Res P-02-20RESOLUTION NO. P-02-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 02-04
ASSESSOR'S PARCEL NUMBER 278-450-27
WHEREAS, Minor Development Review 96-66 approved operation of a
:ions facility on the Performing Arts Center, and
WHEREAS, the City of Poway's Zoning Code requires the approval ora Conditional
Use Permit for the operation of t facilities within the City, and
WHEREAS, the City of Poway and the applicant entered into a lease agreement in
February 1997 for the applicant to operate and t Iions facility at
the Poway Center for the Performing Arts and that said lease agreement expired on
February 28, 2002, and
WHEREAS, CUP 02-04 submitted by Cox C PCS LP, dba Sprint
PCS, applicant, requests approval to continue to op ~ ~ :ions
facility on the Poway Center for the Performing Arts, a structure owned by the City of
Poway located at 15498 Espola Road within the Public Facilities (PF) zone.
WHEREAS, on May 7, 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 02-04 is categorically
exempt from the California E Quality Act, pursuant to Section 15301 of the
CEQA Guidelines, Class l(b), as it involves the continued operation of a public utility
facility.
Section 2: The finding lance with Section 17.48.070 of the Poway Municipal
Code for CUP 02-04 to operate a ~ :ions facility on property located at 15498
Espola Road within the Public Facilities (PF) Je as follows:
Ao
The location, size, design, and operating characteristics of the t :ions
facility is in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the purpose of the PF zone,
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.
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Resolution No. P-02-20
Page 2
That the location, size and design and operating ch ' ' of the
facility will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings, structure, or natural
~at the facility has been designed, sited and screened such that it will
not result in visual impact to the surrounding community and it will comply with
Federal C lions C (FCC) design and operational standards.
That the 1' :ions facility is in harmony with the scale, bulk, coverage,
and density' ',with adjacent uses, in that the facility I I it were
ancillary equipment to the existing building.
That there are adequate public facilities, services, and utilities available at the
subject site to service the 1 :ions facility.
There will not be a harmful effect upon the desirable surroundings property
ch ' that the continuing use of the t tion facility has been
designed, sited, and screened such that it will not result in visual impacts to the
surrounding community, and the facility will continue to 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 I lions facility is unmanned and will only require
period' thereby generating minimal traffic.
The site is suitable for the type and intensity of use and development in that the
t facility serves th :y with I :ion.
There will not be significant harmful effects Ul: Iai quality and natural
in that the proposed facility will be located on developed property and
does not involve the removal of habitat or other natural
That th I iml: :1 with the t :ions facility
that cannot be mitigated in that the facility complies with FCC design operational
standards.
That the impacts, and the proposed location, size, design and operating
ch ' the I :ions facility will not be materially injurious to
properties or improvements in the vicinity, not 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
provision of Chapter 17.48 of the Poway Municipal Code in that the facility has been
Resolution No. P-02-20
Page 3
designed, sited, and screened such that it will
comply with FCC design and operational standards.
visual impacts and will
Section 3: The City Council hereby approves CUP 02-04 for the continued operation of
a 1 facility consisting of six ~ roof mounted-
equipment cabinets, and the installation three ~ antennas at a later date,
located at the Poway Center for the Performing Arts at 15498 Espola Road in the Public
Facilities zone, as shown on the plans dated February 8, 2002 on file with the Planning
Division, subject to the following conditions:
Approval of this CUP request shall apply only to the subject project and shall not
31iance with all Ithe Zoning Ordinance and all other applicable
City Ord ~'ect at the time of approval.
Within 30 days of the date of this approval, the applicant shall submit in writing that
all conditions of approval have been read and understood.
The use conditionally granted by this approval shall not be conducted in such a
to interfere with tl~ 31e use and enjoyment of surrounding uses.
CUP 02-04 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.
Within 60 days of the date of this approval, the operator shall submit a report
prepared by a qualified electrical engineer licensed by the State of California
specifying the FCC's Maximum Possible Exposure (MPE) I ~abited areas
within 500 feet of the facility. The report shall be prepared to the sal :the
Director of Development $ :1 shall document the engineer's findings with
respect to compliance with MPE limits. The facility shall not continue normal
operations until it complies with, or has been modified to comply with, these
standards. Proof of compliance shall comprise of 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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All facilities and related equipment shall I~ ~ in good repair. Any damage
from any cause shall be repaired 31y possible so as I ' '
:dang :litions or blight. All landscaping shall I: ~
in a healthy condition, free from weeds, debris and trash.
The facility shall be operated in such a manner as to minimize any possible
disrupting caused by noise. Backup generators shall only be operated during
periods of power outages and shall not be tested on weekends or holidays, or
Resolution No. P-02-20
Page 4
between the hours of 10:00 p.m. and 7:00 .¢ nights.
equipment noise from any source exceed the noise standards contained in the
Poway Municipal Code.
The wireless 1 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 f :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
§ :. If there is any change in th ~ich the facility is operated or
change in the MPE limits, a report pursuant to Condition E of this Resolution shall
be submitted to the Director of Development Service 1' :1 approval. The
D' ), also require an updated report as part of any review of this Conditional
Use Permit.
The applicant shall comply with the latest adopted Uniform Building Code, National
Electric Code, and all other applicable codes and ord ~ect at the time of
electrical/building permit issuance.
Prior to installation of the three fu! the applicant shall obtain approval
of plans from the Development Services Department (Planning, Building and
Engineering Divisions), the Public Works Department and the Community Services
Department. The applicant shall be responsible for any repair work to the building
resulting from the installation of th
The addition of any equipment beyond that which is approved pursuant to this
permit shall require approval by the Director of Development Services. The Director
shall determine, based on the nature of the work, whether a major or minor
modification to this permit is required.
Section 4: Th =th 1' :ions facility shall remove all of the
quipment and associated structures, approved pursuant to this permit
within 60 days of ceasing = the t :ions facility.
Section 5: The condition,,; of CUP 02-04 shall rfect for the term of the lease
contract with the City of Poway. If long-term lease neg : completed with the
City by August 12, 2002, another 1 company may be allowed to
negotiate a lease and abide by the CUP conditions. Failure of Cox C :ions PCS,
LP, t lease contract with the City of Poway by August 12, 2002 shall be cause
for the City of Poway to require Cox C :ions PCS, LP, dba Sprint PCS, to remove
all :1 equipment from City property and cease operation of said facility.
Resolution No. P- 02-20
Page 5
Section 6; The approval of MDRA 96-66 is hereby rescinded.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, and this 7th day of May 2002.
ATTEST:
Michael P. (.,afag~
/
,~ayor
Lori ~,nne Peoples, City C
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-02-20 , was duly adopted by the
City Council at a meeting of said City Council held on the 7th day of May 2002, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lori ~nne Peoples, City Clerk~
City Of Poway