Res P-00-68RESOLUTION NO. P-00-68
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-14
ASSESSOR'S PARCEL NUMBER 278-450-27
WHEREAS, Gianni and ,~
construction of
the Public Facilities (PF) zone; and
applicant, is requesting approval for the
Iion facility on the Poway Performing Arts Center in
WHEREAS, on August 29, 2000, the City Council held a duly advertised public
headng to solicit 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 00-14 is Categorically
Exempt from the p ' ' :the California E Iai Quality Act (CEQA), pursuant
to Section 15303(d), Class 3 exemption, as it is the location of a small new facility providing
a utility extension to serve the surrounding area.
Se ~ 2: The findings in accordance with Section 17.48.070 of the Poway Municipal
Code for CUP 00-14 to add a wireless facility on the Poway Performing
Arts Center at 15498 Espola Road in the PF :le as follows:
The use is a public facility, which is allowed in the PF zone with the approval of a
CUP. The facility is typical of f .~ere in the City
in terms of size design and operating ch The design alleviates the
need for a stand-alone support structure, which would b ly obtrusive.
Therefore, the proposed location, size, design and operating characteristics of the
proposed J with the title and purpose of this title, the purpose of the
zone in which the site is located, the City General Plan and the development
policies and standards of the City.
The location of the antennas and associated equipment will not create any
significant visual impacts because the it I in scale in comparison with
the building, and they will be painted to match the building. The facility is
unmanned and will not create traffic impacts. The facility will not create noise
impacts. Th facility will not affect site development since it will be
located ".:t building. Therefore, the location, size, design and operating
ch I the proposed use will be compatible with and will not adversely
affect or be materially detrimental to adjacent uses, residents, buildings, structures
or natural
Resolution No. P-00-68
Page 2
C. Th
or th
,l related equipment will not affect th bulk of the building,
.3e. Therefore, the harmony in scale, bulk, coverage and density
with adjacent uses.
D. There are public facilities,
J utilities available.
E. There will not be a harmful effect upon desirable neighborhood characteristics.
Vehicle access is already provided to the site, which presently contains a
th 't hall. The project will not increase traffic. Therefore, the generation
of traffic will not adversely impact the capacity and physical character of surrounding
streets and/or the circular' l of the General Plan.
No new st I be erected to support the Therefore, the site is
suitable for the type and intensity of use or development which is proposed.
The project is very limited in scope; therefore, there will not be significant harmful
effects uF Iai quality and natural
There are no otb
mitigated.
negative impacts of the proposed use that cannot be
The impacts, as described above, and the proposed location, size, design and
operating ch of the proposed use and the conditions under which it
would be operated J will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity nor
be contrary to the adopted General Plan; and
That the proposed conditional use will comply with each of the applicable provisions
of Poway Municipal Code Sec. 17.48.070.
Section 3: The City Council hereby approves CUP 00-14 to allow a wireless
facility at the Poway Performing Arts Center at 15498 Espola Road in the
PF zone, consisting of 10 panel ~tached to the north, south, and east sides of
the building, and related equipment attached to a roof of the building, as shown on the
plans dated June 9, 2000, subject to the following conditions.
Approval of this CUP request shall not waive compliance with all sections of the
Zoning Ord' J all other applicable City ordinances in effect at the time of
building permit issuance.
Resolution No. P- 00-68
Page 3
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
owner shall execute a Covenant on Real Property.
AT&T Wireless Services shall not 31e obstacles to the possible co-
location of otb :ion companies on the site.
Any single additional future proposed facility by a third carder shall
be processed as th :lment to the CUP for approval by the Director of
Development Services. Such a facility shall use wall-mounted panel antennas
complying with the conditions of this approval. Any related equipment facility shall
be located such as t ' ' its visibility f :ling properties. Should the
Director determine that such a future amendment for a iion facility
warrants public review, the project may be referred to the City Council.
Pdorl
:a Building Permit, the applicant shall comply with the following:
The building plans shall depict the relocation of the two proposed antennas
on the easterly wall, such that the five total y spaced, to
the sal' ' ;the Director of Development Services.
The building plans shall depict the relocation of the equipment cabinets to
the east to decrease their visibility, to the satisfaction of the Director of
Development Services.
The building plans shall depict th 3 of the equipment cabinets to
the in a lich is architecturally integrated into the building, to the
sal' ' = the Director of Development Services.
The building plans shall depict the relocation of the proposed replacement
ladder, centered (as neady as possible) on the proposed building wall, to the
sat *' ! the Director of Development Services.
The building plans shall depict the painting and texturizing of the antennas,
the equipment screening, and proposed replacement ladder, to match the
existing building, to the satisfaction of the Director of Development Services.
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.
Resolution No. P- 00-68
Page 4
Prior to obtaining a Final Inspection on the permits, the applicant shall comply with
the following:
The project shall be ' :1, and completed in accordance with the
approved site plan and on file Jn the Development Services
Department and the conditions contained herein.
Upon establishment of th
the following shall apply:
,' facility, pursuantto CUP 00-14,
All 1' :1 related equipment, including lighting, shields, cabinets, and
poles, shall be maintained in good repair, free from trash, debris, litter and
graffiti and other forms of vandalism. Any damage from any cause shall be
repaired reasonably possible so as to ' '
dang :1ii' 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
standards contained in the Poway Municipal Code.
Th
site
~erator of the facility shall routinely and regularly inspect the
31lance with the standards set forth in this permit.
The operator of the facility shall be strictly liable for inted' :1 by
their facilities with City :ion systems or other public agency
emergency :ion systems. The operator shall be responsible for
all labor and equipment costs for determining th :the interference,
all -I 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 t :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 '~ magnetic field strength and power density for
Resolution No. P- 00-68
Page 5
or any more restrictive standard subsequently adopted or
promulgated by the City, County, State of California, or the federal
g l. If thero is any change in the manner in which the facility is
operated or change in the MPE, a report pursuant to Condition G.5. of this
resolution shall be submitted to the Director of Development Services for
review and approval.
S : The approval of CUP 00-14 shall expire on
unless prior to that time a Building Permit has been issued and
property in the CUP approval h :1 prior to its expiration.
on the
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of August 2000.~~r'" '-~'/-
Michael P.
ATTEST:
ne Peoples, C~t~ 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- 00-68 was duly adopted by the
City Council at a meeting of said City Council held on the 29th day of August 2000, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
I~or~Anne Peoples, City Cl~rk
City of Poway