APPEAL OF
PLANNING
COMMISSION’S
DENIAL OF
CONDITIONAL
USE PERMIT
#1277
Submitted by AT&T Mobility
55 -
foot
-
tall stealth mono
-
pine
1717 E. Olive Avenue
BACKGROUND
•
Project originally went to the Site Plan
Review Committee Meeting on
4/25/2024.
•
Due to interface review, a Public Hearing
was held; where 15 speakers spoke
against this project.
•
Due to community interest, the Site Plan
Review Committee voted to refer this
item to the Planning Commission (per
MMC 20.68.050(C)(2)
•
The public hearing was held on July 3,
2024, and was continued to the Planning
Commission meeting of August 7, 2024.
•
On August 7, 2024, the public hearing
was continued to the Planning
Commission meeting of September 18,
2024, per the applicant’s request.
•
September 18, 2024, the Planning
Commission considered this matter
at the public hearing and by a
unanimous vote denied CUP #1277
and ERC #24
-
10 based on the
project not meeting the City’s
Municipal Code Chapter 20.68’s
requirements regarding Wireless
Communication Facilities Findings,
Finding K.
BACKGROUND
Chenoweth
Elementary
School
Subject Site
Single-Family Residential
RPD #19
Single-Family Residential
R-1-6
Single-Family Residential
R-1-6
Bear Creek Community
Church of Nazarene
Proposed Tower to
be located on ground
level, on the
northeast quadrant of
the subject site
Tower Equipment to
be located inside a 6-
foot-tall sound-proof
fence.
SITE PLAN
CHURCH
PARKINGS
379 FT.
128 FT.
48 FT.
•
Stealth Mono
-
pine
Tower Design
•
Height of structure is
55ft.
•
Antennas shall be
painted green to blend
in (Condition #13).
•
Ancillary cabinet
ground equipment.
Will be enclosed by a
6 -
foot
-
tall sound
-
proof
fence.
60’
55’
20’
48’
View from E.
Olive Ave.
View from
Parsons Ave.
View from
Evette Ct.
View from
Kimberly Ave.
View from
Teak Ave.
MANDATORY FINDINGS
•
Development Standards MMC 20.92.060 (Finding H, Exhibit B) Attachment #4
•
Mandatory Findings for Conditional Use Permit MMC
20.68.020 (Finding J, Exhibit B) Attachment #4
•
Wireless Communication Facilities Findings MCC 20.68
(Finding K, Exhibit B) Attachment #4
CEQA
•
Categorical Exemption 15303(d)
–
New constructions or
conversion of small structures
.
•
Categorical Exemption 15332, In
-
fill development projects
REASON FOR REQUEST
•
The communication tower will be used by AT&T Mobility to improve local LTE coverage for the area and FirstNet (Federal Responder Network Authority).
•
Green
–
reliable service indoor/outdoor
•
Yellow
–
reliable in transit
•
Blue
–
reliable outdoors only
EXISTING PROPOSED
OTHER STEALTH
TOWERS APPROVED
Stealth Towers Approved
•
Behind the Fire Station on
Loughborough Drive (85 Ft. Tall).
•
Behind In
-
Shape on G Street (85 Ft. Tall).
•
Behind the Food Bank on Olive Avenue
(90 Ft. Tall).
•
Next to Simply Space on Y osemite
Avenue (75 Ft. Tall).
PUBLIC
HEARING
NOTICE
•
Per MMC 20.68.050(E) SPR for
interface review required
notifying only property owners
directly adjacent to the subject
site.
•
For the July 3, 2024, public
hearing, a notice was mailed out
to all property owners within the
300
-
foot radius of the subject site
as well as approximately 9
residents that left their contact
information at the Site Plan
Review meeting of 4/25/2024.
•
For the
January 6, 2025,
City
Council Meeting, a notice was
mailed out to all property owners
within the 300
-
foot radius of the
subject site as well as
approximately 9 residents that
left their contact information at
the Site Plan Review meeting of
4/25/2024
PUBLIC COMMENTS
•
Site Plan Review
–
Staff received 15 emails, and 9 voicemails in opposition, and 1 email in support of the project. At the meeting, there were 15 speakers in opposition to the project.
•
Planning Commission meeting of July 3, 2024, Staff has received 3 emails and two voicemail in opposition, and 1 email from the applicant. There were 14 speakers in opposition to the project.
•
Planning Commission meeting of August 7, 2024, there was 1 speaker in opposition to the project.
•
Planning Commission meeting of September 18, 2024, Staff has received 1 email and 2 voicemail in opposition. At the meeting, there were 10 speakers in opposition to the project, and 1 speaker in favor of the project.
Staff also received a petition with approximately 120 signatures.
CITY COUNCIL ACTION
•
After the Public Hearing, the City Council
•
Provide direction to staff to:
•
Prepare a resolution with findings to grant the appeal, thus approving CUP #1277 and ERC #24
-
10; or,
•
Prepare a resolution with findings to deny the appeal, with or without prejudice, thus upholding the Planning Commission’s action to deny CUP #1277 and ERC #24
-
10; or,
•
Continue the appeal to a specific date.