Res P-00-75RESOLUTION NO. P- 00-75
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-16
ASSESSOR'S PARCEL NUMBER 275-461-07
WHEREAS, JM Consulting Group, applicant, is requesting approval for the
construction of a wireless iion facility on a developed lot in the
C Office (CO) zone; and
WHEREAS, on September 19, 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:
: The City Council finds that Conditional Use Permit 00-16 is Categorically
Exempt from the p ' ' :the California E Iai Quality Act (CEQA), pursuant
to Section 15303(d) of CEQA, Class 3 exemption, as it is the location of a small new facility
providing a utility extension to serve the surrounding area.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for CUP 00-16 to add facility on a developed
lot at 15644 Pomerado Road in the CO zone, are made 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 t' , ~ere in the City
in terms of size design and operating characteristics. The design utilizes parking
lot light standards as support which renders them visually unobtrusive.
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's 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 il' I in scale in comparison with
the building, and they will appear to be typical light standards. 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 in an existing parking lot. Therefore, the location, size, design and
operating characteristics of the proposed use will be compatible with, and will not
adversely affect or be materially detrimental to, adjacent uses, residents, buildings,
st :ural
Resolution No. P-00-75
Page 2
Th :1 related equipment will not affect th bulk of the existing
property, orth ;]e. Therefore, the harmony in scale, bulk, coverage and
density is consistent with adjacent uses.
D. There are public facilities,
E. There will not be a harmful effect upon desirable neighborhood ch
Veh is already provided to the site, which presently contains an office
building. 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 circulation element of the General Plan.
The light pole support keeping with the existing parking. 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 upon quality and natural
There are no otb
mitigated.
negative impacts of the proposed use that cannot be
That the impacts, as described above, and the proposed location, size, design, and
operating characteristics of the proposed use and the conditions under which it
would be operated :1 will not be detrimental to the public health, safety
or welfare, ly 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 the Poway Municipal Code.
Section 3: The City Council hereby approves CUP 00-16 to allow a wireless
Iion facility on a developed lot in the CO zone, consisting of four
panel ~lached to the north and south sides of two new parking lot light poles,
along with related ground mounted equipment, as shown on the plans dated June 20,
2000, subject to the following conditions.
Approval of this CUP request shall apply only to the subject project and shall not
31lance with all ;the Zoning Ordinance and all other applicable
City ord' effect at the time of building permit issuance.
Resolution No. P- 00-75
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 Covenant on Real Property.
The operator shall not ~le obstacles to the possible co-location of
otb :ion companies on the site.
The use conditionally granted by this approval shall not be conducted in such a
to interfere with the reasonable use and enjoyment of the surrounding
residential and uses.
Prior
: a Building Permit the applicant shall comply with the following:
The parking lot lighting shall be depicted as meeting the req :ler
Poway Municipal Code, Section 17.10.150.H., to the satisfaction of the
Director of Development Services. A detail of the fixtures depicting the
shielding shall be included in the plans.
The parking lot lighting shall be lowered to not exceed the 18 foot
height limit for light poles on properties of less than 15 acres, as required
under Poway Municipal Code, Section 17.10.150.H.6.
The equipment shall be depicted on the building plans as
constructed of decorative block, to the satisfaction of 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 the areas that the levels produced are projected to be highest. If
th :1 I :1 80% 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 :1 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.
Resolution No. P-00-75
Page 4
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.
Prior to obtaining a final inspection on the building permits, the applicant shall
comply with the following:
The project shall be constructed and completed in accordance with the
approved site plans on file in the Development Services Department and the
conditions contained herein.
Upon establishment of th
the following shall apply:
facility, pursuant to CUP 00-16,
All 1' :1 related equipment, including lighting, shields, cabinets, and
poles, shall be ~ ' :i 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 :Iii' 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 :i the noise
standard ' ' :i in the Poway Municipal Code.
Th
site
3erator 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' :i 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 ' :i with eliminating the interference (including but not limited
to filtering, installing ling directional powering down
systems, and engineering analyses), and all costs arising from third party
claims against the City attributable to the interference.
Resolution No. P-00-75
Page 5
The wireless t 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 electric and 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.2. of this
resolution shall be submitted to the Director of Development Services for
review and approval.
The use of the subject property for the purpose of a cellular site shall expire
upon issuance of any demolition permits for or removal of the related
parking lot. If the applicant desires to obtain approval for use of
any new parking lot and/or building(s) on this site for cellular antennas,
including interim use, a ' ' to this CUP shall be required.
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 :1 during the prior
year.
: Th : th ~all remove all of th
approved pursuant to this permit within 60 days of ceasing operation of th
facility.
:ion equipment
Section 5: The approval of CUP 00-16 shall expire on
unless prior to that time a Building Permit has been issued and construction on the
property in the CUP approval h -I prior to its expiration.
_ Resolution No. P-00-75
Page 6
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 19th day of September 2000.
ATTEST:
Michael P. Cafagnaf
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- 00-75 was duly adopted by the
City Council at a meeting of said City Council held on the 19th day of September 2000, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE