Res P-19-10RESOLUTION NO. P-19-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 18-012 ASSESSOR'S PARCEL NUMBER 317-225-04
WHEREAS, Conditional Use Permit (CUP) 18-012 submitted by Technology Associates
EC Inc., for Verizon Wireless (Applicant) and Harsch Investment Properties (Owner), requests to
modify an existing wireless antenna facility at 12544 Kirkham Court in the Light Industrial (LI)
Land Use Designation area of the South Poway Specific Plan (SPSP). The modifications consist
of: (1) splitting an existing roof -mounted antenna sector with ten antennas into two sectors with
five antennas each that would exceed six feet in height above the roofline with the south -facing
sector being screened by a parapet, and the north -facing antennas consisting of slim profiled
antennas that are mounted individually to the roof and clad in a 3M Conceal Film (north facing
sector); (2) replacing two antennas in each of the new roof -mounted sectors and existing wall -
mounted sector; (3) adding three roof -mounted remote radio units (RRUs); and (4) adding two
new ground -mounted cabinets and three surge demarcation junction boxes within an existing
equipment enclosure;
WHEREAS, on July 16, 2019, the City Council held a duly advertised public hearing to
solicit comments from the public, both for and against, relative to this application;
WHEREAS, the City Council has read and considered the agenda report for the proposed
project and has considered other evidence presented at the public hearing; and
WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting
a Conditional Use Permit;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as Class 3 Categorical Exemption, Section 15303(d) (a) of the CEQA
Guidelines, as the project involves an installation and replacement of small equipment to an
existing telecommunications facility, which will provide a utility extension to serve the surrounding
areas.
SECTION 2: The findings for CUP 18-012, in accordance with Section 17.48.070 of the
Poway Municipal Code (PMC) (Findings required before granting or altering permit), are made as
follows:
A. The proposed location, size, design, and operating characteristics of the proposed
modification to an existing telecommunications facility are in accordance with the title and
purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the General Plan,
and the development policies and standards of the City, including, but not limited to, City
Wireless Communications Policy in that the facility has been designed and sited such that
it will not result in visual impacts to the surrounding community.
B. The location, size, design, and operating characteristics of the proposed modified
telecommunications facility will be compatible with, and will not adversely affect or be
materially detrimental to, adjacent uses, residents, buildings, structures, or natural
Resolution No. P-19-10
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resources in that the two roof -mounted antenna sectors will be either screened from view
by a parapet (south facing sector) or consist of slim profiled antennas mounted individually
to the roof (north facing sector) such that they will not result in significant visual impacts
to the surrounding community, and the antennas in the third antenna sector are wall -
mounted and will be painted to match the wall. The use will comply with Federal
Communications Commission (FCC) design and operational standards.
C. The proposed modified telecommunications facility is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the antennas will
be located on the roof of an industrial building and will be screened from view by a parapet,
a slim stealth design or be wall -mounted and painted to match the wall to which they are
attached.
D. There are adequate public facilities, services and utilities available at the subject site to
serve the proposed modified telecommunications facility.
E. There will not be a harmful effect upon the desirable surrounding property characteristics
in that the proposed modified telecommunications facility is located on an industrial
building and the facility will comply with FCC design and operational standards.
F. The generation of traffic will not adversely impact the capacity and physical character of
the surrounding streets and/or the Circulation Element of the General Plan in that the
proposed modified telecommunications facility is unmanned and will only require periodic
maintenance, thereby generating minimal traffic.
G. The site is suitable for the type and intensity of use or development that is proposed in
that the facility will be located on an existing industrial building and the facility will enhance
telecommunications coverage in the City.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed modified telecommunications facility is located on an
existing industrial building and does not involve the removal of natural habitat resources.
There are no relevant negative impacts associated with the proposed modified
telecommunications facility that cannot be mitigated in that the facility will comply with FCC
design and operational standards.
That the potential impacts, and the proposed location, size, design, and operating
characteristics of the modified telecommunications facility will not be materially injurious
to properties or improvements in the vicinity, nor be contrary to the adopted General Plan
in that the facility will be located on the roof of an existing industrial building, will be
screened from view by a parapet or of a slim stealth design, or painted to blend in with the
existing building, and will comply with FCC design and operational standards.
K. The proposed modified telecommunications facility will comply with all the applicable
provisions of Chapter 17.48 PMC, in that the facility has been designed and sited such
that it will not result in significant visual impacts, and will comply with FCC design and
operational standards.
SECTION 3: The City Council hereby approves CUP 18-012 to modify an existing
telecommunications antenna facility and to allow antennas to exceed six feet in height above the
Resolution No. P-19-10
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roofline at 12544 Kirkham Court in the LI Land Use Designation area of the SPSP as shown on
the plans stamped Exhibit A dated July 16, 2019 on file with the City and incorporated by reference
as Exhibit A herein, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and
employees from any and all claims, actions, proceedings, damages, judgments, or costs,
including attorney's fees, against the City or its agents, officers, or employees, relating to
the issuance of this permit, including, but not limited to, any action to attack, set aside,
void, challenge, or annul this development approval and any environmental document or
decision. The City may elect to conduct its own defense, participate in its own defense,
or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto, including
without limitation reasonable attorney's fees and costs. In the event of a disagreement
between the City and applicant regarding litigation issues, the City shall have the authority
to control the litigation and make litigation related decisions, including, but not limited to,
settlement or other disposition of the matter. However, the applicant shall not be required
to pay or perform any settlement unless such settlement is approved by applicant.
B. Approval of this CUP request shall apply only to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
ordinances in effect at the time of Building Permit issuance. This CUP approval shall be
in substantial conformance with the approved plans and photo simulations (Exhibit A) with
minor modifications including antenna and equipment enlargements and relocations
permitted by the Development Services Director.
C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the
applicant shall submit in writing that all conditions of approval have been read and
understood; and (2) the property owner shall execute a Covenant Regarding Real
Property. In order for the City to prepare the Covenant the applicant must first submit a
legal description of the subject site.
D. The use conditionally granted by this approval shall not be conducted in such a manner
as to interfere with the reasonable use and enjoyment of surrounding uses.
E. The conditions of CUP 18-012 shall remain in effect for the life of the subject use and shall
run with the land and be binding upon future owners, successors, heirs, and transferees
of the current property owner.
F. The Conditional Use Permit may be subject to annual review, as determined by the
Director of Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the prior year.
G. Prior to start of any work within the public right-of-way or City easement, a Right -of -Way
Permit shall be obtained from the Engineering Division of the Development Services
Department. All appropriate fees shall be paid prior to permit issuance.
H. The applicant shall obtain a Building Permit prior to expanding the facility. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
The applicant shall comply with the latest adopted building and electric codes, and
all other applicable codes and ordinances in effect at the time of Building Permit
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issuance.
2. The site shall be developed in substantial accordance with the approved plans and
photo simulations (Exhibit A) on file in the Development Services Department and
the conditions contained herein. A final inspection from the appropriate City
departments will be required.
3. The building plans shall call out that all existing and proposed wall -mounted
antennas, frame and associated equipment shall be painted to match each other
and the wall background. The antennas and associated framing and equipment
along the south wall shall be painted to match the screen. The antennas along the
north wall shall be clad in 3M Conceal Film.
4. A $3,000 deposit shall be submitted to the Development Services Department to
ensure completion and submittal of the required Confirming Radio Frequency (RF)
Report, as specified in condition of approval J.1 below. The deposit shall also be
used to cover the cost of an independent consultant to review the report, as
determined by the Director of Development Services.
5. The antennas shall not be activated for use until the Building Division conducts a
final inspection of the structure.
6. The Building Permit plans shall include a utility plan that shows the equipment
layout.
Prior to activation of the antennas, the applicant shall comply with the following
The site shall be developed in substantial accordance with the approved plans on
file in the Development Services Department (Exhibit A) and the conditions
contained herein. A final inspection from appropriate City departments will be
required.
2. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to public improvements caused by construction activity from this project.
Upon establishment of the wireless telecommunications facility, pursuant to
CUP 18-012, the following shall apply:
Within 30 days of the commencement of operation of the antennas, the operator
shall submit a report, prepared by a qualified professional, which specifies the
actual RF levels within 500 feet of the facility and includes a statement as to
compliance with the FCC Maximum Possible Exposure (MPE) limit. The format of
this report shall conform to City requirements. The intent of the report is to
measure exposure levels at the location after the facility is in operation and shall
include the cumulative RF levels of all the telecommunications facilities at the
subject site. A report of these measurements, and the engineer's findings with
respect to compliance with MPE limits, shall be submitted to the Director of
Development Services.
If that analysis determines the MPE levels are exceeded, the operator shall cease
operation immediately. Modifications shall be made to the facility and the operator
shall conduct a second confirming RF report of the MPE levels. Full operation of
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the facility shall not be allowed until the Director of Development Services has
determined that the facility is in compliance with Federal guidelines. The City may
conduct an independent verification of the results of the analysis provided by the
operator, at the operator's cost.
Upon demonstration, to the satisfaction of the Development Services Department,
that the telecommunications installation is in compliance with all Federal
Guidelines, any balance remaining from the security deposit shall be refunded to
the applicant, upon written request by the applicant.
2. All facilities and related equipment shall be maintained in good repair. Any
damage from any cause including wear and tear shall be repaired as soon as
reasonably possible so as to minimize occurrences of dangerous conditions or
visual blight.
3. The owner or operator of the facility shall routinely and regularly inspect the site to
ensure compliance with the standards set forth in this permit.
4. The operator of the facility shall be strictly liable for interference caused by the
facility with City telecommunications systems or other public agency emergency
communication systems. The operator shall stop operations and determine the
cause prior to restarting the facility. The operator shall be responsible for all labor
and equipment costs for determining the source of the interference, all costs
associated with eliminating the interference (including, but not limited to, filtering,
installing cavities, installing directional antennas, powering down systems, and
engineering analysis), and all costs arising from third -party claims against the City
attributable to the interference.
5. The telecommunications facility shall not be operated in such a manner that it
poses, either by itself or in combination with other such facilities, a potential threat
to public health. To that end, no facility or combination of facilities shall produce,
at any time, power densities within 500 feet of the facility that exceed the FCC's
MPE limits for electric and magnetic field strength and power densities for
transmitters, or any more restrictive standard subsequently adopted or
promulgated by the City, County, State of California, or the Federal government.
6. If there is any change in the operating characteristics of the facility, a report
pursuant to Condition J.1 of this Resolution shall be submitted to the Director of
Development Services for review and approval. The Director may also require the
operator to prepare an updated RF report, and pay for a third -party review of that
report, as part of any review of this Conditional Use Permit.
7. Any service light(s) shall only be operated when maintenance is being performed
on the equipment. The service light(s) shall be adequately shielded and directed
away from adjacent roadways.
8. The owner of the telecommunications facility shall remove all of the communication
equipment, and associated structures, approved pursuant to this permit within 60
days of ceasing operation of the telecommunications facility.
Resolution No. P-19-10
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SECTION 4: The approval of CUP 18-012 shall expire on July 16, 2021, at 5:00 p.m.,
unless prior to that time, a Building Permit has been issued and construction on the property in
reliance on the CUP approval has commenced.
SECTION 5: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 16th day of July, 2019 by the following vote, to wit:
AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS
HOES: NONE
ASSENT: NONE
DISO ALIFIED:: NONE
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk