Res P-02-14 RESOLUTION NO. P-02-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 01-15
ASSESSOR'S PARCEL NUMBER 321-190-31
WHEREAS, Conditional Use Permit 01-15 was submitted by Richard Conner Riley &
Applicant, to install a t '.ions facility on the Poway Soccer Fields
located at 14503 Espola Road in the Rural Residential C zone.
WHEREAS, the proposed t'
ant :1 on 3 flagl:
and an equipment :1;
:ions facility consists of 6 panel-type
· ,;I 35 feet in height, ground-mounted equipment,
WHEREAS, on April 9, 2002, 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 01-15 is exempt from the
p ' ' : 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 Jance with Section 17.48.070 of the Poway Municipal
Code for CUP 01-15 to install a 1 Iions facility on property located at 14503
Espola Road in the Rural residential C zone, are made as follows:
The proposed I design, and operating ch ;the proposed
t facility J with the title and purpose of Chapter 17.48
of the Poway Municipal Code (Conditional Use Permit Regulations), the City
General Plan, and the development policies and standards of the City in that the
facility has been designed and sited such that it will not result in visual impacts to
the surrounding community.
The location, size, design, and operating ch 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 and sited such that it will not result
in visual impacts to the surrounding community and it will comply with Federal
C Iions C (FCC) design and operational standards.
Co
The proposed t facility is in harmony with the scale, bulk,
coverage, and density of, and ' t with, adjacent uses.
Resolution No. P-02-14
Page 2
There are adequate public facilities, services, and
site to serve the proposed t ~ions facility.
~)ject
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There will not be a harmful effect upon the desirable surrounding property
' that the proposed t :ions facility has been designed
and sited such that it will not result in a visual impact to the surrounding community,
and the facility will comply with FCC design and operational standards.
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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 I :ions facility is unmanned and will only
require period' thereby generating minimal traffic.
G=
The site is suitable for the type and intensity of use or development which is
proposed in that the proposed t' facility will enhance
t' I' ;le in the City.
H=
There will not be significant harmful effects Ul: quality and natural
in that the proposed 1' 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
Iions 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
characteristics of the proposed 1' facility will not be materially
injurious to propertie,,~ or improvements in the vicinity, nor be contrary to the adopted
General Plan, in that the facility has been designed and sited such that it will not
result in visual impacts and will comply with FCC design and operational standards.
The proposed t' facility will comply with all the applicable
previsions of Chapter 17.48 of the Poway Municipal Code in that the facility has
been designed and sited 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 01-15 to install a 1
facility at 14503 Espola Road, as shown on the plans dated March 12, 2002, subject to the
following conditions:
Approval of this CUP request shall apply only to the subject project and shall not
31iance with all :the Zoning Ordinance and all other applicable
City ord' ~ect at the time of building permit issuance.
Bo
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Resolution No. P-02-14
Page 3
Within 30 days of the date of this approval: (1) the applicant shall sub
that all conditions of approval have been read and understood; and, (2)the property
owners shall 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 01-15 shall rfect for the life of the subject wireless
t :ions facility and shall run with the land and be binding upon future
owners, heirs, and ! : the current property owner.
CUP 01-15 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. Pdor
: 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 equipment ~all be architecturally enhanced to provide better
integration with the existing building. Th ~all be constructed of
decorative block and shall be topped with a trellis cover. Revised plans shall
be submitted to the Planning Division for final review and approval.
Enhanced landscaping consisting of groundcover, shrubs and trees shall be
installed around the equipment :1 in the vicinity of the flagpole
installations. Landscape and irrigation pi I as review fees, shall be
submitted to the Planning Division for final review and approval.
Landscaping shall b I with the City's Landscape Guidelines.
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The existing 9-foot-high chain link fence, which is proposed to be relocated
as a part of this project, shall be reduced to 6 feet in height to comply with
the fence height limitation for the subject zone.
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 ~1 the engineer's findings with
Resolution No. P-02-14
Page 4
resl: 31lance 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 orderto assurethe objectivityoftheanalysis,
the City may require, at the applicant's expense, independent verification of
the results of the analysis.
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The antennas shall not be activated for use until a final inspection is
conducted by the City.
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 condil' ~ herein.
A final inspection from the appropriate City Departments will be required.
Upon establishment of th
01-15, the following shall apply:
Iions facility, pursuant to CUP
All t' :1 related equipment shall b
damage from any cause shall be repaired
as t ' ' :dang
· ' :lingood repair. Any
31y possible so
:Iii' blight.
The facility shall be operated in such ' 1 ' ' y 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 :I in the Poway Municipal Code.
Th
site I
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 inted' :1 by
their facilities with City I :ions sy :her public agency
emergency ystems. 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 ~ ling directional powedng down
systems, and engineering analyses), and all costs arising from third party
claims against the City attributable to the interference.
Resolution No. P- 02-14
Page 5
The wireless t 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 for electric and magnetic field strength and power densities 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 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
review and approval. The D' ~, also require an updated report as
part of any review of this Conditional Use Permit.
Section 4: Th Ith
Iion equipment, and associated
within 60 days of ceasing operation of the t
facility shall remove all of the
approved pursuant to this permit
Iions facility.
Section 5: The approval of CUP 01-15 shall expire on April 9, 2004, at 5:00 p
prior to that time, a Building Permit has been issued and 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 9th day of Apdl 2002.
ATTEST:
L~ori ~nn~: P~eoples, Cit~y C,~:'~''-~
Michael P. Mayor
Resolution No. P-02-14
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-02-14, was duly adopted by the City
Council at a meeting of said City Council held on the 9th day of April 2002, and that it was
so adopted by the following vote:
AYES:
NOES: REXFORD
ABSTAIN: NONE
ABSENT: HIGGINSON
EMERY, GOLDBY, CAFAGNA
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