Res 21-080RESOLUTION NO. 21-080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION
FOR SPECIFIC PLAN AMENDMENT 19-002 AND CONDITIONAL
USE PERMIT 19-002, A REQUEST TO AMEND THE SOUTH
POWAY SPECIFIC PLAN TO ALLOW FREESTANDING WIRELESS
COMMUNICATION FACILITIES TO HAVE A MAXIMUM HEIGHT OF
90 FEET AS A CONDITIONALLY PERMITTED USE AND TO
ALLOW A WIRELESS COMMUNICATION FACILITY CONSISTING
OF A 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, on July 30, 1985, an Environmental Impact Report (EIR) was prepared and
certified pursuant to the California Environmental Quality Act (CEQA), in conjunction with the
adoption of the South Poway Specific Plan (SPSP), and a Final Subsequent EIR was certified on
July 26, 1988. The SPSP EIR analyzed the potential impacts of the proposed build -out of the
SPSP area in the manner permitted by the Specific Plan;
WHEREAS, an Environmental Initial Study (EIS) was completed for the project, as
required under the California Environmental Quality Act (CEQA). 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 Viejas
Tribal Government responded to a formal project notification to native tribes with influence in the
Poway area and determined that the project site has cultural significance to the Viejas Band of
the Kumeyaay Indians. It was requested that a Kumeyaay cultural monitor be on site for ground
disturbing activities to inform them of any "new developments such as inadvertent discovery of
cultural artifacts, cremation sites, or human remains." The project site is previously developed.
While there has been no evidence presented during Tribal Consultation to indicate that there is a
reasonable possibility of a significant impact, the Conditional Use Permit (CUP) will include a
condition that a Kumeyaay cultural monitor shall be on site during ground disturbing activities.
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 (ND) for public review and
comment was provided pursuant to the requirements of CEQA;
WHEREAS, the City Council considered Specific Plan Amendment (SPA) 19-002 and
CUP 19-002 for a request to amend the SPSP to allow freestanding wireless communication
facilities (WCF) to have a maximum height of 90 feet as a conditionally permitted use and a WCF
consisting of a 85.5-foot high steel monopole and equipment cabinet at 13875 Kirkham Way;
WHEREAS, on September 7, 2021, the City Council held a duly advertised public hearing
to receive testimony from the public, both for and against, relative to this matter;
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; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project, including the attachments, and has considered all other evidence presented at the public
hearing.
Resolution No. 21-080
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: In accordance with the requirements of CEQA, an EIS and a proposed ND
have been prepared for SPA 19-002 and CUP 19-002 involving an amendment to the height
requirements for WCFs in the SPSP and the construction and operation of an 85.5-foot-high steel
WCF at 13875 Kirkham Way. The City Council has considered the EIS and 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 the project will have a significant impact on the
environment. Any anticipated impacts were determined to be below a level of significance and,
therefore, do not require any mitigation. The City Council hereby adopts the ND included as
Exhibit A.
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
ATTEST:
Carrie Gallagher, CMC, City Clerk
Steve Vaus, Mayor
Resolution No. 21-080
A I? VA US, Mayor
BARRY 1,1?ONARD, Deputy Mayor
DAV k G ROSCI 1, Councilmcinbcr
CAYI.IN NK, Councilmcmber
JOI 1N MUI.1,IN, Councilmembcr
CITY OF POWAY
EXHIBIT A
CITY OF POWAY
NEGATIVE DECLARATION
1. Name and Address of Applicant: PlanCom Inc., 302 State Place, Escondido, CA 92029
2. Project Name and Brief Description of Project: Kirkham Wireless Facility; Environmental
Assessment, Specific Plan Amendment (SPA) 19-002 and Conditional Use Permit (CUP) 19-002: A
proposal to amend the South Poway Specific Plan to allow freestanding wireless communication
facilities to have a maximum height of 90 feet as a conditional use. A Conditional Use Permit (CUP)
was also submitted concurrently with the Specific Plan Amendment (SPA) to allow a freestanding
wireless communication facility consisting of an 85.5-foot tall monopole and equipment enclosure that
will allow for co -location of antennas for up to three wireless carriers. The monopole would be
constructed of galvanized steel and treated with an anti -reflective coating. The gray and white antennae
would be situated along steel arms that are configured into three segments that reach outward from the
monopole. The monopole will be setback approximately 96 feet from Kirkham Way. Five pine trees
will be planted in existing landscape planters adjacent to Kirkham Way. Two new equipment cabinets
will be located on new concrete pads and will be screened by a 10-foot-long by 15-foot-wide by eight -
foot -tall block wall just east of the monopole on property located at 13875 Kirkham Way, APN 323-501-
02, with a Light Industrial -Storage land use designation.
3. In accordance with Resolution 83-084 of the City of Poway, implementing the California
Environmental Quality Act of 1970, the City of Poway City Council has found that the above 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: Austin Silva Phone: (858) 668-4658
Attachments:
1. Environmental Initial Study
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789
www.poway.org