Res P-09-35
RESOLUTION NO. P-09-35
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 09-03
ASSESSOR'S PARCEL NUMBER 314-212-07
WHEREAS, Conditional Use Permit (CUP) 09-03 was submitted by Real Estate
Consultants for Cox Communications, Applicant/Parma Property Company, Inc., Owner, to
legalize the use and location of an existing telecommunications switching station located in
Old Poway at 14016 Midland Road, in the Commercial General (CG) zone and the Old
Poway Specific Plan area, and;
WHEREAS, on October 6, 2009, 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: CUP 09-03 is Categorically Exempt from the California Environmental Quality
Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA
Guidelines, in that the project involves no significant alteration in the use of an existing
facility.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC), for CUP 09-03 for a telecommunications switching station located at 14016
Midland Road, in the Commercial General zone and the Old Poway Specific Plan area, are
made as follows:
A. The proposed location, size, design, and operating characteristics of the
telecommunications switching station are in accord with the title and purpose of
Chapter 17.48 PMC (Conditional Use Permit Regulations), the City's General Plan,
and the development policies and standards of the City, in that the site is
designated Commercial General and telecommunication switching stations are
allowed with the approval of a Conditional Use Permit.
B. The location, size, design, and operating characteristics of the telecommunications
switching station will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, buildings, or structures in that the use will
be located within an existing commercial area adjacent to another switching facility,
it will not increase the intensity of use in the surrounding area, and adequate
parking is available.
C. The telecommunications switching station is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the use will
be located within an existing commercial building.
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Page 2
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the telecommunications switching station.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics In that the telecommunications switching station can be
accommodated wholly within the parcel, and there are adequate parking facilities to
serve the existing telecommunication facility.
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 level of service of the streets in the area is at an acceptable level
and the telecommunications facility, as an uninhabitable structure, generates less
than 200 vehicle trips per week.
G The site is suitable for the type and intensity of use or development that is proposed
in that all the telecommunications switching will occur within the existing and
proposed new building.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the telecommunications switching station will be located within the
existing and proposed new building and will not impact natural habitat resources.
I. The potential impacts, and the proposed location, size, design and operating
characteristics of the telecommunications switching station will not be materially
injurious to properties or improvements in the vicinity, nor be contrary to the
adopted General Plan, in that the use will operate within an existing
telecommunications and proposed new buildings and will not increase the intensity
of use in the surrounding commercial area.
Section 3: The City Council hereby approves CUP 09-03, for an existing
telecommunications switching station located in Old powayat 14016 Midland Road, in the
Commercial General zone, as shown on the plans dated August 27, 2009, subject to the
following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents, officers,
or employees, relating to the issuance of this permit, including, but not limited to,
any action to attack, set aside, void, challenge, or annul this development approval
and any environmental document or decision. The City may elect to conduct its
own defense, participate in its own defense, or obtain independent legal counsel in
defense of any claim related to this indemnification. In the event of such election,
applicant shall pay all of the costs related thereto, including without limitation
reasonable attorney's fees and costs. In the event of a disagreement between the
City and applicant regarding litigation issues, the City shall have the authority to
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Page 3
control the litigation and make litigation related decisions, including, but not limited
to, settlement or other disposition of the matter. However, the applicant shall not be
required to payor perform any settlement unless such settlement is approved by
applicant.
B. Approval of this CUP shall apply only to the subject project and shall not waive
compliance with the conditions of MDRA 96-52R approval, and all sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the time of
Building Permit issuance.
C. Within 30 days of the date of this approval, the applicant shall submit in writing that
all conditions of approval have been read and understood.
D 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.
E. The conditions of CUP 09-03 shall remain in effect for the life of the subject
telecommunications switching station, and shall run with the land and be binding
upon future owners, successors, heirs, and transferees of the current property
owner.
F The applicant shall obtain a Building Permit prior to construction and 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 Electrical/Building Permit issuance.
2. The site shall be developed in accordance with the approved plans on file in
the Development Services Department (dated August 27, 2009) and the
conditions contained herein. Tenant improvement plans incorporating all
conditions of approval shall be submitted to the Building Division for review
and approval. During this review process, the tenant improvement plans
shall be routed to the Fire Marshal for review and approval. A final
inspection from the appropriate City departments will be required.
G. Prior to Final Inspection, the applicant shall comply with the following:
(Planning)
1. The building exterior and wood screening fence shall be repainted in
accordance to the color scheme submitted to and approved by the Director of
Development Services.
2. The building parapet shall be constructed in a color and design consistent
with the approved plans on file in the Development Services Department
(dated August 27, 2009).
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3. The parcel shall be re-Iandscaped in accordance with the approved plans on
file in the Development Services Department (dated August 27, 2009).
4. The applicant shall annex into Poway Lighting District Zone A, currently at
$15 per year, and Zone C, currently at $13.58 year.
5 The following fire safety requirements shall be completed, to the satisfaction
of the Fire Marshal:
a. Roof covering shall be fire retardant as per California Building Code
and City of Poway Ordinance NO.64.
b The building shall display a numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be
6 inches on the front fal(ade of the building. Building address shall
also be displayed on the roof in a manner satisfactory to the Director
of Safety Services, and meeting the Sheriff's Dept. - ASTREA criteria.
c. A "Knox" Security Key Box shall be required for the building at a
location determined by the City Fire Marshal.
d. Fire Department access for the use of firefighting equipment shall be
provided to the immediate job construction site at the start of
construction and maintained at all times until construction is complete.
e. Permanent access roadways for fire apparatus shall be designated as
"Fire Lanes", with appropriate signs and curb markings.
f. Minimum 3A:40:BC fire extinguisher required for every 3,000 square
feet and 75 feet of travel distance.
g. Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building.
h. An Emergency Contingency Plan and Hazardous Materials Disclosure
shall be filed with the County of San Diego Department of Health; with
copies provided to the Poway Safety Services Department.
L N.F.PA Standard 704 Hazardous Materials Labeling shall be
provided as necessary throughout the building.
H. Upon establishment of the telecommunications switching facility pursuant to CUP
09-03, the following shall apply:
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1. Any signs proposed for the use shall be designed and approved In
conformance with the Sign Ordinance and the Old Poway Specific Plan.
2. All exterior lighting shall be low-pressure sodium and designed so that light
emitted from the fixtures is directed away from adjoining properties. Per
Section 17.10.150 of the PMC all outdoor light fixtures including, but not
limited to, illuminated signage, decorative building or landscape lighting, and
parking lot lighting shall be turned off between the hours of 11 :00 p.m. and
sunrise, except when used for security purposes.
3. The facility shall be operated in such a manner as to minimize any possible
disruption caused by noise, and shall comply with the noise standards
contained in Chapter 8.08 of the PMC.
4. All landscaping on-site and within the adjacent public right-of-way shall be
adequately installed, irrigated, and permanently and fully maintained at all
times in accordance with the requirements of the Poway Guide to Landscape
Requirements.
5. The conditions of CUP 09-03 shall remain in effect for the life of the subject
telecommunications switching facility, and shall run with the land and be
binding upon future owners, successors, heirs, and transferees of the current
property owner.
6. CUP 09-03 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.
Section 4: The approval of CUP 09-03 shall expire on October 6, 2011, at 5:00 p.m.,
unless the applicant has obtained a Building Permit pursuant to this approval prior to the
expiration date.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 6th day of October 2009.
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STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-09-35, was duly adopted by the
City Council at a meeting of said City Council held on the 6th day of October 2009, and
that it was so adopted by the following vote:
AYES BOYACK, CUNNINGHAM, REXFORD
NOES: NONE
ABSENT: HIGGINSON, KRUSE
DISQUALIFIED: NONE
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. Troyan, MMC, C' Y Clerk
Poway