Res P-04-88
RESOLUTION NO. P-04-88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 04-08
ASSESSOR'S PARCEL NUMBER 317-680-36
WHEREAS, Conditional Use Permit (CUP) 04-08 was submitted by Delta Groups
Engineering (for Sprint PCS), Applicant, to install a telecommunications facility on an
existing water reservoir (Celestial Reservoir) located at 13472 Celestial Road, in the
Residential Single-Family 4 (RS-4) zone; and
WHEREAS, the proposed telecommunications facility consists of six antennas, in
3 groups of two, on the exterior of the reservoir and a 10-foot by 15-foot equipment
enclosure; and
WHEREAS, on November 9, 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 04-08 to install a telecommunications facility on property
located at 13472 Celestial Road in the Residential Single-Family 4 (RS-4) 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
,
Resolution No. P-04-88
Page 2
mounted on the reservoir and will not be readily visible to the public. The
equipment will be located inside of an equipment enclosure. 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 on an existing reservoir and will not exceed the
height of the reservoir. The equipment enclosure will be located inside of the
existing fencing around the reservoir and will not be readily visible to the public
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-04-88
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 04-08, to install a
telecommunications facility consisting of six antennas, in 3 groups of two, on the
exterior of the reservoir and a 10-foot by 15-foot equipment enclosure, on a developed
property at 13472 Celestial Road, as shown on the plans dated August 17, 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
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 04-08 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 04-08 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 17, 2004) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
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(Engineering)
3. A Right-of-Way permit shall be obtained from the Engineering Division of
the Development Services Department prior to performing any work within
the public right-of-way or a City held easement.
4. 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.
(Public Works)
5. Applicant shall schedule and attend a pre-construction meeting with the
Public Works Inspector prior to Building Permit issuance.
6. The selected materials and paint color shall be depicted on the building
plans and shall match the existing water tank, to the satisfaction of the
Director of Development Services and Public Works Department.
7. The antennas shall not extend above the edge of the reservoir.
(Planning)
8. The applicant shall enter into a Lease Agreement, prepared and agreed
to, by the City Attorney and City Council.
9. 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.
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10. The antennas shall not be activated for use until the City conducts a final
inspection,
11. 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: 1 OBC fire extinguisher must remain in place in the equipment
enclosure. The location to be approved by the Fire Marshal.
H. Compliance with the following conditions is required prior to the final inspection.
1. Specific areas of paving shall be repaired or replaced per requirement of
the Public Works Program Coordinator of the Public Works Department.
2. Seal coating of access driveway and road around the tank shall be
installed, after replacement or repair of paving, to the satisfaction of the
Public Works Department.
3. The perimeter fence on the west side of the reservoir shall be relocated
and extended to the west, to the top of the slope, and on the inside of
existing trees. The fence shall be connected to the other perimeter fence
lines on the north and south property lines. Remove dead growth on the
ground near future west fence line prior to installation of fencing. The
fence shall be constructed of 6-foot-high chain link. Coordinate with
Public Works for the exact location of fencing and connection points.
4. The applicant shall repair any and all damages to private and public
streets caused by construction activity from this project to the satisfaction
of the City Engineer.
I. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 04-08, 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 6
on weekday nights. At no time shall equipment noise from any source
exceed the noise standards contained in the poway Municipal Code.
3. Service lighting shall only be operated when equipment is being serviced
and shall include a timer to ensure that the light is not left on after repairs
are completed. Service lighting shall be directed downward and
adequately shielded to reduce any potential light spillage on adjacent
residential uses.
4. 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.
5. The operator of the facility shall be strictly liable for interference caused by
their facility 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.
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
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.
7. 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 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.
Resolution No. P-04-88
Page 7
Section 5: The approval of CUP 04-08 shall expire on November 9, 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 9th day of November 2004.
ATTEST:
Bunch, Interim City Clerk
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 NoP04-88 , was duly
adopted by the City Council at a meeting of said City Council held on the 9th day of
November 2004, and that it was so adopted by the following vote:
AYES:
GOLDBY, HIGGINSON, CAFAGNA
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
EMERY, REXFORD
Jea Bunch, Interim City Clerk
Cit of Poway