Res P-05-39
RESOLUTION NO. P-05-39
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 96-09M
ASSESSOR'S PARCEL NUMBER 314-371-21
WHEREAS, Conditional Use Permit (CUP) 96-09M was submitted by Meridian
Telecom (for Verizon), Applicant, as an update to the previously approved Conditional
Use Permit for an existing telecommunications facility on the Pomerado water tank
located at 12700 Sagecrest Drive, in the Planned Community (PC) zone. The update
would add conditions of approval to the project, which are currently required for new
telecommunications installations; and
WHEREAS, the existing telecommunications facility consists of eight panel
antennas mounted on the water tank and associated equipment in an enclosure; and
WHEREAS, on May 31, 2005, 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 1 Categorical
Exemption from the California Environmental Quality Act (CEQA), pursuant to Section
15301 of the CEQA Guidelines, in that the project consists of the operation of an
existing telecommunications facility and involves negligible or no expansion of an
existing use.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code, for CUP 96-09M to update the existing CUP application and conditions
of approval for an existing telecommunications facility on the Pomerado water tank,
located at 12700 Sagecrest Drive, in the Planned Community (PC) zone, are made as
follows:
A. The existing location, size, design, and operating characteristics of the existing
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 existing
telecommunications facility is compatible with and will not adversely affect or
be materially detrimental to adjacent uses, residents, buildings, structures, or
Resolution No. P-05-39
Page 2
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 are
located on exterior of the water tank and will not be readily visible to the public.
The equipment is 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 existing telecommunications facility is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the
existing facility is located on an existing reservoir and does not exceed the height
of the reservoir. The equipment enclosure is located adjacent to the reservoir
fenci ng.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the existing telecommunications facility.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the existing 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 existing 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, in that the
existing 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 existing 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 existing
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 existing location, size, design, and operating
characteristics of the 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-05-39
Page 3
K. The existing 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 96-09M, an update to the
previously approved Conditional Use Permit for an existing telecommunications facility
on the Pomerado water tank, at 12700 Sagecrest Drive, by modifying the conditions of
approval as shown on the plans dated March 10, 2005, 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.
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 96-09M 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 96-09M may be subject to annual review, including any necessary fees, 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. Applicant shall comply with all terms of the Letter of Agreement with the City of
Poway dated March 14, 2005, and all subsequent extensions thereof.
G. The applicant shall obtain a Building Permit prior to installation of any new faCility
or change in equipment or change in antenna. 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.
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Page 4
2. The site shall be developed in accordance with the approved plan on file
in the Development Services Department (dated March 10, 2005) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
(Engineering)
3. 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 easements.
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.
(Planning)
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, including any cumulative impacts of surrounding
telecommunications facilities. 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.
(Public Works)
6. Install a Myers Power Pedestal in a location specified by the Public Works
Department.
7. Paving shall be installed from the entrance to the water tank and around
the access way of the tank, per requirement of Public Works Program
Coordinator or the Public Works Department
H. The applicant shall comply with the following fire safety requirements to the
satisfaction of the Fire Marshal:
1. Provide at least one fire extinguisher with a minimum rating of 3A:40BC.
Resolution No. P-05-39
Page 5
I. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 96-09M, 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. to 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. Any service light shall only be operated when maintenance is occurring on
the equipment. Service light shall be adequately shielded and directed
downward to prevent light spillage on adjacent residential uses or
roadways.
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
Resolution No. P-05-39
Page 6
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 96-09M shall expire on May 31, 2007, 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 31 st day of May 2005.
ATTEST:
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Resolution No. P-05-39
Page 7
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No.P-05-39, was duly adopted by the
City Council at a meeting of said City Council held on the 31st day of May 2005, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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L. Diane Shea, City Clerk
City of Poway