Item 2 - CUP 96-09M; Meridian Telecom Inc.AGENDA REPORT SUMMARY of
TO: Honorable Mayor and Members of the City Council TyF °m IN THE =pO
FROM: James L. Bowersox, City Mana
INITIATED BY: Niall Fritz, Director of Development Services/
DATE: May 31, 2005
SUBJECT: Conditional Use Permit (CUP) 96 -09M, Meridian Telecom, Inc.
for Verizon , Applicant. APN: 314 - 371 -21
ABSTRACT
An update to the previously approved Conditional Use Permit for an existing telecommunications
facility on the Pomerado water tank located at 12700 Sagecrest Drive, in the Planned Community
(PC) zone. The update would add conditions of approval to the project, which are currently required
for new installations. The proposed telecommunications facility will comply with Federal
Communications Commission design and operational standards.
ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the
California Environmental Quality Act (CEQA), pursuant to Section 15301 of the CEQA Guidelines,
in that the project consists of the operation of an existing telecommunications facility and involves
negligible or no expansion of an existing use.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A public notice was published in the Poway News Chieftain and mailed to 13 individuals who were
either property owners within 500 feet of the project site or interested parties.
RECOMMENDATION
It is recommended that the City Council approve Conditional Use Permit 96 -09M, subject to the
conditions in the attached proposed Resolution.
ACTION
L-
MAp1anningk05report\cup\96-09M Verizon Sagecresftum.doc
1 of 18 May 31, 2005 Item # 2.
CITY OF P O WAY
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manac
INITIATED BY: Niall Fritz, Director of Development Services
Patti Brindle, City Planner P-1'
Lisa Mercurio, Assistant Plannere�L.
DATE: May 31, 2005
SUBJECT: Conditional Use Permit (CUP) 96 -09M, Meridian Telecom (for
Verizon), Applicant: An update to the conditions of approval for an
existing telecommunications facility located on the Pomerado water
tank at 12700 Sagecrest Drive, in the Planned Community (PC) zone.
The update would add conditions of approval to the project, which are
currently required for new installations.
APN: 314 - 371 -21
BACKGROUND
This application is being submitted to update the conditions of approval of a previously
approved Conditional Use Permit for an existing telecommunications facility. The
conditions to be updated include provisions for annual review, MPE Reports, and
interference liabilities. The facility is located on the Pomerado water tank, which is located
at 12700 Sagecrest Drive, east of Pomerado Road and north of Twin Peaks Road. In
April 1997, CUP 96 -09 was approved by the City Council to allow the establishment of Air
Touch antennas at this site. That facility was approved for up to 10 panel antennas and an
equipment enclosure. The existing facility consists of eight panel antennas and one
parabolic dish antenna, mounted on the exterior of the reservoir, and a 12 -foot by 34 -foot
equipment enclosure. No changes to the existing antennas or equipment are proposed.
The City recently negotiated a new lease for the continued use of the site. During this
review for the telecommunications facility it was determined that the conditions of the CUP
also needed to be updated to reflect current standards; therefore, this application is being
brought before the City Council. The subject site, and surrounding zoning, is depicted on
the map included as Attachment B. Several other nearby locations have been approved for
Verizon telecommunications installations; these recent approvals included CUP 04 -04 at
2 of 18 May 31, 2005 Item # 1
Agenda Report
May 31, 2005
Page 2
12318 Ninth Street, CUP 00 -21 at 15500 Espola Road, and CUP 00 -07 at 16275
Pomerado Road.
Section 17.10.060 of the Poway Municipal Code makes a provision whereby the City
Council can approve public facilities in the PC zone with a CUP, subject to the required
findings specified in Section 17.48.070 of the Poway Municipal Code.
It is the policy of the Poway City Council that new telecommunications facilities, whenever
possible, be integrated into existing structures (i.e.; buildings, parking lot lighting fixtures,
utility poles, water tanks, etc.). The eight antennas and one parabolic dish antenna are
mounted on the exterior of the reservoir, facing the north, west and southwest. The
equipment is located outside of the water tank fencing, and is enclosed with an 8 -foot high
split face block wall on three sides, with a chain link front, facing the other equipment
enclosure for Sprint. The enclosure is 12 -feet wide by 34 -feet long, in the equipment lease
area (Attachments D and E). The antennas mounted on the water tank have been painted
to match the tank. The City has not received any complaints about the operation of the
facility since it was established. In addition to the Verizon antennas and equipment, Sprint
has six ground mounted Base Transceiver Station (BTS) units within a 36'8" x 20'
equipment cabinet, six 7'6" facade - mounted panel antennas, and a facade - mounted Global
Positioning System (GPS) and related supporting equipment.
FINDINGS
This application was submitted to update the conditions of approval for the existing
telecommunications facility for Verizon on the Pomerado water tank, and no changes are
proposed for the use. The conditions to be updated include provisions for annual review,
MPE Reports, interference liabilities and requirement to remove equipment upon ceasing
operation. Since the facility already exists and no complaints have been received, there
are no issues with the existing use.
The reservoir is elevated above the adjacent residences to the west and east, with the base
of the reservoir being approximately 22 feet higher than the elevation of the house.
The existing residence to the southwest is at an elevation of 740 feet, and is over 150 feet
away from the antennas and below the direction of the antenna transmission beam.
Since the reservoir is 40 feet in height and the middle of the antennas will be at 25 feet
above grade, there is no issue with the antenna transmission beam. A reduced set of
project plans is included with this report as Attachments C, D and E.
The existing antennas are on the side of the water tank. The existing antennas utilize
directional transmit panel antennas, which means the antenna radio frequencies are
projected in the directions the antennas are pointed. These panel antennas project the
signal away from the antenna in a specific beam angle. There will be no exposure issues
for residents since the radio frequencies from the antennas fall off quickly and the
frequencies are close to zero at the surrounding use. A person would have to stand
3 of 18 May 31, 2005 Item # I
Agenda Report
May 31, 2005
Page 3
directly in front of the transmitting antenna, at a height of 10 feet above ground, 1.1 foot or
less from the front of the antenna, in order to be exposed to any measurable levels.
No radio frequencies project to the rear or the side of the antennas. The antenna radio
frequencies do not project into the existing nearby houses.
The existing telecommunications facility is required to comply with the Federal
Communications Commission (FCC) maximum permissible exposure limits. The FCC
maximum allowable exposures are not set at a threshold between safety and known
hazard, but rather at 50 times below a level that the majority of the scientific community
believes may pose a health risk to human populations. A sign conforming with ANSI
C95.2, color, symbol, and content shall be placed close to the antennas with appropriate
contact information in order to alert maintenance or otherworkers approaching the antenna
to the presence of RF transmissions and to take precautions to avoid exposure in excess of
FCC limits. If there is a change in the conditions under which the antennas will operate or
a change in the standards, a condition contained in the proposed Resolution would require
the operator to submit a report to the satisfaction of the Director of Development Services
to verify that the antennas comply with the latest requirements.
The proposed Resolution also would require the operator, should the facility no longer be
necessary, to remove all of the equipment within 60 days of ceasing operations.
The existing project is consistent with City Council policy direction in that
telecommunications facilities are to be screened from view. The project complies with all
other City development standards.
ENVIRONMENTAL REVIEW
The proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the
California Environmental Quality Act (CEQA), pursuant to Section 15301 of the CEQA
Guidelines, in that the project consists of the operation of an existing telecommunications
facility and involves negligible or no expansion of an existing use.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A public notice was published in the Poway News Chieftain and mailed to 13 individuals,
who were either property owners within 500 feet of the project site or interested parties.
4 of 18 May 31, 2005 Item # _:I,_
Agenda Report
May 31, 2005
Page 4
RECOMMENDATION
It is recommended that the City Council approve Conditional Use Permit 96 -09M, subject to
the conditions in the attached proposed Resolution.
Attachments:
A. Proposed Resolution
B. Zoning Map
C. Site Plan
D. Enlarged Site /Equipment Plan
E. Elevations
M Aplanning \05report\cup \96 -09M Verizon Sagecrest\agnrpt.doc
5 of 18 May 31, 2005 Item # _2,__
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 96 -09M
ASSESSOR'S PARCEL NUMBER 314 - 371 -21
WHEREAS, Conditional Use Permit (CUP) 96 -09M was submitted by Meridian
Telecom (for Verizon), Applicant, as an update to the previously approved Conditional
Use Permit for an existing telecommunications facility on the Pomerado water tank
located at 12700 Sagecrest Drive, in the Planned Community (PC) zone. The update
would add conditions of approval to the project, which are currently required for new
telecommunications installations; and
WHEREAS, the existing telecommunications facility consists of eight panel
antennas mounted on the water tank and associated equipment in an enclosure; and
WHEREAS, on May 31, 2005, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 1 Categorical
Exemption from the California Environmental Quality Act (CEQA), pursuant to Section
15301 of the CEQA Guidelines, in that the project consists of the operation of an
existing telecommunications facility and involves negligible or no expansion of an
existing use.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code, for CUP 96 -09M to update the existing CUP application and conditions
of approval for an existing telecommunications facility on the Pomerado water tank,
located at 12700 Sagecrest Drive, in the Planned Community (PC) zone, are made as
follows:
A. The existing location, size, design, and operating characteristics of the existing
telecommunications facility are in accord with the title and purpose of Chapter
17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the
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 existing
telecommunications facility is compatible with and will not adversely affect or
be materially detrimental to adjacent uses, residents, buildings, structures, or
6 of 18 ATTACHMENT A May 31, 2006 Item # 7.
Resolution No. P-
Page 2
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 are
located on exterior of the water tank and will not be readily visible to the public.
The equipment is located inside of an equipment enclosure. 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 existing telecommunications facility is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the
existing facility is located on an existing reservoir and does not exceed the height
of the reservoir. The equipment enclosure is located adjacent to the reservoir
fencing.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the existing telecommunications facility.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the existing telecommunications 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 existing 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, in that the
existing 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 existing telecommunications facility is located on a
developed property and does not involve the removal of natural habitat
resources.
There are no relevant negative impacts associated with the existing
telecommunications facility that cannot be mitigated in that the facility will comply
with FCC design and operational standards.
J. That the potential impacts, and the existing location, size, design, and operating
characteristics of the telecommunications 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.
7 of 18 May 31, 2005 Item # 2,
Resolution No. P-
Page 3
K. The existing telecommunications 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 96 -09M, an update to the
previously approved Conditional Use Permit for an existing telecommunications facility
on the Pomerado water tank, at 12700 Sagecrest Drive, by modifying the conditions of
approval as shown on the plans dated March 10, 2005, 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.
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 96 -09M shall remain in effect for the life of the subject
wireless telecommunications facility, and shall run with the land and be binding
upon future owners, successors, heirs, and transferees of the current property
owner.
E. CUP 96 -09M may be subject to annual review, including any necessary fees, 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. Applicant shall comply with all terms of the Letter of Agreement with the City of
Poway dated March 14, 2005, and all subsequent extensions thereof.
G. The applicant shall obtain a Building Permit prior to installation of any new facility
or change in equipment or change in antenna. 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 Building Permit issuance.
8 of 18 May 31, 2006 Item # 2,
Resolution No. P-
Page 4
2. The site shall be developed in accordance with the approved plan on file
in the Development Services Department (dated March 10, 2005) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
(Engineering)
3. A Right -of -Way Permit shall be obtained from the Engineering Division of
the City's Development Services Department, prior to performing any work
within public street right -of -way or any City -held easements.
4. For access to and from the project site, if other than through public streets
or roads, the applicant is solely responsible for acquisition of access /road
easements or agreements.
(Planning)
5. 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, including any cumulative impacts of surrounding
telecommunications facilities. 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.
(Public Works)
6. Install a Myers Power Pedestal in a location specified by the Public Works
Department.
7. Paving shall be installed from the entrance to the water tank and around
the access way of the tank, per requirement of Public Works Program
Coordinator or the Public Works Department
H. The applicant shall comply with the following fire safety requirements to the
satisfaction of the Fire Marshal:
1. Provide at least one fire extinguisher with a minimum rating of 3AA0BC.
9 of 18 May 31, 2005 Item # �_
Resolution No. P-
Page 5
Upon establishment of the wireless telecommunications facility, pursuant to
CUP 96 -09M, 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. to 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.
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. Any service light shall only be operated when maintenance is occurring on
the equipment. Service light shall be adequately shielded and directed
downward to prevent light spillage on adjacent residential uses or
roadways.
5. The operator of the facility shall be strictly liable for interference caused by
their facility with City telecommunications systems or other public agency
emergency communication systems. The operator shall stop operations
of the cell site and determine the cause 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.
6. 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, 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.4 of this
Resolution shall be submitted to the Director of Development Services for
10 of 18 May 31, 2005 Item # _�
Resolution No. P-
Page 6
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 telecommunications facility shall remove all of
the communication equipment, and associated structures, approved pursuant to this
permit within 60 days of ceasing operation of the telecommunications facility.
Section 5: The approval of CUP 96 -09M shall expire on May 31, 2007, 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 31st day of May 2005.
Michael P. Cafagna, Mayor
ATTEST:
L. Diane Shea, City Clerk
11 of 18 May 31, 2005 Item # �_
Resolution No. P-
Page 7
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. , was duly adopted by
the City Council at a meeting of said City Council held on the 31st day of May 2005, and
that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED
L. Diane Shea, City Clerk
City of Poway
MAp1anning \05report\cup \96 -09M Verizon Sagecrest \reso.doc
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