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Covenant Regarding Real Property 2000-0557209~UEST BY: TO: CITY CLERK 2694 DDF' O~T 17, 2000-0557209 2000 3_0:14 AP.~ IgI~L Kg ..DS ~ DIEE CDUNTY REC RDER'S OFFICE 6E'C4]RY . 8MITH, CO TY REgORDER ..ES: 4.00 No Transfer Tax Due IIIIIIIiil ,,,,llll illlllllll COVENANT REGARDING REAL PROPERTY AirTouch/Verizon Wireless, 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 277-171-02 ("PROPERTY" hereinafter). In consideration of th of CUP 99-19, 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, heirs, personal representatives, t ' -I assigns of the respective parties. In the event that CUP 99-19 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. Dated: ~'-.~' - (-~d._.~ By: APPLICANT: 2A/~.. KenneY~' ~ ~o rize) Dated: CITY OF POWAY Niall Fdtz, Director df-B~velopment Services -- 695 CALIFORNIA ALL-PURPoSE ACKNOWLEDGMENT State of ~,gL4 F~E'i?i County of personally appeared before me 52057 or the entity ¥(ies) ~ acted, OPTIONAL Description of Attached Document 7]tie or' Signer(s) Other Capacity(les) Claimed by Signer(s) ~ Individual [] Title(s): [] Partner-- [] LJmited [] General [] Trustee [] Other: ~ ~ Individual [] Title(s): [] Partner-- [] Limited [] General [] Trustee [] Other: Signer pmd. No. 5907 2696 ORDER NO. 272188-02 EXHIBIT "A" That portion of the Northwest Quarter of the Southwest Quarter of Section 19, Township 13 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, described as follows: Beginning at the East Quarter of said Section 24; thence South 33°00'56" East, 816.25 feet to the True Point of Beginning; thence North 40 °43'00" East, 89.98 feet; thence South 82017'00'. East, 70.00 feet; thence South 52017'00'. East, 120.00 feet; thence South 7043'00.. West, 105.29 feet; thence North 82017'00'' West, 187.50 feet; thence North 14°17'00" West, 65.00 feet to a point to be known herein as Point "A"; thence North 14 o 17'00" West, 31.00 feet; thence North 40 °43'00" East, 2.98 feet to the True Point of Beginning; containing 0.70 acres more or less. EXHIBIT B 2 97 RESOLUTION NO. P- 00-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 99-19 ASSESSOR'S PARCEL NUMBER 277-171-02 WHEREAS, Conditional Use Permit 99-19 was submitted by JM Consulting for AirTouch Cellular for the purpose of establishing an :1 t :ion facility with up to 12 panel-type antennas, and a 48-square-foot equipment cabinet adjacent to the water tank, 17301 Butterfield Trail, with access from Old Coach Road, just north of Espola Road, within the Old Coach Golf Estates Planned Community (PC) zone. P is also being sought to allow two additional t Iion companies to install t :ion facilities at the 3ject to meeting conditions cf this CUP; and WHEREAS, on September 12, 2000, 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: Conditional Use Permit 99-19 is hereby found to be categorically exempt from the California E lal Quality Act pursuant to Section 15303 (Class 3) because the project involves placement of a small equipment cabinet with other minor equipment placed on an existing wa[er tank. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for Conditional Use Permit 99-19, to add t Iion facility on the Boca Raton R 117301 Butterfield Trail in the PC zone, are made as follows: The project is consistent with the General Plan as it designates this site for public uses, including f :ion facilities, in the PC zone with the approval of a conditional use permit. The facility is typical of wireless :ion facilities elsewhere in the City in terms of size design and operating characteristics. 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 characteristics of 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 General Plan, and the development policies and 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, structures, or natural as the project is designed to conceal the equipment such that it appears to be a part of the .C. 2698 - Resolution No. P- 00-72 Page 2 existing water tank, the ground equipment cabinet will be screened by a six foot high, vinyl-coated chain link fence with landscaping, painted to match the adjoining water tank and screened with landscaping. The siting of t ' :ion facilities within residential neighborhoods is found to be a necessary service to the community. The facility is :1 and will not create traffic impacts. The facility will not creat ~acts. 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. There are available public facilities, services, and utilities because the use will be located in a development where all necessary facilities are already in place. There will not be a harmful effect upon desirable neighborhood characteristics as the fixtures will be concealed from th ' -I are otb : a source of any disruptive or adverse effects on neighbors. 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 maintenance; therefore, frequent trips to the site will not be necessary. The site is suitable for the type and intensity of the use in that it is an area close to a major arterial roadway and installed within an existing public use. There will be no significant harmful effects upon Iai quality and natural as the facility w. ill not create any new development on the property. There are no otb mitigated. I negatlve 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 improvements in the vicinity nor be contrary to the adopted General Plan. The proposed conditional use will comply with each of the applicable provisions of Poway Municipal Code Sec. 17.48.070. Resolution No. P- 00-72 Page 3 Secti The City Council hereby approves CUP 99-19 to all t facility at the Boca Raton R 17301 Butterfield Trail in the PC zone, consisting of up to 12 panel-type antennas, and a four-foot by ten-foot equipment cabinet adjacent to the water tank as shown on the plans dated December · 21, 1999, subject to the following conditions. Approval of this CUP request 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' 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. AirTouch shall not create 31e obstacles to the possible co-location of otb :ion companies on the site. Any single additional fui i)on facility proposed by a second and third carrier shall be processed as the :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 to minimize its visibility f ding properties. Should the Director determine that such a fur :lment 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 12 proposed antennas on the water tank wall, such that the ant y spaced, to the satisfaction of 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 satisfaction of the Director of Development Services. The precise location of the equipment cabinet shall be signed off by the Director of Public Services to verify that the cabinet will not conflict with an additional reservoir that may be constructed. The building plans shall depict th ..3 of the equipment cabinet in a 3ich is architecturally integrated into the water tank site, to the satisfaction of the Director of Development Services. 2700 Resolution No. P-00-72 · Page 4 The air conditioning (NC) unit be placed on the northeasterly end of the radio cabinet. The building plans shall depict the painting of the :1 the equipment cab ' ;I to match the existing water tank to the satisfaction of the Director of Development Services. The operator shall submit ~ecifying the FCC's Maximum Possible Exposure (MPE) levels in inhabited areas within 500 feet of the facility in the areas where the levels produced are projected to be highest. If these calculated levels exceed 80% of the MPE limits, the applicant shatl hire a qualified electrical engineer licensed by the State of California to measure exposure levels at the location after the facility is in operation. A report of these :s 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 operations until it complies with or has been mod!fio,:l 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 ' Revised plans shall show required landscaping. The site plan, as submitted t' ;this CUP application, does not indicate grading to be performed ' lh tile 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. Contact the Engineering Division of the City's Development Services Department for grading permit requirements. 2701 -' Resolution No. P-00-72 Page 5 The applicant currently has l or agreement from a publicly -I street to the project site. Therefore, an access easement or agreement shall be obtained and a copy provided to the Engineering Division of the City's Development Services Department. 10. 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 I. 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 elevations on file in the Developrr~ent Services Department and the condil' :1 herein. The building plans shall depict that a ' ' ~ six oleanders (5 gallon size) be ;~ ~otalled to the south and east of the equipment cabi~.~,'. with a irrigation system to the sat f the Director of Development Services. The cellular fixtures shall be painted to match the water tank. The equipment cabinet lall I: :l of vinyl-coated chain link fence with landscal: ;1. Upon establishment of the 99-19, the following shall apply: 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 as reasonably possible so as to minimize of dangerous condil' blight. The facility shall be operated in such to minimize any possible disruption caused by noise. Backup g ~all 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 :t the noise standards contained in the Poway Municipal Code. Th 9erator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 2702 Resolution No. P- 00-72 Page 6 The operator of the facility shall be strictly liable for interference caused by their f ~ City sy :her public agency emergency lion systems. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all -I with eliminating the interference (including, but not limited to, filtering, installing cavities, installing directional antennas, powering down systems, and engineering analyses), and ail ' ' ;I from third party claims against the City attributable to the interference. The wireless t :ion 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, nu facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceeds the FCC's Maximum Permissible Exposure (MPE) limits f :1 magnetic field strength and power density for transmitters or any more res1 :lard subsequently adopted or promulgated by the City, County, State of California, or the federal § I. If there is any change in th ~ich 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 be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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 I the Iion facility shall remove all of the equipment/improvements approved, pursuant to this permit, within 60 days of ceasing operation of the facility. 2703 Resolution No. P- 00-72 . Page 7 Section 5: The approval of CUP 99-19 shall expire on September 12, 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. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, "State of California, this 12th day of September 2000. ATTEST: ~ori ?hi Pe~oples, Cindy C'l~' STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) )ss. ) 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-00-72 was duly adopted by the City Council at a meeting of said City Council held on the 12th day of September 2000, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGANA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON City Clerk