Res P-97-22RESOLUTION NO. P- 97-22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
RESCINDING RESOLUTION NO. P-96-50 AND
APPROVING CONDITIONAL USE PERMIT 96-07 (M)
FOR COX CALIFORNIA PCS
ASSESSOR'S PARCEL NUMBER 314-371-21
WHEREAS, Conditional Use Permit 96-07 (M) submitted by Cox California PCS,
applicant, for the purpose of installing PCS (Personal C System) equipment
that includes: ground-mounted Base T Station (BTS) units (6), 7'2" high; facade-
mounted panel antennas (6); a facade-mounted Global Positioning System (GPS) antenna;
and coaxial cable from the BTS units to th located at the Pomerado Reservoir,
east end of Sagecrest Street, east of Brookstone Drive in the Planned Community zone.
On the real property situated in the City of Poway, County of San Diego, State of California
in the County of San Diego, State of California, said map being filed in the Office of the
County Recorder of San Diego County, being a survey of a portion of the north half of the
Southeast Quarter of Section 2, Township 14 south, range 2 west, San Bernardino Base
and Meridian, lying within that certain parcel of land shown and delineated in the City or
Poway tract No. 4191-9R according to Map thereof No. 12880 and filed in the office of the
county recorder of said San Diego County on October 17, 1991 as File No. 91-0538753
of official records according to the United States G I Survey, and owned by the
City of Poway, regularly came before the City Council for public hearing and action on April
29, 1997; and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby
follows:
The previously issued Negative C :h Mitigation Measures (indicating no
significant ad imp 3ated due to the addition of special
req to the 3roject) is noted for this action.
That the l design, and operating ch :the approved
uses will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, structures, or natural
in that the siting of additional utilities within residential
neighborhoods is found to b 7 service to th :y.
Resolution No. P-97-22
Page 2
That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, in that the PCS BTS units and related equipment
will be totally or partially screened by existing shrubs and trees and
additional landscaping to be installed by the applicant.
That there are public facilities, services, and utilities available or that will be
extended to the I :ion equipment.
That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the approved I be completely screened
by vegetation or the existing water tank and will be painted so as to blend
with its surroundings. Slope landscaping will be planted, that when mature,
will screen the existing facilities and the equipment. This site is still in use
as a municipal facility.
That the § :traffic will not adversely impact the surrounding streets
and/or the City's Transportation Eleme~nt, in that no significant traffic will be
generated by the t :ion facilities. One to two trips per month
per company is projected.
That the site is suitable for the type and intensity of use or development
which is proposed, in that it is a minor ridgeline which provides the proper
line-of-sight reception characteristics.
7. That there will not be significant harmful effects uF Iai quality
and natural
8. That th :h
cannot be mitigated.
negative impacts of the proposed use that
The proposed use will not adversely affect the City of Poway General Plan
for ful I as present development.
~ncil Decision:
The City Council hereby approves Conditional Use Permit 96-07 (M) subject
to the following conditions and mitigation (indicated by *):
Within 30 days of approval, the applicant shall submit in writing that all conditions
of approval have been read and understood.
_ Resolution No. P-97-22
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
Approval of this conditional use permit is for installation of PCS (Personal
C :ion System) equipment that includes: ground-mounted Base
T Station (BTS) units (6), 7'2" high; facade-mounted panel antennas (6);
a facade-mounted Global Positioning System (GPS) antenna; and coaxial cable
from the BTS units to th
No additional equipment shall be installed or additional antennas attached to the
:hout City Council approval of a modification to CUP 96-07 (M).
The applicant shall comply with the latest adopted Uniform Building Code and all
other applicable codes and ordinances at the time of building permit issuance.
*3.
Th ~1 the equipment cabinets shall be painted to match the water tank
so as to blend with its surroundings.
*4.
The chain link enclosing the periphery of the water tank shall be black vinyl-clad
chain link, six feet minimum height, and supported by wooden posts. Barbed wire
may be used for security "y in accordance with Poway Municipal Code
Section 17.08.230.F. A reimbursement agreement with Standard Pacific shall be
prepared for the fence (part of the conditions of approval for Tentative Tract Map
4191R).
No construction or installation of t facilities shall occur until the
lease agreement with the City of Poway has been negotiated and signed. This
conditional use permit is granted for the lifetime of the lease between Cox California
PCS and the City of Poway at the end of which time the City Council may add or
delete condir (e the conditional use permit.
Conditional use permits shall be subject to annual review by the Director of Planning
Services for compliance with the conditions of approval and to address concerns
that may h :1 during the past year. If the permit is not in compliance with
the conditions of approval, or the Planning Services Department has received
complaints, the required annual review shall be set for a public hearing before the
City Council, to consider modificat' :ion of the use permit.
The use conditionally granted by these permits shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
residential and open space uses.
*8.
*9.
Resolution No. P-97-22
Page 4
The PCS antennas shall comply with the standards of the American National
Standards Institute.
The use of outside speakers and flashing lights on service trucks is prohibited
between 9:00 p.m. and 7:00 a.m.
10.
Install a fence extending on either side of the locked access gate (in the vicinity of
the rocks), if necessary, to discourage trespassers.
11.
Maintain the t ,' facilities graffiti-free. When graffiti is noticed on the
reservoir, company personnel, ' Ih Public Services personnel, shall
respond promptly. Paint of the appropriate color for the water tank and antennas
shall be available on the service trucks.
12.
This approval shall b II and void if building I;
project within two years from the date of project approval.
not issued for this
13.
A permanent gate shall be installed at the location shown on Standard Paciflc's
approved improvement plans to the satisfaction of the Director of Planning Services.
A reimbursement agreement with Standard Pacific shall be prepared for the gate.
14.
The costs for all imp shall be shared by the t :ion
companies in a manner that they determine appropriate. Evidence shall be
provided to the Planning, Engineering and Public Services Departments that
improvement costs will be covered in a raasonabl
15.
The conditional use permit has no force and effect unless a lease agreement is
negotiated with the City of Poway. A letter of interest to proceed must be submitted
by May 6, 1997 at 5:00 p.m. to the Director of Community Services, 13202 Poway
Road. If good faith lease ne~ :1 and completed with the City
by May 29, 1997, other1 lion companies will be allowed to negotiate
a lease and abide by the CUP conditions approved by the City Council for
facilities at the Pomerado R , If the p ' ' ithis
condition are not strictly satisfied within the time frame specified, this CUP shall
automatically expire.
LANDSCAPING
'1.
A detailed landscape and irrigation modification plan shall be approved by the
Department of Planning Services prior to th :building permits. Fees for
field inspections shall be paid on a time and materials basis.
*2.
Existing on-site trees shall be retained wherever possible and shall be trimmed
and/or topped. Dead, decaying or potentially dangerous trees shall be approved
Resolution No. P-97-22
Page 5
for removal at the discretion of the Planning Services Department. Those trees
which are approved for removal shall be replaced on a ! basis as
required by the Planning Services Department
*3.
Landscaping shall be installed prior to building permit final for the BTS unit(s) and
Trimming of the ve§ .~ the Sagecrest Street right-of-way near
Brookstone Drive is required in identified areas that are beyond the responsibility
of Standard Pacific for weed abatement.
*4.
All landscaped areas shall be :1 in a healthy and thriving condition, free
from weeds, trash, and debris or the conditional use permit shall be subject to
revocation.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
Grading permit will be required if grading exceeds 50 yards, or area to be paved is
more than 10,000 square feet.
A grading plan for th :1 to the property shall be submitted to the City's
Engineering Services Department for review and approval prior to issuance of a
grading permit and start of grading operation. Drainage at the bottom of the hill
along Sagecrest Street near Brookstone Drive will be handled by temporary drop
inlets or other appropriate solution with a design submitted and approved by the
Engineering Services Department. Sandbags and otb :roi devices will
be provided as necessary during the rainy season.
A right-of-way permit shall be obtained from the City's Engineering Services
Department for any work to be done within the public street right-of-way or any City-
held easement.
Applicant shall provide the Engineering Services Department with the easement
documents providing access to the site.
The applicant shall enter into the road ;Ireement with other uti
for the private access road. The agreement shall be submitted to the Director of
Engineering Services in a form satisfactory to the City Attorney.
Fencing around the water tank shall be provided for security of the area, per City of
Poway standards for approval.
Resolution No. P-97-22
Page 6
Electrical and teleph shall be provided underground from Brookstone
Drive to the water tank with the manner of providing service determined between
the Planning, Engineering and Public Services Departments, SDG&E, Standard
Pacific and the applicant(s). An allowable alternative to permanent trenching and
burying the I :luit is temporary underground :h a private line and
voltage booster.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Provide an "all weather" sun'ace for the currently unpaved portion of Sagecrest
Street to the water tank. (M' ' ':lth 16' with turnout(s)).
'S AND APPROVALS
1, Rescind Resolution No. P-96-50
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of April, 1997.
Don Higginson, ~or
ATTEST:
· Wahlsten, City Clerk
Resolution No. P-97-22
Page 7
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO)
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P-97-22 was duly
adopted by the City Council at a meeting of said City Council held on the 29th
day of Apri 1 1997, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, GOLDBY, REXFORD, HIGGINSON
NONE
NONE
CAFAGNA
Marjorie K. Wahlsten, City Clerk
City o~x~way