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r w: t'roperty Ltne - Little Ivey League School Subject: FW: Property Line ~ Little Ivey League School From: "Zheng, Jennifer (LFS]" dZheng@i[s.jnj.com> Date: Tue, 14 Oct 2008 22:07:27 -0700 To: <james @hacienda.org> Hi James, Here is the docment that Peter sent to Jenny Sao. Jennifer ----Original Message----- From: Peter MacDonald [mailto:pmacdonald@macdonaldlaw.net] Sent: Tuesday, October 14, 2008 10:44 AM To: Jenny Soo Cc: Jennifer Zheng; Zheng, Jennifer [LF87; pmacdonald@macdonaldlaw,net Subject: Property Line -Little Ivey League School Good morning Jenny, Jennifer Zheng from the Little Ivey League (LIL) School asked me to explain where the property line is for a condominium unit. The condominium unit within which LIL School will lease space is 307 feet from an existing personal service wireless facility owned by Verizon, and the applicable City ordinance has a limitation on the installation of a new personal wireless service facility closer than 300 feet from a private school. The proposed location of the LIL School is 5925 West Lost Positas, in conjunction with the Korean Presbyterian Church on that property. I attach the FastWeb report from First Amercan Title which identifies the property (APN 941-2760-027) as a commercial condominium. The other half of the building (APN 941-2760-026) is separately owned by Clair A. and G. D. Robison, acid leased to a company called Direct Buy, Inc.. The APN Map of the area is also attached. A condominium creates a separate property ownership in airspace. Civil Code Section 783 defines a condominium as "an estate in real property described in subdivision (f) of Section 1351". Civil Code Section 1351 (f) states "A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof" The Subdivision Map Act at Govt. Code Section 66424 states ""Subdivision' includes a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code, ..." A condominium unit is separately owned and may be separately financed. Finance Code Section 1239. The nature of the condominium unit owner's interest in the common area is as a non exclusive easement for ingress, egress, and support through the common areas. The easements are appurtenant to each unit and a burden on the common area as servient tenement. Civil Code Section 1361. In this case, the property line is at the building wall, consistent with the purposes of the City's Personal Wireless Service Facilities Ordinance at P.M.C. Section 18.110.010 et seq. In this case, the only applicable purposes (from Section 18.110.010) would be to "protect and promote public safety and community welfare" Given that the Verizon personal wireless service facility and the condominium unit already exist, the aesthetic and property value purposes have no application. The theory is that a 300 foot buffer is necessary to protect children and other sensitive receptors from the impacts of Radio Frequency (RF) Emissions. From the Local Official's Guide to Transmitting Antennae RF Emission Safety, the 300 foot of 2