Res P-00-61RESOLUTION NO. P-00-61
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-18
AND MINOR DEVELOPMENT REVIEW 99-133
ASSESSOR'S PARCEL NUMBER 317-153-26
WHEREAS, Conditional Use Permit 00-18 and Minor Development Review 99-133
were submitted by AT&T Wireless Services for the purpose of co-locating 3
consisting of a total of 6 panel :1 radio and power cabinets, and a parapet
screen to the roof of the Retro Sports building located at 12218 Poway Road, in the
Community Business (CB) zone; and
WHEREAS, on August 15, 2000, 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, the City Council does hereby
follows:
Section 1: The City Council finds that Conditional Use Permit 00-18 and Minor
Development Review 99-133 are Categorically Exempt from the p ' ' :the California
E Quality Act, pursuant to Section 15303(d) of CEQA, Class 3, as they are
for the location of a small new facility providing a utility extension to serve th :ling
area.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for Conditional Use Permit 00-18 to add facility on the roof
of an existing building at 12218 Poway Road in the Community B are made
as follows:
The proposed project' !with the General Plan and the purpose of the CB
zone in that the use is a public facility which is allowed in the CB zone with the
approval of a conditional use permit.
The location, size, design, and operating characteristics of the use will be
compatible with and will not adversely affect or be materially detrimental to, adjacent
uses, buildings, or natural as the project is designed to
conceal the equipment and provide adequate screening of the existing and
proposed antennas such that it appears to be a part of the existing
building, textured and painted to match.
The harmony in scale, bulk, coverage, and density : with adjacent uses
because the approved fixtures are small and are not readily visible to adjoining
properties.
Resolution No. P-00-61
Page 2
Th 31e public facilities, services, and utilities because the use will be
located in a development where all necessary facilil' :ly in place.
There will not be a harmful effect upon desirable neighborhood characteristics as
the fixtures will b J from th ' :1 are otherwise not ~ any
disruptive or adverse effects on neighbors.
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The g : traffic will not adversely impact the surrounding :l/or the
City's Transportation Element as the use will operate, for the most part, from a
remote facility and will require only minimal therefore, frequent trips
to the site will not b 3/.
Th ale for the type and intensity of the use in that it' :ljoining
a major arterial roadway and installed within an existing use.
H=
There will be no significant harmful effects upon Iai quality and natural
as the facility will not create any new development on the property.
I. There are no oth
mitigated.
negative impacts of the development that cannot be
Section 3: The finding Jance with Section 17.52 of the Poway Municipal Code
for Minor Development Review 99-133 to add facility on the roof
of an existing building at 12218 Poway Road, are made as follows:
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The approved project is consistent with the General Plan, as public facilities are
permitted within the Community Business land use designation with benefit of a
conditional use permit.
The approved project will not have an adverse aesthetic, health, safety, or
amhitecturally related impact upon adjoining properties, as the design of the fixtures
will be compatible with buildings in the vicinity.
The approved project encourages the orderly and h appearance of
and property within the City, as the use is consistent with the general
design standards in the neighborhood.
Section 4: Conditional Use Permit 00-18 and Minor Development Review 99-133, to add
facility on the roof of an existing building at 12218 Poway Road
consisting of a total of 6 panel related radio and power cabinets, and a 4¼-foot
tall parapet screen, in the Community Business (CB) zone as shown on the plan dated
June 16, 2000, are hereby approved, subject to the following conditions:
Resolution No. P-00-61
Page 3
Prior to building permit issuance, the applicant shall comply with the following:
1,
Within 30 days of approval, the applicant shall submit in writing that all
conditions of approval have been road and understood
Within 30 days of approval, the property owner shall execute a Covenant on
Real Property.
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 the
surrounding residential and uses.
The structural lall depict the use of matching exterior and color
on the raised parapet located along the perimeter of the roof, to the
sat I the Director of Development Services.
=
The submitted drawings shall be the same with the approved plans on file
with the Development Services approved CUP 00-18 and MDRA 99-133
plans.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, National Electric Code, Uniform Fire Code, and
all other applicable codes and ordinances in effect at the time of building
permit issuance.
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
th :11 -180% of the MPE limits, the applicant shall hire
a qualified electrical engineer licensed by the State of California 1
exposure levels at the location after the facility is in operation. A report of
th :t the engineer's findings with rospect to compliance
with MPE limits shall be submitted to the Director of Development Services.
The facility shall not 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 roquire, at the
applicant's expense, independent verification of the results of the analysis.
=
The building plans shall depict the parapet as 4~ feet high and
height of the proposed 6 7 feet high.
Resolution No. P-O0-61
Page 4
P
~lishment of the use the app
The applicant shall comply with the Poway Municipal Code and the latest
adopted Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code, and all other
applicable codes and ordinances.
All conditions of approval contained herein shall be completed to the
: the Director of Development Services.
The applicant shall occupy minimal roof space so that other sites can co-
locate at the same location with a minor review to the satisfaction of the
Director of Development Services.
The parapet and trim shall be painted and textured to match the building and
the exposed ~all 3ite neutral color so that visibility of the
I not be visible from Poway Road.
Upon establishment of th
the applicant shall comply with the following:
facility, pursuant to CUP 00-18,
The use of the subject property for the purpose of a cellular site shall expire
upon issuance of any demolition permits or removal of the subject
building. If the applicant desires to obtain approval for use of the
new building(s) on this site for cellular including interim use, a
· ' to this CUP shall be required.
All 1' :1 related equipment, including the parapet shall be
:1 in good repair. Any damage from any cause shall be repaired as
soon as reasonably possible so as to minimize of dangerous
condil' blight.
The facility shall be operated in such a manner 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 :1 the noise
standard ~ in the Poway Municipal Code.
Th ~erator of the facility shall routinely and regularly inspect the
site 1 31lance with the standards set forth in this permit.
Resolution No. P~0-61
Page 5
The operator of the facility shall be strictly liable for inted' by
their facilities with City ~ion systems or other public agency
emergency Iion systems. The operator shall be responsible for
all labor and equipment costs for determining th : the interference,
all ' J with eliminating the interference (including but not limited
to filtering, installing cavities, installing directional powering down
systems, and engineering analyses), and all costs arising from third party
claims against the City attributable to the interference.
The wireless I ~,ion 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 exceeds the FCC's Maximum Permissible Exposure
(MPE) limits for :1 magnetic field strength and power density for
transmitters or any more restrictive standard subsequently adopted or
promulgated by the City, County, State of California, or the federal
§ I. If there is any change in the manner in which the facility is
operated or change in the MPE, a report pursuant to Condition E.5 of this
resolution shall be submitted to the Director of Development Services for
review and approval.
No permanent sign shall be allowed in the raised 4~ foot high parapet and
any future sign shall comply with the currently adopted Comprehensive Sign
Program unless the comprehensive sign program has been modified and
approved by the City Council to allow signage in the raised parapet area.
This Conditional Use Permit may be subject to annual review as determined
by the Director of Development Services for compliance with the conditions
of approval and to add that may h J during the prior
year.
Section 5: TI: :th 3all remove all of th ~ 3proved pursuant
to this permit within 60 days of ceasing operation of th ~s).
Section 6: The approval of CUP 00-18 and MDRA 99-133 shall expire on August 15, 2002,
at 5:00 p.m. unless prior to that time a building permit has been issued and
on the property in the project approval h -I prior to its expiration.
Resolution No. P-00-61
Page 6
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, at a reg ~ this 15th day of August, 2000.
ATTEST:
nne
Peoples, C
~em
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- 00-6:1 , was duly adopted by the
City Council at a meeting of said City Council held on the 15th day of August, 2000, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT:
CAFAGNA, HIGGINSON
£onlAnne Peoples, City Clerk
City of Poway