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Covenant Regarding Real Property 2000-0290063" '- DOC ,. 2000-0290063 RECORDING REQUEST BY: TO: No Transfer Tax Due JUN 02, 2000 8:3i AH COVENANT REGARDING REAL PROPERTY Edward and Karen Draper, PROPERTY OWNERS ("OWNERS" hereinafter) are the owners 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 321-110-24 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 00- 05 for WFI, Inc., for the mounting of 9 panel t antennas on the side of a p tank at 15101 Mina de Oro Road, by the City of Poway ("CITY" hereinafter), OWNERS hereby agree 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, :1 assigns of the respective parties. In the event that CUP 00-05 expires or is rescinded by City Council at the request of the OWNERS, CITY shall expunge this Covenant from the record title of the PROPERTY.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. OWNERS: Dated: 5'-~ c~ By: Edward Draper (Notarize) Dated: ~ '~'~ By: K~ren~DD ra~p/~ (Notarize) Dated: M~ CITY OF POWAY Niall Fritz, Director of pment Services CALIFORNIA ALL-PURPO$~= ACKNOWLEDGMENT State of County of ~' One, personally appeared before me ~t~'~/~ OPTIONAL ¥(ies) acted, Description of Attached Document Title or Signer(s) Other Capacity(les) Claimed by Signer(s) [] Individual [] Title(s): [] Partner-- [] Limited [] General [] Trustee [] Other: [] Individual [] Title(s): [] Partner -- [] Limited [] General [] Trustee [] Other: EXHIBIT A Legal Description The Northeast Quarter of the Southeast Quarter, excepting the South 10 acres thereof, and the Southeast Quarter of the Northeast Quarter of Section 4, Township 14 South, Range 1 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of California, according to Official Plat thereof. Excepting that portion lying Northerly of a line described as follows: C ~ at the Southeast corner of Lot 1 of said Section 4; thence South 0°11'19" East along the Easterly line of said Section 4, a distance of 80.00 feet to the Northeast corner of land described in deed to Lillie W. Byers and Edith W. Bradshaw, recorded June 14, 1954 in Book 5269, Page 170 of Official Records, being the True Point of Beginning; thence North 88 °23'30" West along the Northerly line of said land, 473.74 feet to the center line of the Poway or Mt. Woodson Road (County Road D-9-11), as said mad existed and was located on April 10, 1945, being also the Northeast corner of land described in deed to Lillie W. Byers and Edith W. Bradshaw, recorded June 14, 1954 in Book 5269, Page 172 of Official Records; th ' 3 North 88 °23'30" West along the Northerly line of said land, 2138.31 feet to the Westerly line of said Southwest Quarter of the Northeast Quarter, distant thereon 40.00 feet Southerly from the Southwest corner of Lot 2 in said Section 4. APN: 321-110-24 EXHIBIT B RESOLUTION NO. P-00-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CUP 00-05 ASSESSOR'S PARCEL NUMBER 321-110-24 WHEREAS, CUP 00-05, submitted by WFI, Inc., applicant, requests a conditional use permit to add facility on the site of a private water tank on a residential lot in the Rural ResidentiaI-A zone. The subject property is located at 15101 Mina de Ore Road; and WHEREAS, on May 2, 2000, the City Council held a duly advertised public hearing to solicit comments from the public, both pre 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 City Council finds that Conditional Use Permit 00-05 is Categorically Exempt from the p ' ' :the Califomia E Quality Act, pursuant to Section 15303(d) of CEQA, Class 3, as it is the location of a small new facility providing a utility extension to serve the surrounding area. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for CUP 00-05 to add facility to be located on a residential lot at 15101 Mina de Oro Road in the RR-A zone, are made as follows: The proposed project ' : with the General Plan and the purpose of the RR-A zone in that the use is a public facility which is allowed in the RR-A zone with the approval of a conditional use permit. The facility has been designed to blend in with the existing improvements and will be screened by natural landscaping. The facility is unmanned; therefore, the location, size, design, and operating ch of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural Since there will be very little visibility of the facility due to the screening by landscaping and the location of the antennas on the water tank, the harmony in scale, bulk, coverage, and density : with adjacent uses. D. There are public facilities, services, and u! 31e. Since there will be very little visibility of the facility, there will not be a harmful effect upon desirable neighborhood ch Resolution No. P-00-39 Page 2 The project will not measurably increase traffic. Therefore, the generation of traffic will not adversely impact the capacity and physical character of surrounding streets and/or th : the General Plan. Veh is already provided to the site, which presently contains a single- family home. No will need to be erected to support or screen the antennas; therefore, the site is suitable for the type and intensity of use or development which is proposed. The p effects Ul: limited in scope; therefore, there will not be significant harmful quality and natural There are no otb mitigated. negative impacts of the proposed use that cannot be The impacts, as described above, and the proposed location, size, design and operating ch of the proposed use and the conditions under which it would be operated :1 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. K. The proposed conditional use will comply with each of the applicable Section 17.48.070 of the Poway Municipal Code. The City Council hereby approves CUP 00-05 to allow a wireless iion facility consisting of nine (9) panel :1 on a private water tank and painted to match; as well as related telephone, radio, and electrical equipment installed in cabinets and enclosed by a 8-foot tall vinyl coated chain-link 1' lown on plans dated February 22, 2000, on a residential lot at 15101 Mina de Oro Road in the RR-A zone, subject to the following conditions. Approval of this CUP request shall not 31lance with all sections of the City of Poway Zoning Ordinance and all other applicable City ord' ' A at the time of building permit issuance. The applicant shall not creal 31e obstacles to the possible co-location of otb 3anies on the site. 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 owner shall ' Covenant on Real Property. Eo Resolution No. P- 00 - 39 Page 3 Conditional Use Permit 00-05 may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to add lat may h -1 during the past year. Prior I building permit, the applicant shall comply with the following: Th ~all depict the use of green vinyl-coated chain-link fencing (withbut slats) for the equipment to th I the Director of Development Services. 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 building plans shall depict that ' ' ~ two (2), fifteen (15) gallon oak trees shall be installed to the north of the equipment with a temporary I '3ation system to the satisfaction of the Director of Development Services. The improvement plans for the access road shall depict any Portland Concrete Cement (PCC) paving as earth 1 :1 to th ~ the Director of Development Services. 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. If th J I :180% of the MPE limits, the applicant shall hire a qualified electrical engineer licensed by the State of California to measure exposure levels at the location after the facility is in operation. ^ 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 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 ~the results of the analysis. Prior to use of th :ion facility, the applicant shall comply with the following: Resolution No. P- 00- 39 Page 4 The required oak trees and temporary irrigation system shall be installed per plan. Required paving for the access to the site shall be installed per approved plans. Upon establishment of th the following shall apply: facility, pursuant to CUP 00-05, The required landscaping which has been installed between the fence and property line and in the setback area adjacent to the outside of the court fencing pursuant to Section 17.30.020.F of the Poway Municipal Code; shall be maintained in a flourishing manner to the satisfaction of the Director of Development Services. o All facilities and related equipment, including lighting, fences, shields, cabinets, and poles shall be :1 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 ~ dang :Iii' blight. The facility shall be operated in such a manner 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 :I the noise standards contained in the Poway Municipal Code. Th site ~erator of the facility shall routinely .and regularly inspect the ~liance with the standards set forth in this permit. The operator of the facility shall be strictly liable for interf :I by their facilities with City systems or other public agency emergency lion 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 costs arising from third party claims against the City attributable to the interference. The wireless 1 iion facility shall not be operated in such a manner that it poses, either by itself or in combination with other such Resolution No. P- 0 0- 3 9 Page 5 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 exceeds the FCC's Maximum Permissible Exposure (MPE) limits 1' :1 magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, County, State of California, or the federal I. If there is any change in the manner in which the facility is operated or change in the MPE, a report pursuant to Condition E.5 of this resolution shall be submitted to the Director of Development Services for :1 approval. Section 4: The approval of CUP 00-05 shall expire on May 2, 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 -I prior to its expiration. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of C I a reg ;] this 2nd day of May, 2000. Don ' ' Hlgg~nson, Dep y Mayor ATTEST: Lort Anne Peoples, City Cle~rk Resolution No. P- 0 0 - 3 9 Page 6 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- 39 was duly adopted by the City Council at a reg .3 of said City Council held on the 2nd day of May 2000, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: REXFORD, CAFAGNA ~n~:wPae~ples, Ci~y~Cle~~)~'