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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 Page 3 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 Page 4 (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 Resolution No. P -13 -10 Page 5 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 Page 6 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. 0000� Don Higginson, Mayor ATTEST: �� #- (Mo 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