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Covenant Regarding Real Property 2000-0680030CITY CLERK TO: 2240 DOP- 2000-06B0030 DEC 14, 2000 ~qN DIEGO COI~T¥ REC~DER'S OFFICE GI~GORY J. ~ITH, ~V ~C~ ~S: ~.00 No Transfer Tax Due il {illllll {llmil ill COVENANT REGARDING REAL PROPERTY Nextel C lions, APPLICANT ("APPLICANT" hereinafter) and City of Poway, 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 323-090-53 ("PROPERTY" hereinafter). In consideration of the approval of CUP 00-22, by the City of Poway ("CITY" hereinafter), APPLICANT 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, heirs, personal representatives, t i assigns of the respective parties. In the event that CUP 00-22 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. In the event of litigation to enforce the p ' ' :this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. Dated: Dated: r~ for Nextel C CITY OF POWAY (Notarize) Niall Fdtz, Director of D~lopment Services 2241 DESCRIPTION PARCEL 1: ALL THAT PORTION OF THE 10 ACRES OF T~E EASTeRLy 20 AC~.E$ OF ~ NORTH HALF OF THE QUARTER OF SECTION 19, TOWNSHIP 14 SOUTH, P,A~GE 1 WEST, SAN IN T~ COUNTY OF SAN DIEGO, STATE OF TO THE UNITED STATES SURVEY, A~ FOLLOWS: AT THE COP-N-ER OF SAID 10 ACRES; THENCE ALONG TH~ WESTERLY LI~-E OF SAID 10 ACRES, SOUTH 0"57'05" WEST 210.00 FEET; TH~CE SOU~/I{ EAST 176.40 FEET; THENCE NORTH 72°37'52 EAST iS8.01 FEET; THENCE NORTH 0057'05" EAST 160.00 FEET TO THE LIN~ OF SAID 10 ACRES; THENCE ALONG SAID LINE, NORTH WEST 326.40 FEET TO THE POINT OF EXHIBIT A CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT County of ~ 0n'b~e~- ~ ~ :oo personally appeared before me, ~" .-¢_.~ I.-., JO~,~;~;~Y~ INJZ3JT. t_¢~ '~L~ ' [] proved to me on the basis of evidence to be the person(s) whose name(s) is/are to the within instrument and the same in authorized capacity(ies), and that by signature(s) is), or the entity upon behalf of which the person(s) acted, W Title or Signer(s) Other Capacity(ies) C}aimed b~ Signer Title(s): Partner -- [] Limited [] General Trustee Guardia Other: 22 J RESOLUTION NO. P- 00-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 00-22 ASSESSOR'S PARCEL NUMBER 323-090-53 WHEREAS, Conditional Use Permit 00-22 was submitted by Nextel C Iions, applicant, for the purpose 1 :, operate and -t Enhanced Specialized Mobile Radio (ESMR) 1 facility with a 200 square foot equipment building and 8 panel (one foot wide by four feet in height) attached to the Welton Reservoir, 12701 Welton Lane within the RR-C zone; and WHEREAS, on November 28, 2000, the City Council held a duly advertised public headng to solicit from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: 1: Conditional Use Permit 00-22 is hereby found to be categorically exempt from the California E Quality Act pursuant to Section 15303 (Class 3) because the project involves placement of a small equipment building with other minor equipment placed _3 water tank providing a utility extension to serve the surrounding area. The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for Conditional Use Permit 00-22 to add t facility on the Welton R 112701 Welton Lane within the Rural Residential C zone, are made as follows: The project' I with the General Plan as it designates this site for public uses, including I :ion facilities, in the RR-C zone with the approval of a Conditional Use Permit. The facility is typical of facilities elsewhere in the City in terms of size design and operating characteristics. The design alleviates the need for a stand 3port structure, which would b ly obtrusive. Therefore, the proposed location, size, design and operating ch I the proposed use are in accord with the title and purpose of this title, the purpose of th ~ich the site is located, the City's General Plan, and the development I: ' ' standards of the City. The location, size, design, and operating characteristics of the use will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, buildings, or natural as the project is designed to conceal the equipment such that it appears to be a part of the 224& Resolution No. P-00-92 Page 2 existing water tank, the equipment building will b :1 by fencing with existing landscaping and painted to match the adjoining water tank. The siting of iion facilities within different parts of the City is found to be a necessary service to the community. The facility' :1 and will not create traffic impacts to Welton Lane. The facility will not create noise impacts. The harmony in scale, bulk, coverage, and density' I with adjacent uses because the approved fixt I and are not readily visible to adjoining properties. Th ~le public facilities, services, and utilities because the use will be located in a development where all necessary f :ly in place. There will not be a harmful effect upon desirable neighborhood characteristics as the fixtures will be concealed from th ' :1 are otherwise not a source of any disruptive or adverse effects on property :l tenants within the South Poway Business Park and Welton Lane neighborhood. The generation of traffic will not adversely impact th :ling streets and/or the City's Transportation Element as the use will operate for the most part from a remote facility and will require only minimal therefore, frequent trips to the site will not b ry. The site is suitable for the type and intensity of the use in that it' to a major arterial roadway and installed within ..3 public use. There will be no significant harmful effects Ul: Iai quality and natural the facility will not create any new development on the property. There are no otb mitigated. negative impacts of the development that cannot be The impacts, as described above, and the proposed location, size, design and operating characteristics of the 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 materially injurious to properties or imp in the vicinity nor be contrary to the adopted General Plan. The proposed conditional use will comply with each of the applicable p ' ' ~Poway Municipal Code Sec. 17.48.070. - ( 2245 Resolution No. P- 00-92 Page 3 The City Council hereby approves CUP 00-22 to all t !ion facility at the Welton R 112701 Welton Lane in the RR-C zone, consisting of up to eight panel-tyl: ' .~ached to the water tank and a 200 square foot equipment building adjacent to the water tank, as shown on the plans dated September 5, 2000, subject to the following conditions. Approval of this CUP shall not Ord' :1 all other applicable City building permit' 31lance with all sections of the Zoning ;'t at the time of 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 applicant shall execute a Covenant on Real Property. Nextel C ;ions shall not co-location of otb 31e obstacles to the possible 3anies on the site. Any single additional ful Iion facility proposed by eitl~ :1 or third carrier shall be processed :lment to the CUP for approval by the Director of Development Services. Such a facility shall use panel antennas that can be mounted to the water tank and that comply with the conditions of this approval. Any related equipment facility shall be located such as 1 ' ' its visibility f "ling properties. Should the Director determine that such a ful :lment 1' facility warrants public review, the project may be referred to the City Council. E= Prior 1 following: Building Permit, the applicant shall comply with the The building plans shall depict the location of the eight proposed the water tank wall, such that th y spaced, to the satisfaction of the Director of Development Services. = The building plans shall depict the location of the equipment building, as shown on the site plan to the satisfaction of the Director of Development Services. The precise location of the equipment cabinets shall be signed off by the Director of Public Works to verify that the cabinets will not conflict with use of reservoir. The building plans shall depict the painting of th :1 the screening of the equipment building to match the existing water tank to the sat f the Director of Development Services. The equipment building fencing shall be constructed of vinyl-coated chain link at six foot height. o 2246 Resolution No. P-00-92 Page 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 th ~ere the levels produced are projected to be highest. If th :1 I :1 80% of the MPE limits, the applicant shall hire a qualified electrical engineer licensed by the State of California 1 3osure levels at the location after the facility is in operation. A report of th Is and the engineer's findings with respect to compliance with MPE limits shall be submitted to the Director of Development Services. The facility shall not 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 odginal 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. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, National Electdc Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit' The site plan, as submitted 1' :this CUP application, does not indicate grading to be performed in conjunction with the f an equipment shelter and installation of antennas. Therefore, the applicant shall submit to the Engineering Division of the City's Development Services Department a certification letter, issued by a California registered Civil Engineer, certifying that no grading work which would involve earthwork : of more than fifty cubic yards of fill lion, or creating a fill greater than one foot in depth, or create and excavation greater than two feet in depth shall be performed to complete the project. However, if there is grading work to be done that would exceed fifty cubic yards to be moved, or create a fill greater than one foot in depth, or create greater than two feet in depth, then a grading permit shall be obtained from the City prior to grading operation and building permit Contact the Engineering Division of the City's Development Services Department for grading permit req ' A right-of-way permit shall be obtained from the Engineering Division of the City's Development Services Department pdor to performing any work within a public street right-of-way or any City-held easement. 2247 Resolution No. P- 00-92 Page 5 o The applicant currently h ~3reement from a publicly :1 street to the p Therefore, an access easement or agreement shall be obtained and a copy provided to the Engineering Division of the City's Development Services Department. If 3tained via Danielson Street and an in-lieu fee is not paid pursuant to Condition E.6 of this Resolution, the applicant shall submit plans to the Engineering Division showing th ~ access to be improved to the satisfaction of the City Engineer. Pdor to obtaining a Final Inspection on the permits, the applicant shall comply with the following: The project shall be constructed and completed in accordance with the approved site plan and elevations on file in the Development Services Department and the conditions contained herein. The cellular fixtures shall be painted to match the water tank. The equipment cabinet fencing shall be constructed of vinyl-coated chain link. If the applicant obi ' road from Buehl ' to Welton Reservoir, the applicant shall improve portions of said :1, that 3tible 1 minimum 12-foot wide, 2-inch thick AC paving together with any necessary appurtenant regrading and other improvements to the satisfaction of the City Engineer or pay the City an in-lieu fee for the improvements that is acceptable to the City Engineer. '.~hts via Danielson Street and the access to a Upon establishment of th 00-22, the following shall apply: Iion facility pursuant to CUP All 1' :1 related equipment, including lighting, shields, cabinets, and poles, shall I: -1 in good repair, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired reasonably possible so as to minimize ~ dang :lir blight. Th the site 3erator of the facility shall routinely and regularly inspect 31lance with the standards set forth in this permit. ° The operator of the facility shall be stdctly liable for interf :1 by their facilities with City Iion sy :her public agency emergency Iion systems. The operator shall be responsible - 2248 - Resolution No. P-00-9;~ Page 6 for all labor and equil: for determining th ~ the interference, all ' :1 with eliminating the int (including, but not limited to, filtering, installing cavities, installing directional antennas, powering down systems, and engineering analyses), and all ' ' 3 from third party claims against the City attributable to the in1 Th 1' 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 electdc and magnetic field strength and power density for transmitters or any -lard subsequently adopted or promulgated by the City, County, State of California, orthe federal l. If there is any change in th lich the facility is operated or change in the MPE, a report pursuant to Condition E.7. of this resolution shall be submitted to the Director of Development Services for -l approval. All landscaped areas shall b :1 in a healthy and thriving condition, free from weeds, trash, and debds. The trees shall be encouraged and allowed to retain a natural form. Pruning shall be restricted 1 the health of the trees and to protect the public safety. Unnatural pruning, including topping, is not permitted. The use of the subject property for the purpose of a cellular site shall run with the land so long as the applicant has a valid lease agreement with the City. o 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 add that may have occurred during the prior year. Th equipment/imp operation of the facility. ! th facility shall I of the 3proved, pursuant to this permit, within 60 days of ceasing The approval of CUP 00-22 shall expire on November 28, 2002, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in the CUP approval h :1 prior to its expiration. 2249 Resolution No, P-00-92 Page 7 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 28th day of November 2000. Michael P. Cafagna,~ ATTEST: ~..." Lori Anne Peoples, City Cldrk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Lod Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury that the foregoing Resolution No. P- 00-92 was duly adopted by the City Council at a meeting of said City Council held on the 28th day of November 2000, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE LOft ~Anne Peoples, City of Poway City Clerk: