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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 August 5, 2014 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? 32 of 102 11 August 5, 2014 Item # 3.2 EIS and Checklist EA 14- 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 33 of 102 12 August 5, 2014 Item # 3.2 EIS and Checklist EA 14- 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 34 of 102 13 August 5, 2014 Item # 3.2 EIS and Checklist EA 14- 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? 35 of 102 14 August 5, 2014 Item # 3.2 EIS and Checklist EA 14- 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? 36 of 102 15 August 5, 2014 Item # 3.2 EIS and Checklist EA 14- 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 37 of 102 16 August 5, 2014 Item # 3.2 EIS and Checklist EA 14- 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. 38 of 102 17 August 5, 2014 Item # 3.2 EIS and Checklist EA 14- 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. 39 of 102 18 August 5, 2014 Item # 3.2 EIS and Checklist EA 14- 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. 40 of 102 19 August 5, 2014 Item # 3.2 EIS and Checklist EA 14- 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. 41 of 102 20 August 5, 2014 Item # 3.2 EIS and Checklist EA 14- 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. 42 of 102 21 August 5, 2014 Item # 3.2 EIS and Checklist EA 14- 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 64 of 102 1 August 5, 2014 Item # 3.2 EIS and Checklist 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 65 of 102 2 August 5, 2014 Item # 3.2 EIS and Checklist C. EIS and Checklist 66 of 102 3 August 5, 2014 Item # 3.2 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 66 of 102 3 August 5, 2014 Item # 3.2 EIS and Checklist 67 of 102 4 August 5, 2014 Item # 3.2 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 67 of 102 4 August 5, 2014 Item # 3.2 EIS and Checklist 68 of 102 5 August 5, 2014 Item # 3.2 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 68 of 102 5 August 5, 2014 Item # 3.2 EIS and Checklist 69 of 102 6 August 5, 2014 Item # 3.2 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? 69 of 102 6 August 5, 2014 Item # 3.2 EIS and Checklist 70 of 102 7 August 5, 2014 Item # 3.2 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? 70 of 102 7 August 5, 2014 Item # 3.2 EIS and Checklist 71 of 102 8 August 5, 2014 Item # 3.2 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 71 of 102 8 August 5, 2014 Item # 3.2 EIS and Checklist 72 of 102 9 August 5, 2014 Item # 3.2 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 72 of 102 9 August 5, 2014 Item # 3.2 EIS and Checklist 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, 73 of 102 10 August 5, 2014 Item # 3.2 EIS and Checklist 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? 74 of 102 11 August 5, 2014 Item # 3.2 EIS and Checklist 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 75 of 102 12 August 5, 2014 Item # 3.2 EIS and Checklist 76 of 102 13 August 5, 2014 Item # 3.2 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 76 of 102 13 August 5, 2014 Item # 3.2 EIS and Checklist 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 77 of 102 14 August 5, 2014 Item # 3.2 EIS and Checklist 78 of 102 15 August 5, 2014 Item # 3.2 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 78 of 102 15 August 5, 2014 Item # 3.2 EIS and Checklist 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 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 EIS and Checklist 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 EIS and Checklist 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 EIS and Checklist 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 EIS and Checklist 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 EIS and Checklist 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 EIS and Checklist 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