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Item 1 - CUP 04-14; Velocitel (for Verizon) AGENDA REPORT SUMMARY TO: FROM: .Honorable Mayor and Members~e City Council James L. Bowersox, City Mana~ Niall Fritz, Director of Development Services INITIATED BY: DATE: June 7, 2005 SUBJECT: Conditional Use Permit (CUP) 04-14, Velocitel (forVerizon), Applicant. APN: 273-820-08 ABSTRACT The applicant is requesting a Conditional Use Permit to install a telecommunications facility on a developed church property. The facility consists of three antennas inside of a replacement cross and associated ground mounted equipment cabinets in an enclosure. The subject property is located in the Rural Residential C (RR-C) zone at 16889 Espola Road. The antennas will not be readily visible to the public. The proposed telecommunications facility will comply with Federal Communications Commission design and operational standards. The proposed telecommunica- tions facility would be the second such facility at this site. In February 2001, CUP 00-11 was approved by the City Council to allow the establishment of Sprint antennas at this site. 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 new, small 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 99 individuals who were either property owners within 500 feet of the proiect site or interested parties. RECOMMENDATION It is recommended that the City Council approve Conditional Use Permit 04-14, subject to the conditions in the attached proposed Resolution. ACTION M:\planmng\05report\cup\04-14 Venzon Lutheran\sum.doc 1 of 18 June 7, 2005 Item # _._'------------~-_..._------~ -..-----.-.----.-- TO: FROM: INITIATED BY: DATE: SUBJECT: BACKGROUND CITY OF POWA Y AGENDA REPORT Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ Niall Fritz, Director of Development Services Patti Brindle, City Planner IUr- Lisa Mercurio, Assistant Planner ~ June 7, 2005 Conditional Use Permit (CUP) 04-14, Velocitel (for Verizon), Applicant: The applicant is requesting a Conditional Use Permit to install a telecommunications facility on a developed church property (Lutheran Church of the Incarnation). The facility consists of three antennas inside of a replacement cross and associated ground mounted equipment cabinets in an enclosure. The subject property is located in the Rural Residential C (RR-C) zone at 16889 Espola Road. APN: 273-820-08 The applicant is requesting a Conditional Use Permit to install a telecommunications facility within a cross at the Lutheran Church of the Incarnation located at 16889 Espola Road in the RR-C zone. The subject site and surrounding zoning are depicted on the map included as Attachment B. A Neighborhood Meeting was held on April 13, 2005, and is discussed further in the report. The proposed telecommunications facility consists of a total of 3 panel antennas mounted inside of a replacement cross, and supporting ground mounted equipment in an enclosure (Attachments C, D, and E). The antennas are "panel" type, measuring approximately 4 feet 6 inches long by 1 foot wide. The antennas would be mounted inside of the replacement cross, which will be round and is approximately 1 foot, 4 inches wide. Miscellaneous equipment is proposed to be located in an equipment enclosure near the replacement cross. This equipment consists of a radio transmitter equipment cabinet, an electrical meter service, and other utility equipment cabinets. 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 2 of 18 June 7, 2005 Item # ~ _._--".._--------~._._~----,.._--_._~--~''"-_._-._.-. ---- --.------------------ --'---~ Agenda Report June 7, 2005 Page 2 Court, 16275 Pomerado Road, and 15615 Pomerado Road. The network of Verizon telecommunications sites throughout the region is "Iocational dependent". 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 antennas will be oriented facing south, northwest and northeast. The areas of coverage will be east and west on Espola Road. 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. 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. Previous Approvals -In February 2001, CUP 00-11 was approved by the City Council to allow the establishment of Sprint antennas at this site. That facility consists of 3 panel antennas mounted to the existing bell tower and associated equipment in an enclosure. This facility is located over 220 feet away from the proposed Verizon facility (Attachment C). Other properties in the vicinity that have been approved for telecommunications installations include CUP 03-05 at 16903 Espola Road (St. John of Damascus), and MORA 02-101 north side of Espola Road, across from Orchard Bend Road (Attachment F). Neiahborhood Meetina - On April 13, 2005, a Neighborhood Meeting was held, and 97 neighbors within 500 feet were noticed. Six residents from the neighborhood attended the meeting, and had concerns regarding the clustering of cell towers in a residential area and potential health impacts. The project would comply with FCC standards with regard to radio frequency emissions. After issuance of the Building Permit and installation of the facility, the applicant will be required 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 will be submitted to the City. The facility will not be allowed to operate until it is verified that it complies with or has been modified to comply with this standard. Neighbors also expressed concerns over the antenna height. Since the neighborhood meeting, staff has received no calls or letters about this proposal. FINDINGS It is the policy of the Poway City Council that new telecommunications facilities, whenever possible, be integrated into existing structures (Le.; buildings, parking lot lighting fixtures, utility poles, water tanks, etc.). The proposed facility would be located within a new 3 of 18 June 7, 2005 Item # Agenda Report June 7, 2005 Page 3 replacement cross. The replacement cross will be on the west side of the church, which is over 350 feet from the houses to the east, and approximately 375 feet from the houses to the northwest. The bottom of the antennas will be approximately 35 feet higher than the houses on the east, and over 50 feet higher for other residences to the north and northwest. The replacement cross is approximately 150 feet from St. John of Damascus Church. The cross will be painted an off white color, similar to the existing cross. The antennas will not be visible since they will be inside of the cross. The equipment enclosure will be constructed of the same block used to construct the church and the surrounding landscape will be enhanced, where needed, to further screen the enclosure. A reduced set of project plans is included with this report as Attachments C, D and E. The applicant has also generated a photo simulation of the antennas showing the proposed replacement cross with the antennas. Copies of the photo simulations are included as Attachment G. Full size project plans and the originals of the photo simulations will be available at the City Council meeting. The supporting equipment will be located inside of a 6-foot-high, split face block wall enclosure with a trellis cover, and will be located on the west side of the church. 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 disturb any native habitat. The proposed installation will blend well with the surrounding development and not be obtrusive to surrounding uses. The installation of these antennas will allow Verizon to extend their service area to the east and west along Espola Road. Heiaht - The Poway Municipal Code (Section 17.080.170.E) allows for architectural appurtenances to churches and other religious institutions involving steeples, crosses or clock towers to exceed the height limit of 35 feet, subject to City Council approval. The existing cross is currently 45 feet in height. It is constructed of white metal and is mounted on the west side of the church. The replacement cross will also be 45 feet in height. The applicant is requesting that the antennas be allowed to be placed within the top portion of the cross, at the 45-foot height limit. This is the same height as the other telecommunications facility that is located within the church bell tower. Radio Freauency - 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 antennato the 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 4 of 18 June 7, 2005 Item #-+-- Agenda Report June 7,2005 Page 4 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 99 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 04-14, subject to the conditions in the attached proposed Resolution. Attachments: A. Proposed Resolution B. Zoning Map C. Site Plan D. Equipment Plan E. Elevations F. Approved Telecommunication Installation Locations G. Photo Simulations M:\planning\05report\cup\04-14 Verizon Lutheran\agnrpt.doc 5 of 18 June 7, 2005 Item # RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 04-14 ASSESSOR'S PARCEL NUMBER 273-820-08 WHEREAS, Conditional Use Permit (CUP) 04-14 was submitted by Velocitel (for Verizon), Applicant, to install a telecommunications facility on a developed church property located at 16889 Espola Road, in the Rural Residential C (RR-C) zone; and WHEREAS, the proposed telecommunications facility consists of three panel antennas inside of a replacement cross and ground mounted equipment cabinets inside of an enclosure; and WHEREAS, on June 7, 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 new, small 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 04-14 to install a telecommunications facility on the property located at 16889 Espola Road, in the Rural Residential C (RR-C) 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 located inside of a replacement cross and will not be readily visible to the public. The equipment will also be located inside of an enclosure near the church. The 6 of 18 ATTACHMENT A June 7, 2005 Item # Resolution No. P- Page 3 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 04-14, to install a telecommunications facility, which consists of three panel antennas mounted inside of a replacement cross and associated ground mounted equipment cabinets in an enclosure, on a developed property at 16889 Espola Road, as shown on the plans dated March 8, 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 04-14 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 04-14 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. 2. The site shall be developed in accordance with the approved plan on file in the Development Services Department (dated March 8, 2005) and the conditions contained herein. A final inspection from the appropriate City Departments will be required. 8 of 18 June 7, 2005 Item #-+-- Resolution No. P- Page 4 (Engineering) 3. 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 the public street right-of-way or any City-held easements. 4. 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) 5. The specific materials used to paint the cross, and the material and colors to construct the equipment enclosure shall be depicted on the building plans. 6. The operator shall submit calculations specifying the FCC's Maximum Possible Exposure (MPE) levels in inhabited areas within 500 feet of the facility for 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 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. 7. The antennas shall not be activated for use until a final inspection is conducted by the City. 8. 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. H. Upon establishment of the wireless telecommunications facility, pursuant to CUP 04-14, the following shall apply: 1. All facilities and related equipment shall be maintained in good repair. 9 of 18 June 7, 2005 Item # I 10 of 18 Resolution No. P- Page 5 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. The 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 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 standards 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 FA 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. June 7, 2005 Item #--L- Resolution No. P- Page 6 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 04-14 shall expire on June 7, 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 7th day of June 2005. Michael P. Cafagna, Mayor ATTEST: L. Diane Shea, City Clerk 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 7th day of June 2005, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: L. Diane Shea, City Clerk City of Poway M:\planning\05report\cup\04-14 Verizon Lutheran\reso.doc 11 of 18 June 7, 2005 Item # I ((1!J;A W~~I~~~~\~ J C) 1 I 'l;:; 2-:). ~ u 1:'<\ 'ft \I 7r ~'>-J _ <J ~ 1"-'<' "I. Y C\.IM~ l: &R. R -A 0'vClir k:;/ /'- -xt. ~:::J CHARiA:$ "- t;~ ~ ti;; r~ ~ "'~EM. kflAdtltJUfl "-rl~~~~A..&:'Vf,I(->~ OS-RM- I' I tAll/) 1< /-< "-- / r--~ '\'- I L . 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Ir\\ ~~L1 ~~ / ~/~~ I) g \ cr- f0'~!>'~J~,.jA fA ,,\ ---.J ...>>"::- ~~'q""t'I-- Y ~<v >f(b"I/II/(,,\ J'\c-~/'''~1'. :' ~ 07 r---.. ~ '1 ~ V,{1/ c./ / 7: I^-l":. 0 _L7~JTl \-c~ .j CITY OF POWAY ITEM: CUP 04-14 SCALE: N.T.S. g TITLE: ZONING/LOCATION MAP 12 of 18 ATTACHMENT B June 7,2005 Item # -lit--"" \ ./' , , / gi -Ii , , I ...... !'Sl 0 eIJ Tl - ' A..PH A" r "10 IKIN 0 1..0 T ~...) I " 100' SET """" 1 I I Verizon Equipment' I ~ wI : I , u 1 DISIM.... .lat' YrTAL I ClIOlIIIIllI.IN1DOICMU W',", WIlU.'IU.JIElIUCIDITA PRCl'OSID_-m; SUPl'OWf-4ffIllGlM,-': '\j S1[M.1Il CJIaIS n. --. I IID'M. CM* ... ... I~ r .'" Replacement Cross -- fNlMtDCl_llP" -"'''''''''''' lM[ (APfI!IlalL Jd-r",' 11I1I111111 -- ..~ M'-r -.....- (lEE ....... ... """ I , l ~ ~ . --~--~- l! - \ \ 'i -- - """""1M TO JEIILlNEOl' $fRttT .D'_ril) ~SPOLA ROAD ~ 8 -10 ~ ~~-~ ~- ~~--- ---~- , SITE PLAN 13 of 18 ATTACHMENT C June 7, 2005 Item # , I . '" w . w I . . . 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I~Uildh I~l i ni~~ I ; 15 of 18 ATTACHMENT E June 7, 2005 Item # -I-- I- I 08-DU-J.... ~ .' ~ 1=11' 1/= $T _ COYOTECT",=;;::n~~IIII~' UPO-~~LO~~ 1:-~~(f ,\_ ....1J:b: ~~ ~M-~,,- . -' I-< Ii,illE U.. l~ f" wbRs ~ Lr:x) 15 I;jj tho 1~ '" ~ . I _ Espola Rd. ,\\GI<IIH FlR TAm;;; I'l: ~ r . L l I J... I - I I 1 III E O,A RD -'1 :;,. '_cR~.l1 If-- ^ 10\~' '0 'I \::=~. Zf--......7..);y,: .\' 111111117' tJl- [I ""' ~ ~'~\-1 ~ p'",",~-6~ ,..-- '4 1\.'< ..)il<~Ai " :!o. ~I PI"! ,'" ~ \,..-1' \. 2'.1 ir\. \ Z ~~ ~0 - ~ T::w LI \f"o -8 -;il >< I~I 'to r ~~" <'-- dl\~ ~ :P\ MORA 02-101 <<: ;)) I" 1)J5<) '\'t-'j ''''1',' " '" ~ R Z !l!>"\ -...., \V CUP 03-05 :w, ;[ 0 '...-1 lor:; IX 7<::' ~ 4. ~ "dIll -j '-L ~.~ ~ ~ ~ ~:'< ~Ld~~~k -\~y~ d . K\ ~ - P-OO.11 ~ rs ~A ~~ ~;:::.-' ~~ '\=101/ J ~r~ 'Y: ~ /, "'~~ '(VX' II! / I y ITfII/I,"'1 ~ ___ ~ ~ c- -\"((-11.1-// L ~ t(~"-\ ! 71;1. rf~./' Lr rT, ",,0~ v '" 1\ ~ tc ~~ ~::; -;:;VII/ \'-<.. '1:;' I.!. ,[,J. ~:V ~-j{ - ~~11 ~ l~ ~ IIA ...\:, v III I-' \' -{l. I,-{/: \ ~'\ I J "r- p 'r-.;;t f-- h'" ~ c:j m.ll- -----/ III ~.1 .~ \ J7 Nr' P 1pr R l:ro~ r\. - ~ 1 . ~H 'Ih '>'~I \ l II r II/?-- I kj .J."J /'-. _ _ r"l 1--1 ~, /I ~~~, I I ", , - ' I ..;___ ~\- =t """'" '" Approved Telecommunications Installations Locations Nt 16 of 18 ATTACHMENT F June 7,2005 Item #-1- , ,~ ~ ~ ~ " .~ ii W 0 . ~ r W '/"-, > ,t l:l ..!l1 z .~ 0 s: ~ \.~ u 0 "7 .J 17 of 18 ., . o N ~ < " > < ~ o . o < o . < " o . . w ~ m m . ., ~ w > ;~ , . i . I,. .t)~ ~J"IJ. ". ~a',. , ." '''>'"~,.. ATTACHMENT G June 7, 2005 ~) 1ft l.~~.' ~ '-1~' !Ii L,~i s! 171" ~ 1',:; ~ L~' ,......-L.,. '" ~;?r'"' , , , , : : > < ~ w > . o r u . , r u . o . " " . < w r " , o . o z ;; o o .J I . , , , ~ ! o w . o . o . . ~ , 1 . i " , I . , ; , , , ~ , i j , ~ : < o z >= . x w m# \ M ~ w :> i[;! 14 l1c.; l! '~~i (fj 1,'"0 '71.". ~ 'hi ~ -'J ~~; ~l s:c, , \ l ! , ! ! : . ~ 0 N ~ < u ,: : . ~ g 0 . . , 0 . . ! 0 , a , . ~ " , 0 . " ~ . w , , ~ , . i . ~ , I , , , ! . , 1 e , i , , , , : , ~ I! ~ w C I! w > ~ .!!1 .~ :;:: -. II: \.~ ~ 18 of 18 , ". ~ . ~5.~;!t z o e . u o ~ ;i > g . z " . i( w June 7, 2005 I em # -L TO: FROM: INITIATED BY: DATE: SUBJECT: BACKGROUND Limited Distribution: June 7, 2005 CITY OF POWAY AGENDA REPORT ADDITIONAL MATERIAL Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ Niall Fritz, Director of Development Services.t)-- Patti Brindle, City Planner ....- Lisa Mercurio, Assistant Planner~ June 7, 2005 Conditional Use Permit (CUP) 04-14, Velocitel (forVerizon), Applicant: The applicant is requesting a Conditional Use Permit to install a telecommunications facility on a developed church property (Lutheran Church of the Incarnation). The facility consists of three antennas inside of a replacement cross and associated ground mounted equipment cabinets in an enclosure. The subject property is located in the Rural Residential C (RR-C) zone at 16889 Espola Road. APN: 273-820-08 On May 31, 2005 the City received the attached letter from the Seranata Homeowners Association regarding the proposed project (Attachment A). Responses to the comments received are summarized below: 1) Tower Heiaht Comment: The prior approved cellular tower on the subject property was approved for a 35-foot height limit. The current request asked for a 45-foot height limit. The City policy for cellular towers, tower in general, and the ridgeline height of single family residential is 35 feet. Response: In February 2001, CUP 00-11 was approved by the City Council for a telecommunications facility, for Sprint PCS, which consists of six panel antennas mounted to the existing bell tower at the Lutheran Church. The top of the tower includes a steeple at 64 feet and the top of the 10f7 June 7, 2005 Item # I -..-.--"....-. .._-'-_._,._"-"._---._-".~-~_._--~--,_._---_..- Agenda Report June 7,2005 Page 2 highest antenna was approved to be at 45 feet. The antennas were mounted to the exterior of the tower and blend in with the general appearance of the tower. The antennas were allowed at this height because they were mounted on a permitted structure, the bell tower, which is allowed to exceed 35 feet as an architectural appurtenance to a church. New structures that are constructed solely for the installation of a telecommunications facility must meet the height limit of 35 feet. In August 2003, CUP 03-05 was approved by the City Council for a telecommunications facility, for Cingular Wireless, at the St. John of Damascus church, which is adjacent to the Lutheran Church. This facility consists of a 35-foot faux bell tower, with six antennas mounted inside of the tower. 2) Cellular Tower ClusterinQ Comment: There has been no evidence submitted by the applicant that includes the St. John of Damascus cellular tower radio frequency output. The County of San Diego policy is to have only one cellular tower located on a parcel. Response: Velocitel (for Verizon) submitted a Radio Frequency report by a Telecommunication Consultant, which included an evaluation of all carriers in the vicinity, as well as the contribution of the proposed facility. The report stated that with the addition of this facility the site is in compliance with the current Federal rules and guidelines concerning human exposure to radio frequency electromagnetic fields. The recommended Resolution also contains a condition that the applicant conducts another study once the new antennas are operational. The City of Poway prefers to have telecommunications facilities collocated on already constructed structures, such as commercial buildings, churches, and water tanks. By collocating these facilities, the impacts can be reduced by having fewer cell sites. 3) Grammar Schools Comment: There has been no evidence submitted by the applicant whereby the parents of children using the school facilities at either St. John of Damascus or the Lutheran Church of the Incarnation have been given written notification of clustering of cellular towers, and its questionable long-term impact on children. 2 of 7 June 7, 2005 Item # Agenda Report June 7, 2005 Page 3 At the April 13, 2005 meeting for public input on the proposed cellular tower, it was stated by Jack Tripp of the Lutheran Church Council, that no notification had been given to the parents of the Church school children. The following was submitted by Jerrold T. Bushberg, PhO, OABMP, OABSNM, Health and Medical Physics Consultant, on behalf of the applicant, Cingular Wireless, dated June 12, 2003 for the current cellular tower located at the Lutheran Church: "The task for physical, biological, and medical scientists that evaluate health implications of the RF data base has been to identify those RF field conditions that can produce harmful biological effects. No panel of experts can guarantee safe levels of exposure because safety is a null concept, and negatives are not susceptible to proof. What a dispassionate scientific assessment can offer is the presumption of safety when RF field conditions do not give rise to a demonstrable harmful effect. " Response: The Technical Study dated June 12,2003 for CingularWireless was for the telecommunications facility proposed with CUP 03-05, to be installed at the St John of Damascus Church at 16903 Espola Road. This report was generated to provide evidence that the proposed telecommunication use would meet FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields. The report stated that this use and the existing one (Sprint) at the Lutheran Church would not result in excess of 1.6% of the Public Safety Standard. This means that the output would be well below the FCC maximum allowable threshold, which is set at 50 times below a level that the majority of the scientific community believes may pose a health risk to human populations. Local government entities are not allowed to exclude the installation of a telecommunications facility based on perceived health issues of the public, if the use is or will be in compliance with FCC regulations. 30f7 June 7, 2005 Item # Agenda Report June 7, 2005 Page 4 4) Location Comment: The applicant requests a cellular tower to be clustered with the existing 35-foot tower at the Lutheran Church and with the existing cellular tower at Sf. John Damascus. It is suggested that the applicant's cellular tower location be placed on a utility light standard pole. This would duplicate the current cellular tower on a utility light pole approximately one mile east of the applicant's proposed Lutheran Church location. It is also suggested that by having the proposed cellular tower placed on the utility light pole, the City of Poway would receive approximately $4,000 per month income. This money could then be tagged to support a full-time supervisor at the Poway skateboard park. Response: This site was chosen by Verizon Wireless to meet specific coverage needs for the area. This site provides additional coverage for their customers, and is a stealth installation that is integrated onto an existing structure. The location of the telecommunications facility at the existing church facility reduces the amount of large equipment cabinets in the public right-of-way. After further review Verizon Wireless has determined that a ROW location on Espola road in front of the church would not be viable for the following reasons: 1) Lower elevation which does not provide sufficient coverage to meet Verizon's coverage objectives; 2) Verizon does not use micro-cells similar to the those used by Sprint to place antennas and equipment on a street light further to the east on Espola Road; 3) Difficulty in placing equipment in the ROW along this section of Espola Road because of the size of equipment required and size of the ROW; 4) The installation ofVerizon antennas and four equipment cabinets in the ROW would result in profound visual impacts, while placement on the church property removes these issues because the antennas will not be visible and the equipment will be located inside of an enclosure on church property. Attachments: A. Letter dated May 31, 2005 from Sere nata Homeowners Association M:\planning\05report\cup\04-14 Verizon Lutheran\addmaterial.doc 40f7 June 7, 2005 Item # I SERENA T A HOMEOWNERS ASSOCIATION Lisa Mercurio, Staff Planner City of Poway 13325 Civic Center Drive Poway, Califomia 92074 Re: CUP 04-14, Velocitel (for Verizon), applicant APN: 273-820-08 Dear Ms. Mercurio, This letter is in response to the Notice of City Council Public Hearing dated May 24, 2005. Below are listed the major items of concern: I. Tower Heieht: The prior approved cellular tower on the subject property was approved for a 35 foot height limit. The current request asked for a 45 foot height limit. The City policy for cellular towers, tower in general, and the ridge line height of single family residential is 35 [eet. 2. Cellular Tower Clusterine: There has been no evidence submitted by the applicant that includes the St. John of Damascus cellular tower radio frequency output. The County of San Diego policy is to have only one cellular tower located on a parcel. 3. Grammar Schools: There has been no evidence submitted by the applicant whereby the parents of children using the school facilities at either St. John of Damascus or the Lutheran Church of the Incarnation have been give written notification of clustering of cellular towers, and its qU6stionable long-term impact on children. At the April 13, 2005 meetingfor public input on the proposed cellular tower, it was stated by Jack Tripp of the Lutheran Church Council, that no notification had been give to the parents of the Church school children. RECEIVED tv' 0'1-'" ,~^ V".. ' ~C-'~ rt".~~ I .:.1 ; L;' I ~1 CITY OF POWAY DEVELOPMENT SERVICES 50f7 ATTACHMENT A June 7, 2005 Item # I --'-"--~-""-- , -_.~._---"-_._"-" --_..-'~--'-'_._-~~._.._...._._-------- The following was submitted by Jerrold T. Bushberg, PhD, DABMP, DABSNM, Health and Medical Physics Consultant, on behalf of the applicant, Cingular Wireless, dated June 12,2003 for the current cellular tower located at the Lutheran Church: "The task for the physical, biological, and medical scientists that evaluate health implications of the RF data base has been to identify those RF field conditions that can produce harmful biological effects. No panel of experts can guarantee safe levels of exposure because safety is a null concept, and negatives are not susceptible to proof. What a dispassionate scientific assessment can offer is the presumption of safety when RF -field condition do not give rise to a demonstrable harmful effect." 4. Refer to attached document: "North County Residents Protest Cell Sites" 5. Location: The applicant requests a c~llular 'tower' to be'dustered"with tlI.e existing 35 foot tower at the Lutheran Church and with the existing cellular tower at St. John Damascus. It is suggested that the applicant's cellular tower location be placed on a utility light standard pole. This would duplicate the current cellular tower on a utility light pole approximately one mile east of the applicant's proposed Lutheran Church location. It is also suggested that by having the proposed cellular tower placed on the utility light pole, the City of Poway would receive approximately $4,000 per month income. This money could then be tagged to support a fUll-time supervisor at the Poway skateboard park While there may be other issues, the above are considered to be of primary concern. This letter represents the concerns of the homeowners that constitute the Serenata estates. Please direct correspondence to the undersigned. 1 .., Sincerely, ,~ <0 G'"".\.-\.. bUN-- '<- -~ Fiona Everett, President Serenata HOA 16870 St. James Drive Poway, California 92064 ,. i I . ~ ~ ~ I , 60f7 June 7,2005 Item # Photo Roger Aeakas With growing concern about the number of $ita and relat- ed health elfec... residents have begun to band together in protest of their placement near homes, schools and hospi~ tals. And when asking questions about their Silfety. they are finding. often to their surprise, that city officials have little control. Tbe Federal Communications Commission or FCC, Telecommunications Act of ]996 prevents local govern- ments from taking health risks into consideration. But two national organizations, the EMR Policy Institute and the Council on Wireless Technology Impacts haye been working to cbange the existing Ia.... despite the )act that proposed legislation to restore local control OVer the place- ment of cellular towers died in congressional committees a few years ago. "'There is no federal or state law that addresses the aggregate effects of multiple frequencies in a given area. Chronic exposure to low level radiation from non-ionizing sources, both the radio frequencies and the power frequencies, has not been widely studied," says Libby Kelley, with the EMR Policy Institute. Meanwhile, in response to these concerns, some cities have put together guidelines to encourage the wireless providers to place the facilities near more commercial areas and on existing poles away from neighborhoods and schools. "It is imperative to understand that in spite of the build out of an extensive wireless infrastructure in the U.S. and 70f7 _n ___. ,___,.. __, A ourcommunities CAN YOU HEAR US NOW? North County Residents Protest Cell Sites. BY JEANNIE SPRAGUE-BENTLEY As cell phones sites, or wireless communication facilities, continue to proliferate in North County, so too does the debate over their safety. Canada we have no safety standards for cell towers. There are only regularity standards, not proven safety standard," says Susan Foster-Ambrose, a San Diego-based medical writer who has been advocating on behalf of firefighters working in stations where cellular antennas are attached. Foster-Ambrose revealed the results of a recent pi/ot study of California firefighters this past month at the. International Association of Firefighters meeting in Boston. In that study, researchers found that reported neurological symptoms of firefighters, who had been working up to five years in stations with cell towers, could be caused by exposure to RF (radiofrequency) radiation from the towers placed on their stations. A moratorium on any new sites has been proposed. But many providers say they still need these and many differ- ent sites for optimum coverage and disagree that there are any health e!fects. "It's impossible thus far to point to one study or another as conclusive evidence for such a big issue," says Candy Castle, director of external affiIirs for AT&T. "But,' she adds, "more research is needed." "This is just the beginning," says Carl Hilliard, president of the Wireless Consumers Alliance. "There are a lot of people out there concerned about the placement of cell sites. There are 5 or 6 carriers all building paraJlel sites. We are not saying we don't want the sites - everybody wants coverage - but in an organized manner." DECI..aEII 1) June 7, 2005 Item # I