Loading...
Res P-03-07RESOLUTION NO. P-03-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 00-14(M) ASSESSOR'S PARCEL NUMBER 278-450-27 WHEREAS, Conditional Use Permit 00-14(M) was submitted by PlanCom, Inc. for AT&T Wireless, Applicant, to install a teleco Iions facility antenna on the Poway Center for the Performing Arts located at 15498 Espola Road in the Public Facility zone. WHEREAS, the proposed t 'cations facility consists of one (1) diamond- shaped panel-type antenna mounted on the east facade of the Poway Center for the · ~ Arts, and; WHEREAS, on February 11, 2003, the City Council held a duly advertised public hearing to solicit ts from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The proposed project is Categorically Exempt as a Class 3 Categorical Exemption from the California Iai 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 Section 17.48.070 of the Poway Municipal Code for CUP 00-14(M) to install a telecommunications facility antenna on property located at 15498 Espola Road in the Public Facility zone, are made as follows: The proposed location, size, design, and operating characteristics of the proposed t lions facility :1 with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the City 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. The location, size, design, and operating characteristics of the proposed tele Iions facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structure, or natural resources in that the facility has been designed and sited such that it will not result in visual impacts to the surrounding Iy and it will comply with Federal Communications C (FCC) design and operational standards. The facility is u :l and will not create traffic impacts. Co 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 building. Resolution No. P-03-07 Page 2 There are adequate public facilities, 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 and sited such that it will not result in a visual impact to th :ling ly, 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 t lions facility is :1 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 lions coverage in the City. There will not be significant harmful effects upon Iai 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 t lions 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. The proposed t , unications 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. Section3: The City Council hereby approves CUP 00-14(M) to install a telecommunications facility antenna at 15498 Espola Road, as shown on the plans dated December 11, 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. Resolution No. P-03-07 Page 3 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. 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 00-14(M) shall remain in effect for the life of the subject t Iions facility and shall run with the land and be binding upon fu! ,, suc heirs, and transferees of the current property owner. All previous conditions of CUP 00-14 as contained in Resolution No. 01-66 still apply. CUP 00-14(M) 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 ' of a Building Permit, the applicant shall comply with the following: The applicant shall amend the existing lease and receive approval of such amendment by the City. 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 ' 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. In addition to the three (3) sets submitted to the Building Division, the applicant shall submit four (4) additional sets of Building Permit plans to the Planning Department. The antenna shall not be activated for use until a final inspection is conducted by the City. Final inspection shall be conducted by C ly Services, Public Works and Development Services Departments (Engineering and Planning). Prior to obtaining a final inspection on the Building Permits, the applicant shall comply with the following: The site shall be developed in accordance with the approved plan on file in the Development Services Department and the condit' [ained herein. A final inspection from the appropriate City Departments will be required. Resolution No. P-03-07 Page 4 Upon establishment of th t 14(M), the following shall apply: lions facility, pursuant to CUP 00- All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon a ably possible so as to ' ' ~ 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 dudng 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 c 3erator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. The operator of the facility shall be strictly liable for int caused by their facilities with City t ~tions systems or other public agency emergency communication systems. 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 analyses), and all costs arising from third party claims against the City attributable to the int The wireless t 'cations 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 g I. If there is any change in the manner in which the facility is operated or change in the MPE, a report pursuant to Condition G.5. of this Resolution shall be submitted to the Director of Development Services for 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, Resolution No. P-03-07 Page 5 Section 5: The approval of CUP 00-14(M) shall expire on February 11, 2005, 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 11th day of February 2003. Michael~ ATTEST: nne Peoples, City~ Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS 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- 03-07 , was duly adopted by the City Council at a meeting of said City Council held on the 11th day of February 2003, and that it was so adopted by the following vote: AYES: EMERY, NOES: NONE ABSTAIN: NONE ABSENT: NONE GOLDBY, HIGGINSON, REXFORD, CAFAGNA I-or Anne Peoples, City ~lerk Cit of Poway M:\planning~