Res 14-047 RESOLUTION NO. 14-047
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ADOPTING A NEGATIVE DECLARATION FOR
ZONING ORDINANCE AMENDMENT 14-002
WHEREAS, the City Council seeks to amend by separate Ordinance the Poway
Municipal Code (PMC) by amending Chapters 17.08, 17.18, and 17.20 and adding
Chapter 17.31 pertaining to amateur radio antenna installations in residential areas; and
WHEREAS, Zoning Ordinance Amendment 14-002 establishes regulation and a
requirement for the processing and approval of an Antenna Permit for certain types of
amateur radio antenna installations; and
WHEREAS, federal policies establish a strong federal interest in promoting
amateur communications and it is recognized that there exists a limited preemption in
the regulation of amateur communications by the City; and
WHEREAS, such limited preemption allows the City to adopt its own regulations
which involve matters such as placement, screening, or height of antennas based on
health, safety, or aesthetic considerations so long as the City's regulations reasonably
accommodate amateur communications, and represent the minimum practicable
regulation to accomplish the City's legitimate interests; and
WHEREAS, on August 5, 2014, the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: In accordance with the requirements of the California Environmental Quality
Act (CEQA) an Environmental Initial Study (EIS) and a proposed Negative Declaration
(ND) have been prepared for ZOA 14-002. The City Council has considered the EIS,
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 that the
project will have a significant impact on the environment.
Resolution No. 14-047
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 5th day of August 2014.
Don Higginson, 54: