Res P-02-73RESOLUTION NO. P-02-73
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-08(M)3
ASSESSOR'S PARCEL NUMBER 323-491-03 and 323-091-06
WHEREAS, Conditional Use Permit 00-08(M)3 was submitted by AT&T Wireless
Communications, Applicant, to install a telecommunications facility at the Buehler Reservoir
site located at 14350 Danielson Street in the South Poway Business Park in the Planned
Community (PC) zone, and
WHEREAS, the telecommunications facility consists of ground-mounted equipment
within an enclosure, 6 panel-type antennas flush mounted to the water tank exterior, and
one GPS antenna in the equipment area, and
WHEREAS, the City Council previously approved CUP 00-08 on September 26,
2000, which authorized up to three different telecommunications providers to be sited at
the Buehler Reservoir site, and
WHEREAS, Conditional Use Permit 00-08(M)3 involves a proposal for a fourth
telecommunications provider and requires City Council approval, and
WHEREAS, on December 3, 2002, 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, the City Council does hereby resolve as follows:
Section 1: The City Council finds that Conditional Use Permit 00-08(M)3 is exempt from
the provisions of the California Environmental Quality Act (CEQA), as a Class 3 Categorical
Exemption, pursuant to Section 15303(d) of the CEQA Guidelines, in that the project
involves the installation of a small, new facility providing a utility extension to serve the
surrounding area.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for CUP 00-08(M)3 are made as follows:
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 purpose of
the PC zone, the City 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.
The location, size, design, and operation characteristics of the proposed
telecommunications facility will be compatible with, and will not adversely affect or
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be materially detrimental to, adjacent uses, residents, buildings, structures, or
natural resources in that the facility has been designed, sited, and screened such
that it will not result in visual impacts to the surrounding community, and it will
comply with Federal Communication Commission (FCC) design and operational
standards.
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 functions as if it were ancillary equipment to the existing operations.
There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed telecommunications facility.
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 visual impacts to the surrounding
community, and the facility will comply with FCC design and operational standards.
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.
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 business park area of the City.
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.
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.
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, sited, and screened such that it
will not result in visual impacts, and will comply with FCC design and operational
standards.
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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, sited, and screened such that it will not result in visual impacts, and
will comply with FCC design and operational standards.
Section3: The City Council hereby approves CUP 00-08(M)3 to install a
telecommunications facility at the Buehler Reservoir site located at 14350 Danielson Street
consisting of ground-mounted equipment in an enclosure, 6 panel-type antennas flush
mounted to the existing water tank, and one GPS antenna in the ground-mounted
equipment area, as shown on the plans dated September 27, 2002, subject to the following
conditions:
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.
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.
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.
The conditions of CUP 00-08(M)3 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.
CUP 00-08(M)3 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.
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:
A lease agreement between the applicant shall be executed to the
satisfaction of the City Attorney.
Three sets of revised project plans shall be submitted to the Planning
Division for inclusion into the project file. The set of plans shall be revised to
be internally consistent, and show the following:
a. The existing chain link fence will remain in its current location.
3,
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The location of all existing utility, electrical, water, etc.,
lines in the circular driveway around the water tank.
Placement of the AT&T utility lines in the circular driveway
around the water tank (situated such that there are no conflicts
with existing installations).
Indicate the method for attachment of the antennas to the tank
exterior. Welding shall not be permitted. (The method is
subject to the review and approval of the Director of Public
Works).
eo
Indicate that screening slats, which are earth tone in color, will
be installed in the chain link fence enclosure for the proposed
equipment.
Indicate the type and color of block to be used for construction
of the proposed retaining wall (the block is to be earth tone in
color).
The site plan, as submitted for review of this CUP application, does not
indicate grading to be performed in conjunction with the construction of a
telecommunication facility and appurtenances at the project site. Therefore,
prior to Building Permit issuance, the applicant shall submit a certification
letter to the Engineering Division of the City's Development Services
Department, issued by a California registered Civil Engineer, certifying that
no grading of more than 50 cubic yards, or earth fill greater than one foot in
depth, or cut greater than two feet deep, shall be performed to complete the
project. Otherwise, a grading plan shall be prepared and submitted to the
City for review and approval. Grading permit fee, plan check fee,
geotechnical fee, and inspection fee shall be paid and grading securities
posted prior to start of grading operation.
Prior to Building Permit issuance, the applicant shall provide the City with
documentation that it has access easement or agreement from a publicly
maintained road to the project site.
Landscape screening shall be provided adjacent to the ground-mounted
equipment prior to the facility being put into operation. A detailed
landscape/irrigation plan, and applicable review fees, shall be submitted to
the Planning Department for review and approval.
10.
11.
12.
13.
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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.
The specific materials used to create the paint and texture of the antennas
shall be depicted on the building plans. The selected materials shall match,
as closely as possible, the existing walls, to the satisfaction of the Director of
Development Services and the Director of Public Works.
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.
The antennas shall not be activated for use until a final inspection is
conducted by the City.
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 easement, and provide a $5,000
security to the satisfaction of the City Engineer.
Submit a request for and attend a preconstruction meeting with a City
Engineering Inspector. The applicant/developer shall be responsible to
ensure that all necessary individuals, such as, but not limited to, contractors,
subcontractors, project civil engineer and project soils engineer, attend the
preconstruction meeting.
The Building Permit plans shall include a utility plan that shows the
equipment layout.
Submit all required leasing documentation, including, but not limited to,
insurance certificates and the annual rent check, to the satisfaction of the
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Department of Administrative Services and City Clerk, and obtain their
authorization for issuance of a Building Permit.
14.
Prior to energizing the switch gate, the applicant shall receive final approvals
from the Administrative Services Department, Public Works Department, Fire
Department, and Development Services Department (Planning, Engineering
and Building Divisions).
15.
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.
16.
The applicant shall submit in writing a Best Management Practices Plan that
identifies how the construction site shall comply with the Jurisdictional Urban
Runoff Management Plan (JURMP) to the satisfaction of the Engineering
Division. Prior to the issuance of a Building Permit, the plan shall receive
Engineering approval and a copy shall be kept on the construction site.
During construction, the applicant shall implement the plan.
Prior to obtaining a final inspection on the Building Permits, the applicant shall
comply with the following:
The approximate 75-lineal-foot section of the circular driveway around the
north side of the water tank, which is in a poor state of repair, shall be
removed and replaced to the satisfaction of the Director of Public Works.
The applicant shall be responsible for removing existing vegetation growth
from the fence line, and shall be responsible for any damage caused to the
fence or adjacent paving caused by the removal of the vegetation.
3. Trench repair shall be conducted to the satisfaction of the Project Inspector.
Hydroseed, to the satisfaction of the Planning Division, any disturbed areas
adjacent to the project site caused by project construction activities.
The site shall be developed in accordance with the approved plans (including
the landscape plan) on file in the Development Services Department and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
Upon establishment of the wireless telecommunications facility, the following shall
apply:
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All facilities and related equipment shall be maintained in good repair. Any
damage from any cause shall be repaired as specified by the Director of
Public Works so as to minimize occurrences of dangerous conditions or
visual blight.
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.
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. Prior to
visiting the site, 24-hour notice shall be provided to the Public Works
Department contact. Access through the water tank gates shall be provided
with 24-hour notice.
The operator of the facility shall be strictly liable for interference caused by
their facilities 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.
The wireless telecommunications facility shall be operated in compliance with
the terms and conditions of its lease contract with the City of Poway.
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 F.5 of this
Resolution shall be submitted to the Director of Development Services for
Resolution No. P- 02-73
Page 8
review and approval. The Director may also require an updated report as
part of any review of this Conditional Use Permit.
The operator shall not interfere with the operations of the City Operations Center,
shall not block in City vehicles, equipment or materials, shall clean up and properly
store all material and equipment used on the site, and shall stop any and all activity
for noncompliance with this permit if so directed in writing from the Director of
Development Services or the Director of Public Works.
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 30 days of ceasing operation of the telecommunications facility.
Section 5: The conditions of CUP 00-08(M)3 shall remain in effect for the term of the
lease contract with the City of Poway. If long-term lease negotiations are not completed
within 90 days of the approval of CUP 00-08(M)3, another telecommunications company
may be allowed to negotiate a lease and abide by the CUP conditions.
Section 6: The approval of CUP 00-08(M)3 shall expire on December 3, 2004, 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 3rd day of December 2002.
ATTEST:
Michael P. ayor
L-ori ~Anne Peoples, City Cle~
Resolution No. P-02-73
Page 9
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-02-73, was duly adopted by the City
Council at a meeting of said City Council held on the 3rd day of December 2002, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Peoples, City Clerl[
City of Poway