12-07-2010 - Appeal HearingConditional Use Permit No. 10-10Appl - Item No 14 Attach 8 (2).doc
PLANNING DEPARTMENT STAFF REPORT
CONDITIONAL USE PERMIT NO. 10-10
CATEGORICAL EXEMPTION
APPLICANT: Mike Blackwell for Clearwire
LOCATION: 1030 E. Merced Avenue, Bethel Christian Fellowship Church
I. DESCRIPTION OF APPLICATION
The applicant is requesting the approval of a conditional use permit to allow the installation of a 60-foot tall wireless communications tower that is designed in the shape of a cross
(monocross). Three panel antennas and three parabolic antennas are proposed inside the monocross. The proposed tower and shelter will be located in a landscaped area in front of a
religious facility (Bethel Christian Fellowship). The project is located in the “Single-Family Residential” (R-1) Zone.
The Planning Commission approved Conditional Use Permit No. 10-10 on August 24, 2010. Subsequently, on September 2, 2010, an appeal letter was submitted requesting a hearing before
the City Council. A public hearing was scheduled before the City Council on September 21, 2010. Due to additional information introduced by neighboring residents the item was referred
to the Planning Commission for further review and approval.
II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission choose one of the following options:
Adopt a resolution approving Conditional Use Permit No. 10-10.
Continue this item with direction to the applicant to modify the design of the wireless facility.
III. ENVIRONMENTAL DETERMINATION
Pursuant to Section 15303 of the California Environmental Quality Act (CEQA), the proposed project is considered to be Categorically Exempt (Class 3, New Construction or Conversion of
Small Structures) in that it consists of the installation of a wireless telecommunications facility.
IV. SUMMARY OF DATA
STANDARD
EXISTING
PROPOSED
REQUIRED/ ALLOWED
LOT AREA
2.57 acres
No Change
HEIGHT
Proposed wireless facility/light standard
Antenna Height
60 ft.
60 ft. or 72 ft.
SEPARATION
Existing wireless facility
Wireless Flagpoles at Walmerado Park
2,930 ft.
2,640 ft. or 2,112 ft.
SETBACKS
Proposed wireless facility/monocross
Southerly Property Line (single-family residences)
Easterly Property Line (single-family residences)
Northerly Property Line (single-family residences)
Westerly Property Line (single-family residences)
175 ft.
100 ft.
205 ft.
200 ft.
100 ft.
100 ft.
100 ft.
100 ft.
Surrounding Zoning and Land Use:
North:
“Single-Family Residential” (R-1); single-family houses
East:
“Single-Family Residential” (R-1); single-family houses
South:
“Single-Family Residential” (R-1); single-family houses
West:
“Single-Family Residential” (R-1); single-family houses
Notices of Public Hearing have been mailed to 55 owners and occupants of properties located within 300 feet of the subject site.
V. PROJECT DESCRIPTION AND ANALYSIS
The proposal consists of a conditional use permit to allow the installation of a wireless telecommunication facility designed as a cross (monocross) in the landscape area of an existing
religious facility (Bethel Christian Fellowship). Three panel antennas and three parabolic antennas are proposed inside the monocross. The proposed monocross will be located in the
landscape area on the northeast side of the church property.
The subject property is developed with a church building and a Montessori Academy day care building, a parking lot, and playground. The church building is located in the central portion
of the property and the day care building is located at the rear of lot. The westerly portion of the property is primarily developed with a parking lot. The northeasterly section
of the property is a landscaped lawn area with a few trees. The wireless facility is proposed in the southwest corner of the landscaped lawn. The equipment area is proposed to the
south of the church building adjacent to the parking lot.
The applicant is proposing a 60-foot tall monocross. The monocross is proposed in an area that is currently improved with a concrete slab. The cross member of the monocross would be
27 feet in width and 43 in height. The pole of the monocross has a proposed diameter of 3.5 feet. The antennas would be placed on the inside of the pole and would be located above
the cross member. Although only one carrier is proposed pursuant to this application, the plans indicate that additional antennas could be installed inside the pole below the cross
member. A 10-foot square landscape area is proposed at the base of the monocross.
The project proposes a six-foot tall block wall enclosure to surround the equipment cabinets. Landscaping is proposed on the north and south side of the enclosure. The enclosure is
located less than a foot from the parking lot to the west. On the east side of the enclosure a wrought iron fence will be removed that defines the playground area for the day care.
A condition of approval has been added requiring a landscape plan, including vines on the enclosure, to be submitted for review and approval. In addition, staff has included a condition
allowing staff to work with the applicant to increase the landscape area between the parking lot and enclosure.
The Zoning Code permits the development of wireless telecommunication facilities in the “Single-Family Residential” (R-1) Zone when developed with a permitted nonresidential use and
a conditional use permit is approved for the use. The church site is surrounded by residential properties. The nearest residential property is separated from the monocross by 100
feet.
Additionally, the Wireless Telecommunications section of the Zoning Code also requires that wireless telecommunication facilities be separated by a minimum distance from each other of
one-half mile (2,640 feet). The proposed wireless facility is approximately 2,930 feet away from an existing wireless tower (flagpole) located to the west of the site at Walmerado
Park (northeast corner of Merced Avenue and Walnut Avenue.)
The proposed monocross is different than any previous wireless facility proposal. Staff discussed alternate designs with the applicant, however the applicant requested to move forward
with the monocross design. Alternative designs include a monolithic tower, monopine, or monopalm. The Planning Commission originally reviewed the proposal on August 24, 2010. While
there was discussion regarding alternative design styles, the Commission voted 4-1 to approve. The dissenting vote, Commissioner Stewart, stated his concern that the monocross was
not in proportion to the structures on site. There were no speakers from the neighborhood at that meeting.
Following the public hearing and approval by the Planning Commission, the approval was appealed to the City Council by the owner of the subject property. While the appeal was withdrawn,
the stated reason for the withdrawal was that the applicant and property had agreed to relocate the equipment enclosure. They had approached staff with the concept of relocating the
equipment enclosure to the south of the approved location.
However, the submitted plans continue to show the equipment enclosure in the original location.
VI. STAFF RECOMMENDATION
Staff recommends that the Planning Commission choose one of the following options:
Adopt a resolution approving Conditional Use Permit No. 10-10.
Continue this item with direction to the applicant to modify the design of the wireless facility.
Ron Garcia
Planning Associate
REVIEWED AND APPROVED:
Jeff Anderson, AICP
Acting City Planner
Attachments:
Attachment 1 – Conditional Use Permit (Monocross) Resolution
Attachment 2 – Conditional Use Permit Resolution for Denial
Attachment 3 - Planning Commission Staff Report dated August 24, 2010
Attachment 4 – Planning Commission Minutes dated August 24, 2010
Attachment 5 – Planning Commission Resolution No. 10-5384
Attachment 6 – Withdrawal of Appeal, September 15, 2010
Attachment 7 – Appeal Letter, September 2, 2010
Attachment 8 – Letter of Concern, Mr. And Mrs. Lungstrum, September 14, 2010
Attachment 9 - Letter of Concern, Mr. And Mrs. Venzor, September 14, 2010
Attachment 10 - Letters of Concern (Six Letters)