Covenant Regarding Real Property 2003-1133622- 10677 DOC 0 2003 - 1133022
RECORDING REQUEST BY: ) SEP 16 , 2 003 8: ()M
CITY OF POWAY ) OFFICIAL RECORDS
SAN DIEGO MTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) GREGOD J. SMITH, COUNTY RECORDER
CITY CLERK ' )
FEES: 32.00
CITY OF POWAY ) 1 •,•,„
P O BOX 789 ) + III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I
m POWAY CA 92074 -0789 )
U ) �, 2 t )0 3- 7133822 '
I c al .
No Transfer Tax Due ) (This space for Recorder's Use)
APN: 273 - 820 -09
COVENANT REGARDING REAL PROPERTY
St. John of Damascus Church, PROPERTY OWNER ( "OWNER" hereinafter), is the owner
of real property ( "PROPERTY" hereinafter), which is commonly known as Assessor's Parcel Number
273 - 820 -09 and more particularly described in Exhibit A.
In consideration of the approval of Conditional Use Permit (CUP) 03 -05, a request to allow
the installation•of a wireless telecommunication 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In the event that CUP 03 -05 expires or is rescinded by City Council at the request of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 Covenant, the prevailing party shall
be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other
party.
Dated: �-- Z- 0 /
Dated: ` -/ 5 - 0 1
MAplanning \03report \cup \CUP 03 -05 \covenant.doc
OWNER: St. John of Damascus Church
Fath r, Alex / aiyder Federoff
otarize)
CITY �OF�POWAY
By: mil/
Niall Fritz, Directo Dev lopment Services
Or Itoo
Exhibit "A"
* 10678,
All that certain real property situated in the County of San Diego, State of
California, described as follows:
That portion of Lot 1 in Section 26, Township 13 South, Range 2 West, San
Bernardino Meridian, in the County of San Diego, State of California, according to
Official Plat thereof; described as follows:
Commencing at the Northeast corner of said Section 26, as shown on Record of
Survey Map No. 3582, filed in the Office of the County Recorder of San Diego
County, March 16, 1955; thence along the Northerly line of said Section 26,
North 88 0 45'59" West, 672.44 feet to the Northwest corner of land described
under Parcel 2 in deed to Francis C. Darby, et ux, recorded. September 12,.1958
in Book 7252, page 450 of Official Records; thence along the Westerly line of
said Darby's land, South 01 0 14'00" West to a point distant thereon North
01 East, 360;00 feet from the intersection of said Westerly line with the
Northeasterly line of County Road Survey No. 1673 (known as Espola Road) as
described in deed to the County of San Diego, recorded February 19, 1962 as
File /Page No. 28925 of Official Records; said point being also the True Point of
Beginning; thence continuing along the Westerly line of said Darby's land, South
O1 °14'00" West, 360.00 feet to the Northeasterly line of said Espola Road, being
a point on the arc of 1170.00 foot radius curve, concave Northeasterly, in said
Northeasterly line; thence along said Northeasterly line, Northwesterly along the
arc of said curve, a distance of 200.00 feet to a point herein designated as Point
"A "; thence continuing along said Northeasterly line, Northwesterly along the arc
of said curve 350.00 feet, more or less, to the Easterly line of the Westerly 56.00
feet of said Lot 1; thence along said Easterly line North 13 °16'21" East, 30.00
feet; thence Easterly in a straight line to the intersection of the Northerly _
terminus of a straight line which bears Northerly a distance of 248.00 feet from
said Point "A" with the Westerly terminus of a straight line which bears Westerly
a distance of 140.00 feet from the True Point of Beginning; thence Easterly in a
straight line, 140.00 feet to the True Point of Beginning.
CALIFORNIA ALL-PURPOSE CKNOWLEDGMENT 1
No. 5907
State of
County of 1 �Qh� C___1
On � - r � `befo e me,
DATE I NAME, TITLE OF OFFICER - E G , - JANE DOE, NOTARY FLIR41�_
NAMES) OF SIGN
❑ personally known to me - OR - proved to me on th
e
personally appeared
L_
basis of satisfactory evidence
to be the person(k whose name(sa(Si/are
subscribed to the within instrument and ac-
knowledged to me that ie )he /they executed
the same in Is h6KAht>i authorized
capacity(is), and that by(Ds huhr /their
signature(s�,on the instrument the person(a),
or the entity upon behalf of which the
person(s.) acted, executed the instrument.
WITNESS
}`•`; C # 12BIV7
�
S m. Nory 18, 2054
�i
an Diego Ccxjnty
cbm
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
Ri!:G L— V P 01re: e--y
+ T
NUMBER OF PAGES
! �/�O 3
DATE OF DOCUMENT
N(AL 1 r._-Z
SIGN R(S) OTHER THAN NAMED ABOVE
IC
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave, P.O Box 7184 • Canoga Park, CA 91309 -7184
• •
10680
RESOLUTION NO. P -03 -50
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03 -05
ASSESSOR'S PARCEL NUMBER 273 - 820 -09
WHEREAS, Conditional Use Permit (CUP) 03 -05 was submitted by Cingular
Wireless, Applicant, to install a telecommunication facility at the developed St. John of
Damascus Church property located at 16903 Espola Road in the Rural Residential -C
(RR -C) zone, and;
WHEREAS, the proposed telecommunication facility consists of antennas and
equipment installed within a new, 35- foot -tall, "faux" bell tower attached to the existing
Church sanctuary building, and,
WHEREAS, on August 5, 2003, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application, closed the public hearing, and continued the application to the August 19,
2003 to obtain additional information.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1 : The proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15303 of the CEQA Guidelines, in that the project involves the installation of a small,
new telecommunication facility providing a utility extension to serve the surrounding
areas.
Section 2 : The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code for CUP 03 -05 to install a telecommunication facility on property located
at 16903 Espola Road, are made as follows:
A. The proposed location, size, design, and operating characteristics of the
proposed telecommunication facility are in accord with the title and purpose of
Chapter 17.48 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 designed, 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
telecommunication facility will 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 been designed and sited such that it will
not result in visual impacts to the surrounding community. The antennas and
equipment will be located within a structure and will not be visible to the public.
0 0 10681
Resolution No. P -03 -50
Page 2
Operation of the facility will comply with Federal Communications Commission
(FCC) design and operational standards. The facility is unmanned and will not
create traffic impacts.
C. The proposed telecommunication facility is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the
proposed facility will be integrated into an existing building.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed telecommunication facility.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed telecommunication facility has been
designed, sited, and screened such that it will not result in a visual impact to the
surrounding community, and the facility will comply with FCC design and
operational standards.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and /or the Circulation Element of the
General Plan in that the proposed telecommunication 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 telecommunication facility will enhance
telecommunication coverage in the City.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed telecommunication facility is located on a
developed property and does not involve the removal of natural habitat
resources.
I. There are no relevant negative impacts associated with- the proposed -
telecommunication 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 characteristics of the proposed telecommunication facility will not be
materially injurious 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.
0
10682
Resolution No. P- 03 -50
Page 3
K. The proposed telecommunication facility will comply with all the applicable
provisions of Chapter 17.48 of the Poway Municipal 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 -05 to install a
telecommunication facility consisting of 6 panel antennas and ancillary equipment to be
located within a new, 35- foot -tall, "faux" bell tower attached to the existing St. John of
Damascus Church sanctuary building, as shown on the plans dated June 20, 2003,
subject to 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 submit in
writing that all conditions of approval have been read and understood; and (2) the
property owners shall execute a Covenant Regarding 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
uses.
D. The conditions of CUP 03 -05 shall remain in effect for the life of the subject
wireless telecommunication facility and shall run with the land and be binding
upon future owners, successors, heirs, and transferees of the current property
owner.
E. CUP 03 -05 may be subject 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 issuance of a Building
Permit, the applicant shall comply with 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 site shall be developed in accordance with the approved plan on file
in the Development Services Department (dated June 20, 2003) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
10683
Resolution No. P -03 -50
Page 4
3. 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.
Upon issuance of the Building Permit and installation of the facility, 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 these measurements, and the engineer's findings
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
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.
4. The antennas shall not be activated for use until a final inspection is
conducted by the City.
5. The Building Permit plans shall include a utility plan that shows the
equipment layout.
6. Submit a landscape plan for review and approval, which shows that each
tree that will be removed as result of the project will be replaced with a 36-
inch box tree.
7. The fire sprinkler system shall be extended to the bell tower. Plans for the
sprinkler extension must be submitted to and approved by the Fire
Department before the sprinkler extension takes place.
G. Upon establishment of the wireless telecommunication facility, pursuant to
CUP 03 -05, the following shall apply:
1. All facilities and related equipment shall be maintained in good repair.
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize occurrences 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 of 10:00 p.m. and 7:00 a.m.
on weekday nights. At no time shall equipment noise from any source
exceed the noise standards contained in the Poway Municipal Code.
10684
Resolution No. P -03 -50
Page 5
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.
4. The operator of the facility shall be strictly liable for interference caused by
their facilities with City telecommunication systems or other public agency
emergency communication systems. The. operator shall stop operations
at the site and determine the cause of the interference prior to restarting
the facility. The operator 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 antennas, powering down systems,
and engineering analysis), and all costs arising from third party claims
against the City attributable to the interference.
5. 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 health. To that end, no facility or
combination of facilities shall produce at any time power densities in any
inhabited area that exceed the FCC's Maximum Permissible Exposure
(MPE) limits for electric 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.3 of this
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 telecommunication facility shall remove all of
the communication equipment, and associated structures, approved pursuant to this
Permit within 60 days of ceasing operation of the telecommunication facility.
Section 5 : The approval of CUP 03 -05 shall expire on August 19, 2005, 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.
10685
Resolution No. P -03 -50
Page 6
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 19th day of August 2003.
Betty cford, DerWtJ Mayor
ATTEST:
Lon Ai ne Peoples, City Clerk`
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 -03 -50 , was duly adopted by
the City Council at a meeting of said City Council held on the 19th day of August 2003,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
&
Lori nne Peoples, City Clerk
City of Poway