Monterey County Planning Commission

Transcription

1 Monterey County Planning Commission Meeting: August 13, 2003, 11:00 A.M. Agenda Item: 4 Project Description: Use Permit (Fetter, PLN000670) for the construction of a new 68 foot tall windmill wireless communication antenna tower to replace an existing, permitted 32 foot-tall wireless communication antenna monopole, and co-location of existing monopole antennas onto the windmill antenna tower. The property is located south of the intersection of S. Davis Road and Hitchcock Road. Address and Parcel Number: 181 Hitchcock Road, Salinas area (Assessor's Parcel Number ) Plan Area: Greater Salinas Area Zoning Designation: F/40 (Farmlands, 40 Acres Minimum Building Site) CEQA Action: Exempt (Section Replacement Facilities) Department: Planning and Building Inspection RECOMMENDATION Staff recommends approval of the proposed Use Permit based on Findings and Evidence (Exhibit B) and subject to proposed conditions (Exhibit C). OVERVIEW OF PROPOSED ACTION The applicant is requesting approval of a Use Permit to replace an existing 32-foot tall monopole operated by Cingular Wireless with a 69-foot tall stealth windmill antenna. The new antenna will carry the existing Cingular antennas, as well as Sprint antennas of the same type. The new antenna will be located in essentially the same location as the existing antenna. The purpose of the new antenna is to fill an existing coverage gap in the Sprint area network (Exhibit G). Next Page >>

2 OTHER AGENCY INVOLVEMENT o Water Resources o Environmental Health o Public Works o Salinas Rural Fire District o Agricultural Commissioner All of the above departments have reviewed the proposed project. Only the Agricultural Commissioner recommended a condition of approval (Exhibit C). The Airport Land Use Advisory Committee recommended approval of the project (6-0, 2 absent) (Exhibit E ). Note: This project is appealable to the Board of Supervisors Patrick Kelly, AICP, Associate Planner Telephone: (831) kellypb@co.monterey.ca.us CC: File; Planning Commission; Public Works; Environmental Health Division; County Counsel; Salinas Rural Fire District; Agricultural Commissioner; Patrick Kelly; Kay Barrett; Applicant Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Discussion Recommended Findings and Evidence Recommended Conditions of Approval Vicinity Map ALU C recommendation Project Plans and Photo Simulations Sprint PCS Monterey Network Analysis This report reviewed by Luis Osorio, Senior Planner Fetter, Page 2 of 11

3 EXIBIT A DISCUSSION Site Description The subject property is a 30-acre strawberry field developed with a ranch building complex. The property is flat in topography, and surrounded on all sides by other row crops. An existing wireless communication facility, including a monopole and ground equipment, is situated on the property within the building complex. The project area is partially screened from view from public viewing areas by existing evergreen trees and buildings, as shown on the project photo simulations (Exhibit F). These trees will remain in place. Access to the project area is via an existing dirt road off Hitchcock road. The buildings and antennas are set back approximately 350 feet from Davis Road and 500 feet from Hitchcock Road. Project Description The project involves: (1) Construction of a new 68-foot tall windmill wireless communication antenna tower, of metal lattice construction. The new antenna tower will replace an existing, permitted 32 foot-tall wireless communications facility (monopole) (PC96045), approved by the Planning Commission on July 31, 1996, and will include three new panel antennas and three antenna panels co-located from the existing monopole; (2) Relocation of existing antennas onto the new windmill antenna tower and (3) removal of the existing monopole. The existing ground equipment will remain to service the co-located antennas. Design Requirements Chapter H of the Zoning Ordinance (Title 21) contains required General Development Standards for wireless communication facilities. The project conforms to the Site Location criteria of these requirements, as summarized below: Requirements a. Site location and development of wireless communications facilities shall preserve the visual character and aesthetic values of the specific parcel and surrounding land uses. Facilities shall be integrated to the maximum extent feasible to the existing characteristics of the site. b. Co-location is encouraged when it will decrease visual impact and discouraged in cases when it will increase visual impact. c. Wireless communications facilities, to every extent possible, should not be sited to create visual clutter or negatively affect specific views. d. In designated visually sensitive areas, designated scenic corridors or areas of high visibility, wireless communication facilities shall be sited below the ridgeline or designed to minimize their visual impact. e. Wireless communications facilities shall be screened from any designated scenic corridors or public viewing areas to the maximum extent feasible. Fetter, Page 3 of 11

4 Project Conformance with Requirements a-e The proposed facility incorporates a stealth windmill design, which will be indistinguishable from a typical agricultural windmill. Windmills are traditionally associated with farming uses, and contribute to the visual character of these areas. The facility will be situated within a the existing complex of agricultural buildings, continuing the existing pattern of development concentration at the center of the parcel. The project will result in the removal of the previously approved, existing wireless communication facility. The proposed windmill design of the facility will be visually compatible with the agricultural setting, replacing a visually incompatible monopole. This will improve the appearance of the site, and result in the co-location of existing and proposed antennas onto a single antenna structure Requirements g-i g. Any exterior lighting, except as required for FAA regulations for airport safety, or as recommended by the ALUC, shall be manually operated and used only during night maintenance checks or in emergencies. The lighting shall be constructed or located so that only the intended area is illuminated and off-site glare is fully controlled. h. No wireless communication facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless the applicant has demonstrated to the Director of Planning and Building Inspection, that the proposed location is the most feasible location for the provision of services as required by the FCC. i. No wireless communication facility shall be installed within the safety zone or runway protection zone of any airport within Monterey County or any helipad unless the airport owner/operator indicates that it will not adversely affect the operation of the airport or helipad. Project Conformance with Requirements g-i The Airport Land Use Commission reviewed the project at their meeting of July 28, The Commission recommended that the windmill be lighted with a single red obstruction light as would be required if the structure qualified as obstruction to air navigation according to FAA standards. The Commission advised that light shielding to limit ground visibility would be acceptable. According to Todd Muck, Senior Planner with the Airport Land Use Commission, the FAA does not consider similarly situated structures to be a hazard to air navigation, if the are less than 200 feet in height; however, FAA requirements are designed for protection of higher altitude aircraft, and do not take into consideration low-flying crop-duster aircraft. As shown in the attached coverage objective diagram, the antenna facility is located to fill an existing coverage gap; therefore, the subject site is the most feasible location for the provision of services. Finally, the antenna is not located within any safety or runway protection zones. Criteria f and j of the General Development Standards are not applicable to this project, as they address facilities in areas of natural topography and vegetation, and areas of environmentally sensitive habitat. The subject property has none of these characteristics. Fetter, Page 4 of 11

5 The project is also subject to the Design Review Criteria of the General Development Standards. The project also conforms to these requirements, as summarized below: Requirements: a. Towers and monopoles shall be constructed of non-flammable materials, unless specifically approved and conditioned by the County to be otherwise. b. Support facilities (i.e. vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed of non-flammable, non-reflective materials and shall be placed in underground vaults, unless otherwise approved by the County. c. All support facilities, poles, towers, antenna supports, antennas, and other components of communications facilities shall be of a color approved by the appropriate authority. If a facility is conditioned to require paint, it will initially be painted with a flat paint color approved by the appropriate authority, and thereafter repainted as necessary with a flat paint color. Components of a communication facility which will be viewed against soils, trees, or grasslands shall be of a color matching these landscapes. d. Special design of the communication facilities may be required to mitigate potentially significant adverse visual impacts. Project Conformance with Requirements: The tower will be of steel lattice construction, which is non-flammable. Existing support facilities are situated above ground, partially screened by a wood fence, and will remain in place. Three additional ground equipment cabinets of a similar appearance and height for the Sprint antennas will be situated beneath the windmill antenna. These facilities will also be screened by the fence, and maintain the existing setback of 350 feet from Davis Road. This equipment is required to be located above ground because of the flood zone designation for the property. Because of the substantial setback and the existing fence, this equipment will remain an insignificant feature of the landscape as viewed from Davis Road. Undergrounding of this equipment, as otherwise required by requirement b, above, is therefore not an appropriate requirement. As discussed above, the antenna will incorporate a windmill design, appropriate to the agricultural setting of the project site. A condition of approval is included requiring the ground equipment to be painted a flat gray to match the metal lattice of the windmill, for maximum visual blending. Fetter, Page 5 of 11

6 Fetter, Page 6 of 11 EXHIBIT "B" RECOMMENDED FINDINGS AND EVIDENCE 1. FINDING: The subject Use Permit, (PLN000670) as described in condition #1 and as conditioned, conforms with the plans, policies, requirements and standards of the Monterey County General Plan, Greater Salinas Area Plan and the Monterey County Zoning Ordinance (Title 21). The property is located at 181 Hitchcock Road, Salinas Area. The parcel is zoned F/40 (Farmlands, 40 Acres Minimum Building Site). The site is physically suitable for the use proposed. The subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivision, and any other applicable provisions of Title 21, and any zoning violation abatement costs have been paid. EVIDENCE: The Planning and Building Inspection staff reviewed the project, as contained in the application and accompanying materials, for conformity with: a) The Monterey County General Plan b) The Greater Salinas Area Plan c) Chapter of Monterey County Zoning Ordinance (Regulations for the "F" Zoning District) d) Chapter of the Monterey County Zoning Ordinance (Regulations for the Siting, Design and Construction of Wireless Communication Facilities) EVIDENCE: The proposed development has been reviewed by the Monterey County Planning and Building Inspection Department, Water Resources Agency, Public Works Department, Environmental Health Department, Agricultural Commissioner and Salinas Rural Fire District. There has been no indication from these agencies that the site is not suitable for the proposed use. Necessary public facilities are available to the project site. Staff verification of the Monterey County Planning and Building Inspection Department records indicated that no violations exist on subject property, as conditioned. Each agency has reviewed the application and some have recommended conditions of approval. EVIDENCE: The Airport Land Use Commission reviewed the project on July 28, 2003, and voted to recommend approval of the project to the Planning Commission (6-0, 2 absent), with the condition that an aircraft navigation safety light be added to the antenna structure. EVIDENCE: Written and verbal public testimony submitted at public hearings before the Planning Commission. EVIDENCE: The application, plans, and support materials submitted by the project applicant to the Monterey County Planning and Building Inspection Department for the proposed development, found in project file PLN EVIDENCE: The on-site inspection by the project planner on June 7, 2003 to verify that the proposed project complies with the Greater Salinas Area Plan.

7 EVIDENCE: Chapter of Title 21 permits wireless communication facilities, in the F (Farmlands) zoning district with a Use Permit. 2. FINDING: The proposed project is categorically exempt from the California Environmental Quality Act. EVIDENCE: Sections of the County CEQA Guidelines categorically exempts the replacement facilities from environmental review. The proposed windmill-design antenna tower will replace an existing monopole. No adverse environmental impacts were identified during staff review of the Use Permit application. 3. FINDING: The proposed wireless communication antenna is compatible with the area. EVIDENCE: The antenna will incorporate a windmill design, appropriate to the agricultural setting of the project site. A condition of approval is included requiring the ground equipment to be painted a flat gray to match the metal lattice of the windmill, for maximum visual blending. 4. FINDING: The establishment, maintenance, or operation of the use or structure applied for will not, under the circumstances of the particular case, be detrimental to health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvement in the neighborhood, or to the general welfare of the County. EVIDENCE: The project as described in the application and accompanying materials was reviewed by the Department of Planning and Building Inspection, Environmental Health Division, Public Works Department, Agricultural Commissioner, Water Resources Agency and Salinas Rural Fire District. The respective departments have recommended conditions, where appropriate, to ensure that the project will not have an adverse effect on the health, safety, and welfare of persons either residing or working in the neighborhood; or the County in general. EVIDENCE: The windmill is required to be lighted with a single red obstruction light as if it were technically found to be an FAA obstruction to air navigation, in accordance with recommendations of the Airport Land Use Commission. The windmill will therefore be visible to pilots of low-flying aircraft in the area, such as crop duster aircraft. The project is not located within any runway or safety zone of any airport. EVIDENCE: Personal communication with Todd Muck, AICP, Senior Planner, Airport Land Use Commission on July 29, 2003 EVIDENCE: The on-site inspection by the project planner on June 7, 2003 to verify that the proposed project complies with the Greater Salinas Area Plan. EVIDENCE: Materials in file PLN EVIDENCE: Preceding findings and supporting evidence Fetter, Page 7 of 11

8 5. FINDING: The development of the proposed wireless communications facility will not significantly affect any designated public viewing area, scenic corridor or any identified environmentally sensitive area or resource as defined in the Monterey County General Plan, Area Plan or Local Coastal Program EVIDENCE: The project is not located within a designated scenic corridor as identified in the Greater Salinas Area plan. The project will be visible from Davis road and Hitchcock Road; however, the proposed antenna facility incorporates a stealth windmill design, and will be indistinguishable from a typical agricultural windmill. Windmills are traditionally associated with farming uses, and contribute to the visual character of these areas. The antenna facility will be situated within a grouping of agricultural buildings, continuing the existing pattern of development concentration at the center of the parcel. The project will result in the removal of an existing, visually incompatible wireless communication monopole, which will improve the appearance of the site. EVIDENCE: The project is not located within an environmentally sensitive area, as defined by the Greater Salinas Area Plan. EVIDENCE: Preceding findings and evidence. 6. FINDING: The site is adequate for the development of the proposed wireless communications facility and the applicant has demonstrated that it is the most adequate for the provision of services as required by the FCC EVIDENCE: The antenna facility is located to fill an existing coverage gap, therefore, the subject site is the most feasible location for the provision of services. EVIDENCE: Sprint PCS Monterey Network Analysis EVIDENCE: Materials in project file PLN FINDING: The proposed wireless communication facility complies with all the applicable requirements of Section of the Zoning Regulations. EVIDENCE: Itemized Staff Report discussion on compliance with General Development Standards EVIDENCE: Personal communication with Todd Muck, AICP, Senior Planner, Airport Land Use Commission, regarding FAA air navigation obstruction parameters EVIDENCE: June 25, from Jess Louk, Senior Property Specialist, National Property and Lease Management, to Suzanne Smith, project applicant, regarding project filing with the California Public Utilities Commission EVIDENCE: Project Description and narrative submitted by the project applicant EVIDENCE: Preceding findings and evidence 8. FINDING: The subject property upon which the wireless communication facility is to be built is in compliance with all rules and regulations pertaining to zoning uses, subdivisions and any other applicable provisions of this Title and that all zoning violation abatement costs, if any, have been paid. Fetter, Page 8 of 11

9 EVIDENCE: Findings and Evidence for 7, above 9. FINDING: That the proposed wireless communications facility will not create a hazard for aircraft in flight. EVIDENCE: Findings and Evidence for 4 and 7, above. 10. FINDING: The project is appealable to the Board of Supervisors. EVIDENCE: Section D of the Monterey County Zoning Ordinance (Title 21) Fetter, Page 9 of 11

10 EXHIBIT "C" RECOMMENDED CONDITIONS OF PROJECT APPROVAL 1. The subject Use Permit (PLN000670) is for the replacement and expansion to 68 feet in height of an existing, permitted 32 foot-tall wireless communication antenna. The replacement structure will be of a stealth, "windmill" design. The project is located 181 Hitchcock Road, Salinas area (Assessor's Parcel Number ), south of the intersection of S. Davis Road and Hitchcock Road, in the Salinas area. The proposed project is in accordance with County ordinances and land use regulations, subject to the following terms and conditions. Neither the use nor the construction allowed by this permit shall commence unless and until all of the conditions of this permit are met to the satisfaction of the Director of Planning and Building Inspection. Any use or construction not in substantial conformance with the terms and conditions of this permit is a violation of County regulations and may result in modification or revocation of this permit and subsequent legal action. No use or construction other than that specified by this permit is allowed unless additional permits are approved by the appropriate authorities. (Planning and Building Inspection) 2. The applicant shall record a notice which states: "A permit (Resolution ) was approved by the Planning Commission for Assessor's Parcel Number on August 13, The permit was granted subject to [ ] conditions of approval, which run with the land. A copy of the permit is on file with the Monterey County Planning and Building Inspection Department." Proof of recordation of this notice shall be furnished to the Director of Planning and Building Inspection prior to issuance of building permits or commencement of the use. (Planning and Building Inspection) Prior to Issuance of Building Permits: 3. The design for the required air navigation hazard light incorporating glare shielding directing light upwards shall be submitted to the Planning Department for review and approval. (Planning and Building Inspection) 4. Any exterior illumination shall be in accordance with a lighting plan to be submitted for review by the Planning Director. (Planning and Building Inspection) Prior to Building Department Final Inspection: 5. The antenna tower shall be equipped with a single, red air navigation hazard light in accordance with recommendations from the Airport Land Use Advisory Commission. (Planning and Building Inspection, Agricultural Commissioner) 6. Ground equipment shall be painted a flat gray color to match the metal lattice of the antenna tower. (Planning and Building Inspection) 7. A demolition permit shall be obtained for the removal of the existing monopole antenna to be replaced. (Planning and Building Inspection) Fetter, Page 10 of 11

11 Continuous Permit Conditions: 8. The existing monopole shall be removed within 30 days of Building Department final inspection. (Planning and Building Inspection) 9. All exterior illumination shall be unobtrusive, harmonious with the local area, and constructed or located so that only the intended area is illuminated and off-site glare is fully controlled. Any exterior illumination shall be in accordance with the project lighting plan approved by the Planning Director. (Planning and Building Inspection Department) 10. The windmill antenna structure and associated ground equipment shall be removed within six months of termination of the use or abandonment of the site. (Planning and Building Inspection Department) 11. The applicant shall enter into a site restoration agreement subject to the approval of the Director of Planning and Building Inspection and County Counsel. (Planning and Building Inspection Department) Fetter, Page 11 of 11