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Item 11 - Pre-Dev. Conference 21-003, request for review of a proposal to construct a wireless communication facility at Abraxas HS 12450 Glen Oaks RdOctober 5, 2021 , Item # 11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway October 5, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services M Austin Silva, Senior Planner 858-668-4658 or asilva@poway.org CITY COUNCIL Pre-Development Conference 21-003, a request for review of a proposal to construct a wireless communication facility at Abraxas High School located at 12450 Glen Oak Road MD7 (Applicant) is proposing to construct a wireless communication facility (WCF), consisting of a 35-foot-high faux eucalyptus tree and at-grade equipment cabinets enclosed by a CMU block wall, located at Abraxas High School at 12450 Glen Oak Road in the Public Facility (PF) zone. The project is subject to approval of a Conditional Use Permit (CUP) by the City Council. The review of Pre-Development Conference (PDC) 21-003 is advisory only. The City Council will not render any decision. If the Applicant wishes to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely. Recommended Action: It is recommended that the City Council provide input and direction regarding the request. Discussion: The Applicant is MD7, and the property owner is Poway Unified School District (PUSD). PUSD, as the property owner, would need to sign off on a formal application if this one is submitted in the future. The subject property is located at 12450 Glen Oak Road, at the northeast corner of Pomerado Road and Glen Oak Road in the PF zone (Attachment A). Surrounding land uses include Arbolitos Park and sports fields to the north, multi-family residential and Poway Fire Station 3 to the west, and single-family residential to the south and east. There are two existing WCFs at Abraxas High School located in the northerly portion of the site, just south of the parking lot for the Arbolitos Sports Fields. In March 2004, the City Council approved a CUP to allow a WCF to be built and operated by Sprint. The Sprint WCF, which has antennas mounted onto a light pole and ancillary equipment inside a CMU block wall enclosure, would be removed to accommodate the proposed faux eucalyptus tree. In April 2015, the City Council approved a CUP at the subject property to allow a WCF with a faux eucalyptus tree, similar to the one proposed, to be built and operated by Verizon Wireless (Verizon). 1 of 17 October 5, 2021 , Item # 11As shown in the site plan (Attachment B), the proposed WCF would be located just east of the existing Verizon WCF and would consist of a 35-foot-high faux eucalyptus tree (Attachment C) with six antennas. The antennas would be screened by the faux "foliage" of the faux eucalyptus tree as shown in the photo simulations (Attachment D). The equipment cabinets would be located southeast of the faux eucalyptus tree at ground level and enclosed by a tan colored, eight-foot-high split-face CMU block wall, similar to the existing Verizon enclosure. The proposed wireless facility is consistent with the City's 2004 Wireless Communication Facility Policy (Policy) guidelines (Attachment E). While the Policy discourages faux trees, the City has permitted faux trees for wireless telecommunication purposes when they blend with other trees in the surrounding area. At this location, there are several mature eucalyptus trees along the east side of Pomerado Road and south of the parking lot for Arbolitos Sports Field, which provides an ideal location for an additional faux eucalyptus tree. The Policy requires that any request for a "fabricated" WCF such as a faux tree be scheduled for a PDC with the City Council prior to the submittal of an application to the City. The proposed WCF is consistent in height, color, and materials to the other WCF on-site, which will remain. The review of PDC 21-003 is advisory only. The City Council will not render any decision. If the Applicant desires to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Applicant may rely. The Agreement of Understanding is included as Attachment F. 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: None. Attachments: A. zoning and Location Map B. Site Plan C. Elevations D. Photo Simulations E. City Wireless Communication Facility Policy F. Agreement of Understanding Reviewed/Approved By: Wendyaserman Assistant City Manager 2 of 17 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager October 5, 2021 , Item # 11RR-C ... NORTH 3 of 17 0S-R OS-RM Subject Loe 12450 Gle City of Poway Zoning / Location Map Item: PDC 21-003 0 125 250 500 ~~~~~Feet ATTACHMENT A October 5, 2021 , Item # 11I 0 ~ ... -..J ; ~ l> : --4 I --4 • l> 5 n 0 :I: ~ ~ i m i z i --4 l ta I ID I i I 1-- iv,::::===:::::-, i -D j ~ I OVERAU SITE PL.AH ! I orsa....e • ntsSl'TEA.JrHWASGBERATB> "MTHOU'llll:'99Efft<:F.-..!l.R\EY, LOCATDISOfJIA3F"ERTYLNSNC vnmESME.APflRlQM~ SJ.>!,~~~~ -=~- i / ~ ~ I-~; ! <>0vV CJ I -✓~ ~ C~/~ ~ I /, \._~\. -VJUIY- ~~TO \ \i LJ ~:;;\& ,---------~ , l _,---;-I --~--31 I --,---;--------\--,--~ ' ' I I j 1' a \._=\ I ':-. '<'<', .._____ _ __,,, -;1 ~ . ~. f!~~:~~/!!!.~'f</::j =, -11 \._=\. o◊ \_~--"\. VD -•I-.,,.a,, JI' , 1.......,,1 """""""'"" I • • J.....,,,I """""""'"" I , , 1•1"'"'"1 """co. 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PROPOSED WEST ELEVATION ,,.. ..,. • .,. ... .,,, 2 EXISTING WEST ElEVATlON (ORI ..,._.,.. ... .,,, 1 ._ _________ .J October 5, 2021 , Item # 11Sprint .~. rp Mobile SDS4XC446/SD□B26SA ABRAXAS HIGH 1 24S0 C3LE:N OAK ROAO POWAY CA 92064 EXISTING 9 of 1 LDDKINO ND~TH&:ABT F ARTISTIC £1 11mr )nn, AEslms com 8779AE slms October 5, 2021 , Item # 11Sprint .~it, V Mobile SDS4XC446/SD□B26SA ABRAXAS HIGH 1 24S0 GL.&N OAK R0A0 POWAY CA 92064 1 Q Of •==mmr-;:L;O;C;Kl;;N~lll;-;S;C-;;-UT;H;E;.A:::;8;:T;:-;;F'~ROM A0JACl:NT PARKINIJ L.CT ARTISTIC I Qlll I ( AEslms com 877 9AE 5ln11 October 5, 2021 , Item # 11Sprint 11 of S DS4XC446/S D□B26SA ABRAXAS HIGH 1 2450 Gt.CN CAI( ROAO POWAY CA 92064 LDDt<INO NOR!TH~ABT F'ROM BITE AEslms com 8779AE slms October 5, 2021 , Item # 11Policy & Procedure City Wireless Communications Policy Development Services Se tember 21,.2004 5 ls/James L. Bowersox 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 12 of 17 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. ATTACHMENT E October 5, 2021 , Item # 11Wireless Communication Facilities Policy September 2004 Page 2 of 5 13 of 17 B. Pennits 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 wjth 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. October 5, 2021 , Item # 11Wireless Communication Facilities Policy September 2004 Page 3 of 5 14 of 17 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 attacl,ied 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 3 5 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 antem1as on flagpoles shall be concealed within the pole. E. Pre-development Conferences and Neighborhood Meetings l. 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. October 5, 2021 , Item # 11Wireless Communication Facilities Policy September 2004 Page 4 of 5 15of17 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 pnor 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. October 5, 2021 , Item # 11Wireless 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 m1mm1ze 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.rn. 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 pe1mit. 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 Perrnissjble 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 "'.hich 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 structures, approved pursuant to this permit within 60 days of ceasing operation of the telecommunications facility. m:\planning\memo04\wireless policy.doc 16 of 17 October 5, 2021 , Item # 11AGREEMENT OF UNDERSTANDING City Council for the City of Poway, hereinafter referred to as "City" and Sprint PCS Assets, LLC _________________ , 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) ______ 3_1_4_-o_4_o_-o_9 ____ . Proponent desires to develop this property in accordance with the will of the City and without the expense of a protracted development. City is concerned 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: 07/09/21 Proponent: 9)diiafi :iJ""-'-'Ue oho Sprint Signature 17 of 17 ATTACHMENT F