Res 20-088RESOLUTION NO. 20-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT (CUP) 20-003; FOR THE MODIFICATION OF AN
EXISTING WIRELESS COMMUNICATION FACILITY AT POWAY
HIGH SCHOOL LOCATED AT 15500 ESPOLA
ROAD;ASSESSOR'S PARCEL NUMBER 278-450-27
WHEREAS, Conditional Use Permit (CUP) 20-003 submitted by Infinigy (Applicant), on
behalf of T -Mobile and Poway Unified School District (Owner), requests to modify a wireless
communication facility (WCF) at Poway High School's football/soccer field (field) located at 15500
Espola Road in the Public Facilities (PF) zone. The modification consists of relocating three
antennas from an existing 100 -foot tall stadium light pole onto a recently installed 90 -foot tall
stadium light pole and installing six additional antennas onto the 90 -foot tall light pole at the field;
WHEREAS, on July 22, 1999, the Development Services Director approved Minor
Development Review Application (MDRA) 99-79 for the installation of a wireless communication
facility consisting of six antennas installed on a 100 -foot tall stadium light pole and the installation
of a radio equipment cabinet at Poway High School's field;
WHEREAS, on November 17, 2020, 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, including attachments, and has considered other evidence presented at the public
hearing; and
WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting
a CUP;
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, pursuant to Section 15303(d) of the
CEQA Guidelines, which exempts small facilities where only minor modifications are made to the
exterior of the structure. The project involves the installation of telecommunication facilities on an
existing athletic field stadium light pole, which will provide a utility extension to serve the
surrounding areas.
SECTION 2: The findings for CUP 20-003, in accordance with Section 17.48.070 of the
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 WCF are in accordance with the title and purpose of PMC
Chapter 17.48 (CUP Regulations), the General Plan, and the development policies and
standards of the City, including, but not limited to, the City Wireless Communications
Policy in that the modified WCF will be located on an existing athletic field light pole and
the antennas will be mounted underneath the light source and are similar in materials and
style to the light pole and a nearby WCF operated by Verizon. No visual impacts to the
community are anticipated.
B. The location, size, design, and operating characteristics of the proposed WCF will be
compatible with, and will not adversely affect or be materially detrimental to, adjacent
uses, residents, buildings, structures, or natural resources in that the modified WCF will
be relocated on an existing athletic field light pole and the antennas will be mounted
underneath the light source. The use will comply with Federal Communications
Commission (FCC) design and operational standards.
C. The modified WCF is in harmony with the scale, bulk, coverage, and density of, and is
consistent with, adjacent uses in that the WCF will be relocated on an existing athletic field
light pole and the antennas will be mounted underneath the light source and are similar in
materials and style to the light pole and a nearby WCF operated by Verizon.
D. There are adequate public facilities, services, and utilities available at the subject site to
serve the proposed WCF.
E. There will not be a harmful effect upon the desirable neighborhood characteristics in that
the modified WCF will be relocated on an existing athletic field light pole and the antennas
will be mounted underneath the light source compatible with surrounding light poles and
a nearby WCF and the WCF 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
modified WCF 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 modified WCF will be located on an existing athletic field light pole and the facility
will enhance telecommunications coverage in the City with no significant visual impacts.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the modified WCF will be relocated on an existing athletic field light pole
and does not involve the removal of natural habitat resources.
There are no relevant negative impacts associated with the proposed modified WCF that
cannot be mitigated in that the facility will comply with FCC design and operational
standards.
J. That the potential impacts, and the proposed location, size, design, and operating
characteristics of the modified WCF will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary
to the adopted General Plan in that the modified WCF will be relocated to an existing
athletic field light pole and the antennas will be mounted underneath the light source, and
will comply with FCC design and operational standards.
K. The proposed modified WCF will comply with all the applicable provisions of PMC Title 17
(Zoning Ordinance), in that the facility is a conditionally permitted use and 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 20-003 relocating three antennas
onto a 90 -foot tall stadium light pole and installing six additional antennas at 15500 Espola Road
in the Public Facilities (PF) zone, as shown on the approved plans incorporated herein by
reference and stamped as "Exhibit A" and dated November 17, 2020 on file in the Development
Services Department, except as noted 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 stamped as "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 20-003 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 CUP 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 work commencing. Prior to issuance
of a Building Permit, the applicant shall comply with the following:
1. 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 issuance.
2. The site shall be developed in substantial accordance with the approved plans
stamped as "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. 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.
4. The antennas shall not be activated for use until the Building Division conducts a final
inspection of the proposed structures and finals the permit.
5. 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:
1. The site shall be developed in substantial accordance with the approved plans on file
in the Development Services Department stamped as "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.
J. Upon establishment of the modified WCF, pursuant to CUP 20-003, the following shall
apply:
1. 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 the
WCF 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 facility shall be operated in such a manner as to minimize any possible disruption
caused by noise. Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or between the hours of
10:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from
any source exceed the noise standards contained in the PMC.
4. The owner or operator of the WCF shall routinely and regularly inspect the site to
ensure compliance with the standards set forth in this permit.
5. The operator of the WCF shall be strictly liable for interference caused by the WCF
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.
6. The WCF 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 WCF 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.
7. If there is any change in the operating characteristics of the WCF, 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 CUP.
8. 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.
9. The owner of the WCF 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. 20-088
Page 6
SECTION 4: The approval of CUP 20-003 shall expire on November 17, 2022, 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 17th day of November, 2020 by the following vote, to wit:
AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
00
Vaid Pavola$, CMC ' ity Clerk