Res P-01-07RESOLUTION NO. P-01-07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-11
ASSESSOR'S PARCEL NUMBER 273-820-08
WHEREAS, CUP 00-11, submitted by WFI, applicant, requests a Conditional Use
Permit to allow the installation of lion facility consisting of six panel
antennas mounted on an existing church bell tower and related ground mounted
equipment. The site is at the Lutheran Church of the Incarnation in the Rural Residential C
zone at 16889 Espola Road; and
WHEREAS, on February 20, 2001, the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this application,
and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that Conditional Use Permit 00-11 is Categorically
Exempt from the p ' ' :the California E Quality Act, pursuant to Section
15303(d), Class 3 exemption, in that it is the location of a small new facility providing a
utility extension to serve the surrounding area.
Section 2: The finding Jance with Section 17.48.070 of the Poway Municipal
Code for CUP 00-11 to approve a Conditional Use Permit for the installation of
:ion facility consisting of six panel led .:I church bell
tower at 16889 Espola Road in the RR-C zone, are made as follows:
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The location of the facility will not create any significant visual
impacts. The equipment will I: :1 bythe block wall :1 proposed
landscaping. The use is a public facility, which is an allowed use in the RR-C zone
with the approval of a Conditional Use Permit. Therefore, the proposed location
size, design and operating ch :the proposed ~ with the
title and purpose of Section 17.48.070 of the Poway Municipal Code, the purpose of
the zone in which the site is located, the City General Plan, and the development
policies and standards of the City.
The location and design of the proposed :ion facility will not create a
negative visual impact on surrounding properties since the facility has been
designed to blend in with the existing 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, or natural
Resolution No. P- 01-07
Page 2
There will be no apparent increase in the scale, bulk or coverage of site
improvements, due to the nature and design of the facility. Therefore, the harmony
in scale, bulk, coverage and density of the project' :with adjacent uses.
There are public facilities,
utilities available.
The proposed :ion facility will occur with' ' ~ church tower and
will not constitul ,:]ement of an existing use. Therefore, there will not be a
harmful effect upon desirable neighborhood characteristics.
The project will not increase traffic. Therefore, the generation of traffic will not
adversely impact the capacity and physical character of surrounding streets and/or
the circulation element of the General Plan.
Veh is already provided to the site, which presently contains a church.
No new demands will be placed on parking and circulation. Therefore, the site is
suitable for the type and intensity of use or development that is proposed.
The project will not involve a significant expansion of the limits of the existing
-I will not involve hazardous materials or processes. Therefore, there
will not be significant harmful effects upon quality and natural
There are no otb
mitigated.
negative impacts of the proposed use that cannot be
The project will not y noticeable exterior changes to th The
proposed use is an allowable use in the RR-C zone. Therefore, 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 or maintained 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; and
That the proposed conditional use will comply with each of the applicable provisions
of Section 17.48.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves CUP 00-11 forthe installation of
Iion facility consisting of six panel ' :1 ' g church bell
tower at 16889 Espola Road in the RR-C lown on the plans dated January 15,
2001, subject to the following conditions:
Resolution No. P- 0:t-07
Page 3
Approval of this CUP request shall apply only to the subject project and shall not
31lance with all :the Zoning Ordinance and 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 property
owners shall execute a Covenant on Real Property.
The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses.
TheconditionsofCUP00-11 shall ' ' rfectforthelifeofthesubjectwireless
:ion facility and shall run with the land and be binding upon future
owners, heirs, and t ~ ~ the current property owner.
CUP 00-11 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 been raised during the prior year.
The applicant shall obtain a Building Permit prior to installation of the facility. Prior
t ~ a Building Permit, the applicant shall comply with the following:
The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of electrical/building permit issuance.
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The specific type of block used for the equipment 3all be depicted
on the building plans. The selected block shall match, as closely as
possible, the existing block walls, to the satisfaction of the Director of
Development Services.
A landscape plan shall be submitted 1' :1 approval by the Director
of Development Services. The plan shall show a ' ' ;six 15-gallon
shrubs to screen th ~ with the replacementJrelocation of the
existing trees. The plan shall include irrigation and note specific plant
species and sizes.
The operator shall submit calculations 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 :ed I :180% 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
Resolution No. P- 01-07
Page 4
-i the engineer's findings with resp ~liance
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.
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The applicant shall provide evidence, to the satisfaction of the Director of
Development Services, that the facility will not interfere with the use of heart
pacemak personal medical devices. No building permits will be
issued if there would be interference. Prior to any installation of the
Staff will provide a report to the City Council on the evidence
provided.
Prior to obtaining a final inspection on the building permits, the applicant shall
comply with the following:
The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
Upon establishment of th
the following shall apply:
:ion facility, pursuant to CUP 00-11,
The landscaping shall be :i in a flourishing manner, to the
sar ~ I the Director of Development Services.
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All facilities and related equipment shall be maintained in good repair. Any
damage from any cause shall be repa'ired 31y possible so
as to ' ' : 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 :I the noise
standard :1 in the Poway Municipal Code.
Th
site 1'
~erator 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 inted: :I by
their facilities with City !ion systems or other public agency
Resolution No. P-03.-07
Page 5
emergency ./stems. The op be responsible for
all labor and equipment costs for determining th : the interference,
all ' :ed 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 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 exceeds the FCC's Maximum Permissible Exposure
(MPE) limits for electric and 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 :. If thero is any change in the manner in which the facility is
operated or change in the MPE, a report pursuant to Condition F.4. of this
resolution shall be submitted to the Director of Development Services for
review and approval.
Section 4: The owner of the wireless :ion facility shall remove all of the
:ion equipment, and associated structures, approved pursuant to this permit
within 60 days of ceasing operation of th iion facility.
Section 5: The approval of CUP 00-11 shall expire on February 20, 2003 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 :1 prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 20th day of February 2001. ~
ATTEST:
nne Peoples, Git,) Clerk
Resolution No. P-0].-07
Page 6
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-0t-07 , was duly adopted by the
City Council at a meeting of said City Council held on the 20th day of February 2001, and
that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
~Anne Peoples, Ci~y~lerk
City of Poway