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