Res P-00-78RESOLUTION NO. P- 00-78
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-08
ASSESSOR'S PARCEL NUMBER 323-091-01 & 323-491-03
WHEREAS, Conditional Use Permit 00~08 was submitted by JM Consulting for
Sprint PCS, applicant, for the purpose of establishing an unmanned t' :ion
base station consisting of six panel :1 on the Buehler R d a
base I lion south of the lh seven cabinets within a 15 foot by
25 foot fenced area at 14350 Danielson Street within the South Poway Planned
Community (PC) zone. F is also being sought to allow two additional
1' :ion companies to install 1' :ion facilities at the reservoir
subject to meeting conditions of this CUP; and
WHEREAS, on September 26, 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 00-08 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 small equipment cabinets with other minor
equipment placed on an existing water tank.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code for Conditional Use Permit 00-08 to add t ~ion
facility on the Buehler R i 14350 Danielson Street within the South Poway
Planned Community (PC) zone, are made as follows:
The project ' l with the General Plan as it designates this site for public
uses, including t :ion facilities, in the PC zone with the approval of
a Conditional Use Permit. The facility is typical of
facilities elsewhere in the City in terms of size design and operating
characteristics. The design alleviates the need for a stand-alone support
structure, which would be ly obtrusive. Therefore, the proposed
location, size, design and operating characteristics of the proposed use are in
accord 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, size, design, and operating ch = the use will be
compatible with, and will not adversely affect or be materially detrimental to,
Resolution No. P-00-78
Page 2
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
existing water tank, the ground equipment cabinets will b ~ by fencing
with landscaping and painted to match the adjoining water tank. The siting of
:ion facilities within different parts of the City is found to be a
necessary service to th ty. The facility' :1 and will not create
traffic impacts. The facility will not :)acts.
The harmony in scale, bulk, coverage, and density' t with adjacent
uses because the approved fixtures are small and are not readily visible to
adjoining properties.
Th ~)le 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 :1 from th ' :1 are otb : a source
of any disruptive or adverse effects on property :l tenants within the
South Poway Business Park.
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 therefore, frequent
trips to the site will not I: 'y.
Th Iable 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 upon Iai quality and
natural the facility will not create any new development on the
property.
There are no otb
mitigated.
negative impacts of the development that cannot be
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, or materially injurious to properties or improvements in the
vicinity nor be contrary to the adopted General Plan.
The proposed conditional use will comply with each of the applicable
p ' ' : Poway Municipal Code Sec. 17.48.070.
Resolution No. P- 00-78
Page 3
Section 3: The City Council hereby approves CUP 00-08 to all
t :ion facility at the Buehler R 114350 Danielson Street in the PC
zone, consisting of up to six panel-type antennas and seven equipment cabinets
adjacent to the water tank, as shown on the plans dated June 6, 2000, subject to the
following conditions.
Approval of this CUP request shall not 31lance with all sections of the
Zoning Ord' -I all other applicable City ord' 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.
Sprint PCS shall not creat 31e obstacles to the possible co-location of
otb Iion companies on the site.
Any single additional fu! facility proposed by either a second
or third carrier shall be processed :tment 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 to '
following:
Building Permit, the applicant shall comply with the
The building plans shall depict the location of the six proposed antennas
on the water tank wall, such that th y spaced, to the
: 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
cabinets shall be signed off by the Director of Public Services to verify that
the cabinets will not conflict with use of reservoir.
The building plans shall depict the painting of th :l the
screening of the equipment cabinets to match the existing water tank to
the sa1 ! the Director of Development Services.
Resolution No. P-00-78
Page 4
The operator shall submit 3ecifying 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 ~1 80% of the MPE ~imits, the applicant
shall hire a qualified electrical engineer licensed by the State of California
1 ~osure levels at the location after the facility is in operation.
A report of th :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
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 ord' effect at the time of building
permit issuance.
The landscape plans prepared in accordance with the City Landscape
Guidelines and submitted prior to building permit' 3all show a
· ' =six 15-gallon evergreen trees and vines to be installed outside
of the fence (to the south and west of the equipment cabinets) with a Iow-
volume irrigation system to the sat = the Director of Development
Services.
The site plan, as submitted 1' =this CUP application, does not
indicate grading to be performed ' :h the construction of an
equipment shelter and installation of antennas. 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 or
building permit. Contact the Engineering Division of the City's
Development Services Department for grading permit requirements.
Resolution No. P- 00-78
Page 5
The applicant currently h t or agreement from a
publicly -1 street to the project site. Therefore,
easement or agreement shall be obtained and a copy provided to the
Engineering Division of the City's Development Services Department.
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 be constructed and completed in accordance with the
approved site plan and elevations on file in the Development Services
Department and the conditions contained herein.
The evergreen trees and vines shall be installed outside the fence to the
south and west of the equipment cabinets.
The cellular fixtures shall be painted to match the water tank. The
equipment cabinet fencing shall b :1 of vinyl-coated chain link.
Upon establishment of th
00-08, the following shall apply:
:ion facility pursuant to CUP
All facilities and 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 as soon aly possible so as I ' '
: dan§ :iii' blight.
Th
the site t
aerator of the facility shall routinely and regularly inspect
31lance with the standards set forth in this permit.
The operator of the facility shall be strictly liable for interf :t by
their facilities with City :ion sy ' :her 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 powering down systems, and engineering analyses),
and all ' ' 3 from third party claims against the City attributable to
the interference.
Resolution No. P-00-78
Page 6
Th t lion 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 f :1 magnetic field strength and power density for
transmitters or any ' ' :lard subsequently adopted or
promulgated by the City, County, State of California, or the federal
L If there is any change in the lich 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 maintained 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.
Section 4: Th
equipment/imp
operation of the facility.
~ th :ion facility shall remove all of the
~proved, pursuant to this permit, within 60 days of ceasing
Section 5: The approval of CUP 00-08 shall expire on September 26, 2002, at 5:00
p.m. 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-00-78
Page 7
ATTEST:
Peoples, City cler'/~
PASSED, and by the City C
State of California, this 26th day of September 2000.
Michael
)
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-00-78 was duly adopted by
the City Council at a meeting of said City Council held on the 26th day of September
2000, and that it was so adopted by the following vote:
AYES:
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
Peoples, City C~I r~
City of Poway