Loading...
HomeMy WebLinkAboutReportBACKGROUND REPORT The project site is Sweetwater Heights Park, which is located on the south side of Cagle Street, near its terminus at Plaza Bonita Center Way, in the Open Space zone. The park contains playground equipment and a sand area near the southwest corner, and a basketball court on the east end of the park. There are two existing wireless facilities located at the same site; an artificial palm tree approved in 2002 and an artificial pine tree, which was approved in 2004. The palm tree is 40 feet tall and is operated by Sprint. The pine tree is 55 feet tall and has three carriers upon it — AT&T, T-Mobile, and Cricket. The Sprint facility is located along the north property line and has an above -ground equipment shelter. The AT&T/T-Mobile/Cricket facility has underground equipment shelters (two vaults) and is located just south of the Sprint facility. Previous Design The applicant originally proposed to install a 45-foot tall artificial pine tree and a 408 square -foot equipment shelter. Tree -mounted equipment included twelve 6-foot tall panel antennas and a 4-foot diameter microwave dish. The new facility was proposed directly east of the existing facilities. The proposed tree was located near to the artificial palm, with the equipment shelter tucked into the east corner of the park. The shelter was to be partially underground with approximately seven feet remaining above ground. Landscaping was proposed along the west elevation to screen the shelter from Cagle Street. The proposal also included an emergency generator in case of power failure. The generator would be within the equipment shelter. Current Design Since the previous Council meeting, the applicant has changed the design of the proposed facility to a new 55-foot tall tree to replace the existing 40-foot tall artificial palm tree operated by Sprint. In this proposal the existing Sprint equipment and the proposed Verizon equipment (antennas, etc.) would be located on the new tree, therefore not increasing the number of artificial trees in the park. The equipment shelter would remain as originally proposed. The proposal would be a good example of a stealth facility, consistent with City policy. The antennas are proposed to project approximately four and a half feet from the tree trunk but will be obscured by the branches of the artificial tree. Wiring between the tree and shelter would be placed underground. The two existing facilities have underground shelters, which limits the exposure of equipment. The applicant considered a vault, but ultimately opted for the partially underground shelter citing costs and waterproofing issues. Although it may be more consistent to also underground the shelter, there is already one facility with an above -ground shelter (Sprint). Given that the facility is tucked into the far corner of the park, there is less issue with regard to loss of park space, particularly if there is no increase in the amount of artificial trees. The corner of the park where the equipment would be located is currently covered with ice plant and not generally used for recreation. The proposed shelter structure is larger than the existing above ground shelter on -site. The proposed shelter is 34 feet by 12 feet in size (408 square feet). The existing Sprint shelter is around 300 square feet, although it is higher (10-12 feet high). To enhance the site, the applicant is proposing landscaping (palms) to screen the shelter from Cagle Street. A condition of approval (No. 20) has been included to require that landscaping be tall enough to screen the shelter from Cagle Street (greater than 7 feet). The facility is also consistent with City policy related to co -location with existing facilities. There are four other carriers at this location. The existing tree pine tree is not large enough to accommodate another carrier's antennas without making the tree significantly taller. The artificial palm tree is also not tall enough to accommodate another carrier, hence the proposal to replace it with another pine tree. The pine design would also be consistent with existing live trees and the existing artificial pine tree in the park. The facility is proposed to improve service south of State Route 54. Based on the attached Coverage Map, the area currently has limited or weak service. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. Comments were received from the Building and Fire Departments and require compliance with current and new 2014 codes. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with local, state, and federal codes, and that any external equipment is painted to match the surface on which it is mounted. The Public Works/Parks Department had no comments related to the project, although they have been included in staff meetings related to the project and have provided verbal comments to the applicant. One letter was received in response to the public notice for the original public hearing from a nearby residential property owner on Cagle Street across from the park. Concerns noted in the letter were mostly related to potential hazards from radio frequency and chemicals, noting the warning labels on existing facilities. All facilities have a label warning of chemicals in backup batteries contained within equipment shelters. These batteries are enclosed and out of reach of all but maintenance staff. With regard to radio frequency issues, it should be noted that, per the 1996 Telecommunications Act, "no State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." The letter also relays safety and security concerns related to graffiti, people hiding or involved in illegal activity in and around existing facilities. This could be addressed through additional conditions (e.g., requiring additional lighting) at the discretion of the Council, although there is a standard condition related to graffiti (No. 19). An additional concern was related to potential decreases in property values related to proliferation of wireless facilities. Staff is unaware of any correlation between such facilities and nearby property values. An additional letter of concern was also received at that time. As of the writing of this report, no additional comments have been received. If approved by a local jurisdiction, all wireless communications facilities must obtain all required state and federal permits in order to operate. A Condition of Approval (No. 17) is included requiring these permits. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. Planning Commission conducted a public hearing on March 3, 2014. Commissioners expressed concerns regarding the footprint of the facility, the existing cell towers, and the use of public park space for private use. The Planning Commission voted to deny the Conditional Use Permit. Council reviewed the Notice of Decision of the Planning Commission's denial at their meeting of April 1, 2014, at which time the applicant filed an appeal of the denial of the Conditional Use Permit. At the April meeting, the applicant was granted a continuance to August 18, 2014 in order to allow for additional public outreach and redesign of the project. A courtesy notice was sent out to 140 property owners and occupants to inform them of tonight's meeting. Since the continuance was granted, the applicant held two noticed community meetings to address concerns related to the proposal. The first meeting was held on July 2, 2014 at the Chamber of Commerce. Approximately 140 notices were sent out, which encompassed all property owners and occupants within 300 feet of the park. Three community members were in attendance, as was a Planning staff member. Comments were related to the number of existing artificial trees, general park conditions, and park maintenance. Another comment referred to the need for additional people to be noticed. The second meeting was held on August 5, 2014 at the park. 450 notices were sent out, which included all property owners and occupants in the Sweetwater Heights Subdivision. 19 people were in attendance; staff did not attend this meeting. Based on comments received at the community meetings, the applicant committed to several proposed improvements at the park (see attached). The improvements are related to landscaping, driveway and basketball court remediation, and also provide for additional picnic benches and security cameras. Condition No. 23 covers these improvements. Although the proposed project is consistent with the Land Use Code, in that it meets all applicable design requirements for wireless communication facilities, there are concerns form nearby residents related to facility operation, security, and loss of park space. The new design and improvements have been proposed in order to address concerns. Ultimately the facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers, which is consistent with the General Plan.