Res P-06-62
RESOLUTION NO. P-06-62
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT (CUP) 06-10
ASSESSOR'S PARCEL NUMBER 321-110-24
WHEREAS, Conditional Use Permit (CUP) 06-10 was submitted by Jim Kennedy
(for T-Mobile), Applicant, to install a telecommunications facility at 15101 Mina De Oro
Road, in the Rural Residential A (RR-A) zone; and
WHEREAS, the proposed telecommunications facility consists of antennas to be
mounted in a 35-foot faux broad leaf tree, with ancillary ground-mounted equipment, near
the access way to the residence; and
WHEREAS, on December 19, 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 new, small,
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 06-10 to install a telecommunications facility on the property located at
15101 Mina De Oro Road, in the RR-A 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 and sited 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. 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
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facility will be located in a rural hillside area and will look like a large tree on an
existing residential property.
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
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 06-10 to install a telecommunications
facility which consists of twelve panel antennas mounted on a monopole "trunk" within the
supporting branch and leaf structure of a 35-foot-high faux tree, with associated equipment
cabinets in an enclosure, on a developed residential property at 15101 Mina De Oro Road,
as shown on the plans dated September 18, 2006, subject to the following conditions:
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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 06-10 shall remain in effect for the life ofthe 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 06-10 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 and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
(Planning)
3. A $3,000 deposit shall be submitted 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 of an
Independent Consultant to review the report, as determined by the Director of
Development Services. The applicant shall be responsible for the cost of any
studies required pursuant to this condition.
4. The antennas shall not be activated for use until the Building Division
conducts a final inspection.
5. The Building Permit plans shall include a utility plan that shows the
equipment layout.
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6. The specific materials used to paint the antennas and equipment shall
be depicted on the building plans, and shall be to the satisfaction of the
Director of Development Services.
7. The applicant shall submit a trenching plan for approval by the Director of
Development Services. Any trenching for utility cables shall be conducted in
the existing developed or disturbed areas on-site, contained within. and
immediately adjacent to the telecommunications facility, so no habitat will be
disturbed and no trees removed. All existing trees shall be protected in
place. The trees, including the roots, shall not be removed or damaged by
the installation of this telecommunications facility. The trenching plan shall
note the location of any existing trees within 100 feet.
(Engineering)
8. The applicant shall obtain a City Right-of-Way Permit from the Engineering
Division of the Development Services Department, and shall re-furbish
portions of Mina De Oro Road, to the satisfaction of the City Engineer. Prior
to beginning any work, the applicant shall field review the above-mentioned
locations with City Engineering staff, to establish the specific limits of the
refurbishment.
G. Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1. Maintain emergency vehicle access to the site at all times.
H. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 06-10, 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 include a
statement as to compliance with the FCC's Maximum Permissible Exposure
(MPE). The format of this report shall conform to City requirements. The
intent of the report is to measure the actual 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 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
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Page 5
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
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 H.1 of this Resolution shall be submitted to the
Director of Development Services for review and approval. The Director
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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.
.
8. Any service light shall only be operated when maintenance is being
performed on the equipment. The service light shall be adequately
shielded and directed away from adjacent residential uses or roadways. The
service light(s) shall be on a timer.
Section 4: The owner of the 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 06-10 shall expire on December 19. 2008. 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 19th day of December 2006.
ATTEST:
~Ju~~~ ~~'QQjJ
Sherrie D. Worrell, Deputy City Clerk
Resolution No. P-06-62
Page 7
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-06-62. was duly adopted by the
City Council at a meeting of said City Council held on the 19th day of December 2006. and
that it was so adopted by the following vote:
AYES:
EMERY, HIGGINSON, CAFAGNA
NOES:
NONE
ABSENT:
BOYACK,REXFORD
DISQUALIFIED:
NONE
I0.J/tl.iJ/Lt f lOl]dU~
Sherrie D. Worrell, Deputy City Clerk
City of Poway