINE OF THAT CERTAIN 6000 FOOT
COUNTY ROAD KNOWN AS MISSION ROAD loA, ALSO KNOWN AS POMERADO ROAD,
THENCE ALONG SAID CENTERLINE NORTH 1 022'30nE~ST 267 71 FEET TO AN
INTERSECTION WITH A LINE BEARING SOUTH 88048'o6,i'EAST FROM THE POINT OF
BEGINNING, THENCE NORTH 88048'00" WEST TO THE POINT OF BEGINNING
Assessor's Parcel" No 275-461-07-00
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5450
EXHI BIT B
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RESOLUTION NO P- 00-75
A,RESOLUTION OFTHE CITY COUNCIL
OF THE CITY OF PO,WAY, CALlFQRNIA
APPROVING CONDITIONAL USE PERMIT 00-16
ASSESSOR'S PARCEL NUMBER275-461-07
WHEREAS, JM Consulting Group, applicant, is requesting approval for the
construction of a wireless communication facility on a developed commercial lot in the
Commercial Office (CO) zone; and
WHEREAS"on;September19, 2000, 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 Councildoes hereby resolve as follows:
Section 1: The City Council finds that Conditional Use Permit 00-16 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"16 to add a wireless communication facility ona developed commercial
lot at 15644 Pomerado Road in the CO zone, are .made.as follows:
A. The 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 andop~rating characteristics. The design utilizes parking
lot Iightstandards as support structures, which rendersthem\iisually unobtrusive.
Therefore, the proposed location, size, design and operating characteristics of the
proposed use is in' accord with the title and purpose ofthis title, the purpose of the
zone in which the site is located, the City's General Plan and the development
policies and standards of the City.
B The location of the ant~nnas and associated equipment will not create any
significant visual impacts because the items C1re small in scale in comparison'with
the builaing, and they will appear to be typical light standards. The facility is
unman Red and will not create traffic impacts. The facility will not create noise
impacts. The communication'facilitywill not 'affect sitt:! development since it will be
located in an existing parking lot. 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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5451
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Resolution No P-OO-75
Page 2
C The.antennas,and related equipmentwill not affect the scale or bulk of the existing
property, orthe site coverage. Therefore, the harmony in scale, bulk, coverage and
density is consistent with adjacent uses.
D There arepublic'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 an office
building. The project will not increase traffic.. Therefore, the generation of traffic will
not adversely impact the capacity and physical character of surrounding streets
and/or the circulation element of the GeneralPlan.
G The light pole support structures are in keeping with the existing parking. 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; th'erewill 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 Thatthe impacts,as described above, and the proposed location, size, design, and
operating characteristics of the proposed use arid the conditions under which it
would be operated or maintained will not be'detrimental to the public health, safety
orwelfare, or materially 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 00-16 to allow a wireless
communication facility on a developed commerciallbt in tile CO zone; consisting of four
panel antennas attached to the north and south sides oftwo new parking lot light poles,
along with related ground mounted equipment, as shown on the plans dated June 20,
2000, subject to the following conditions.
A. Approval of this CUP request shall apply only to the sLibjectproject and shall not
waive compiiance with.all sections of the Zoning Ordinance and all other applicable
City ordir:lances in effect at the time of building permit issuance
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5452
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Resolution No. P- 00-75
Page 3
B Within.:30 days of the date of this approyal: (1) theiapplicant shall submit in writing
that-all conditions of approvalhavebeen-read and understood; and, (2) the property
owner shall execute a Covenant on Real Property.
C The operator shall hot 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. Prior to issuance of a Building Permit the applicant shall comply with the following
1 The parkingJot lighting shall be depicted as meeting the requirements under
Poway Municipal Code, Section 17 10.l50.H., to the satisfaction of the
Director of Development Services. A detail of the fixtures depicting the
shielding shall be included in the plans.
2. The parking lot lighting shall be lowerecjto not exceed the 18 foot maximum
height limiH()r light poles on properties of less than 15 acres, as required
under PowayMunicipal Code, Section 17 10.150.H.6.
3 The equipment enclosure shall be depicted on the building plans as
constructed of decorative block, to the satisfaction of the Director of
Development Services
4 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 MPElimits, 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 measurements and the engineer:'s findings with respecUo compliance
with MPE limits shall be submitted to the Director of Development Services.
The facility shall not commence normal oRerations until it complies with or
has been modified to comply witb this standard. Proof of compliance shall
be a certification provided by the engineer who prepared the original report.
In order to assure the objectivity ofthe analysis, the City may require, at the
applicant's expense, independent verification of the results of the analysis
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5453
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Resolution No P-OO-75
Page 4
5. The applicantshall comply with tne' latest adopted Uniform Building Code,
Uniform Mechanical Code, National EJectric 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 proje"9t, shall be constructed arid completed in accordance with the
approved;site plans on file in the Development Services Department and the
conditions contained herein.
G. Upon establishment of the wireless communication facility, pursuant to CUP 00-16,
the foliowing shall apply:
1 All facilities and related equipment. including lighting. shields, cabinets, and
poles, shaU: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 periods of 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. At no time sball equipm.entnois'e 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 irispect 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 communicatiori systems or other public agency
emergency communication systems, The operator shall be responsible for
alllabor'and.eqUipment costs for determining the source of the interference,
all costs associated With eliminating the interference (including but not limited
to filtering, ir]stallirig cavities, installing directional antennas, powering down
systems, andengiheering analyses), and all costs arising from third party
claims against the City attributable to the interference
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5454
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Resolution No. P-OO-75
Page 5
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 potential threat to public health. To that end, no facility or
combination 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 cellular site shall expire
upon issual1ceof any demolition permits for or removal of the related
commercial parking lot. If the applicantdesires to obtain approval for use of
any new par~ing lot and/or buflding(s) on this site for cellular antennas,
including interim use, a major revision to this CUP shall be required.
7 This Conditional Use. Permit may besubject,toannual review as'determined
by the Director of Gevelopment Servicesfor'compliance with the conditions
of approval and to address concems that may have occurred during the prior
year
Section 4: The owner ofthe ante'nna shall remove,all of the communication equipment
approved pursuant to this permit within 60 days of ceasing operation of the'communication
facil ity
Section 5: The approval of CUP 00-16 shall expire on Seotember 19. 2002. at 5:00 o.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.
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545$
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Resolution No P- 00-75
Page 6
PASSED; ADOPTEB AND APPROVES by the City Council of the City of Poway,
State of California, this 19th day of September 2000:
ATTEST
Lori Anne Peoples, City Clek
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 thatthelorego'ing Resolution No. P- 00-75 was duly adopted by the
City Council at ameeting of said City Council heldon.the.19th day of September 2000, and
that it was so adopted by the following vote.
AYES
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES
NONE
ABSTAIN
NONE
ABSENT
NONE
Lori . nne Peoples, City Cler
City of Poway
N:\CITYlPLAN N I NGIOOREPORTlCUPOO 1 6:RES