Covenant Regarding Real Property 2003-0650425�P
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RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
IOC 0 2003 - 0650425
JUN 03, 2003 8:46
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 32.00
2003- 0650425
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Baker and Farajzadeh, a California General Partnership, PROPERTY OWNER ( "OWNER"
hereinafter), is the owner of real property ( "PROPERTY" hereinafter), which is commonly known as
Assessor's Parcel Number 317 - 021 -10 and more particularly described in Exhibit A.
In consideration of the approval of Conditional Use Permit (CUP) 02 -12, 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 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In the event that CUP 02 -12 expires or is rescinded by City Council at the request of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. ,
OWNER:
Dated: 5 -1 _o Byy:
Edwa� Taraiza a Notarize)
Baker and Farajzadeh, Plartnership
CITY %OF POWAY �i�"�
Dated: ' 1�' 3 By: /V�rv4l ��s�'?
Niall Fritz, Director of De-y>lopment Services
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Jw -Di
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On 27 ZOQ3 ,before me, vo c r�,(tf,
Date .I Name and Title of
personally appeared UWRtit(� � J} A_ (ZAJ
MICHELLE KLEIN
Commission 3! 367929
Notary Public- COMOMW
San DKI90 County
My Ccrrsn. Exp ms "2A, 2005
Place Notary Seal Above
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❑ ersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person whose nameV)o /afe
subscribed to the withi instrument and
acknowledged to me t e&shekheq executed
the same in his/ 90theif authorized
capacity(ies'), and that by is eMheir-
signatureW on the instrument the person(, or
the entity upon behalf of which the person/
acted. executed the instrument.
my hand and
OPTIONAL
Though the 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 another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
Tap of thumb here
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01999 National Notary Association • 9350 be Soto Ave., P0. Box 2602 • Cnatswode, CA 91313 -2402 • www natlonainotaryoM Prod No 5907 Reorder, Call Toll -Free 1800.876 -6827
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EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of California,
described as follows:
The East 160 feet (measured along the Northerly line) of Lot 26, Tract "F" of Poway, in
the County of San Diego, State of California, according to Map thereof No. 536, filed in
the Office of the County Recorder.
Excepting therefrom the South 370 feet of.the North 370 feet thereof. Said distances
being measured along the Northerly and Easterly lines of said Lot 26.
Also excepting.therefrom the South 170 feet of the North 637.20 feet (measured along
the Easterly line) of the East 160 feet (measured along the Northerly line) of said Lot 26.
Also excepting therefrom that portion of Lot 26, Tract "F" of Poway, County of San
Diego, State of California, according to Map thereof No. 536 on file in the Recorder's
Office of said County conveyed to Albert C. Herter, Jr., et ux, by deed recorded
December 28, 1977 as File /Page No. 77- 534097 of Official Records in said Recorder's
Office lying Easterly of a line that is parallel with and 51. feet Westerly of the centerline
of Pomerado Road.
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RESOLUTION NO. P -03 -10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 02 -12
ASSESSOR'S PARCEL NUMBER 317: 021 -10
WHEREAS, Conditional Use Permit (CUP) 02 -12 was submitted by Cingular 3
Wireless, Applicant, to install a telecommunications facility on a developed property located
at 13244 Pomerado Road in the Commercial General (CG) zone, and;
WHEREAS, the proposed telecommunications facility consists of antennas mounted
to the existing building (i.e., 12 panel -type antennas mounted to the east, north and south
facades), ground- mounted equipment, and an equipment enclosure, and;
WHEREAS, on February 18, 2003, 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 proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15303 of the CEQA Guidelines, in that the project involves the installation of a small, new
telecommunications facility providing a utility extension to serve the surrounding areas.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for CUP 02 -12 to install a telecommunications facility on property located at 13422
Pomerado Road in the Commercial General zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
telecommunications facility are in accord with the title and purpose of Chapter 17.48
of the Poway Municipal Code (Conditional Use Permit Regulations), 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 operating characteristics of the proposed
telecommunications facility will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings, structures, or natural
resources in that the facility has been designed and sited such that it will not result
in visual impacts to the surrounding community and it will comply with Federal
Communications Commission (FCC) design and operational standards. The facility
is unmanned and will not create traffic impacts.
EXHIBIT B
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Resolution No. P -03 -10
Page 2
C. The proposed telecommunications facility is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the 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
characteristics in that the proposed telecommunications facility has been designed,
sited, and screened such that it will not result in a visual impact 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 physical
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 in that the proposed telecommunications facility will enhance
telecommunications coverage in the City.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed telecommunications facility is located on a developed
property and does not involve the removal of natural habitat resources.
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.
That the potential impacts, and the proposed location, size, design and operating
characteristics of the proposed telecommunications facility will not be materially
injurious to properties or improvements in the vicinity, nor be contrary to the adopted
General Plan, in that the facility has been designed and sited 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 17.48 of the Poway Municipal Code in that the facility has
been designed and sited 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 02 -12 to install a telecommunications
facility consisting of 12 panel antennas, facade - mounted, and associated equipment and
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Resolution No.. P -03 -10
Page 3
enclosure at 13422 Pomerado Road, as shown on the plans dated December 19, 2002,
subject to the following conditions:
A. Approval of this CUP request shall apply only to the subject project and shall not 3
waive compliance with all sections of the Zoning Ordinance and all other applicable
City ordinances in effect at the time of Building Permit issuance.
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
owners shall execute a Covenant Regarding Real Property.
C. 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 surrounding uses.
D. The conditions of CUP 02 -12 shall remain in effect for the life of the subject wireless
telecommunications facility and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
E. CUP 02 -12 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:
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 shall match,
as closely as possible, the existing walls, to the satisfaction of the Director of
Development Services.
3. The antennas shall be spaced on each facade elevation to make them
appear as an architectural element.
4. A landscape /irrigation plan in accordance with the applicable requirements of
the City of Poway Guide to Landscape Requirements shall be submitted to
and approved by the Director of Development Services. Said plan shall
include, at a minimum, the following:
Resolution No. P -03 -10
Page 4
a. Replacement and extension of irrigation systems to ensure proper
irrigation of all new plantings.
b. Root control barriers around trees, as approved by the Engineering
Services or Public Services Department.
C. The shrubs and ground cover needed to fill in the area around the
enclosure after construction.
d. Any proposed hardscape to provide access to the enclosure.
5. A $525.00 deposit for plan checking is required with the landscape plan
submittal package to cover the Plan Check fee. Any unused amount will be
refunded.
G. Prior 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 Development Services Department (dated December 12, 2002) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
2. The antennas shall not be activated for use until a final inspection is
conducted by the Development Services Department — Planning Division.
3. Provide an access key to the equipment enclosure for the onsite Knox
Security Key Box.
H. Upon establishment of the wireless telecommunications facility, pursuant to CUP 02-
12, 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 a manner as 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 be 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 the noise standards
contained in the Poway Municipal Code.
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Resolution No. P -03 -10
Page 5
3. All outdoor lighting in the enclosure shall not emit light rays that project below
the imaginary horizontal plan passing through the lowest point of the fixture
and in such a manner that the light is directed away from streets and
adjoining properties.
4. 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.
5. All required landscaping shall be permanently maintained in a healthy and
thriving condition, free from weeds, trash and debris.
The operator of the facility shall be strictly liable for interference caused by
their facilities with City telecommunications 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, installing cavities, installing directional antennas, powering down
systems, and engineering analyses), and all costs arising from third party
claims against the City attributable to the interference.
7. The wireless telecommunications 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 exceed the FCC's Maximum Permissible Exposure (MPE)
limits 'for electric and magnetic field strength and power densities 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 shall be submitted to the Director of
'Development Services for review and approval. The Director may also
require an updated report as part of any review of this Conditional Use
Permit.
Section 4: The owner of the wireless telecommunications facility shall remove all of the
communication equipment, and associated structures, approved pursuant to this permit
within 60 days of ceasing operation of the telecommunications facility.
Section 5: The approval of CUP 02 -12 shall expire on February 18, 2005, 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.
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Resolution No. P -03 -10
Page 6
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 18th day of February 2003.
Michael P. Cafagn or
ATTEST:
r--o . "
Lori lAnne Peoples, City lClerk
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, that the foregoing Resolution No. 03 -10 , was duly adopted by the
City Council at a meeting of said City Council held on the 18th day of February 2003, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
Lori Anne Peoples, City CI rk
City of Poway