Covenant Regarding Real Property 2011-0124997D O A# 2011 - 0124997
Illlifl I ����� II �� IIIII IIIII IIIII IIII 1 II
l „n RECORUINGREQUESTBY: ),
MAR 08, 2011 12,08 PM
'AF
CITY;POWAY )
I ) OFFICIAL RECORDS
1 WHEN;RECORDED MAIL TO: SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 4900
CITY CLERK 1 PAGES: 12
CITY OF POWAY )
POWA X CA 92074-0789 111111 If I Nil 11111 I N411111111 111111111111111111111111111111111111111IN1111
1
APN: 396. 063 -02 / CUP 10 -19
COVENANT REGARDING REAL PROPERTY
Thomas J. Farley, 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 un- addressed and located south of the westerly terminus of Cobblestone Creek Road, and
is commonly known as Assessors' Parcel Number 316- 063 -02 ( "PROPERTY" hereinafter).
In consideration of the approval of Conditional Use Permit (CUP) 10 -19 by the
City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by ther conditions of
approval contained in 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, encumbrances, successors, heirs, personal representatives', transferees
and assigns of the respective parties.
In the event that CUP 10 -19 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by CUP 10 -19, upon the request of the OWNER the City shall
expunge this Covenant from the record title of the PROPERTY and this CUP 10 -19 shall be
of no further force or effect.
If either party incurs costs as a result of filing a civil action 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: Thomas J. Farley
r
Dated: By:
(Notarize)
CITY OF POWAY
Dated: By:
obert J. kpnis
irectoir of Development Services
M:lplanning \11 report\cup \10 -19 T- Mobile \cov.docx
1 k- 003
n
u
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
CIVIL CODE § - 1189
State of California l
County of /��/ �C� ✓ Jl /,/, /�
On
�lC1 2011 before me, ,, f/� L� /S — h !(//!/�yoT�Y Y�[�8 c_
Date Here Insert Name antl Ttle of the Othcer
personally appeared
PHYLLIS SHINN
Commisslon # 1778
'm Notary Public - California
Son Diego County
COmm:Ex 'res Nav9,2011
Place Notary Seal Above
Name(s) of
who proved to ,me on the basis of satisfactory
evidence to be the person( whose name( is /Ok
subscribed to,the within instrument and acknowledged'
to me 'that he /s)le/th�y executed the same in
hislfWAh�ir authorized capacii and that by
his /001 signature( on the instrument the
pi, or the entity upon behalf of which the
personm acted, executed,the instrument.
I certify under PENALTY OF PERJURY under the
laws of the -State of .California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.. - 1
Signature::///
Signature_ of Notary Public
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 R ocum_ent
Title or Type of Docuu enI
/ r'
Document Date: x1 ,C y Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner— ❑ Limited ❑ General Too or momb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is, Representing:
Notary
org
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHrTHUMBPRINT
OF SIGNER
Item #5901
10
EXHIBIT A
1.3.5 7
06- 160136
LEGAL DESCRIPTION
THE LAND REFERRED TO.HEREIN IS
CALIFORNIA, COUNTY OF SAN DIEGO
THAT PORTION OF' THE NORTH HALF
SECTION.22, TOWNSHIP. 14 SOUTH,
BASE AND MERIDIAN,, IN THE CITY
STATE OF CALIFORNIA, ACCORDING
DESCRIBED AS FOLLOWS:
SITUATED IN THE STATE OF
D AND IS DESCRIBED AS FOLLOWS:
OF THE NORTHEAST QUARTER OF
RANGE 2 WEST, »'SAN ,BERNARDINO
OF POWAY,, COUNTY OF SAN DIEGO,
TO OFFICIAL PLAT THEREOF,
COMMENCING.AT A POINT ON THE SOUTHEASTERLY LINE OF THAT CERTAIN
80.00 FOOT COUNTY HIGHWAY.F..A.S. 729 -1 AS SHOWN ON THE MAP OF
THE RELOCATION, OF ROAD SURVEY NO. 967 ON'F_ILE IN THE OFFICE OF
THE COUNTY SURVEYOR OF-SAID SAN DIEGO COUNTY., SAID POINT, OF
COMMENCEMENT BEING OPPOSITE ENGINEERS STATION 100 PLUS. 57'.22
D
H.C. ON THE'CENTER LINE OF SAID HIGHWAY AN BEING THE 'WESTERLY
TERKINUS OF A CURVE -IN SAID SOUTHEASTERLY LINE CONCAVE
SOUTHEASTERLY AND 'HAV.ING ''A .RADIUS OF 236'0 FEET, A RADIAL
LINE OF SAID CURVE BEARING. NORTH 35'39'20 "'.WEST•THROUGH SAID
POINT.; THENCE NORTHEASTERLY ALONG SAID, CURVE 'THAOUGH A CENTRAL
ANGLE OF 4`16'22" A DISTANCE OF 176.00 FEET TO THE NORTHWESTERLY
CORNER OF LAND DESCRIBED INDEED TO ROBERT_'C,, FIRTH, ET UX,
RECORDED MARCH 2, 195,6 IN, BOOK 5998, PAGE 289 AS DOCUMENT NO.
28689 OF OFFICIAL RECORDS-; THENCE ALONG THE WESTERLY AND
SOUTHWESTERLY LINES THEREOF AS FOLLOWS: SOUTH 3'58'50" WEST
95.30 FEET TO THE BEGINNING OF A TANGENT 100.,00 FOOT RADIUS
CURVE, CONCAVE ;NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG TIE]
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 76`38'00" A
DISTANCE OF 133;.75 FEET,; THENCE TANGENT 'TO SAID CURVE SOUTH
72'39'10" EAST 18546 FEET TO THE EASTERLY CORNER OF F.IRTH'S
LAND; CONTINUING SOUTH 72 °39'10 ",EAST I73.47'FEET TO A POINT
HEREIN DESIGNATED AS POINT "A ", ALSO , BEING THE BEGINNING OF A
TANGENT 150..00 FEET RADIUS CURVE CONCAVE NORTHERLY; THENCE
EASTERLY ALONG SAID CURVE THROUGH!-A CENTRAL ANGLE OF 15'39'40"
A DISTANCE OF 41.00 FEET; THENCE-TANGENT TO SAID CURVE SOUT13
88 "18'50 " EAST 99.12 FEET TO A TANGENT 250.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE ,84.98 FEET
THROUGH AN ANGLE OF 19"28'30" TO A POINT OF REVERSED CURVATURE
HAVING A RADIUS OF 145.76 FEET; THENCE EASTERLY ALONG SAID
CURVE 103,60' FEET 'THROUGH AN ANGLE'OF 40 43'30 "; THENCE TANGENT
TO SAID CURVE•SOOTH'67'03'50" FIST 53 -10 FEET; THENCE SOUTH
70'52" EAST 50.00 FEET TO THE SOUTHWESTERLY. CORNER OF THE LAND
-1-
Exhibit A
1358 06- 160136
.DESCRIBED >�I - N •DEED TO ,DAVID R. SHEPARDSON, ET UX',! RECORDED APRIL
1'S., T9'S3 I'N: BOOK 4821,, PAGE 290. OF OFFIC - IAL, RECORDS''; THENCE
ALONG THE SOUTHERLY BOUNDARY THEREOF, SOUTH 70`52 "00d EAST
25..-00 FEET AND .NORTH 86 EAST 119.,90. FEET TO THE MOST
WESTERLY CORNER.OF LAND DESCRIBED INDEED TO,L'A'ZER J. TARZ'A'N„ 'ET
U X, RECORDED JULY 22, X1958 AS 'FILE NO. 117385 OF OFFICIAL
RECORDS; THENCE ALONG THE SOUTHWESTERLY LANE THEREOF SOUTH
39``30'15 "' 'EAST 249.75 FEET TO THE SOUTHWESTERLY CORNER OF SAID
TARZ LAND; THENCE CONTINUING SOUTH 39 "30'15" EAST 111.25'
FEET; THENCE SOUTH',21'23'151" EAST 125.60 FEET TO THE
NORTHWESTERLY CORNER OF LAND DESCRIBED UNDER PARCEL I OF DEED
TO VIOLA V. HERRIOT,RECORDED MARCH 2, 1956 IN BOOK 59,98•, PAGE
369 AS DOCUMENT NO. 28726 OF OFFICIAL RECORDS; THENCE ALONG THE
WESTERLY LINE THEREOF., SOUTH 21`28'1 -5" EAST '20.00 FEET TO THE
BEG OF A. TANGENT 3.9.36 FOOT RADIUS CURVE,, CONCAVE
NORTHWESTERLY, ALSO'BEING THE TRUE POINT OF .BEGINNING; THENCE
LEAVING SAID WESTERLY LINE, SOUTHERLY, SOUTHWESTERLY, WESTERLY
AND NORTHWESTERLY ALONG'SAID CURVE THROUGH A CENTRAL ANGLE OF
162 ° 36' A DISTANCE OF 111.70 FEET; THENCEiTA'NGENT TO SAID
CURVE, NORTH 38 WEST 82.37 FEET TO TH.E,BEGINNING OF A
TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL, ANGLE OF
33''25'A DISTANCE OF'58.3.4 FEET TO THE NORTHEASTERLY CORNER OF
LAND DESCRIBED IN 'DEED TO LAWRENCE E. O'BRIEN', ET UX, RECORDED
MAY 4, 1954 IN BOOK 52261 PAGE 364 OF' OFFICIAL RECORDS; THENCE
ALONG THE NORTHERLY LINE OF SAID O'BRIEN "S LAND, CONTINUING
ALONG SAID 100. FOOT RADIUS CURVE, THROUGH A CENTRAL' ANGLE OF
10`94'35" A DISTANCE OF I8..T5 FEET; THENCE `ANGENT TO SAID
CURVE, NORTH 83`02'15 "WEST 297.86 FEET TO THE MOST'NORTHERLY
CORNER OF SAID O'BRIEN "S'LAND,; THENCE LEAVING SAID LAND AND
ALONG THE WESTERLY.PR_OLONGATION OF SAID NORTHERLY LINE - THEREOF,
NORTH 83• "02'15" WEST TO AN INTERSECTION WITH A LINE WHICH BEARS
SOUTH 2 "37'10" WEST FROM SAID POINT "A" AS DESIGNATED
HEREINABOVE; THENCE 2' °'3',7'10" WEST TO THE SOUTHERLY LINE OF SAID
NORTH HALF OF THE NORTHEAST QUARTER; THENCE EASTERLY ALONG SAID
SOUTHERLY LINE'TO THE SOUTHWEST CORNER OF',SATD 'HERRIET'S LAND;
THENCE ALONG THE WESTERLY LINE THEREOF, NORTH 21`28'15" WEST TO
THE 'PRUE POINT OF BEGINNTNG.
EXCEPT'I'NG THEREFROM THAT PORTION OF LAND DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN
80.00, FOOT COUNTY .HIGHWAY F.A.S. 729 -1 AS SHOWN ON THE MAP OF
THE RELOCATION OF ROAD SURVEY NO. 937 ON FILE IN THE OFFICE OF
THE COUNTY SURVEYOR OF SAID COUNTY, SAID POINT BEING OPPOSITE
ENGTNEER °S STATION 110 PLUS 89.06 B.C. IN THE CENTER LINE OF'
SAID HIGHWAY AND BEING ALSO THE EASTERLY TERMINUS OF A CURVE IN
—2—
1359 06- 160136
d
SAID SOUTHERLY L$NE CONCAVE SOUTHEASTERLY AND HAV °ING A RADIUS
OF .2360...00 `FEET;- 'THENCE SOUTHWESTERLYt 'ALONG SAID CURVE' THROUGH
A CENTRAL 'ANGLE OF 2' ° 54'48 "' A D.I,STANCE'OF 120.00 FEET TO A
POINT THROUGH WHICH A RADIAL -LINE OF SAID CURVE BEARS NORTH
13'`56'08" WEST; THENCE HAVING THE SOUTHERLY LINE OF SAID
HIGHWAY, SOUTH 25'42'45" EAST 240.,51 FEET; THENCE NORTH
81'13'40 '' EAST 181.32 FEET; THENCE SOUTH 28 29' EAST 305.45
FEET; THENCE SOUTH '62 ° 42' WEST 30.71 -FEET TO THE BEGINNING OF `A
TANGENT CURVE, CONCAVE AND HAVING A RADIUS OF
150.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE. OF 46''41'30" A DISTANCE OF 122.24 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 16 °00'30" WEST 61.42 FEET; THENCE
SOUTH 39 ° 30 15" EAST 361.00 FEET; THENCE SOUTH 21'28''15" EAST
145.60 FEET TO THE 'BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHWESTERLY AND'HAVING'A RADIUS OF '39.36 FEET'; THENCE
SOUTHERLY, SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG. SAID
CURVE THROUGH A CENTRAL ANGLE OF 162'36' A' DISTANCE 'OF 111.70
FEET; THENCE TANGENT TO SA -ID CURVE NORTH 38 ° '52'15" WEST 82,3
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 100,.00 FEET; THENCE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 33*25'25" A DISTANCE OF
58 -.34 FEET;' THENCE ALONG A RADIAL LINE OF SAID CURVE SOUTH
17`42'20" WEST 20...00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE RETRACING NORTH 17`42'20." EAST ALONG SAID RADIAL LINE
20.00 FEET TO "A POINT ON THE ARC OF SAID 100.00 FOOT RADIUS
CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 10`44'35.." A DISTANCE OF 18.75 FEET; THENCE TANGENT TO
SAID CURVE NORTH 83'02'15 ' WEST 297.86 FEET; THENCE SOUTH
29`03'45" WEST 173.17 FEET; THENCE SOUTH 1'26' WEST 87.36 FEET,
THENCE EASTERLY IN A STRAIGHT LINE 400 FEET MORE OR LESS TO THE
SOUTHERLY TERMINUS OF A STRAIGHT LINE 'DRAWN SOUTH 2 ° 37'10." WEST
214.50 FEET FROM THE TRUE POINT OF BEGI'NNING';, THENCE NORTH
2 °37'10" EAST 214.50 FEET TO THE TRUE.PO'INT OF BEGINNING.
- -3—
E
RESOLUTION NO. P -11 -03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY,.CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 10 -19
ASSESSOR'S PARCEL NUMBER 316- 063 -02
WHEREAS, Conditional Use Permit (CUP) 10 -19 was submitted by DePratti, Inc.
(for T- Mobile), Applicant, to install a telecommunications facility on property west of
and adjacent to 12601 Cobblestone Creek Road, in the Rural Residential A (RR -A) zone;
and
WHEREAS, the proposed telecommunications facility consists of six panel
antennas, mounted in pairs, on three steel poles with an overall height of 11 feet, a GPS
antenna, and associated equipment; and
WHEREAS, on February 22, 2011, 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, BE IT RESOLVED by the City Council of the City of Poway
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 new, small
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 (PMC), for CUP 10 -19 to install a telecommunications facility are made as follows:
A. The location, size, design, and operating characteristics of the proposed
telecommunications facility are in accord with the title and purpose of Chapter 17.48
PMC (Conditional Use Permit Regulations), the 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, people, 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. The use will comply with Federal
Communications Commission (FCC) design and operational standards. The facility
is unmanned rand will not create traffic impacts.
C. The telecommunications facility is in harmony with the scale, bulk, coverage, and
density of, and is consistent with, adjacent uses in that the proposed facility will blend
in with surrounding landscaping.
EXHIBIT B
1 0
0
Resolution No. P- 11 -03
Page 2
D. There are adequate. public facilities, services and utilities •available at the subject
s_ite•t_aserye 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 that is proposed
in that the facility will enhance telecommunications coverage in the City and.will not
generate additional traffic.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed telecommunications facility will 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.
J. That the potential impacts, and the proposed location, size, design, and operating
characteristics of the 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 PMC 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 10 -19 to install a telecommunications
facility as shown on the approved plans on file with the City, subject to the following
conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers,
and employees from any and all claims, actions, proceedings, damages, judgments,
or costs, including attorney's fees, against the City or its agents, officers, or
employees, relating to the issuance of this permit, including, but not limited to, any
action to attack, set aside, void, challenge, or annul this development approval and
any environmental document or decision. The City may elect to conduct its own
Resolution No. P- 11 -03
Page 3
defense, participate in its own defense, or obtain independent legal counsel in
defense of any claim related to this indemnification. In the event of such election,
applicant shall pay all of the costs related thereto including, without limitation,
reasonable attorney's fees and costs. In the event of a disagreement. between the
City and applicant regarding litigation issues the City shall have the authority
to control the litigation and make litigation related decisions including, but-not limited
to, settlement or other disposition of the matter. However, the applicant -shall not
be required to pay or perform any settlement unless such settlement is approved by
applicant.
B. 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.
C. Within 30 days of the date of this approval, and before the issuance of any permit:
(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
Regarding Real Property. In order for the City to prepare the Covenant the applicant
must first submit a legal description of the subject 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 surrounding uses.
E. The conditions of CUP 10 -19 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.
F. CUP 10 -19 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.
G. 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:
(Engineering)
1. Provide a written request for a waiver of a, Grading Permit from a California
licensed engineer or licensed architect certifying that a Grading Permit
will not be required pursuant to the Poway Municipal Code. The letter
shall be in a form acceptable to the City of Poway, signed and sealed in
accordance with the Business and Professions Code, and include the
calculations used to make the determination.
2. The applicant shall incorporate Low Impact Development (LID) design
features into the site development. These shall be clearly shown and
identified on the site plan included with the building plan check submittal,
and be appropriately sized for the proposed level of development.
Resolution No. P- 11 -03
Page;4
1 The applicant shall obtain a Building Permit for all proposed retaining
walls as required by the Poway Municipal Code.
(Planning)
4. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
5. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City departments will be
required.
6. The proposed retaining walls shall be, re- designed to lower the height
to not exceed six feet. The height shall be clearly depicted on the plans
included in the building plan check submittal. Retaining wall materials
are to be earth -tone and the color is to be specified on the building plans.
7. A $3,000 deposit shall be submitted to ensure completion of the required
Confirming Radio Frequency (RF) Report,, as specified in Condition of
Approval H.1 below. The deposit shall also be used to cover the cost of an
Independent Consultant to review the report, as determined by the Director
of Development Services.
8. The antennas shall not be activated for use until the Building Division
conducts a final inspection.
9. The Building Permit plans shall include a utility plan that shows the
equipment layout.
10. The antennas, poles and equipment shall be a color that blends with the
landscape and hillside surroundings. A color sample shall be provided
to the Planning Division for review and approval. The approved color
shall be depicted on the building plans.
11. The applicant shall repair, to the satisfaction of the City Engineer, any
damages ,to public and private roads that are caused by construction activity
frorif this project.
H. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 10 -19, the following shall apply:
1. Within 30 days of the commencement of operation of the antennas, the
operator shall submit a report, prepared by a qualified professional, which
specifies the actual RF levels within 500' feet of the facility and includes
a statement as to compliance with the FCC Maximum Possible Exposure
F
Resolution No. P- 11 -03
Page 5
(MPE) limit. The format of this report shall conform to City requirements.
The intent of the report is to measure exposure levels at the location after
the facility is in operation and shall include the cumulative RF levels of
all the telecommunications facilities at the subject site. A report of these
measurements, and the engineer's findings with respect to compliance
with MPE limits, shall be submitted to the Director of Development Services.
If that analysis determines the MPE levels are exceeded, the operator
shall cease operation immediately. Modifications shall be made to the
facility and the operator shall conduct a second confirming RF report of
the MPE levels. Full operation of the facility shall not be allowed until
the Director of Development Services has determined that the facility
is in compliance with Federal guidelines. The City may conduct an
independent verification of the results of the analysis provided by the
operator, at the operator's cost.
Upon demonstration, to the satisfaction of the Development Services
Department, that the telecommunications installation is in compliance with
all Federal Guidelines, any balance remaining from the security deposit
shall be refunded to the applicant, upon written request by the applicant.
2. 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.
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 the facility with City telecommunications systems or other public
agency emergency communication systems. The operator shall stop
operations and determine the cause prior to restarting the facility. 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 analysis), and all costs arising from third -party claims
against the City attributable to the interference.
5. The 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 within 500 feet of
the facility that exceed the FCC's MPE limits for electric and magnetic field
strength and power densities for transmitters, or any more restrictive
Resolution No. P- 11 -03
Page 6
standard subsequently adopted or promulgated by the City, County, State
of California, or the Federal government.
6. If there is any change in the operating characteristics of the facility, a
report pursuant to Condition HA of this Resolution shall be submitted to the
Director of Development Services for review and approval. The Director
may also require the operator to prepare an updated RF report, and pay
for a third -party review of that report, as part of any review of this Conditional
Use Permit.
7. Any service light(s) shall only be operated when maintenance is being
performed on the equipment. The service light(s) shall be adequately
shielded and directed away from adjacent roadways. The service light(s)
shall be on a timer,
Section 4 : The owner of the 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 10 -19 shall expire on February 22, 2013, 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 22nd day of February 2011.
I:\IIIIIIIAM
r
Li A Troyan,'MMC, City Clerk
Don Higginson,
Resolution -No. P- 11 -03
Page 7
STATE OF CALIFORNIA )
) SS
COUNTY SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 11 -03, was duly adopted by the
City Council at a meeting of said City Council held on the 22nd day of February 2011, and
that it was so adopted by the following vote:
AYES: BOYACK, GROSH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
2nd . Troyan, MMC, CitK1erk
City of Poway