Ord 848ORDINANCE 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 SPA19-002. 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.
Ordinance No. 848
Page 2
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]
q. 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]
q. 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
Ordinance No. 848
Page 3
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
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: MULLIN, FRANK, LEONARD
NOES: GROSCH, VAUS
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
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Carrie Gallagher, CMC, City/Clerk