PLANNING COMMISSION STAFF REPORT
TO: Planning Commission
FROM: Ursula Luna-Reynosa, Community Development Director BY: Hayden Beckman, Senior Planner
SUBJECT:
..title
APPEAL OF THE ZONING ADMINISTRATOR’S APPROVAL OF CONDITIONAL USE PERMIT NO. 23 -006 (HUNTINGTON BEACH COMMUNITY CHURCH
WIRELESS COMMUNICATION FACILITY)
REQUEST:
To construct a new freestanding ‘mono -broadleaf’ wireless communication facility at an overall maximum height of 60 ft. on a commercial property occupied by a church. The installation would include a four sector array of four panel antennas each that utili zes stealth design by disguising the new wireless facility within the branches of a faux broadleaf tree.
LOCATION:
8101 Slater Avenue, 92647 (North side of Slater Avenue, west of Marken Lane)
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APPLICANT:
John Silverman, Smartlink Group, 1227 West Raymar Street, Santa Ana CA 92703
PROPERTY
OWNER:
Huntington Beach Community Church, 8101 Slater Avenue,
Huntington Beach CA 92647
RECOMMENDATION:
..recommendation
That the Planning Commission take the following actions:
A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3.
B) Approve Conditional Use Permit No. 23 -006 with findings and conditions of approval (Attachment No. 1).
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ALTERNATIVE ACTION(S):
A) Continue Conditional Use Permit No. 23-006 and direct staff to return with findings for denial.
B) Continue Conditional Use Permit No. 23-006 and direct staff accordingly.
PROJECT PROPOSAL:
Proposed Project:
The subject request is to construct a new freestanding ‘mono -broadleaf’ wireless communication facility at an overall maximum height of 60 ft. on a commercial property, including the installation of an ancillary equipment enclosure located in the northwest corner of the property. The proposed maximum overall height of the antennas is 55 ft. and the freestanding tower is designed utilizing stealth techniques that will camouflage the tower, antennas, and equipment by resembling a broadleaf tree.
As discussed below, the Zoning Administrator approved the request on April 19, 2023.
Pursuant to Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 248.20, actions by the Zoning Administrator may be appealed, which results in review by the Planning Commission as a new matter. The Planning Commission may act upon the application, either granting it, conditionally granting it, or denying it, irrespective of the precise grounds or scope of the appeal.
Zoning Administrator Action:
A public hearing before the Zoning Administrator (ZA) was held on April 19, 2023. During public comments, many nearby residents, including adjacent residential property owners, spoke in opposition to the project citing health concerns and property value concerns.
The ZA explained that staff’s review was limited to aesthetics only and could not comment on property value impacts. Additionally, Federal Law preempts local jurisdictions from making decisions based on health impacts. Because the location, size, and visual appearance complied with City requirements for wireless communication facilities, the ZA approved the project on April 19, 2023, with staff’s recommended findings and conditions of approval (Attachment No. 4). A timely appeal of the ZA’s approval was filed on May 1, 2023.
ISSUES AND ANALYSIS:
Subject Property And Surrounding General Plan Designations, Zoning And Land Uses:
LOCATION GENERAL PLAN ZONING LAND USE
Subject Property: Commercial General
(CG)
Commercial Office (CO) Existing Church
North and East of
Subject Property:
Residential Low
Density (RL)
RL Single Family
Residential
South of Subject
Property (Across
Slater Ave):
Residential Medium
High Density (RMH)
RMH Multi-Family
Residential
West of Subject
Property:
CG CG Assistance League
Thrift Shop
General Plan Conformance:
The General Plan Land Use Map designation on the subject pro perty is currently Commercial General (CG). The proposed project is consistent with this designation and the goals, policies, and objectives of the City’s General Plan as follows:
Land Use Element
Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community.
Policy LU-1-D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses.
Conditional Use Permit No. 23 -006 will permit the installation of a new wireless communication facility on a pole designed to appear as a mature broadleaf tree that will provide additional capacity to handle increased volume of wireless users in a dense area of the City, thereby providing improved wireless data services to surrounding residences and businesses. The proposed facility incorporates stealth design techniques to reduce visual impacts from surrounding uses by incorporating a mature broadleaf tree design similar to the existing mature trees within the adjacent area.
Public Services and Infrastructure Element
Goal PSI-10: Superior electricity, natural gas, telephone, and data services improve quality of life and support economic development.
Policy PSI-10-C: Support the use of new and emerging communication technologies.
The facility is designed, and conditioned, in a manner that will be minimally noticeable from the public right-of-way and is located outside of typical vehicular and pedestrian lines of sight. The structural pole, antennas, and associated equipment blend in with the existing trees and landscaping of the surrounding area. The facility incorporates stealth design techniques and is proposed in a minimally impactful location.
Zoning Compliance:
The proposed project complies with the development requirements of the Commercial Office d istrict, the development requirements contained in Section Section 230.96 Wireless Communication Facilities of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and federal law (Telecommunications Act of 1996). The proposed ground mounted wireless communication facility is subject to a Conditional Use Permit at the proposed maximum overall height of 60 feet. Further, the proposed project utilizes stealth techniques to reduce visual impacts of the facility from nearby residential and commercial uses, as required by Section 230.96 . The broadleaf design was chosen to provide the greatest amount of compatible design possible, citing the number of mature trees that currently exist along the western property line of the subject site. The applicant provided photo simulations to illustrate street views of the existing conditions a s well as proposed conditions post -installation, with the pole mounted wireless antennas concealed within fabric ‘socks’, behind a 360 -degree canopy that emulates the appearance of a mature broadleaf tree (Attachment No. 2).
Appeal:
The Zoning Administrator’s action on Conditional Use Permit No. 23 -006 was appealed by an adjacent property owner, Christina Price, for reasons cited in an appeal letter dated May 1, 2023 (Attachment No. 5). The reasons for the appeal are listed below with analysis from staff:
A) Wireless facilities should not be sited on commercial property, as this “does not align with the General Plan or Ordinances or Wireless Facility Policy”
The proposed wireless facility is consistent with its Commercial General (CG) General Plan and Commercial Office (CO) Zoning Ordinance designation.
Pursuant to Section 230.96 Wireless Communication Facilities of the HBZSO, the City end eavors to locate antennas within commercial, industrial, and other non-residential zones, screen them from view, and encourage co -location with other facilities. New wireless facilities are generally designed as ancillary land uses on commercial and indust rial properties, where they can be sited and designed to comply with the zoning standards in a manner that does not impact required parking, landscaping, and on -site vehicular access. Further, new wireless communications facilities require a greater vertical height than most existing buildings to achieve the necessary connection and provide data capacity to the greater wireless data network. As such, siting new communication facilities on commercially zoned properties enables greate r height as needed, and by utilizing stealth design techniques, the proposed facility will reduce visual prominence through colorization and camouflage that mimics the appearance of a mature broadleaf tree , compatible with existing on -site landscaping. The subject proposed facility is located on a commercially zoned property in a manner that is consistent with Commercial zoning development standards , and incorporates stealth design techniques to minimize visual impacts that complies with the goals and policies of the General Plan.
B) The project should not have been approved without “due process verifying the applicant’s submitted burden of proof statements or sole justification for validity beyond reception in the application”
The Zoning Administrator’s approval of the proposed wireless facility occurred during a regular public hearing that was duly noticed and is consistent with similarly approved ground-mounted wireless facilities utilizing stealth techniques City-wide. The ap plicant provided a zoning justification letter that identified project objectives and alternative site analysis, and a site justification presentation identifying that a gap in coverage exists in the vicinity of the subject property (Attachment No. 3). The subject freestanding mono-broadleaf facility is proposed in this location specifically because it is a high network traffic area that experiences inadequate signal quality and this wireless facility will alleviate capacity problems relating to wireless service.
C) Conditional approval “will impact property values and rental incomes for homes in three separate residential areas and other commercial properties”
Under current Huntington Beach Zoning and Subdivision Ordinance (HBZSO) requirements, the City’s purview in the construction and operation of wireless communication facilities does not call for the consideration of economic impacts and is essentially limited to aesthetics. The City cannot make a determination on an application for a new wireless facility that is based in any part on the potential for impacts to property values. Regardless of location, all elements of the operation of wireless communication facilities are subject to compliance with the Telecommunications Act of 1996, as implemented by t he Federal Communications Commission (FCC). As such, the facility operator (AT&T) is subject to compliance with federal law, which preempts the HBZSO. Further, the appellant has not provided any information to support the claim that the proposed project would have an impact on residential or commercial property values.
D) Conditional approval “will impact resell capability and rental marketability of homes near cell towers in three separate residential areas”
The appellant did not provide further supporting information related to this concern. However, a s discussed above, economic impacts are not considered a standard of review for wireless facility applications.
Environmental Status:
The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project consists of the installation of small new equipment.
Coastal Status:
Not Applicable.
Design Review Board:
On April 13, 2023, the Design Review Board recommended approval of the wireless communication facility designed as a faux broadleaf tree and associated equipment to the Zoning Administrator as proposed.
Subdivision Committee:
Not Applicable.
Other Departments Concerns and Requirements:
Not Applicable.
Public Notification:
Legal notice was published in the Huntington Beach Wave on June 1, 2023, and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Division’s Notification Matrix), applicant, and interested parties. As of June 7, 2023, two public comments have been received.
Application Processing Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S):
March 21, 2023 May 21, 2023
The Zoning Administrator held the public hearing on April 19, 2023.
SUMMARY:
Staff recommends that the Planning Commission take the following actions:
A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3; and
B) Approve Conditional Use Permit No. 23 -006 with suggested findings and conditions of approval (Attachment No. 1).
This recommendation is based on the following:
Consistent with the requirements of the base zoning district and applicable provisions of the Municipal Code;
Complies with the General Plan;
Compatible with the existing surrounding uses in proportion, scale, and character, and includes stealth design that encloses the antennas within a faux broadleaf tree.
ATTACHMENTS:
1. Suggested Findings and Conditions of Approval
2. Site Plans, Elevations, and Photo Simulations Received and Dated February 28, 2023
3. Project Narrative Received and Dated February 28, 2023
4. Applicant Site Justification received and dated February 28, 2023
5. Appeal Letter Received and Dated May 1, 2023
6. Zoning Administrator Notice of Action dated April 19, 2023