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Covenant Regarding Real Property 2000-0557214DOG 2000-0557214 ::;lU EST BY: TO: 2728 OCT 17, 2000 10:16 AM OFF CI~L RE DS 8AN DIEGO C UNTY RE EPS OFFICE GREGORY J. MITH, C NTY RECORDER FEE: 4.00 P O BOX 789 No Transfer Tax Due III I I' IIIIIIII!1 2000-05 14 COVENANT REGARDING REAL PROPERTY Sprint PCS, APPLICANT ("APPLICANT" hereinafter) and City of Poway, PROPERTY OWNER ("OWNER" hereinafter) is th : real property described in Exhibit A which is attached hereto and made a part hereof and which ' y known as Assessor's Parcel Number 323-091-01 ("PROPERTY" hereinafter). In consideration of the approval of CUP 00-08, 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, ri assigns of the respective parties. In the event that CUP 00-08 exp* ' :led 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. APPLICANT: (Notarize) AY Dated: B Niall Fntz, DirectlSr of D v~,~lbpment Services - 2729 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~ /i 'd~/~ i~-- County of ~(~ J/' personally appeared before me Comm. 120 323 OPTIONAL ¥(ies) Is) acted, l Description of Attached Document Title or' C Signer(s) Other Capacity(les) Claimed by Signer(s) [] Individual Title(s): [] Partner-- [] Limited [] General [] Trustee 1~ Other: /0 ~ Individual [] Title(s): [] Partner -- [] Limited [] General [] Trustee [] Other: - 2730 - EXHIBIT A (LE=AL All of the East Half of the East Half of Section 19, Township 14 South, Range 1 West, San Base and in the County of San Diego, State of to United States Survey. that portion lying of the boundary of Record o~ Survey Map No. 6420, filed in the Office of the County Recorder of San Diego County, July 8, 1964. Said boundary being the boundary of the City of San Diego, County of'San Diego, State of 2731 EXHIBIT B RESOLUTION NO. P- 00-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 00-08 ASSESSOR'S PARCEL NUMBER 323-091-01 & 323-491-03 WHEREAS, Conditional Use Permit 00-08 was submitted by JM Consulting for Sprint PCS, applicant, for the purpose of establishing an unmanned base station consisting of six panel :1 on the Buehler R :~ a base I ~ation south of th lh seven cabinets within a 15 foot by 25 foot fenced area at 14350 Danielson Street within the South Poway Planned Community (PC) zone. Permission is also being sought to allow two additional t '.ion companies to install 1 iion facilities at th subject to meeting conditions of this CUP; and WHEREAS, on September 26, 2000, the City Council held a duly advertised public hearing to solicit from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: Section 1: Conditional Use Permit 00-08 is hereby found to be categorically exempt from the California E Iai Quality Act pursuant to Section 15303 (Class 3) because the project involves placement of small equipment cabinets with other minor equipment placed on an existing water tank. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for Conditional Use Permit 00-08 to add t iion facility on the Buehler R 114350 Danielson Street within the South Poway Planned Community (PC) zone, are made as follows: The project' : with the General Plan as it designates this site for public uses, including t ',ion facilities, in the PC zone with the approval of a Conditional Use Permit. The facility is typical of Iion facilities elsewhere in the City in terms of size design and operating ch The design alleviates the need for a stand-alone support structure, which would be more visually obtrusive. Therefore, the proposed location, size, design and operating ch ' ' :the proposed use are in accord with the title and purpose of this 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. The location, size, design, and operating ch : the use will be compatible with, and will not adversely affect or be materially detrimental to, 2732 Resolution No. P-00-78 Page 2 adjacent uses, buildings, structures, or natural as the project is designed to conceal the equipment such that it appears to be a part of the existing the ground eq by fencing with 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 th Iy. The facility ' :1 and will not create traffic impacts. The facility will 3acts. The harmony in scale, bulk, coverage, and density ' : with adjacent uses because the approved fixtures are small and are not readily visible to adjoining properties. Th 31e public facilities, :1 utilities because the use will be located in a development where all necessary facilil' :ly in place. There will not be a harmful effect upon desirable neighborhood ch as the fixtures will b :1 from th :1 are oth : a soume of any disruptive or adverse effects on property :1 tenants within the South Poway Business Park. The generation of traffic will not adversely impact the surrounding 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 3/. The site is suitable for the type and intensity of the use in that it ' to a major arterial roadway and installed within an existing public use. close There will be no significant harmful effects up ~ quality and natural the facility will not create any new development on the property. Th :h 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 J will not be detrimental to the public health, safety or welfare, ly 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 ' ' I Poway Municipal Code Sec. 17.48.070. 2?33 Resolution No. P-00-78 Page 3 Se( The City Council hereby approves CUP 00-08 to all t tion facility at the Buehler R 114350 Danielson Street in the PC zone, consisting of up yp seven equip adjacent to the water tank, as shown on the plans dated June 6, 2000, subject to the following conditions. Approval of this CUP request shall 31lance with all ~' the Zoning Ord' :l all other applicable City ordinances in effect at the time of building permit issuance. 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. Sprint PCS shall not 31e obstacles to the possible co-location of otb companies on the site. Any single additional ful Iion facility proposed by eith :1 or third carrier shall be processed as a Jment 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 to minimize its visibility f :ling properties. Should the Director determine that such a future amendment for a :ion facility warrants public review, the project may be referred to the City Council. Prior to ' following: Building Permit, the applicant shall comply with the The building plans shall depict the location of the six proposed antennas on the water tank wall, such that th y spaced, to the sal = the Director of Development Services. The building plans shall depict the location of the equipment cabinet, as shown on the site plan, to decrease its visibility to the sal = the Director of Development Services. The precise location of the equipment cabinets shall be signed off by the Director of Public Services to verify that the cabinets will not conflict with use of reservoir. The building plans shall depict the painting of th :f the screening of the equipment cabinets to match the existing water tank to the sar ' : the Director of Development Services. 2734 Resolution No. P-00-78 Page 4 The operator shall submit calculations specifying the FCC's Maximum Possible Exposure (MPE) I 3abited areas within 500 feet of the facility in th .~ere the levels produced are p 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 3osure levels at the location after the facility is in operation. A report of th :1 the engineer's findings with respect to compliance with MPE limits shall be submitted to the Director of Development Services. The facility shall not op :il 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. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. The landscape plans prepared in accordance with the City Landscape Guidelines and submitted prior to building permit' qall show a · ' : six 15-gallon eve!'green trees and vines to be installed outside of the fence (to the south and west of the equipment cabinets) with a Iow- volume irrigation system to the satisfaction of the Director of Development Services. The site plan, as submitted 1; ;this CUP application, does not indicate grading to be performed ' :h the construction of an equipment shelter and installation of antennas. Therefore, a certification letter, issued by a California registered Civil Engineer, shall be submitted to the Engineering Division of the City's Development Services Department certifying that no grading work which would involve I of more than fifty cubic yards of fill Iion shall be performed to complete the project. Further, depth of fill shall be limited to less than one foot and excavation depth limited to less than two feet. If grading of more than fifty cubic yards, or fill depth exceeds one foot, or excavation depth of greater than two feet is anticipated, then a grading permit shall first be obtained from the City prior to grading operation or building permit. Contact the Engineering Division of the City's Development Services Department for grading permit req 2735 Resolution No. P-00-78 Page 5 The applicant currently has ! or agreement from a publicly ~ :1 street to the project site. Therefore, ~ ~all be obtained and a copy provided to the Engineering Division of the City's Development Services Department. A right-of-way permit shall be obtained from the City for any work to be done within a public street right-of-way or any City-held easement. Prior 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 ~' file in the Development Services Department and the condH' ~ :1 herein. The evergreen trees and vines shall be installed outside the fence to the south and west of the equipment cabinets. The cellular fixtures shall be painted to match the water tank. The equipment cabinet fencing shall I: :1 of vinyl-coated chain link. Upon establishment of th 00-08, the following shall apply: !ion facility pursuant to CUP All facilities and related equipment, including lighting, shields, cabinets, and poles, shall 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 31y possible so as to minimize ~ dan§ :iii' 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 strictly liable for interf :1 by their f " !h City :ion sy : :her public agency emergency Iion systems. The operator shall be responsible for all labor and equipment costs for determining th :the interference, all :1 with eliminating the interference (including, but not limited to, filtering, installing cavities, installing directional powering down systems, and engineering analyses), and all ' ' g from third party claims against the City attributable to the interference. 2736 Resolution No. P~0-78 Page 6 Th t Iion 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 f :1 magnetic field strength and power density for transmitters or any more resl :lard subsequently adopted or promulgated by the City, County, State of California, or the federal g 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 review and approval. All landscaped areas shall b ~ 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 to maintain 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. 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. Section 4: Th : th iion facility shall remove all of the equipment/improvements approved, pursuant to this permit, within 60 days of ceasing operation of the facility. Section 5: The approval of CUP 00-08 shall expire on September 26, 2002, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and on the property in the CUP approval h :1 prior to its expiration. 2737 Resolution No. P-00-78 Page 7 ATTEST: ne Peoples, PASSED. ADOPTED and APPROVED by the City Council of the City of Poway. State of California, this 26th day of September 2000. fa~..~a, 'a~, Michael P. Ca , 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. P-00-78 was duly adopted by the City Council at a meeting of said City Council held on the 26th day of September 2000, and that it was so adopted by the following vote: AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: EMERY ~ L~o ~An:e Fe~-oples, Ci~ty Clear? City of Poway