Item 11 - CUP 20-003, A Request to Modify an Existing Wireless Telecomm Antenna Facility at Poway High SchoolNovember 17, 2020, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway November 17, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services {Al\ Austin Silva, Senior Planner A( 858-668-4658 or asilva@poway.org CITY COUNCIL Conditional Use Permit 20-003, a request to modify an existing wireless telecommunications antenna facility at Poway High School The applicant is requesting a Conditional Use Permit (CUP) to modify an existing T-Mobile wireless telecommunications antenna facility, also known as a wireless communications facility (WCF), at Poway High School located at 15500 Espola Road, within the Public Facility (PF) zone. The modification consists of relocating three antennas from an existing 100-foot tall stadium light pole near the north end of the football/soccer field (field) onto a recently installed 90-foot tall stadium light pole near the south end of the field and will include six new additional antennas. After the installations are complete, the 100-foot pole will be fully removed. The project has been designed to comply with the City's development standards. Recommended Action: It is recommended that the City Council take public input and adopt the Resolution. Discussion: Background The applicant is lnfinigy on behalf ofT-Mobile and the property owner is Poway Unified School District. The facilities are located on stadium light poles on the east side of the field at Poway High School in the PF zone (Attachment B). As shown on the site plan (Attachment C), Poway High School recently installed a 90-foot tall stadium light pole near the south end of the field (Location B) and will be removing the existing 100-foot tall stadium light pole near the north side of the field (Location A) which necessitates the need for T-Mobile to relocate their antennas. The applicant is requesting to modify the existing WCF in order to provide its customers enhanced services and to accommodate a light pole removal by Poway High School. Poway High School's 1 of 16
November 17, 2020, Item #11football/soccer field is located along the west side of Espola Road. The baseball field is west of the field, school buildings are located south of the field, a student parking lot is located north of the field, and single-family residences border the perimeter of the High School campus. The existing WCF consists of six antennas located on a 100-foot tall stadium light pole on the north end of the field and northeast of the bleachers. The existing WCF at Location A was approved through Minor Development Review Application (MORA) 99-079. An MORA was the appropriate type of approval for a WCF in the PF zone when it was approved in 1999. The adoption of the City Wireless Communications Policy in September 2004 provided new guidelines for the application process of a WCF. Per Chapter 17.22.020 of the Poway Municipal Code (PMC), approval of a CUP is required to operate a WCF in the PF zone. A CUP was never obtained for the existing WCF at Location A. Therefore, the proposed modification relocating and establishing new facilities onto the new pole at Location B requires approval of a CUP by the City Council. The findings for a CUP are specified in PMC Section 17.48.070 and provided in Section 2 of the attached resolution. Project Description Antenna facilities for Verizon and T-Mobile exist on two separate stadium light poles beneath the light source along Poway Road. These facilities are visible along Espola Road and from some neighboring residences. Since the stadium lights on the existing poles are industrial in character, no screening was provided for the existing WCFs. The existing T-Mobile antennas at Location A have rounded connections from the antenna to the light pole and the rounded style connections will be replaced with straight-line rectangular connections to be compatible with the existing Verizon facilities as a part of the project (Attachment D). The applicant has submitted various photo simulations indicating existing and proposed antennas as seen from Espola Road (Attachment E). The photo simulations demonstrate that the antennas blend with the metallic materials of the existing light poles and standards and with the Verizon WCF. The antennas would draw minimal attention because of the slim profile design and similar materials as the light fixtures. Additionally, there are two existing T-Mobile equipment cabinets adjacent to a one-story building at the northeastern corner of the field. Both T-M obi le equipment cabinets will remain in their current locations and will still be utilized for the modified WCF. The proposed project is in compliance with the City Wireless Communications Policy in that the proposed project has been designed to visually blend in with the surroundings and therefore would be minimally noticeable to the surrounding development. Radio Frequency (RF) Report A Radio Frequency (RF) Report has been prepared, and is included with the application, that demonstrates the proposed facility will operate in compliance with Federal Communications Commission (FCC) standards. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 3 Categorical Exemption, pursuant to Section 15303(d) of the CEQA Guidelines, which exempts small facilities where only minor modifications are made to the exterior of the structure. The project involves the installation of telecommunication facilities on an existing athletic field stadium light pole, which will provide a utility extension to serve the surrounding areas. 2 of 16
November 17, 2020, Item #11Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on November 5, 2020. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Site Plan D. Elevations E. Photo Simulations of Proposed WCF Modification Reviewed/ Approved By: Wen Kaserman Assistant City Manager 3 of 16 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
November 17, 2020, Item #11RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 20-003; FOR THE MODIFICATION OF AN EXISTING WIRELESS COMMUNICATION FACILITY AT POWAY HIGH SCHOOL LOCATED AT 15500 ESPOLA ROAD; ASSESSOR'S PARCEL NUMBER 278-450-27 WHEREAS, Conditional Use Permit (CUP) 20-003 submitted by lnfinigy (Applicant), on behalf of T-Mobile and Poway Unified School District (Owner), requests to modify a wireless communication facility (WCF) at Poway High School's football/soccer field (field) located at 15500 Espola Road in the Public Facilities (PF) zone. The modification consists of relocating three antennas from an existing 100-foot tall stadium light pole onto a recently installed 90-foot tall stadium light pole and installing six additional antennas onto the 90-foot tall light pole at the field; WHEREAS, on July 22, 1999, the Development Services Director approved Minor Development Review Application (MORA) 99-79 for the installation of a wireless communication facility consisting of six antennas installed on a 100-foot tall stadium light pole and the installation of a radio equipment cabinet at Poway High School's field; WHEREAS, on November 17, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the City Council has read and considered the agenda report for the proposed project, including attachments, and has considered other evidence presented at the public hearing; and WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a CUP; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 3 Categorical Exemption, pursuant to Section 15303(d) of the CEQA Guidelines, which exempts small facilities where only minor modifications are made to the exterior of the structure. The project involves the installation of telecommunication facilities on an existing athletic field stadium light pole, which will provide a utility extension to serve the surrounding areas. SECTION 2: The findings for CUP20-003, in accordance with Section 17.48.070 of the PMC (Findings required before granting or altering permit), are made as follows: A. The proposed location, size, design, and operating characteristics of the proposed modification to an existing WCF are in accordance with the title and purpose of PMC Chapter 17.48 (CUP Regulations), the General Plan, and the development policies and standards of the City, including, but not limited to, the City Wireless Communications Policy in that the modified WCF will be located on an existing athletic field light pole and the antennas will be mounted underneath the light source and are similar in materials and style to the light pole and a nearby WCF operated by Verizon. No visual impacts to the 4 of 16 ATTACHMENT A
November 17, 2020, Item #11community are anticipated. Resolution No. 20-Page 2 B. The location, size, design, and operating characteristics of the proposed WCF will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, residents, buildings, structures, or natural resources in that the modified WCF will be relocated on an existing athletic field light pole and the antennas will be mounted underneath the light source. The use will comply with Federal Communications Commission (FCC) design and operational standards. C. The modified WCF is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the WCF will be relocated on an existing athletic field light pole and the antennas will be mounted underneath the light source and are similar in materials and style to the light pole and a nearby WCF operated by Verizon. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed WCF. E. There will not be a harmful effect upon the desirable neighborhood characteristics in that the modified WCF will be relocated on an existing athletic field light pole and the antennas will be mounted underneath the light source compatible with surrounding light poles and a nearby WCF and the WCF will comply with FCC design and 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 modified WCF 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 modified WCF will be located on an existing athletic field light pole and the facility will enhance telecommunications coverage in the City with no significant visual impacts. H. There will not be significant harmful effects upon environmental quality and natural resources in that the modified WCF will be relocated on an existing athletic field light pole and does not involve the removal of natural habitat resources. I. There are no relevant negative impacts associated with the proposed modified WCF that cannot be mitigated in that the facility will comply with FCC design and operational standards. J. That the potential impacts, and the proposed location, size, design, and operating characteristics of the modified WCF 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 modified WCF will be relocated to an existing athletic field light pole and the antennas will be mounted underneath the light source, and will comply with FCC design and operational standards. K. The proposed modified WCF will comply with all the applicable provisions of PMC Title 17 (Zoning Ordinance), in that the facility is a conditionally permitted use and has been designed and sited such that it will not result in significant visual impacts, and will comply with FCC design and operational standards. 5 of 16
November 17, 2020, Item #11Resolution No. 20-Page 3 SECTION 3: The City Council hereby approves CUP20-003 relocating three antennas onto a 90-foot tall stadium light pole and installing six additional antennas at 15500 Espola Road in the Public Facilities (PF) zone, as shown on the approved plans incorporated herein by reference and stamped as "Exhibit A" and dated November 17, 2020 on file in the Development Services Department, except as noted herein, 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, challenge, or annul this 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. This CUP approval shall be in substantial conformance with the approved plans stamped as "Exhibit A" with minor modifications including antenna and equipment enlargements and relocations permitted by the Development Services Director. 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 CUP20-003 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. The CUP 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. Prior to start of any work within the public right-of-way or City easement, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. H. The applicant shall obtain a Building Permit prior to work commencing. Prior to issuance of a Building Permit, the applicant shall comply with the following: 6 of 16
November 17, 2020, Item #11Resolution No. 20-Page 4 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 substantial accordance with the approved plans stamped as "Exhibit A" on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. 3. A $3,000 deposit shall be submitted to the Development Services Department to ensure completion and submittal of the required Confirming Radio Frequency (RF) Report, as specified in condition of approval J.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 of the proposed structures and finals the permit. 5. The Building Permit plans shall include a utility plan that shows the equipment layout. I. Prior to activation of the antennas, the applicant shall comply with the following: 1. The site shall be developed in substantial accordance with the approved plans on file in the Development Services Department stamped as "Exhibit A" and the conditions contained herein. A final inspection from appropriate City departments will be required. 2. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. J. Upon establishment of the modified WCF, pursuant to CUP20-003, the following shall apply: 7 of 16 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 WCF 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
November 17, 2020, Item #11Resolution No. 20-Page 5 the telecommunications installation is in compliance with 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 including wear and tear shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 3. 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 PMC. 4. The owner or operator of the WCF shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 5. The operator of the WCF shall be strictly liable for interference caused by the WCF 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. 6. The WCF 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 WCF 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. 7. If there is any change in the operating characteristics of the WCF, a report pursuant to Condition J.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 CUP. 8. 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. 9. The owner of the WCF 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. SECTION 4: The approval of CUP20-003 shall expire on November 17, 2022, at 5:00 p.m., unless prior to that time, a Building Permit has been issued and construction on the property 8 of 16
November 17, 2020, Item #11Resolution No. 20-Page 6 in reliance on the CUP approval has commenced. 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 at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of November, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 9 of 16
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