Res 21-081RESOLUTION NO. 21-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT (CUP) 19-002 ALLOWING FOR THE CONSTRUCTION
OF A WIRELESS COMMUNICATION FACILITY CONSISTING OF
AN 85.5-FOOT HIGH STEEL MONOPOLE AND EQUIPMENT
CABINET ON A 5.37-ACRE LOT AT 13875 KIRKHAM WAY;
ASSESSOR'S PARCEL NUMBER 323-501-02
WHEREAS, Conditional Use Permit (CUP) 19-002 submitted by PlanCom Inc. (Applicant),
on behalf of T-Mobile, requests to construct and operate a wireless communication facility (WCF)
consisting of an 85.5-foot high steel monopole and equipment cabinet on a 5.37-acre parcel
located at 13875 Kirkham Way in the Light Industrial — Storage (LI-S) land use district of the
SPSP;
WHEREAS, on September 7, 2021, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to this application;
WHEREAS, this matter was continued to a City Council public hearing on October 5, 2021
to have consideration by the entire City Council, and to receive testimony from the public, both
for and against, relative to this matter;
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: As required under the California Environmental Quality Act (CEQA), an
Environmental Initial Study (EIS) was completed for the project. A study was submitted relating
to visual impacts. A letter was sent to the tribal representatives which are traditionally and
culturally affiliated with the geographic area within the City of Poway's jurisdiction. The EIS
determined that the project would not have a significant effect on the environment. A Notice of
the Availability of the EIS and proposed Negative Declaration for public review and comment was
provided pursuant to the requirements of CEQA.
SECTION 2: The City Council finds that CUP 19-002 is consistent with the SPSP,
including the LI-S land use designation and the amendment approved with SPA 19-002.
SECTION 3: The findings for CUP 19-002, 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 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 proposed WCF will be
Resolution No. 21-081
Page 2
located on a property designated for industrial uses and the monopole will have similar
materials and height as the San Diego Gas and Electric transmission pole towers located
approximately 730 feet west of the project site. No significant visual impacts to the
community are anticipated.
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 proposed WCF will
be located in an existing landscape planter on a previously developed property that is
used for vehicle inventory storage with surrounding industrial uses to the west, north, and
east, and open space to the south. The use will comply with Federal Communications
Commission (FCC) design and operational standards.
C. The WCF is in harmony with the scale, bulk, coverage, and density of, and is consistent
with, adjacent uses in that the WCF will be located on a previously developed property
and the monopole will have similar materials and height as the San Diego Gas and Electric
transmission pole towers located approximately 730 feet west of the project site.
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 proposed WCF will be located in an existing landscape planter on a previously
developed property that is used for vehicle inventory storage with surrounding industrial
uses to the west, north, and east, and open space to the south 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
proposed 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 in that the proposed
WCF will be located on a previously developed 5.37-acre lot, meets all development
standards for the LI-S land use district, 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 proposed WCF will be located in an area developed with light
industrial and business park uses, would not adversely affect a scenic vista, damage
scenic resources (including those within state scenic highways), significantly conflict with
regulations governing scenic quality relative to their visual effect or create a new
substantial source of light and glare, and does not involve the removal of natural habitat
resources.
There are no relevant negative impacts associated with the proposed 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 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
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adopted General Plan in that the WCF will be located in an existing landscape planter on
a previously developed property that is used for vehicle inventory storage with surrounding
industrial uses to the west, north, and east, and open space to the south, and will comply
with FCC design and operational standards.
K. The proposed 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 4: The City Council hereby approves CUP 19-002, only upon the above
refenced "effective date," allowing a WCF consisting of an 85.5-foot-high steel monopole and
equipment cabinet at 13875 Kirkham Way in the LI-S land use district of the SPSP, as shown on
the approved plans incorporated herein by reference and stamped as "Exhibit A" and dated
October 5, 2021 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.".
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 19-002 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
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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.
6. An access easement will be required to be recorded prior to building permit.
7. Erosion control shall be installed and maintained by the developer from October 1 to
April 30 annually. The developer shall maintain all erosion control devices throughout
their intended life.
8. A minimum cash security for erosion control is required.
9. The applicant shall pay the storm water pollution inspection fee according to the latest
adopted master fee schedule.
10. Landscape and irrigation on -site shall be provided in accordance with the SPSP and
the Poway Landscape and Irrigation Design Manual. Plans shall be submitted and a
minimum of one staff review shall be completed prior to issuance of a grading permit.
The landscape and irrigation plans shall demonstrate compliance with the City of
Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and all other
applicable standards in effect at the time of landscape and irrigation plan check
submittal. The landscape and irrigation plan submittal is a separate submittal from
other Project plan check submittals, and is made directly to the Planning Division.
Contact the Planning Division for copies of applicable City standards, the landscape
and irrigation plan submittal checklist and the plan review fee worksheet. Landscape
and irrigation plan review fees are required and are the responsibility of the applicant.
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11. Plans for irrigation alterations must be approved by the Department of Environmental
Health (DEH), the City's consulting landscape architect, and City Cross -Connection
Specialist. Irrigation installation must be inspected by the City's consulting landscape
architect and City Cross -Connection Specialist. The existing irrigation system must
be high -lined from a construction meter with backflow device until a successful cross -
connection test is complete. A DEH inspector may be required to witness cross -
connection test. If so, an inspector must be scheduled in advance. There will be fees
from DEH for plan inspection and test observation.
12. A Kumeyaay Cultural Monitor shall be on site during any ground disturbing activities.
If any cultural artifacts, cremations sites, or human remains are inadvertently
discovered, the Viejas Band of Kumeyaay Indians shall be informed.
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 CUP19-002, 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
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Page 6
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.
10. The light standard installed on the monopole shall be in operation during the hours
specified by the Community Services Director. The light standard shall be well -
maintained at all times. Any damages that may occur to the light standard during
maintenance of the WCF shall be the responsibility of the operator of the WCF.
11. The operator of the WCF shall be responsible for maintenance of any landscaping
proposed and approved as part of this CUP.
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Page 7
12. The steel monopole shall maintain the capacity to accommodate a minimum of three
wireless providers (carrier antenna arrays).
13. This CUP shall not become effective until the effective date of Specific Plan
Amendment (SPA) 19-002.
SECTION 4: The approval of CUP19-002 shall expire on October 19, 2023, 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 5th day of October, 2021 by the following vote, to wit:
AYES: MULLIN, FRANK, LEONARD
NOES: GROSCH, VAUS
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, C. ' Clerk