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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 In the event that CUP 03 -05 expires or is rescinded by City Council at the request of OWNER, CITY shall expunge this Covenant from the record title of PROPERTY.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