Item 3.2 - CUP 16-010; Request to Upgrade Existing Wireless Telecomm; 14264 Tierra Bonita Rd. of Po�� APPROVED ■
G�� 9y APPROVED AS AMENDED O
�'""'� City of Poway DENIED
(SEE MINUTES)
REMOVED
TyFCi'YINTHEC9-�' COUNCIL AGENDA REPORT CONTINUED
RESOLUTION NO.P n -09
DATE: March 7, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services hl
CONTACT: Oda Audish, Associate Planner C `
(858) 668-4661 / oaudish(c�poway.orq
SUBJECT: Conditional Use Permit 16-010: A request to upgrade
an existing wireless telecommunications facility.
Summary:
Conditional Use Permit (CUP) 16-010 is a request to modify an existing CUP for Verizon
Wireless in order to upgrade an existing wireless telecommunications facility at 14264 Tierra
Bonita Road, in the Rural Residential A (RR-A) zone. The upgrade would consist of
removing five existing antennas and a microwave dish located on a building and installing a
faux tree structure that will contain nine antennas and six Remote Radio Units (RRUs) and
a microwave dish. The project complies with all City development standards.
Recommended Action:
It is recommended that the City Council approve CUP 16-010, subject to the conditions of
approval in the Resolution included as Attachment A.
Discussion:
The applicant, Verizon Wireless, is requesting approval to install a faux tree antenna facility
as part of an upgrade to an existing wireless telecommunications facility located at 14264
Tierra Bonita Road. The 8.2-acre site is zoned RR-A and is surrounded primarily by rural
residential single-family development. The antenna facility is located over 400 feet from the
nearest neighboring home to the south. The project site also borders a City-owned open
space lot to the west and the Poway Rodeo Grounds, owned by the Poway Valley Riders
Association, to the north. A zoning and location map is included as Attachment B.
The property is located on top of Kent Hill and contains a single-family home and five
telecommunications antenna facilities (Attachment C). Verizon's existing telecommunications
facility was approved in 1995 under CUP 95-006 for AirTouch Cellular, which subsequently
was taken over by Verizon. The facility consists of an equipment enclosure and mechanical
equipment building that supports five panel antennas and a microwave dish.
Telecommunications facilities are considered public facilities. Section 17.08.120 of the
Poway Municipal Code (PMC) requires City Council to consider approval of public facilities
in the RR-A zone with a CUP, subject to making the required findings as specified in PMC
17.48.070.
1 of 22 March 7, 2017, Item # 3.2
CUP 16 -010
March 7, 2017
Page 2
Verizon is requesting to expand its facility to nine panel antennas which would be attached
to a proposed 35 -foot high faux tree. The antennas, six Remote Radio Units (RRUs) and
a microwave dish antenna would be placed on a triangular shaped frame attached to the
"trunk" of the "tree" (Attachments D and E). The faux tree would be located to the north side
of the existing Verizon equipment building.
The existing enclosure and building would remain and would contain an emergency back-
up generator, various equipment cabinets and three (3) new Geographic Positioning System
(GPS) antennas. The existing antennas and microwave dish attached to the equipment
building would be removed.
To visually hide the new antennas in the foliage of the faux tree, the "leaves" of the faux tree
would extend approximately three feet beyond the limits of the antennas both in height and
girth. The antennas and framing would be painted dark green and covered with foliage
pattern "socks" (fabric covers). The applicant has submitted two photo simulations showing
the proposed tree in relation to the surroundings as seen from Twin Peaks Road and Tierra
Bonita Road (Attachment F).
Pre - Development Conference
On September 6, 2016, a Pre - Development Conference (PDC) was held to seek
City Council input regarding Verizon's proposal to install a faux tree antenna facility
(minutes from that meeting are included as Attachment G). The PDC was held in
accordance with the City Wireless Communications Policy when a faux tree is proposed.
Although the policy discourages the use of faux trees because of a concern for visual
impacts, the faux tree design technology has improved since the adoption of the policy,
resulting in more natural looking "trees." The City Council members voiced their support for
the proposed faux tree design during the PDC.
Radio Frequency (RF) Report
A report has been prepared, and is included with the application. It demonstrates that the
proposed facility will operate in compliance with Federal Communications Commission
(FCC) standards. The facility will be required to comply with FCC operational standards, and
standard conditions of approval are recommended for the project pertaining to the following:
A Confirming Radio Frequency (RF) Report is to be completed and submitted to the
City by the applicant after the antennas are installed to verify operations are in
compliance with FCC standards.
An independent third -party review to verify the Confirming RF Report findings may
be conducted at the applicant's expense as determined by the Director of
Development Services.
Neighborhood Meetinq
A neighborhood meeting was held on December 7, 2016, with staff in attendance, to allow
the applicant an opportunity to present the project to surrounding property owners and to
2 of 22 March 7, 2017, Item # 3 -L
CUP 16 -010
March 7, 2017
Page 3
respond to any questions or concerns. A notice was sent to property owners and occupants
within a 500 -foot radius of the site. Two neighbors attended the meeting and two other
neighbors contacted staff separately.
While no neighbors expressed opposition to the antenna upgrade or design, there were
some concerns about the general upkeep of the shared private road /driveway which
provides access to the project site from Tierra Bonita Road. Verizon, who is one of several
parties to the road maintenance agreement, has indicated its willingness to work with the
neighbors to fix the existing paving in certain problem areas following the installation of the
faux tree. Consistent with City policy, the Resolution contains a condition of approval to
require repair of private road damage caused by a construction project. Any additional road
repair would be a private agreement not enforced by the City.
Environmental Review:
The proposed project is Categorically Exempt from the California Environmental Quality Act
(CEQA) as a Class 3 Categorical Exemption, pursuant to Section 15303(d), in that the
project involves the installation of a telecommunications facility which will provide a utility
extension to serve the surrounding areas.
Fiscal Impact:
None.
Public Notification:
A public notice was published in the Poway News Chieftain and mailed to property owners
and occupants located within 500 feet of the project site.
Attachments:
A. Resolution
B. Zoning and Location Map
C. Property Site Plan
D. Project Site Area (Enlarged)
E. Elevations of the Proposed Faux Tree
F. Photo Simulations of Project Site Before and After Installation of Proposed Faux
Tree
G. Minutes from the September 6, 2016, City Council PDC 16 -002
Reviewed /Approved By: Reviewed By: Approved By:
./
NXI w
Wendy Kaserman Morgan Foley Tina M. White
Assistant City Manager City Attorney City Manager
3 of 22 March 7, 2017, Item # 3.2
RESOLUTION NO. P -17-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT (CUP) 16 -010
ASSESSOR'S PARCEL NUMBER 321- 191 -27
WHEREAS, Conditional Use Permit (CUP) 16 -010 was submitted by Kyle
Denardo, for Verizon Wireless, Applicant/ Jill Fleming Ogilvie and J. Patrick Fleming,
JR, Owner, to modify CUP 95 -006 for Verizon Wireless in order to upgrade its existing
telecommunications facility located at 14264 Tierra Bonita Road, within the Rural
Residential -A (RR -A) zone. The proposed upgrade consists of replacing five existing
antennas and microwave dish located on a building with a faux tree structure that will
contain nine antennas and six Remote Radio Units (RRUs) and a microwave dish; and
WHEREAS, on March 7, 2017, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt from the California
Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption, pursuant to
Section 15303(d), in that the project involves the installation of a telecommunications
facility which will provide a utility extension to serve the surrounding areas.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 16 -010 to install a faux tree structure that will contain
nine antennas and six Remote Radio Units (RRUs) and a microwave dish located at
14264 Tierra Bonita Road, within the Rural Residential -A (RR -A) zone are made as
follows:
A. The proposed location, size, design, and operating characteristics of the proposed
telecommunications facility are in accord with the title and purpose of Chapter
17.48 PMC (Conditional Use Permit Regulations), the General Plan, and the
development policies and standards of the City in that the facility has been
designed, sited and screened such that it will not result in visual impacts to the
surrounding community.
B. The location, size, design, and operating characteristics of the proposed
telecommunications facility 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 facility has been designed and sited such that it
will not result in visual impacts to the surrounding community. The use will comply
with Federal Communications Commission (FCC) design and operational
standards. The facility is unmanned and will not create traffic impacts.
4 of 22 ATTACHMENT A March 7, 2017, Item #3.2
Resolution No. P-
Page 2
C. The proposed telecommunications facility is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the
proposed facility will be located in a rural hillside area and consist of a "broadleaf'
faux tree that will blend in with the surrounding vegetation.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed telecommunications facility.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed telecommunications facility has been
designed, sited and screened such that it will not result in a visual impact to the
surrounding community, and the facility 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 proposed telecommunications facility 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 facility will enhance telecommunications coverage in the City
and is compatible with the four other existing onsite telecommunication facilities.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed telecommunications facility is located on a
developed property and does not involve the removal of natural habitat resources.
There are no relevant negative impacts associated with the proposed
telecommunications facility 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 telecommunications facility will not be materially injurious
to properties or improvements in the vicinity, nor be contrary to the adopted
General Plan in that the facility has been designed and sited such that it will not
result in visual impacts, and will comply with FCC design and operational
standards.
K. The proposed telecommunications facility will comply with all the applicable
provisions of Chapter 17.48 PMC, in that the facility has been designed and sited
such that it will not result in visual impacts, and will comply with FCC design and
operational standards.
Section 3: 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.
5 of 22 March 7, 2017, Item #'..' •2
Resolution No. P-
Page 3
Section 4: The City Council hereby approves CUP 16 -010 to replace five existing
wireless telecommunications antennas and one microwave dish with a faux tree
structure that will contain nine antennas and six Remote Radio Units (RRUs) and a
microwave dish at 14264 Tierra Bonita Road as shown on the approved plans on file
with the City, 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.
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 CUP 16 -010 shall remain in effect for the life of the subject
wireless telecommunications facility, and shall run with the land and be binding
upon future owners, successors, heirs, and transferees of the current property
owner.
F. CUP 16 -010 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.
6 of 22 March 7, 2017, Item # 3.2
Resolution No. P-
Page 4
G. Conditions of approval included in Resolution No. P- 95-48, approving CUP 95 -06
are in full force and effect, except as amended herein.
H. The applicant shall obtain a Building Permit prior to installation of the facility.
Prior to issuance of a Building Permit, the applicant shall comply with the
following:
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 accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City departments will be
required.
3. 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.
4. 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 K.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.
5. The antennas shall not be activated for use until the Building Division
conducts a final inspection of the structure.
6. The Building Permit plans shall include a utility plan that shows the
equipment layout.
7. A planting plan shall be submitted for review and approval to demonstrate
compliance with the required 30 -feet of vegetative fuel management while
maintaining adequate vegetation which provide screening of and
otherwise allows existing antenna facilities to blend in with the natural
setting.
If the modified landscape area is equal to or greater than 2500 square
feet, a landscape and irrigation plan shall be submitted and approved in
accordance with Poway Municipal Code Chapter 17.41 PMC. The
landscape and irrigation plans shall demonstrate compliance with the City
of Poway Landscape and Irrigation Design Manual, Chapters 17.07 and
7 of 22 March 7, 2017, Item # 3 -Z
Resolution No. P-
Page 5
17.41 of the Poway Municipal Code (PMC), and all other applicable
standards in effect at the time of landscape and irrigation plan check
submittal. This includes but is not limited to the submittal of an irrigation
audit report, pursuant to Section 17.41.110 of the PMC, prior to final
inspections /issuance of a Certificate of Occupancy.
The landscape and irrigation plan submittal is a separate submittal from
other project plan check submittals, and is made directly to the Planning
Division. Contact the Planning Division for copies of applicable City
standards, the landscape and irrigation plan submittal checklist and the
plan review fee worksheet. Landscape and irrigation plan review fees are
required and are the responsibility of the applicant.
8. The leaves of the faux tree and the antennas shall be a color and texture
that blends with the surrounding vegetation. A color sample shall be
provided to the Planning Division for review and approval. The approved
color shall be depicted on the building plans.
9. The antennas no longer in use shall be removed from the site and shall be
shown on the site plan.
The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
The applicant is required to meet all applicable Poway Municipal Code
and California State Fire and Building Codes for this project.
2. The project is located within the very high fire hazard area of the City and
is new construction; therefore, California Building Code Chapter 7A and
2012 International Wildland -Urban Interface Code with local amendments
shall apply.
3. This project shall include 30 -feet of vegetative fuel management
measured in all directions from the proposed structure. This area shall
include the removal of flammable vegetation, dead vegetation and dying
trees and plantings.
J. Prior to issuance of the Certificate of Occupancy:
1. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from appropriate City departments will be
required.
(Engineering)
2. The applicant shall repair, to the satisfaction of the City Engineer, any and
8 of 22 March 7, 2017, Item # 3.2
Resolution No. P-
Page 6
all damages to public improvements caused by construction activity from
this project.
3. The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City
Engineer.
K. Upon establishment of the wireless telecommunications facility, pursuant to
CUP 16 -010, the following shall apply:
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 facility 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 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. The existing antennas and microwave dish on the equipment enclosure
shall be removed within 30 days of having satisfactorily demonstrated
compliance with Federal Guidelines as outlined in Condition of Approval
K.1.
3. 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.
9 of 22 March 7, 2017, Item #.I • 2
Resolution No. P-
Page 7
4. Faded tree leaves or damaged limbs shall be replaced to ensure the long
term natural appearance of the faux tree to the satisfaction of the Director
of Development Services.
5. The owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit.
6. The operator of the facility shall be strictly liable for interference caused by
the facility 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.
7. The 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 within 500 feet of the
facility 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.
8. If there is any change in the operating characteristics of the facility, a
report pursuant to condition H.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
Conditional Use Permit.
9. 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.
10. The owner of the 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.
Section 5: The approval of CUP 16 -010 shall expire on March 7, 2019, at 5:00 p.m.
unless, prior to that time, a Building Permit has been issued and construction on the
property in reliance on the CUP approval has commenced.
10 of 22 March 7, 2017, Item # 3.2
Resolution No. P-
Page 8
Section 6: 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 by the City Council of the City of Poway
at a regular meeting this 7th day of March 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, City Clerk
11 of 22 March 7, 2017, Item # 3 •Z
Resolution No. P-
Page 9
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, the City Clerk of the City of Poway, do hereby certify under penalty of perjury that the
foregoing Resolution No. P -17- was duly adopted by the City Council at a meeting
of said City Council held on the 7th day of March 2017, and that it was so adopted by
the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, City Clerk
City of Poway
12 of 22 March 7, 2017, Item # 3•z
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City of Poway — Minutes — September 6, 2016
billing and compliance with Medicare reporting, staff was recommending entering
into an agreement for specialized contract services for ambulance billing and
Medicare reporting services.
Council comments and questions ensued.
Motioned by Deputy Mayor Cunningham, seconded by Councilmember
Leonard, to authorize the City Manager to enter into an agreement with
Wittman Enterprises for ambulance billing and Medicare reporting services, in
a form acceptable to the City Attorney. Motion carried unanimously.
4.2 Pre - Development Conference 16 -002: Faux Tree Antenna Design for an existing
telecommunications facility located at 14264 Tierra Bonita Road
Associate Planner Oda Audish presented the report via PowerPoint.
Council provided direction to applicant and staff in support of the proposal.
5. WORKSHOP
5.1 Workshop on the Villa De Vida project
Development Services Director Bob Manis presented information along with a
PowerPoint for a workshop to discuss a partnership with Villa De Vida and Mercy
Housing on the construction of an affordable housing development with 54 units for
developmentally disabled individuals. Mr. Manis discussed the concept site plan,
project issues and questions, and the execution of a Disposition, Development, and
Loan Agreement (DDLA) to implement the project.
Villa De Vida Executive Director Ashley Kim and Mercy Housing Vice President Ed
Holder gave a PowerPoint presentation regarding their mission and goals for the
project.
The following speakers addressed the Council:
Speakers in support. Dean Weese, Janice Pepin, Hams Pierce, Lori Haase, Denise
Tibbs, Margot Morpeth, Loma Sheedlo, Brian Miller, Beckie Poison, Jody Campillo,
Tony Rubino, Andrew Lindhart, Tara Lindhart, Kathleen Kennedy, Carlos Rodriguez,
and Diana Augustine.
Submitted slips in support but did not wish to speak Bernadette Conway, Tom
Conway, Debbi Bumpers, Felix Nazario, Robert Wynhamer, Linda McMonan, Bob
Beavers, Claudia Brinneman, Jeff Edgar, Kristin Gamica, Marissa Annandono,
Joseph Annandono, Teresa Worley, Vesna Jovanovic, Lauren Clow, Ellen Cryder,
Julia Uhll, James Lippert, Denise Longo, Sydelle Enyeart, Sam Parsi, Deena Pierce,
Phil & Shauna Schneider, Pam Hsu, Geoffrey Hsu, Linda Lisenby, Pat Moore,
22 of 22
291
ATTACHMENT G March 7, 2017, Item # 3.2-