Item 3.2 - EA & ZOA 14-002 Ord. Amending PMC for Amateur Radio Antenna Install & Amending Master Fee Schedule APPROVED •
OF PO
�Y City of Poway APPROVE SEE MINUTES) ❑
DENIED ❑
TtiF ��,FA COUNCIL AGENDA REPORT REMOVED ❑
Txe co CONTINUED
Resolution No. .'°f oy7
DATE: August 5, 2014 Pi-OY$
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Singer, City Managers
INITIATED BY: Robert J. Manis, Director of D velopment Services
Jason Martin, Senior Planner -
SUBJECT: Environmental Assessment and Zoning Ordinance Amendment
(ZOA) 14-002, an Ordinance of the City of Poway, California,
amending the Poway Municipal Code pertaining to regulations for
amateur radio antenna installations in residential areas; and a
Resolution amending the Master Fee Schedule to establish
processing fees pertaining to antenna permits and appeals.
Summary:
The City Council has conducted two workshops this year on the topic of regulations for
amateur radio antenna installations. At the last workshop in May, the City Council
directed staff to return with two optional Ordinances with regulations at a future public
hearing. One of the two Ordinances would be incorporated into the Poway Municipal
Code. Either of the Ordinances would establish new antenna permits. Accordingly, a
Master Fee Schedule amendment is proposed to establish processing fees.
Recommended Action:
It is recommended that the City Council: 1) close the public hearing and introduce one of
the Ordinances (Attachments A and F) for first reading by title only, waiving further
reading, and schedule adoption of the introduced Ordinance to August 19, 2014; 2) adopt
one of the corresponding Negative Declarations (Attachments D and I), and
3) adopt one of the corresponding Resolutions (Attachments E and J) pertaining to the
Master Fee Schedule amendments.
Background:
The Federal Communications Commission (FCC) has regulatory and licensing oversight
responsibility for amateur radio (a.k.a. "ham" radio) operators. California Government
Code Section 65850.3 codifies in State law that the FCC has a limited pre-emption over
local regulations governing amateur radio antenna installations. FCC standards,
however, do not fully pre-empt the City's ability to regulate antenna installations under
its local zoning authority. The degree to which a local jurisdiction can regulate under
its zoning authority has been the subject of an FCC-issued order ("PRB-1"), FCC-issued
clarifications of PRB-1, and numerous court cases. Ultimately, it has been concluded
that a jurisdiction must make "reasonable accommodations" for amateur radio operators
and installations. The City Attorney has indicated that the City should allow amateur
1 of 102 August 5, 2014 Item # 3.2
ZOA 14 -002 Regulations for Amateur Radio Antenna Installations
August 5, 2014
Page 2
radio antenna installations that are higher than the current 35 -foot height limit to provide
reasonable accommodation.
On February 18 and May 6, 2014, the City Council conducted workshops to discuss
regulations for amateur radio antenna installations (i.e., antenna installations) to be
incorporated into the Poway Municipal Code (PMC). At the May workshop, the City
Council considered a preliminary draft Ordinance, six optional sets of regulations that
could be incorporated into the Ordinance, and the establishment of a new Minor
Antenna Permit and Antenna Permit. All of the optional sets of regulations included
provisions for antenna installations over 35 feet in height under different permit
processing scenarios. Also at the May workshop, the City Council considered input
from members of the public with divergent opinions on antenna installations. Some felt
strongly that antenna installations should be accommodated with minimal regulation.
Others expressed concern regarding the visual impacts sometimes associated with the
antenna installations.
Ultimately, the City Council directed staff to return with two optional Ordinances at a
future public hearing. Both Ordinances were to include provisions for antenna
installations to be higher than the current 35 -foot height limit and contain regulations as
discussed at the workshop. The Ordinances were to be identical except that they would
vary with regard to how antenna installations that range from 35 feet up to 65 feet in
height would be processed and the type of public notice to be provided in those cases.
Findings:
Ordinances
The two Ordinances, which are referred to as Ordinance 1 and Ordinance 2, are
included as Attachments A and F, respectively. An exhibit depicting the specific
changes to the PMC associated with Ordinance 1 is included as Attachment B, and an
exhibit depicting the specific changes associated with Ordinance 2 is included_ as
Attachment G.
The Ordinances are identical, except for the height regulations, specifically how antenna
installations in the 35 -65- foot -high range are processed and noticed. The main,
common components of both Ordinances are summarized as follows:
• Multiple PMC Chapters /Sections are amended to clarify antenna installations are
permissible accessory uses to developed residential uses in all residential areas,
subject to regulations contained in a newly created PMC Chapter 17.31.
• Antenna Permits for antenna installations over 65 feet in height are acted on by
City Council at a public hearing, with notice provided by the City to properties
within a 500 -foot radius of the project site. The City Council makes special
findings for approval.
• One antenna installation (i.e., an antenna support structure with multiple
antennas) per property.
2 of 102 August 5, 2014 Item # 3.2
ZOA 14 -002 Regulations for Amateur Radio Antenna Installations
August 5, 2014
Page 3
• Antenna support structures required to comply with all setback requirements of
the underlying zoning district. Antennas on support structures may encroach
up to 50% into the required rear and interior side setback areas.
• No antenna installation may be closer to the street than a building even if outside
of the required front and /or street side setback.
• More than one antenna installation, or an antenna installation that does not
comply with siting /setback regulations, requires an Antenna Permit.
• Exempted antenna installations include any antenna installation six feet or less in
any dimension.
• Maintenance and removal agreement required for antenna installations that
require a Building Permit.
The height thresholds and associated permit /processing regulations in the two
Ordinances are specified below.
Ordinance 1
Ordinance 2
• Antenna installations up to 65 feet in
• Antenna installations up to 35 feet in
height with a Building Permit only, if
height with a Building Permit only, if
required pursuant to the California
required pursuant to the California
Building Code.
Building Code.
• The Building Permit applicant provides
• The Building Permit applicant provides
notice to contiguous properties. An
notice to contiguous properties
example of the notice that could be
(Attachment K).
provided is included as Attachment K.
• Antenna installations over 35 feet up to
• Antenna installations over 65 feet in
65 feet in height require a Minor
height require an Antenna Permit.
Antenna Permit.
• City to provide notice of proposed
• City to provide notice to properties
Antenna Permit to properties within a
within a 500 -foot radius of the project
500 foot radius of the project site.
site.
• Minor Antenna Permit acted upon by
staff.
• Staff. action appealable to City Council.
• Antenna installations over 65 feet in
height require an Antenna Permit.
• City to provide notice of proposed
Antenna Permit to properties within a
500 foot radius of the project site.
Processing Fees
Each of the Ordinances would require an amendment to the City's Master Fee Schedule
to establish new permit processing, and associated appeal fees. Potential fees for the
Minor Antenna Permit and Antenna Permit were presented at the May workshop, and
3 of 102 August 5, 2014 Item # 3.2
ZOA 14 -002 Regulations for Amateur Radio Antenna Installations
August 5, 2014
Page 4
it was indicated at the workshop that an appeal /rehearing processing fee would also
need to be established. Under Ordinance 2, the appeal would involve either an
opponent or an applicant appeal of the staff action on a Minor Antenna Permit. Under
either Ordinance 1 or 2, the rehearing would involve City Council rehearing of an action
on an Antenna Permit as is provided for in the PMC for any City Council action. The
staff time involved in each of these scenarios is the same and includes preparation for
and attendance at a City Council meeting. The appeal fee proposed below is less than
the appeal fee for other actions in the Master Fee Schedule (i.e. $765) since antenna
related permits are simpler in nature and will not typically require review from staff other
than planners. The estimated staff time reduction is 3.5 hours. Additionally, a lower
appeal fee will be less of a deterrent to filing an appeal.
The appeal fee, and the fees for the Minor Antenna Permit and Antenna Permit that
were proposed at the May workshop, are as follows:
Permit Type/Process
Fee
Minor Antenna Permit
$480
Antenna Permit
$1,300
Appeal
$ 550
Resolutions for the Master Fee Schedule amendments are included as Attachments E
and J.
Correspondence
Correspondence received on this matter which has been received since the May
workshop is included as Attachment L.
Environmental Review
As required under the California Environmental Quality Act (CEQA), an Environmental
Initial Study (EIS) was completed for ZOA 14 -002. It was determined that antenna
installations up to 65 feet in height would have no impact on the environment, except in
the area of aesthetics where there would be a less than significant impact. It was
also determined that antenna installations over 65 in height, which would require
approval of an Antenna Permit, would be the subject of subsequent environmental
review. It is recommended that a Negative Declaration (ND) be approved. The EIS and
ND for Ordinance 1 is included as Attachment C. The EIS and ND for Ordinance 2 is
included as Attachment I. Notice of the availability of the EIS and proposed ND for
public review and comment was provided for 20 days pursuant to the requirements of
CEQA. As of the writing of this report no comments on the EIS and proposed ND had
been received. Any comments that are received will be provided to City Council prior to
the public hearing on this matter.
Fiscal Impact:
None.
4 of 102 August 5, 2014 Item # 3.2
ZOA 14 -002 Regulations for Amateur Radio Antenna Installations
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Page 5
Public Notification:
Notice of ZOA 14 -002 was published in the Poway News Chieftain and sent to
representatives from the local amateur radio antenna community and other community
members that met with staff on this matter, individuals that have expressed interest in
this matter to the City in writing, individuals that have spoken on this matter at past
City Council meetings, and the current contact person for Home Owners Associations
(HOA) that are known to be active.
Attachments:
A. Ordinance 1
B. PMC Changes (Ordinance 1)
C. Resolution for the Negative Declaration (Ordinance 1)
D. Negative Declaration and Environmental Initial Study (Ordinance 1)
E. Resolution on Master Fee Schedule Amendment (Ordinance 1)
F. Ordinance 2
G. PMC Changes (Ordinance 2)
H. Resolution for the Negative Declaration (Ordinance 2)
I. Negative Declaration and Environmental Initial Study (Ordinance 2)
J. Resolution on Master Fee Schedule Amendment (Ordinance 2)
K. Sample notice for Building Permit
L. Correspondence
5 of 102 August 5, 2014 Item # 3.2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTERS 17.08, 17.18, AND 17.20 AND ADDING CHAPTER 17.31
TO TITLE 17 OF THE POWAY MUNICIPAL CODE
PERTAINING TO AMATEUR RADIO ANTENNA INSTALLATIONS
(ZONING ORDINANCE AMENDMENT (ZOA) 14 -002)
WHEREAS, the City Council seeks to amend the Poway Municipal Code (PMC)
by amending Chapters 17.08, 17.18, and 17.20 and adding Chapter 17.31 pertaining to
amateur radio antenna installations in residential areas; and
WHEREAS, federal policies establish a strong federal interest in promoting
amateur communications and it is recognized that there exists a limited preemption in
the regulation of amateur communications by the City; and
WHEREAS, such limited preemption allows the City to adopt its own regulations
which involve matters such as placement, screening, or height of antennas based on
health, safety, or aesthetic considerations so long as the City's regulations reasonably
accommodate amateur communications, and represent the . minimum practicable
regulation to accomplish the City's legitimate interests; and
WHEREAS, on February 18, 2014, and May 6, 2014, the City Council held
workshops to discuss potential regulations for amateur radio antenna installations and
hear input from the public; and
WHEREAS, the City Council findings pursuant to the California Environmental
Quality Act (CEQA) are contained in a separate City Council Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: Section 17.08.140 of Chapter 17.08 (Residential Zones) of the PMC is
hereby amended to add amateur radio antenna installations as permitted accessory
uses in all residential zones as follows:
G. Amateur Radio Antenna Installations P* P* P* P* P* P* P*
*Subject to the regulations contained in Chapter 17.31
Section 2: Section 17.08.160 of Chapter 17.08 of the PMC is hereby amended to
clarify the height regulations for amateur radio antenna installations in all residential
zones to read as follows:
J. Building and 35 feet or 2 stories, whichever is less, or as expressly
structure height authorized pursuant to an adopted specific plan. Amateur
6 of 102 ATTACHMENT A August 5, 2014 Item # 3.2
Ordinance No.
Page 2
(maximum in feet) radio antenna installations are subject to the height and
other regulations contained in Chapter 17.31.
Section 3: Section 17.08.230 of Chapter 17.08 of the PMC is hereby amended to
exclude amateur radio antenna installations from the height limit in all residential zones
to read as follows:
C. Air conditioners, antennas (excepting amateur radio antenna installations subject
to Chapter 17.31), heating, cooling, ventilating equipment and all other mechanical,
lighting or electrical devices shall be so operated that they do not disturb the peace,
quiet and comfort of neighboring residents, and shall be screened, shielded and /or
sound buffered from surrounding properties and streets. All equipment shall be
installed and operated in accordance with all other applicable ordinances. Heights of
said equipment shall not exceed the required height of the zone in which they are
located
Section 4: Section 17.18.030 of Chapter 17.18 (Planned Residential Zone) of the
PMC is hereby amended to clarify the height regulations for amateur radio antenna
installations as follows:
J. Building and 35 feet or 2 stories, whichever is less, or as expressly
structure height authorized pursuant to an adopted specific plan. Amateur
(maximum in feet) radio antenna installations are subject to the height and
other regulations contained in Chapter 17.31.
Section 5: Section 17.18.050 of Chapter 17.18 of the PMC is hereby amended to add
amateur radio antenna installations as permitted accessory uses as follows:
Accessory uses and structures shall be located as specified on the development plans
as approved by the City Council; provided, however, that accessory structures shall
meet all of the setbacks for site development as specified in PMC 17.18.030. Approval
of a minor conditional use permit shall be required prior to the outdoor placement of
"seatainers" on any property. "Seatainers" may be used for storage only and the minor
conditional use permit shall regulate their placement and screening. Amateur radio
antenna installations are a permissible accessory use to a residential use and subject to
the height and other regulations contained in Chapter 17.31.
Section 6: Section 17.20.020 of Chapter 17.20 (Planned Community Zone) of the
PMC is hereby amended to add amateur radio antenna installations as permitted
accessory uses to residential uses as follows:
H. Amateur radio antenna installations are a permissible accessory use to a residential
use and subject to the height and other regulations contained in Chapter 17.31.
7 of 102 August 5, 2014 Item # 3.2
Ordinance No.
Page 3
Section 7: Section 17.20.030 of Chapter 17.20 of the PMC is hereby amended to
clarify the height regulations for amateur radio antenna installations as follows:
F. There shall be a maximum height of 35 feet or two stories, whichever is less or as
expressly authorized pursuant to an adopted specific plan, and no coverage
requirement for individual lots, except as established by a development plan, a
conditional use permit, or by development review. Amateur radio antenna installations
are subject to the height and other regulations contained in Chapter 17.31.
Section 8: Chapter 17.31 is hereby added to the Poway Municipal Code as follows:
Chapter 17.31
Amateur Radio Antenna Installations
17.31.010 Purposes.
17.31.020 Definitions.
17.31.030 Regulations for Amateur Radio Antenna Installations, Permits Required.
17.31.040 Applications for Antenna Permits.
17.31.050 Public Notice.
17.31.060 Antenna Permit Findings.
17.31.070 Exempt Antenna Installations.
17.31.080 Maintenance and Abandonment.
17.31.010 Purposes.
The purpose of the regulations contained in this Chapter is as follows:
A. To preserve visual access to major natural features, such as the surrounding
hillsides, and ensure that all public and private development is compatible with the
unique natural and man -made resources that give Poway its charm and character.
B. To provide the minimum practicable regulations necessary to satisfy the
aesthetic, health, safety, and welfare concerns that have prompted these minimal
restrictions on amateur radio antenna installations.
C. To reasonably accommodate amateur radio communications, to constitute the
minimum regulations necessary to accomplish the purpose of this Chapter, and to
impose no unreasonable cost on the amateur radio operators.
D. To minimize the impact of the regulations on the right of individuals to engage in
amateur radio antenna communication and to .constitute the least intrusive means
available to the City to mitigate potential adverse impacts on the safety and welfare of
residents, and the quality and aesthetics of the community.
8 of 102 August 5, 2014 Item # 3.2
Ordinance No.
Page 4
E. To avoid unreasonable limitation on amateur radio antenna communication and
excessive costs associated with processing applications for permits and conditions
imposed by those permits.
17.31.020 Definitions.
Whenever, in this Chapter, the following terms are used they shall have the meaning
ascribed to them in this Section.
A. "Amateur radio antenna" means any antenna that is used for the purpose of
transmitting and receiving radio signals in conjunction with an amateur radio station
licensed by the Federal Communications Commission.
B. "Antenna support structure" means an antenna's supporting mast or tower, if any.
C. "Amateur radio antenna installation" means a single structural unit which is
comprised of the antenna support structure, antennas, and other communication - related
appurtenances.
17.31.030 Regulations for Amateur Radio Antenna Installations and Permits Required.
Amateur radio antenna installations (i.e. antenna installations) may be installed, erected
and maintained within all residential zoning districts in the City in accordance with the
provisions contained in this Chapter. Unless specifically exempted pursuant to Section
17.31.070 of this Chapter, or otherwise specified herein., antenna installations shall
comply with all of the following:
A. Height. Antenna installations over 65 feet in height shall require an Antenna
Permit pursuant to Section 17.31.040 of this Chapter. Antenna installations up to 65
feet in height are permitted without the requirement to obtain an Antenna Permit and are
subject to the regulations in Sections B and C below. For an antenna installation that is
either mounted to any part of a building or mounted to the ground, height shall be
measured from the ground level immediately adjacent to antenna installation to the
highest point of the antenna installation.
B. Number. Unless exempted pursuant to Section 17.31.070 of this Chapter, a
maximum of one antenna installation, which consists of an antenna support structure
and antennas, is permitted per property. The single antenna installation may
accommodate multiple antennas. Proposals for more than one antenna installation
shall require an Antenna Permit pursuant to Section 17.31.040.
C. Siting /Setbacks. Antenna installations may be mounted to any part of a building
or mounted to the ground. No antenna installation shall be located within any front,
street side, interior side, or rear building setback area that is required pursuant to the
site's underlying zoning designation. Additionally, in cases where the building has been
situated a distance greater than the minimum front or street side setback, no antenna
installation shall be located closer to the street than the building. Antennas that are
9 of 102 August 5, 2014 Item # 3.2
Ordinance No.
Page 5
attached to an antenna support structure may encroach into interior side and rear
setback areas up to 50% of the required setback distance pursuant to the site's
underlying zoning designation. Proposals for antenna installations that do not comply
with these provisions shall require an Antenna Permit pursuant to Section 17.31.040.
D. Building Permit. A Building Permit may be required pursuant to the California
Building Code as determined by the Building Official.
17.31.040 Applications for Antenna Permits.
Antenna installations that are greater than 65 feet in height, and /or do not comply with
the provisions of Sections 17.31.030 B and C of this Chapter, require an Antenna
Permit. Submittal of an Antenna Permit shall be on a form supplied by the Development
Services Department and shall be accompanied by the following information and plans:
A. A site plan drawn to scale and dimensioned, showing the proposed location of
the antenna installation in relation to property lines, setbacks, and any structures on the
site, as well as the location of adjacent structures within 100 feet.
B. Specific details of any equipment associated with the antenna installation, such
as footings, guy -wires and braces, including roof top mounts, if applicable.
C. Elevations drawn to scale and dimensioned so as to fully describe the proposed
antenna installation.
D. Written consent of the property owner.
E. A public notice package consisting of a map showing properties within a 500 -foot
radius of the site and a list of property owners.
17.31.050 Public Notice.
A. For antenna installations up to 65 feet in height, which require a Building Permit,
notice shall be given to all contiguous property owners. Notice shall be provided by the
Building Permit applicant at the time the Building Permit application is submitted to the
City. The applicant shall provide certification of the conducted notice to the City before
the issuance of the Building Permit.
B. For antenna installations that require an Antenna Permit, the City Council shall
calendar a public hearing on the application. The hearing shall be set and notice given
as prescribed in PMC 17.46.050.
17.31.060 Antenna Permit Findings.
With an Antenna Permit, the City Council may authorize an antenna installation greater
than 65 feet in height and /or an antenna installation that does not comply with the
provisions of Sections 17.31.030 B and C of this Chapter upon findings that:
10 of 102 August 5, 2014 Item # 3.2
Ordinance No.
Page 6
A. The design of the proposed antenna installation is the minimum necessary for
the reasonable accommodation of the communication needs of the operator as set forth
in Federal and /or State rules and regulations; and
B. There are no other feasible alternatives.
The applicant shall provide evidence necessary to document that the above findings
can be met.
17.31.070 Exempt Antenna Installations.
The following shall be exempt from the requirements of this Chapter:
A: Antenna installations legally established prior to the effective date of this
Ordinance. Any increase in height to an existing antenna installation shall be subject to
the requirements. of this Chapter, including the requirement to obtain an Antenna Permit
if the increased height is greater than 65 feet.
B. Any antenna installation that is six feet or less in any dimension and not located
within any front yard or street side yard setback area.
C. Guy -wire supports for an antenna support structure, and not located within any
front yard or street side yard setback area.
D. Wire antenna of gauge number 12 or less affixed to a structure, other antenna, or
tree, and not located within any front yard or street side yard setback area.
17.31.080 Maintenance and Abandonment.
A Maintenance and Removal Agreement shall be executed by the property owner for
any antenna installation that requires a Building Permit. No Building Permit shall be
issued until such Agreement has been executed. The Agreement shall be a continuing
condition of the Building Permit. The Agreement shall also bind the property owner and
their successors and assigns to the installation as follows:
A. Maintenance of the antenna installation to ensure compliance with the Building
Permit and /or Antenna Permit.
B. Maintenance of the antenna installation in safe and good repair.
C. Removal of the antenna installation for failure to maintain the installation and /or
upon its abandonment, as determined by the City Manager. Removal shall occur within
90 days of written notification to the property owner.
11 of 102 August 5, 2014 Item # 3.2
Ordinance No.
Page 7
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of this passage; and before the expiration of fifteen (15) days after
its passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 5th day of August 2014, and thereafter PASSED AND ADOPTED at
a regular meeting of said City Council held the 19th day of August 2014, by the following
roll call vote.
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Donald Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
12 of 102 August 5, 2014 Item # 3.2
Zoning Ordinance Amendment 14 -002
(Changes to the PMC are described, then shown with additions in underline)
Line "G" is added to the table in Section 17.08.140 of Chapter 17.08 of the PMC
indicating amateur radio installations are permitted as accessory uses in all residential
zones with cross reference to the new regulations as follows:
G. Amateur Radio Antenna Installations P* P* P* P* P* P* P*
*Subject to the regulations contained in Chapter 17.31
Section 17.08.160 of Chapter 17.08 of the PMC is amended to clarify the height
regulations for amateur radio antenna installations in all residential zones to read as
follows:
J. Building and 35 feet or 2 stories, whichever is less, or as expressly
structure height authorized pursuant to an adopted specific plan. Amateur
(maximum in feet) radio antenna installations are subject to the height and
other regulations contained in Chapter 17.31.
Section 17.08.230 of Chapter 17.08 of the PMC is amended to exclude amateur radio
antenna installations from the height limit in all residential zones to read as follows:
C. Air conditioners, antennas (excepting amateur radio antenna installations subject
to Chapter 17.31), heating, cooling, ventilating equipment and all other mechanical,
lighting or electrical devices shall be so operated that they do not disturb the peace,
quiet and comfort of neighboring residents, and shall be screened, shielded and /or
sound buffered from surrounding properties and streets. All equipment shall be
installed and operated in accordance with all other applicable ordinances. Heights of
said equipment shall not exceed the required height of the zone in which they are
located
Section 17.18.030 of Chapter 17.18 of the PMC is amended to clarify the height
regulations for amateur radio antenna installations as follows:
J. Building and 35 feet or 2 stories, whichever is less, or as expressly
structure height authorized pursuant to an adopted. specific plan. Amateur
(maximum in feet) radio antenna installations are subject to the height and
other regulations contained in Chapter 17.31.
13 of 102 ATTACHMENT B August 5, 2014 Item # 3.2
Section 17.18.050 of Chapter 17.18 of the PMC is amended to add amateur radio
antenna installations as permitted accessory uses as follows:
Accessory uses and structures shall be located as specified on the development plans
as approved by the City Council; provided, however, that accessory structures shall
meet all of the setbacks for site development as specified in PMC 17.18.030. Approval
of a minor conditional use permit shall be required prior to the outdoor placement of
"seatainers" on any property. "Seatainers" may be used for storage only and the minor
conditional use permit shall regulate their placement and screening. Amateur radio
antenna installations are a permissible accessory use to a residential use and subject to
the height and other regulations contained in Chapter 17.31.
Section 17.20.020 of Chapter 17.20 of the PMC is amended to add amateur radio
antenna installations as permitted accessory uses to residential uses as follows:
H. Amateur radio antenna installations are a permissible accessory use to a residential
use and subject to the height and other regulations contained in Chapter 17.31.
Section 17.20.030 of Chapter 17.20 of the PMC is amended to clarify the height
regulations for amateur radio antenna installations as follows:
F. There shall be a maximum height of 35 feet or two stories, whichever is less or as
expressly authorized pursuant to an adopted specific plan, and no coverage
requirement for individual lots, except as established by a development plan, a
conditional use permit, or by development review. Amateur radio antenna installations
are subject to the height and other regulations contained in Chapter 17.31.
Chapter 17.31
Amateur Radio Antenna Installations
17.31.010 Purposes.
17.31.020 Definitions.
17.31.030 Regulations for Amateur Radio Antenna Installations, Permits Required.
17.31.040 Applications for Antenna Permits.
17.31.050 Public Notice.
17.31.060 Antenna Permit Findings.
17.31.070 Exempt Antenna Installations.
17.31.080 Maintenance and Abandonment.
17.31.010 Purposes.
14 of 102 August 5, 2014 Item # 3.2
The purpose of the regulations contained in this Chapter is as follows:
A. To preserve visual access to major natural features, such as the surrounding
hillsides, and ensure that all public and private development is compatible with the
unique natural and man -made resources that give Poway its charm and character.
B. To provide the minimum practicable regulations necessary to satisfy the
aesthetic, health, safety, and welfare concerns that have prompted these minimal
restrictions on amateur radio antenna installations.
C. To reasonably accommodate amateur radio communications, to constitute the
minimum regulations necessary to accomplish the purpose of this Chapter, and to
impose no unreasonable cost on the amateur radio operators.
D. To minimize the impact of the regulations on the right of individuals to engage in
amateur radio antenna communication and to constitute the least intrusive means
available to the City to mitigate potential adverse impacts on the safety and welfare of
residents, and the quality and aesthetics of the community.
E. To avoid unreasonable limitation on amateur radio antenna communication and
excessive costs associated with processing applications for permits and conditions
imposed by those permits.
17.31.020 Definitions.
Whenever, in this Chapter, the following terms are used they shall have the meaning
ascribed to them in this Section.
A. "Amateur radio antenna" means any antenna that is used for the purpose of
transmitting and receiving radio signals in conjunction with an amateur radio station
licensed by the Federal Communications Commission.
B. "Antenna support structure" means an antenna's supporting mast or tower, if any.
C. "Amateur radio antenna installation" means a single structural unit which is
comprised of the antenna support structure, antennas, and other communication- related
appurtenances.
17.31.030 Regulations for Amateur Radio Antenna Installations and Permits Required.
Amateur radio antenna installations (i.e. antenna installations ) may be installed, erected
and maintained within all residential zoning districts in the City in accordance with the
provisions contained in this Chapter. Unless specifically exempted pursuant to Section
17.31.070 of this Chapter, or otherwise specified herein, antenna installations shall
comply with all of the following_
A. Height. Antenna installations over 65 feet in height shall require an Antenna
Permit pursuant to Section 17.31.040 of this Chapter. Antenna installations u to 65
15 of 102 August 5, 2014 Item # 3.2
feet in heiqht are permitted without the requirement to obtain an Antenna Permit and are
subiect to the regulations in Sections B and C below. For an antenna installation that is
either mounted to any part of a building or mounted to the ground, height shall be
measured from the ground level immediately adjacent to antenna installation to the
highest point of the antenna installation.
B. Number. Unless exempted pursuant to Section 17.31 070 of this Chapter, a
maximum of one antenna installation, which consists of an antenna support structure
and antennas, is permitted per property. The single antenna installation may
accommodate multiple antennas. Proposals for more than one antenna installation
shall require an Antenna Permit pursuant to Section 17.31.040.
C. Siting /Setbacks. Antenna installations may be mounted to any part of a building
or mounted to the ground. No antenna installation shall be located within any front
street side, interior side, or rear building setback area that is required pursuant to the
site's underlying zoning designation. Additionally, in cases where the building has been
situated a distance greater than the minimum front or street side setback, no antenna
installation shall be located closer to the street than the building. Antennas that are
attached to an antenna support structure may encroach into interior side and rear
setback areas up to 50% of the required setback distance pursuant to the site's
underlying zoning designation. Proposals for antenna installations that do not comply
with these provisions shall require an Antenna Permit pursuant to Section 17.31.040.
D. Building Permit. A Building Permit may be required pursuant to the California
Building Code as determined by the Building Official.
17.31.040 Applications for Antenna Permits.
Antenna installations that are greater than 65 feet in height, and /or do not comply with
the provisions of Sections 17.31.030 B and C. of this Chapter, require an Antenna
Permit. Submittal of an Antenna Permit shall be on a form supplied by the Development
Services Department and shall be accompanied by the following information and plans:
A. A site plan drawn to scale and dimensioned, showing the proposed location of
the antenna installation in relation to property lines, setbacks, and any structures on the
site, as well as the location of adjacent structures within 100 feet.
B. Specific details of any equipment associated with the antenna installation, such
as footings, guy -wires and braces, including roof top mounts, if applicable.
C. Elevations drawn to scale and dimensioned so as to fully describe the proposed
antenna installation.
D. Written consent of the property owner.
E. A public notice package consisting of a map showing properties within a 500 -foot
radius of the site and a list of prgppjlV owners.
16 of 102 August 5, 2014 Item # 3.2
17.31.050 Public Notice.
A. For antenna installations up to 65 feet in height, which require a Building Permit,
notice shall be given to all contiguous property owners. Notice shall be provided by the
Building Permit applicant at the time the Building Permit application is submitted to the
City. The applicant shall provide certification of the conducted notice to the City before
the issuance of the Building Permit.
B. For antenna installations that require an Antenna Permit, the City Council shall
calendar a public hearing on the application. The hearing shall be set and notice given
as prescribed in PMC 17.46.050.
17.31.060 Antenna Permit Findings.
With an Antenna Permit, the City Council may authorize an antenna installation greater
than 65 feet in height and /or an antenna installation that does not comply with the
provisions of Sections 17.31.030 B and C of this Chapter upon findings that:
A. The design of the proposed antenna installation is the minimum necessary for
the reasonable accommodation of the communication needs of the operator as set forth
in Federal and /or State rules and regulations; and
B. There are no other feasible alternatives.
The applicant shall provide evidence necessary to document that the above findings
can be met.
17.31.070 Exempt Antenna Installations.
The following shall be exempt from the requirements of this Chapter:
A. Antenna installations legally established prior to the effective date of this
Ordinance. Any increase in height to an existing antenna installation shall be subject to
the requirements of this Chapter, including the requirement to obtain an Antenna Permit
if the increased height is greater than 65 feet.
B. Any antenna installation that is six feet or less in any dimension and not located
within any front yard or street side yard setback area.
C. Guy -wire supports for an antenna support structure, and not located within any
front yard or street side yard setback area.
D. Wire antenna of gauge number 12 or less affixed to a structure, other antenna, or
tree, and not located within any front yard or street side yard setback area.
17.31.080. Maintenance and Abandonment.
A Maintenance and Removal Agreement shall be executed by the property owner for
any antenna installation that requires a Building Permit. No Building Permit shall be
issued until such Agreement has been executed. The Agreement shall be a continuing
17 of 102 August 5, 2014 Item # 3.2
condition of the Building Permit. The Agreement shall also bind the property owner and
their successors and assigns to the installation as follows:
A. Maintenance of the antenna installation to ensure compliance with the Building
Permit and /or Antenna Permit.
B. Maintenance of the antenna installation in safe and good repair.
Removal of the antenna installation for failure to maintain the installation and /or upon its
abandonment, as determined bV the City Manager. Removal shall occur within 90 days
of written notification to the property owner.
18 of 102 August 5, 2014 Item # 3.2
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ADOPTING A NEGATIVE DECLARATION FOR
ZONING ORDINANCE AMENDMENT 14 -002
WHEREAS, the City Council seeks to amend by separate Ordinance the Poway
Municipal Code (PMC) by amending Chapters 17.08, 17.18, and 17.20 and adding
Chapter 17.31 pertaining to amateur radio antenna installations in residential areas; and
WHEREAS, Zoning Ordinance Amendment 14 -002 establishes regulation and a
requirement for the processing and approval of an Antenna Permit for certain types of
amateur radio antenna installations; and
WHEREAS, federal policies establish a strong federal interest in promoting
amateur communications and it is recognized that there exists a limited preemption in
the regulation of amateur communications by the City; and
WHEREAS, such limited preemption allows the City to adopt its own regulations
which involve matters such as placement, screening, or height of antennas based on
health, safety, or aesthetic considerations so long as the City's regulations reasonably
accommodate amateur communications, and represent the minimum practicable
regulation to accomplish the City's legitimate interests; and
WHEREAS, on August 5, 2014, the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: In accordance with the requirements of the California Environmental Quality
Act (CEQA) an Environmental Initial Study (EIS) and a proposed Negative Declaration
(ND) have been prepared for ZOA 14 -002. The City Council has considered the EIS,
ND, and public comments received on the EIS and ND. The subject EIS and ND
documentation are fully incorporated herein by this reference. The City Council finds,
on the basis of the whole record before it, that there is no substantial evidence that the
project will have a significant impact on the environment.
19 of 102 ATTACHMENT C August 5, 2014 Item # 3.2
Resolution No. 14-
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 5th day of August 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 14- was duly adopted by the City Council
at a meeting of said City Council held on the 5th day of August 2014, and that it was so
adopted by the following vote:
AYES.
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
20 of 102 August 5, 2014 Item # 3.2
CITY OF POWAY
NEGATIVE DECLARATION
1. Name and Address of Applicant: City of Poway, Attention: Jason Martin
13325 Civic Center Drive
Poway, CA 92064
2. Project Name and Brief Description of Project: Environmental Assessment and Zoning
Ordinance Amendment (ZOA) 14 -002; an Ordinance of the City of Poway, California,
amending the Poway Municipal Code pertaining to regulations for amateur radio antenna
installations in residential areas. The City of Poway is establishing /updating zoning
regulations for amateur radio antenna installations (a.k.a. "ham" radio), which will be
incorporated into the Poway Municipal Code under ZOA 14 -002 and by adoption of
an Ordinance. The effort has been prompted by State and Federal mandates to
local governments pertaining to the accommodation of amateur radio antenna
installations. Currently, amateur radio antenna installations are allowable accessory
uses in all residential areas. ZOA 14 -002 will add and clarify regulations and permitting
reauirements.
3. In accordance with Resolution 83 -084 of the City of Poway, implementing the California
Environmental Quality Act of 1970, the Poway City Council has found that the above -
referenced project will not have a significant effect upon the environment and has approved
a Negative Declaration. An Environmental Impact Report will not be required.
4. This Negative Declaration is comprised of this form along with the Environmental Initial
Study that includes the Initial Study and Checklist.
5. The decision of the City Council of the City of Poway is final.
Contact Person: Jason Martin Phone: (858) 668 -4658
Approved by:
Attachment
Robert J. Manis
Director of Development Services
Environmental Initial Study
Date: August 5, 2014
21 of 102 ATTACHMENT D August 5, 2014 Item # 3.2
CITY OF POWAY
ENVIRONMENTAL INITIAL STUDY
AND CHECKLIST
A. INTRODUCTION
This Environmental Initial Study and Checklist, along with information contained in the public record,
comprise the environmental documentation for the proposed project as described below pursuant to
the requirements of the California Environmental Quality Act (CEQA). Based upon the information
contained herein and in the public record, the City of Poway has prepared a Negative Declaration for
the proposed project.
B. PROJECT INFORMATION
Project Title: Ordinance of the City of Poway Pertaining to Regulations for Amateur Radio Antenna
Installations
2. Lead Agency Name and Address: City of Poway, Development Services
13325 Civic Center Drive, Poway, CA 92064
3. Contact Person and Phone Number: Jason Martin (858) 668 -4658
4. Project Location: City -wide in the City of Poway
5. Project Sponsor's Name and Address: City of Poway, Development Services Department,
13325 Civic Center Drive Poway, CA 92064
6. General Plan Designation: Multiple residential designations
7. Description of Project: (Describe the whole action involved, including, but not limited to, later phases
of the project, and any secondary, support, or offsite features necessary for its implementation.
Attach additional sheets if necessary).
The City of Poway is establishing /updating zoning regulations for amateur radio antenna installations
(a.k.a. "ham" radio), which will be incorporated into the Poway Municipal Code under Zoning
Ordinance Amendment (ZOA) 14 -002 and by adoption of an Ordinance. The effort has been
Prompted by State and Federal mandates to local governments pertaining to the accommodation of
amateur radio antenna installations. Currently amateur radio antenna installations are allowable
accessory uses in all residential areas, and ZOA 14 -002 will add and clarify regulations and
permitting requirements. Specifically, ZOA 14 -002 will establish height, setback and siting
regulations; a new Antenna Permit requirement; and public noticing procedures. The regulations will
allow a single antenna installation per property, which is up to 65 feet in height and in compliance with
specified regulations, with a Building Permit. An Antenna Permit will be required for an antenna
installation over 65 feet in height, more than one antenna installation per property, and /or an' antenna
installation that does not comply with specified standards. The Antenna Permit is a discretionary
permit that would be acted on by the City Council at a public hearing and may be approved provided
special findings can be made. Antenna Permits would be subject to further environmental review.
8. Surrounding Land Uses and Setting: ZOA 14 -002 affects property in Poway city -wide.
9. Other agencies whose approval is required (e.g. permits, financing approval, or participation
agreement): None
22 of 102 1 August 5, 2014 Item # 3.2
EIS and Checklist
EA 14- ,
Environmental Factors Potentially Affected: The environmental factors checked below would be
potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as
indicated by the checklist on the following pages.
❑ Land Use and Planning
❑
Transportation/Traffic
❑
Public Services
❑ Population and Housing
❑
Biological Resource
❑
Utilities and Service
❑ Geology /Soils
❑
Mineral Resources
Systems
❑ Hydrology / Water Quality
❑
Hazards /Hazardous Materials
®
Aesthetics
❑ Air Quality
❑
Noise
❑
Cultural Resources
❑ Agricultural /Forestry Resources
❑
Greenhouse Gas Emissions
❑
Recreation
❑ Mandatory Findings of
Significance
Determination (To be completed by the Lead Agency):
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will ❑
not be a significant effect in this case as revisions in the project have been made by or agreed to by
the project proponent and /or mitigation has been agreed to. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ❑
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed MAY have a "potentially significant impact" or "potentially significant unless ❑
mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because ❑
all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
Date
City of Poway
23 of 102 2 August 5, 2014 Item # 3.2
EIS and Checklist
EA 14-
C. EIS and Checklist
24 of 102 3 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
1. AESTHETICS. Would the
project:
a. Have a substantial adverse
X
effect on a scenic vista?
b. Substantially damage scenic
resources, including, but not
limited to, trees, rock
X
outcroppings, and historic
buildings within a state scenic
highway?
c. Substantially degrade the
existing visual character or
X
quality of the site and its
surroundings?
d. Create a new source of
substantial light or glare
which would adversely affect
X
day or nighttime views in the
area?
11. AGRICULTURAL AND
FORESTRY •
In determining whether
impacts to agricultural
resources are significant
environmental effects, lead
agencies may refer to the
California Agricultural Land
Evaluation and Site
Assessment Model (1997)
prepared by the California
Department of Conservation
as an optional model to use in
assessing impacts on
agriculture and farmland. In
determining whether impacts
to forest resources, including
timberland, are significant
environmental effects, lead
agencies may refer to
information compiled by the
California Department of
Forestry and Fire Protection
regarding the state's
inventory of forest land,
including the Forest and
24 of 102 3 August 5, 2014 Item # 3.2
EIS and Checklist
EA 14-
25 of 102 4 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
Range Assessment Project
and the Forest Legacy
Assessment project; and
forest carbon measurement
methodology provided in
Forest Protocols adopted by
the California Air Resources
Board. Would the project:
a. Convert prime farmland,
unique farmland, or farmland
of statewide importance
(farmland), as shown on the
maps prepared pursuant to
X
the Farmland Mapping and
Monitoring Program of the
California Resources Agency,
to non-agricultural use?
b. Conflict with existing zoning
for agricultural use, or a
X
Williamson Act contract?
c. Conflict with existing zoning
for, or cause rezoning of,
forest land (as defined in
Public Resources Code
section 12220(g)), timberland
(as defined by Public
X
Resources Code section
4526), or timberland zoned
Timberland Production (as
defined by Government Code
section 51104(g))?
d. Result in the loss of
forestland or conversion of
X
forestland to non - forest land?
e. Involve other changes in the
existing environment, which,
due to their location or nature,
could result in conversion of
farmland to non - agricultural
use or conversion of forest
land to non - forest use?
X
25 of 102 4 August 5, 2014 Item # 3.2
EIS and Checklist
EA 14-
POTENTIALLY
ISSUE POTENTIALLY SIGNIFICANT
LESS THAN
SIGNIFICANT UNLESS
SIGNIFICANT
NOIMPACT
IMPACT MITIGATION
IMPACT
INCORPORATED
III. AIR QUALITY.
•- the significance
- established • the
applicable air quality
management or pollution
control district may be relied
upon to make the following
determinations. • • the
project:
a. Conflict with or obstruct
implementation of the
X
applicable air quality plan?
b. Violate any air quality
standard or contribute
X
substantially to an existing or
projected air quality violation?
c. Result in a cumulatively
considerable net increase of
any criteria pollutant for which
the project region is non -
attainment under an
applicable federal or state
X
ambient air quality standard
(including releasing
emissions which exceed
quantitative thresholds for
ozone precursors)?
d. Expose sensitive receptors to
substantial pollutant
X
concentrations?
e. Create objectionable odors
affecting a substantial number
X
of people?
BIOLOGICAL RESOURCES.
Would the project:
a. Have a substantial adverse
effect, either directly or
through habitat modifications,
on any species identified as a
candidate, sensitive, or
special status species in local
X
or regional plans, policies, or
regulations, or by the
California Department of Fish
and Game or U.S. Fish and
Wildlife Service?
b. Have a substantial adverse
X
effect on any riparian habitat
26 of 102 5 August 5, 2014 Item # 3.2
EIS and Checklist
EA 14-
27 of 102 6 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
or other sensitive natural
community identified in local
or regional plans, policies,
regulations, or by the
California Department of Fish
and Game or U.S. Fish and
Wildlife Service?
c. Have a substantial adverse
effect on federally protected
wetlands as defined by
Section 404 of the Clean
Water Act (including, but not
X
limited to, marsh, vernal pool,
coastal, etc.) through direct
removal, filing, hydrological
interruption, or other means?
d. Interfere substantially with the
movement of any native
resident or migratory fish or
wildlife species or with
X
established native resident
migratory wildlife corridors, or
impede the use of native
wildlife nurser sites?
e. Conflict with any local policies
or ordinances protecting
biological resources, such as
X
a tree preservation policy or
ordinance?
f. Conflict with the provisions of
an adopted Habitat
Conservation Plan, Natural
Community Conservation
X
Plan, or other approved local,
regional or state habitat
conservation Ian?
RESOURCES. V. CULTURAL
Would the Project:
a. Cause a substantial adverse
change in the significance of
X
a historical resource as
defined in Section 15064.5?
b. Cause a substantial adverse
change in the significance of
X
an archaeological resource
pursuant to Section 15064.5?
c. Directly or indirectly destroy a
X
unique paleontological
27 of 102 6 August 5, 2014 Item # 3.2
EIS and Checklist
EA 14-
28 of 102 7 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
resource or site or unique
geologic feature?
d. Disturb any human remains,
including those interred
X
outside of formal cemeteries?
GEOLOGY AND SOILS.
Would the project:
a. Expose people or structures
to potential substantial
adverse effects, including the
X
risk of loss, injury or death
involving:
i) Rupture of a known
earthquake fault, as
delineated on the most recent
Alquist - Priolo Earthquake
Fault Zoning Map issued by
the State Geologist for the
X
area or based on other
substantial evidence of a
known fault? Refer to
Division of Mines and
Geology Special Publication
42.
ii) Strong seismic ground
X
shaking?
iii) Seismic - related ground
X
failure, including liquefaction?
iv) Landslides?
X
b. Result in substantial soil
X
erosion or the loss of topsoil?
c. Be located on a geologic unit
or soil that is unstable, or that
would become unstable as a
result of the project, and
X
potentially result in on- or
offsite landslide, lateral
spreading, subsidence,
liquefaction or collapse?
d. Be located on expansive soil,
as defined in Table 18 -1 -B of
the Uniform Building Code
X
(1994), creating substantial
risk to life or property?
e. Have soils incapable of
adequately supporting the
X
use of septic tanks or
alternative wastewater
28 of 102 7 August 5, 2014 Item # 3.2
EIS and Checklist
EA 14-
29 of 102 8 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
disposal systems where
sewers are not available for
the disposal of wastewater?
VILGREENHOUSE
EMISSIONS. . • the
roj
a. Generate greenhouse gas
emissions, either directly or
indirectly, that may have a
X
significant impact on the
environment?
b. Conflict with an applicable
plan, policy or regulation
adopted for the purpose of
X
reducing the emissions of
reenhouse ases?
VIII.HAZARDS
HAZARDOUS
MATERIALS. Would the
project
a. Create a significant hazard to
the public or the environment
through the routine transport,
X
use, or disposal of hazardous
materials?
b. Create a significant hazard to
the public or the environment
through reasonable
foreseeable upset and
X
accident conditions involving
the release of hazardous
materials into the
environment?
c. Emit hazardous emissions or
handle hazardous or acutely
hazardous materials,
X
substances or waste within
one - quarter mile of an
existing or proposed school?
d. Be located on a site which is
included on a list of
hazardous materials sites
compiled pursuant to
Government Code Section
X
65962.5 and, as a result,
would it create a significant
hazard to the public or the
environment?
29 of 102 8 August 5, 2014 Item # 3.2
EIS and Checklist
EA 14-
30 of 102 9 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
e. For a project located within
an airport land use plan or,
where such a plan has not
been adopted, within two
miles of a public airport or
public use airport, would the
X
project result in a safety
hazard for people residing or
working within the project
area
f. For a project in the vicinity of
a private airstrip, would the
project result in a safety
X
hazard for people residing or
working in the project area?
g. Impair implementation of, or
physically interfere with, an
adopted emergency response
X
plan or emergency
evacuation Ian?
h. Expose people or structures
to a significant risk of loss,
injury or death involving
wildland fires, including where
wildlands are adjacent to
X
urbanized areas or where
residences are intermixed
with wildlands?
HYDROLOGY
Would the project:
a. Violate any water quality
standards or waste discharge
X
requirements?
b. Substantially deplete
groundwater supplies or
interfere substantially with
groundwater recharge such
that there would be a net
deficit in aquifer volume or a
j lowering of the local
groundwater table lever (e.g.,
X
the production rate of pre-
existing nearby wells would
drop to a level, which would
not support existing land uses
or planned uses for which
permits have been granted.
30 of 102 9 August 5, 2014 Item # 3.2
EIS and Checklist
EA 14-
31 of 102 10 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
c. Substantially alter the existing
drainage pattern of the site or
area, including through the
alteration of the course of a
X
stream or river, in a manner
which would result in
substantial erosion or siltation
on- or offsite?
d. Substantially alter the existing
drainage pattern of the site or
area, including through the
alteration of the course of a
stream or river, or
X
substantially increase the rate
or amount of surface runoff in
a manner which would result
in flooding on- or offsite?
e. Create or contribute runoff
water which would exceed
the capacity of existing or
planned stormwater drainage
X
systems or provide
substantial additional sources
of pollutant runoff?
f. Otherwise substantially
degrade water quality?
X
g. Place housing within a 100 -
year flood hazard area as
mapped on a Federal Flood
Hazard boundary or Flood
X
Insurance Rate Map or other
flood hazard delineation
map?
h. Place within a 100 -year flood
hazard area structures which
X
would impede or redirect
flood flows?
i. Exposing people or structures
to a significant risk of loss,
injury or death involving
X
flooding, including flooding
as a result of the failure of a
levee or dam?
j. Inundation by seiche,
X
tsunami, or mudflow?
31 of 102 10 August 5, 2014 Item # 3.2
EIS and Checklist
EA 14-
32 of 102 11 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
PLANNING. X. LAND USE AND
Would the project:
a. Physically divide an
X
established community?
b. Conflict with applicable land
use plan, policy, or regulation
of an agency with jurisdiction
over the project (including,
but not limited to, the general
plan, specific plan, local
X
coastal program, or zoning
ordinance) adopted for the
purpose of avoiding or
mitigating an environmental
effect?
c. Conflict with any applicable
habitat conservation plan or
X
natural community
conservation Ulan.
RESOURCES. XI. MINERAL
Would the project:
a. Result in the loss of
availability of a known
mineral resource that would
X
be of future value to the
region and the residents of
the State?
b. Result in the loss of
availability of a locally -
important mineral resource
X
recovery site delineated on a
local general plan, specific
Ian or other land use Ian?
NOISE. . . the project
a. Exposure of persons to, or
generation of, noise levels in
excess of standards
established in the local
X
general plan or noise
ordinance, or applicable
standards of other agencies?
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33 of 102 12 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
b. Exposure of persons to, or
generation of, excessive
ground borne vibration or
X
round borne noise levels?
c. A substantial permanent
increase in ambient noise
levels in the project vicinity
X
above levels existing without
the project?
d. A substantial temporary or
periodic increase in ambient
noise levels in the project
X
vicinity above levels existing
without the project?
e. For a project located within an
airport land use plan or,
where such a plan has not
been adopted, within two
miles of a public airport or
X
public use airport, would the
project expose people
residing or working in the
project area to excessive
noise levels?
f. For a project within the
vicinity of a private airstrip,
would the project expose
X
people residing or working in
the project area to excessive
noise levels?
XIII.IPOPULATION
HOUSING.
Would the project:
a. Induce substantial growth in
an area either directly (for
example, by proposing new
homes and businesses) or
X
indirectly (for example,
through extension of roads or
other infrastructure)?
b. Displace substantial numbers
of existing housing,
necessitating the construction
X
of replacement housing
elsewhere?
X
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34 of 102 13 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
c. Displace substantial numbers
of people, necessitating the
construction of replacement
housing elsewhere?
XIV. PUBLIC SERVICES.
a. Would the project result in
substantial adverse physical
impacts associated with the
provision of new or physically
altered governmental
facilities, need for new or
physically altered
governmental facilities, the
X
construction of which could
cause significant
environmental impacts, in
order to maintain acceptable
service ratios, response times
or other performance
objectives for any of the
public services.
i. Fire protection?
X
ii. Police protection?
X
iii. Schools?
X
iv. Parks?
X
v. Other public facilities?
X
RECREATION.
a. Would the project increase
the use of existing
neighborhood and regional
parks or other recreational
X
facilities such that substantial
physical deterioration of the
facility would occur or be
accelerated?
b. Does the project include
recreational facilities or
require the construction or
expansion of recreational
X
facilities which might have an
adverse physical effect on the
environment?
TRANSPORTATION
TRAFFIC
Would the project:
a. Conflict with an applicable
plan, ordinance or policy
X
establishing measures of
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35 of 102 14 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
effectiveness for the
performance of the circulation
system, taking into account
all modes of transportation,
including mass transit and
non - motorized travel and
relevant components of the
circulation system, including,
but not limited to,
intersections, streets,
highways and freeways,
pedestrian and bicycle paths,
and mass transit?
b. Conflict with an applicable
congestion management
program, including, but not
limited to, level of service
standards and travel demand
x
measures, or other standards
established by the county
congestion management
agency for designated roads
or highways?
c. Result in a change in air
traffic patterns, including
either an increase in traffic
x
levels or a change in location
that results in substantial
safety risks?
d. Substantially increase
hazards due to a design
feature (e.g., sharp curves or
x
dangerous intersections) or
incompatible uses (e.g., farm
equipment)?
e. Result in inadequate
x
emergency access?
f. Conflict with adopted policies,
plans or programs regarding
public transit, bicycle or
pedestrian facilities, or
otherwise decrease the
performance or safety of such
x
facilities?
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36 of 102 15 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
XVII. UTILITIES AND SERVICE
Would the
project:
a. Exceed wastewater treatment
requirements of the
applicable Regional Water
X
Quality Control Board?
b. Require or result in the
construction of new water or
wastewater treatment
facilities or expansion of
existing facilities, the
X
construction of which could
cause significant
environmental effects?
c. Require or result in the
construction of new
stormwater drainage facilities
or expansion of existing
X
facilities, the construction of
which could cause significant
environmental effects?
d. Have sufficient water supplies
available to serve the project
from existing entitlements and
X
resources, or are new or
expanded entitlements
needed?
e. Result in the determination by
the wastewater treatment
provider, which serves or may
serve the project, that it has
adequate capacity to serve
X
the project's projected
demand in addition to the
provider's existing
commitments?
f. Be served by a landfill with
sufficient permitted capacity
X
to accommodate the project's
solid waste disposal needs?
g. Comply with federal, state
and local statutes and
X
regulations related to solid
waste?
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37 of 102 16 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
MANDATORY
OF
a. Does the project have the
potential to degrade the
quality of the environment,
substantially reduce the
habitat of a fish or wildlife
species, cause a fish or
wildlife population to drop
below self- sustaining levels,
X
threaten to eliminate a plant
or animal community, reduce
the number or restrict the
range of a rare or endangered
plant or animal, or eliminate
important examples or the
major periods of California
history or prehistory?
b. Does the project have
impacts that are individually
limited, but cumulatively
considerable? ( "Cumulative
considerable" means that the
incremental effects of a
X
project are considerable when
viewed in connection with the
effects of past projects, the
effects of other current
projects, and the effects of
probable future projects)?
c. Does the project have
environmental effects which
will cause substantial adverse
effects on human beings
either directly or indirectly?
X
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D. DISCUSSION OF ENVIRONMENTAL EVALUATION
Please refer to the Environmental Initial Study Checklist Form above when reading the following
evaluation.
I. AESTHETICS
a) Less Than Significant Impact. ZOA 14 -002 pertains to the establishment /update of zoning
regulations for amateur radio antenna installations in residential areas. Amateur radio
antenna installations are currently allowable accessory uses in residential areas up to a height
of 35 feet with the approval of a discretionary permit. Under current regulations antenna
installations over 35 feet in height would be considered by the City Council through the
Variance process. ZOA 14 -002 would modify current regulations to allow an antenna
installation, which is up to 65 feet in height and in compliance with specified regulations, with a
Building Permit and notice provided to contiguous properties. The regulations include a
prohibition of antenna installations in the front and street side yard setback areas established
by the underlying zoning district and a limit of one antenna installation per property. The
potential for aesthetic impact is considered to be less than significant since amateur radio
antennas are accessory to a residential use on the same property and will be subject to the
height, setback, and number restrictions. An Antenna Permit will be required for an antenna
installation over 65 feet in height, more than one antenna installation per property, and /or an
antenna installation that does not comply with specified standards. The Antenna Permit is a
discretionary permit that would be acted on by the City Council at a public hearing. Antenna
Permits would be subject to further environmental review.
b) Less Than Significant Impact. See Response I.a above.
c) Less Than Significant Impact. See Response I.a above.
d) No Impact. ZOA 14 -002 includes no requirements for lighting. No impact would occur.
II. AGRICULTURE AND FOREST RESOURCES
a) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not result in the
conversion of Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-
agricultural uses. No impact would occur.
b) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and does not change zoning to
preclude agriculture where its permissible under current zoning. No impact would occur.
c) No Impact. The City has no forestland or timberland as defined in the California Government
Code. No impact would occur.
d) No Impact. See response Il.c above.
e) No Impact. See response Il.a above.
III. AIR QUALITY
a) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations do, not emit
air pollutants. No impacts would occur.
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b) No Impact. See response Ill.a above.
c) No Impact. See response Ill.a above.
d) No Impact. See response Ill.a above.
e) No Impact. See response Ill.a above.
IV. BIOLOGICAL RESOURCES
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Establishment of accessory uses
on residential lots are subject to the requirements of, and are covered by the Poway Subarea
Habitat Conservation Plan. No impact would occur.
b)
No Impact.
See response IV above.
c)
No Impact.
See response IV above.
d)
No Impact.
See response IV above.
e)
No Impact.
See response IV above.
f)
No Impact.
See response IV above.
V. CULTURAL RESOURCES
a) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Establishment of antenna
installations will involve minimal, if any, earth disturbing activity. No impact would occur.
b) No Impact. See response V.a above.
c) No Impact. See response V.a above.
d) No Impact. See response V.a above.
VI. GEOLOGY /SOILS
a i) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Establishment of antenna
installations that require a Building Permit will be required to comply with California Building
Code. No impacts will occur.
a ii)
No Impact.
See response VI.a.i above.
a iii)
No Impact.
See response VI.a.i above.
a iv)
No Impact.
See response VI.a.i above.
b)
No Impact.
See response V.a above.
c)
No Impact.
See response V.a above.
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d) No Impact. See response VI.a.i above.
e) No Impact. See response V.a above.
VII. GREENHOUSE GAS EMISSIONS
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations do not emit
air pollutants. No impacts would occur.
b) No Impact. See response Vll.a above.
VIII. HAZARDS & HAZARDOUS MATERIALS
a) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations do not emit
or otherwise utilize hazardous substances. No impact would occur.
b) ; No Impact. See response Vlll.a above.
c) No Impact. See response Vlll.a above.
d) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. No residential zoned property is
on established lists of hazardous waste sites. No impact would occur.
e) No Impact. The City of Poway is not near an airport. No impact would occur.
f) No Impact. See Item Vlll.e above.
g) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and will not impact emergency
evacuation plans. No impact would occur.
h) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and will not expose the public to
increased wildland fire risk. No impact would occur.
IX. HYDROLOGY/WATER QUALITY
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations do no emit
pollutants and will not result in decreased water quality in the area. No impact would occur.
b) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and will not create a need for
ground water or otherwise effect groundwater. No impact would occur.
c) No Impact. See response VI.a.i above.
d) No Impact. See response VI.a.i above.
e) No Impact. See response IX.a above. Additionally, the establishment of an antenna
installation will result in minimal, if any, runoff.
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f) No Impact. See response IX.e above.
g) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and will not cause the placement
of housing within flood prone areas. No impact would occur.
h) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations, as well as
any other type of development, is not permitted within floodways. No impact would occur.
No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations will not
expose the public to increased risk of flooding. No impact would occur.
j) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations will not
expose the public to increased risk of tsunami or mudflows. No impact would occur.
X. LAND USE /PLANNING
a) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations will not
physically divide the City. No impact would occur.
b) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations will not
conflict with the environmental policies and strategies of the General Plan. No impact would
occur.
c) No Impact. See response IV above.
XI. MINERAL RESOURCES
a) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations in
developed residential areas will not result in the loss of availability of a known valuable
mineral resource. No impact would occur.
b) No Impact. See response to Item XI.a.
XII. NOISE
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Except for minimal noise that
may be generated during construction, antenna installations will not generate noise. No
impact would occur.
b) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Only minimal ground vibration
may occur during construction of antenna installations. No impact would occur.
c) No Impact. See response Xll.a above.
d) No Impact. See response Xll.a above.
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e) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not place housing in an
area effected by airport noise. No impact would occur.
f) No Impact. See response Xll.e above.
XIII. POPULATION /HOUSING
a) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not cause urban
growth. No impact would occur.
b) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not displace housing.
No impact would occur.
c) No Impact. See Item Xlll.b.
XIV. PUBLIC SERVICES
a) Fire Protection. No Impact. ZOA 14 -002 is the establishment /update of zoning regulations
for amateur radio antenna installations as accessory uses in residential areas and would not
effect fire services. No impact would occur.
Police Protection. No Impact. ZOA 14 -002 is the establishment /update of zoning
regulations for amateur radio antenna installations as accessory uses in residential areas and
would not effect police services. No impact would occur.
Schools. No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for
amateur radio antenna installations as accessory uses in residential areas and would not
impact school systems. No impact would occur.
Parks. No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for
amateur radio antenna installations as accessory uses in residential areas and would not
impact parks or City recreation programs. No impact would occur.
Other Public Facilities. No Impact. ZOA 14 -002 is the establishment /update of zoning
regulations for amateur radio antenna installations as accessory uses in residential areas and
would effect any other City services or facilities. No impact would occur.
XV. RECREATION
a) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not impact regional
parks or other regional recreation facilities. No impact would occur.
b) No Impact. See Item XV.a. No impact would occur.
XVI. TRANSPORTATION/TRAFFIC
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not cause traffic or
alter transportation systems. No impact would occur.
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b) No Impact. See response XVI.a above.
c) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not alter air traffic
patterns. No impact would occur.
d) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not increase
transportation hazards. No impact would occur.
e) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not effect emergency
access. No impact would occur.
f) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not conflict with
policies regarding the use of alternative transportation modes and those systems. No impact
would occur.
XVII. UTILITIES /SERVICE SYSTEMS
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not cause increases in,
or otherwise effect, wastewater. No impact would occur.
b) No Impact. See response XVll.a above.
c) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not cause a need for
expanded stormwater drainage facilities. No impact would occur.
d) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not cause an increase in
water demand. No impact would occur.
e) No Impact. See response XVll.a above.
f) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not cause an increase
in solid waste disposal needs. No impact would occur.
g) No Impact. See response XVll.f above.
XVIII. MANDATORY FINDING OF SIGNIFICANCE:
a) No Impact. The project will not have an impact on habitat communities, wildlife, or cultural
resources. See responses IV.a and V.a above.
b) No Impact. The project, considered cumulatively with past and future projects, will not result in
impacts. The project, as well as past projects and future projects, has or will comply with the
land use and density limitations of the City's General Plan. Infrastructure and services per the
General Plan are in place or are planned and will be provided to accommodate future growth.
c) Less Than Significant Impact. The project will not have environmental effects that will cause
substantial adverse effects on human beings. See response La above.
43 of 102 22 August 5, 2014 Item # 3.2
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
AMENDING THE MASTER FEE SCHEDULE
TO ADD PROCESSING FEES FOR AN ANTENNA PERMIT
AND RELATED REHEARING
WHEREAS, on May 4, 2010, the City Council adopted a Master Fee Schedule,
and
WHEREAS, California Government Code Section 66016, et seq., establishes
procedures for the adoption of fees for services provided by local government; and
WHEREAS, Zoning Ordinance Amendment 14 -002 establishes a requirement for
the processing and approval of an Antenna Permit for certain types of amateur radio
antenna installations; and
WHEREAS, the City Council of the City of Poway wishes to recover a certain
degree of City staff time costs associated with the processing of an Antenna Permit and
any related re- hearing of an Antenna Permit, and also wishes to reasonably
accommodate amateur radio antenna installations by minimizing the cost of an Antenna
Permit and related re- hearing; and
WHEREAS, the City Council recognizes that amateur radio operators serve a
valuable public service in time of emergency by providing an inexpensive and reliable
network of communication for the City and the public when other communication
resources could be overwhelmed or otherwise unavailable; and
WHEREAS, on August 5, 2014, the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council finds that this amendment to the Master Fee Schedule is
exempt from the requirements of the California Environmental Quality Act (CEQA),
pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it can be found with
certainty that establishment of processing fees will not result in an effect. on the
environment.
Section 2: The City Council hereby modifies the Master Fee Schedule as shown in
Exhibit A.
Section 3: The fees shown in Exhibit A shall become effective 60 days from the date
of this Resolution.
44 of 102 ATTACHMENT E August 5, 2014 Item # 3.2
Resolution No. 14-
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 5th day of August 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 14- was duly adopted by the City Council
at a meeting of said City Council held on the 5th day of August 2014, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
45 of 102 August 5, 2014 Item # 3.2
Exhibit A
Service Description
Minor Development Review* (continued)
Remodeling, alteration, or addition of commercial or industrial
buildings of less than 10,000 square feet or 25% of the existing
building square footage, whichever is less*
Modification to a commercial or industrial approval*
Second dwelling unit*
Utility box (Without another land use permit)*
Telecommunications facility*
Amateur Radio Antenna Permit
Amateur Rad*e Antenna UP tO 35 feet PR he�gN
Modification, unless otherwise indicated*
Time Extension, unless otherwise indicated
Variance
Without another land use permit*
Concurrent with another land use permit*
Specific Plan
Initiation of Specific Plan
Specific Plan
Specific Plan Amendment
General Plan and Zoning Ordinance
Pre - General Plan Amendment (PGPA)
General Plan Amendment (GPA)
Zone Change (ZC) Amendment to land use map
GPA and ZC
Zoning Ordinance Amendment (text change)
Development Agreement
Not in conjunction with a project
In conjunction with a project
Modification to existing agreement
Annexation
Signs
Sign Permit*
Comprehensive Sign Program (CSP)*
Modification to CSP*
Miscellaneous Permits & Activities
Home Occupation Permit*
Home Occupation Permit Renewal
Administrative Outdoor Display Permit*
Temporary Use Permit (TUP)
City Council Approval*
All other TUPs*
Landscape Plan Check & Inspection
Tree Removal Permit*
Administrative Remedy Letter
Appeals to City Council or Project Rehearing
Appeals to City Council or Project Rehearing
for Temporary Use Permit and Comprehensive
Sign Program
Rehearing for Antenna Permit
Appeals for Wildfire Defensible Space Proararr
Fee
$ 1,622
$ 823
$ 823
$ 756
$ 743
$— 19
N/s
$ 264
$ 160
$ 799
$ 319
$ 479
$ 5,000 Deposit, full cost recovery
$ 2,875
$ 479
$ 1,917
$ 1,917
$ 5,000 Deposit, full cost recovery
$ 6,000 Deposit, full cost recovery
$ 5,000
Deposit, full cost recovery
$ 3,000
Deposit, full cost recovery
$ 2,000
Deposit, full cost recovery
$ 5,000
Deposit, full cost recovery
$ 72
$ 573
$ 430
$ 115
$ 20
$ 221
$ 466
$ 172
Flat fee / Deposit, full cost recovery (Refer to Resolution 11 -068)
$ 102
$ 294
$ 765
$ 100 Resolution 11 -037
550
$ 200
46 of 102 August 5, 2014 Item # 3.2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY; CALIFORNIA,
AMENDING CHAPTERS 17.08, 17.18, AND 17.20 AND ADDING CHAPTER 17.31
TO TITLE 17 OF THE POWAY MUNICIPAL CODE
PERTAINING TO AMATEUR RADIO ANTENNA INSTALLATIONS
(ZONING ORDINANCE AMENDMENT (ZOA) 14 -002)
WHEREAS, the City Council seeks to amend the Poway Municipal Code (PMC)
by amending Chapters 17.08, 17.18, and 17.20 and adding Chapter 17.31 pertaining to
amateur radio antenna installations in residential areas; and
WHEREAS, federal policies establish a strong federal interest in promoting
amateur communications and it is recognized that there exists a limited preemption in
the regulation of amateur communications by the City; and
WHEREAS, such limited preemption allows the City to adopt its own regulations
which involve matters such as placement, screening, or height of antennas based on
health, safety, or aesthetic considerations so long as the City's regulations reasonably
accommodate amateur communications, and represent the minimum practicable
regulation to accomplish the City's legitimate interests; and
WHEREAS, on February 18, 2014, and May 6, 2014, the City Council held
workshops to discuss potential regulations for amateur radio antenna installations and
hear input from the public; and
WHEREAS, the City Council findings pursuant to the California Environmental
Quality Act (CEQA) are contained in a separate City Council Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: Section 17.08.140 of Chapter 17.08 (Residential Zones) of the PMC is
hereby amended to add amateur radio antenna installations as permitted accessory
uses in all residential zones as follows:
G. Amateur Radio Antenna Installations P* P* P* P* P* P* P*
*Subject to the regulations contained in Chapter 17.31
Section 2: Section 17.08.160 of Chapter 17.08 of the PMC is hereby amended to
clarify the height regulations for amateur radio antenna installations in all residential
zones to read as follows:
J. Building and 35 feet or 2 stories, whichever is less, or as expressly
structure height authorized pursuant to an adopted specific plan. Amateur
47 of 102 ATTACHMENT F August 5, 2014 Item # 3.2
Ordinance No.
Page 2
(maximum in feet) radio antenna installations are subject to the height and
other regulations contained in Chapter 17.31.
Section 3: Section 17.08.230 of Chapter 17.08 of the PMC is hereby amended to
exclude amateur radio antenna installations from the height limit in all residential zones
to read as follows:
C. Air conditioners, antennas (excepting amateur radio antenna installations subject
to Chapter 17.31), heating, cooling, ventilating equipment and all other mechanical,
lighting or electrical devices shall be so operated that they do not disturb the peace,
quiet and comfort of neighboring residents, and shall be screened, shielded and /or
sound buffered from surrounding properties and streets. All equipment shall be
installed and operated in accordance with all other applicable ordinances. Heights of
said equipment shall not exceed the required height of the zone in which they are
located
Section 4: Section 17.18.030 of Chapter 17.18 (Planned Residential Zone) of the
PMC is hereby amended to clarify the height regulations for amateur radio antenna
installations as follows:
J. Building and 35 feet or 2 stories, whichever is less, or as expressly
structure height authorized pursuant to an adopted specific plan. Amateur
(maximum in feet) radio antenna installations are. subject to the height and
other regulations contained in Chapter 17.31.
Section 5: Section 17.18.050 of Chapter 17.18 of the PMC is hereby amended to add
amateur radio antenna installations as permitted accessory uses as follows:
Accessory uses and structures shall be located as specified on the development plans
as approved by the City Council; provided, however, that accessory structures shall
meet all of the setbacks for site development as specified in PMC 17.18.030. Approval
of a minor conditional use permit shall be required prior to the outdoor placement of
"seatainers" on any property. "Seatainers" may be used for storage only and the minor
conditional use permit shall regulate their placement and screening. Amateur radio
antenna installations are a permissible accessory use to a residential use and subject to
the height and other regulations contained in Chapter 17.31.
Section 6: Section 17.20.020 of Chapter 17.20 (Planned Community Zone) of the
PMC is hereby amended to add amateur radio antenna installations as permitted
accessory uses to residential uses as follows:
H. Amateur radio antenna installations are a permissible accessory use to a residential
use and subject to the height and other regulations contained in Chapter 17.31.
48 of 102 August 5, 2014 Item # 3.2
Ordinance No.
Page 3
Section 7: Section 17.20.030 of Chapter 17.20 of the PMC is hereby amended to
clarify the height regulations for amateur radio antenna installations as follows:
F. There shall be a maximum height of 35 feet or two stories, whichever is less or as
expressly authorized pursuant to an adopted specific plan, and no coverage
requirement for individual lots, except as established by a development plan, a
conditional use permit, or by development review. Amateur radio antenna installations
are subject to the height and other regulations contained in Chapter 17.31.
Section 8: Chapter 17.31 is hereby added to the Poway Municipal Code as follows:
Chapter 17.31
Amateur Radio Antenna Installations
17.31.010 Purposes.
17.31.020 Definitions.
17.31.030 Regulations for Amateur Radio Antenna Installations, Permits Required.
17.31.040 Applications for Minor Antenna Permits and Antenna Permits.
17.31.050 Public Notice.
17.31.060 Minor Antenna Permit Findings.
17.31.070 Antenna Permit Findings.
17.31.080 Exempt Antenna Installations.
17.31.090 Maintenance and Abandonment.
17.31.010 Purposes.
The purpose of the regulations contained in this Chapter is as follows:
A. To preserve visual access to major natural features, such as the surrounding
hillsides, and ensure that all public and private development is compatible with the
unique natural and man -made resources that give Poway its charm and character.
B. To provide the minimum practicable regulations necessary to satisfy the
aesthetic, health, safety, and welfare concerns that have prompted these minimal
restrictions on amateur radio antenna installations.
C. To reasonably accommodate amateur radio communications, to constitute the
minimum regulations necessary to accomplish the purpose of this Chapter, and to
impose no unreasonable cost on the amateur radio operators.
D. To minimize the impact of the regulations on the right of individuals to engage in
amateur radio antenna communication and to constitute the least intrusive means
available to the City to mitigate potential adverse impacts on the safety and welfare of
residents, and the quality and aesthetics of the community.
49 of 102 August 5, 2014 Item # 3.2
Ordinance No.
Page 4
E. To avoid unreasonable limitation on amateur radio antenna communication and
excessive costs associated with processing applications for permits and conditions
imposed by those permits.
17.31.020 Definitions.
Whenever, in this Chapter, the following terms are used they shall have the meaning
ascribed to them in this Section.
A. "Amateur radio antenna" means any antenna that is used for the purpose of
transmitting and receiving radio signals in conjunction with an amateur radio station
licensed by the Federal Communications Commission.
B. "Antenna support structure" means an antenna's supporting mast or tower, if any.
C. "Amateur radio antenna installation" means a single structural unit which is
comprised of the antenna support structure, antennas, and other communication - related
appurtenances.
17.31.030 Regulations for Amateur Radio Antenna Installations and Permits Required.
Amateur radio antenna installations (i.e., antenna installations) may be installed,
erected and maintained within all residential zoning districts in the City in accordance
with the provisions contained in this Chapter. Unless specifically exempted pursuant to
Section 17.31.080 of this Chapter, or otherwise specified herein, antenna installations
shall comply with all of the following:
A. Height. Antenna installations which are 35 feet in height and up to 65 feet in
height shall require a Minor Antenna Permit pursuant to Section 17.31.040 of this
Chapter. Antenna installations over 65 feet in height shall require an Antenna Permit
pursuant to Section 17.31.040 of this Chapter. Antenna installations up to 35 feet in
height are permitted without the requirement to obtain a Minor Antenna Permit or
Antenna Permit and are subject to the regulations in Sections B and C below. For an
antenna installation that is mounted to any part of a building or mounted to the ground,
height shall be measured from the ground level immediately adjacent to antenna
installation to the highest point of the antenna installation.
B. Number. Unless exempted pursuant to Section 17.31.080 of this Chapter, a
maximum of one antenna installation, which consists of an antenna support structure
and antennas, is permitted per property. The single antenna installation may
accommodate multiple antennas. Proposals for more than one antenna installation
shall require an Antenna Permit pursuant to Section 17.31.040.
C. Siting /Setbacks. Antenna installations may be mounted to any part of a building
or mounted to the ground. No antenna installation shall be located within any front,
street side, interior side, or rear building setback area that is required pursuant to the
site's underlying zoning designation. Additionally, in cases where the building has been
50 of 102 August 5, 2014 Item # 3.2
Ordinance No.
Page 5
situated a distance greater than the minimum front or street side setback, no antenna
installation shall be located closer to the street than the building. Antennas that are
attached to an antenna support structure may encroach into interior side and rear
setback areas up to 50% of the required setback distance pursuant to the site's
underlying zoning designation. Proposals for antenna installations that do not comply
with these provisions shall require an Antenna Permit pursuant to Section 17.31.040.
D. Building Permit. A Building Permit may be required pursuant to the California
Building Code as determined by the Building Official.
17.31.040 Applications for Minor Antenna Permits and Antenna Permits.
Antenna installations which are 35 feet in height and up to 65 feet in height shall require
a Minor Antenna Permit. Antenna installations over 65 feet in height and /or antenna
installations that do not comply with the provisions of Sections 17.31.030 B and C of this
Chapter shall require an Antenna Permit. Submittal of a Minor Antenna Permit and an
Antenna Permit shall be on a form supplied by the Development Services Department
and shall be accompanied by the following information and plans:
A. A site plan drawn to scale and dimensioned, showing the proposed location of
the antenna installation in relation to property lines, setbacks, and any structures on the
site, as well as the location of adjacent structures within 100 feet.
B. Specific details of any equipment associated with the antenna installation, such
as footings, guy -wires and braces, including roof top mounts, if applicable.
C. Elevations drawn to scale and dimensioned so as to fully describe the proposed
antenna installation.
D. Written consent of the property owner.
E. A public notice package consisting of a map showing properties within a 500 -foot
radius of the site and a list of property owners.
17.31.050 Public Notice.
A. For antenna installations up to 35 feet in height, which require a Building Permit,
notice shall be given to all contiguous property owners. Notice shall be provided by the
Building Permit applicant at the time the Building Permit application is submitted to the
City. The applicant shall provide certification of the conducted notice to the City before
the issuance of the Building Permit.
B. For an antenna installation requiring a Minor Antenna Permit, the Development
Services Department shall provide a minimum 10 day notice of a pending approval of a
Minor Antenna Permit to properties within a 500 -foot radius of the project site.
51 of 102 August 5, 2014 Item # 3.2
Ordinance No.
Page 6
C. For an antenna installation requiring an Antenna Permit, the City Council shall
calendar a public hearing on an application for an Antenna Permit. The hearing shall be
set and notice given as prescribed in PMC 17.46.050.
17.31.060 Minor Antenna Permit Findings.
With a. Minor Antenna Permit the Director of Development Services may. authorize an
antenna installation which is 35 feet up to 65 feet in height upon the findings that the
antenna facility has been sited to minimize the potential for visual impact to surrounding
properties to the extent that is feasible.
17.31.070 Antenna Permit Findings.
With an Antenna Permit, the City Council may authorize an antenna installation greater
than 65 feet in height and /or an antenna installation that does not comply with the
provisions of Section 17.31.030 of this Chapter. upon findings that:
A. The design of the proposed antenna installation is the minimum necessary for
the reasonable accommodation of the communication needs of the operator as set forth
in Federal and /or State rules and regulations; and
B. There are no other feasible alternatives.
The applicant shall provide evidence necessary to document that the above findings
can be met.
17.31.080 Exempt Antenna Installations.
The following shall be exempt from the requirements of this Chapter:
A. Antenna installations legally. established prior to the effective date of this
Ordinance. Any increase in height to an existing antenna installation shall be subject to
the requirements of this Chapter, including the requirement to obtain a Minor Antenna
Permit if the increased height greater than 35 feet up to 65 feet or an Antenna Permit if
the increased height is greater than 65 feet.
B. Any antenna installation that is six feet or less in any dimension and not located
within any front yard or street side yard setback area.
C. Guy -wire supports for an antenna support structure, and not located within any
front yard or street side yard setback area.
D. Wire antenna of gauge number 12 or less affixed to a structure, other antenna or
tree, and not located within any front yard or street side yard setback area.
17.31.090 Maintenance and Abandonment.
A Maintenance and Removal Agreement shall be executed by the property owner for
any antenna installation that - requires a Building Permit. No Building Permit shall be
52 of 102 August 5, 2014 Item # 3.2
Ordinance No.
Page 7
issued until such Agreement has been executed. The Agreement shall be a continuing
condition of the Building Permit. The Agreement shall also bind the property owner and
their successors and assigns to the installation as follows:
A. Maintenance of the antenna installation to ensure compliance with the Building
Permit and /or Antenna Permit.
B. Maintenance of the antenna installation in safe and good repair.
C. Removal of the antenna installation for failure to maintain the installation and /or
upon its abandonment, as determined by the City Manager. Removal shall occur within
90 days of written notification to the property owner.
53 of 102 August 5, 2014 Item # 3.2
Ordinance No.
Page 8
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of this passage; and before the expiration of fifteen (15) days after
its passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 5th day of August 2014, and thereafter PASSED AND ADOPTED at
a regular meeting of said City Council held the 19th day of August 2014, by the
following roll call vote.
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Donald Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
54 of 102 August 5, 2014 Item # 3.2
Zoning Ordinance Amendment 14 -002
(Changes to the PMC are described, then shown with additions in underline)
Line "G" is added to the table in Section 17.08.140 of Chapter 17.08 of the PMC
indicating amateur radio installations are permitted as accessory uses in all residential
zones with cross reference to the new regulations as follows:
G. Amateur Radio Antenna Installations P* P* P* P* P* P* P*
*Subject to the regulations contained in Chapter 17.31
Section 17.08.160 of Chapter 17.08 of the PMC is amended to clarify the height
regulations for amateur radio antenna installations in all residential zones to read as
follows:
J. Building and 35 feet or 2 stories, whichever is less, or as expressly
structure height authorized pursuant to an adopted specific plan. Amateur
(maximum in feet) radio antenna installations are subject to the height and
other regulations contained in Chapter 17.31.
Section 17.08.230 of Chapter 17.08 of the PMC is amended. to exclude amateur radio
antenna installations from the height limit in all residential zones to read as follows:
C. Air conditioners, antennas (excepting amateur radio antenna installations subject
to Chapter 17.31), heating, cooling, ventilating equipment and all other mechanical,
lighting or electrical devices shall be so operated that they do not disturb the peace,
quiet and comfort of neighboring residents, and shall be screened, shielded and /or
sound buffered from surrounding properties and streets. All equipment shall be
installed and operated in accordance with all other applicable ordinances. Heights of
said equipment shall not exceed the required height of the zone in which they are
located
Section 17.18.030 of Chapter 17.18 of the PMC is amended to clarify the height
regulations for amateur radio antenna installations as follows:
J. Building and 35 feet or 2 stories, whichever is less, or as expressly
structure height authorized pursuant to an adopted specific plan. Amateur
(maximum in feet) radio antenna installations are subject to the height and
other regulations contained in Chapter 17.31.
55 of 102 ATTACHMENT G August 5, 2014 Item # 3.2
Section 17.18.050 of Chapter 17.18 of the PMC is amended to add amateur radio
antenna installations as permitted accessory uses as follows:
Accessory uses and structures shall be located as specified on the development plans
as approved by the City Council; provided, however, that accessory structures shall
meet all of the setbacks for site development as specified in PMC 17.18.030. Approval
of a minor conditional use permit shall be required prior to the outdoor placement of
"seatainers" on any property. "Seatainers" may be used for storage only and the minor
conditional use permit shall regulate their placement and screening. Amateur radio
antenna installations are a permissible accessory use to a residential use and subject to
the height and other regulations contained in Chapter 17.31.
Section 17.20.020 of Chapter 17.20 of the PMC is amended to add amateur radio
antenna installations as permitted accessory uses to residential uses as follows:
H. Amateur radio antenna installations are a permissible accessory use to a residential
use and subject to the height and other regulations contained in Chapter 17.31.
Section 17.20.030 of Chapter 17.20 of the PMC is amended to clarify the height
regulations for amateur radio antenna installations as follows:
F. There shall be a maximum height of 35 feet or two stories, whichever is less or as
expressly authorized pursuant to an adopted specific plan, and no coverage
requirement for individual lots, except as established by a development plan, a
conditional use permit, or by development review. Amateur radio antenna installations
are subject to the height and other regulations contained in Chapter 17.31.
Chapter 17.31
Amateur Radio Antenna Installations
17.31.010 Purposes.
17.31.020 Definitions.
17.31.030 Regulations for Amateur Radio Antenna Installations, Permits Required.
17.31.040 Applications for Minor Antenna Permits and Antenna Permits.
17.310050 Public Notice.
17.31.060 Minor Antenna Permit Findings.
17.31.070 Antenna Permit Findings.
17.310080 Exempt Antenna Installations.
17.310090 Maintenance and Abandonment.
56 of 102 August 5, 2014 Item # 3.2
17.31.010 Purposes.
The purpose of the regulations contained in this Chapter is as follows:
A. To preserve visual access to major natural features, such as the surrounding
hillsides, and ensure that all public and private development is compatible with the
unique natural and man -made resources that give Poway its charm and character.
B. To provide the minimum practicable regulations necessary to satisfy the
aesthetic, health, safety, and welfare concerns that have prompted these minimal
restrictions on amateur radio antenna installations.
C. To reasonably accommodate amateur radio communications, to constitute the
minimum regulations necessary to accomplish the purpose of this Chapter, and to
impose no unreasonable cost on the amateur radio operators.
D. To minimize the impact of the regulations on the right of individuals to engage in
amateur radio antenna communication and to constitute the least intrusive means
available to the City to mitigate potential adverse impacts on the safety and welfare of
residents, and the quality and aesthetics of the communitV.
E. To avoid unreasonable limitation on amateur radio antenna communication and
excessive costs associated with processing applications for permits and conditions
imposed by those permits.
17.31.020 Definitions.
Whenever, in this Chapter, the following terms are used they shall have the meaning
ascribed to them in this Section.
A. "Amateur radio antenna" means any antenna that is used for the purpose of
transmitting and receiving radio signals in conjunction with an amateur radio station
licensed by the Federal Communications Commission.
B. "Antenna support structure" means an antenna's supporting mast or tower, if any.
C. "Amateur radio antenna installation" means a single structural unit which is
comprised of the antenna support structure, antennas, and other communication- related
appurtenances.
17.31.030 Regulations for Amateur Radio Antenna Installations and Permits Required.
Amateur radio antenna installations (i.e., antenna installations) may be installed
erected and maintained within all residential zoning districts in the City in accordance
with the provisions contained in this Chapter. Unless specifically exempted pursuant to
Section 17.31.080 of this Chapter, or otherwise specified herein, antenna installations
shall comply with all of the following_
A. Height. Antenna installations .which are 35 feet in height and up to 65 feet in
57 of 102 . August 5, 2014 Item # 3.2
height shall require a Minor Antenna Permit pursuant to Section 17.31.040 of this
Chapter. Antenna installations over 65 feet in height shall require an Antenna Permit
pursuant to Section 17.31.040 of this Chapter. Antenna installations up to 35 feet in
height are permitted without the requirement to obtain a Minor Antenna Permit or
Antenna Permit and are subject to the regulations in Sections B and C below. For an
antenna installation that is mounted to any part of a building or mounted to the ground
height shall be measured from the ground level immediately adjacent to antenna
installation to the highest point of the antenna installation.
B. Number. Unless exempted pursuant to Section 17.31 080 of this Chapter, a
maximum of one antenna installation, which consists of an antenna support structure
and antennas, is permitted per property. The single antenna installation may
accommodate multiple antennas. Proposals for more than one antenna installation
shall require an Antenna Permit pursuant to Section 17.31.040.
C. Siting /Setbacks. Antenna installations may be mounted to any part of a building
or mounted to the ground. No antenna installation shall be located within any front
street side, interior side, or rear building setback area that is required pursuant to the
site's underlying zoning designation. Additionally, in cases where the building has been
situated a distance greater than the minimum front or street side setback, no antenna
installation shall be located closer to the street than the building. Antennas that are
attached to an antenna support structure may encroach into interior side and rear
setback areas up to 50% of the required setback distance pursuant to the site's
underlying zoning designation. Proposals for antenna installations that do not comply
with these provisions shall require an Antenna Permit pursuant to Section 17.31.040.
D. Building Permit. A Building Permit may be required pursuant to the California
Building Code as determined by the Building Official.
17.31.040 Applications for Minor Antenna Permits and Antenna Permits.
Antenna installations which are 35 feet in height and up to 65 feet in height shall require
a Minor Antenna Permit. Antenna installations over 65 feet in height and /or antenna
installations that do not comply with the provisions of Sections 17.31.030 B and C of this
Chapter shall require an Antenna Permit. Submittal of a Minor Antenna Permit and an
Antenna Permit shall be on a form supplied by the Development Services Department
and shall be accompanied by the following information and plans:
A. A site plan drawn to scale and dimensioned, showing the proposed location of
the antenna installation in relation to property lines, setbacks, and any structures on the
site, as well as the location of adjacent structures within 100 feet.
B. Specific details of any equipment associated with the antenna installation, such
as footings, guy -wires and braces, including roof top mounts, if applicable.
C. Elevations drawn to scale and dimensioned so as to fully describe the proposed
antenna installation.
58 of 102 August 5, 2014 Item # 3.2
D. Written consent of the property owner.
E. A public notice package consisting of a map showing properties within a 500 -foot
radius of the site and a list of property owners.
17.31.050 Public Notice.
A. For antenna installations up to 35 feet in height, which require a Building Permit
notice shall be given to all contiguous property owners. Notice shall be provided by the
Building Permit applicant at the time the Building Permit application is submitted to the
City. The applicant shall provide certification of the conducted notice to the City before
the issuance of the Building Permit.
B. For an antenna installation requiring a Minor Antenna . Permit, the Development
Services Department shall provide a minimum 10 day notice of a pending approval of a
Minor Antenna Permit to properties within a 500 -foot radius of the project site.
C. For an antenna installation requiring an Antenna Permit, the City Council shall
calendar a public hearing on an application for an Antenna Permit. The hearing shall be
set and notice given as prescribed in PMC 17.46.050.
17.31.060 Minor Antenna Permit Findings.
With a Minor Antenna Permit the Director of Development Services may authorize an
antenna installation which is 35 feet up to 65 feet in height upon the findings that the
antenna facility has been sited to minimize the potential for visual impact to surrounding
properties to the extent that is feasible.
17.31.070 Antenna Permit Findings.
With an Antenna Permit, the City Council may authorize an antenna installation greater
than 65 feet in height and /or an antenna installation that does not comply with the
provisions of Section 17.31.030 of this Chapter upon findings that:
A. The design of the proposed antenna installation is the minimum necessary for
the reasonable accommodation of the communication needs of the operator as set forth
in Federal and /or State rules and regulations; and
B. There are no other feasible alternatives.
The applicant shall provide evidence necessary to document that the above findings
can be met.
17.31.080 Exempt Antenna Installations.
The following shall be exempt from the requirements of this Chapter:
A. Antenna installations legally established prior to the effective date of this
59 of 102 August 5, 2014 Item # 3.2
Ordinance. Any increase in height to an existing antenna installation shall be subject to
the requirements of this Chapter, including the requirement to obtain a Minor Antenna
Permit if the increased height greater than 35 feet up to 65 feet or an Antenna Permit if
the increased height is greater than 65 feet.
B. Any antenna installation that is six feet or less in any dimension and not located
within any front yard or street side yard setback area.
C. Guy -wire supports for an antenna support structure, and not located within any
front yard or street side yard setback area.
D. Wire antenna of gauge number 12 or less affixed to a structure, other antenna or
tree, and not located within any front yard or street side yard setback area.
17.31.090 Maintenance and Abandonment.
A Maintenance and Removal Agreement shall be executed by the property owner for
any antenna installation that requires a Building Permit. No Building Permit shall be
issued until such Agreement has been executed. The Agreement shall be a continuing
condition of the Building Permit. The Agreement shall also bind the property owner and
their successors and assigns to the installation as follows:
A. Maintenance of the antenna installation to ensure compliance with the Building
Permit and /or Antenna Permit.
B. Maintenance of the antenna installation in safe and good repair.
Removal of the antenna installation for failure to maintain the installation and /or
upon its abandonment, as determined by the City Manager. Removal shall occur
within 90 days of written notification to the property owner.
60 of 102 August 5, 2014 Item # 3.2
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ADOPTING A NEGATIVE DECLARATION FOR
ZONING ORDINANCE AMENDMENT 14 -002
WHEREAS, the City Council seeks to amend by separate Ordinance the Poway
Municipal Code (PMC) by amending Chapters 17.08, 17.18, and 17.20 and adding
Chapter 17.31 pertaining to amateur radio antenna installations in residential areas; and
WHEREAS, Zoning Ordinance Amendment 14 -002 establishes regulation and a
requirement for the processing and approval of a Minor Antenna Permit and an Antenna
Permit for certain types of amateur radio antenna installations; and
WHEREAS, federal policies establish a strong federal interest in promoting
amateur communications and it is recognized that there exists a limited preemption in
the regulation of amateur communications by the City; and
WHEREAS, such limited preemption allows the City to adopt its own regulations
which involve matters such as placement, screening, or height of antennas based on
health, safety, or aesthetic considerations so long as the City's regulations reasonably
accommodate amateur communications, and represent the minimum practicable
regulation to accomplish the City's legitimate interests; and
WHEREAS, on August 5, 2014, the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: In accordance with the requirements of the California Environmental Quality
Act (CEQA) an Environmental Initial Study (EIS) and a proposed Negative Declaration
(ND) have been prepared for ZOA 14 -002. The City Council has considered the EIS,
ND, and public comments received on the EIS and ND. The subject EIS and ND
documentation are fully incorporated herein by this reference. The City Council finds,
on the basis of the whole record before it, that there is no substantial evidence that the
project will have a significant impact on the environment.
61 of 102 ATTACHMENT H August 5, 2014 Item # 3.2
Resolution No. 14-
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 5th day of August 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 14- was duly adopted by the City Council
at a meeting of said City Council held on the 5th day of August 2014, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
62 of 102 August 5, 2014 Item # 3.2
CITY OF POWAY
NEGATIVE DECLARATION
1. Name and Address of Applicant: City of Poway, Attention: Jason Martin
13325 Civic Center Drive
Poway, CA 92064
2. Project Name and Brief Description of Project: Environmental Assessment and Zoning
Ordinance Amendment (ZOA) 14 -002: an Ordinance of the City of Poway, California,
amending the Poway Municipal Code pertaining to regulations for amateur radio antenna
installations in residential areas. The City of Poway is establishing /updating zoning
regulations for amateur radio antenna installations (a.k.a. "ham" radio), which will be
incorporated into the Poway Municipal Code under ZOA 14 -002 and bV adoption of
an Ordinance. The effort has been prompted by State and Federal mandates to
local governments pertaining to the accommodation of amateur radio antenna
installations. Currently, amateur radio antenna installations are allowable accessory
uses in all residential areas. ZOA 14 -002 will add and clarify regulations and permitting
reauirements.
3. In accordance with Resolution 83 -084 of the City of Poway, implementing the California
Environmental Quality Act of 1970, the Poway City Council has found that the above -
referenced project will not have a significant effect upon the environment and has approved
a Negative Declaration. An Environmental Impact Report will not be required.
4. This Negative Declaration is comprised of this form along with the Environmental Initial
Study that includes the Initial Study and Checklist.
5. The decision of the City Council of the City of Poway is final.
Contact Person: Jason Martin Phone: (858) 668 -4658
Approved by:
Attachment:
Robert J. Manis
Director of Development Services
Environmental Initial Study
Date: August 5, 2014
63 of 102 ATTACHMENT I August 5, 2014 Item # 3.2
CITY OF POWAY
ENVIRONMENTAL INITIAL STUDY
AND CHECKLIST
A. INTRODUCTION
This Environmental Initial Study and Checklist, along with information contained in the public record,
comprise the environmental documentation for the proposed project as described below pursuant to
the requirements of the California Environmental Quality Act (CEQA). Based upon the information
contained herein and in the public record, the City of Poway has prepared a Negative Declaration for
the proposed project.
B. PROJECT INFORMATION
Project Title: Ordinance of the City of Poway Pertaining to Regulations for Amateur Radio Antenna
Installations
2. Lead Agency Name and Address: City of Poway, Development Services
13325 Civic Center Drive, Poway CA 92064
3. Contact Person and Phone Number: Jason Martin (858) 668 -4658
4. Project Location: City -wide in the City of Poway
Project Sponsor's Name and Address: City of Poway, Development Services Department
13325 Civic Center Drive Poway CA 92064
6. General Plan Designation: Multiple residential designations
7. Description of Project: (Describe the whole action involved, including, but not limited to, later phases
of the project, and any secondary, support, or offsite features necessary for its implementation.
Attach additional sheets if necessary).
The City of Poway is establishing /updating zoning regulations for amateur radio antenna installations
(a.k.a. "ham" radio), which will be incorporated into the Poway Municipal Code under Zoninq
Ordinance Amendment (ZOA) 14 -002 and by adoption of an Ordinance. The effort has been
prompted by State and Federal mandates to local governments pertaining to the accommodation of
amateur radio antenna installations. Currently amateur radio antenna installations are allowable
accessory uses in all residential areas,. and ZOA 14 -002 will add and clarify regulations and
permitting requirements. Specifically, ZOA 14 -002 will establish height setback and sitinq
regulations; a new Minor Antenna Permit and Antenna Permit requirement; and public noticing
procedures. The regulations will allow a single antenna installation per property, which is 35 feet up
to up to 65 feet in height and in compliance with specified regulations, with a Minor Antenna Permit
which is acted on by City staff. An Antenna Permit will be required for an antenna installation over 65
feet in height, more than one antenna installation per property, and /or an antenna installation that
does not comply with specified standards. The Antenna Permit is a discretionary permit that would
be acted on by the City Council at a public hearing and may be approved provided special findings
can be made. Antenna Permits would be subject to further environmental review.
8. Surrounding Land Uses and Setting: ZOA 14 -002 affects property in Poway city -wide.
9. Other agencies whose approval is required (e.g. permits, financing approval, or participation
agreement): None
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Environmental Factors Potentially Affected: The environmental factors checked below would be
potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as
indicated by the checklist on the following pages.
❑
Land Use and Planning
❑
Transportation/Traffic
❑
Public Services
❑
Population and Housing
❑
Biological Resource
❑
Utilities and Service
❑
Geology /Soils
❑
Mineral Resources
Systems
❑
Hydrology / Water Quality
❑
Hazards /Hazardous Materials
®
Aesthetics
❑
Air Quality
❑
Noise
❑
Cultural Resources
❑
Agricultural /Forestry Resources
❑
Greenhouse Gas Emissions
❑
Recreation
❑
Mandatory Findings of
Significance
Determination (To be completed by the Lead Agency):
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will ❑
not be a significant effect in this case as revisions in the project have been made by or agreed to by
the project proponent and /or mitigation has been agreed to. A MITIGATED NEGATIVE
DECLARATION will be prepared.
find that the proposed project MAY have a significant effect on the environment, -and an ❑
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed MAY have a "potentially significant impact' or "potentially significant unless ❑
mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because ❑
all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
Date
City of Poway
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C. EIS and Checklist
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POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
Would 1. AESTHETICS. the
project:
a. Have a substantial adverse
effect on a scenic vista?
X
b. Substantially damage scenic
resources, including, but not
limited to, trees, rock
outcroppings, and historic
X
buildings within a state scenic
highway?
c. Substantially degrade the
existing visual character or
X
quality of the site and its
surroundings?
d. Create a new source of
substantial light or glare
which would adversely affect
day or nighttime views in the
X
area?
Ill. AGRICULTURAL AND
FORESTRY-RESOURCES.
In determining whether
impacts to agricultural
resources are significant
environmental effects, lead
agencies may refer to the
California Agricultural Land
Evaluation and Site
Assessment Model (1997)
prepared by the California
Department of Conservation
as an optional model to use in
assessing impacts on
agriculture and farmland. In
determining whether impacts
to forest resources, including
timberland, are significant
environmental effects, lead
agencies may refer to
information compiled by the
California Department of
Forestry and Fire Protection
regarding the state's
inventory of forest land,
including the Forest and
Range Assessment Project
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POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
and the Forest Legacy
Assessment project; and
forest carbon measurement
methodology provided in
Forest Protocols adopted by
the California Air Resources
Board. Would the project:
a. Convert prime farmland,
unique farmland, or farmland
of statewide importance
(farmland), as shown on the
maps prepared pursuant to
X
the Farmland Mapping and
Monitoring Program of the
California Resources Agency,
to non-agricultural use?
b. Conflict with existing zoning
for agricultural use, or a
X
Williamson Act contract?
c. Conflict with existing zoning
for, or cause rezoning of,
forest land (as defined in
Public Resources Code
section 12220(8)), timberland
(as defined by Public
X
Resources Code section
4526), or timberland zoned
Timberland Production (as
defined by Government Code
section 51104(g))?
d. Result in the loss of
forestland or conversion of
X
forestland to non - forest land?
e. Involve other changes in the
existing environment, which,
due to their location or nature,
could result in conversion of
farmland to non - agricultural
use or conversion of forest
land to non - forest use?
X
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POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
Ill. AIR QUALITY.
available, the significance
- _• -• by -
applicable air quality
management or pollution
control district may be relied
upon to make the following
determinations. • • the
project:
a. Conflict with or obstruct
implementation of the
X
applicable air quality Ian?
b. Violate any air quality
standard or contribute
X
substantially to an existing or
projected air quality violation?
c. Result in a cumulatively
considerable net increase of
any criteria pollutant for which
the project region is non -
attainment under an
applicable federal or state
X
ambient air quality standard
(including releasing
emissions which exceed
quantitative thresholds for
ozone precursors)?
d. Expose sensitive receptors to
substantial pollutant
X
concentrations?
e. Create objectionable odors
affecting a substantial number
X
of people?
BIOLOGICAL RESOURCES.
Would the project:
a. Have a substantial adverse
effect, either directly or
through habitat modifications,
on any species identified as a
candidate, sensitive, or
special status species in local
X
or regional plans, policies, or
regulations, or by the
California Department of Fish
and Game or U.S. Fish and
Wildlife Service?
b. Have a substantial adverse
effect on any riparian habitat
X
or other sensitive natural
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POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
community identified in local
or regional plans, policies,
regulations, or by the
California Department of Fish
and Game or U.S. Fish and
Wildlife Service?
c. Have a substantial adverse
effect on federally protected
wetlands as defined by
Section 404 of the Clean
Water Act (including, but not
X
limited to, marsh, vernal pool,
coastal, etc.) through direct
removal, filing, hydrological
interruption, or other means?
d. Interfere substantially with the
movement of any native
resident or migratory fish or
wildlife species or with
X
established native resident
migratory wildlife corridors, or
impede the use of native
wildlife nurser sites?
e. Conflict with any local policies
or ordinances protecting
biological resources, such as
X
a tree preservation policy or
ordinance?
f. Conflict with the provisions of
an adopted Habitat
Conservation Plan, Natural
Community Conservation
X
Plan, or other approved local,
regional or state habitat
conservation Ian?
V. CULTURAL RESOURCES.
Would - Project:
a. Cause a substantial adverse
change in the significance of
X
a historical resource as
defined in Section 15064.5?
b. Cause a substantial adverse
change in the significance of
X
an archaeological resource
pursuant to Section 15064.5?
c. Directly or indirectly destroy a
unique paleontological
X
resource or site or unique
geologic feature?
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POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
d. Disturb any human remains,
including those interred
X
outside of formal cemeteries?
GEOLOGY AND SOILS.
Would the project:
a. Expose people or structures
to potential substantial
adverse effects, including the
X
risk of loss, injury or death
involving:
i) Rupture of a known
earthquake fault, as
delineated on the most recent
Alquist - Priolo Earthquake
Fault Zoning Map issued by
the State Geologist for the
X
area or based on other
substantial evidence of a
known fault? Refer to
Division of Mines and
Geology Special Publication
42.
ii) Strong seismic ground
X
shaking?
iii) Seismic - related ground
X
failure, including liquefaction?
iv Landslides?
X
b. Result in substantial soil
X
erosion or the loss of topsoil?
c. Be located on a geologic unit
or soil that is unstable, or that
would become unstable as a
result of the project, and
X
potentially result in on- or
offsite landslide, lateral
spreading, subsidence,
liquefaction or collapse?
d. Be located on expansive soil,
as defined in Table 18 -1 -B of
the Uniform Building Code
X
(1994), creating substantial
risk to life or property?
e. Have soils incapable of
adequately supporting the
use of septic tanks or
alternative wastewater
X
disposal systems where
sewers are not available for
the disposal of wastewater?
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POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
VILGREENHOUSE
EMISSIONS. • • the
project:
a. Generate greenhouse gas
emissions, either directly or
indirectly, that may have a
X
significant impact on the
environment?
b. Conflict with an applicable
plan, policy or regulation
adopted for the purpose of
X
reducing the emissions of
greenhouse gases?
VIII.HAZARDS AND
HAZARDOUS
Would the
project
a. Create a significant hazard to
the public or the environment
through the routine transport,
X
use, or disposal of hazardous
materials?
b. Create a significant hazard to
the public or the environment
through reasonable
foreseeable upset and
X
accident conditions involving
the release of hazardous
materials into the
environment?
c. Emit hazardous emissions or
handle hazardous or acutely
hazardous materials,
X
substances or waste within
one - quarter mile of an
existing or proposed school?
d. Be located on a site which is
included on a list of
hazardous materials sites
compiled pursuant to
Government Code Section
X
65962.5 and, as a result,
would it create a significant
hazard to the public or the
environment?
e. For a project located within
an airport land use plan or,
where such a plan has not
X
been adopted, within two
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POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
miles of a public airport or
public use airport, would the
project result in a safety
hazard for people residing or
working within the project
area
f. For a project in the vicinity of
_
a private airstrip, would the
project result in a safety
X
hazard for people residing or
working in the project area?
g. Impair implementation of, or
physically interfere with, an
adopted emergency response
X
plan or emergency
evacuation Ian?
h. Expose people or structures
to a significant risk of loss,
injury or death involving
wildland fires, including where
X
wildlands are adjacent to
urbanized areas or where
residences are intermixed
with wildlands?
HYDROLOGY
QUALITY. . . the project:
a. Violate any water quality
standards or waste discharge
X
requirements?
b. Substantially deplete
groundwater supplies or
interfere substantially with
groundwater recharge such
that there would be a net
deficit in aquifer volume or a
lowering of the local
groundwater table lever (e.g.,
X
the production rate of pre-
existing nearby wells would
drop to a level, which would
not support existing land uses
or planned uses for which
permits have been granted.
c. Substantially alter the existing
drainage pattern of the site or
area, including through the
X
alteration of the course of a
stream or river, in a manner
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73 of 102 10 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
which would result in
substantial erosion or siltation
on- or offsite?
d. Substantially alter the existing
drainage pattern of the site or
area, including through the
alteration of the course of a
stream or river, or
X
substantially increase the rate
or amount of surface runoff in
a manner which would result
in flooding on- or offsite?
e. Create or contribute runoff
water which would exceed
the capacity of existing or
planned stormwater drainage
X
systems or provide
substantial additional sources
of pollutant runoff?
f. Otherwise substantially
degrade water quality?
X
g. Place housing within a 100 -
year flood hazard area as
mapped on a Federal Flood
Hazard boundary or Flood
X
Insurance Rate Map or other
flood hazard delineation
map?
h. Place within a 100 -year flood
hazard area structures which
X
would impede or redirect
flood flows?
i. Exposing people or structures
to a significant risk of loss,
injury or death involving
X
flooding, including flooding
as a result of the failure of a
levee or dam?
j. Inundation by seiche,
tsunami, or mudflow?
X
X. LAND USE AND PLANNING.
Would the project:
a. Physically divide an
established community?
X
b. Conflict with applicable land
use plan, policy, or regulation
X
of an agency with jurisdiction
over the project (including,
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74 of 102 11 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
but not limited to, the general
plan, specific plan, local
coastal program, or zoning
ordinance) adopted for the
purpose of avoiding or
mitigating an environmental
effect?
c. Conflict with any applicable
habitat conservation plan or
X
natural community
conservation plan.
RESOURCES. X1. MINERAL
Would the project:
a. Result in the loss of
availability of a known
mineral resource that would
X
be of future value to the
region and the residents of
the State?
b. Result in the loss of
availability of a locally -
important mineral resource
X
recovery site delineated on a
local general plan, specific
plan or other land use plan?
NOISE. Would the project
a. Exposure of persons to, or
generation of, noise levels in
excess of standards
established in the local
X
general plan or noise
ordinance, or applicable
standards of other agencies?
b. Exposure of persons to, or
generation of, excessive
X
ground borne vibration or
round borne noise levels?
c. A substantial permanent
increase in ambient noise
levels in the project vicinity
X
above levels existing without
the project?
d. A substantial temporary or
periodic increase in ambient
noise levels in the project
vicinity above levels existing
without the project?
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75 of 102 12 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
e. For a project located within an
airport land use plan or,
where such a plan has not
been adopted, within two
miles of a public airport or
X
public use airport, would the
project expose people
residing or working in the
project area to excessive
noise levels?
f. For a project within the
vicinity of a private airstrip,
would the project expose
X
people residing or working in
the project area to excessive
noise levels?
XIII.POPULATION
HOUSING.
Would the project:
a. Induce substantial growth in
an area either directly (for
example, by proposing new
homes and businesses) or
X
indirectly (for example,
through extension of roads or
other infrastructure)?
b. Displace substantial numbers
of existing housing,
necessitating the construction
X
of replacement housing
elsewhere?
c. Displace substantial numbers
of people, necessitating the
X
construction of replacement
housing elsewhere?
XIV. PUBLIC SERVICES.
a. Would the project result in
substantial adverse physical
impacts associated with the
provision of new or physically
altered governmental
facilities, need for new or
physically altered
X
governmental facilities, the
construction of which could
cause significant
environmental impacts, in
order to maintain acceptable
service ratios, response times
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POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
or other performance
objectives for any of the
public services.
i. Fire protection?
X
ii. Police protection?
X
iii. Schools?
X
iv. Parks?
X
v. Other public facilities?
X
RECREATION.
a. Would the project increase
the use of existing
neighborhood and regional
parks or other recreational
X
facilities such that substantial
physical deterioration of the
facility would occur or be
accelerated?
b. Does the project include
recreational facilities or
require the construction or
expansion of recreational
X
facilities which might have an
adverse physical effect on the
environment?
TRANSPORTATION
TRAFFIC
Would project-
a. Conflict with an applicable
plan, ordinance or policy
establishing measures of
effectiveness for the
performance of the circulation
system, taking into account
all modes of transportation,
including mass transit and
X
non - motorized travel and
relevant components of the
circulation system, including,
but not limited to,
intersections, streets,
highways and freeways,
pedestrian and bicycle paths,
and mass transit?
b. Conflict with an applicable
congestion management
program, including, but not
X
limited to, level of service
standards and travel demand
measures, or other standards
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77 of 102 14 August 5, 2014 Item # 3.2
POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
established by the county
congestion management
agency for designated roads
or highways?
c. Result in a change in air
traffic patterns, including
either an increase in traffic
X
levels or a change in location
that results in substantial
safety risks?
d. Substantially increase
hazards due to a design
feature (e.g., sharp curves or
X
dangerous intersections) or
incompatible uses (e.g., farm
e ui ment )?
e. Result in inadequate
X
emergency access?
f. Conflict with adopted policies,
plans or programs regarding
public transit, bicycle or
pedestrian facilities, or
X
otherwise decrease the
performance or safety of such
facilities?
XVII. UTILITIES AND SERVICE
Would the
project:
a. Exceed wastewater treatment
requirements of the
X
applicable Regional Water
Quality Control Board?
b. Require or result in the
construction of new water or
wastewater treatment
facilities or expansion of
X
existing facilities, the
construction of which could
cause significant
environmental effects?
c. Require or result in the
construction of new
stormwater drainage facilities
or expansion of existing
X
facilities, the construction of
which could cause significant
environmental effects?
d. Have sufficient water supplies
X
available to serve the project
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POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
from existing entitlements and
resources, or are new or
expanded entitlements
needed?
e. Result in the determination by
the wastewater treatment
provider, which serves or may
serve the project, that it has
adequate capacity to serve
X
the project's projected
demand in addition to the
provider's existing
commitments?
f. Be served by a landfill with
sufficient permitted capacity
X
to accommodate the project's
solid waste disposal needs?
g. Comply with federal, state
and local statutes and
X
regulations related to solid
waste?
MANDATORY FINDING
•
a. Does the project have the
potential to degrade the
quality of the environment,
substantially reduce the
habitat of a fish or wildlife
species, cause a fish or
wildlife population to drop
below self- sustaining levels,
X
threaten to eliminate a plant
or animal community, reduce
the number or restrict the
range of a rare or endangered
plant or animal, or eliminate
important examples or the
major periods of California
history or prehistory'?
b. Does the project have
impacts that are individually
limited, but cumulatively
considerable? ( "Cumulative
considerable" means that the
incremental effects of a
project are considerable when
viewed in connection with the
effects of past projects, the
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D. DISCUSSION OF ENVIRONMENTAL EVALUATION
Please refer to the Environmental Initial Study Checklist Form above when reading the following
evaluation.
AESTHETICS
a) Less Than Significant Impact. ZOA 14 -002 pertains to the establishment /update of zoning
regulations for amateur radio antenna installations in residential areas. Amateur radio
antenna installations are currently allowable accessory uses in residential areas up to a height
of 35 feet with the approval of a discretionary permit. Under current regulations antenna
installations over 35 feet in height would be considered by the City Council through the
Variance process. ZOA 14 -002 would modify current regulations to allow an antenna
installation, which is up to 35 feet in height and in compliance with specified regulations, with
only a building permit; or an antenna installation, which is over 35 feet up to 65 feet in height
and in compliance with specified regulations, with a Minor Antenna Permit that would include
notice to properties within a 500 foot radius of the site. The regulations include a prohibition of
antenna installations in the front and street side yard setback areas established by the
underlying zoning district and a limit of one antenna installation per property. The potential for
aesthetic impact is considered to be less than significant since amateur radio antennas are
accessory to a residential use and will be subject to the height, setback, and number
restrictions. An Antenna Permit will be required for an antenna installation over 65 feet in
height, more than one antenna installation per property, and /or an antenna installation that
does not comply with specified standards. The Antenna Permit is a discretionary permit that
would be acted on by the City Council at a public hearing. Antenna Permits would be subject
to further environmental review.
b) Less Than Significant Impact. See Response I.a above.
c) Less Than Significant Impact. See Response I.a above.
d) No Impact. ZOA 14 -002 includes no requirements for lighting. No impact would occur.
AGRICULTURE AND FOREST RESOURCES
a) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not result in the
conversion of Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-
agricultural uses. No impact would occur.
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POTENTIALLY
ISSUE
POTENTIALLY
SIGNIFICANT
LESS THAN
SIGNIFICANT
UNLESS
SIGNIFICANT
NOIMPACT
IMPACT
MITIGATION
IMPACT
INCORPORATED
effects of other current
projects, and the effects of
X
probable future projects)?
c. Does the project have
environmental effects which
will cause substantial adverse
X
effects on human beings
either directly or indirectly?
D. DISCUSSION OF ENVIRONMENTAL EVALUATION
Please refer to the Environmental Initial Study Checklist Form above when reading the following
evaluation.
AESTHETICS
a) Less Than Significant Impact. ZOA 14 -002 pertains to the establishment /update of zoning
regulations for amateur radio antenna installations in residential areas. Amateur radio
antenna installations are currently allowable accessory uses in residential areas up to a height
of 35 feet with the approval of a discretionary permit. Under current regulations antenna
installations over 35 feet in height would be considered by the City Council through the
Variance process. ZOA 14 -002 would modify current regulations to allow an antenna
installation, which is up to 35 feet in height and in compliance with specified regulations, with
only a building permit; or an antenna installation, which is over 35 feet up to 65 feet in height
and in compliance with specified regulations, with a Minor Antenna Permit that would include
notice to properties within a 500 foot radius of the site. The regulations include a prohibition of
antenna installations in the front and street side yard setback areas established by the
underlying zoning district and a limit of one antenna installation per property. The potential for
aesthetic impact is considered to be less than significant since amateur radio antennas are
accessory to a residential use and will be subject to the height, setback, and number
restrictions. An Antenna Permit will be required for an antenna installation over 65 feet in
height, more than one antenna installation per property, and /or an antenna installation that
does not comply with specified standards. The Antenna Permit is a discretionary permit that
would be acted on by the City Council at a public hearing. Antenna Permits would be subject
to further environmental review.
b) Less Than Significant Impact. See Response I.a above.
c) Less Than Significant Impact. See Response I.a above.
d) No Impact. ZOA 14 -002 includes no requirements for lighting. No impact would occur.
AGRICULTURE AND FOREST RESOURCES
a) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not result in the
conversion of Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-
agricultural uses. No impact would occur.
79 of 102 16 August 5, 2014 Item # 3.2
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b) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and does not change zoning to
preclude agriculture where its permissible under current zoning. No impact would occur.
c) No Impact. The City has no forestland or timberland as defined in the California Government
Code. No impact would occur.
d) No Impact. See response Il.c above.
e) No Impact. See response Il.a above.
III. AIR QUALITY
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations do not emit
air pollutants. No impacts would occur.
b) No Impact. See response Ill.a above.
c) No Impact. See response Ill.a above.
d) No Impact. See response Ill.a above.
e) No Impact. See response Ill.a above.
IV. BIOLOGICAL RESOURCES
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Establishment of accessory uses
on residential lots are subject to the requirements of, and are covered by the Poway Subarea
Habitat Conservation Plan. No impact would occur.
b)
No Impact.
See response IV above.
c)
No Impact.
See response IV above.
d)
No Impact.
See response IV above.
e)
No Impact.
See response IV above.
f) No Impact. See response IV above.
V. CULTURAL RESOURCES
a) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Establishment of antenna
installations will involve minimal, if any, earth disturbing activity. No impact would occur.
b) No Impact. See response V.a above.
c) No Impact. See response V.a above.
d) No Impact. See response V.a above.
80 of 102 i 17 August 5, 2014 Item # 3.2
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VI. GEOLOGY /SOILS
a i) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Establishment of antenna
installations that .require a Building Permit will be required to comply with California Building
Code. No impacts will occur.
a ii) No Impact. See response VI.a.i above.
a iii) No Impact. See response VI.a.i above.
a iv) No Impact. See response VI.a.i above.
b) No Impact. See response V.a above.
c) No Impact. See response V.a above.
d) No Impact. See response VI.a.i above.
e) No Impact. See response V.a above.
VII. GREENHOUSE GAS EMISSIONS
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna .installations do not emit
air pollutants. No impacts would occur.
b) No Impact. See response Vll.a above.
VIII. HAZARDS & HAZARDOUS MATERIALS
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations do not emit
or otherwise utilize hazardous substances. No impact would occur.
b) No Impact. See response Vlll.a above.
c) No Impact. See response Vlll.a above.
d) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. No residential zoned property is
on established lists of hazardous waste sites. No impact would occur.
e) No Impact. The City of Poway is not near an airport. No impact would occur.
f) No Impact. See Item Vlll.e above.
g) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and will not impact emergency
evacuation plans. No impact would occur.
h) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and will not expose the public to
increased wildland fire risk. No impact would occur.
81 of 102 18 August 5, 2014 Item # 3.2
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IX. HYDROLOGYNVATER QUALITY
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations do no emit
pollutants and will not result in decreased water quality in the area. No impact would occur.
b) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and will not create a need for
ground water or otherwise effect groundwater. No impact would occur.
c) No Impact. See response VI.a.i above.
d) No Impact. See response VI.a.i above.
e) No Impact. See response IX.a above. Additionally, the establishment of an antenna
installation will result in minimal, if any, runoff.
f) No Impact. See response IX.e above.
g) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and will not cause the placement
of housing within flood prone areas. No impact would occur.
h) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations, as well as
any other type of development, is not permitted within floodways. No impact would occur.
i) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations will not
expose the public to increased risk of flooding. No impact would occur.
j) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations will not
expose the public to increased risk of tsunami or mudflows. No impact would occur.
X. LAND USE /PLANNING
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations will not
physically divide the City. No impact would occur.
b) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations will not
conflict with the environmental policies and strategies of the General Plan. No impact would
occur.
c) No Impact. See response IV above.
XI. MINERAL RESOURCES
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Antenna installations in
developed residential areas will not result in the loss of availability of a known valuable
mineral resource. No impact would occur.
82 of 102 19 August 5, 2014 Item # 3.2
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b) No Impact. See response to Item XI.a.
XII. NOISE
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Except for minimal noise that
may be generated during construction, antenna installations will not generate noise. No
impact would occur.
b) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas. Only minimal ground vibration
may occur during construction of antenna installations. No impact would occur.
c) No Impact. See response Xll.a above.
d) No Impact. See response Xll.a above.
e) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not place housing in an
area effected by airport noise. No impact would occur.
f) No Impact. See response Xll.e above.
XIII. POPULATION /HOUSING
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not cause urban
growth. No impact would occur.
b) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not displace housing.
No impact would occur.
c) No Impact. See Item Xlll.b.
XIV. PUBLIC SERVICES
a) Fire Protection. No Impact. ZOA 14 -002 is the establishment/update of zoning regulations
for amateur radio antenna installations as accessory uses in residential areas and would not
effect fire services. No impact would occur.
Police Protection. No Impact. ZOA 14 -002 is the establishment /update of zoning
regulations for amateur radio antenna installations as accessory uses in residential areas and
would not effect police services. No impact would occur.
Schools. No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for
amateur radio antenna installations as accessory uses in residential areas and would not
impact school systems. No impact would occur.
Parks. No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for
amateur radio antenna installations as accessory uses in residential areas and would not
impact parks or City recreation programs. No impact would occur.
83 of 102 20 August 5, 2014 Item # 3.2
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Other Public Facilities. No Impact. ZOA 14 -002 is the establishment /update of zoning
regulations for amateur radio antenna installations as accessory uses in residential areas and
would effect any other City services or facilities. No impact would occur.
XV. RECREATION
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not impact regional
parks or other regional recreation facilities. No impact would occur.
b) No Impact. See Item XV.a. No impact would occur.
XVI. TRANSPORTATION/TRAFFIC
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not cause traffic or
alter transportation systems. No impact would occur.
b) No Impact. See response XVI.a above.
c) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not alter air traffic
patterns. No impact would occur.
d) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not increase
transportation hazards. No impact would occur.
e) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not effect emergency
access. No impact would occur.
f) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not conflict with
policies regarding the use of alternative transportation modes and those systems. No impact
would occur.
XVII. UTILITIES /SERVICE SYSTEMS
a) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not cause increases in,
or otherwise effect, wastewater. No impact would occur.
b) No Impact. See response XVll.a above.
c) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not cause a need for
expanded stormwater drainage facilities. No impact would occur.
d) No Impact. ZOA 14 -002 is the establishment/update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not cause an increase
in water demand. No impact would occur.
e) No Impact. See response XVll.a above.
84 of 102 21 August 5, 2014 Item # 3.2
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f) No Impact. ZOA 14 -002 is the establishment /update of zoning regulations for amateur radio
antenna installations as accessory uses in residential areas and would not cause an increase
in solid waste disposal needs. No impact would occur.
g) No Impact. See response XVll.f above.
XVIII. MANDATORY FINDING OF SIGNIFICANCE:
a) No Impact. The project will not have an impact on habitat communities, wildlife, or cultural
resources. See responses IV.a and V.a above.
b) No Impact. The project, considered cumulatively with past and future projects, will not result in
impacts. The project, as well as past projects and future projects, has or will comply with the
land use and density limitations of the City's General Plan. Infrastructure and services per the
General Plan are in place or are planned and will be provided to accommodate future growth.
c) Less Than Significant Impact. The project will not have environmental effects that will cause
substantial adverse effects on human beings. See response I.a above.
85 of 102 22 August 5, 2014 Item # 3.2
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
AMENDING THE MASTER FEE SCHEDULE
TO ADD PROCESSING FEES FOR A MINOR ANTENNA PERMIT,
ANTENNA PERMIT, AND RELATED APPEALS AND RE- HEARINGS
WHEREAS, on May 4, 2010, the City Council adopted a Master Fee Schedule;
and
WHEREAS, California Government Code Section 66016, et seq., establishes
procedures for the adoption of fees for services provided by local government; and
WHEREAS, Zoning Ordinance Amendment 14 -002 establishes a requirement for
the processing and approval of a Minor Antenna Permit or an Antenna Permit for certain
types of amateur radio antenna installations; and
. t
WHEREAS, the City Council of the City of Poway wishes to recover a certain
degree of City staff time costs associated with the processing of a Minor Antenna Permit
or an Antenna Permit, and any related appeals or re- hearings of these permits, and also
wishes to reasonably accommodate amateur radio antenna installations by minimizing
the cost of a Minor Antenna Permit, Antenna Permit, and related appeals and re-
hearings; and
WHEREAS, the City Council recognizes that amateur radio operators serve a
valuable public service in time of emergency by providing an inexpensive and reliable
network of communication for the City and the public when other communication
resources could be overwhelmed or otherwise unavailable.
WHEREAS, on August 5, 2014, the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council finds that this amendment to the Master Fee Schedule is
exempt from the requirements of the California Environmental Quality Act (CEQA),
pursuant to Section 15061(b)(3) OF the CEQA Guidelines in that it can be found with
certainty that establishment of processing fees will not result in an effect on the
environment.
Section 2: The City Council hereby modifies the Master Fee Schedule as shown in
Exhibit A.
86 of 102 ATTACHMENT J August 5, 2014 Item # 3.2
Resolution No. 14-
Page 2
Section 3: The fees shown in Exhibit A shall become effective 60 days from the date
of this Resolution.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 5th day of August 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 14- was duly adopted by the City Council
at a meeting of said City Council held on the 5th day of August 2014, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
87 of 102 August 5, 2014 Item # 3.2
Exhibit A
Service Description
Fee
Minor Development Review* (continued)
Remodeling, alteration, or addition of commercial or industrial
buildings of less than 10,000 square feet or 25% of the existing
$
1,622
building square footage, whichever is less*
Modification to a commercial or industrial approval*
$
823
Second dwelling unit*
$
823
Utility box (Without another land use permit)*
$
756
Telecommunications facility*
$
743
Minor AmateuF Radio Antenna Permit *
$--fig
$
480
A aate� Radie Antenna Permit* ' p t9 35 foot in heigh4
NAG $
1,300
Modification, unless otherwise indicated*
$
264
Time Extension, unless otherwise indicated
$
160
Variance
Without another land use permit*
$
799
Concurrent with another land use permit*
$
319
Specific Plan
Initiation of Specific Plan
$
479
Specific Plan
$
5,000
Deposit, full cost recovery
Specific Plan Amendment
$
2,875
General Plan and Zoning Ordinance
Pre - General Plan Amendment (PGPA)
$
479
General Plan Amendment (GPA)
$
1,917
Zone Change (ZC) Amendment to land use map
$
1,917
GPA and ZC
$
5,000
Deposit, full cost recovery
Zoning Ordinance Amendment (text change)
$"
6,000
Deposit, full cost recovery
Development Agreement
Not in conjunction with a project
$
5,000
Deposit, full cost recovery
In conjunction with a project
$
3,000
Deposit, full cost recovery
Modification to existing agreement
$
2,000
Deposit, full cost recovery
Annexation
$
5,000
Deposit, full cost recovery
Signs
Sign Permit*
$
72
Comprehensive Sign Program (CSP)*
$
573
Modification to CSP*
$
430
Miscellaneous Permits & Activities
Home Occupation Permit*
$
115
Home Occupation Permit Renewal
$
20
Administrative Outdoor Display Permit*
$
221
Temporary Use Permit (TUP)
City Council Approval*
$
466
All other TUPs*
$
172
Landscape Plan Check & Inspection
on 11
-068)
Tree Removal Permit*
$
102
Administrative Remedy Letter
$
294
Appeals to City Council or Project Rehearing
$
765
Appeals to City Council or Project Rehearing
for Temporary Use Permit and Comprehensive
Sign Program
$
100
Resolution 11 -037
Appeal for Minor Antenna Permit or Rehearing for Antenna Permit
550
Appeals for Wildfire Defensible Space Program
$
200
88 of 102 August 5, 2014 Item # 3.2
Notice of an Application
for an Amateur Radio Antenna Installation
Date:
Dear Neighbor:
This is to notify you that a Building Permit application has
been submitted to the City of Poway for the construction of
an amateur radio antenna installation on the property
located at
The enclosed site plan indicates the location of the
installation.
Construction is anticipated to begin on
(Optional) If you would Like to discuss the construction
project please contact me.
Name:
Phone Number:
You may also review the plans for this project and obtain
additional information at the City of Poway, Development
Services Department, Planning Division, 13325 Civic
Center Drive, Poway, California. Phone Number: (858)
668 -4600
89 of 102 ATTACHMENT K August 5, 2014 Item # 3.2
Jason Martin
From:
Bob Manis
Sent:
Monday, May 12, 2014 8:17 AM
To:
Jason Martin
Subject:
FW: Please act on Staff Option A for Amateur Radio Service Antenna ordinance
From: Carol Legg
Sent: Monday, May 12, 2014 8:07 AM
To: Tina White; Bob Manis
Subject: FW: Please act on Staff Option A for Amateur Radio Service Antenna ordinance
FYI - Dave responded to Assi Friedman on Saturday and Assi replied to Dave on Sunday.
From: Assi Friedman fmailto:assi @kiloxray.coml
Sent: Sunday, May 11, 2014 1:00 PM
To: Dave Grosch
Subject: RE: Please act on Staff Option A for Amateur Radio Service Antenna ordinance
Councilmember Grosch:
Thanks for getting back to me. During the Council's discussion, it appeared that initially the Council was in favor of going
for ministerial approval up to 65' (i.e. option A). But then, Councilmember Cunningham changed course by
recommending 35' for neighbor notification and some sort of a discretionary process as a result. Now, there was some
confusion at that point of the discussion amongst pretty much everyone. We'll wait to hear what Staff comes up with.
Thank you for the response. As a resident that tries to remain somewhat involved, I appreciate hearing back from
council and staff Assi
Happy Mother's Day!
Friedman
Poway, CA
From: Dave Grosch f mailto:DGrosch @poway.org]
Sent: Sunday, May 11, 2014 8:15 AM
To: Assi Friedman
Subject: Re: Please act on Staff Option A for Amateur Radio Service Antenna ordinance
Thanks for your e-mail. From my perspective the issue is not the 65ft issue, we have agreed to increase from 35 ft to 65
ft. And that is a very big departure by the City of Poway. What I am struggling with is how to inform the neighbors
when a 65 ft tower goes up next to their house. And then when they are informed, then what happens.
We are making progress, but perhaps not as fast as some want us. I want to make sure we take into consideration the
rights of all, the applicant and their neighbors. The next time we meet we will pass this ordinance. Perhaps we should
come back in year to evaluate the ordinance. We have done this on past ordinances.
Dave Grosch
Sent from my iPad
90 of 102 ATTACHMENT L I August 5, 2014 Item # 3.2
On May 10, 2014, at 8:51 PM, "Assi Friedman" <a_ssi@kiloxray.com> wrote:
Dear Mayor Higginson & City Council:
Thank you for holding a workshop on 5/6 regarding Amateur Radio Service Antenna
ordinance. A productive public discussion is crucial to maintaining the uniqueness of the City of
Poway, and maintaining a balance between all the stakeholders.
I would like to recommend that the Council move forward and develop ordinance based on
Staffs Option A that was presented at the City Council meeting on May 6. The Poway City
Attorney was very explicit on several points:
1) He maintains that City of Poway is not compliant with Federal law regarding reasonable
accommodation for license operators in the Amateur Radio Service. The City Attorney
mentioned that this was the finding of his predecessor, and that his position is one and the
same.
2) Based on Councilmember's Vaus question, the City Attorney stated that he estimates the
probability for winning a lawsuit based on lack of compliance to be 5 %.
3) At numerous points during the City Council discussion, the City Attorney was asked about
the height threshold and he repeatedly stated that he does not feel that a 35' threshold
would achieve compliance with the reasonable accommodation requirement of PRB -1. As a
result, he did not feel it is legally defendable. The City Attorney also noted that the 65'
threshold is much more defendable.
The public discussion has gone on for 9 years now. Precious resources have been expended,
and if we don't act on this in a timely and appropriate manner, it will cost taxpayers much more
money. I would like to encourage you to move promptly on adopting Staff "Option A" as model
City Ordinance to vote on.
Thank you
Assi Friedman
Poway, CA
91 of 102 2 August 5, 2014 Item # 3.2
Jason Martin
From: Bob Manis
Sent: Thursday, May 08,2014 10.47 AM
To: Jason Martin
Subject: FW: Ham Radio Antennae
From: Carol Legg
Sent: Thursday, May.08, 2014 8:47 AM
To: D Higginson UPS Store; Dave Grosch -home; Don Higginson (don_higginson @yahoo.com); Jim Cunningham -Home;
John Mullin -home; Steve Vaus -Home
Cc: Tina White; Bob Manis; Sheila Cobian; Rosa Martinez
Subject: FW: Ham Radio Antennae
From: Victor Bums [mailto:victorC&vbums.coml
Sent: Thursday, May 08, 2014 8:47 AM
To: Don Higginson; Dave Grosch; Jim Cunningham; John Mullin; Steve Vaus
Subject: Ham Radio Antennae
Dear Councilmembers Higginson, Grosh, Cunningham, Mullin and Vaus: -
It appears that a lot of what you have been discussing and worrying about is way over the top and
focused on the wrong 'thing." Look at cities like Newport Beach, CA and Encinitas, CA that have 100' no
questions asked policy on amateur radio antennae and others that have spent hundreds of thousands of
dollars of taxpayers to fight a losing battle.
Think back just a little bit. It was just a few short decades ago we did not have satellite or cable
television and *every* house had a television aerial antenna on the roof. I agree that when every
neighbor has one it can be very unsightly and even more so when every one of them is just above the
rooftop (as you propose now with our 35' height restriction) Even more so that these little masts
everyone used to install had eight (8) to maybe twenty four (24) or sometimes more guy wires that were
the truly unsightly part of the whole installation.
One thing about modern towers or heavy duty collapsible masts used in Amateur Radio is that most
installation are "Free Standing - they in fact in most cases have no guy wires! This is actually preferred
by most installations but not necessarily all.
A careful aesthetic consideration is the following: keep in mind when you look on the horizon under
nearly all circumstances you never really look up towards the sky at a steep angle. This is one huge
consideration for allowing taller antennae fixtures (towers) if the argument is one of aesthetics.
Picture houses that are 15 -25' feet tall and an antenna ordnance forces it to be at just 35' That really
is bad news for the aesthetic sightlines of the community. Now consider a freestanding tower that is
92 of 102 1 August 5, 2014 Item # 3.2
say 65' or even 95' in the air. It totally disappears from the sightlines. The antenna is further away
and looks smaller too. In my case, at one of my residences, it was far better for my uphill neighbors for
me to install a 100'+ tower which got my antennae way above the horizon sightline view to the ocean and
sunset. The far better choice for the "neighborhood" was 100' tall mast /tower than having the entire
installation at say 35'- even more so when house i2 34' tall to begin with..
In addition, overall performance,is really not that great at 35' and add to that a HUGE increase is
potential Radio Frequency Interference (RFI) at lower antenna installation elevations: It's just bad
policy to restrict Amateur Radio Antennae to 35' and that will cause more aesthetic issues than taller
towers would in your city.
Utilizing a taller antenna structure (above 35') - say something like 65 -95' (and maybe even taller to
accommodate commercially available options / solutions including required mast assemblies etc.) as a
starting point will:
• Enhance overall community aesthetics - the higher they are in the sky, the steeper the sight
angle to even see it
• Enhance the aesthetics in the immediate neighborhood (close neighbors within several houses or
hundreds of feet) - Even more dramatic than above
• The taller tower makes the overall installation look smaller as the antennae is further away. i.e.
we all know everything looks far smaller at 95' than at 25'
• Effectiveness of communications is greatly enhanced for both emergency, and casual usage
• Interference to other non - compliant devices is greatly reduced by the cube'root of the distance
from the antennae - One problem today is many of the cheap electronics are not built robust like
the used to be - many do not even meet current standards - but that does not change the fact .
that RFI occurs and could be troublesome to someone who owns these non - compliant devices. It's
just plain better for the neighborhood not to be fighting about RFI occurrences because The City
forced the antenna installer to keep the antenna too low to the ground.
The City could also encourage, but not mandate, towers that can be raised when in use if you think that
is a better idea? Frankly having a 90' tower retracted to 25' or 35' when not in use defeats some of my
argument above, but if that what people are incorrectly worried about it's not my problem. I think at 95'
there are several manufactures options and a lower (which accounts for a mast section at the top etc.)
giving several valid installation options. Most would install something smaller anyway. In addition, you
might find that people can adjust (retract or maybe even raise) the antenna height voluntarily to
accommodate a neighbor preference when not in use? Or simply not have the installation at the exact
same elevation all the time. Also it could be encouraged to install "free standing" towers when possible
which gets rid of the guy wires.
I have thirty years of experience in "radio" installations professionally and privately and while a 35'
mounting for an HF antenna works, it is just not anywhere near optimal and opens a lot of other issues
like far worse aesthetics for the neighborhood, severely reduced performance and a higher potential for
neighborhood interference (RFI)
Do the right thing: get off the sticking point of the bantered around height limit of 35' and really
consider what greater negative impact The City mandated height restriction of 35' will do for your
93 of 102 2 August 5, 2014 Item # 3.2
neighborhood aesthetics. You might really want to argue that the minimum height be something like 55'
and that "towers between 55' -99' require no further permitting process" to encourage the better
aesthetics of higher structures and less sightline interference.
'Be well,
N
Victor V. Burns
AR5 KI6IM / V31DX / 8P9IW
+1760.672.8767 M (Best) 1 +1760.814.18010
victor@vburns.com
94 of 102 3 August 5, 2014 Item # 3.2
Jason Martin
From:
Bob Manis '
Sent:
Wednesday, May 07,2014 11:17 AM
To:
Jason Martin
Subject:
FW: NO to high Ham Antennas
From: Carol Legg
Sent: Wednesday, May 07, 2014 8:51 AM
To: D Higginson UPS Store; Dave Grosch -home; Don Higginson (don higginsonc&yahoo.com); Jim Cunningham -Home,
John Mullin -home; Steve Vaus -Home
Cc: Tina White; Bob Manis; agendadocs resource; Sheila Cobian; Rosa Martinez
Subject: FW: NO to high Ham Antennas
From: luckyhappyw@gmail.com fmailtoauckyhappmCagmail.coml On Behalf Of Gayle Wieder
Sent: Wednesday, May 07, 2014 8:50 AM
To: Jim Cunningham; Dave Grosch; Don Higginson; John Mullin; Steve Vaus
Subject: NO to high Ham Antennas
This is to register a NO vote, as a Poway resident, for height increase for ham antennas
95 of 102 1 August 5, 2014 Item # 3.2
Jason Martin
From: Bob Manis
Sent: Wednesday, May 07,2014 11:17 AM
To: Jason Martin
Subject: FW: Ham radio towers
From: Carol Legg
Sent: Wednesday, May 07, 2014 8:44 AM
To: D Higginson UPS Store; Dave Grosch -home; Don Higginson (don higginsonC@yahoocoml; Jim Cunningham -Home;
John Mullin -home; Steve Vaus -Home
Cc: Tina White; Bob Manis; agendadocs resource; Sheila Cobian; Rosa Martinez
Subject: FW: Ham radio towers
From: Jim Hansen fmailto:iimhansenlOgmail.coml
Sent: Wednesday, May 07, 2014 8:34 AM
To: Don Higginson; Dave Grosch; Jim Cunningham; John Mullin; Steve Vaus
Subject: Ham radio towers
No rabid, highly organized, special interest group should
be allowed to arrive en masse to browbeat and threaten
you while the 47,000 citizens you represent receive no
notice of the proceedings.
If you wonder about property value impacts, survey Poway
realtors and appraisers.
If you are uncertain about your actual legal position, hire
an outside legal expert to render an opinion.
If you wonder about the impacts of 65 foot towers hovering
over the homes of the citizens who elected you, place this
matter on the ballot.
Thank you,
Jim & Maureen Hansen
96 of 102 1 August 5, 2014 Item # 3.2
Jason Martin
From: Bob Manis
Sent: Tuesday, May 06, 2014 2:06 PM
To: Jason Martin
Subject: FW: PHS Robotics concern: May 6, 2014 City Council Workshop on Amateur Radio
Antenna Regulations
From: Carol Legg
Sent: Tuesday, May 06, 2014 2:04 PM
To: D Higginson UPS Store; Dave Grosch -home; Don Higginson (don higginson@yahoo.com); Jim Cunningham -Home;
John Mullin- home; Steve Vaus -Home
Cc: Tina White; Bob Manis; agendadocs resource; Sheila Cobian; Rosa Martinez
Subject: FW: PHS Robotics concern: May 6, 2014 City Coundl Workshop on Amateur Radio Antenna Regulations
From: Dohm, Rodger rmailto:rdohm(a@powayusd.com]
Sent: Tuesday, May 06, 2014 1:54 PM
To: cityderk
Cc: Don Higginson; Dave Grosch; Jim Cunningham; John Mullin; Steve Vaus
Subject: PHS Robotics concern: May 6, 2014 City Council Workshop on Amateur Radio Antenna Regulations
Dear Council members,
It has been brought to our attention that Poway is holding a meeting regarding regulations on amateur, and more
specifically, HAM radio, tonight, at 6:00 PM. The Robotics Team, when founded at Poway High, had a HAM radio that was
somewhat iconic to the students. Part of our foundation comes from these devices, and certain individuals within the
Poway community are looking to impede upon amateur radio rights within the city. These individuals claim to be
representing the whole of Poway, but in truth are only a vocal minority.
In order to prevent regulations against HAM radios that will impede upon the community, I strongly encourage the Poway
City council to comply with Federal and California state law concerning amateur radio.antenna permits.
It has been suggested by those in favor of HAM radios in Poway for the the council agenda report for
the May 6, 2014 City Council Workshop on Amateur Radio Antenna Regulations to finish the draft
ordinance, selecting Option A of the option matrix included in the agenda report with the following
detailed implementation:
1. Allow a single main antenna structure up to 65' in height to be installed without discretionary review after the
applicant applies for a building permit and notifies all adjacent property owners and residents.
2. Where an applicant has an odd shaped lot, or other situation where a single main antenna structure cannot be
installed within the constraints of the City building code, the application should be subject to a Minor
Antenna Permit (MAP) process. The City should work with the applicant to find an appropriate
location for the antenna structure. Placement may be in the front yard or setbacks. The application
should be referred to the City Council where staff and the applicant cannot find an agreeable
location.
97 of 102 1 August 5, 2014 Item # 3.2
3. Where an applicant needs or desires to exceed 65', the applicant should be subject to the Antenna Permit (AP)
process. If the height is needed to achieve effective communications, staff may ask for a supporting
study. The City should work with the applicant and neighbors to find the ideal location for the antenna
structure. Final approval should be by the City Council.
4. Where an applicant needs or desires an additional main antenna structure, the applicant should be subject to the
Antenna Permit (AP) process. If the additional structure is needed to achieve effective
communications, staff may request a supporting study. The City should work with the applicant and neighbors
to find the ideal location for the antenna structure. Final approval should be by the City Council.
5. Minor antennas should not be subject to a discretionary review, but they must conform to the California Building
code (CBC).
6. Thin wire antennas and guy wires should be allowed anywhere on the property, including setbacks.
The Poway Robotics team is also concerned with the safety of each Poway resident. HAM radios are also used during an
emergency when all other forms of communications are down. We feel that it is vital for the city to support the HAM radio
effort. Essentially, it is in the best interest of every Poway citizen.
Sincerely,
Rodger Dohm
Poway High School Robotics Team Advisor
rdohm@Powayusd.com
(858) 748 -0245 x.5307
98 of 102 2 August 5, 2014 Item # 3.2
Jason Martin
From:
Bob Manis
Sent
Monday, May 19, 2014 9:20 AM
To:
Jason Martin
Subject:
FW: Proposed ham antenna ordinance
From: Carol Legg
Sent: Monday, May 19, 2014 7:46 AM
To: D Higginson UPS Store; Dave Grosch -home; Don Higginson (don higginson (ftahoo.com); Jim Cunningham -Home;
John Mullin- home;. Steve Vaus -Home
Cc: Tina White; Bob Manis
Subject: FW: Proposed ham antenna ordinance
From: Jerry and Pam Smith rmailto :igsmith220sbcglobal.net)
Sent: Friday, May 16, 2014 5:14 PM
To: Don Higginson; John Mullin; Jim Cunningham; Dave Grosch; Steve Vaus
Subject: Proposed ham antenna ordinance.
Council Members:
This message addresses the editorial in yesterday's News- Chieftain regarding the radio antenna ordnance currently
under your consideration. We are in favor of the position apparently supported by Members Higginson, Cunningham
and Grosch that requires public notice of application, neighborhood input and a means of neighborhood appeal for
antennas 36-65+ feet in height. We can only assume the editorial board of the News - Chieftain is comprised of ham
radio operators or is otherwise in the political pocket of this well - organized minority group of Poway and regional radio
hobbyists. The News - Chieftain is certainly not representing the great majority of Poway homeowners that do not
themselves wish to have these unsightly 65 +' steel towers in their yards or in those of nearby neighbors. Please
consider your entire Poway constituency in your decision rather than only the desires of a vocal minority.
Thank you all for your consideration of this difficult issue before you.
Jerry and Pam Smith
17004 Surrey Hills Court
99 of 102 1 August 5, 2014 Item # 3.2
Jason Martin
From: Howard Groveman <groveman @cox.net>
Sent: Thursday, May 22, 201411.42 AM
To: Jim Cunningham
Cc: Dave Grosch; Don Hi.gginson; John Mullin; Steve Vaus; Tina White; Morgan Foley
(mfoley @mcdougallove.com); Bob Manis; Jason Martin
Subject: Feedback on Ham Antennas as per your Chieftain Editorial request
Ref: Your request for Feedback on Ham Antennas as per your Chieftain Editorial
Hi Jim,
I fully understand that you are trying to be fair and impartial regarding the antenna issue. You and your son ran
over to my old house on High Valley with a generator during the Poway fires in 2007 and I didn't know you
from Adam. That speaks volumes about you and your family and I will never forget the kindness.
But I disagree with your editorial today as well as'with your comments at the last Amateur Antenna.
Workshop. Let me explain.
You may not see it this way, but I feel that both the City Attorney and the hams have given the Council a gift
here. I would appreciate it if you would just think about the following.
The law is the law. The City Attorney stated point blank that a ministerial process would keep
you out of court. I say that this was a "gift" because the five comcil members could have hung
their hat on the law uniformly. It is the law after all. Why employ a City Attorney if not to advise
you and perhaps keep you out of court? Jim, I feel that your statements at the City Council
meeting inadvertently usurped the City Attorney's opinion and authority.
The hams have swallowed hard and said that if you give us 65 feet under a ministerial process, we
would close ranks and basically NOT support any antennas over 65 feet amongst our members
(barring some very well defined, extraordinary exception). At this point I don't foresee any
exceptions. The hams would also be stating that a more severe discretionary process IS INDEED
FAIR for antennas over 65 feet in our community. You would have the hams on your side if any
ham was imprudent enough to apply for such an antenna. You could consider me a solid City
resource in such an event and I would state that "up to 65" feet is the acceptable standard for
hams in our town.
The proposed 35 -65 feet discretionary process is cumbersome as well as illegal. It is asking for lots
of trouble for EVERYONE involved. It would empower neighbors to feel that they can legally
fight an antenna which they think is ugly (the law be damned). It would also make the City Staff
a needless referee in what could easily turn into a big legal battle. City Council escalation would
then be even more contentious than the two ham workshops you have already witnessed. And
whether the Council then sided with the neighbor(s) or the ham, I think that the City Attorney will
tell you that the resulting VERY EXPENSIVE legal conflagration will come down to THE LAW -
WHICH HE HAS ALREADY CLEARLY APPRISED YOU OF.
Antenna location, given the "no frontyard rules" and other aerial setback parameters in the
planned ordinance is really not "negotiable" in the end. Even though I have well over an acre,
there are three potential antenna structure locations that would pass muster for me. In the middle
of my tennis court, at the 4 foot mark in my pool and at the spot I have picked!
100 of 102 1 August 5, 2014 Item # 3.2
So please find a way to make the ordinance ministerial to 65 feet with the ham having to verify that he has
notified and discussed the proposed antenna with contiguous neighbors. I have done so with all my neighbors
and there is nothing better than a neighbor notifying a neighbor and explaining the need. Want to open a can of
worms? Send the neighbors a formal letter from the City with the impression that they can FIGHT FIGHT
FIGHT.
Finally, have you considered how many 65 foot antenna applications you might see in Poway? Oceanside
passed its ordinance in 2010 and they have had only one application! I predict two or three permit applications
for up to 65 feet the first year (due to Poway's past repressive antenna policies). And then no more than one a
year which might match the attrition rate. This really is NOT a big issue as you contend. But it easily could be
if your ?35 -65 foot compromise with discretion? comes to pass.
All the best,
Howard Groveman
16738 Calle Corta
Poway, CA 92064
cell 858- 204 -2322
101 of 102
Jason Martin
From:
Jason Martin
Sent:
Tuesday, May 27, 2014 5:25 PM
To:
Jason Martin
Subject:
FW: Phone message re Antenna regulations
From: Carol Legg
Sent: Tuesday, May 06, 2014 4:43 PM
To: D Higginson UPS Store; Dave Grosch -home; Don Higginson (don higginson@yahoo.com); Jim Cunningham -Home;
John Mullin -home; Steve Vaus -Home
Cc: Tina White; Bob Manis; agendadocs resource; Sheila Cobian; Rosa Martinez
Subject: Phone message re Antenna regulations
Mayor and Councilmembers:
I just took a phone call from a Poway resident who wants to voice her opinion on tonight's
workshop item. She indicated she prefers not to use email as it isn't reliable for her.
Elizabeth Schock, 858- 618 -1884
16636 Maverick Court
Poway, CA 92064
Ms. Schock stated to me that she is very much opposed to raising the allowable heights. She
feels that even 35' is extreme and that 65' would be very unwelcome. In fact, she says she
wishes they could all just use one centralized antenna so that there wouldn't be numerous
antennas throughout the City.
I advised her that her opinion will be included as part of the public record, although received
too late to be posted on the website until tomorrow. But I promised her you would all be
informed of her phone call before tonight's meeting is called to order.
Carol
102 of 102 1 August 5, 2014 Item # 3.2