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Res P-02-33 RESOLUTION NO. P-02-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 01-19 ASSESSOR'S PARCEL NUMBER 278-431-37 WHEREAS, Conditional Use Permit 01-19 was submitted by Sprint PCS/Cox Communications, Applicant, to install a telecommunications facility at the Poway Operations Center located at 14445 Lake Poway Road in the Public Facility (PF) zone, and WHEREAS, the telecommunications facility consists of antennas mounted to the existing building (I.e.; 6 panel-type antennas mounted to the building facade), one ground- mounted GPS antenna in the ground-mounted equipment area, and ground-mounted equipment, and WHEREAS, on June 25, 2002, 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 resolve as follows: Section 1: The City Council finds that Conditional Use Permit 01-19 is exempt from the provisions of the California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section 15303(d) of the CEQA Guidelines, in that the project involves the installation of a small, new facility providing a utility extension to serve the surrounding area. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for CUP 01-19 to install a telecommunications facility on property located at 14445 Lake Poway Road in the PF zone are made as follows: A. The proposed location, size, design, and operating characteristics of the proposed telecommunications facility are 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 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. B. The location, size, design, and operation characteristics of the proposed telecommunications facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structure, or natural resources in that the facility has been designed, sited and screened such that it will not result in visual impacts to the surrounding community and it will comply with Federal Communication Commission (FCC) design and operational standards. Resolution No. P-02-33 Page 2 C. The proposed telecommunications facility is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the proposed facility functions as if it were ancillary equipment to the existing building. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed telecommunications facility. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the proposed telecommunications facility has been designed, sited, and screened such that it will not result in visual impacts to the surrounding community, and the facility will comply with FCC design and operational standards. F. 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 telecommunications facility is unmanned and will only require periodic maintenance, thereby generating minimal traffic. G. The site is suitable for the type and intensity of use or development which is proposed in that the proposed telecommunications facility will enhance telecommunications coverage in the business park area of the City. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed telecommunications facility is located on a developed property and does not involve the removal of natural habitat resources. I. There are no relevant negative impacts associated with the proposed telecommunications facility that cannot be mitigated in that the facility will comply with FCC design and operational standards. J. That the potential impacts, and the proposed location, size, design, and operating characteristics of the proposed telecommunications 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, sited, and screened such that it will not result in visual impacts, and will comply with FCC design and operational standards. K. The proposed telecommunications facility will comply with all the applicable provisions of Chapter 17.48 of the Poway Municipal Code 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. Section 3: The City Council hereby approves CUP 01-19 to install a telecommunications facility at the Poway Operation Center located at 14445 Lake Poway Road consisting of antennas mounted to the existing building, one ground mounted GPS antenna, and ground- Resolution No. P-02-33 Page 3 mounted equipment, as shown on the plans dated May 2, 2002, subject to the following conditions: A. 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 ordinances in effect at the time of building permit issuance. 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 manner as to interfere with the reasonable use and enjoyment of surrounding uses. D. The conditions of CUP 01-19 shall remain in effect for the life of the subject wireless telecommunications facility and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. CUP 01-19 may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to address concerns that may have been raised during the prior year. F. The applicant shall obtain a Building Permit prior to installation of the facility. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. A lease agreement between the applicant shall be executed to the satisfaction of the City Attorney. 2. A lot merger of parcels (APNs 278-431-37 and 278-431-36) shall be processed and approved by the Engineering Division. All applicable fees shall be paid by the applicant. 3. 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. 4. The specific materials used to create the paint and texture of the antennas shall be depicted on the building plans. The selected materials shall match, as closely as possible, the existing walls, to the satisfaction of the Director of Development Services and the Director of Public Works. 5. 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. Upon issuance of the building permit and installation of the facility, the Resolution No. P-02-33 Page 4 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 measurements 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 commence 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. 6. The antennas shall not be activated for use until a final inspection is conducted by the City. 7. A Right-of-Way Permit shall be obtained from the Engineering Division of the City's Development Services Department prior to performing any work within public street right-of-way or any City held easement and provide a $5,000 security to the satisfaction of the City Engineer. 8. Submit a request for and attend a pre-construction meeting with a City Engineering Inspector. The applicant/developer shall be responsible to ensure that all necessary individuals such as, but not limited to, contractors, subcontractors, project civil engineer and project soils engineer, attend the pre-construction meeting. 9. The building permit plans shall include a utility plan that shows the equipment layout. 10. Submit all required leasing documentation, including, but not limited to, insurance certificates and the annual rent check, to the satisfaction of the Department of Administrative Services and City Clerk, and obtain their authorization for issuance of a building permit. 11. Prior to energizing the switch gate, the applicant shall receive final approvals from the Administrative Services Department, Public Works Department, Fire Department, and Development Services Department (Planning, Engineering and Building Divisions). 12. For access to and from the project site, if other than through public streets or roads, the applicant is solely responsible for acquisition of access/road easements or agreements G. Prior to obtaining a final inspection on the building permits, the applicant shall comply with the following: Resolution No. P-02-33 Page 5 1. 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. H. Upon establishment of the wireless telecommunications facility, pursuant to CUP 01- 19, the following shall apply: 1. All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as specified by the Director of Public Works so as to minimize occurrences of dangerous conditions or visual blight. 2. 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 the noise standards contained in the Poway Municipal Code. 3. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 4. The operator of the facility shall be strictly liable for interference caused by their facilities with City telecommunications systems or other public agency emergency communication systems. The operator shall stop operations of 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 costs arising from third party claims against the City attributable to the interference. 5. The wireless telecommunications facility shall be operated in compliance with the terms and conditions of its lease contract with the City of Poway. 6. The wireless telecommunications 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 Resolution No. P-O2-33 Page 6 government. If there is any change in the manner in which the facility is operated, or change in the MPE, a report pursuant t.o Condition F.5 of this Resolution shall be submitted to the Director of Development Services for review and approval. The Director may also require an updated report as part of any review of this Conditional Use Permit. I. The operator shall not interfere with the operations of the City Operations Center, shall not block in City vehicles, equipment or materials, shall clean up and properly store all material and equipment used on the site and shall stop an and all activity for noncompliance with this permit if so directed in writing from the Director of Development Services or the Director of Public Works. Section 4: The owner of the wireless telecommunications facility shall remove all of the communication equipment, and associated structures, approved pursuant to this permit within 30 days of ceasing operation of the telecommunications facility. Section 5: The conditions of CUP 01-19 shall remain in effect for the term of the lease contract with the City of Poway. If long-term lease negotiations are not completed with the City by September 25, 2002, another telecommunications company may be allowed to negotiate a lease and abide by the CUP conditions. Section 6: The approval of CUP 01-19 shall expire on June 25, 2004 at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 25th day of June 2002. --...." / ~'l7~ . 7 .j. ~~ Michael P. Cafagna\Mayor , ATTEST: \: ~~. . í' ~ I ',:yd ¡ 1 MA.I I J. ~ 0 t L'L- Lori ;ð.nne Peoples, City Cle ¡ Resolution No. P-02-33 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-02-33, was duly adopted by the City Council at a meeting of said City Council held on the 25th day of June 2002, and that it was so adopted by the following vote: AYES: EMERY,GOLDBY,CAFAGNA NOES: REXFORD ABSTAIN: NONE ABSENT: HIGGINSON ~'I Oh.hJ~~p.fJu, Anne Peoples, City Clerk City of Poway M:lplanningl02reportlcuplcup 0119 res.doc