Res P-01-66 RESOLUTION NO. P- 01-66
A OF THE CITY
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 01-13
ASSESSOR'S PARCEL NUMBER 317-021-10
WHEREAS, Conditional Use Permit 01-13 was submitted by Sprint PCS, Applicant,
to install a t Iions facility on a developed property located at 13244 Pomerado
Road in the C General (CG) zone.
WHEREAS, The t lions facility I antennas mounted to the
existing building (i.e. 9 panel type antennas mounted to the building facade), ground
mounted equipment, and a equipment
WHEREAS, on December 11,2001, 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 01-13 is exempt from the
provisions of the California E :al 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 findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for CUP 01-13 to install a 1: :ions facility on property located at 13422
Pomerado Road in the CG :le as follows:
The proposed location, size, design, and operating ch fthe 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 CG zone, the City 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
nor result in visual impacts to the surrounding community and it will comply with
Federal C :ion C (FCC) design and operational standards.
The proposed t
coverage, and density of, and'
facility ~ " if
:ions facility is in harmony with the in scale, bulk,
l with, adj that the proposed
lary equipment to the existing building.
Resolution No. P- 0].-66
Page 2
There are adequate public facilities, services, and
site to serve the proposed t Iions facility.
su~e~
There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed f :ions facility has been designed
sited, and screened such that it will not result in visual impacts to the surrounding
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 circulal' I of the General
Plan in that the proposed t :ions facility is unmanned and will only
require periodic maintenance, 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 " ge in the City.
There will not be significant harmful effects up Iai 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
lions facility that cannot be mitigated in that the facility will comply
with FCC design and operational standards.
That the potential impacts, and the proposed location, size, design and operating
ch of the proposed t :ions facility will not be materially
injurious to properties or improvements in 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 t :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 01-13 to install a 1' :ions
facility consisting of 9 panel antennas, facade mounted, and associated equipment and
at 13422 Pomerado Road, as shown on the plans dated October 24, 2001,
subject to the following conditions:
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.
Resolution No. P-0].-66
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 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 ~le use and enjoyment of surrounding uses.
The conditions of CUP 01-13 shall ~ect for the life of the subject wireless
t facility and shall run with the land and be binding upon future
owners, heirs, and 1 ~ I the current property owner.
CUP 01-13 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
to ' : 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 -I to create the paint and texture of the antennas
shall be depicted on the building plans. The selected materials shall match,
as closely as possible, the existing walls, to the sal ~ "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 measure exposure levels at the location after the facility is in
operation. A report of th Is and the engineer's findings with
respect to compliance with MPE limits shall be submitted to the Director of
Development Services. The facility shall 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.
Prior to obtaining a final inspection on the building permits, the applicant shall
comply with the following:
Resolution No. P- 01-66
Page 4
~all 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.
U pon establishment of th
13, the following shall apply:
facility, pursuant to CUP 01-
All facilities and related equipment shall b
damage from any cause shall be repaired
as to ' ' Idang
:1 in good repair. Any
~ly possible so
blight.
The facility shall be operated in such 1' ' ' ,¢ possible
disruption caused by noise. Backup § ~all 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 source exceed the noise standards
contained in the Poway Municipal Code.
Th
site
~erator of the facility shall routinely and regularly inspect the
~liance with the standards set forth in this permit.
The operator of the facility shall be strictly liable for interf :~ by
their facilities with City t iions sy ' '.her public agency
emergency :ion systems. The operator shall 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 antennas, powering down
systems, and engineering analyses), and all costs arising from third party
claims against the City attributable to the interference.
The wireless t :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
§ l. If there is any change in the manner in which the facility is
operated or change in the MPE, or the Director of Development Services
d that an updated report is necessary, a report pursuant to
Condition F.3. of this Resolution shall be submitted to the Director of
Development Services f :1 approval.
Resolution No. P- 01-66
Page 5
:ion equipment, and associated structures, approved pursuant to this permit
within 60 days of ceasing operation of the t lions facility.
Section 5: The approval of CUP 01-13 shall expire on December 11,2003, 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 t prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 11th day of December 2001.
ATTEST:
Sherrie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 01-66 , was duly adopted by
the City Council at a meeting of said City Council held on the 11th day of December 2001,
and that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
Sherrie D. Worrell, Deputy City Clerk
City of Poway