Covenant Regarding Real Property 2003-0901910 (2)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
317 - 490 -07
DOC 0 2003 - 0401910
JUL 29,_2003 8:43 AM
OFFICIAL RECORDS
SAM DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 38.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Byron B. Webb, Inc., PROPERTY OWNER ( "OWNER" hereinafter), is the owner of real property
( "PROPERTY" hereinafter), which is commonly known as Assessor's Parcel Number 317 - 490 -07
and more particularly described in Exhibit A.
In consideration of the approval of Conditional Use Permit (CUP) 03 -02, a request to allow the
installation of a wireless telecommunications 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In the event that CUP 03 -02 expires or is rescinded by City Council at the request of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.
Dated: SI Zoo
Dated: 4, 41, O3
M: \planning \03report\cup \CUP03 -02 Cingular\covenant.doc
OWNER:
By:
Ron g. We-bb, 7r• Notarize)
CITY OF POWAY
By: /al 9111;�
Niall Fritz, Director of D elopment Services
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of
County of pp n
On (� 3 before me, ( rnu u o
DATE NAME, TITLE OF OFFICER - EG, "JAN E, NOTARY PUBLIC"
n A
personally appeared
U NAME(S) OF SIGNER(S) -
personally known to me - OR - ❑ proved to me I the basis satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
,�EILEEN MARIE GON7ALES -REVAK signature(s) on the instrument the person(s),
'"Commission -calif 1235626
rni or the entity upon behalf of which the
� Notary Pub1lc - California � y p
San Diego County person(s) acted, executed the instrument.
My CommrEmirm Od 22, MM I
WITNESS my hand and official seal.
SIGNATURE OF N TARV
OPTIONAL
No. 5907
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
rITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91 309 -71 84
0 0
Exhibit "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
Parcel 1:
All that portion of the Northwest Quarter of the Southeast Quarter of Section 14,
Township 14 South, Range 2 West, San Bernardino Meridian, in the City of
Poway, County of San Diego, State of California, according to Official Plat
thereof, described as follows:
Beginning at a point on the East line of said Northwest Quarter of the Southeast
Quarter of Section 14, distant thereon 882.00 feet Northerly from the Southeast
corner of said Northwest Quarter of the Southeast Quarter; thence South along
said East line, a'distance of 130.00 feet to the most Easterly, Northeast corner of
land conveyed to Harry Wasso and wife, by Deed dated June 16, 1954 and
recorded in Book 5285, Page 119 of Official Records; thence along portions of
the Northerly and Easterly boundaries of said Wasso's land, West 334,00 feet
and North 130.00 feet to an intersection with a line drawn parallel with the South
line of said Northwest Quarter of the Southeast Quarter of Section 14, through
the point of beginning, and being the Southwest corner of the land described in
Deed to Robert K. Schiefer, et al, recorded February 14, 1961 as File /Page No.
25581 of Official Records; thence East along said parallel line and the South line
of said Shiefers land, a distance of 334.00 feet to the point of beginning.
Excepting therefrom, that portion lying within the following described land:
Beginning at a point on the East line of said Northwest Quarter of the Southeast
Quarter of Section 14, distant thereon 812,00 feet Northerly from the Southeast
corner of said Northwest Quarter of the Southeast Quarter; thence South along
said East line, 60.00 feet to the most Easterly, Nort heast corner of land conveyed
to Harry Wasso and wife, by Deed dated June 16, 1954 and recorded in Book
5285, Page 119 of Official Records; thence West along a portion of the Northerly
boundary of said Wasso's land, 180.00 feet; thence North, parallel with the East
line of said Northwest Quarter of the Southeast Quarter, 60.00 feet to an
intersection with a line drawn parallel with the South line of the Northwest
Quarter of the Southeast Quarter of said Section 14, through the point of
beginning; thence East along said parallel line, 180.00 feet to the point of
beginning,
Also excepting therefrom, the Westerly 100 feet.
Parcel 2:
EXHIBIT "A" Continued
0
An easement for utility purposes, over, under, along and across the Southerly
5.00 feet of that portion of said Northwest Quarter of the Southeast Quarter
described as follows:
Beginning at a point on the East line of said Northwest Quarter of the Southeast
Quarter of Section 14, distant thereon 812.00 feet Northerly from the Southeast
corner of said Northwest Quarter of the Southeast Quarter; thence South along
said East line, 60:00 feet to the most Easterly, Northeast corner of land conveyed
to Harry Wasso and wife, by Deed dated June 16, 1954 and recorded in Book
5285, Page 119 of Official Records; thence West along a portion of the Northerly
boundary of said Wasso's land, 180.00 feet; thence North, parallel with the East
line of said Northwest Quarter of the Southeast Quarter, 60.00 feet to an
intersection with a line drawn parallel with the South line of the Northwest
Quarter of the Southeast Quarter of said Section 14, through the point of
beginning; thence East along said parallel line, 180.Ob feet to the point of
beginning.
Parcel 3:
The Westerly 100.00 feet of that portion of the Northwest Quarter of the
Southeast Quarter of Section 14, Township 14 South., Range 2 West, San
Bernardino Meridian, in the City of Poway, County of San Diego, State of
California, according to Official Plat thereof, described as follows:
Beginning at a point on the East line of said Northwest Quarter of the Southeast
Quarter of Section 14, distant thereon 882.00 feet Northerly from the Southeast
corner of said Northwest Quarter of the Southeast Quarter; thence South along
said East line, a distance of 130.00 feet to the most Easterly, Northeast corner of
land conveyed to Harry Wasso and wife, by Deed dated June 16, 1954 and
recorded In Book 5285, Page 119 of Official Records; thence along portions of
the Northerly and Easterly boundaries of. said Wasso's land, West 334.00 feet
and North 130.00 feet to an intersection with a line drawn parallel 'with the South
line of said Northwest Quarter of the Southeast Quarter of Section 14, through
the point of beginning, and being the Southwest corner'of the land described in
Deed to Robert K. Schiefer, et al, recorded February 14, 1961 as File /Page No.
25581 of Official Records; thence East along said parallel line and the South line
of said Shiefers land, a distance of 334.00 feet to the point of beginning.
Parcel 4:
An easement for road and Public utility purposes, over, under, along and across
that portion of the Northwest Quarter of the Southeast Quarter of:Section 14,
Township 14 South, Range 2 West, San Bernardino Meridian, in the County of
San Diego, State of California, according to United States Government Survey,
described as follows:
0
EXHIBIT "A" Continued
Wasso's land, being a point on the Southeasterly line of County Road Survey No.
987 (known as Poway Road), as described in Deed to the County of. San Diego,
recorded August 9, 1950 in Book 3730, Page 458 of Official Records; thence
Northeasterly along said Southeasterly line to an intersection with a line which
bears North, parallel with the East line of said Wasso's land from the point of
beginning; thence South along said parallel line to the point of beginning.
Assessor's Parcel Number: 317- 490- 07 -00, 317- 490 -06 -00 and
317 - 490 -04 -00
• EXHIBIT B •
RESOLUTION NO. P -03 =34
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03 -02
ASSESSOR'S PARCEL NUMBER 317 - 490 -07
WHEREAS, Conditional Use Permit (CUP) 03 -02 was submitted by Cingular
Wireless, Applicant, to install a telecommunications facility on a developed property located
at 12751 Poway Road in the Commercial Business (CB) zone, and;
WHEREAS, the proposed telecommunications facility consists of antennas mounted
to the existing building (i.e., 12 panel -type antennas mounted to the west, east, and north
facades), and equipment to be located in an existing tenant space; and;
WHEREAS, on June 24, 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 03 -02 to install a telecommunications facility on property located at 12751
Poway Road in the Commercial Business 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. The antennas will be located
behind radio transparent material facade extensions and will not be visible to the
public. The. equipment enclosure will be located in an existing tenant space. The
use will comply with Federal Communications" Commission (FCC) design and
operational standards. The facility is unmanned and will not create traffic impacts.
9
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Resolution No. P -03 -34
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 will be located behind radio transparent facade extensions on an 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, norbe 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 03 -02 to install a telecommunications
facility consisting of 12 panel antennas, mounted behind a radio transparent facade, and
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Resolution No. P -03 -34
Page 3
the equipment enclosure will be located in an existing tenant space at 12751 Poway Road,
as shown on the plans dated April 18, 2003, subject to the following conditions:
A. 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.
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 interferewith the reasonable use and enjoyment of surrounding uses.
D. The conditions of CUP 03 -02 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 03 -02 maybe 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:
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 site shall be developed in accordance with the approved plan on file in
the Development Services Department- (dated April 18, 2003) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
3. The specific materials used to• create the paint and texture of the radio
transparent material to hide 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.
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.
Upon issuance of the Building Permit and installation of the facility, the
applicant shall hire a qualified electrical engineer licensed by the State of
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Resolution No. P -03 -34
Page 4
California to measure exposure levels at the location after the facility is in
operation. A report of these measurements, and the engineers findings with
respect to compliance with MPE limits, shall be submitted to the Director of
Development Services. The facility shall 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.
5. The antennas shall not be activated for use until a final inspection is
conducted by the City.
6. The :Building Permit plans shall include a utility plan that shows the
equipment layout.
G. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 03 -02, the following shall apply:
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 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 the noise standards
contained in the Poway Municipal Code.
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 telecommunications systems or other public agency
emergency communication systems. The operator shall stop operations of
the cell site 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.
• 1 •
Resolution No. P -03 -34
Page 5
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 pursuant to Condition F.4 of this
Resolution 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 03 -02 shall expire on June 24,'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.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 24th day of June 2003.
ATTEST:
Lor Anne Peoples, City Cle
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
Resolution No. P -03 -34
Page 6
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P -03 -34 , was duly adopted by the
City Council at a meeting of said City Council held on the 24th day of June 2003, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
Q �
Lor Anne Peoples, City Cler
City of Poway