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Item 3 - CUP 05-02; Delta Groups EngineeringAGENDA REPORT SUMMARY F Way TO: Honorable Mayor and Members of the City Council �FQry'N in FROM: James L. Bowersox, City Mana INITIATED BY: Niall Fritz, Director of Development Services A/ DATE: May 31, 2005 I� SUBJECT: Conditional Use Permit (CUP) 05 -02, Delta Groups Engineering (for Verizon). ADDlicant. APN- 316 - 063 -02 and 05 ABSTRACT The applicant is requesting a Conditional Use Permit to install a telecommunications facility on a developed residential property. The facility consists of nine 11- foot -high poles that will hold panel antennas. The associated equipment cabinets will be located on a 25 feet x 12 feet raised steel platform with steel railings. The subject property is located in the Rural Residential A (RR -A) zone at 12601 Cobblestone Creek Road. The antennas will not be readily visible to the public. There are two other approved telecommunications facilities at this location for Sprint and Nextel. The proposed telecommunications facility will comply with Federal Communications Commission design and operational standards. ENVIRONMENTAL REVIEW The proposed project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Section 15303 of the CEQA Guidelines, in that the project involves the installation of a small, new telecommunications facility providing a utility extension to serve the surrounding areas. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A public notice was published in the Poway News Chieftain and mailed to 27 individuals who were either property owners within 500 feet of the project site or interested parties. RECOMMENDATION It is recommended that the City Council approve Conditional Use Permit 05 -02, subject to the conditions in the attached proposed Resolution. ACTION M:\planning\05report\cup\05-02—Verizon—Cobblestone\sum.doc 1 of 20 May 31, 2005 Item # O:k— CITY OF P O WAY AGENDA REPORT TO: Honorable Mayor and Members g4he City Council FROM: James L. Bowersox, City Man INITIATED BY: Niall Fritz, Director of Development Services 1- " Patti Brindle, City Planner //�� Lisa Mercurio, Assistant Plannerint DATE: May 31, 2005 SUBJECT: Conditional Use Permit (CUP) 05 -02, Delta Groups Engineering (for Verizon), Applicant: A request to allow the installation of a telecommunications facility on a developed residential property. The subject property is located in the Rural Residential A (RR -A) zone at 12601 Cobblestone Creek Road, south of Poway Road. APN: 316 - 063 -02 and 05 BACKGROUND The applicant is requesting a Conditional Use Permit to install a telecommunications facility on a 6.12 -acre residential property containing a single - family home, which is located at 12601 Cobblestone Creek Road. The subject site, and surrounding zoning, is depicted on the map included as Attachment B. In December 1996, CUP 96 -19 was approved by the City Council to allow the establishment of Nextel antennas at this site. That facility consists of 3 panel antennas on 12- foot -high poles and associated equipment, and is located over 170 feet away from the proposed Verizon facility. In November 2004, CUP 04 -13 was approved by the City Council to allow the establishment of Sprint antennas at this site. That facility consists of 3 panel antennas on 12- foot -high poles and associated equipment on other poles, and is located over 60 feet away from the proposed Verizon facility, as shown on Attachment C. Several other residential properties have been approved for telecommunications installations. These recent approvals included CUP 01 -16, at 15101 Mina De Oro Road, and CUP 00 -20, at 14264 Tierra Bonita Road. Section 17.10.060 of the Poway Municipal Code makes a provision whereby the City Council can approve public facilities in the RR -A zone with a CUP, subject to the required findings specified in Section 17.48.070 of the Poway Municipal Code. It is the policy of the Poway City Council that new telecommunications facilities, whenever possible, be integrated into existing structures (i.e.; buildings, parking lot lighting fixtures, 2 of 20 May 31, 2006 Item # 3 Agenda Report May 31, 2005 Page 2 utility poles, water tanks, etc.). This request involves the installation of a new telecommunications facility with 5 equipment cabinets mounted on a 12 feet by 25 feet raised steel platform and 9 panel antennas. The panel antennas will be mounted on 11 -foot- high poles and the equipment cabinets will be mounted on the steel platform, which will be approximately 6 feet off of the ground, at the high end (Attachment E). The poles and equipment will be painted to blend in with the surrounding landscaping. The proposed facility is a component of the ultimate Verizon system for the City of Poway. Other approved Verizon sites in the area include the following locations: 12544 Kirkham Court, 16275 Pomerado Road, and 15615 Pomerado Road. The network of Verizon telecommunications sites throughoutthe region is "locational dependent," meaning that there is a necessary and logical inter - relationship between each site. Eliminating or relocating a single site can lead to gaps in the system, or areas where a continuous signal cannot be maintained, and may necessitate significant design changes or modifications to the cellular network. The proposed location will provide needed coverage to the roadways, businesses, and residences in this portion of Poway. The proposed antennas are transmit/receive stations that carry and "hand -off' signals as the user moves from one area to another. As the user moves from one cell area to the next, signals to and from the first cell site fade while those to and from the next cell site strengthen. Sophisticated computer systems sense these signal variations and automatically hand the signal off to an available channel as the user moves between areas. FINDINGS The proposed telecommunications facility consists of a total of 9 panel antennas mounted to nine 11- foot -high poles mounted in the ground, and supporting equipment on a raised steel platform (Attachment D). The antennas are "panel" type, measuring approximately 4 feet 6 inches long by 1 foot wide. They are proposed to be mounted at the upper portion of the poles. The supporting equipment will be mounted on a raised steel platform with a height of 6 feet above grade, on the west side. The poles, antennas, and equipment will be painted to integrate with the surrounding landscape. The new poles will be on the west side of the property, which is over 335 feet from the house, with the antennas facing southeast, southwest and northeast. The antennas will not be visible to the public. A reduced set of project plans is included with this report as Attachments C, D and E. The 9 panel antennas (one each on 9 poles) will be oriented to the southeast, southwest and northeast, and will be 8 feet 6 inches above grade on the centerline of the antennas. The areas of coverage will be south of Poway Road, towards Scripps Poway Parkway. The proposed antennas utilize directional transmit panel antennas, which means the antenna radio frequencies are projected in the directions the antennas are pointed. These panel antennas project the signal away from the antenna in a specific beam angle. 3 of 20 May 31, 2005 Item # 3 Agenda Report May 31, 2005 Page 3 Miscellaneous equipment is proposed to be located on a raised steel platform approximately 6 feet above grade, on the west side of the site in Verizon's lease area. This equipment consists of a Radio Transmitter equipment cabinet, an electrical meter service, and other utility equipment cabinets. This equipment poses no risk to anyone in the vicinity. The equipment will not be readily visible to the public because of its location. The applicant has also generated a photo simulation of the antennas showing the proposed poles with the antennas. Copies of the photo simulations are include as Attachment F. Full size project plans and the originals of the photo simulations will be available at the City Council meeting. This proposal will not involve any grading or change in the natural terrain. The proposed trenching and installation of the antennas and equipment will not directly disturb any native habitat. Any required Fire Fuel Management around the equipment may disturb habitat, which will require mitigation, but no disturbance is proposed. The proposed installation will blend well with the surrounding hillside and not be obtrusive to surrounding uses. The installation of these antennas will allow Verizon to extend their service area to the south and west along Poway Road. The existing residential use is over 335 feet away from the antennas, and is behind the direction of the antenna transmission beam. There are no other residential uses down the hill towards Poway Road and Springhurst Drive, the direction the antennas are aimed. The antennas will be at an elevation of 605 feet and the existing residential use is at an elevation over 650 feet. Other residential uses on the northeast side of the hill are over 500 feet away from the location of the telecommunications equipment. The antennas will be on the top of a hill that is developed with only one single - family residence. There will be no exposure issues for residents since the radio frequencies from the antennas fall off quickly and the frequencies are close to zero at the surrounding areas of use. A person would have to stand directly in front of the transmitting antenna, at a height of 10 feet above ground, 1.1 foot or less from the front of the antenna, in order to be exposed to any measurable levels. No radio frequencies will project to the rear or the side of the antennas. The antenna radio frequencies will not project into the existing nearby house. The property is partially fenced and is at the end of a private access way. Signage will be placed on and around the antennas providing warning of the Radio Frequency transmissions. Additionally, any access or disturbance to the Verizon lease area could be seen from the existing residence area. The proposed telecommunications facility will be required to comply with Federal Communications Commission (FCC) maximum permissible exposure limits. The FCC maximum allowable exposures are not set at a threshold between safety and known hazard, but rather at 50 times below a level that the majority of the scientific community believes may pose a health risk to human populations. A sign conforming with ANSI C95.2, color, symbol, and content shall be placed close to the antennas with appropriate contact information in order to alert maintenance or other workers approaching the antenna to the 4 of 20 May 31, 2005 Item # '�__ Agenda Report May 31, 2005 Page 4 presence of RF transmissions and to take precautions to avoid exposure in excess of FCC limits. If there is a change in the conditions under which the antennas will operate or a change in the standards, a condition contained in the proposed Resolution would require the operator to submit a report to the satisfaction of the Director of Development Services to verify that the antennas comply with the latest requirements. The proposed Resolution also would require the operator, should the facility no longer be necessary, to remove all of the equipment within 60 days of ceasing operations. The proposed project is consistent with City Council policy direction in that telecommunications facilities are to be screened from view. The project complies with all other City development standards. ENVIRONMENTAL REVIEW The proposed project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Section 15303 of the CEQA Guidelines, in that the project involves the installation of a small, new telecommunications facility providing a utility extension to serve the surrounding areas. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A public notice was published in the Poway News Chieftain and mailed to 27 individuals, who were either property owners within 500 feet of the project site or interested parties. RECOMMENDATION It is recommended that the City Council approve Conditional Use Permit 05 -02, subject to the conditions in the attached proposed Resolution. Attachments: A. Proposed Resolution B. Zoning Map C. Site Plan D. Enlarged Site /Equipment Plan E. Elevations F. Photo Simulations M:\planning\05report\cup\05-02—Vedzon—Cobblestone\agnrpt.doc 5 of 20 May 31, 2005 Item # -5 RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 05 -02 ASSESSOR'S PARCEL NUMBER 316- 063 -02 WHEREAS, Conditional Use Permit (CUP) 05 -02 was submitted by Delta Groups Engineering (for Verizon), Applicant, to install a telecommunications facility on a developed residential property located at 12601 Cobblestone Creek Road, in the Rural Residential A (RR -A) zone; and WHEREAS, the proposed telecommunications facility consists of nine panel antennas on 11- foot -high poles and associated equipment. Nine 11- foot -high poles will hold the panel antennas, and equipment cabinets will be mounted on a raised steel platform with a height of 6 feet from the grade on the west side; and WHEREAS, on May 31, 2005, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, 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 as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Section 15303 of the CEQA Guidelines, in that the project involves the installation of a small, new telecommunications facility providing a utility extension to serve the surrounding areas. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for CUP 05 -02 to install a telecommunications facility on property located at 12601 Cobblestone Creek Road, in 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 of the Poway Municipal Code (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 antennas will be 6 of 20 ATTACHMENT A May 31, 2005 Item # 5 Resolution No. P- Page 2 located on 11- foot -high poles and will not be readily visible to the public. The equipment will be also located on a raised steel platform that is 6 feet above grade on the west side. The use will comply with Federal Communications Commission (FCC) design and operational standards. The facility is unmanned and will not create traffic impacts. 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 will not exceed the height of existing shrubbery and rocks on an existing residential property. 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, which is proposed, in that the proposed telecommunications facility will enhance telecommunications coverage in the City. 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. I. 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 proposed 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. 7 of 20 May 31, 2005 Item # 3 Resolution No. P- Page 3 K. The proposed telecommunications facility will comply with all the applicable provisions of Chapter 17.48 of the Poway Municipal Code 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 City Council hereby approves CUP 05 -02, to install a telecommunications facility, which consists of nine 11- foot -high poles with panel antennas, and associated equipment cabinets on a raised steel platform with a height of 6 feet above grade on the west side, on a developed residential property at 12601 Cobblestone Creek Road, as shown on the plans dated March 3, 2005, subject to the following conditions. A. 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. B. Within 30 days of the date of this approval: 1. The applicant shall submit in writing that all conditions of approval have been read and understood, and 2. The property owners shall execute a Covenant Regarding Real Property. C. 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. D. The conditions of CUP 05 -02 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. E. CUP 05 -02 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. F. 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: 1. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 8 of 20 May 31, 2005 Item # 3 Resolution No. P- Page 4 2. The site shall be developed in accordance with the approved plan on file in the Development Services Department (dated March 3, 2005) and the conditions contained herein. A final inspection from the appropriate City Departments will be required. (Engineering) 3. The applicant shall obtain a City Right -of -Way Permit from the Engineering Division of the Development Services Department, and complete the following work to re- furbish Cobblestone Creek Road, to the satisfaction of the City Engineer, in the following locations: a. Asphalt paving of the western portion of the return at Cobblestone Creek Road intersection with Poway Road. b. Asphalt paving of the northerly portion of the road generally located across the driveway to 12771 Cobblestone Creek Road. C. Asphalt paving of the potholes and damaged asphalt of the area generally located west of the driveway to 12749 Cobblestone Creek Road. Prior to beginning any work, the applicant shall field review the above - mentioned locations with City Engineering staff, to establish the specific limits of the refurbishment. 4. A Right -of -Way Permit shall be obtained from the Engineering Division of the City's Development Services Department prior to performing any work within public street right -of -way or any City held easements. 5. For access to and from the project site, if other than through public streets or roads, the applicant is solely responsible for acquisition of access /road easements or agreements. (Planning) 6. The specific materials used to paint the antennas and equipment shall be depicted on the building plans. 7. 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, including any cumulative impacts of surrounding telecommunications facilities. 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 9 of 20 May 31, 2005 Item # 3 Resolution No. P- Page 5 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. 8. The antennas shall not be activated for use until a final inspection is conducted by the City. 9. The Building Permit plans shall include a utility plan that shows the equipment layout. G. Prior to occupancy, the applicant shall comply with the following fire safety requirements to the satisfaction of the Fire Marshal: 1. Provide at least one fire extinguisher with a minimum rating of 3A40BC. 2. Maintain emergency vehicle access to the site at all times. H. Upon establishment of the wireless telecommunications facility, pursuant to CUP 05 -02, the following shall apply: 1. 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. 2. 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. 3. 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. 4. Service light shall only be operated when maintenance is occurring on equipment. Service light shall be adequately shielded and directed downward to prevent light spillage on adjacent residential uses or roadways. 5. The operator of the facility shall be strictly liable for interference caused by their facility with City telecommunications systems or other public agency emergency communication systems. The operator shall stop operations of the cell site and determine the cause prior to restarting the facility. The 10 of 20 May 31, 2005 Item # 1 Resolution No. P- Page 6 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 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, a report pursuant to Condition F.4 of this Resolution shall be submitted 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. Section 4: 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. Section 5: The approval of CUP 05 -02 shall expire on May 31, 2007, 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 prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 31st day of May 2005. Michael P. Cafagna, Mayor ATTEST: L. Diane Shea, City Clerk 11 of 20 May 31, 2006 Item #3 Resolution No. P- Page 7 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. , was duly adopted by the City Council at a meeting of said City Council held on the 31 st day of May 2005, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: L. Diane Shea, City Clerk City of Poway M:\pla n ning% 05report\cup\ 05- 02_Verizon_Cobblestone\reso. doc 12 of 20 May 31, 2005 Item #3 i i�w �� 1��� '_�� �. ��. � �I �. c� ��� $ au kk L 8 alli @ u� /\ ggCCSy5 YCy o pg4 fgGGp3pj pp n4 p p � 1 \ Q * 9 \2 CL a 0 a Wn ('uJ o-F uZ� 6 '—J O W Z W X. y yy gp � y36 2 gg 6 i i 3 z N N Y 0 0 0 (Doe 0 S8 0 GO � o Y S 15 of 20 ATTACHMENT D May 31, 2005 Item # —_ 16 § § � § \ # a2 ATTACHMENT E May 31,2m %m,-7 �l, | |��, - -■ . �§�� ! ! , , . � ^ |� ^ ! � �& J % ■ §■ _ _ f t � � a a . w li |U ^ I k |1 ^ Iii k 2| 5 : ) ) - - k � } } . � U ■ � Cal # a2 ATTACHMENT E May 31,2m %m,-7 17 of 20 May 31,2o Item ■3 |f./ | �`¢ ©, 2 |!! � | f ■- �■ -, | | . � § li, fell / E j § \| ) q ` 7 } « 2 ^ ! ? BIR � 2| ) |a) @. b § %' ` | � § § > § / 17 of 20 May 31,2o Item ■3 Ch -7 "po 19 Q 0 m z Lo. 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