Covenant Regarding Real Property 2000-0290059RECORDING REQUEST BY:
TO:
CITY CLERK
No Transfer Tax Due
)OC ? 2000-0290059
JUN 02, 2000 8:26 AH
COVENANT REGARDING REAL PROPERTY
St. Bartholomew's Episcopal Church, PROPERTY OWNER ("OWNER" hereinafter)
is th ; 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 275-510-19
("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 00-
07 and Minor Development Review 00-15, placement of cell ' :ing
church tower and of 382 square feet of equipment 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,
:1 assigns of the respective parties.
In the event that CUP 00-07 and MDRA 00-15 expire or are rescinded by City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:
OWNER:
Dated:
CITY OF POWAY
Niall Fdtz, Director of Dev'~opment
Services
CALIFORNIA ALL-PURPO~_~ ACKNOWLEDGMENT
California
San Diego
Dale
J. R. BLOOM
1196200
:allfamla
J.R. Bloom, Notary Public
Cy
his/h¢/thCr signature(~ 2),
or the entity upon behalf of which the personf~) acted,
OPTIONAL
Description of Attached Document
Title or'
Signer(s) Other
Capacity(les) Claimed by Signer(s)
individual
Title(s)'
Partner--U] Limited I, General
:act
Trustee
[] Individual
Title(s)'
[] Partner--[] Limited I, General
L3 Trustee
EXHIBIT A
Legal Description:
Parcel 1, PM 12258, in the City of San Diego, State of California, Record Book of
Parcel Maps, File #82-237020; recorded the 2nd day of August, 1982.
APN: 275-510-19
EXHIBIT B
RESOLUTION NO. P-00-41
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-07
AND MINOR DEVELOPMENT REVIEW 00-15
ASSESSOR'S PARCEL NUMBER 275-510-19
WHEREAS, Conditional Use Permit 00-07 and Minor Development Review 00-15
were submitted by AirTouch Cellular for the purpose of placing cell on an
existing church tower and ' g a 382 square foot equipment 'ljacent
to the north side of the building on the St. Bartholomew's Episcopal Church campus,
located at 16275 Pomerado Road in the RR-C zone; and
WHEREAS, on May 16, 2000, the City Council held a duly advertised public headng
to solicit from the public, both pro and con, relative to this application; and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: Conditional Use Permit 00-07 and Minor Development Review 00-15 will not
result in a significant adverse impact upon the l and are hereby found to be
Categorically Exempt, Class 3, as it is a small structure.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for Conditional Use Permit 00-07 approving the installation of the cellular equipment,
are made as follows:
The project is consistent with the General Plan as it designates this site for
semipublic uses, including I iions facilities, with the benefit of a
conditional use permit.
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 existing tower
element of the church sanctuary building and the ground equipment' J by
a masonry wall, textured and painted to match the adjoining building, and screened
with landscaping.
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, services, and utilities because the use will be
located in a development where all necessary 1' :ly in place.
Resolution No. P- 00-41
Page 2
There will not be a harmful effect upon desirable neighborhood ch
the fixtures will I: J from th ~1 are otherwise not
disruptive or adverse effects on neighbors.
:any
The g :traffic will not adversely impact the surrounding -I/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, not
' .3 frequent trips to the site.
Th 'table for the type and intensity of the use in that it' 'ljoining
a major artedal roadway and installed within an existing semipublic use.
There will be no significant harmful effects Ul: quality and natural
the facility will not create any new development on the property.
I, There are no otb
mitigated.
negative impacts of the development that cannot be
Section 3: The finding Jance with Section 17.52 of the Poway Municipal Code
for Minor Development Review 00-15 approving the installation of the panel -1
the equipment are made as follows:
The approved project is consistent with the General Plan as 1' lions
fixtures are permitted within the Rural Residential land use designation with benefit
of a conditional use permit.
The approved project will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties as the design of the fixtures
will be compatible with current and future buildings in the vicinity.
The approved project encourages the ordedy and h appearance of
structures and property within the City as the use is consistent with the general
design standards in the neighborhood.
Conditional Use Permit 00-07 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 h :1 during the past year.
E. Prior
building permit, the applicant shall comply with the following:
The structural elevations shall depict the use of masonry block for the
equipment to the satisfaction of the Director of Development
Services.
Resolution No. P-00-41
Page 3
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 a ' ' :two (2), fifteen (15) gallon
evergreen vines shall be installed to the north and west of the equipment
with a I irrigation system to the satisfaction of the
Director of Development Services.
The operator shall submit 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 ~ 80% of the MPE limits, the applicant shall hire
a qualified electrical engineer licensed by the State of California 1
exposure 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 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.
Pdor to use of th
the following:
facility, the applicant shall comply with
The required tree plantings and temporary irrigation system shall be installed
per plan.
2. The required
3all be installed per approved plans.
Upon establishment of th
the following shall apply:
facility, pursuant to CUP 00-05,
All facilities and related equipment, including lighting and masonry
shall be ~ in good repair, free from trash, debris, litter and graffiti
and other forms of vandalism. Any damage from any cause shall be repaired
31y possible so as ~ ' ' = dangerous
condit' blight.
Resolution No. P-00-41
Page 4
The facility shall be operated in such a manner to minimize any possible
disruption caused by noise. Backup generator~ 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 :1 the noise
standards contained in the Poway Municipal Code.
Th
site
3erator of the facility shall routinely and regularly inspect the
31lance with the standards set forth in this permit.
The operator of the facility shall be strictly liable for inter1' :1 by
their facilities with Cityiion systems or other public agency
emergency ./stems. 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 ling directional powering down
systems, and engineering analyses), and all costs arising from third party
claims against the City attributable to the interference.
The wireless t ~.ion facility shall no.t 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 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
g 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 §hall be submitted to the Director of Development Services for
:1 approval.
Section4: Conditional Use Permit 00-07 and Minor Development Review 00-15,
consisting of the installation of two panel antennas on the tower of the existing St.
Bartholomew's Chumh sanctuary building and construction of a 382 square foot concrete
block equipment :ljacent to the building, as shown on the plan dated May 16,
2000, is hereby approved for the time period in which the existing church sanctuary exists,
subject to the following conditions:
A. Prior to building permit issuance:
Within 30 days of approval (1) the applicant shall submit in writing that all
conditions of approval have been read and understood; and (2) the property
owner shall execute a Covenant on Real Property.
Resolution No. P-00-41
Page 5
The use conditionally granted by this approval shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of the
surrounding residential and uses.
3. Revised plans shall show required landscaping.
Prior to establishment of the use:
The applicant shall comply with the Poway Municipal Code and the latest
adopted Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform'Fire Code, and all other
applicable codes and ordinances.
=
All conditions of approval contained herein shall be completed to the
satisfaction of the Director of Development Services.
=
Vines shall be planted around the equipment :1 trained onto the
structure so as to conceal the views from the parking lot and the street.
The cellular fixtures shall be painted and textured to match the sanctuary
building. The equipment shall be constructed of solid masonry
with a view obstructin~ gate, each painted to match th 3/building.
Upon establishment of the use:
All landscaped areas shall I; :1 in a healthy and thdving condition,
free from weeds, trash, and debris. The trees shall be encouraged and
allowed to retain a natural form. Pruni.ng 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 expire
upon issuance of demolition permits for the St. Bartholomew Church
sanctuary building in preparation for the construction of the replacement
sanctuary. If the applicant desires to obtain approval for use of the new
sanctuary or other buildings on this site for cellular antennas, including
interim use, ' ' to this CUP shall be required.
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 h ,1 during the prior
year.
Resolution No. P-00-41
Page 6
The approval of CUP 00-07 and MDRA 00-15 shall expire on May 16, 2002,
at 5:00 p.m. unless pdor to that time a building permit has been issued and
on the property' the project approval h :1 prior to its expiration.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, at a reg ' 3 this 16th day of May, 2000.
ATTEST:
'Eori Anne Peoples, City C~erk
Michael P. Cafagna, Mqyor
,~
11~4uIY, that tb~ clbOve Grid
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) I~ ~_
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- 00-41 , was duly adopted by the
City Council at a meeting of said City Council held on the 16th day of May, 2000, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
LorilAnne Peoples, City Cldrk
City of Poway