February 7, 2023, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
February 7, 2023
Honorable Mayor and Members of the City Coun~ .I
Robert Manis, Director of Development Services f""\
Austin Silva, Senior Planner f
858-668-4658 or [email protected]
CITY COUNCIL
Conditional Use Permit 22-001, a Request to Construct a Wireless Communications Facility at the Terminus of Cobblestone Creek Road and making the determination that the project is Exempt from the California Environmental Quality Act pursuant to Section 15303(d) of the CEQA Guidelines.
The applicant is requesting a Conditional Use Permit (CUP) to construct a wireless communications facility (WCF), located west of, and adjacent to, 12601 Cobblestone Creek Road, within the Rural Residential A (RR-A) zone. The WCF will be operated by Dish Wireless and will consist of three 12-foot tall steel poles with one panel antenna and two remote radio heads mounted on each pole, and an equipment cabinet mounted on a concrete pad. The project has been designed to comply with the City's development standards.
Recommended Action:
It is recommended the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) approving CUP22-001 for the construction of a wireless communications facility and making the determination that the project is Exempt from the California Environmental Quality Act pursuant to Section 15303(d) of the CEQA Guidelines.
Discussion:
The applicant is Dish Wireless and the property owner is Farley Living Trust. The WCF is proposed on a 4.1-acre property zoned RR-A in the southwestern portion of Poway bordering the City of San Diego as shown on Attachment B. The property currently contains two other WCFs operated by Sprint and Verizon. The Sprint and Verizon WCFs consist of panel antennas mounted on 11 and 12-foot-tall steel poles with associated equipment. The subject property has no dwelling unit on it, but is under the same ownership as the adjacent property located at 12601 Cobblestone Creek Road that is developed with a single-family residence.
1 of 20
February 7, 2023, Item #6
Two of the steel poles will be located on the west side of the access easement (driveway) and the third pole and equipment cabinet will be located on the east side of driveway as indicated in the site plan (Attachment C). The elevations (Attachment D) show the antennas and remote radio heads will be completely covered with radio frequency socks that will match the foliage of the adjacent vegetation.
All of the exposed mounting hardware and cable will be painted a camouflage pattern of browns and greens.
The proposed project is in compliance with the City Wireless Communication Policy in that the proposed project has been designed to visually blend in with the surroundings and therefore would be minimally noticeable to the surrounding development as demonstrated in the photo simulations and photo study (Attachment E). The antennas would draw minimal attention because of the slim profile design and color and texture similar to surrounding earthen materials and landscape. Approval of a CUP is required to operate a WCF in the RR-A zone. The findings for a CUP are provided in Section 2 of the attached Resolution.
Radio Frequency (RF) Report
A Radio Frequency (RF) Report has been prepared, and is included with the application, that demonstrates the proposed facility will operate in compliance with Federal Communications Commission (FCC) standards.
Environmental Review:
The project is exempt from the CEQA. as Class 3 Categorical Exemption, pursuant to Section 15303(d) of the CEQA Guidelines, in that the project involves the installation of a small new telecommunications facility.
Fiscal Impact:
None.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on January 26, 2023. A public notice was mailed to property owners and occupants located within 500 feet of the project site.
Attachments:
A. Resolution
B. Zoning and Location Map
C. Site Plan
D. Elevations
E. Photo Simulations/Photo Study
Reviewed/Approved By:
w':L7ias;;;:::--
Assistant City Manager
2 of 20
Reviewed By:
Alan Fenstermacher
City Attorney
e
City Manager
February 7, 2023, Item #6
RESOLUTION
NO.
23-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
APPROVING
CONDITIONAL
USE
PERMIT
(CUP)
22-001;
FOR
THE
CONSTRUCTION
OF
A
WIRELESS
COMMUNICATIONS
FACILITY
AT
THE
TERMINUS
OF
COBBLESTONE
CREEK
ROAD;
ASSESSOR
PARCEL
NUMBER
316-063-02
WHEREAS
,
Conditional
Use
Permit
(CUP)
22-001
is
a
request
by
Dish
Wireless
(Applicant)
and
the
Farley
Living
Trust
(Owner),
to
construct
a
wireless
communications
facility
(WCF)
on
property
owned
by
the
Farley
Living
Trust,
located
west
of
, and
adjacent
to
, 12601
Cobblestone
Creek
Road,
within
the
Rural
Residential
A
(RR-A)
zone
. The
WCF
will
be
operated
by
Dish
Wireless
and
will
consist
of
three
12-foot-tall
steel
poles
with
one
panel
antenna
and
two
remote
radio
heads
mounted
on
each
pole,
and
an
equipment
cabinet
mounted
on
a
concrete
pad;
WHEREAS,
on
February
7,
2023,
the
City
Council
held
a
duly
advertised
public
hearing
to
solicit
comments
from
the
public
, both
for
and
against,
relative
to
this
application
;
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:
The
project
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA),
as
Class
3 Categorical
Exemption,
pursuant
to
Section
15303(d)
of
the
CEQA
Guidelines,
in
that
the
project
involves
the
installation
of
a
small
new
telecommunications
facility
. SECTION
2:
The
findings,
pursuant
to
Section
17.48.070
of
the
PMC,
to
approve
CUP22-001
to
allow
the
construction
of
a
wireless
telecommunication
facility
, are
made
as
follows: A.
The
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
complies
with
the
development
standards
for
the
RR-A
zone.
The
antennas
and
remote
radio
heads
(RRH)
will
be
mounted
on
steel
poles
and
the
antennas
will
be
covered
with
radio
frequency
socks
that
will
match
the
foliage
of
the
adjacent
vegetation
. The
exposed
mounting
hardware
and
cable
will
be
painted
a
camouflage
pattern
of
browns
and
greens.
No
visual
impacts
to
the
community
are
anticipated.
B.
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,
3 of
20 ATTACHMENT
A
February 7, 2023, Item #6
Resolution
No.
23-
Page
2 people,
buildings,
structures,
or
natural
resources
in
that
the
proposed
WCF
complies
with
the
development
standards
for
the
RR-A
zone.
The
antennas
and
remote
radio
heads
(RRH)
will
be
mounted
on
12-foot-tall
steel
poles
and
the
antennas
will
be
covered
with
radio
frequency
socks
that
will
match
the
foliage
of
the
adjacent
vegetation.
The
exposed
mounting
hardware
and
cable
will
be
painted
a
camouflage pattern
of
browns
and
greens.
The
steel
poles
will
be
of
comparable
height
to
other
WCFs
located
on
the
same
property
.
The
use
will
comply
with
Federal
Communications
Commission
(FCC)
design
and
operational
standards.
C.
The
proposed
WCF
is
in
harmony
with
the
scale,
bulk,
coverage,
and
density
of,
and
is
consistent
with
adjacent
uses
in
that
the
antennas
will
be
mounted
on
12-foot-tall
steel
poles
that
are
below
the
maximum
height allowed
in
the
RR-A
zone
.
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
visually
blend
with
the
surrounding
vegetation
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
will
be
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
that
is
proposed
in
that
the
proposed
WCF
complies
with
all
development
standards
for
the
RR-A
zone
and
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
of
a
property
that
is
developed
with
two
existing
WCFs
and
does
not
involve
the
removal
of
natural
habitat
resources.
I.
There
are
no
relevant
negative
impacts
associated
with
the
proposed
modified
WCF
that
cannot
be
mitigated
in
that
the
facility
will
comply
with
FCC
design
and
operational
standards.
J.
That
the
impacts,
as
described
in
subsections
A
through
I of
this
Section,
and
the
proposed
location,
size,
design,
and
operating
characteristics
of
the
proposed
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
adopted
General
Plan
in
that
the
proposed
WCF
will
meet
all
development
standards
for
the
RR-A
zone,
will
visually
blend
in
with
the
surrounding
vegetation,
and
will
comply
with
FCC
design
and
operational
standards
.
K.
The
proposed
conditional
use
will
comply
with
all
the
applicable
provisions
of
this
Title,
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.
4 of20
February 7, 2023, Item #6
Resolution No. 23-
SECTION 3: The City Council hereby approves CUP22-001, as shown on the approved plans incorporated herein by reference and stamped as "Exhibit A" and dated February 7, 2023 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" with minor modifications including antenna and equipment enlargements and relocations permitted by the Development Services Director.
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 CUP22-001 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. CUP22-001 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 operational concerns that may have been raised during the prior year.
G. 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:
s of20
1. 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.
February 7, 2023, Item #6
Resolution No. 23-
2. 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 1.1 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.
3. The antennas shall not be activated for use until the Building Division conducts a final inspection of the proposed structures and finals the permit.
4. The Building Permit plans shall include a utility plan that shows the equipment layout.
5. All spoil materials from footings and foundations shall be legally disposed of off-site or if the material is to remain onsite, the material shall be placed per the requirements of the City grading ordinance.
6. The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development.
7. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance.
8. The applicant shall pay the stormwater pollution inspection fee and minimum erosion control deposit according to the latest adopted master fee schedule.
9. The applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector.
10. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life.
11. Prior to start of any work within a City-held easement or right-of-way, 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.
12. The Standard Storm Water Quality Management Plan must be completed and submitted prior to building permit issuance.
H. Prior to activation of the antennas, the applicant shall comply with the following:
6 of 20
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. All existing and proposed utilities or extension of utilities required to serve the project February 7, 2023, Item #6
Resolution No. 23-
shall be installed underground. No extension of overhead utilities shall be permitted.
3. All utility services shall be installed and completed by the property owner and inspected and approved by the Engineering Inspector.
4. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval.
5. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector.
6. 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.
I. Upon establishment of the modified WCF, pursuant to CUP22-001, the following shall apply:
7 of 20
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 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.
February 7, 2023, Item #6
Resolution No. 23-
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 1.1 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.
J. The following requirements shall be completed to the satisfaction of the Fire Department:
1. Do not block emergency vehicle access to any building, street, fire hydrant, or fire protection system.
2. Maintain an unobstructed emergency vehicle access way.
3. Secure compressed gas cylinders.
4. Do not store fuels for the purpose of refueling vehicles or equipment.
5. Provide a minimum 3A40BC fire extinguisher during construction. 8 of 20
February 7, 2023, Item #6
Resolution No. 23-
6. A fire department operational permit may be required for Cutting & Welding, LPG, Compressed Gases, Open Flames & Torches, Flammable & Combustible Liquids, if operations like these take place during construction.
SECTION 4: The approval of CUP22-001 shall expire on February 7, 2025 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 7th day of February, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
9 of 20
February 7, 2023, Item #6
10 of 20
Subject Location:
APN 316-063-02
RR-A
City of San Diego
• NORTH
City of Poway
Zoning / Location Map
Item: CUP22-001
0 125 250
ATTACHMENT B
500
Feet
February 7, 2023, Item #6
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SDSAN00063A
12601 COBBLESTONE
CREEK ROAD
POWAY_CA_92064
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12601 COBBLESTONE
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SHEET TITLE
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PROJECT t,1FORMATION
SDSAN00063A
12601 COBBLESTONE
CREEK ROAD
POWA y_cA_92064
SHEET TITLE
ELEVATION, ANTENNA
LAYOUT AND SCHEDULE
SHEET NUMBER
A-2
February 7, 2023, Item #6
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These simulations are intended
to be part of or to replac e the information provided
1/10/2023
SDSAN00063A
12601 Cobblestone Creek Rd.
Poway, CA 92064
di sh wireless.
---'--P roposed _
,< proposed repfac,
otostmutatton of proposed telecommunications site
February 7, 2023, Item #6
These simulations are intended f1
to be part of or to replace the information provided on the canst 1/10/2023
SDSAN00063A
12601 Cobblestone Creek Rd.
Poway, CA 92064
di sh wireless.
- - -- - - - - -- - _& v.~~
Photosimulation of proposed telecommunications site
February 7, 2023, Item #6
dish wireless
21Page
16 of20
· 1. View of Site from Old Pomerado Road
2. Enlarged View of Picture 1. Looking West at Site
February 7, 2023, Item #6
dish wireless_
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17 of2
3. View of site from Francine Terrace/Court
4. Enlarged View of Picture 3. Looking South at Site.
February 7, 2023, Item #6
dish wireless
5. View Southeast from Poway Road
6. View East from Springhurst Drive
February 7, 2023, Item #6
dish
wireless
7. View
East
of
Site
from
Springhurst
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Bridge
8. View
Northeast
from
Springhurst
Drive
February 7, 2023, Item #6
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KEY MAP