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Covenant Regarding Real Property 2001-0727100 '- .,....,;, RECORDING REQUEST.: ) DOC' ..." 2001-0727100 ) CITY OF POWAY ) ) OCT 09. 200l. 8"'''-'- AM .. ":"...J WHEN RECORDED MAllIO: ) ) \ l~ J- OFFICIAL RECORDS CITY CLERK, ) SAN DIEGO COUNTY RECORDER'S OFFICE CITY OF POWAY ) GREGORY J. SMITH, COUNTY RECORDER \'LV P 0 80X789 ) FEES: 31.00 POWAY CA 92074.0789 ) """ II I "" "I~I "~III"" C\ ) No Transfer Tax Due ) ler's Use) 2001-0727100 COVENANT REGARDING REAL PROPERTY Lutheran Church'of the Incarnation, Property Owner("OWNER" hereinafter) is the owner of real property described in ExhibitAwhichisattached hereto and rnadea part hereof and which is commonly known as AssessOr's Parcel Number 2'73-820-Q8 ("PROPERTY" hereinafter), In consideration of the approval of Conditional Use Permit (CUP) 00-11, a request to allow the installation of a wireless communication facility at the Lutheran Chlirch of the Incarnation, by the City of poway ("CITY" hereinaft~r), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit B), This CovenanLshal1 run with the land and be binding upon and inure to the benefitof the 'future owners. encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that CUP 00"11 expires or is rescinded bY City Council at the request of OWNER, CITY shall expunge thisiCovenant from the record title of PROPERTY In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement Gfall costs, including reasonable attorneys' fees. from the other party Dated: /0/1 /[J I K-i-C1 / f3 rnr/U~4 _ , ........;.~h&~o~l"\ C\\..i.....f,.'h Dt-1-ht.- \n(o,"T)(,.,;1I:V"" CITY OF POWAY Dated q / fc 1(1/ By' fOJ:;t,J.. ~ j) b ~ I f Niall Fritz, Director of Develdpment Services .' 'GD(^ff' WltJ / ' L -, _ C '[ , "J J5{L/-/ r Ol-'/q / ..... _o"")-'t." -. . 174=- CALlFORNIA~ALL.PURPOSE ACKNOWLEDGMENT .-::...-::-~~_'::.!..-~~'::'~:3~~~,:?;~:.-;j!.<-'{';.--:/i-.i'f,""'-:, ...;: :G5~~..(",,-~,.c<'Aj(':-G<'.c<'.<<Q:~~5:.iEf:DS:~-Q:,?:2.~!..~--;::""::"-'~:",~~::~:'>: , State of California } ss, .(~ '~ County of ~A,}j Di~u "'O;~y , On CC\. D} / 'd00 ~ before me, ~2G.&& ~Al~. 'FUo-wc. , .' Name and Tille of Officer (e "' "Jne Doe, Notary Public") ^ " personally appeared ~\ c../ S " Name(s) ofSlgn(;!r(sl 1 o personally known to me " ~ proved to me. on the basis of satisfactory , evidence " to be the person(~ whose name(~ @}al'(l ~.; \ subscribed to the within instrument. and " acknowledged to me thath@ttwy executed (", , the same in hi~h~ir authorized ., capacity(ills), and that by his€9'thetir > signature(91 on the instrument the persi:>n(~\ or r~~."-."'=-""'''''--''' the entity uponbenalf of which the person('\J ~ ' GRoGG MHL91 ' '~ acted, executed the instrument. ::- ;,:~~r""" C~f1~'11~'":);'1 ,1: 1.?31;n7 ~ ~ r+~_~~~' No~")' !'ub~.c .~ Cap-roml" 1: ; \~ii~/,'" Scl ~~GR C~.rrry ~ : ,.Iv Ccrr""..~'ci; NO"18;2OOA;J& ~~f""::'''3:<'~i. .:;1'=~>>' Place Notary Seal Above. OPTIONAL Though the information be/owis,not,(equir~d by law. it may prove valuable to 'persons relying on the document , and could prevent1raudulent removal and reattachment of this forr(7 to another document. Description of Attached Document Title or Type of Document: Document Date: Number 01 Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer:s Nam~: D Individual Top 01 thumb here o Corporate Officer - Title(s): o Partner - O'Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator D Other Signer Is Representing: -- ,,"- ~ 1999 NatJonal Nolary AS5oc;atlOn' 9350 De"Soto Ave PO. Bo~ 2402' Ghatsworth. CA 91313-2402' WNW,nalJOnalnotary,org Prod,No,5907 ReorderC,lllTolHree 18008766827 · 1744 · DRDER NO 274436-02 , I EXHIBIT A (LEGAL DESCRIPTION) ~he Southerly 650 ,00 feet of that portion of 'Lot 1 in Section 26 f Township 13 South, Range 2 West, San Bernardi:p.oJM~,~j.,9i,?-~, County of Sa~ Di,ego, ,State of California, according to United States Government Survey thereof, described as follows Beginning at the Northeasterly ~orner of said Section ~6, '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 Courity; the_nee North ,88045' 5911 West along the Northerly line of said' Section, a di'stance 'of 330 00 'f~et to the True Point of" Beginning; thence South 01014' 01" West, 1333 OS feet to the intersection with the center line of the 60 00 foot traveled righ~ of way for road purposes, a~ shown on said Record of Survey Map No 3582; the~~e I along said center line as 'shown' on'said Map, North 88056' 5611 West, 342 44 feet to a tangent 375 00 foot radius curve', concave Northerly; thence North 01014'01' East, 1334 14 feet to the intersectioIT wit~~he'Nqrtherly 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 'l?"50 00 feet of that por~~on conveyed to the County of San Diego, by deed recorded February 1'9" 1962 as File/Page No. 28924 of OfficJal Records, being that portion lying' Soutbwesterly of a 1170 00 foot radius curve, concave Northeasterly that i;; concent~ic 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 corner' of Lot 1 of said Section 26,; thence North 88057'0711 West, (record' N'orth 88056':S6_~ West) 338 30 feet to the ,beginning of a tangent curve to the -right having a radius of 1200 ,00 feet; thence N9tth~e-~terly along said Curve through a central angle of 56046'0511 a distance of 1188 95 feet; 'thence tangent to said curve North 32011"02' West, 603 ~3 E~et to a point which is: SCl":lth 68014''5911 West, 728 :33 feet; and North 88042' 51tl West, (record North 88045' 59" West) 999 86 feet from the Northeast corner of said Section 26 END OF SCHEDULE A . .~ 745 . RESOLl:JTION NO. P-Ol-07 A .RESOLUTION OF THE CITY COUNCIL OFT8E CITY OFPOWAY, CA,L1FORNIA APPRO"'ING CONDITIONAL USE PERMiT 00-11 ASSESSOR'S PARCEL NUMBER273-820-08 WHEREAS, CUP 00-11. submitted by WFI, applicant, requests a Conditional Use Permitto allow the installation of awireless commuriicati6nfacility consisting of six panel antennas mounted on an existing church bell tower and related ground mounted equipment. The site is atthelutheran Church ofthelncarnation in the Rural Residential C zone at 16889 Espola Road, and WHEREAS, on February 20, 2001, the City Cqunqj' held a duly advertisE?dpublic hearing to solicit comments from the public, both pro and con, relative to this application, and NOW, THEREFORE, tile City Council does hereby resolve as follows: Section 1: The City Council finds that Conditional Use Permit 00-11 is Categorically Exempt from the provisions of the Califomia Environmehtal Quality Act, pursuantto Section 15303(d), Class 3 exempti6h,in that 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 00-1.1 to approve.a Conditional Use Permit for the installation of awireless communication facility consisting of six panel antenr:1asmounted on an existing church bell tower at 16889 Espola Roadin'the RR-C zone, are made as follows: A. The location of the, communication facility will not create any significant visual impacts, The equipment will be screened by the blockwall enclosure and proposed landscaping. Theuseds'a public facility, which is an allowed use in the RR-C zone with tbe approval of a Conditional Use Permit. Therefore, the proposed location size,.designand operating characteristics of the proposed use are in accord with the title and purpose of Section 17 48.070 of the Poway Municipal Code, the purpose of the ZOr:1e in which'the site is located, the City General Plan, and the development policies and standards ofthe City B The location and design of the proposed communication facility will not create a negative visual impact on surrounding properties since the facility has been designed to blend in with the existing structures. The facility is unmanned. Therefore, the location, size, design and operating characteristics 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 resources. L~ii)rr "0'1 . 17'46 . Resolution No.P- 01-01 Page 2 C There will be no apparent increas~inthe scale, bulk or coverage of site improvements, dueto the nature and designofttje.tacility Therefore, the harmony in scale, bulk, coverage and density of the project is consistent with adjacent uses 0 There are public facilities, services and utilities available. E. The proposed communication facility will occur within an existing church tower and will not constitute an enlargement of an existing use. Therefore, there will not be a harmful effect upoiidesirable neighborhood characteristics. F The project will not increase traffic. Therefore, the generation of traffic will not adversely impactthe'capacityand physical characterof surrounding streets and/or the circulation element of the General Plan. G Vehicle, access is already provided to the site, which presently contains a church. No new demands:will, be placed on parking and circulation. Therefore, the site is suitable for the type and intensity of use or deVelopment that is proposed H. The project will not involve a significant expansiCln of the limits of the existing structures and will not involve hazardous materials or processes. Therefore, there will not be significant harmful effects upon environmental quality and natural resources. I There are no other relevant negative impacts of the proposed use that cannot be mitigated J The project will not involve any noticeable exterior changes to the structures. The proposed use isan :all()Wable use in the RR-C zone. Therefore, 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 lathe public health, safety or welfare, or materially injurious,toproperties or improvements in the vicinity nor be contrary to the adopted General Plan: and , K. Thatthe proposed conditional use will comply with each ofthe applicable provisions of'Section 17 48.070 of the Poway Municipal Code Section 3: The City Council hereby approves CUP 00-11 for the installation of a wireless communication facility consisting'of six panel antennas mounted on an existing church bell tower at 16889 Espola Road in the RR-C zone, as shown on the plans dated January 15, 2001, sUbjectto the following conditions: . 1747 . Resolution No. P- 01-07 Page 3 A. Approval of this CUP reqUest shall apply only to the, subject project and shall not waive compliance with all se,cticihs oftheZon.ing Ordinance and all other applicable City ordinances in effeCt atthe time of building permit issuance. B Within 30 days of the ~Clte of this approval (1) the applicant shall submit in writing that allconditions'ofapproval have been read and understood; and (2) the property owners shall execute a Covenant on Real Property. C 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 surrounding commercial uses. D The conditions of CUP 00-11 shall remain in effect fpr the life of the subject wireless communication facility and shall run with the land and be binding upon future owners, SUCGessors, heirs"and transferees of the current property owner E. CUP 00-11 may QesLibject to annual review as determined by the Director of Development Services for compliance with the, conditions 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 B\lilding Permit, the applicantshallcomplywith the following: 1 The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code; and all other applicable codes and ordinances in effect at the time of electrical/building permit issuance. 2 The specific type of block used for the equipment enclosure shall be depicted on the buiiding plans. The selected ,block shall match. as closely as possible, the existing block walls, to the satisfaction of the Director of Development Services. 3 A landscape plan shall be submitted for review,and approval by the Director of Development'Services. The plan ,shall show a minimum of six 15-gallon shrubs to screen the enclosure!, along,with the replacementlrelocationofthe existing trees. The plan shall include irrigation and note specific plant species and sizes. 4 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 these calculated levels exceed 80% ofthe 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. A report of . 1748 . Resolution No. P- 01-07 Page 4 these measurements and the enginee~s findingsl,Alith respect to compliance with MPE Iihiits shall be submitted tothe 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 analysjs, the City may require, at the appJicant!s expense, independent verification of the results of the analysis. 5. The applicant shall provide evidence, to'the satisfaction of the Director of Development SerVices, that the facilitywillnotinterferewith the use of heart pacemakers or similarpersonal medical devices. No building permits will be issued if there would be interference. Prior to any installation of the antennas, SJaff'will provide a report to the City Council on the evidence provided H Prior to obtaining a final inspection on the building permits, the applicant shall comply with the following: 1 The site shall be d13ve1oped in accordance with the approved plan on file in the DevelopmentServices Department and the conditions contained herein. A final inspection from the appropriate City Departments will be required. I. Upon establishmerit6f thewireless communicationfacility,pursuanlto CUP 00-11, the following shall apply' 1 The landscaping shall be maintained in a flourishing manner, to the satisfaction ofthe Director of DevelopmentServices. 2. All facilities and related equipment shall be maintained in good repair Any damage from any c,ause shall be repaired'as soon as reasonably possible so as to minimizebccurrences of dangerous conditions or'visual blight. 3 The facility shall be operated in such a manner to minimize any po_ssible disruption caused by noise. Backup generators shall only ,be operated during periods of power outages arid 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 notimeshall equipment'noise from any source exceed the noise standards contained in the Poway Municipal Code. 4 The owner or operator of the facility shalLroutinely and regularly inspect the site to ensure 'compliance with the standards set forth in this permit. 5 The operator of the facility shall be strictly liable for interference caused by their facilities with City communication systems or other public agency . 174:9 . Resolution No. P-OI-07 Page 5 emergency communication ,systems. The operator shall be responsible for alllatJor and equipment costsfordetermining the source of the interference, all costs associated ""Jith eliminating the interference (including but not limited to filtering, iristCilling cavities, instailing directional antennas, powering down systems, and engineering analyses), and all costs arising from third party claims againstthe' City attributable to the interference. 6 The wireless'telecommunication 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 h~alth. 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 for electric and magneticfiela strength and power density for transmitters or any more restrictive stanaard subsequently adopted or promulgated by the City, County, State of California, or the Federal government. If th~re is any change in the manner in which the facility is operated' or change in the MPE, a report pursuant to Condition F 4. of this resolution shall be submitted to the Dire'ctor of Development Services for review and approval. Section 4: The owner of the wireless communication facility shall remove all of the communication equipment, aDd associated structures, approv,ed pursuant to this permit within 60 days of ceasing operation of the communication facility Section 5: The approval of CUP 00-11 shall expire on February 20,2003 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 commenced prior to its expiration, PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 20th day of February 2001 ATTEST I 'c . 1750 .esolution No. P-OI-07 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 pe~ury, that the foregoiilg'Resolution No. .p-oi-O? ,was duly adopted by the City Council at ameeting of said City Council held on the 20th day of February 2001, and that itwas so adopted by thefqllowing vote: AYES: NOES' , ABSTAIN: ABSENT: o Anne Peoples, City :~ City of Poway .' , N:lcitylplanningl01 reportleu0011 res.doc . .