Res P-00-89RESOLUTION NO. P- 00-89
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CUP 00-20
ASSESSOR'S PARCEL NUMBER 321-191-23
WHEREAS, CUP 00-20 submitted by Nextel Communications, applicant, requests
a Conditional Use Permit to add facility consisting of four panel
antennas mounted on a f50 square foot equipment building. The site is a developed
residential lot in the Rural Residential A zone at 14264 Tierra Bonita Road; and
WHEREAS, on November 14, 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:
Sl n 1: The City Council finds that Conditional Use Permit 00-20 is Categorically
Exempt from the p ' ' :the California E Quality Act, pursuant to Section
15303(d) of CEQA, Class 3, 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 00-20 to add a wireless Iion facility, consisting of four panel
:1 on a 150 square foot equipment building on a developed residential lot
at 14264 Tierra Bonita Road in the RR-A zone, are made as follows:
The location of the :ion facility will not create any significant visual
impacts. The equipment building will I: :1 by the landscaped trellis, and the
existing topography and landscaping. The use is a public facility, which is allowed
in the RR-A zone with the approval of a CUP. Therefore, the proposed location
size, design and operating ch ;the proposed use is in accord with the
title and purpose of this title, the purpose of th lich the site is located, the
City general plan and the development policies and standards of the City.
The facility has been designed to blend in with the existing improvements and
landscaping and will be screened by additional landscaping. The facility is
unmanned. 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
Fo
Go
Resolution No. P- 00-89
Page 2
Since there will be very little visibility of the facility due to th ~1 landscaping
and the location of th the equipment facility, the harmony in scale,
bulk, coverege and density' : with adjacent uses.
There are public facilities,
Jul ~le.
Since there will be very little visibility of the facility, there will not be a harmful effect
upon desirable neighborhood ch
The project will not measurably increase treffic. Therefore, the g ; traffic
will not adversely impact the capacity and physical character of surrounding streets
and/or th ~ of the general plan.
Veh is already provided to the site, which presently contains a single-
family home. The only I be 150 square feet' :1 10 ~ feet high.
Therefore, th 31e for the type and intensity of use or development which
is preposed.
The project is very limited in scope, therefore, there will not be significant harmful
effects up quality and natural
There are no otb
mitigated.
negative impacts of the proposed use that cannot be
Jo
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 opereted :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 00-20 to allow a wireless
Iion facility consisting of four panel antennas mounted on a 150 square foot
equipment building on a developed residential lot at 14264 Tierra Bonita Road in the RR-A
zone, subject to the following conditions.
Approval of this CUP request shall not waive compliance with all sections of the
Zoning Ord :1 all other applicable City ordinances in effect at the time of
building permit issuance.
Resolution No. P-00-89
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 road and understood; and (2) the property
owner shall Covenant on Real Property.
The use conditionally granted by this approval shall not be conducted in such a
to interfero with th ale 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 building plans shall depict the addition of suitable landscaping and
irrigation on the proposed trollis, to the satisfaction of the Diroctor of
Development Services.
The building plans shall depict the trollis with a rounded ~ape,
and the entiro facility painted a dark groen, to the satisfaction of the Director
of Development Services.
The operator shall submit calculations specifying the FCC's Maximum
Possible Exposuro (MPE) levels in inhabited aroas within 500 feet of the
facility in the aroas that the levels produced aro projected to be highest. If
th :l I :l 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 :l 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 proparod the original roport.
In order to assuro the objectivity of the analysis, the City may require, at the
applicant's expense, independent verification of the rosults of the analysis.
=
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, National Electric Code, Uniform Firo Code, and
all other applicable codes and ordinances in effect at the time of building
permit issuance.
Resolution No. P- 00-89
Page 4
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
condir J herein.
2. The required landscaping and irrigation system shall be installed per plan.
Upon establishment of th
the following shall apply:
facility, pursuant to CUP 00-20,
The required landscaping shall b :1 in a flourishing manner to the
satisfaction of the Director of Development Services.
All 1' :1 related equipment, shall b
damage from any cause shall be repaired
so as I ' ' ! dang
-I in good repair. Any
reasonably possible
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 ' ' :1 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.
o
The operator of the facility shall be strictly liable for interl~ :1 by
their facilities with City 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 J 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 I 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
Resolution No. P- 00-89
Page 5
inhabited area that exceeds the FCC's Maximum Permissible Exposure
(MPE) limits for :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 t. If there is any change in the manner in which the facility is
operated or change in the MPE, a report pursuant to Condition D.3. of this
resolution shall be submitted to the Director of Development Services for
review and approval.
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
facility shall remove all of the
approved pursuant to this permit
lion facility.
: The approval of CUP 00-20'shall expire on November 14, 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 :1 prior to its expiration.
ATTEST:
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 14th day of November 2000.
~c ae . Ca agn~/ lyor
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO
Resolution No. P-00-89
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- 00-89 was duly adopted by the
City Council at a meeting of said City Council held on the 14th day of November 2000, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
L~ori ~nn~"~'~ pe o~ples, Ci~~CI~
City of Poway