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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