Res P-02-15 RESOLUTION NO. P-02-15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 02-01
ASSESSOR'S PARCEL NUMBER 317-270-40
WHEREAS, Conditional Use Permit 02-01 was submitted by Verizon Wireless,
applicant, to install a 1' facility on a developed property located at 13350
Gregg Street in the Planned Community (PC) zone/South Poway Business Park, and
WHEREAS, the 1' lions facility : antennas mounted to the
existing building (i.e., 13 panel-tyl; ~ to the building facade and 1 GPS
ant :1 on the inside of the building parapet), ground-mounted equipment, and
an equipment and
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 Councilflnds that Conditional Use Permit 02-01 is exempt fromthe
p ' ' : the California E Iai 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 02-01 to install a 1'
Gregg Street in the PC
~ance with Section 17.48.070 of the Poway Municipal
:ions facility on property located at 13350
:le as follows:
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The proposed location, size, design, and operating ch f the proposed
t lions 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 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 ch of the proposed
:ions 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 :ion C (FCC) design and operational standards.
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Resolution No. P-02-15
Page 2
The proposed
coverage, and density of, and'
facility f if
facility is in harmony with the scale, bulk,
' lwith, adjacent uses in that the proposed
lary equipment to the existing building.
Then are adequate public facilities, services, and u!
site to serve the proposed I lions facility.
31e at the subject
There will not be a harmful effect upon the desirable surrounding property
ch ' that the proposed t 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 Cimulation Element of the General
Plan in that the proposed t ~,ions 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 I facility will enhance
1' I' ;~e in the business park are of the City.
There will not be significant harmful effects up quality and natural
in that the proposed t lions 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
l' :ions 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 lions 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 t lions 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 02-01 to install a 1
facility at 13350 Gregg Street consisting of :1 to the existing building (i.e.,
13 panel-typ -I to the building facade and 1 GPS -1 on
Resolution No. P-02-15
Page 3
the inside of the building parapet), g '~ equipment, and an equipment
as shown on the plans dated February 27, 2002, subject to the following
conditions:
Approval of this CUP request shall apply only to the subject project and shall not
3°lance with all Ithe Zoning Ordinance and all other applicable
City ord ~ect at the time of building permit issuance.
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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.
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The conditions of CUP 02-01 shall fect for the life of the subi
t facility and shall run with the land and be binding upon future
owners, heirs, and I **the current property owner.
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CUP 02-01 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.
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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.
The specit' :1 to create the paint and texture of th
shall be depicted on the building plans. The selected 3all match,
as closely as possible, the existing walls, to the satisfaction of the Director of
Development Services.
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The height of the proposed GPS
comply with the site's 35-foot height limit.
3all be reduced by one foot to
°
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
Resolution No, P-02-15
Page 4
operation. A report of th :1 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 orderto assurethe objectivityoftheanalysis,
the City may require, at the applicant's expense, independent verification of
the results of the analysis.
The antennas shall not be activated for use until a final inspection is
conducted by the City.
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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
public street right-of-way or any City held easement.
For access to and from the project site, if other than through publ
roads, the applicant is solely responsible for acquisition of
..3reements
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' :1 herein.
A final inspection from the appropriate City Departments will be required.
Upon establishment of the wireless t
02-01, the following shall apply:
Iions facility, pursuant to CUP
All facilities ar, d related equipment shall b
damage from any cause shall be repaired
as to ' ' Idang
-I in good repair. Any
31y possible so
blight.
The facility shall be operated in such I ' ' ' t 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 :1 the noise
standard :1 in the Poway Municipal Code.
Th 3erator of the facility shall routinely and regularly inspect the
site I 31lance with the standards set forth in this permit.
Resolution No. P- 02-15
Page 5
The operator of the facility sh y liable 1' ~ by
their facilities with City 1 .~ :her public agency
emergency :ion systems. The operator shall be responsible for
all labor and equipment costs for determining th :the interference,
all ,1 with eliminating the interference (including but not limited
to filtering, installing ling directional powering down
systems, and engineering analyses), and all costs arising from third party
claims against the City attributable to the interference.
The wireless I Iions 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 electdc 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 :th
Iion equipment, and associated
within 60 days of ceasing operation of the
~ions facility shall remove all of the
approved pursuant to this permit
facility.
Section 5: The approval of CUP 02-01 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 April 2002.
ATTEST:
L~on n~n: pe~c pies, C ~y~'C~e~
Micha.~Cal
layor
Resolution No. P-02-1§
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-02-15, was duly adopted by the City
Council at a meeting of said City Council held on the 9th day of April 2002, and that itwas
so adopted by the following vote:
AYES:
EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
nne Peoples, City Clbrk
Poway
n:\cit~