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Covenant Regarding Real Property 2004-0341126 -- ---- > ., i ,7 ~ -~",' .' , 2004-0341126 ; ~l DOC REGORDINGR~QUEST BY' ) !APR ) 20. 2004 9:49 AM CITY OF'POWAY ) ! OFFICIAl;RECORDS' ) WHEN RECORDED MAIL TO' ) SAN DIEGO COUNTY RECORDER'S OFFICE ) 13000 GREGORY J. 'SMITH, COUNTY RECORDER CITY,CLERK ) FEES: 32.00 CITY OF POWAY ) ~ POBOX 789 ) q-f ~' POWAY CA 92074'0789 ) r ) (This space! j !!!!I!!!!!!~!I! !~!! ~!I!~!mmmlllllllllllllllllllllll!1 , \ \f No Transfer Tax Due ) ;U~~231-l~ COVENANT REGARDING REAL PROPERTY Pomerado Christian Church, a Corporation, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real property ("PROPERTY" hereinafter), which is commonly known as Assessor's Parcel Number 275-231-15 and more particularly described in Exhibit A. In consideration ,of. the approval of Conditional Use Permit (CUP) 03-12, a request to allow the installation of a wireless telecommunications facility on PROPERTY, 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 In the event that CUP 03-12 expires or is rescinded by City Council at the request of OWNER, CITY shall expunge this Covenant from the record title of PROPERTY In the event of litigation to enforce the provisions of this CClvenant, the prevailing party shall be entitled to full reimbursement cif all costs, including reasonable attorneys' fees, from the other party OWNER:fb\Y\~c ChnSh"-l\ Ch-ul1:'-h, Q c.ov'(J Dated: 0~ tJ r; I / Dated: 3" ~ -07 By' ;.t; Niall Fritz, Director of Dev ent Services M:\planning\04report\c~p\CUP03-12 _Pomerado Church _ Cingular\cQvenant.doc t liP 03~1c? t)';lID -3u 01- [)/p I ...;:.-...- ",,- . , ,;' C~'~'IFORNIA,ALl"PURP!E ACK:NOWLEDGMENT . 1300 J State of Ci\-U:.PBt:21\l ::r:A County of ':SAN ~O On /'crftC L 4, :2- CX)4- before me, 'fGu-n-l D 'f:>6fjU) Date Name and Tille of Officer (e.g., "Jane Doe, Notary Public') personally appeared ~Lffi SI\MEs l2u6ACK Y .:JP- Name(s) ofS}gn~r(s) Dpersomilly known to me - OR - ~roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument ifj~~~=" ( and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), , NOTAAT~G or the entity upon.behalfof which the person(s) acted, LOS ANGIUS COlJNTT J 1'1yc.m.;,o.,.MlJlO,lDll7 executed the instrument. y ..,. " "V 'J ~ . t ~, ~ ,,>. - V .... Y WITNESS my hand and official seal. ~ \j)~ . Signature of Notary Public OPTIONAL Though the information be/ow is not requiied by. law, itmay prove va/uabfetop~isons relying on the document and could prevent fraudulent removal and reattachmenr of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Individual o Corporate Officer o Corporate Officer Title(s): Title(s): o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General o Attorney-in-Fact o Attorney-in-Fact o Trustee' o Trustee o Guardian or Conservator o Guardian or Conservator . o Other' Top of thumb here o Other' Top of thumb here Signer Is Representing: Signer Is Representing: C 1994 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7t84 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ...,...,~, , . !' ~ . . 13002 Exhibit "A" All that-.cert:Olin ~eOlI property situated in the County of SOln Diego, StOlte of COllifornia, dejicribed as follows That portion of Lot l' of FractionOlI Section 35, Township 13 South, Range 2 West, San Bernardino Base and Meridian, in the City of Pow<jY, County of San Diego, State of California, according to Official Plat thereof, described as follows' Beginning at a point on the Westerly boundary of said Lot 1, distant thereon North 13018' East, 61.38 feet from the Southwesteriycorner of said Lot 1, said point being in a line parallel with and distant 60.00 fe€!tNortherly at right 'angles from the'sollth line of said Lot 1; thence continuing along the Westerly line of said Lot 1, North 13018' East, 573.11 feetto the Southwesterly corner ofthe North 1637 acres of said Lot r, being the Northwesterly corner of land described to Samuel Merkowitz, recorded June 6, 1962 as File/Page No, 95524 of Official Records, and also bt1!ing the True Point of Beginning; thence along the boundary of said Merkowitz's Land, retracing South 13018' we'st,102.4l feet; thence continuing along said bouhdary South 89009'48" East, 138,00 feet and South 26015'13" East, 173 44 feet; thence South 88051'31" Ea'st, 135.16 feet; thence South 26015'13" East, 181.50 feet; thence 88'51'31" East, 72,39 feet; thence . South 0'13'32" West, 145.81 feet to the Southerly boundary of'said Merkowitz's Landi thence South 88~51'31" East along said boundary 52.01 feet; thence 0013'32" East, 130,02 feet; thence South 88051'31" E<Jst, 160.00 feet to the Easterly line of said Me~kowitz's Land; thence <JIang the bound<Jry of said land North.0'13'32"East, 434,10 feet and North 89009'48" West 692,63 feet more or less to the True Point of Beginning Assessor's Parcel Number: 275-231-15-00 r' " .'. . EXHIBIT B 13003 RESOLUTION NO P-04-21 i 'II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POW/toY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 03-12 ASSESSOR'S PARCELNUMBER275-231-15 WHEREAS~ Conditional Use Permit (GUP) 0.3-'12 was submitted by Cingular Wirel~ss, Applicant, to install a telecommunicatiqlls {?cilityon a developed property located. at 12708 Stone Canyon 'Road in the Residential Single-Family 2 (RS-2) zone, and; WIilEREAS, the proposed telecommunications facility consists of antennas mounted tot~e existing building (Le., 12 panel-type antennas mounted to the west, east, and north facades), and equipment to be located, in an existing attic space, and, WHEREAS, on March 2~, 2004, the City Council held a duly advertised public hearing to solicit commenls from the public, both pro and con, relative to this application. ~OW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: I I Section 1 The proposed project is Categorically Exempt as a Class 3 Categorical , Exemption from the Cali{ornia Environmental Quality Act (CEGA) pursuant toSettion 15303 of the CEQA Guidelines, in that the project involves the installation of a small, new telecommunications facility. providing a utility' extension to serve the surrounding areas. Section 2: The findings; in accordance with Section 1748.070 of the Poway Municipal Code for CUP 03:.12 to install a telecommunications facility on property located at 12708 Stone Callyon Road in the Residential Single-Family (RS-2) zone, are made as follows: ' A. The proposed location, size, design, and operating characteristics of the proposed telecommlmicationsfacility are in accord with the title and purpose of Chapter 1748 of the Poway Municipal Code (Conditional Use Permit Regulations), the City General Plan, and the development policies and standards of the City in that the facility has been designee!, sited, and screened such that it will not result in visual impacts to the surrounding community B The location, size, design, and operating characteristics of the proposed telecommuD-icatiqns facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, in thaUhe facility has been designed and sited such that it will not result in visual impacts to the surrounding community The antennas will be .' " . .13004' Resolution No. P-04-21 8age2 located behind radio transparent material facade extensions and will' not be I visible.to the public. The equipment enclc'-sure will be located in an existing attic space. The use will comply with Federal Communications Commission (FCC) design 'and operational standards. The facility is unmanned and will not create traffic impacts, C The proposed telecommunications facility is in harmony with the scale, bulk, coverage, and density of,and is consislerit witli, adjacent uses in that the proposed facility will be located behind radi'o transparent facade extensions on an existing church building. o There are adequate public facilities, services, and utilities available at the subject site to serve the proposed telecommunications facility E. There will not be a harmful effecl upon the desirable surrounding property characteristics in that the proposed telecommunications facility has been designed, sited, and screened such that it will notresult in a visual impact to the surrounding community, and the facility will comply with FCC design and operational standards. F The generation of traffic ~i11 not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General pian in thaUhe proposed telecommunications'facility is unmanned and will only require periodic;maintenance, thereby generating minimal traffic. G. The site is suitable for the type and intensity 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 significant harmful effects upon environmental quality and natural resources in that the proposed telecommunications facility is located on a developed property and does not involve tile removal of natural habitat resources, I. There are no relevant negative impacts associated with the proposed telecommunications facility that cannot be miligated in lhat the facility will comply with FCC design and operational standards. J That the pot!')ntial impacts, and the proposed location, size, design, and operf:jting characteristics of the proposed telecommunications facility will not be rriaterially.injuribus to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the facility has been designed and sited such that it will, not result in visual impacts and will comply with FCC design and operational standards. 13005 . . Resolution No. P-04-21 Page,3 K. The proposed 'telecommunications facility will comply with all the applicable pro\iisions'of Chapter 17 48 of the PowayMuriicipal Code in that the facility has been designed and sited such that it 'wilL not result in visual impacts and will comply With FCC design and operational standards, Section 3 The City Council hereby approves, CUP 03-12 to install a telecommunications facility consisti[1g of 12 panel antennas: mounted behind a radio transparent facade, and the equipment enclosure will be located in an existing tenant space.at 12708 Stone Canyon Road, as shown ontheplans,dated December 19, 2003, subjectto the following conditions: A. Approval of this CUP request shall apply only to the subject project and 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 issuance. B. Within 30 days of the date .of this approval: (1) the applicant shall suomit iri Writing that all conditions of approval have been read afld understood; and (2)the property owners shall execute a Covenant Regarding Real Property C The use conditionally Qrarited by this approval shall not be conducted in such a 'I manner as to interfere with the reasonable use and enjoyment of surrounding uses, , o The conditions of CUP 03-12 shall remain in effect for the life of the subject wireless telecommunications facility and shalf run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner E. CUP 03-12 may be subject to annual review a~ determined by the Director of Development Services for compliance with the conclitions of approval and to address concerns that may have been raised during the prior year F. The applicant shall obtain a Building 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 the latest adopted Uniform Building Code, NCltiorial Electric Code, and all other applicable codes and ordinances in effecl at'the time of electrical/Building Permit issuance. 2. The site shall be developed in accqrpan,cewith the approved plan on file : in the Development Services Department (dated December 19, 2003) and I the conditions contained herein. A f1nai 'inspection from the appropriate ! City Departments will be required. . . .' " 13006 Resolution No. P-04-21 I ;Page 4 3. The specific materials used to create the paint and texture of the radio I transparentmaterial}o hide the antennas shall be depicted on the building plans. The selected building and roofing materials shall match, as closely as possible, the existing walls and roof; to the satisfaCtion of the Director of Development Services. 4 The operator shall submit calculations ,specifYing the FCC's Maximum Possible Exposure (MPE) levels in inhabited areas within 500 feetof the facility in the areas that the levels produced are projected to be highest. Upon issuance of the Building Permit and installation of the facility, the applicant shall hire a qualified electrical eflgineer licensed by the State of California to measure exposure levels at th~ location after the facility is in operation. A report of these measurements, and the engineer's findings with respect to compliance wilh 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 the engineer who prepared the original report, In order to assure the objectivity of the'. a nalysis. the City may require,atthe applicant's expense, independent'verification of the results of the analysis. I 5. The antennas shall not be activated for use until a final inspection is I conducted by'theCity 6 The Building Permit plans shall include a utility plan that shows the equipment layout. G. Upon establishment of the wireless telecommunications facility, pursuant to CUP 03-12, the following shall apply' 1 All facilities and relaled equipment shall be maintained in good repair Any damage from any cause shall be, repaired as soon as reasonably possible so as to minimize occurrerices' of:dangerous conditions or visual blight. 2. The facility shall be operated in such a manner as 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 of10:00 p.m. and 7'00 a.m. on weekday nights. At no time shall eqlJipment noise from any source exceed the noise 'standards containea in the'Poway Municipal Code. 3 The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the'standards set forth in this permit. . .... . . ." 13007 Resolution No. P-04-21 , Pa9.e 5 ,I The operator of the facility shall be strictly liable'for interference caused by I 4 their facilities with City telecommu,llicatiolls systems or other public agency emergency communicatiohsystems. The operator shall stop operations of the cell site and deteniline the cause prior to restarting the facility. Tbe op~rator shall be responsible for all labor and equipment costs for determining the source of the interference; all costs associated with eliminating the interference (including, but not limited to, filtering, installing cavities, installing directional an,te:rinasi, powering down systems, and engineering analysis), and all cQsts arising from third-party claims against the City attributable to the interference. 5 The wireless telecommunications 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 ata.lly time power densities in any inhabited area that exceed the FCC's Maximum Permissible Exposure (MPE) limits for eleclric and magnetic field strength and power densities for transmitters or any' more restrictive standard subsequently adopted or promulgated by the City, County, State of California, or the Federal government If there is any change in the manner in which the facility is operated or change in the MPE, a report pursuant to Condition F 4 ofthis Resolution shall be submitted to the Director of Development Services for review and approval. The Director may also require an updated report as part of any review of this Conditional Use Permit. Section 4 The owner of the wireless telecommunic;ations fac;i1ity shall remove all of the communication equipment, and associated strus:tures, approved pursuant to this permit within 60 days of ceasing operation of the telecommunications facility. Section 5: The approval of CUP 03-12 shall expire on March 23, 2006, at 5'00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the " , property in reliance on the CUP approval has cornmenced prior to its expiration. 1 ,; ,; ., ~~!, . . 13008 Resolulion No. P-04-21 page,6 pASSED, AD0PTED.and APPROVED by lhe Cily Council of the Cily of poway; State ofCalifoniia, this 23rdday of March 2004 ATTEST " ,~ ~Jkt~7JMf2tJ Sherrie D orrell, Deputy City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Sherrie D Worrell, Depuly City Clerk of the City of. Poway, do hereby certify, under the penalty of perjury; thaI the foregoing Resolu~ion No, P-04- 21 , was duly adopted by the pity Council,ata meeting of said City Council held on the 23rd day of March 2004, and that it'was so. adopted by the foll6Wingvote: AYES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT NONE ~/~Qt)))JutJ{l Sherrie Q Worrell; Deputy City Clerk City of Po Way #"