Covenant Regarding Real Property 2005-0714298
.
. 9769 ---
" ' . DOC. 2005-071 4~98
RECORDING REQUEST BY: ) I IlIIilll III IllIi 1IIIIIIIIi III11 11111 jllll 1111111111 11111 111111111 /III
f2p CITY OF POWAY , )
) AUG 19, 2005 1 '01 PM
OJ' ) '-'Ffl:=luL F:ELOF:C""
I~WHEN RECORDED, MAIL TO: ) '-,~';Ji i IIE:;n L'Ullrn I F-n::UJF:rIEF:'~, OFFICE
) hF:EC~IIF(; ,J '-,t1ITh Ll~Ur'll F-itTuF:lIEr-:
FEES -:,2,01-:
CITY CLERK ) FI~,ljE'=, '3
CITY OF POWA Y ) 11I1!/lllilllllllllllllllillllllllllllllillllllllllllllllllillllllllll!llIIi1111
POBOX 789 )
POWAY CA 92074-0789 ) :W05-0714298
)
No Transfer Tax Due ) (This space for Recorder's Usej
APN: 273-820-08/CUP 04-14
COVENANT REGARDING REAL PROPERTY
The Lutheran Church of the Incarnation of San Diego County, California, 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 APN 273-820-08 ("PROPERTY" hereinafter) In
consideration of the approval of CUP 04-14, 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, successors, heirs, personal
representatives, transferees and assigns of the respective parties
In the event that CUP 04-14 expires or is rescinded by City Council at the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 provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party
OWNER. ,
Dated' 1 ~ /, - tJ ~ By'
rh~i he r~~nrch of the (Notarize)
Incarnation of San Diego County, California
CITY OF POWAY
Dated: ~. ? o~ By' ~
Niall Fritz, Director of elopment Services
05-ILfO
. ., . 9,'70 .
CALIFORNIA ALL.PURPOSE. ACKNOWLEDGMENT
,
I State of California }
-= ,r\, ss,
County of ~GUL ~~
,
~ .-' i
On..j I~, '2&<9, before me, ~uE:t.... <D ~s;: i
Date Name aml:Title of Officer (e.g., Jane Doe, Notary Public 1
personally appeared ~a -;; ~/<l1J~
~. Name(sjofSlgiw($)
[,'
D personally known to me
I R proved to me on the basis of satisfactory
evidence
~~- - - - -S;"U,-EL~;L;RE; - J to be the p,erson,i8j""whose name(8Yis/Oll:9-
:<: ... . . C,?mrT)I~lo.n # 133:~~9:~ ~ subscribed to the wit~in instrument and
[, l~, Not~,ry P~.bl,'C -ccahfornla ~ aCknO,Wledge d to me-that h e/sJH~/tRe~' execu,t,ed
an lego ounty f th 'h' Ib 'IR' th' d
_ ,_ _ _My~:m~~~O:1.:.2~ ca~aCi~;~, t~nd l~ha~r b9Jr h~~~~;I~~ir I
signaturei-"f on the instrument the person(~ or
the entity upon behalf olwhich the person~
I acted, executed the instrument.
WI~SSmy ha,ndand~,Seal.
c ~ ~"-(-
SlQnat~re (jf ,Notary Public
OPTIONAL.
Thoughfhe"information below is notre.quired bYJa~, It may prove va!uable'to 'persons relying on the document and could prevent
fraudlJifmt removai~nd !~attachmenr of this form to another document.
Description of Attached:.oocument
Title or Type of Document: ~~( ~~..Q."l' ~~ ~~
Document Date: '7 -I<:'-e> ~ Number olPages:
Signer(s) Other Than Named Above:. fi./,.,J'( ~:;:-<:{~
: Capacity(ies) Claimed by Signer i
Signer's Name:
o Individual Top of thumb here I
D Corporate Officer - Title(s): I
D Partner -Dlimited 0 General
D Attorney-in.Fact
D Trustee
o Guardian or Conservator
D Other'
I,
Signer Is Representing: 'i
1
"
(;11999 NatIOnal Notary Association. 9350 De SotoAve. P.O Box 2402.. Chatsworth. CA 91313-2402. Www.nati6nalnotary,org Prod: No~5907 Reorder: Call Toll Free 1-800-876.6827
. 9771. :
"
EXHIBIT A (LEGAL DESCRIPTION)
The Southerly 650 00 feet of that portion of Lot 1 in Section 26, Township 13 South,
Range 2 West, San Bernardino Meridian, County of San Diego, State of California,
according to United States Government Survey thereof" described as follows
Beginning at the Northeasterly co~ner of said Section 26, 'as said Northeasterly corner is
shown on Record of Survey Map No ,3582, filed in the Office of the County Recorder 'of
said San Diego County; thence North 88Q45'5911 West along the Northerly line of said
Section, a distance of 330 00 feet to the True Point of Beginning; thence South 01014'01"
West, 1333 05 feet to the intersection with the center line of the 60 00 foot traveled
right -of way for road purposes as: shown on said Record of Survey Map No 3582; thence
alqng said center line as shown -on said Map, North 88056'56" West, 342 44 feet to a
tangent 375 00 foot radius curve, copcave Northerly; thence North 01014'01' East, 1334 14
feet to -the intersection with 'the Northerly line of... said Lot 1; thence South 88045' 59'
East ,along said, Northerly line 342 44 feet to the True Point of Beginning
Excepting from said Southerly 650 00 feet of that portion conveyed to the County of San
Diego, by deed recorded February ,19, 1962 as File/Page No, 28924 of Official Records,
being that portion lying Southwesterly of a 1170 00 foot radius curve, concave
Northeasterly that is concentric with the distant 30 00 feet (measured radially)
Northeasterly from that certain 1200 00 foot radius curve in the following described
line
Beginning at- the Southeast cor~er ~f Lot 1 of said Section 26; thence North .88057' 0711
West, (record North 88056'56' West) 338 30 feet to the beginning of a tangent curve to
the right having a radius of 1200 00 feet; thence Northwesterly along said curve through
a" central angle of 56046'0511 a distance of 1188.95 feet; thence tangent to s<?id curve
North 32011'02' West, 603 33 feet t.oa point which is South 68014'59" West, 728 33 feet;
and North 88042'51" West, (record North 88045'59" West) 999 86 feet from the Northeast
corner of said Section 26
END OF SCHEDULE A
.- 9772
. .
EXHIBIT B
,
RESOLUTION NO pc05,42
A RE$PL_UTION OF THE CITY COUNCIL
OF THE Crry OF POWA~" Chl.L1FORNIA
APPROVINGCONDITIONAL.u'SE PERMIT 04-14
ASSESSOR'S PARCEL NUMBER 273-820-08
WHEREAS, Conditional Use Permit (CUP) 04-14 was submitted by Velocitel (for
Verizon), Applicant, to install a telecommunications, ,facility on a developed, church,
property located at 16889 Espola Road, in the Rural Residential C (RR-C) zone, and
WPJEREAS, the proposed telecommunications facility consists of six panel
antennas inside, of a replacement cross and ground mounted equipment cabinets inside
of an enclosure, and
WHEREAS, on JUlle 7; 2005, 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', BEl: fTRESOL VED by the City Council of the City of Poway
as: follows:
Section l' The proposed projElc,t is Categorically Exempt as a Class 3 Categorical
Exemption from the Californi? ,EnVironmental Quality Act (CEQA), pursuant to Section
15303 qf the CEQA GiJidelines" in that the project involves the installation of a new,
small telecommunications faCility providing a utility extension to serve the surrounding
areas,
Section 2: The findings; iO accordance with Section 17 48 070 of the Poway
Municipal Code, for CUP 04-14 to install a telecommunications facility on the property
located at 16889 Espola Road, in the Rural Residential C (RR-C) zone; are made as
follows:
A. The proposed location; size, design, ,alldoperating characteristics of the
Rr.9Posed telecommunications .facility are in accord with the title and purpose ,of
Chapter 17'48 of the poway Municipal Code (Conditional Use Permit
Regulations), the General Plan; and the dev.elopment'policies and standards of
the City in that,the f!3<:;i1itYhasbeell designed, sited, and'screened such that it will
not result in'visual'im-pacts to the surrounding community
B The location, size; design, and operatillg 'characteristics of the proposed
telecommunications facilitywill be compatible with and will,not adversely affect or
be materially detrimental to adjacent uses; residents, buildings"structures, or
natural resources in that the facility has tieen, designed and sited such that it will
not restiltin visual impacts to the surrounding community The,'antennas will be
located inside of a,replacement cross and ,will not be readily visible to the public.
The equipment will also be located inside of an enclosure near the church. The
. 97(3 .
Resolution No P-05-42
Page 2
use will comply 'with Federal Communications. Gofnmission (FCC) design and
operational standards The facility is unm-anned and will not create traffic
impacts,
C. The proposed telecommuRiCations facility is in harmony with the scale, bulk,
co\terage,and density of, and is consisteRt with, adjaoent uses in that the
proposed facility will be located inside of a replacement cross on an existil1g
church.
o There are adequate'public facilities, services, and, utilities available atthe subject
site'to serve tile proposed telecommunications facility.
E. There ,will not be aharmfLiI effect upon the, desirable surrounding property
charaCteristics in that the proposed telecommunications facility has been
designed, siteq"and' screened such that it will not result in a visual il11pact to the
surrounding Community, ani:! the facility will comply with FCC design and
operational standards.
I
F' The generation of traffic will not adversely, .impact the capacity and physical
'character of the surrounding streets and/or the Girculation Element of the
General Plan if, that,the pr<)posed teleco,mmunication~dacility is unmanned' and
will only require periodic maintenance, ther(3by gen'eratirigminimal traffic.
G The site is ?uitablefor the type and inteRsity of use or development, which is
proposed, in that the proposed telecommunications facility will enhance
telecommunications coverage in the City "
H There will not be signjf!caN harmful . effects upon environmental quality and
natural resourcE;ls,in that the proposed telecommunications facility is located on'a
develope.d property and does not involve the removal of natural habitat
resources.
,./ _ There are no relevant, negative impacts associated, with the proposed
telecpmmunications facility that cannot be mitigated in that the facility will comply
with FCC design and operational,standards;
J That the potential impacts, and the proposed location, size', design, and
operating <;haracteristics of the, proposed telecommunications 'facility will not be
materially injurious to properties or improvements in the vicinity, nor be contrary
to,the,ad6pted General Plan, in thatlhe facility has been desigile.d and sited such
that it wIll not. result in visual impacts and will comply with FCC design and
operational standards.
K. The proposed telecomm_uR_ications facility will comply with all the applicable
provisions of Chapter 17 48 of the Poway Municipal'Code in that the facility has
. 9774 .
Resolution No. P-05-42
Page 3
been designE:)dand siied suc.h that it will not' result in visual impacts and will
comply with FCC desig[l and operational sta[ldards.
Section 3: The City CounCil hereby approves CUP 04-14, to install ,a
telecommunications facility, which consists of six, panel antennas mounted inside of a
replacement cross and associated ground mounted equipment cabinets in an
enclosure; on a developed. property at 168.89 Espola Road, as shown on the plans
dated March 8, 2005, subject tothEdollowing conditions.
A. Approval of this CUPTequest shall apply:ontyto the subject project and shall.not
waive compliance 'with all Sections of the Zoning Ordinance and all other
applicable City Ordinances in effectat,the time of Building Permit issuance.
B 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 propertyowriers shall execute.a Covenarit Regarding Real Property.
C, The use conditionally'granted by this approval 'shall not be conduCted in ,such a
manner as to interfere with the reasorlable use and enjoyment of surrounding
uses,
D The .conditions of CUP 04-14 shall remain, in effect for the life of the subject
wireless telecommunications facility, and, shall, run with the land and oe binding
upon future owners; successors, heirs, and. transferees of the current property
owneL
E. CUP 04-14 may be subject to annual review; as determined by the Director of
Development Services, Jorcompliance with the conditions of approval and to
address concerns that may have tJeen raised during the prioryear
~ -. h _ - --
F The applicant shall obtain aBuilding Permit prior to installation of the facility
Prior to issuance of a Building Permit; the applicant shall comply with the
following: "
1 The applicant shall comply with thedatest adopted Uniform Building Code,
National Electric Code, and all other :applicable codes and ordinances in
effecfat the time of Building Permit issuance.
2. Tile site shall be developed in accordance with the approved'plan on file
iil the DevelopmeritServices Department (dated March 8, 2005) and the
conditions contained herein. A final inspection from the appropriate City
Departments will berequired.
~
. ~ .75 .
Resolution No P-05-42
Page 4
(Engineering)
3 A Right-()f~Way Permit shall be obtained from the Engineering Division of
the 'City's DevE;llopment Services Department prior to performing any work
within the public streetright-of-wayor any City-held easements.
4. For access to and from the project site; if other than through public streets
or roads, the applicant is sol~ly responsibleJor acquisition of accesslroad
easements or agreements.
(Planning)
5 The specific. materials used to paint the cross, and the material and colors
to constfUd the equipment enclosure shall be depicted on the building
plans,
6. The operator shall submit calculations ,specifying the FCC's ,Maximum
Possible Exposure ,iMPEl lev(lls in inhabited areas within 500 feet of the
faqility for t1'(e"areas that the levels produced are projected to be highest.
Uponissljqn<<;:!36f th~ B,uilding Perniit aDd installation of the facility, the
,applicant'shall hire a qualified electrical engineer licensed by the State of
California to measure exposure levels at.thelocation after the facility is'in
operation, in!,:luding any cumulative impacts of surrounding
telecommunica1tof]s facilities. A reRortofthese measurements, and the
,engineer's finding~, with respect to compliance with MPE limits, shall be
submitted to the Director of Development'Services. The facility shall not
commence normal operations until it 'complies with or has been modified
to comply with, this', standard, Proof of compliance shall be a certification
provided by th~ 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.
7 The antennas shall 'not be activated for use until a final inspection is
conducted by the City,
---. -" 8. The Building Permit plans shall include a utility plan that shows the
equipment layout.
G. Prior ,to occupancy, the ,applicant shall ,coniply with the following, fire safety
requirementslo the satisfaction of the Fire Marshai:
1 Provide atleast cine fire extinguisher with a minimum ratingof3A40BC.
H, Upon e-stablishrnEOlnt of the wireless tele<:.ommunications facility, pursuant to
CUP 04-14, the folloWing shall apply'
1. All facilities and related equipment shall be maintained in good repair
r
. :::;1776
. .
Resolutian No. P-05-42
Page 5
Any damage 'from any cause sh?I1l?e repaired as soan as reasallaoly
passible sa as to. mihiinize accurrences of dangerous canditians,ar visual
blight.
2. The facility' shall be aperated in such a manner as to, minimize any
possible disruptian ci3used by' naise. Backup generators shall anly be
operCited dunng periods af power autages, and shall nat be tested an
weekends arholidays, or between the,haurs af 10'00 p.m. and 7'00 a,m.
an weekday ,nights. At no. time snail equipment naise from any ,saurce
exceed the.naise standards contained in ,the Paway Municipal Cade,
3 The awnerb( operatar of thl? facility shall routinely and regularly inspect
the site to. ensure campiiance with the' standards set forth in this permit.
4. Service light shallanly, be aperated when maintenance: js accurring on
equiprnent. The ' service light stJallbe adequately shielded and directed
dolNnward to prevent light spillage an adjacent residential uses ar
roadways.
5 The aperator Qfthe .facility shall bestrictly'liable:for interference caused~by
their facility with Clty::telecommunicatiohs systems or ather public agency
emergency cammuhicatian systems. The aperatar shall stop aperatians
,afthe cell site and determine the cause priar to. restarting the facility The
:aperator shall be responsible for all. 'Iabar and equipment casts far
determining the so.urce af the il}terferehce, all casts associated with
eliminating,theiriterference (including, but.not limited to., filtering, installing
cavities, installirig directional antennas, pawering dawn systems, and
engineering analysis), and all casts arising from third-party claims against
the City attributable 10. the interference.
6. The wireles.s telecohlrnunjcatiansfacility shall not be aperated in such a
manner that it 'Pase~, either by itself oriri cambination with other sucn
_ ~ _ _ -'" -"'- ----- .facilities;"a patEmtial: threat to.: public health. To that end, no. facility~or
combination Qf facilities ::;hall prodUCE!, at any time, pawerdensities in any
inhabited area that exceed the FCC's Maximum Penmissible Exposure
- '~. -" ~_. <~ - -, ' -, .
(MPE) lirnits for electric and magnetic field strength and pawer densities
for transmitters, ar any mare restrictive. standards subsequently -adopted
ar promulgated qy the City; Gounty; St?te af Califarnia, ar the Federal
Goyemment. ,If there is any change iri tliemanner in which the .facility is
aperated ar c;h.ange in, the MPE, 't report pursuant to. Candition F 4 af this
ResQlution, sha[lbe submitted to the Directarof Development Services fo.r
review and approval. The Directar may also. require an updated repart as
part of any review af this Canditional Use Permit.
~
" 9777
." '. .
,
i 'Resolution No P-05-42
Page 6
Section4. The owner of the wireless telecommunications facility shall remove all of
the communication equipment, and associated structures, approved pursuant to this
permit within 60 days, of ceasing operation of the' telecommunications faCility
Section 5. The approval of CUP 04-14 shall expire on June 7, 2007, at
5:00 p.m. unless; prior to tllattime, a Building Permit has been issued and construction
on the property in reliance on the CUP approval'has commenced prior to its expiration.
PASSED, ADOPTED,ahd APPROVED by tile 'City Council of the City of Poway,
State of California, this 7th day of. June 2005
- .
ATTEST
~~
SherrieD,Worrell, DeputyCity:Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Sherrie D Worrell, Deputx' City Clerk of the City of Poway, do hereby certify
that the foregoing Resolution No" P-05-42, was duly adopted by the City Council at a
meeting of said City Council held on the 7th day of June 2005, and that it was so
adopted by the following vote:
" - -
~. - - --- . AYES - BOY AtK~ EMERY; REXFORD, HIGGINSON, CAFANGA
NOES. NONE
ABSENT NONE
DISQUALIFIED: NONE
\. JJJfJALI~
"Sherrie D Worrell, Deputy City Clerk
City of Poway
.,\