Res P-00-92RESOLUTION NO. P- 00-92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-22
ASSESSOR'S PARCEL NUMBER 323-090-53
WHEREAS, Conditional Use Permit 00-22 was submitted by Nextel
C Iions, applicant, for the purpose 1 :, operate and maintain an
unmanned Enhanced Specialized Mobile Radio (ESMR) 1 lions facility
with a 200 square foot equipment building and 8 panel antennas (one foot wide by four
feet in height) attached to the Welton Reservoir, 12701 Welton Lane within the RR-C
zone; and
WHEREAS, on November 28, 2000, the City Council held a duly advertised
public hearing to solicit ~ from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: Conditional Use Permit 00-22 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 a small equipment building with other minor
equipment placed ' .~ water tank providing a utility extension to serve the
surrounding area.
The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code for Conditional Use Permit 00-22 to add ! Iion
facility on the Welton R 112701 Welton Lane within the Rural Residential C
zone, are made as follows:
The project' l with the General Plan as it designates this site for public
uses, including ~ Iion facilities, in the RR-C zone with the approval
of a Conditional Use Permit. The facility is typical of :ion
facilities elsewhere in the City in terms of size design and operating
ch The design alleviates the need for a stand-alone support
structure, which would b ly obtrusive. Therefore, the proposed
location, size, design and operating ch ;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.
Bo
The location, size, design, and operating ch ! the use will be
compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, or natural as the project is
designed to conceal the equipment such that it appears to be a part of the
Eo
Jo
Resolution No. P-00-92
Page 2
existing water tank, the equipment building will h :1 by fencing with
existing landscaping and painted to match the adjoining water tank. The siting of
Iion facilities within different parts of the City is found to be a
necessary service to th ~y. The facility ' :1 and will not create
traffic impacts to Welton Lane. The facility will not creal 3acts.
The harmony in scale, bulk, coverage, and density' I with adjacent
uses because the approved flxl I and are not readily visible to
adjoining properties.
Th 31e public facilities, :1 utilities because the use will
be located in a development where all necessary facilir :ly in place.
There will not be a harmful effect upon desirable neighborhood characteristics
as the fixtures will I; :1 from th ' :1 are otb : a source
of any disruptive or adverse effects on property ~1 tenants within the
South Poway Business Park and Welton Lane neighborhood.
The § ~ 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 b ry.
The site is suitable for the type and intensity of the use in that it'
rterial roadway and installed with' ' ~ public use.
There will be no significant harmful effects up quality and
natural the facility will not create any new development on the
property.
Th :h
mitigated.
: negative impacts of the development that cannot be
The impacts, as described above, and the proposed location, size, design and
operating ch !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 imp 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- 00-92
Page 3
The City Council hereby approves CUP 00-22 to all
l: lion facility at the Welton R' 112701 Welton Lane in the RR-C
zone, consisting of up to eight panel-tyl: ~tached to the water tank and a
200 square foot equipment building adjacent to the water tank, as shown on the plans
dated September 5, 2000, subject to the following conditions.
A. Approval of this CUP shall not 31lance with all :the Zoning
Ord' :l all other applicable City ord' : 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.
C. Nextel C lall not
co-location of oth
31e obstacles to the possible
3anies on the site.
Any single additional ful facility proposed by either a second
or third carrier shall be processed as a:lment 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 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 eight proposed
the water tank wall, such that th y
spaced, to the sa! :the Director of Development Services.
The building plans shall depict the location of the equipment building, as
shown on the site plan to th I the Director of Development
Services. The precise location of the equipment cabinets shall be signed
off by the Director of Public Works to verify that the cabinets will not
conflict with use of reservoir.
The building plans shall depict the painting of th :1 the
screening of the equipment building to match the existing water tank to
th =the Director of Development Services. The equipment
building fencing shall b ' :1 of vinyl-coated chain link at six foot
height.
=
=
Resolution No. P-00-92
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 lere the levels produced are projected to be highest.
If th ~ I ~ 80% of the MPE limits, the applicant
shall hire a qualified electrical engineer licensed by the State of California
I ~osure levels at the location after the facility is in operation.
A report of th :~ 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 :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 rfect at the time of building
permit issuance.
The site plan, as submitted 1' I this CUP application, does not
indicate grading to be performed in conjunction with the construction of an
equipment shelter and installation of Therefore, the applicant
shall submit to the Engineering Division of the City's Development
Services Department a certification letter, issued by a California registered
Civil Engineer, certifying that no grading work which would involve
earthwork l of more than fifty cubic yards of fill :ion, or
creating a fill greater than one foot in depth, or create and excavation
greater than two feet in depth shall be performed to complete the project.
However, if there is grading work to be done that would exceed fifty cubic
yards to be moved, fill greater than one foot in depth, or create
an excavation greater than two feet in depth, then a grading permit shall
be obtained from the City prior to grading operation and building permit
issuance. Contact the Engineering Division ofthe City's Development
Services Department for grading permit requirements.
A right-of-way permit shall be obtained from the Engineering Division of
the City's Development Services Department prior to performing any work
within a public street right-of-way or any City-held easement.
Resolution No. P- 00-92
Page 5
The applicant currently h I or agreement from a
publicly maintained 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.
If 3tained via Danielson Street and an in-lieu fee is not paid
pursuant to Condition E.6 of this Resolution, the applicant shall submit
plans to the Engineering Division showing the areas of access to be
improved to the sal ;the City Engineer.
Prior to obtaining a Final Inspection on the permits, the applicant shall comply
with the following:
The project shall b ' ' :1 and completed in accordance with the
approved site plan and elevations on file in the Development Services
Department and the conditions contained herein.
The cellular fixtures shall be painted to match the water tank. The
equipment cabinet fencing shall be constructed of vinyl-coated chain link.
If the applicant obi '
road from Buehler Reservoir to Welton Reservoir, the applicant shall
improve portions of said :1, that 3tible 1
minimum 12-foot wide, 2-inch thick AC paving together with any
necessary appurtenant regrading and other improvements to the
sar ' :the City Engineer or pay the City an in-lieu fee for the
improvements that is acceptable to the City Engineer.
'3hts via Danielson Street and the access
to a
Upon establishment of th
00-22, the following shall apply:
Iion facility pursuant to CUP
All facilities and related equipment, including lighting, shields, cabinets,
and poles, shall b :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 ' '
! dang ,,lit'blight.
Th
the site
3erator 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 :1 by
their t' lh City lion sy' :her public agency
emergency lion systems. The operator shall be responsible
Resolution No. P-00-92
Page 6
for all labor and equipment costs for determining th I 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 ' ' ;;] from third party claims against the City attributable to
the interference.
Th t 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 exceed the FCC's Maximum Permissible Exposure
(MPE) limits 1' ri 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 th ~ich 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 -I in a healthy and thriving
condition, free from weeds, trash, and debris. The trees shall be
encouraged and allowed ~ Iural form. Pruning shall be
restricted I 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
equipmentJimp
operation of the facility.
~ th '.ion facility shall remove all of the
3proved, pursuant to this permit, within 60 days of ceasing
Section 5: The approval of CUP 00-22 shall expire on November 28, 2002, at 5:00
p.m. unless, prior to that time, a Building Permit has been issued and
the property in the CUP approval h .1 prior to its expiration.
Resolution No. P- 00-92
Page 7
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 28th day of November 2000.
Michael P. Cafagna,
Al-rEST:
Peoples,
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- 00-92 was duly adopted by
the City Council at a meeting of said City Council held on the 28th 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
Peoples, City Clerk
City of Poway