Res P-00-85RESOLUTION NO. P-00-85
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-21
ASSESSOR'S PARCEL NUMBER 278-450-27
WHEREAS, Nextel C
the Public Facilities (PF) zone; and
applicant, is requesting approval for the
facility on the site of an existing public school in
WHEREAS, on October 24, 2000, the City Council held a duly advertised public
headng to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
ion 1: The City Council finds that Conditional Use Permit 00-21 is Categorically
Exempt from the I~ ' ' :the California E 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.
~n 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for CUP 00-21 to add a wireless :ion facility on the site of an existing
public school at 15500 Espola Road in the PF zone, are made as follows:
The proposed use is a public facility, which is allowed in the PF zone with the
approval of a CUP. The facility is typical of wireless :ion facilities
elsewhere in the City in terms of size design and operating ch The
design utilizes a recreational field light standard as a support structure, which
renders th ly unobtrusive. Therefore, the proposed location, size,
design and operating ch I the proposed use is 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.
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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 surrounding school, and they are attached to an existing light standard. The
facility is unmanned and will not create traffic impacts. The facility will not create
noise impacts. Th :ion facility will not affect site development since it
will be located at the existing school. Therefore, the location, size, design, and
operating ch : the proposed use will be compatible with, and will not
adversely affect or be materially detrimental to adjacent uses, residents, buildings,
:ural
Resolution No. P- 00-85
Page 2
Th
property, or th
density'
:1 related equipment will not affect th bulk of the existing
~e. Therefore, the harmony in scale, bulk, coverage, and
: with adjacent uses.
There are public facilities, services, and utilities available.
There will not be a harmful effect upon desirable neighborhood ch
Vehicle access is already provided to the site, which presently contains a high
school. The project will not increase traffic. Therefore, the g = 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 structure is in keeping with the existing field.
Th :lea part of said structure. 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 up quality and natural
Th :h
mitigated.
negative impacts of the proposed use that cannot be
That 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 :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; and
That the proposed conditional use will comply with each of the applicable provisions
of the Poway Municipal Code.
The City Council hereby approves CUP 00-21 to allow a wireless
facility on the site of an existing public school in the PF zone, consisting
of 12 panel .1ached 1 ;~ light pole, along with related ground mounted
equipment, as shown on the plans dated August 31, 2000, subject to the following
conditions.
Approval of this CUP request shall apply only to the subject project and shall not
31lance with all sections of the Zoning Ordinance and all other applicable
City ord rfect at the time of building permit issuance.
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Resolution No. P-00-85
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
.th
31e obstacles to the possible co-location of
3anies on the site,
The use conditionally granted by this approval shall not be conducted in such a
to interfere with th 31e use and enjoyment of th :ling
residential and uses.
The applicant shall obtain a Building Permit pdor to installation of the facility. Prior
~ a Building Permit the applicant shall comply with the following:
The operator shall submit 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 -I 80% of the MPE limits, the applicant shall hire
a qualified electrical engineer licensed by the State of California to measure
exposure levels at the location after the facility is in operation. ^ 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.
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 :1, 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 00-21,
-- Resolution No. P- 00-85
Page 4
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 I ' ' :
dan~ :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 :1 the noise
standard :1 in the Poway Municipal Code.
Th
site I
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 interr :1 by
their facilities with CityIion systems or other public agency
emergency ./stems. The operator shall be responsible for
all labor and equipment costs for determining th ; the intederence,
all ~ 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 1' Iion 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 dens ty for
transmitters or any more restrictive standard subsequently adopted or
promulgated by the City, County, State of California, or the Federal
:. 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
-I approval.
The use of the subject property for the purpose of
facility shall expire upon ' : any demolition permits f
of the related public school facility. In such an event, if the applicant desires
Resolution No. P-00-85
Page 5
to obtain approval for use of any
1' facility, including
to this CUP shall be required.
:l/or building(s) on this site
a
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.
: The owner of the wireless
lion equipment, and associated
within 60 days of ceasing operation of th
Iion facility shall remove all of the
approved pursuant to this permit,
Iion facility.
: The approval of CUP 00-21 shall expire on
unless, prior to that time, a Building Permit has been issued and construction on the
property in the CUP approval h .1 prior to its expiration.
PASSED, APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 24th day of October 2000.
ATTEST:
Michael P. Cafag~
Lori JAnne Peoples, City Clbrk
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
Resolution No. P-00-85
Page 6
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-00-85 was duly adopted by the
City Council at a meeting of said City Council held on the 24th day of October 2000, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
nne Peoples, City Clerk
City of Poway