Loading...
Res P-03-50RESOLUTION NO. P-03-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 03-05 ASSESSOR'S PARCEL NUMBER 273-820-09 WHEREAS, Conditional Use Permit (CUP) 03-05 was submitted by Cingular Wireless, Applicant, to install a t :ion facility at the developed St. John of Damascus Church property located at 16903 Espola Road in the Rural Residential-C (RR-C) zone, and; WHEREAS, the proposed t facility consists of antennas and equipment installed within a new, 35-foot-tall, "faux" bell tower attached to the existing Church sanctuary building, and; WHEREAS, on August 5, 2003, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application, closed the public hearing, and continued the application to the August 19, 2003 to obtain additional ~' 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 a small, new t :ion facility providing a utility extension to serve the surrounding areas. Section2: The findings, in accordance with Municipal Code for CUP 03-05 to install a at 16903 Espola Road, are made as follows: Section 17.48.070 of the Poway :ion facility on property located The proposed location, size, design, and operating ch of the proposed t :ion facility are in accord 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, sited, and screened such that it will not result in visual impacts to the surrounding community. The location, size, design, and operating ch of the proposed :ion facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, or natural in that the facility has been designed and sited such that it will not result in visual impacts to the surrounding community. The antennas and equipment will be located within a structure and will not be visible to the public. No. P-03-50 Page 2 Operation of the facility will comply with Federal C C (FCC) design and operational standards. The facility is unmanned and will not create traffic impacts. The proposed 1 :ion facility is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the proposed facility will be integrated into an existing building. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed ! facility. There will not be a harmful effect upon the desirable surrounding property ch in that the proposed t :ion facility has been designed, sited, and screened 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 " 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 t :ion facility will enhance :ion coverage in the City. There will not be significant harmful effects upon quality and natural in that the proposed t 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 :ion 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 I facility will not be materially injurious to properties or imp 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. Resolution No. P- 03-50 Page 3 The proposed 1 :ion 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. Section 3: The City Council hereby approves CUP 03-05 to install a t :ion facility consisting of 6 panel :t ancillary equipment to be located within a new, 35-foot-tall, "faux" bell tower attached to the existing St. John of Damascus Church sanctuary building, as shown on the plans dated June 20, 2003, subject to the following conditions: Approval of this CUP request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City ore ~ect at the time of Building Permit issuance. 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 Covenant Regarding Real Property. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. The conditions of CUP 03-05 shall remain in effect for the life of the subject wireless t :ion facility and shall run with the land and be binding upon future owners, heirs, and t ' of the current property owner. CUP 03-05 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 issuance of 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 F The site shall be developed in accordance with the approved plan on file in the Development Services Department (dated June 20, 2003) and the conditions contained herein. A final inspection from the appropriate City Departments will be required. Resolution No. P- 03-50 Page 4 The operator shall submit 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 these and 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 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 antennas shall not be activated for use until a final inspection is conducted by the City. The Building Permit plans shall include a utility plan that shows the equipment layout. Submit a landscape plan for review and approval, which shows that each tree that will be removed as result of the project will be replaced with a 36~ inch box tree. The fire sprinkler system shall be extended to the bell tower. Plans for the sprinkler extension must be submitted to and approved by the Fire Department before the sprinkler extension takes place. Upon establishment of the wireless CUP 02,-05, the following shall apply: :ion facility, pursuant to All facilities and related equipment s,hall be :1 in good repair. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize of dangerous conditions or visual blight. The facility shall be operated in such a manner as to minimize any 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 source exceed th ' :larc~ :1 in the Poway Municipal Code. Resolution No. P-03-50 Page 5 The owner or operator of the facility shall routinely and regularly inspect the site t ~liance with the standards set forth in this Permit. The operator of the facility shall be strictly liable for inter d by their facilities with City t :ion systems or other public agency emergency :ion systems. The operator shall stop operations at the site and determine the cause of the interference 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 powering down systems, and engineering analysis), and all costs arising from third party claims against the City attributable to the interference. The wireless ~ ',ion 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.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: The owner of the wireless ~ the " equipment, and associated Permit within 60 days of ceasing operation of the t facility shall remove all of approved pursuant to this :ion facility. Section 5: The approval of CUP 03-05 shall expire on August 19, 2005, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and on the property in the CUP approval h ri prior to its expiration. Resolution No. P-03-50 Page 6 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 19th day of August 2003. ATTEST: Lor~ ~n~e :eo~ples, City'Clerk~ 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-03-50 , was duly adopted by the City Council at a meeting of said City Council held on the 19th day of August 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA City of Poway