Res P-02-21RESOLUTION NO. P-02-21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 96-07M
AND RESCINDING RESOLUTION NO. P-97-22
ASSESSOR'S PARCEL NUMBER 314-371-21
WHEREAS, the City Council approved the operation ofa 1 facility
operated by Cox California PCS on the Pomerado Reservoir site on April 29, 1997,
pursuant to Resolution P-97-22, and
WHEREAS, the City of Poway and the applicant entered into a lease agreement in
May 1997 for the applicant to operate and t facility at the site
of the Pomerado R :1 that said lease agreement is due to expire in May 2002,
and
WHEREAS, CUP 96-07M submitted by Cox C PCS, LP, dba Sprint
PCS, applicant, requests a modification to Conditional Use Permit 96-07 to continue to
operate a t Iions facility on property owned by the City of Poway located at
12700 Sagecrest Drive, known as the Pomerado R :hin the Planned Community
(PC) zone, and
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 96-07M is Categorically
Exempt from the p ' ' f the California Quality Act (CEQA), Categorical Exemption,
pursuant to Class 1, Section 15301 (b) of the CEQA guidelines, in that the project involves
· .~ facility providing a utility extension to serve the surrounding area.
Section 2: The finding
Code for CUP 96-07M to install a 1
Sagecrest Drive in the PC
Dance with Section 17.48.070 of the Poway Municipal
Iions facility on property located at 12700
;le as follows:
The I design, and operating ch I the t Iions
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 PC 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.
Ko
Resolution No. P-02-21
Page 2
That the location, size and design and operating ch of the
~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 impact to the surreunding community and it will comply with
Federal C lions C (FCC) design and operational standards.
The ! :ions facility is in harmony with the scale, bulk, coverage, and
density and is compatible with adjacent uses, in that the fac!lity functions as it is
ancillary equipment to the existing reservoir.
There are adequate public facilities, services, and ul
site to service the I :ions facility.
:)le at the subject
There will not be a harmful effect upon the desirable surroundings property
characteristics in that the continuing use of the t :ion 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 1' Iions facility is unmanned and will only require
periodic maintenance thereby generating minimal traffic.
The site is suitable for the type and intensity of use and development in that the
facility serves th :y.
There will not be significant harmful effects up 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
Th I imf ' -1 with the ! lions facility that
cannot be mitigated in that the facility complies with FCC design operational
standards.
The impacts, and the proposed I design and operating ch
of 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 1' 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-02-21
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 96-07M for th :1 operation
of a t :ion facility located at 12700 Sagecrest D ' !lng of six ground-
mounted one facade-mounted GPS antenna, six facad J panel
antennas, and equipment cabinets as reflected on the plans dated September 19, 1996,
subject to the following conditions:
Approval of this CUP request shall apply only to the subject project and shall not
31iance with all I the Zoning Ordinance and all other applicable
City Ord ~:ect at the time of approval.
B=
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.
C=
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.
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' habited areas
within 500 feet of the facility. The report shall be prepared to th Ithe
Director of Development S :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.
CUP 96-07M 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.
All 1' :1 related equipment shall be maintained in good repair. Any damage
from any cause shall be repaired 31y possible so as 1 ' '
Idang :litions or blight. All landscaping shall be maintained
in a healthy condition, free from weeds, debris and trash.
The facility shall be operated in such 1 ' ' y possible impacts
of noise generated by the facility to surrounding residents. Backup ~ 3all
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
J=
Resolution No. P-02-21
Page 4
weekday nights. At no time shall equipment noise from any source exceed the
J in the Poway Municipal Code.
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 electric and 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
~ I. If there is any change in th ~ich the facility is operated or
change in the MPRE. A report pursuant to Condition D of the Resolution shall be
submitted to the Director of Development Service for review and approval. The
D ! also require an updated report as part of any review of this Conditional
Use Permit.
To insure compliance with the Clean Water Act, the applicant shall complete
driveway imp to the sar ' : the City Engineer that will effectively
eliminat ~ into the storm drain system that would occur from
truck and equipment accesses th the existing dirt driveway.
By August 12, 2002, the applicant shall complete the following repairs and
imp to the site to th ' ' I the Development Services Director:
Conduct the following landscape imp
landscaping:
and/or repairs to existing
Remove dead/decaying trees and/or shrubs surrounding the water
tank or in front of the tank facing Sagecrest Drive.
bo
Install of a minimum of 12 shrubs (5-gallon minimum) and 12 trees
(15-gallon minimum)to fill in areas where trees/shrubs have been
removed and to augment screening of the equipment cabinet's
located fronting Sagecrest Drive and antennas installed on water
tank.
Repair existing drip irrigation system and extend the drip irrigation
system to areas of new planting and 1' :ling the tank
where trees/shrubs have been installed for screening of the tank
and/or equipment.
d. Connect drip irrigation system to automatic irrigation system.
Resolution No. P-02-21
Page 5
U 3 is specified, by August 12, 2002, the applicant shall bond for the
of their portion of the following driveway access improvements. At
such time as the City reaches an agreement with the other carriers at the site to
participate in th ;these improvements, the applicant shall participate
in their construction.
a. Install concrete driveway apron, 16' wide, at driveway access.
Install asphalt ddveway 20' wid .~ apron to driveway, and
provide asphalt driveway completely around the water tank for access
' led on water tank.
Install ~ cut and 16' wid driveway to the north
of the equipment cabinets to provide access to equipment cabinets for
repair.
d. Install 16' wid
driveway up to equipment cabinets.
Prior to start of any work within City-held '.;iht-of-way, a Right-of Way
permit shall be obtained from the Engineering Division of the Development Services
Department. All appropriate fees shall be paid prior to permit issuance.
The applicant shall maintain black chain link fence and gate around the reservoir
and t Iion facilities for security. The gate shall be provided with a
padlock with access provided to the City of Poway and additional
lion leaseholders.
Nq
A right of way permit shall be obtained from the City's Engineering Services
Department for any work to be done within the public street right of way or any City
held easement.
The applicant shall comply with the latest adopted Uniform Building Code, National
Electric Code, and ali other applicable codes and ord' ~:ect at the time of
electrical/building permit issuance.
No additional equipment shall be installed or additional antennas attached to the
'ihout prior approval by the Community Development Director.
Q. Resolution No. P-97-22 is hereby rescinded.
Section 4: Th ;th t Iion facility shall remove all of the
Iion equipment and associated structures, approved pursuant to this permit
within 60 days of ceasing operation of the 1 facility.
Resolution No. P-02-21
Page 6
Section 5: The conditions of CUP 96-07M shall ~fect for the term of the lease
contract with the City of Poway. If long-term lease negotial' : completed with the
City by August 12, 2002, other t 3anies will be allowed to negotiate a
lease and abide by the CUP conditions approved by the City Council for1
facilities at the Pomerado Reservoir site. Failure of Cox C ~.ions PCS, LP, to
' lease contract with the City of Poway by August 12, 2002, shall be cause for
the City of Poway to require Cox C lions PCS, LP, dba Sprint PCS, 1 I
antennas and equipment from City property and cease operation of said facility.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, and this 7th day of May 2002.
ATTEST:
Peoples, City Clerk
Michael P. Cafa(
~,~yor
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-02-21 , 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 Cler~
City Of Poway