Res P-03-42RESOLUTION NO. P-03-42
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 02-101
ASSESSOR'S PARCEL NUMBER: ADJACENT TO 277-181-24
WHEREAS, Minor Development Review Application (M DRA) 02-101 was submitted
by Project Design Consultants for Sprint PCS, Applicant, to install a t :ions
facility ant :light pole located in the public right-of-way on the north side of
Espola Road, across from Orchard Bend Road adjacent to the Planned Community zone.
WHEREAS, the proposed t :ions facility consists of three (3) panel
antennas mounted on the south, west and east sides of a replacement streetlight pole,
and;
WHEREAS, on July 29, 2003, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California E Quality Act (CEQA) pursuant to Section
15303 of the CEQA Guidelines, in that the project involves the installation of I
t :ions facility providing a utility extension to serve the surrounding areas.
Section 2: The finding Jance with Chapter 17.52 of the Poway Municipal Code
for MDRA 02-101 to install a 1' :ions facility antenna in the right-of-way,
located on the north side of Espola Road, across from Orchard Bend, adjacent to the
Planned Community zone, are made as follows:
The proposed location, size, design, and operating ch Ithe proposed
lions facility ~ with the title and purpose of Chapter 17.52
of the Poway Municipal Code (Development Review 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 characteristics of the proposed
t :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 and sited such that it will not result
in visual impacts to the surrounding community and it will comply with Federal
C :ions C (FCC) design and operational standards. The facility
~ and will not create traffic impacts.
F=
Resolution No. P-03-42
Page 2
The proposed t lions facility is in harmony with the scale, bulk,
coverage, and density of, and ' I with, adjacent uses in that the proposed
facility functions as if it were ancillary equipment to the existing light pole and
standard equipment boxes in the right-of-way.
There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed 1' :ions facility.
There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed t 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.
The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan in that the proposed t lions 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 te' Iions facility will enhance
t ;]e in the Cit
There will not be significant harmful effe s up Iai quality and natural
in that the proposed telec mmunications facility is located on a
developed Right-of-Way and does not nvolve the removal of natural habitat
There are no relevant negative im acts associated with the proposed
t ~ions facility that cannot mitigated in that the facility will comply
with FCC design and operational stand s.
That the potential impacts, and the proposed location, size, design and operating
ch of the proposed 1' :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 and sited such that it will not
result in visual impacts and will comply with FCC design and operational standards.
The proposed 1' Iions facility will comply with all the applicable
provisions 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.
Resolution No. P-03-42
Page 3
Section3: The City Council hereby approves MDRA 02-101 to install a
t Iions facility the north side of Espola Road, across from Orchard
Bend Road, as shown on the plans dated December 27, 2002, subject to the following
conditions:
Approval of this MDRA request shall apply only to the subject project and shall not
31lance with all "the Zoning Ordinance and all other applicable
City ordinances in effect at the time of Encroachment Permit issuance.
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 th 31e use and enjoyment of surrounding uses.
The conditions of MDRA 02-101 shall remain in effect for the life of the subject
wireless 1' lions facility.
MDRA 02-101 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 an Encroachment Permit prior to installation of the facility.
Prior to ' I an Encroachment Permit, the applicant shall comply with the
following:
The applicant shall enter into a Master C Iions Site License
Agreement, prepared and agreed to, by the City Attorney and City Council.
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 applicant shall obtain a Building Permit for any portion of the installation
as is deemed necessary by the Public Works Department.
The specific mat :1 to create the paint and texture of th
shall be depicted on the Encroachment Permit plans. The selected materials
shall match, as closely as possible, to the satisfaction of the Director of
Development S :1 the Public Works Department.
Submit to the City for review the street light plans, specifications, structural
calculations and plan check fees.
10.
11.
12.
13.
Resolution No. P-03-42
Page 4
Replacement light pole and mast arm must match existing lighting standards
exactly, as determined by the Director of Development Services and the
Director of Public Works. Replacement action should be coordinated with
Robert Willcox in the Public Works Department.
All power wiring for streetlight cannot be commingled in any way with
microcell power. The existing power must be maintained as
independent of the I: for the microcell unit.
Grounding of the streetlight pole shall conform to and not conflict with San
Diego Regional Drawings requirements.
Obtain a right-of-way permit and pay appropriate inspection fees. The
amount of inspections fees shall be determined from a cost estimate to be
provided by the applicant's engineer and shall be approved by the City.
Prior to removal of the existing streetlight, applicant shall contact the City of
Poway Public Works Department, Robert Willcox, at (858) 679-5460.
The antennas shall not be activated for use until a final inspection is
conducted by Public Works and Development Services Departments
(Engineering and Planning).
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.
Up :the Encroachment 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
respect to compliance 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 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.
The Sprint PCS DBS Microcell cabinet shall be installed in an underground
vault to the satisfaction of the Director of Development Services and the
Director of Public Works. If the City d ' that the installation of the
vault underground is infeasible due to the location of existing utilities the
vault may be installed above ground at a local' -1 by the Director of
Resolution No. P-03-42
Page 5
Development Services. The applicant shall provide a site plan showing the
method of screening and permanent "said screening
14. Submit plans reflecting the undergrounding of the equipment.
Prior to obtaining a final inspection on the Encroachment Permit, 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 conditions contained herein.
A final inspection from the appropriate City Departments will be required.
Ground equipment must be screened by landscaping and painted dark
green.
Any landscaping removed or damaged by the project shall be replaced in-
kind.
Upon establishment of th
02-101, the following shall apply:
Iions facility, pursuant to MDRA
All facilities and related equipment shall I;
damage from any cause shall be repaired
as 1 ' ' I dang
:1 in good repair. Any
31y possible so
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 :1 the noise
standard :t in the Poway Municipal Code.
Right-of-Way permit is required for periodic roul' The permit
can be obtained at the Engineering Division counter in the Development
Services building.
4. Existing irrigation lines or patl'
be modified in the right-of-way.
5. Th
site
3erator of the facility shall routinely and regularly inspect the
31iance 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 1' :ions s~ ' :her public agency
emergency lion systems. The operator shall stop operations of
Resolution No. P- 03~42
Page 6
the cell site and determine the cause prior to restarting the facility. The
operator shall be responsible for all labor and equipment costs for
determining the source of the interference, all costs associated with
eliminating the interference (including, but not limited to, filtering, installing
cavities, installing directional antennas, powering down systems, and
engineering analysis), and all ' ' ;;I from third party claims against the
City attributable to the interference.
The wireless t lions 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
[. If there is any change in the manner in which the facility is
operated or change in the MPE, a report pursuant to Condition F.11 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 Minor Development Review Application.
Section 4: Th Ith t
Iion equipment, and associated
within 60 days of ceasing operation of the t'
lions facility shall remove all of the
approved pursuant to this permit
lions facility.
Section 5: The approval of MDRA 02-101 shall expire on July 29, 2005, at 5:00 p.m.
unless, prior to that time, the appropriate permits have been issued and the
property in the MDRA approval h :t prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 29th day of July 2003.
ATTEST:
Michael P. Caf~Mayor
Resolution No. P- 03-42
Page 7
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- 03-42 , was duly adopted by
the City Council at a meeting of said City Council held on the 29th day of July 2003, and
that it was so adopted by the following vote:
AYES:
GOLDBY, HIGGINSON, CAFAGNA
NOES:
EMERY, REXFORD
ABSTAIN: NONE
ABSENT: NONE
L._~r~Lo AAnne eoples, City,Clerk
City of Poway