Res P-06-56
RESOLUTION NO. P-06-56
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 06-20
ADJACENT TO ASSESSOR'S PARCEL NUMBER 277-181-22
WHEREAS, Minor Development Review Application (MDRA) 06-20 was submitted
by SRES, Inc. (for CingularWireless), Applicant, to install a telecommunications facility with
the antennas on a streetlight pole located in the public right-of-way, and ground mounted
equipment in an underground vault, on the north side of Espola Road, east of Cloudcroft
Drive, adjacent to the Planned Community (PC) zone; and,
WHEREAS, the proposed telecommunications facility consists of three (3) panel
antennas mounted on the north, west and east sides of a replacement streetlight pole; and,
WHEREAS, on November 14, 2006, 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 Chapter 17.52 ofthe Poway Municipal Code,
for MORA 06-20 to install a telecommunications facility in the right-of-way located on the
north side of Espola Road, east of Cloudcroft Drive, adjacent to the Planned Community
(PC) 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 17.52
of the Poway Municipal Code (Development Review 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 use will comply with the
Federal Communications Commission (FCC) design and operational standards.
Resolution No. P-06-56
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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 the streetlight and will not exceed the height of the
streetlight.
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 that 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 17.52 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 MDRA 06-20 to install a
telecommunications facility, which consists of three panel antennas mounted on a
replacement street light pole and associated equipment cabinets in an underground vault,
Resolution No. P-06-56
Page 3
in the right-of-way on the north side of Espola Road, east of Cloudcrofl Drive, as shown on
the plans dated July 26, 2006, subject to the following conditions:
A. Approval of this MDRA 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 MDRA 06-20 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. The applicant shall enter into a Master Communications Site License Agreement,
with the City of Poway prior to issuance of a Right-of-Way Permit. This Agreement
will be prepared and agreed to, by the City Attorney and the City Council.
F. The applicant shall obtain a Right-of-Way Permit prior to performing any work within
the public street right-of-way. Prior to the issuance of a Right-of-Way Permit, the
applicant shall comply with the following:
1. The applicant shall obtain a Building Permit for electrical and structural
portions of the new pole installation. 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 and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
3. The specific materials used to create the paint and texture of the antennas
shall be depicted on the Right-of-Way Permit plans. The selected materials
shall match, as closely as possible, to the satisfaction of the Director of
Development Services and the Director of Public Works.
4. Submit to the City for review the street light plans, specifications, structural
calculations and plan check fees.
(Engineering)
5. Obtain a Right-of-Way Permit prior to performing any work within the public
street right-of-way or any City held easement from the Engineering Division
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of the Development Services Department. The permit application shall
include:
a. A copy of the contractor's "A" license.
b. A copy of a $1 million insurance certificate, with the City of Poway
named as certificate holder and additional insured. Insurance
certificate to include an Additional Insured Endorsement.
c. Proof of Workman's Compensation Insurance and auto liability.
d. Detailed and scaled traffic control plan for all phases of work.
e. Construction plan, cost estimate, schedule, and description of work.
f. OSHA Trenching Permit for any trench over five feet in depth.
g. Fees and security deposit. The permit fee is $50.00. The amount of
secu rity to be posted shall be based on 10% of the construction cost
estimate, or $5,000 cash, whichever is the greater amount.
6. The applicant shall attend a pre-construction meeting, at which time he shall
present an Action Plan that identifies measures to be implemented during
construction to address erosion, sediment, and pollutant control. Compliance
for erosion control shall be provided using one or more of the following
guidelines:
a. Provide an onsite de-silting basin with a volume based on 3,600 cubic
feet per tributary acre drained during any earthwork operations.
b. Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains three (3) inches of
water over all flat areas prior to discharge, effectively creating a
de-silting basin from the pad.
7. Erosion control, including, but not limited to, a de-silting basin, shall be
installed and maintained by the applicant throughout construction of the
project.
(Public Works)
8. The replacement light pole and mast arm must match existing lighting
standards exactly, as determined by the Director of Development Services
and the Director of Public Works. Replacement installation shall be
coordinated with the Public Works Department.
9. All power wiring for the streetlight cannot be commingled in anyway with the
telecommunications facility power. The existing power connection must be
maintained independent of the power source for the telecommunications
facility.
10. Grounding of the streetlight pole shall conform to and not conflict with San
Diego Regional Drawings requirements.
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11. Prior to removal of the existing streetlight, applicant shall contact the Public
Works Coordinator in the Public Works Department.
(Planning)
12. A $3,000 deposit shall be submitted to the Planning Division of the
Development Services Department to ensure completion of the required
Confirming Radio Frequency (RF) Report, as specified in Condition of
Approval H.1 below. The deposit shall also be used to cover the costs for an
Independent Consultant to review the report, as deemed necessary by the
Director of Development Services.
13. All plans shall include a utility plan that shows the equipment layout.
G. Compliance with the following conditions is required prior to the final inspection on
the Encroachment or Right-of-Way Permit
(Planning)
1. Ground equipment must be screened by landscaping and painted dark
green.
2. The antennas shall not be activated for use until the Development Services
and Public Works Departments conduct a final inspection.
3. Any landscaping removed or damaged by the project shall be replaced in-
kind.
(Engineering)
4. The applicant shall repair any and all damages to the private and public
streets caused by construction activity from this project, to the satisfaction of
the City Engineer.
(Public Works)
5. Replacement light pole and mast arm must match existing lighting standards
exactly.
H. Upon establishment of the wireless telecommunications facility, pursuant to
MDRA 06-20, the following shall apply:
1. Within 30 days of the commencement of operation of the antennas, the
operator shall submit a report, prepared by a qualified professional, that
specifies the actual RF levels within 500 feet of the facility and includes a
statement as to compliance with the FCC's MPE. The format of this report
shall conform to City requirements. The intent of the report is to measure
exposure levels at the location after the facility is in operation and shall
include the cumulative RF levels of all the telecommunications facilities at the
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subject site. 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.
If that analysis determines the MPE levels are exceeded, the operator shall
cease operation immediately. Modifications shall be made to the facility and
the operator shall conduct a second confirming RF report of the MPE levels.
Full operation of the facility shall not be allowed until the Director of
Development Services has determined that the facility is in compliance with
the Federal guidelines. The City may conduct an independent verification of
the results of the analysis provided by the operator, to be paid for by the
applicant.
Upon demonstration, to the satisfaction of the Development Services
Department, that the telecommunications installation is in compliance with
all Federal Guidelines, any balance remaining from the security deposit shall
be refunded to the applicant, upon written request by the applicant.
2. 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.
3. 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.
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
the facility with City telecommunications systems or other public agency
emergency communication systems. The operator shall stop operations
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 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
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facilities shall produce, at any time, power densities within 500 feet of the
facility that exceed the FCC's 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.
7. If there is any change in the operating characteristics of the facility, a report
pursuant to Condition 1.1 of this Resolution shall be submitted to the
Director of Development Services for review and approval. The Director
may also require the operator to prepare an updated RF report, and pay
for a third-party review of that report, as part of any review of this
Conditional Use Permit.
(Engineering)
8. A Right-of-Way Permit is required for periodic routine maintenance. The
permit can be obtained at the Engineering Division counter in the
Development Services Department.
(Public Works)
9. Existing irrigation lines or patterns shall not be modified in the right-of-way.
10. Cingular Wireless and/or its Representatives shall provide adequate notice to
the Public Works Department prior to accessing the site.
11. Maintenance of the streetlight pole shall be to the satisfaction of the Director
of Public Works.
Section 4: The owner of the telecommunications facility shall remove all of the
communication equipment, and associated communication structures, approved pursuant
to this permit within 60 days of ceasing operation of the telecommunications facility. The
streetlight pole installed with this application shall remain in place and in operation if the
telecommunications facility is remove. The City of Poway will retain ownership of all
portions of the streetlight pole.
Section 5: The approval of MDRA 06-20 shall expire on November 14. 2008. at 5:00
c.m., unless, prior to that time, a Building Permit has been issued and construction on the
property in reliance on the MDRA approval has commenced prior to its expiration.
Resolution No. P-06-56
Page 8
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 14th day of November 2006.
ATTEST:
a~:~
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-06-56 was duly adopted by the
City Council at a meeting of said City Council held on the 14th day of November 2006,
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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City of Poway