Res P-03-34RESOLUTION NO. P-03-34
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03-02
ASSESSOR'S PARCEL NUMBER 317-490-07
WHEREAS, Conditional Use Permit (CUP) 03-02 was submitted by Cingular
Wireless, Applicant, to install a 1' " facility on a developed property located
at 12751 Poway Road in the C Business (CB) zone, and;
WHEREAS, the proposed I facility : :1
to the existing building (i.e., 12 panel-tyl; :1 to the west, east, and north
facades), and equipment to be located in an existing tenant space, and;
WHEREAS, on June 24, 2003, the City Council held a duly advertised public headng
to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The proposed project is Categorically Exempt as a Class 3 Categorical
Exemption from the California E Quality Act (CEQA) pursuant to Section
15303 of the CEQA Guidelines, in that the project involves the installation of a small, new
t :ions 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 03-02 to install a 1' Iions facility on property located at 12751
Poway Road in the C B are made as follows:
The proposed location, size, design, and operating characteristics of the proposed
facility ~ 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, sited, and screened such that it will not result in visual
impacts to the surrounding community.
The location, size, design, and operating ch of the proposed
t :ions facility will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings, structures, or natural
that the facility has been designed and sited such that it will not result
in visual impacts to the surrounding community. The antennas will be located
behind radio transparent material facade extensions and will not be visible to the
public. The equipment I be located in an existing tenant space. The
use will comply with Federal C :ions C (FCC) design and
operational standards. The facility' :1 and will not create traffic impacts.
Resolution No. P-03-34
Page 2
The proposed t Iions facility is in harmony with the scale, bulk,
coverage, and density of, and' : with, adjacent uses in that the proposed
facility will be located behind radio transparent facade on an existing
building.
There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed 1 :ions facility.
There will not be a harmful effect upon the desirable surrounding property
ch ' ' ' thatthe proposed t :ions 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 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 1' facility is unmanned and will only
require period' thereby generating minimal traffic.
The site is suitable for the type and intensity of use or development which is
proposed in that the proposed t Iions facility will enhance
1' ~e in the City·
There will not be significant harmful effects Ul: quality and natural
· that the proposed 1 facility is located on a developed
property and does not involve the removal of natural habitat
There are no relevant negative impacts associated with the proposed
lions 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 Iions 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 :ions 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.
Section 3: The City Council hereby approves CUP 03-02 to install a 1'
facility consisting of 12 panel mounted behind a radio transparent facade, and
Resolution No. P-03-34
Page 3
the equipment I be located' ' ' 3 tenant space at 12751 Poway Road,
as shown on the plans dated April 18, 2003, subject to the following conditions:
Approval of this CUP request shall apply only to the subject project and shall not
31iance with all :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: (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
to interfere with th 31e use and enjoyment of surrounding uses.
D=
The conditions of CUP 03-02 shall Yect for the life of the subject wireless
t Iions facility and shall run with the land and be binding upon future
owners, heirs, and ! : the current property owner.
CUP 03-02 may be subject to annual review as determined by the Director of
Development Services for compliance with the conditions of approval and to
add that may have been raised during the prior year.
The applicant shall obtain a Building Permit prior to installation of the facility. Prior
to ' : a Building Permit, the applicant shall comply with the following:
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 site shall be developed in accordance with the approved plan on file in
the Development Services Department (dated April 18, 2003) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
The specific materials used to create the paint and texture of the radio
transparent material to hide the antennas shall be depicted on the building
plans. The selected materials shall match, as closely as possible, the
existing walls, to th ~ ~ the Director of Development Services.
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
Resolution No. P-03-34
Page 4
California to measure exposure levels at the location after the facility is in
operation. ^ report of th :1 the engineer's findings with
resl; 31iance with MPE limits, shall be submitted to the Director of
Development Services. The facility shall not 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.
The Building Permit plans shall include a utility plan that shows the
equipment layout.
Upon establishment of the wireless 1'
CUP 03-02, the following shall apply:
:ions facility, pursuant to
All facilities and related equipment shall be maintained in good repair. Any
damage from any cause shall be repaired 31y possible so
as t ' ' ; dang :Iii' blight.
The facility shall be operated in such 1 ' ' y possible
disruption caused by noise. Backup g 3all 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.
Th
site
3erator of the facility shall routinely and regularly inspect the
31iance with the standards set forth in this permit.
The operator of the facility shall be strictly liable for interf :1 by
their facilities with City t Iions sy. ' :her public agency
emergency Iion systems. The operator shall stop op =
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 powering down systems, and
engineering analysis), and all ' ' ] from third party claims against the
City attributable to the interference.
Resolution No. P-03-34
Page 5
The wireless 1' Iions 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
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 F.4 of this
Resolution shall be submitted to the Director of Development Services for
review and approval. The D' y' also require an updated report as
part of any review of this Conditional Use Permit.
Section 4: Th :th t'
Iion equipment, and associated
within 60 days of ceasing operation of the 1
lions facility shall remove all of the
approved pursuant to this permit
lions facility.
Section 5: The approval of CUP 03-02 shall expire on June 24, 2005, at 5:00 p.m.
unless, prior to that time, a Building Permit has been issued and on the
property in the CUP approval h J prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 24th day of June 2003.
ATTEST:
L~or A~nn: Pe~oples, Ci~ Cle~~1~
Resolution No, P-03-34
Page 6
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-03-34 , was duly adopted by the
City Council at a meeting of said City Council held on the 24th day of June 2003, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
e Peoples,
City of Poway