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Item 10 - 2nd Reading & Adoption of Ord No. 848, SPA19-002 to the SPSP Allowing Wireless Comm Facilities with Max Height of 90ft with CUPOctober 19, 2021, Item #10 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway October 19, 2021 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk C(J (858) 668-4535 or cgallagher@poway.org CITY COUNCIL Second Reading and Adoption of Ordinance No. 848 entitled "An Ordinance of the City Council of the City of Poway, California, Approving Specific Plan Amendment 19-002 to the South Poway Specific Plan to Allow Wireless Communication Facilities to Have a Maximum Height of 90 Feet as a Conditionally Permitted Use" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on October 5, 2021. There was one speaker. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Recommended Action: MULLIN, FRANK, LEONARD GROSCH, VAUS NONE NONE NONE It is recommended that the City Council adopt Ordinance No. 848. Environmental Review: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. A visual study was submitted to analyze 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 Negative Declaration (ND) has been prepared. Staff recommends that the City Council adopt the ND and approve the project because there are no significant impacts. The ND is included as Exhibit A of the Resolution provided as Attachment A to this report. 1 of 5 October 19, 2021, Item #10 A Notice of Availability of the EIS and ND for public review and comment was provided pursuant to the requirements of CEQA. As of the writing of this report, no comments have been received. Any comments that are received will be provided to City Council prior to the public hearing on this matter. Fiscal Impact: None. Public Notification: A notice for public hearing was published in the Poway News Chieftain on Thursday, August 12, 2021. A public notice was mailed to property owners and occupants located withing the SPSP area and within 500 feet of the boundaries of the SPSP area. An ordinance summary notice was published in the same publication on Thursday, October 14, 2021. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A. Ordinance No. 848 Reviewed/ Approved By: Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager October 19, 2021, Item #10 ORDINANCE NO. 848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 19-002 TO THE SOUTH POWAY SPECIFIC PLAN TO ALLOW WIRELESS COMMUNICATION FACILITIES TO HAVE A MAXIMUM HEIGHT OF 90 FEET AS A CONDITIONALLY PERMITTED USE WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code provides the requirements for the initiation, preparation, and adoption of Specific Plans in accordance with Section 65450, et seq. of the California Government Code (Article 8, Specific Plan); WHEREAS, Specific Plan Amendment (SPA) 19-002, is a proposal to allow wireless communication facilities (WCF) to have a maximum height of 90 feet as a conditional use. It is proposed in association with Conditional Use Permit (CUP) 19-002, which consists of a proposal to allow a WCF consisting of an 85.5-foot-high steel monopole and equipment cabinet on a 5.37-acre lot at 13875 Kirkham Way; WHEREAS, on September 7, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both in favor 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; and 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) and a proposed Negative Declaration (ND) have been prepared for SPA 19-002. A study was submitted related 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. Any anticipated impacts were determined to be below a level of significance and, therefore, do not require any mitigation. A Notice of the Availability of the EIS and proposed ND for public review and comment was provided pursuant to the requirements of CEQA. SECTION 3: The City Council hereby approves this Ordinance (SPA 19-002), in association with CUP 19-002, and amends certain sections of the SPSP as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. 3 of 5 ATTACHMENT A October 19, 2021, Item #10 SECTION 4: Chapter 4, Section IV, Subsection A, Item 3 (g) of the SPSP Volume 2 shall be added as follows: 3. Height [Excerpt only] g. The maximum height of a monopole or other freestanding wireless communications facility shall not exceed 90 feet. Monopoles shall only be considered when structures such as buildings, streetlights, and public water tanks are unsuitable. A site justification letter shall be submitted to justify the need or requirement for the proposed monopole location and design. The applicant shall use all reasonable means to conceal or minimize the visual impacts of the monopole. The monopole shall be architecturally integrated with existing structures and/or screened from view as much as practical. Telecommunication facilities shall avoid scenic areas, prominent vistas, open space areas, mountains, hillsides and prominent ridgelines to the largest extent feasible. Collocation shall be encouraged to the largest extent feasible. SECTION 5: Chapter 4, Section IV, Subsection B, Item 3 (f) of the SPSP Volume 2 shall be amended as follows: 3. Height [Excerpt only] g. The maximum height of a monopole or other freestanding wireless communications facility shall not exceed 90 feet. Monopoles shall only be considered when structures such as buildings, streetlights, and public water tanks are unsuitable. A site justification letter shall be submitted to justify the need or requirement for the proposed monopole location and design. The applicant shall use all reasonable means to conceal or minimize the visual impacts of the monopole. The monopole shall be architecturally integrated with existing structures and/or screened from view as much as practical. Telecommunication facilities shall avoid scenic areas, prominent vistas, open space areas, mountains, hillsides and prominent ridgelines to the largest extent feasible. Collocation shall be encouraged to the largest extent feasible. SECTION 6: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 7: This Ordinance shall be codified. SECTION 8: All references to the Government Code are inclusive of any amendments that may occur following adoption of this Ordinance. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified 4 ofS October 19, 2021, Item #10 copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 5th day of October, 2021, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 19th day of October, 2021, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 5 ATTACHMENT A