Res P-14-01RESOLUTION NO. P -14 -01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 13 -016
ASSESSOR'S PARCEL NUMBER 314 - 632 -47
WHEREAS, Conditional Use Permit (CUP) 13 -016, a proposal to replace four (4)
existing antennas and add two (2) antennas, for a total of six antennas on an existing
commercial building located at 14969 Pomerado Road, within the Commercial General
zone. The applicant is also proposing the extension of the height of the existing building
parapet by four (4) feet, and
WHEREAS, on May 20, 2014, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, 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(d) of the 2014 CEQA Guidelines, in that the project involves the installation and
replacement of small equipment to an existing telecommunications facility, which
provides 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 13 -016 to replace four (4) existing antennas, add two
(2) antennas and extend the height of the existing building parapet by four (4) feet on
the commercial building located at 14969 Pomerado Road are made as follows:
A. The location, size, design, and operating characteristics of the
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
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 a visual impact 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 is located on
an existing building and has been designed to minimize visual impacts and will
operate in compliance with FCC operational standards.
Resolution No. P -14 -01
Page 2
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
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.
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, as described in subsections A through I of this
Section, and the proposed location, size, design, and operating characteristics of
the proposed telecommunications facility, and the conditions under which it
would be operated or maintained, will not be detrimental to the public health,
safety or welfare, or 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 City Council hereby approves CUP 13 -016, 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, challenae. or annul this
Resolution No. P -14 -01
Page 3
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: (1) the applicant shall submit in writing that all conditions of approval
have been read and understood; and (2) the property owner shall execute a
Covenant Regarding Real Property. In order for the City to prepare the
Covenant, the applicant must first submit a legal description of the subject site.
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 13 -016 shall remain in effect for the life of the subject
use and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of the current property owner.
F. CUP 13 -016 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational 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:
(Planning)
1. 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.
2. 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.
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3. 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.
4. The antennas shall not be activated for use until the Building Division
conducts a final inspection.
5. The Building Permit plans shall include a utility plan that shows the
equipment layout.
6. The antennas and the replacement equipment cabinet shall be a color and
texture that blends with the exterior building walls. A color sample shall
be provided to the Planning Division for review and approval. The
approved color shall be depicted on the building plans.
(Engineering)
7. Prior to Building Permit issuance, the applicant/property owner shall
submit and obtain approval of an Encroachment Agreement for all existing
and proposed improvements into the City Water easement.
H. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 13 -016, 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
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Page 5
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.
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 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 -14 -01
Page 6
Section 4: The approval of CUP 13 -016 shall expire on May 20, 2016, 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.
Section 5: 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 20th day of May, 2014.
Don Higginson, Mayor
ATTEST:
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Sheila .Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -14 -01 was duly adopted by
the City Council at a meeting of said City Council held on the 20th day of May, 2014,
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
S eila . Cobian, CMC, City Clerk
Citv of Powav