Res P-04-18
RESOLUTION NO. P-04-18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03-14
ASSESSOR'S PARCEL NUMBER 314-040-09
WHEREAS, Conditional Use Permit (CUP) 03-14 was submitted by Sprint,
Applicant, to install a telecommunications facility at the Abraxas High School site located
at 12450 Glen Oak Road in the Public Facilities (PF) zone, and;
WHEREAS, the proposed telecommunications facility consists of up to three panel-
type antennas mounted to the exterior of a replacement light polelfixture, with ancillary
ground mounted equipment, in the parking lot at the Abraxas High School site, and;
WHEREAS, on March 16, 2004, 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, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15303 of the CEQA Guidelines, in that the project involves the installation of a small, new
telecommunications facility providing a utility extension to serve the surrounding areas.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for CUP 03-14 to install a telecommunications facility at the Abraxas High School site
in the Public Facilities (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 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 operating characteristics of the proposed
telecommunications facility will be compatible with and will not adversely affect or
be materially detrimental to adjacent uses, residents, buildings, structures, or natural
resources in that the facility has been designed and sited such that it will not result
in visual impacts to the surrounding community. The use will comply with Federal
Communications Commission (FCC) design and operational standards. The facility
is unmanned and will not create traffic impacts.
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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 will be located on a replacement parking light pole/fixture.
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 a visual impact 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 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 and sited 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 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 03-14 to install a telecommunications
facility consisting of up to three panel-type antennas mounted to a replacement parking lot
light pole/fixture, and ancillary ground mounted equipment in an enclosure, at the Abraxas
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High School site at 12450 Glen Oak Road, as shown on the plans dated November 7,
2003, 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: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and (2) the property
owners shall execute a Covenant Regarding Real Property.
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 03-14 shall remain in effectforthe life ofthe 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 03-14 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. The applicant shall submit a letter from the Poway Unified School District
(PUSD) acknowledging that the project plans have been reviewed by the
PUSD, and stating whether the project will require Department of the State
Architect (DSA) approval. If DSA approval is required, the applicant shall
obtain approval from the DSA and provide documentation of that approval to
the City, before submittal of the City building permit application.
2. 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.
3. The facility cannot utilize the traffic signal as a source of power. Plans
submitted with the building plan check submittal shall be revised accordingly.
4. The site shall be developed in accordance with the approved plan on file in
the Development Services Department (dated November 7, 2003) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
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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
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 ofthese 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. The Building Permit plans shall include a utility plan that shows the
equipment layout.
G. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 03-14, 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 soon as reasonably possible 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
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Page 5
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 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 government. 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.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.
Section 4: The owner of the telecommunications facility shall remove all of the
communication equipment, and associated structures, approved pursuant to this permit
within 60 days of ceasing operation of the telecommunications facility.
Section 5: The approval of CUP 03-14 shall expire on March 16, 2006, 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 16th day of March 2004.
ATTEST:
~-I~
Sherrie D. Worrell, Deputy City Clerk
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STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk ofthe City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-04-18, was duly adopted by the
City Council at a meeting of said City Council held on the 16th day of March 2004, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE