Item 4.1 - PDC 18-002: A Req. for Review of a Proposal to Construct a Wireless Comm. Facility; 13875 Kirkham Way �F APPROVED ❑
L\� wciY AS AMENDED 0
City of Poway APPROVED(SEE MINUTES)
1 COUNCIL AGENDA REPORT DENIED ❑
el-q. TME Cog REMOVED ❑
CONTINUED
RESOLUTION NO.
DATE: February 5, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services
CONTACT: Austin Silva, Senior Planner(,
asilva@poway.org
SUBJECT: Pre-Development Conference (PDC) 18-002, A request for review of
a proposal to construct a wireless communication facility on City-
owned property located at 13875 Kirkham Way
Summary:
T-Mobile/Phoenix Tower International (Proponents) is proposing to construct either an 89.8-foot
high faux Eucalyptus tree, an 84.8-foot high steel monopole or an 84.8-foot high, three-legged,
lattice tower along with at-grade radio equipment within two decorative block enclosures. The
proposed wireless communication facility (wireless facility) would be located at 13875 Kirkham
Way within the South Poway Planned Community zone on land designated Light
Industrial/Outdoor Storage (LI/S).
The review of PDC 18-002 is advisory only. The City Council will not render any decision. If the
Proponents wish to proceed with an application, it is with the understanding that the City Council
has made no representation upon which the Proponents may rely.
Recommended Action:
It is recommended that the City Council provide input and direction regarding the request.
Discussion:
The subject property is owned by the City and is currently developed and used as a storage lot
for new vehicle inventory by dealers located in the City. The City leases the storage lot to the
Poway Auto Dealers Association. The lease contemplates the potential for telecommunications
equipment in this area, and it would not interfere with the auto dealers' use of the leased premises.
The property is located in the Planned Community (PC) 7 Zoning District with a Light
Industrial/Storage Land Use Designation in the South Poway Specific Plan (Specific Plan) area
(Attachment A). Surrounding land uses include a General Atomics industrial building to the north,
ABC SD Chapter Apprenticeship Training center to the west, a modular building storage lot to
the east and vacant sloping land designated as Open Space to the south. Also, notable, there is
an approximately 60-foot-high transmission pole approximately 730 feet to the west of the subject
property with transmission lines that span southwards across Beeler Canyon and northwards
across the business park.
The Proponents identified the City-owned auto dealer storage facility as a candidate for meeting
the technical objectives for a wireless facility. While other properties in the area may have also
f
I of 17 February 5, 2019, Item #!4. 1
PDC 18-002
February 5, 2019
Page 2
•
been identified as candidates, most of the businesses located on those properties do not lease
space to telecommunication companies for wireless facilities. The Proponents have stated that
the height of the wireless facility will need to be sufficient to clear the General Atomics building to
the north for line-of-sight to the proposed coverage area.
The Proponents propose to construct either an 89.8-foot high faux Eucalyptus tree (Attachment
B), an 84.8-foot high steel monopole (Attachment C) or an 84.8-foot high three-legged lattice
tower (Attachment D) along with at-grade radio equipment within two decorative block enclosures.
The structure could accommodate up to three wireless carriers (colocation). Elevations of the
monopole and faux tree are provided as Attachment E. T-Mobile is seeking to improve its wireless
network capabilities in the subject area. Specifically, T-Mobile seeks to improve in-building
coverage to both retail and industrial uses in the area as well as to relieve traffic from its
surrounding cell sites by providing additional capacity at the proposed location. The proposed
antenna and equipment enclosures would be located approximately 90 feet from the front property
line behind a semi-circular driveway in an existing landscape planter (Attachment F).
The maximum structure height permitted in the South Poway Planned Community is 35 feet,
except that industrial buildings up to 45 feet in height within two stories may be allowed when it
can be demonstrated that the additional height is necessary for the use anticipated for reasons
such as automated warehouse, inventory retrieval or bridge cranes. No structure shall exceed
35-feet in height when located adjacent to downhill slopes along the perimeter of the business
park which restricts the height of the proposed wireless facility. City-wide, amateur radio
antennas, not wireless facilities, are permitted to be up to 65 feet in height and may be allowed
above 65 feet with the approval of an antenna permit by the City Council. In order to allow a
wireless facility as high as proposed, a Specific Plan Amendment approval would be needed to
amend Table 1 — Industrial Park and Light Industrial Use Matrix (Attachment G) by revising the
description of Monopoles to state that they could be allowed up to a specified height as a
conditional use.
The proposed wireless facilities are not consistent with the City's 2004 Wireless Communication
Facility Policy (Policy) (Attachment H) guidelines because they exceed the permissible height for
structures in the area. Section D of the Policy contains Design Guidelines for the development
and installation of new wireless facilities. The following guidelines are applicable to the proposed
wireless facility:
1. The applicant shall use all reasonable means to conceal or minimize the visual impacts of
the facilities. The facilities shall be architecturally integrated with existing structures and/or
screened from view.
2. The use of false trees is discouraged.
3. The facilities shall be the smallest, least visually intrusive antennas, components and other
necessary equipment.
6. Antennas shall be painted to match the color of the surface to which they are attached.
7. The height limit of the antenna and supporting structure shall not exceed the maximum
allowed height for building and structures of the underlying zone. When attached to a
structure or building, the combined height of the support structure and the antenna shall
not exceed the maximum allowed height for building and structures of the underlying zone.
It should be noted that the 2004 policy has not been reviewed by this City Council and could be
perceived as being out of date, considering how much the telecommunications industry has
changed in 15 years. All three options exceed the allowable height in the Policy. While the Policy
2 of 17 February 5, 2019, Item # 4. 1
PDC 18-002
February 5, 2019
Page 3
discourages faux trees, the City has permitted faux trees for wireless telecommunication purposes
when they blend with other trees in the surrounding area. There are no mature trees surrounding
the proposed wireless facility. The monopole and lattice tower are consistent in height, color and
materials to the nearby transmission poles. The placement of the wireless facility is as far away
from the canyon to the north as feasible for the subject property to preserve views from and
surrounding the canyon.
•
If the City Council is receptive to the concept of a wireless facility at this location, staff would
recommend either the monopole or the lattice tower as the option most compatible with the
surrounding area and facilities. A faux tree at this location would appear out of place. The project
proponent requests that the City Council provide input related to the allowable height and type of
the proposed monopole.
The review of Pre-Development Conference (PDC) 18-002 is advisory only. The City Council will
not render any decision. If the Proponents wish to proceed with an application, it is with the
understanding that the City Council has made no representation upon which the Proponents may
rely. The Agreement of Understanding is included as Attachment I. Further, the Proponents
understand that a lease agreement with the City would also be required.
Environmental Review:
Because no action can be taken, this item is not a Project" pursuant to the California
Environmental Quality Act (CEQA) and is therefore not subject to CEQA review.
Fiscal Impact:
None.
Public Notification:
A copy of this report was sent to the Proponents.
Attachments:
A. Land Use and Location Map
B. Faux Eucalyptus Tree Photo-simulation
C. Monopole Photo-simulation
D. Three-Legged Lattice Tower Photo-simulation
E. Conceptual Elevations (excludes lattice tower proposal)
F. Conceptual Site Plan
G. South Poway Specific Plan — Table 1 (Industrial Park and Light Industrial Use Matrix)
H. Wireless Communication Facility Policy
I. Agreement of Understanding
Reviewed/Approved By: Reviewed By: Approved By:
Wendy Kaserman Alan Fenstermacher Tina M. White
Assistant City Manager City Attorney City Manager
3 of 17 February 5, 2019, Item # •
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TABLE 1 - INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX
USE IP LI or
Ll/S
10. Wireless communications facility:
a. Monopole. C C
b. Roof mounted, greater than six feet in height or no C C
screening provided.
c. Façade-mounted to an existing building or water P P
reservoir or roof-mounted less than six feet in height and
screened from view. Subject to the approval of a Minor
Development Review Permit pursuant to Chapter 17.52
of the Poway Municipal Code.
G. RECREATIONAL USES
1. Athletic and health club. X C
2. Indoor recreational uses within a building of 5,000 square feet M M
or less, (except athletic and health clubs) such as balling
cages, archery ranges and marksman ranges.
3. Indoor recreational uses within a building of over 5,000 square C C
feet (except athletic and health clubs).
4. Sports facilities and parks. C C
5. Golf practice facility/micro golf course. X C
6. Outdoor amphitheater. X X
H. RESIDENTIAL AND INSTITUTIONAL USES
1. Churches. X X
2. Clubs and lodges. X X
3. Convalescent care facilities. X X
4. Hospitals. X X
5. Hotels or motels and similar uses offering lodging to guests. X X
South Poway Specific Plan - Volume Z Development Standards Page 37 '1
11 of 17 ATTACHMENT G February 5, 2019, Item # , i
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Cin• IN THE c0
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Policy & Procedure - i1�I?�.� /s/James L. Bowersox
s-I' i�7�._
City Wireless Communications Policy
1. PURPOSE
The purpose of this policy is to provide a uniform and comprehensive set of guidelines
for the development and installation of wireless communication and related facilities in
accordance with the City of Poway land use regulations. These guidelines are intended
to set forth clear and reasonable criteria to assess and process an application in a
consistent and expeditious manner, while protecting the community's visual quality.
This policy identifies preferred design standards and locations for such facilities in order
to minimize visual impacts to the surrounding community and preserving land uses
within the City. At the same time these guidelines allow for the orderly and efficient
development of wireless networks consistent with the rules and regulations promulgated
by the Federal Communications Commission (FCC) pursuant to the Telecommunication
Act of 1996 (TCA).
2. APPLICATION •
This policy contains development guidelines that the City applies to all applications for
Wireless Communications Facilities within the City of Poway, including new proposals
and amendments to existing Wireless Communication Facilities in all zones, overlays,
specific plan areas, and City-owned properties, including public rights-of-way. These
guidelines ensure minimal land use impacts on the surrounding community by
encouraging preferred locations, providing design guidelines, and monitoring health and
safety issues within the limits of the TCA.
3. POLICY
A. General
The City is the regulatory agency responsible for issuing permits for the
development of Wireless Communications Facilities in the City of Poway. For
projects on private property, the City acts only in its regulatory role; for City-
owned property, the City has dual roles as property owner and government
regulator. The City's Development Services Department is responsible for design
review, regulatory compliance, zoning administration, and permit processing of
applications for Wireless Communications Facilities. In addition, for Wireless
Facilities proposed on City-owned properties, the Administrative Services
Department is responsible for the negotiation and administration of leases.
12 of 17 ATTACHMENT H February 5, 2019, Item # 14. 1
Wireless Communication Facilities Policy
September 2004
Page 2 of 5 •
B. Permits Required
Depending on the zoning of the property and the type of facility proposed, Title
17 of the Poway Municipal Code requires the approval of either a Conditional
Use Permit or Minor Development Review Permit. In addition, a Building Permit
is required.
C. Facility Location
•
1. The preferred location for Wireless Communications Facilities shall be on
• structures such as buildings, streetlights and public water tanks.
Collocation of facilities for different carriers is encouraged.
2. Location on properties with residential uses is discouraged.
3. If not located in a preferred area or with a preferred design, a site
justification letter shall be submitted to justify the need or requirement for
the proposed antenna location and design. The letter shall include other
sites that were analyzed but not selected with an explanation as to why the
analyzed sites did not meet the objectives (include engineering, coverage
and location justification) and why the collocation of the facility with
others in the area cannot be accomplished.
D. Design Guidelines
1. The applicant shall use all reasonable means to conceal or minimize the
visual impacts of the facilities. The facilities shall be architecturally
integrated with existing structures and/or screened from view.
2. The use of false trees is discouraged.
3. The facilities shall be the smallest, least visually intrusive antennas,
components and other necessary equipment.
4. Vertical elements, designed as flagpoles or light standards, shall replicate
the design, diameter and proportion of the vertical element they are
intended to imitate.
5. All equipment associated with a wireless facility located within the public
right of way shall be undergrounded, except for small service connection
boxes, unless the Director of Development Services determines that no
other feasible alternative for the wireless facility design or location exists
and that the equipment is properly screened from view.
6. Antennas shall be painted to match the color of the surface to which they
are attached. L
13 of 17 February 5, 2019, Item #_`j,)
Wireless Communication Facilities Policy
September 2004
Page 3 of 5
7. The height limit of the antenna and supporting structure shall not exceed
the maximum allowed height for building and structures of the underlying
zone. When attached to a structure or building, the combined height of the
support structure and the antenna shall not exceed the maximum allowed
height for building and structures of the underlying zone. Antennas
mounted on the top of a structure or building shall be architecturally
integrated or screened from view such that no more than 2 feet of the
antenna is visible above the screen. Antennas architecturally integrated
into structures or buildings that exceed 35 feet in height, are allowed
provided the height of the existing structure or building is not increased.
Antennas attached to a street light pole shall not exceed the height of other
street lights within the area.
8. Antennas mounted on sports field lights, security light poles, parking lot
light poles or streetlights shall be mounted below the light source. All
antennas on flagpoles shall be concealed within the pole.
E. Pre-development Conferences and Neighborhood Meetings
1. Any request for a "fabricated" telecommunication facility such as a
separate tower, fake water tanks, fake trees, light poles etc. must be
scheduled for a pre-development conference with the City Council prior to
the submittal of an application to the City.
2. Any request proposed within or in close proximity to a residential
neighborhood shall conduct a Neighborhood Meeting as early in the
• process as feasible.
F. Standard Conditions for facilities on City-owned property
In addition to project-specific conditions, the following standard conditions shall
be applied to any facility on City owned property in order to ensure that the City
obtains the proper leasing documents prior to installation:
1. Prior to issuance of a building permit, the applicant shall:
a. Obtain a right-of-way permit and provide a $5,000 security to the
satisfaction of the City Engineer.
b. Submit a request for and attend a pre-construction meeting with a
City Engineering inspector. The applicant/developer shall be
responsible to ensure that all necessary individuals such as, but not
limited to, contractors, subcontractors, project civil engineer and
project soils engineer, attend the pre-construction meeting.
c. The building permit plans shall include a utility plan that shows the
equipment layout. / '
14 of 17 February 5, 2019, Item # .I
. Wireless Communication Facilities Policy
September 2004
Page 4 of 5
d. Submit all required leasing documentation, including but not •
limited to insurance certificates and the annual rent check, to the
satisfaction of the Department of Community Services and City
Clerk and obtain their authorization for issuance of a building
permit.
e. The applicant shall enter into a Master Communications Site
License Agreement, prepared and agreed to, by the City Attorney
•
and City Council.
2. Prior to energizing the switch gate, the applicant shall receive final
approvals from the Administrative Services Department, Public Works
Department, Fire Department and Development Services Department
(Planning, Engineering and Building Divisions).
G. Standard Conditions for Facilities on Private Property and City-Owned Property
In addition to project-specific conditions, the following standard conditions shall
be applied •
1. The approval 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.
2. Prior to building permit 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 California to measure exposure levels at
the location after the facility is in operation. 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.
The facility shall not commence normal 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.
3. The antennas shall not be activated for use until a final inspection is
conducted by the City.
4. The Building Permit plans shall include a utility plan that shows the
equipment layout.
15 of 17 February 5, 2019, Item ff I I
•
Wireless Communication Facilities Policy
September 2004
• Page 5 of 5
5. 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.
6. The facility shall be operated in such a manner as to minimize any
possible disruption caused by noise. Backup generators shall 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.
7. The owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in the permit.
8. The.wireless 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 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
government. If there is any change in the manner in which the facility is
operated or change in the MPE, the applicant 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. The applicant shall hire a qualified
electrical.engineer licensed by the State of California to measure exposure
levels at the location after the facility is in operation. 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.
to the Director of Development Services for review and approval. The
Director may also require an updated report as part of any review of this
Conditional Use Permit.
9. The owner of the wireless telecommunications facility shall remove all of
the communication equipment, and associated structure's, approved
pursuant to this permit within 60 days of ceasing operation of the
telecommunications facility.
m:\planning\memo04\wireless policy.doc
16 of 17 February 5, 2019, Item # T 1
1 �
,iECEIVED
SEP 282018
CoT OF POWAY
AGREEMENT OF UNDERSTANDING C"BENT SERVICES
?tit g'°ft
h City Council for the City of Poway, hereinafter referred to as "City" and
f�"Uf(]oh7j /M. , hereinafter referred to as Proponent"
enter into this Agreement of Understanding based upon the following facts:
Proponent owns or has an equitable interest in land described by tax Assessor's
Parcel Number(s) 3Z3 - 5-49/ — aZ . Proponent desires to develop
this property in accordance with the will of the City and without the expense of a
protracted development.
City is concemed that Proponent will create development plans unsatisfactory to
City and consume time and effort of City employees needlessly on unsatisfactory
development plans unless City assists in directing Proponent. Based upon the above-
mentioned facts, City will grant Proponent a hearing prior to filing any application for
development upon the following understanding:
a. City will render no decision with regards to any development proposal or part
thereof.
b. City will receive no evidence, specific in nature, in support of a particular
development plan.
c. City will make no representations that will obligate the City to render a decision in
favor of or against any development proposal or part thereof Proponent may
subsequently submit.
d. If any development proposal is subsequently submitted, Proponent will proceed
at its sole and exclusive risk with the understanding that City has made no
representations upon which Proponent may rely.
Dated: 09,27, 2o/er Proponent: Said AlitLikea-5
Signature /
17 of 17 ATTACHMENT � �/��ary 5, 19, Item#'f. I