Res P-00-72RESOLUTION NO. P- 00-72
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 99-19
ASSESSOR'S PARCEL NUMBER 277-171-02
WHEREAS, Conditional Use Permit 99-19 was submitted by JM Consulting for
AirTouch Cellular for the purpose of establishing an unmanned t Iion
facility with up to 12 panel-typ and a 48-square-foot equipment cabinet
adjacent to the water tank, 17301 Butterfield Trail, with access from Old Coach Road,
just north of Espola Road, within the Old Coach Golf Estates Planned Community (PC)
zone. P is also being sought to allow two additional t Iion
companies to install 1 facilities at th Dject to meeting
conditions of this CUP; and
WHEREAS, on September 12, 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: Conditional Use Permit 99-19 is hereby found to be categorically exempt
from the California E Quality Act pursuant to Section 15303 (Class 3)
because the project involves placement of a small equipment cabinet with other minor
equipment placed on an existing water tank.
on 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code for Conditional Use Permit 99-19, to add t :ion
facility on the Boca Raton R 117301 Butterfield Trail in the PC zone, are made
as follows:
The project ' l with the General Plan as it designates this site for
public uses, including 1' :ion facilities, in the PC zone with the
approval of a conditional use permit. The facility is typical of wireless
Iion facilities elsewhere in the City in terms of size design and
operating ch The design alleviates the need for a stand-alone
support structure, which would I; ly obtrusive. Therefore, the
proposed location, size, design and operating characteristics of the proposed
accord 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, size, design, and operating ch ' ~' : the use will be
compatible with and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, structures, or natural as the project is
designed to conceal the equipment such that it appears to be a part of the
Resolution No. P-00-72
Page 2
existing water tank, the ground equipment cabinet will b :1 by a six foot
high, vinyl-coated chain link fence with landscaping, painted to match the
adjoining water tank and screened with landscaping. The siting of
facilities within residential neighborhoods is found to be a
necessary service to th :y. The facility' :1 and will not create
traffic impacts. The facility will not create noise impacts.
The harmony in scale, bulk, coverage, and density' l with adjacent
uses because the approved f I and are not readily visible to
adjoining properties.
There 31e public facilities, services, and utilities because the use will
be located in a development where all necessary facilit' :ly in place.
There will not be a harmful effect upon desirable neighborhood characteristics
as the fixtures will b :t from th ' ~ are otherwise not a source
of any disruptive or adverse effects on neighbors.
The generation of traffic will not adversely impact the surrounding streets and/or
the City's Transportation Element as the use will operate for the most part from a
remote facility and will require only minimal maintenance; therefore, frequent
trips to the site will not b 'y.
The site is suitable for the type and intensity of the use in that it is an area close
to a major arterial roadway and installed within an existing public use.
There will be no significant harmful effects ul~ quality and
natural the facility will not create any new development on the
property.
Th :h
mitigated.
: negative impacts of the development that cannot be
The impacts, as described above, and the proposed location, size, design and
operating ch " ~ the proposed use and the conditions under which it
would be operated :1 will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or imp the
vicinity nor be contrary to the adopted General Plan.
The proposed conditional use will comply with each of the applicable provisions
of Poway Municipal Code Sec. 17.48.070.
Resolution No. P- 00-72
Page 3
~ The City Council hereby approves CUP 99-19 to all'
t :ion facility at the Boca Raton R 117301 Butterfield Trail in the
PC zone, consisting of up to 12 panel-typ and a four-foot by ten-foot
equipment cabinet adjacent to th ~ as shown on the plans dated December
21, 1999, subject to the following conditions.
Approval of this CUP request shall 31lance with all sections of the
Zoning Ord' :l all other applicable City ordinances in effect at the time of
building permit issuance.
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 applicant shall execute a Covenant on Real Property.
AirTouch shall not 31e obstacles to the possible co-location of
otb Iion companies on the site.
Any single additional future Iion facility proposed by a second and
third carrier shall be processed as th :lment to the CUP for approval
by the Director of Development Services. Such a facility shall use panel
antennas that can be mounted to the water tank and that comply 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 lion facility warrants
public review, the project may be referred to the City Council.
Prior t
following:
Building Permit, the applicant shall comply with the
The building plans shall depict the location of the 12 proposed antennas
on the water tank wall, such that the ant y spaced, to the
sar ~ : the Director of Development Services.
The building plans shall depict the location of the equipment cabinet, as
shown on the site plan, to decrease its visibility to the satisfaction of the
Director of Development Services. The precise location of the equipment
cabinet shall be signed off by the Director of Public Services to verify that
the cabinet will not conflict with an additional reservoir that may be
constructed.
The building plans shall depict th ~ of the equipment
cabinet in a 3ich is architecturally integrated into the
water tank site, to the sal' ' f the Director of Development
Services.
Resolution No. P-00-72
Page 4
The air conditioning (NC) unit be placed on the northeasterly end
of the radio cabinet.
The building plans shall depict the painting of th :1 the
equipment cabinet screening to match the existing water tank to the
sat " ! the Director of Development Services.
The operator shall submit calculations specifying the FCC's Maximum
Possible Exposure (MPE) levels in inhabited areas within 500 feet of the
facility in th ~ere the levels produced are projected to be highest.
If th :ed I ~l 80% of the MPE limits, the applicant
shall hire a qualified electrical engineer licensed by the State of California
to 9osure levels at the location after the facility is in operation.
A report of these :s 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 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.
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.
Revised plans shall show required landscaping.
The site plan, as submitted t' this CUP application, does not
indicate grading to be performed in :h the construction of an
equipment shelter and installation of Therefore, a certification
letter, issued by a California registered Civil Engineer, shall be submitted
to the Engineering Division of the City's Development Services
Department certifying that no grading work which would involve
I of more than fifty cubic yards of fill :ion shall be
performed to complete the project. Further, depth of fill shall be limited to
less than one foot and excavation depth limited to less than two feet.
If grading of more than fifty cubic yards, or fill depth exceeds one foot, or
excavation depth of greater than two feet is anticipated, then a grading
permit shall first be obtained from the City prior to grading operation.
Contact the Engineering Division of the City's Development Services
Department for grading permit requirements.
Resolution No. P-00-72
Page 5
The applicant currently has I or agreement from a
publicly maintained street to the project site. Therefore, an access
easement or agreement shall be obtained and a copy provided to the
Engineering Division of the City's Development Services Department.
10.
A right-of-way permit shall be obtained from the City for any work to be
done within a public street right-of-way or any City-held easement.
Prior to obtaining a Final Inspection on the permits, the applicant shall comply
with the following:
The project shall b ~ J and completed in accordance with the
approved site plan and elevations on file in the Development Services
Depar[ment and the conditions contained herein.
The building plans shall depict that a ' ' : six oleanders (5 gallon
size) be installed to the south and east of the equipment cabinet with a
I irrigation system to the sat ~ the Director of
Development Services.
The cellular fixtures shall be painted to match the water tank. The
equipment cabinet ~ail I: :1 of vinyl-coated chain
link fence with landscal;
Upon establishment of th
99-19, the following shall apply:
:ion facility, pursuant to CUP
All facilities and related equipment, including lighting, shields, cabinets,
and poles, shall be :1 in good repair, free from trash, debris, litter
and graffiti and other forms of vandalism. Any damage from any cause
shall be repaired 31y possible so as t ' '
: dang :Iii' blight.
The facility shall be operated in such to ' ' y possible
disruption caused by noise. Backup g ~all 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
:lards contained in the Poway Municipal Code.
Tt~ 3erator of the facility shall routinely and regularly inspect
the site 1 31iance with the standards set forth in this permit.
Resolution No. P- 00-72
Page 6
The operator of the facility shall be strictly liable for inteK :1 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 . ~1 with eliminating the interference
(including, but not limited to, filtering, installing cavities, installing
directional antennas, powering down systems, and engineering analyses),
and all ' ' g from third party claims against the City attributable to
the interference.
Th 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 1! ' ' :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
g I. If there is any change in th ~ich the facility is
operated or change in the MPE, a report pursuant to Condition E.7. of this
resolution shall be submitted to the Director of Development Services for
review and approval.
All landscaped areas shall be ' ' :1 in a healthy and thriving
condition, free from weeds, trash, and debris. The trees shall be
encouraged and allowed to retain a natural form. Pruning shall be
restricted to maintain the health of the trees and to protect the public
safety. Unnatural pruning, including topping, is not
permitted.
The use of the subject property for the purpose of a cellular site shall run
with the land so long as the applicant has a valid lease agreement with
the City.
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 have
occurred during the prior year.
S 4: Th : th :ion facility shall remove all of the
equipment/improvements approved, pursuant to this permit, within 60 days of ceasing
operation of the facility.
Resolution No. P- 00-72
Page 7
Section 5: The approval of CUP 99-19 shall expire on September 12, 2002, at 5:00
p.m. unless prior to that time a Building Permit has been issued and on the
property in the CUP approval h -t prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 12th day of September 2000.
ATTEST:
nne Peoples, City Cl~rk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
)SS.
)
M~yor
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- 00-72 was duly adopted by
the City Council at a meeting of said City Council held on the 12th day of September
2000, and that it was so adopted by the following vote:
AYES: ENERY, 60LDBY, REXFORD, 6AFAGANA
NOES: NONE
ABSTAIN: NONE
ABSENT:
HIGGINSON
Lori Anne Peoples, City Clerk
(~t?Ao; Poway