Res P-97-23RESOLUTION NO. P- 97-23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
RESCINDING RESOLUTION NO. P-96-51 AND
APPROVING CONDITIONAL USE PERMIT 96-09 (M)
FOR AIRTOUCH CELLULAR
ASSESSOR'S PARCEL NUMBER 314-371-21
WHEREAS, Conditional Use Permit 96-09 (M), submitted by AirTouch Cellular,
applicant, for the purpose of constructing, operating and ' ' ;I .1 cellular
! lions facility of 240 square feet with a cellular antenna system (up to 10
directional :1 a digital dish antenna) situated on ten foot tall antenna support
structures, 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 Califomia
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 l Survey, and owned by the
City of Poway, regularly came before the City Council for public headng 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 a(~ imf ' '3ated due to the addition of special
requirements to the project) is noted for this action.
That the I design, and operating characteristics of the approved
uses will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, or natural
in that the siting of additional utilities within residential
neighborhoods is found to be a necessary service to th ~.y.
Resolution No. P-97-23
Page 2
That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, in that the modular building, and cellular ~ lite
dish will be totally or partially screened by existing shrubs and trees and
additional landscaping will be installed by the applicant.
That there are public facilities, services, and utilities available or that will be
extended to the 1: lion 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 :lings. 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 G :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 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 ch
7. That there will not be significant harmful effects Ul: 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 fu! I as present development.
Decision:
The City Council hereby approves Conditional Use Permit 96-09 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-97-23
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 1' ' .:1, operating and ' ' 3
:1 cellular I facility of 240 square feet with a cellular
./stem (up to 10 directional:l a digital dish antenna) situated
on ten foot tall pport structures.
No additional equipment shall be installed or additional ~tached to the
:hout City Council approval of a modification to CUP 96-09 (M).
*2.
The antennas and the modular building shall be painted to match the water tank
and the landscaping so as to blend with its surroundings. The color for the
I be tan/beige or dark green.
*3.
Noise from the air conditioning units will be mitigated to a per1' :lard of
less than 60 decibels (dB) at the property line, or 45 dB interior noise level as
measured from the nearest residence, in accordance with the Noise Ordinance.
*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 lion 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 AirTouch
Cellular and the City of Poway at the end of which time the City Council may add
or delete condil' (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.
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*8.
*9.
10.
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12.
13.
14.
15.
16.
Resolution No. P-97-23
Page 4
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.
The cellular 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. Security lighting for the modular building will be
limited to a light fixture shielded to project downward over the door.
Install a fence extending on either side of the locked access gate (in the vicinity of
the rocks), if necessary, to discourage trespa:ssers.
When graffiti is noticed on the reservoir, company personnel, in
Public Services personnel, shall respond promptly. Paint of the approp
for the water tank and 3all be available on the service trucks.
with
This approval shall b II and void if building I;
project within two years from the date of project approval.
: issued for this
^ permanent gate shall be installed at the location shown on Standard Pacific's
approved improvement plans to th :the Director of Planning Services.
A reimbursement agreement with Standard Pacific shall be prepared for the gate.
The costs for all imp 3all 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 reasonabl
The cell 3all be placed on the water tank and painted to match the
tank. The satellite dish shall be moved to the south of the water tank and
appropriately screened.
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§ :initiated and completed with the City
by May 29, 1997, other t 3anies 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 ' ' :this
condition are not strictly satisfied within the time frame specified, this CUP shall
automatically expire.
LANDSCAPI
Resolution No. P-97-23
Page 5
'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
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 modular building,
:1 satellite dish. Trimming of the ve9 ~ 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 DIVISION OF BUILDING SERVICES.
An engineered foundation plan must be provided to the Building Division for the
modular building. The unit shall be on a permanent foundation.
2. An engineered design shall be provided for the foundations for th :1
the satellite dish.
If employees are present in the facility on a regular basis, restroom facilities
accessible to persons with physical disabilities may be required per the Uniform
Building Code.
=
The modular building must be approved by the State of California 1' S-2
occupancy. Disabled access shall be provided to the modular building if required
per the Uniform Building Code.
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.
Resolution No. P-97-23
Page 6
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 lrol devices will
be provided 'y 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.
4
Applicant shall provide the Engineering Services Department with the easement
documents providing access to the site.
o
The applicant shall enter into the road .;Ireement with other utilities
for the private access road. The agreement shall be submitted to the Director of
Engineering $ 1' 3/to the City Attorney.
Fencing around the water tank shall be provided for security of the area, per City of
Poway standards for approval.
Electrical and telephone service 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" surface for the currently unpaved portion of Sagecrest
Street to the water tank. (M' ' '-lth 16'with turnout(s)).
A monitored fire suppression and detection system shall be installed for the
equipment building.
Resolution No. P-97-23
Page 7
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PUBLIC SERVICES.
Design the AirTouch equipment building site 1
C BTS units.
'late Pacific Bell and Cox
Rescind Resolution No. P-96-51.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of April, 1997.
Don Higginson, Mayor
-- ATTEST:
Marjor~_~. Wahlsten, City Clerk
Resolution No. P-97-23
Page 8
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-97-2: was duly
adopted by the City Council at a meeting of said City Council held on the 29th
day of April ,1997, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, GOLDBY, REXFORD, HIGGINSON
NONE
NONE
CAFAGNA
Wahlsten, City Clerk
ay