Res P-04-78
RESOLUTION NO. P-04-78
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 04-09
ASSESSOR'S PARCEL NUMBERS 317-820-07, 08 and 09
WHEREAS, Conditional Use Permit (CUP) 04-09 was submitted by Cingular
Wireless, Applicant, to install a telecommunications facility on a developed property
located at 13425 Poway Road in the Town Center (TC) zone, and;
WHEREAS, the proposed telecommunications facility consists of antennas
mounted to the existing building (I.e., 6 panel-type antennas mounted inside of
chimneys with antennas facing the east, west, and north), and equipment to be located
inside of the existing cupola, and;
WHEREAS, on October 12, 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 04-09 to install a telecommunications facility on property
located at 13425 Poway Road in the Town Center (TC) 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 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
located behind radio transparent material chimney extensions and will not be
visible to the public. The equipment enclosure will be located in a raised existing
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cupola. 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 chimney extensions on
an existing commercial 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.
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
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Page 3
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 04-09, to install a
telecommunications facility, consisting of 6 panel antennas mounted behind a radio
transparent fa98de of chimneys, and an equipment enclosure, which will be located in
an existing cupola, at 13425 Poway Road as shown on the plans dated August 12,
2004, 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 04-09 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 04-09 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 Building Permit issuance.
2. The site shall be developed in accordance with the approved plan on file
in the Development Services Department (dated August 12, 2004) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
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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. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. A 2A:10BC fire extinguisher must remain in place in the equipment
storage area. The location to be approved by the Fire Marshal.
H. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 04-09, 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.
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Page 5
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 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.4 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 04-09 shall expire on October 12, 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-04- 78
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PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 12th day of October 2004.
ATTEST:
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-04-78 , was duly
adopted by the City Council at a meeting of said City Council held on the 12th day of
October 2004, and that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY