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Res P-04-21 -- RESOLUTION NO. P-04-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 03-12 ASSESSOR'S PARCEL NUMBER 275-231-15 WHEREAS, Conditional Use Permit (CUP) 03-12 was submitted by Cingular Wireless, Applicant, to install a telecommunications facility on a developed property located at 12708 Stone Canyon Road in the Residential Single-Family 2 (RS-2) zone, and; WHEREAS, the proposed telecommunications facility consists of antennas mounted to the existing building (I.e.; 12 panel-type antennas mounted to the west, east, and north facades), and equipment to be located in an existing attic space, and; WHEREAS, on March 23, 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 03-12 to install a telecommunications facility on property located at 12708 Stone Canyon Road in the Residential Single-Family (RS-2) 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 antennas will be Resolution No. P-O4-21 Page 2 located behind radio transparent material facade extensions and will not be visible to the public. The equipment enclosure will be located in an existing attic space. The use will comply with Federal Communications Commission (FCC) design and operational standards. The facility is unmanned and will not create traffic impacts. 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 behind radio transparent facade extensions on an existing church 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 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. Resolution No. P-O4-21 -- Page 3 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 03-12 to install a telecommunications facility consisting of 12 panel antennas, mounted behind a radio transparent facade, and the equipment enclosure will be located in an existing tenant space at 12708 Stone Canyon Road, as shown on the plans dated December 19, 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 03-12 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 03-12 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 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. 2. The site shall be developed in accordance with the approved plan on file in the Development Services Department (dated December 19, 2003) and the conditions contained herein. A final inspection from the appropriate City Departments will be required. Resolution No. P-O4-21 --- Page 4 3. The specific materials used to create the paint and texture of the radio transparent material to hide the antennas shall be depicted on the building plans. The selected building and roofing materials shall match, as closely as possible, the existing walls and roof, to the satisfaction of the Director of Development Services. 4. 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 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. 5. The antennas shall not be activated for use until a final inspection is conducted by the City. 6. 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 03-12, 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. Resolution No. P-04-21 - Page 5 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 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 FA 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 wireless 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 03-12 shall expire on March 23, 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. Resolution No. P-O4-21 - Page 6 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 23rd day of March 2004. ATTEST: lit -ลก*o~ßM ø She rie D. orrell, Deputy City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) -- I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-O4- 21 ,was duly adopted by the City Council at a meeting of said City Council held on the 23rd 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 ~ a fJJJu2/l Sherrie D. Worrell, Deputy City Clerk City of Poway .- ...-