Res P-13-10RESOLUTION NO. P -13 -10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 12 -014
ASSESSOR'S PARCEL NUMBER 277 - 171 -02
WHEREAS, Conditional Use Permit (CUP) 12 -014 was submitted by PlanCom,
Inc. for Verizon Wireless, Applicant, to install a telecommunications facility on property
at 17301 Butterfield Trail in the Planned Community (PC) zone; and
WHEREAS, the proposed telecommunications facility consists of twelve panel
antennas mounted on the surface of an existing water tank and ancillary equipment;
and
WHEREAS, on May 7, 2013, 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 (PMC), for CUP 12 -014 to install a telecommunications facility are
made as follows:
A. The location, size, design, and operating characteristics of the proposed
telecommunications facility are in accord with the title and purpose of Chapter
17.48 PMC (Conditional Use 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, people, 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 Federal Communications Commission (FCC) operational standards. The
facility is unmanned and will not create traffic impacts.
C. The telecommunications facility is in harmony with the scale, bulk, coverage, and
density of, and is consistent with, adjacent uses in that the facility has been
Resolution No. P -13 -10
Page 2
designed to minimize visual impacts and will operate in compliance with FCC
operational standards.
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 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 facility will enhance telecommunications coverage in the City
and will not generate additional traffic.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed telecommunications facility will not involve
the removal of natural habitat resources.
1. There are no relevant negative impacts associated with the proposed
telecommunications facility that cannot be mitigated in that the facility will comply
with FCC operational standards.
J. That the potential impacts, and the proposed location, size, design, and
operating characteristics of the 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 operational standards.
K. The proposed telecommunications facility will comply with all the applicable
provisions of Chapter 17.48 PMC in that the facility has been designed and sited
such that it will not result in visual impacts, and will comply with FCC operational
standards.
Section 3: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Resolution No. P -13 -10
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Section 4: The City Council hereby approves CUP 12 -014 to install a
telecommunications facility as shown on the approved plans on file with the City, 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 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 pay or perform any
settlement unless such settlement is approved by Applicant.
B. 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.
C. Within 30 days of the date of this approval, and before the issuance of any permit
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 12 -014 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.
F. CUP 12 -014 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.
G. 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:
Resolution No. P -13 -10
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(Engineering)
1. Low Impact Development (LID) design features shall be incorporated into
the site development. These shall be clearly shown and identified on the
site plan and be appropriately sized for the proposed level of
development.
2. Prior to start of any work, a Right -of -Way Permit shall be obtained from
the Engineering Division of the Development Services Department. All
appropriate fees shall be paid prior to permit issuance.
3. No disturbance shall be permitted on slopes steeper than 5:1 without prior
approval from the engineering division.
(Planning)
4. The Applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
5. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City departments will be
required.
6. A $3,000 deposit shall be submitted to ensure completion and submittal 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 cost of an independent consultant to review the report, as determined
by the Director of Development Services.
7. The antennas shall not be activated for use until the Building Division
conducts a final inspection.
8. The Building Permit plans shall include a utility plan that shows the
equipment layout.
9. The antennas and equipment enclosure shall be a color that blends with
the color of the tank. A color sample shall be provided to the Planning
Division for review and approval. The approved color shall be depicted on
the building plans.
10. Landscape as shown on the CUP site plan on file with the City shall be
provided prior to final inspections. Detailed landscape and irrigation plans
are required and shall be submitted and approved. The landscape and
irrigation plans shall demonstrate compliance with the City of Poway
Landscape and Irrigation Design Manual, Chapters 17.07 and 17.41 PMC,
and all other applicable standards in effect at the time of landscape and
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irrigation plan check submittal. Existing trees proposed for removal shall
be replaced pursuant to PMC requirements. The landscape and irrigation
plan submittal is a separate submittal from other project plan check
submittals, and is made directly to the Planning Division. Contact the
Planning Division for copies of applicable City standards, the landscape
and irrigation plan submittal checklist, and the plan review fee worksheet.
Landscape and irrigation plan review fees are required and are the
responsibility of the Applicant.
H. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 12 -014, the following shall apply:
(Planning)
1. Within 30 days of the commencement of operation of the antennas, the
operator shall submit a report, prepared by a qualified professional, which
specifies the actual RF levels within 500 feet of the facility and includes a
statement as to compliance with the FCC Maximum Possible Exposure
(MPE) limit. 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 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 Federal guidelines. The City may conduct an
independent verification of the results of the analysis provided by the
operator, at the operator's cost.
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 owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit.
Resolution No. P -13 -10
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4. 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.
5. 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.
6. 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 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.
7. Any service light(s) shall only be operated when maintenance is being
performed on the equipment. The service light(s) shall be adequately
shielded and directed away from adjacent roadways.
8. The Applicant has provided documentation of site access as
demonstrated in the Memorandum of Grant of Easement, which is on
file with the City. The Applicant shall maintain this access easement and
shall submit documentation of all easement renewals /extensions or any
other changes to the easement. In the event that the easement is not
renewed or extended, the Applicant shall provide notice to the City and the
City may initiate proceedings to revoke CUP 12 -014.
9. 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.
Resolution No. P -13 -10
Page 7
(Public Works)
10. Access to the site requires a minimum of 24 hours' notice by phone.
A telecommunications representative or contractor shall contact the
Public Works Department to schedule access for onsite visits a minimum
of 24 hours in advance. Every attempt to accommodate a request for
access will be made; however, it is dependent on staff availability at some
locations. Leaving a message does not constitute notice. Staff must be
able to make contact with the representative or contractor. To coordinate
access, please contact current cell site coordinator at (858) 668 -4700.
11. Access to the City property shall not occur without prior City authorization.
12. Construction or maintenance activities can be scheduled Monday through
Thursday between the hours of 9:00 a.m. to 3:00 p.m. and 9:00 a.m. to
2:00 p.m. on alternating Fridays, unless authorized by the Director of
Public Works.
13. Leaving, parking or staging of equipment on public or private streets or in
the public right -of -ways is prohibited, unless otherwise approved by the
City. Any such activity may require the processing and approval of a
Temporary Use Permit. Contact the Development Services Department at
(858) 668 -4600.
14. Equipment or antennas shall not be welded to tank exteriors; antennas
are to be epoxied.
15. Any damage to the City facility or property, including, but not limited to,
access roads and road surfaces by telecommunications representative or
contractor shall be repaired at contractors cost to the satisfaction of the
Director of Public Works.
16. Contractor must protect in place trees, landscaping and the irrigation
system. In the event that any tree is to be removed the Applicant shall
submit and receive approval of a Tree Removal Permit. Any damage to
the irrigation system must be repaired within 24 hours by a contractor
holding a C -27 license.
Section 5: The approval of CUP 12 -014 shall expire on May 7, 2015, 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.
Resolution No. P -13 -10
Page 8
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 7th day of May 2013.
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Don Higginson, Mayor
ATTEST:
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Kristen M Crane, Interim City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Kristen M. Crane, Interim City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P- 13 -10, was duly
adopted by the City Council at a meeting of said City Council held on the 7th day of
May 2013, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
/�� P. G�
Kristen M. Crane, Interim City Clerk
City of Poway