Res P-01-55 RESOLUTION NO. P- 01-55
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 01-10
ASSESSOR'S PARCEL NUMBER 317-270-50
WHEREAS, Conditional Use Permit 01-10 was submitted by Nextel
C Applicant, to install a I facility on a developed property
located at 12140 Community Road in the Planned Community (PC) zone.
WHEREAS, the I :ions facility ~ antennae mounted to the
existing building (i.e., 12 panel type antennae mounted to the building facade, 3 GPS
:1 on the inside of the building parapet, and 1 BMR ant :1 on
the inside of the building parapet), ground mounted equipment, and an equipment
WHEREAS, on October 16, 2001, 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: The City Council finds that Conditional Use Permit 01-10 is exempt from the
I~ ' ' i the California E ~ Quality Act (CEQA), as a Class 3 Categorical
Exemption, pursuant to Section 15303(d) of the CEQA Guidelines, in that the project
involves the installation of a small, new facility providing a utility extension to serve the
surrounding area.
Section 2: The finding
Code for CUP 01-10 to install a t
Community Road in the PC
Jance with Section 17.48.070 of the Poway Municipal
Iions facility on property located at 12140
~e as follows:
The proposed I design, and operating ch :the proposed
t' :ions facility' ' ~ with the title and purpose of Chapter 17.48
of the Poway Municipal Code (Conditional Use Permit Regulations), the purpose of
the PC zone, the South Poway Specific Plan, the General Plan, and the
development policies and standards of the City in that the facility has been
designed, sited and screened such that it will not result in visual impacts to the
surrounding community.
The location, size, design, and operation characteristics of the proposed
t Iions facility will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings, structure, or natural
that the facility has been designed, sited and screened such that it will
not result in visual impacts to the surrounding community and it will comply with
Federal C lions C (FCC) design and operational standards.
Resolution No. P- 01-55
Page 2
The proposed
coverage, and density of, and'
facility t if it
facility is in harmony with the scale, bulk,
l with, adjacent uses in that the proposed
lary equipment to the existing building.
There are adequate public facilities, services, and ul
site to serve the proposed t iions facility.
31e at the subject
There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed I facility has been designed,
sited, and screened such that it will not result in visual impacts to th :ling
community, and the facility will comply with FCC design and operational standards.
The generation of traffic will not adversely impact the capacity and physical
character of the surrounding:l/or the Circulation Element of the General
Plan in that the proposed t facility is unmanned and will only
require period thereby generating minimal traffic.
The site is suitable for the type and intensity of use or development which is
proposed in that the proposed t ~ions facility will enhance
t I' ;]e in the Business Park area of the City.
There will not be significant harmful effects Ul: quality and natural
· that the proposed t facility is located on a developed
property and does not involve the removal of natural habitat
There are no relevant negative impacts associated with the proposed
facility that cannot be mitigated in that the facility will comply
with FCC design and operational standards.
J=
That the potential impacts, and the proposed location, size, design and operating
ct: of the proposed t Iions facility will not be materially
injurious to properties or imp the vicinity, nor be contrary to the adopted
General Plan, in that the facility has been designed, sited, and screened such that it
will not result in visual impacts and will comply with FCC design and operational
standards.
The proposed I :ions facility will comply with all the applicable
provisions of Chapter 17.48 of the Poway Municipal Code in that the facility has
been designed, sited, and screened such that it will not result in visual impacts and
will comply with FCC design and operational standards.
Section 3: The City Council hereby approves CUP 01-10 to install a f
facility at 12140 Community Road, as shown on the plans dated September 7, 2001,
subject to the following conditions:
Fo
Resolution No. P-01-55
Page 3
Approval of this CUP request shall apply only to the subject project and shall not
31lance with all :the Zoning Ord' :1 all other applicable
City ord' ~ect 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
to interfere with th 31e use and enjoyment of surrounding uses.
The conditions of CUP 01-10 shall ' ' ~fect for the life of the subject wireless
l' :ions facility and shall run with the land and be binding upon future
owners, heirs, and ! f the current property owner.
CUP 01-10 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
! 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.
The specific mat J to create the paint and texture of the antennas
shall be depicted on the building plans. The selected lall match,
as closely as possible, the existing walls, to the sat :the Director of
Development Services.
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.
Upon issuance of the Building Permit and installation of the facility, the
applicant shall hire a qualified electrical engineer licensed by the State of
California to ~osure levels at the location after the facility is in
operation. A report of th :s and 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.
Resolution No. P- 01-55
Page 4
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 cond -I herein.
^ final inspection from the appropriate City Departments will be required.
Upon establishment of th
10, the following shall apply:
facility, pursuant to CUP 01-
All facilities and related equipment shall b
damage from any cause shall be repaired
as I ' ' :dang
:1 in good repair. Any
31y possible so
blight.
The facility shall be operated in such ' I ' ' y possible
disruption caused by noise. Backup g 3all only be operated during
periods of I~ ";~es and shall not be tested on weekends or holidays,
or between the hours of 10:00 p.m. and 7:00 (day nights. At no
time shall equipment noise from any source exceed the noise standards
contained in the Poway Municipal Code.
Th
site
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 interf :1 by
their 1' ':h City 1 lions sy : :her public agency
emergency tion systems. The operator shall be responsible 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 antennas, powering down
systems, and engineering analyses), and all costs arising from third party
claims against the City attributable to the interference.
The wireless I :ions 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 :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 I. If there is any change in the manner in which the facility is
operated or change in the MPE, a report pursuant to Condition G.3. of this
Resolution shall be submitted to the Director of Development Services for
:1 approval.
Resolution No. P- 03.-55
Page 5
Section 4: Th :
~ion equipment, and associated
within 60 days of ceasing operation of the t
facility shall
approved pursuant to this permit
facility.
Section 5: The approval of CUP 01-10 shall expire on October 16, 2003 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.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16th day of October 2001.
ATTEST: Mich~el~
Lor~i ~nne Peoples, Ci~'~k~])~ ' '~
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 Nc.P-01-55 , was duly adopted by the
City Council at a meeting of said City Council held on the 16th day of October 2001, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Peoples,
City of Poway