SANTA BARBARA COUNTY PLANNING COMMISSION Staff Report for Verizon at Mora Conditional Use Permit

Transcription

1 SANTA BARBARA COUNTY PLANNING COMMISSION Staff Report for Verizon at Mora Conditional Use Permit Staff Report Date: February 19, 2015 Case No.: 14CUP Environmental Document: Notice of Exemption (CEQA Guidelines Sections and 15304) Deputy Director: Alice McCurdy Division: Development Review Supervising Planner: Zoraida Abresch Supervising Planner Phone #: Staff Contact: Joyce Gerber Staff Contact Phone #: OWNER: Dennis L. Merchant 1867 Mora Avenue Santa Ynez, CA APPLICANT/AGENT: GTE Mobilnet of Santa Barbara LP dba Verizon Wireless c/o Michelle Ellis Complete Wireless Consulting, Inc V Street, Sacramento, CA (916) This site is identified as Assessor Parcel Number , located on the west side of Mora Avenue approximately 550 feet north of Baseline Avenue, 1867 Mora Avenue, Santa Ynez Area, Third Supervisorial District. Application Complete: January 22, 2015 Processing Deadline: 60 days from NOE FCC Shot Clock Deadline: April 13, REQUEST Hearing on the request of Michelle Ellis, agent for Verizon Wireless, to consider Case No. 14CUP [application filed on October 28, 2014] for a Conditional Use Permit allowing construction and operation of an unstaffed telecommunications facility with a 50 foot tall antenna support structure designed to resemble a broadleaf tree, in compliance with Sections (Conditional Use Permits) and (Telecommunications Facilities) of the County Land Use and Development Code, on property zoned AG-I-10; and to determine the

2 Page 2 project is exempt from the provisions of CEQA pursuant to State CEQA Guidelines Sections and 15304, included as Attachment C. The application involves Assessor Parcel No , located at 1867 Mora Avenue, in the Santa Ynez area, Third Supervisorial District. 2.0 RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and conditionally approve Case No. 14CUP marked "Officially Accepted, County of Santa Barbara (March 11, 2015) County Planning Commission Attachments A-K", based upon the project's consistency with the Comprehensive Plan and based on the ability to make the required findings. Your Commission's motion should include the following: 1. Make the required findings for approval of the project, Case No. 14CUP , specified in Attachment A of this staff report, including CEQA findings. 2. Determine that the project is exempt from CEQA pursuant to CEQA Guideline Sections and 15304, as specified in Attachment C of this staff report. 3. Approve the project, Case No. 14CUP , subject to the conditions included as Attachment B of this staff report; and Refer back to staff if the County Planning Commission takes other than the recommended action for appropriate findings and conditions. 3.0 JURISDICTION This project is being considered by the County Planning Commission based on the following sections of the Land Use and Development Code (LUDC) as follows: 3.1 Section (Commercial Telecommunications Facilities) contains standards for four tiers of commercial telecommunications facilities (Tier 1 through Tier 4). The proposed telecommunications facility would be a Tier 4 project because the proposed faux broadleaf tree exceeds the 35 foot residential structure height limit for the AG-I-10 zone district [LUDC Sections (C) 3.a(2)(a) and (C)2.d.(1)]. Section

3 Page (B) of the LUDC requires approval of a Major Conditional Use Permit for all Tier 4 projects. 3.2 Section (A) (Authority for Land Use Decisions) of the LUDC designates the Planning Commission as the review authority for Major Conditional Use Permits. 4.1 Aesthetics 4.0 ISSUE SUMMARY The proposed wireless telecommunications facility would consist of a 50 ft tall antenna support structure designed as a faux broadleaf tree, and an approximately 194 sq ft equipment storage shelter (shelter) with a maximum height of 10.5 feet located within an 1,125 sq ft fenced lease area. The fenced lease area would also contain a diesel generator and an ice bridge to protect the cables that connect the shelter and antennas. The proposed project location is set back approximately 566 ft from the Mora Avenue right-ofway and approximately 805 ft from the Baseline Avenue right-of-way. The proposed equipment storage shelter would not be visible from Mora or Baseline Avenues due to existing structures and landscaping, but would be visible from the adjacent property to the north, south and west. The proposed 50 ft high faux tree would be visible from Mora and Baseline Avenues as well as from surrounding properties. Photo-simulations of the proposed project are included as Attachment F. The Central Board of Architectural Review (CBAR) conceptually reviewed the proposed project on December 12, 2014, January 16, 2015, and February 13, The CBAR conducted a site visit on January 16 prior to discussing the item. At the meeting of January 16, the CBAR asked the applicant to re-examine the ability to reduce the height of the facility to the minimum necessary to achieve the project s objectives. If the height could be reduced to 35 feet, the CBAR requested that the applicant consider a faux water tower rather than the proposed tree. However, in the event that the height of the support structure could not be reduced and still meet the project s objectives, the CBAR concurred that for a 50 ft tall monopole, a proposed faux broadleaf tree would be the most appropriate antenna support structure for the location to visually blend the facility into the existing rural, agricultural setting, which includes mature trees on the subject parcel and surrounding area; and to lessen its impact on public views. If a faux broadleaf tree is used, the CBAR requested that the tree include faux bark. The CBAR also requested that no-climb hog wire or other horse-compatible fencing be placed around the lease area to blend with the setting, which is a horse boarding facility with existing corrals and small

4 Page 4 fenced pastures. Finally, the CBAR requested installation of a privet hedge or other appropriate landscaping on the northern border of the project to shield the equipment shelter and security light from the nearest neighbor. The CBAR stated that the light must be dark sky compliant and requested that the applicant provide a cut sheet for the fixture. At the meeting of February 13, 2015, the CBAR completed further conceptual review and again stated that the light fixture must be changed to a design which is fully shielded so that the light sources is not visible, with a warm yellow bulb and low wattage; that landscaping should be shown on the project plans as an aspect of the design; that a broadleaf tree design with faux bark is preferable; and that the color of the prefabricated building shown in plans is acceptable. Please see Attachment E for the CBAR minutes. The purpose of the proposed facility is not to improve the cellular coverage area; rather, it is to offload capacity from an existing Verizon cell site in the hills south of Lake Cachuma. The existing facility, identified by Verizon as the Santa Ynez gamma sector, is currently at or near its maximum capacity as a result its use by of network users other than Verizon 1. The proposed Verizon at Mora facility would boost the capacity available on the network, so Verizon devices in that area would have full operational abilities. The target area to be covered by this improvement is a low, wide area of the valley floor located along the west side of Highway 154. This is in contrast to a tower designed to improve coverage, which would target a concentrated area immediately surrounding the facility. In order to meet the project s objective, the radio waves emitted by the antenna need to reach out horizontally for a longer distance than a site designed to improve coverage. The lower the tower, the more structures and trees obstruct the signal. The applicant and project engineer have stated that 50 ft is the shortest antenna support structure that would meet the project s objectives (see s dated 2/27/15 and 3/2/15 included in Attachment I). A 50 ft tower would allow a 42 ft antenna centerline, which is necessary to reach all of the area that is affected by decreased capacity. A lower tower (and thus lower antenna centerline) would require more towers to achieve the same objective. Moreover, a lower centerline would increase the electromagnetic emissions (EME) on the ground, potentially above the safe public exposure threshold. A 42 ft centerline accommodates a 35 ft limit for the bottom of antennas, resulting in a site where EME is below the public exposure limits. This height also allows room for future growth. 1 The applicant has stated that Verizon obtains information about capacity issues by monitoring device performance on its network, and responding to user complaints about service. Capacity issues may only be evident during periods of high traffic.

5 Page 5 As stated above, with a 50 ft tower, the proposed faux broadleaf tree design would be used in accordance with the recommendations of the CBAR. This design would blend with the existing natural, rural context and would be the least intrusive design feasible for the proposed project. 4.2 Health and Safety The proposed wireless facility would provide cellular service by transmitting and receiving radiofrequency (RF) signals from cellular customers. As a wireless telecommunications facility, Federal law requires that the antennas operate within the Federal health and safety limits for radiofrequency exposure limits at all times. Local jurisdictions are prohibited from setting their own limits or standards and from regulating telecommunications facilities on the basis of radiofrequency emissions to the extent that such facilities comply with Federal Communication Commission (FCC) regulations concerning such emissions (see 47 U.S.C. 332(c)(7)(B)(iv)). The limits established in the guidelines are designed to protect the public health with a very large margin of safety. 2 Although most facilities create maximum exposures that are only a small fraction of the limits the limits themselves are many times below levels that are generally accepted as having the potential to cause adverse health effects. To ensure that proposed projects would operate within FCC limits, the County requires that applicants submit a report prepared by a qualified third party that estimates the proposed project s radio-frequency emissions and determines whether or not they comply with the Federal requirements. The closest residences to the proposed telecommunications facility are located approximately 288 ft to the south (on an adjacent parcel); 496 ft to the southwest (on the subject parcel); and 454 ft to the east (a guesthouse, also on the subject parcel). As part of the permit application, the applicant provided a Radio-Frequency Electromagnetic (RF-EME) Compliance report prepared by Sitesafe, Inc., RF Compliance Experts, dated June 19, The analysis assumes that all antennas would operate at full power at all times to provide a worst-case analysis of the maximum RF energy density. The report concludes that the predicted Maximum Permissible Exposure (MPE) generated due to the proposed cell site operation would be 0.2% of the FCC s occupational limit on top of the barn roof located approximately 190 ft to the northeast. The nearest residences are all more than 190 ft from the proposed facility. Therefore, when developed in conformance with FCC and County regulations, operation of the proposed Verizon facility at this site would not create a potential public health hazard. The report verifies that the facility would operate in compliance with FCC limits. Please see Attachment G for a copy of the RF report. 2 Federal Communications Commission, Local Government Official s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures and Practical Guidance dated June 2, 2000, p.1.

6 Page Noise An emergency diesel standby generator and external HVAC units proposed at the equipment shelter would be the primary noise sources associated with the project. An Environmental Noise Analysis was performed for the proposed project and is included as Attachment J of this staff report (Bollard and Associates, July 30, 2014). The Noise Analysis identified the nearest noisesensitive receivers as structures located approximately 190 ft to the northeast, 270 ft to the southwest, 290 ft to the south, and 350 ft to the southeast of the proposed wireless facility (see Figure 1 of the attached Noise Analysis). Note that although these structures are all identified as sensitive receptors in the Noise Analysis, the structures located 190 ft to the northeast, and 270 ft to the southwest, and 350 ft to the southeast are all barns. The structure identified as 290 ft to the south is the nearest single family dwelling, located on the adjacent parcel. The generator would operate only during emergencies (power outages) and approximately 15 minutes per week during the daytime for periodic maintenance/lubrication. The noise analysis conservatively assumes that the HVAC units would operate continuously for 24 hours, and that the generator would operate continuously for a one-hour period during daytime hours. The generator was assumed to be equipped with the standard enclosure resulting in a reference noise level of 77 db at 23 feet. Using these figures and assuming the standard loss of 6 db per doubling of distance, the project would result in a maximum of 50 db at closest structure, the barn located approximately 190 ft from the proposed equipment shelter. This is below the threshold in the Noise Element, which states that an exterior noise environment of 65 db is acceptable for residential uses. 5.0 PROJECT INFORMATION 5.1 Site Information Comprehensive Plan Designation Ordinance, Zone Site Size Present Use & Development Surrounding Uses/Zone(s) Site Information Rural, Inland, Agriculture I (AG-I-10), Minimum parcel size 10 acres Land Use Development Code, AG-I acres The property is currently developed with (approximately) 3,300 sq ft residence, 2,560 sq ft guest house; 2,785 sq ft barn; and 1,600 sq ft barn, and four horse shelters. North: Rancho Estates (Rural Home Sites)/AG-I-10,

7 Page 7 Access Public Services Site Information developed with a barn. South: Rancho Estates (Rural Home Sites)/AG-I-10, Baseline Avenue; developed with a single family dwelling. East: Rancho Estates (Rural Home Sites) AG-I-20; developed with barns, farm employee dwelling and single family dwelling. West: Rancho Estates (Rural Home Sites)/AG-I-10; developed with a barn, farm employee dwelling and single family dwelling. Private driveway accessed from Mora Avenue Water Supply: N/A Sewage: N/A Fire: Santa Barbara County Fire Department Police Services: County Sheriff 5.2 Setting The subject property is located at 1867 Mora Avenue, on the west side of Mora Avenue approximately 575 feet north of Baseline Avenue. The parcel is developed with a single-family dwelling at the southeast corner of the property, a guesthouse at the northeast corner of the property, a horse barn, a shed, and four horse shelters. The subject parcel, as well as the surrounding area, has numerous mature trees and other vegetation. Slightly less than half of the area of the parcel is divided into seven horse pastures, each approximately 100 ft by 150 ft. The proposed telecommunications facility would be located in the northwest area of the parcel in a pasture. The proposed lease area is located approximately 600 ft west of Mora Avenue and 830 ft north of Baseline Avenue. The closest residences to the proposed telecommunications facility are located approximately 288 ft to the south (on an adjacent parcel); 496 ft to the southwest (on the subject parcel); and 454 ft to the east (a guesthouse, also on the subject parcel). The project area is shown in Figure 5.1, below. 5.3 Description The project is a request by Michelle Ellis of Complete Wireless Consulting, agent for the applicant, Verizon Wireless, for a Major Conditional Use Permit to allow construction and operation of an unstaffed telecommunications facility, in compliance with Sections and of the County Land Use and Development Code, on property zoned AG-I-10. The facility would be

8 Page 8 located within a 25 ft by 45 ft (1,125 sq ft) fenced and locked lease area on a 4.79-acre parcel located at 1867 Mora Avenue, Assessor Parcel No The facility would consist of nine Verizon Wireless panel antennas in three sectors (three antennas per sector). The antennas would be mounted at a height of 42 ft on a new 50 ft tall antenna support structure designed to resemble a broadleaf tree. A microwave dish would be mounted in Sector A. The proposed facility would offload capacity from existing Los Olivos/Eastern Santa Ynez Valley area sites that are currently at or near maximum capacity. The support equipment for the facility would be located in new 11 ft, 6 inch by 16 ft, 10.5 inch (194 sq ft) prefabricated equipment shelter with a maximum height of 10.5 feet located within the fenced lease area. The equipment shelter would include a new electrical pedestal and would have underground power and Telco utilities; a surge protector; and a coaxial cable ice bridge to protect the cables from inclement weather. Two GPS antennas and two air conditioning units would be mounted on the side of the shelter. The lease area would also contain a 32 KW diesel emergency generator and 132 gallon fuel tank located on a new 6 ft by 13 ft (78 sq ft) concrete slab. The emergency generator would temporarily serve the facility in the event of a power failure. In addition, the generator would operate for approximately 15 minutes per week during the daytime, for maintenance purposes. The facility would be served by Pacific Gas and Electric and Verizon by a connection to existing utilities onsite. With the exception of a security light, no exterior lighting is proposed. The security light would be located above the equipment structure door and would be hooded, low-wattage, and directed downward. The light would only be switched on if an emergency required personnel to access the site at night. The project would require minimal grading (less than 50 cubic yards) for utility trenching. Access and parking for routine maintenance of the facility would be provided by a proposed 12 ft wide access easement over an existing gravel driveway accessed from Mora Avenue. No tree removal is proposed.

9 Page 9 Figure 5.1, Project Area. 5.4 Background Information Federal Telecommunications Act Limitations The Federal Telecommunications Act of 1996 amended the Communications Act of 1932 to establish federal regulatory authority over the deployment of telecommunications facilities across the nation. The Federal Act set health and safety emissions thresholds and specifically restricts the regulatory treatment of telecommunications facilities by local agencies (i.e. cities and counties) in that regard. The Federal Telecommunications Act preempts local authorities from prohibiting any telecommunications service, stating No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service. (47 U.S.C.A. 253 (b).)

10 Page 10 However, the Federal Telecommunications Act acknowledges that although local authorities may not prohibit telecommunications facilities, their general local zoning authority is preserved over decisions regarding placement, construction, and modification of personal wireless service facilities, (47 U.S.C.A. 332 (c)(7)) within certain limitations. Although the County can influence siting and design of personal wireless service facilities, there are limitations as to the County s authority to regulate such facilities. Specifically, the purview of local agencies to apply zoning requirements is limited by the Federal Telecommunications Act as follows: LIMITATIONS. (i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof-- (I) shall not unreasonably discriminate among providers of functionally equivalent services; and (II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services. (ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request. (iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. (iv) 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 (47U.S.C.A. 332 (c)(7)(b)). Denying a carrier the ability to provide full coverage may constitute a prohibition of wireless services with respect to the Federal Telecommunications Act limitations. In the MetroPCS Inc. v. City & County of San Francisco case in 2005, the Ninth Circuit determined that [A] locality can run afoul of the Telecommunications Act effective prohibition clause if it prevents a wireless provider from closing a significant gap in service coverage. Should a local agency deny a facility, and the applicant (carrier) challenges the denial in court, the applicant must show that they 1) are prevented from filling a significant gap in their own service coverage; and 2) their proposed way to fill that significant gap is the least intrusive means. If the applicant makes the above showing, the County, not the carrier, must then show [S]ome potentially available and technologically feasible alternative sites; which close the gap in coverage.

11 Page 11 Federal Shot Clock Ruling November 18, 2009 On November 18, 2009, the Federal Communications Commission adopted and released its Declaratory Ruling concerning provisions in 47 U.S.C. Sections 253 and 332(c)(7), regarding state and local review of wireless facility siting applications. This Declaratory Ruling provided direction that affects the County s processing requirements. The first major part of the Declaratory Ruling defined what is a presumptively reasonable time beyond which a local jurisdiction s inaction on a siting application may constitute a prohibited failure to act under 47 U.S.C. Section 332(c)(7). The FCC found that a reasonable period of time is, presumptively: 90 days to process personal wireless service facility siting applications requesting collocations; and 150 days to process all other applications. These timeframes commence upon application submittal, and if the application is deemed incomplete the deadline is suspended until determination of application completeness. Accordingly, if state or local governments do not act upon applications within those timeframes, then a personal wireless service provider may claim that a prohibited failure to act has occurred and personal wireless service providers may seek redress in court within 30 days, as provided in 47 U.S.C. Section 332(c)(7)(B)(v). The state or local government, however, would have the opportunity to rebut the presumption of reasonableness. The proposed project s shot clock deadline (150 days to process the application) is April 13, Environmental Review 6.0 PROJECT ANALYSIS The proposed project is exempt from environmental review pursuant to Sections [New Construction or Conversion of Small Structures], and [Minor Alterations to Land] of the Guidelines for Implementation of the California Environmental Quality Act (CEQA). Section exempts the construction and location of a limited number of new small facilities or structures. Section exempts minor alterations in the condition of land, water, and/or vegetation which do not involve the removal of healthy, mature, scenic trees except for forestry and agricultural purposes including grading on slopes of less than 10 percent, landscaping, and minor trenching and backfilling where the surface is restored. The proposed project consists of the construction and use of an unstaffed telecommunications facility within an approximately 1,125 sq ft lease area with ground disturbance on slopes of less

12 Page 12 than 10 percent, landscaping, and trenching where the surface is restored. Located within the fenced, locked lease area would be a 50 ft high antenna support structure, 194 sq ft prefabricated equipment shelter, and 78 sq ft concrete slab with a diesel emergency generator and fuel tank mounted on it. The facility is thus considered a new small facility or structure. The proposed trenching for utilities would not require a grading permit; the trench would be backfilled and the surface would be restored. The proposed project would not require the removal of any healthy, mature, or scenic trees. The project occurs on slopes of less than 10 percent; thus it exempt. As a result, the project is exempt from CEQA. Attachment C of this staff report contains the Notice of Exemption. 6.2 Comprehensive Plan Consistency LAND USE ELEMENT Land Use Development Policy 4: Prior to issuance of a development permit, the County shall make the finding, based on information provided by environmental documents, staff analysis, and the applicant, that adequate public or private services and resources (i.e. water, sewer, roads, etc.) are available to serve the proposed development. The applicant shall assume full responsibility for costs incurred in service extensions or improvements that are required as a result of the proposed project. Lack of available public or private services or resources shall be grounds for denial of the project or reduction in the density otherwise indicated in the land use plan. VISUAL RESOURCES POLICIES Visual Resource Policy 2: In areas designated as rural on the land use plan maps, the height, scale, and design of structures shall be compatible with the character of the surrounding natural environment, except where technical requirements dictate otherwise. Structures shall be subordinate in appearance to natural Consistent: The proposed project would not require any additional public or private services. Electricity would be extended to the lease area from a new pole at the western property line, through approximately 125 ft of new underground conduit. Access would continue to be taken from Mora Avenue by an approximately 12 ft wide access easement along the existing paved driveway. No water or sewer services would be required for the proposed project. Therefore, the proposed project is consistent with this policy. Consistent: The subject parcel is located in the Inland, Rural area of the County. The proposed facility would be contained within an approximately 1,125 square foot lease area, enclosed by fencing. The cell tower would consist of a 50-foot monopole designed to appear as a faux-broadleaf tree.

13 Page 13 landforms; shall be designed to follow the natural contours of the landscape; and shall be sited so as to not to intrude into the skyline as seen from public viewing places. Santa Ynez Valley Community Plan Policy VIS-SYV-1: Development of property should minimize impacts to open space views as seen from public roads and viewpoints and avoid destruction of significant visual resources. Santa Ynez Valley Policy VIS-SYV-3: The Dark Sky of the Santa Ynez Valley shall be protected from excessive and unnecessary light associated with new development and redevelopment. Santa Ynez Community Plan Dev Std VIS- SYV-3.1: All new development and redevelopment in the planning area shall be subject to the requirements of the Santa Ynez Valley Outdoor Lighting Ordinance. The antennas would be concealed within the leaves of the tree. The supporting equipment and 11 ft, 6 inch by 16 ft, 10.5 inch (194 sq ft) prefabricated equipment shelter for the proposed facility would be located in the 1,125 sq ft lease area enclosed by the locked perimeter fence. The lease area would contain all of the associated support equipment for the cellular tower, including diesel generator, air conditioning units, GPS antennas, and an ice bridge. The purpose of the proposed facility is not to improve the cellular coverage area; rather, it is to offload capacity from an existing Verizon cell site in the hills south of Lake Cachuma. The existing facility, identified by Verizon as the Santa Ynez gamma sector, is currently at or near its maximum capacity as a result its use by of network users other than Verizon 3. The proposed Verizon at Mora facility would boost the capacity available on the network, so Verizon devices in that area would have full operational abilities. The target area to be covered by this improvement is a low, wide area of the valley floor located along the west side of Highway 154. This is in contrast to a tower designed to improve coverage, which would target a concentrated area immediately surrounding the facility. Technical requirements dictate that wireless facilities be sited in a manner that provides clear lineof-site transmission of signals. Thus, in 3 The applicant has stated that Verizon obtains information about capacity issues by monitoring device performance on its network, and responding to user complaints about service. Capacity issues may only be evident during periods of high traffic.

14 Page 14 order to meet the project s objective, the radio waves emitted by the antenna need to reach out horizontally for a longer distance than a site designed to improve coverage. The lower the tower, the more structures and trees obstruct the signal. The applicant and project engineer have stated that 50 ft is the shortest antenna support structure that would meet the project s objectives (see s dated 2/27/15 and 3/2/15 included in Attachment I). A 50 ft tower would allow a 42 ft antenna centerline, which is necessary to reach all of the area that is affected by decreased capacity. A lower tower (and thus lower antenna centerline) would require more towers to achieve the same objective. Moreover, a lower centerline would increase the electromagnetic emissions (EME) on the ground, potentially above the safe public exposure threshold. A 42 ft centerline accommodates a 35 ft limit for the bottom of antennas, resulting in a site where EME is below the public exposure limits. This height also allows room for future growth. The proposed 50 ft tall monopole would be within the lease area located approximately 566 feet from Mora Avenue and 805 feet from Baseline Avenue, and because of its design as a broadleaf tree, would be only partially visible to passing motorists from both roads. As discussed in Sections 4.1 and 6.4 of this staff report, the proposed project was

15 Page 15 conceptually reviewed by the CBAR on December 12, 2014, January 16, 2015, and February 13, The CBAR concurred that for a 50 ft tall monopole, a proposed faux broadleaf tree would be the most appropriate antenna support structure for the location to visually blend the facility into the existing rural, agricultural setting and to lessen its impact on public views. The proposed generator and equipment shelter would not be visible from public viewing places (Mora and Baseline Avenues). The equipment shelter would be painted a non-reflective earth-toned color to blend in with the surrounding natural environmental and be compatible with the existing structures on site. Additionally, new vegetative landscaping (privet hedge or other CBAR-approved plant) would be planted along the north side of the shelter to shield the shelter and security light from the residence to the north. The security light would be downward facing and Dark Sky compliant consistent with the requirements of Santa Ynez Valley Community Plan Dev Std VIS-SYV-3.1. As suggested by the CBAR, the security fencing around the lease area would be no-climb hog wire or other horse-compatible fencing to blend with the setting. The project is conditioned to require final review and approval by the Central Board of Architectural Review (condition no. 3). This condition further ensures neighborhood compatibility. Conditions no. 10 and 12

16 Page 16 require that the antennas and support structure be finished in non-reflective materials, that the equipment shelter be finished in a brown non-reflective material, and that the faux tree be designed with faux bark on its trunk, and that the antennas are completely concealed within the crown of the tree. Condition no. 13 requires that the exterior security light is shielded, downward facing and Dark Sky compliant, and complies with CBAR-approved plans. Conditions no. 4 and 11 require that the existing, on-site vegetation as well as the proposed hedge must be preserved for the life of the project. Condition no. 20 requires that the entire facility must be maintained in good repair for the life of the project. Visual Resource Policies, Policy 5: Utilities, including television, shall be placed underground in new developments in accordance with the rules and regulations of the California Public Utilities Commission, except where cost of undergrounding would be so high as to deny service. Therefore, the proposed project is consistent with these policies. Consistent. Condition no. 14 requires that power and telephone utility service lines for the proposed project are placed in underground conduits. Therefore, the proposed project is consistent with this policy. HILLSIDE AND WATERSHED PROTECTION POLICIES Hillside and Watershed Protection Policy 1: Plans for development shall minimize cut and fill operations. Plans requiring excessive cutting and filling may be denied if it is determined that the development could be carried-out with less alteration of the natural terrain. Hillside and Watershed Protection Policy 2: All developments shall be designed to fit the site Consistent: The proposed project would fit the existing level site topography, requiring minimal ground disturbance for site preparation and utility trenching (less than 50 cubic yards). Installation of the proposed antenna support structure would require minor excavation for the footings. The proposed diesel generator

17 Page 17 topography, soils, geology, hydrology, and any other existing conditions and be oriented so that grading and other site preparation is kept to an absolute minimum. Natural features, landforms, and native vegetation, such as trees, shall be preserved to the maximum extent feasible. Areas of the site which are not suited to development because of known soil, geologic, flood, erosion or other hazards shall remain in open space. Hillside and Watershed Protection Policy 6: Provisions shall be made to conduct surface water to storm drains or suitable watercourses to prevent erosion. Drainage devices shall be designed to accommodate increased runoff resulting from modified soil and surface conditions as a result of development. Water runoff shall be retained onsite whenever possible to facilitate groundwater recharge. Santa Ynez Valley Community Plan DevStd WW-SYV-2.6: Development shall be designed to reduce runoff from the site by minimizing impervious surfaces, using pervious or porous surfaces, and minimizing contiguous impervious areas. Hillside and Watershed Protection Policy 7: Degradation of the water quality of groundwater basins, nearby streams, or wetlands shall not result from development of the site. Pollutants, such as chemicals, fuels, lubricants, raw sewage, and other harmful waste, shall not be discharged into or along coastal streams or wetlands either during or after construction. would be placed on a concrete slab foundation requiring minor excavation. Grading requirements would not substantially alter existing topography. No trees, native or non-native, would be affected by the proposed project, and natural landforms would be preserved. Therefore, the proposed project is consistent with these policies. Consistent: Impervious surfaces associated with the proposed project have been minimized to the maximum extent possible, and would be limited to the 78 sq ft concrete slab within the lease area and the 194 sq ft prefabricated equipment shelter, which are not contiguous. Water runoff from the shelter and slab would recharge into the immediately surrounding, unpaved pasture and gravel base driveway. Therefore, the proposed project is consistent with this policy and development standard. Consistent: No pollutants such as chemicals, fuels, lubricants, raw sewage, or other harmful waste would be associated with the proposed project. There are no streams or wetlands in the proposed area of development. The nearest creek, an unnamed blue line ephemeral, seasonal drainage, is located at the extreme northwest corner of the parcel approximately 150 feet northwest of the proposed Verizon lease

18 Page 18 Historical and Archaeological Policy 2: When developments are proposed for lots where archaeological or other cultural sites are located, project design shall be required which avoids impacts to such cultural sites if possible. Santa Ynez Valley Community Plan Policy HA-SYV-1: Archaeological resources shall be protected and preserved to the maximum extent feasible. Santa Ynez Valley Community Plan Policy HA-SYV-2: Historic resources shall be protected and preserved to the maximum extent feasible. NOISE ELEMENT Noise Element Policy 1: In the planning of land use, 65 db Day-Night Average Sound Level should be regarded as the maximum exterior noise exposure compatible with noise-sensitive uses unless noise mitigation features are included in project designs. area. Condition no. 9 requires designation of an equipment washout area to prevent any construction-associated runoff from draining towards the ephemeral drainage. The proposed 132 gallons of diesel fuel associated with the emergency generator would be stored in a double-walled, bulletproof tank located inside an approximately 21 sq. ft. enclosure, mounted on a concrete pad. In the event of an accidental spill, the fuel would be contained within the enclosure on the concrete pad and would not be discharged off site. Therefore, the proposed project is consistent with this policy. Consistent: Based on records on file at P&D and a site visit by Joyce Gerber, M.A., RPA, Staff Archaeologist, there are no known cultural resources sites located in the project area. Minimal ground disturbance (less than 50 cu. yd.) is proposed for utility trenching and site preparation. The project has been conditioned to require the owner/applicant and/or their agents, representatives or contractors to stop or redirect work immediately in the event archaeological remains are encountered during grading, construction, landscaping, or other construction-related activities (condition no. 5). Therefore, the proposed project is consistent with these policies. Consistent: As discussed in Section 4.3 of this Staff Report, the Environmental Noise Analysis for the proposed project identified the nearest noise-sensitive receivers as single family dwellings located between approximately 190 ft and 350 ft from the

19 Page 19 Santa Ynez Valley Community Plan Policy LUG-SYV-7: The public shall be protected from noise that could jeopardize health and welfare. proposed wireless facility. The primary sources of long-term noise generated by the proposed project would be two air conditioning units mounted on the outside of the equipment shelter (to intermittently cool the telecommunications equipment located within the equipment storage shelter), and a diesel-powered standby generator for use in the event of a power failure. The air conditioning units are installed as a pair for redundancy, so both would not operate simultaneously. The generator would also operate approximately 15 minutes per week for routine maintenance. The results of the Noise Analysis indicate that the simultaneous operation of the air conditioning unit and generator would result in a noise level of less than the County s threshold of 65 db for exterior residential noise at the nearest property line. To further ensure that adjacent properties are not impacted by the proposed project, condition no. 6 would limit non-emergency (maintenance) usage of the back-up generator to a maximum of 15 minutes per week between the hours of 8:00 a.m. and 5:00 p.m. The proposed project would have the potential to create short-term constructionrelated noise impacts to neighboring residences during construction. Condition no. 7 would limit construction activities to the hours of between 7:00 a.m. and 4:00 p.m. Monday through Friday. No construction would be permitted to occur on weekends or State holidays. With the application of these

20 Page 20 Santa Ynez Valley Community Plan Policy BIO-SYV-1: Environmentally sensitive biological resources and habitat areas shall be protected and, where appropriate, enhanced. BIOLOGICAL RESOURCES POLICIES Santa Ynez Valley Community Plan Policy BIO-SYV-8: Native protected trees and nonnative specimen trees shall be preserved to the maximum extent feasible. Non-Native specimen trees are defined for the purposes of this policy as mature trees that are healthy and structurally sound and have grown into the natural stature particular to the species. Native or non-native trees that have unusual scenic or aesthetic quality, have important historic value, or are unique due to species type or location shall be preserved to the maximum extent feasible. conditions, the proposed project would not cause any significant long-term, or construction related noise impacts to the surrounding area. Therefore, the proposed project is consistent with this policy. Consistent: The proposed project area does not contain any sensitive biological resources or habitat areas. Therefore, the proposed project is consistent with this policy. Consistent: No trees would be affected by the proposed project. There are no trees within the project area, and no tree roots would be cut or affected by trenching for the utility conduit. Therefore, the proposed project is consistent with this policy.

21 Page Zoning: Land Use and Development Code Compliance Tier 4 Requirements (LUDC Section C.4.a) Standards for Tier 4 projects, facilities that are not allowed in compliance with Tier 1 through Tier 3. Wireless telecommunication facilities that may not be permitted in compliance with Subsections C.1 through C.3 above may be allowed provided the height of the antenna and associated antenna support structures shall not exceed 75 feet in the Coastal Zone, and 100 feet in Inland areas. Section D.1 Development Standards Standard 1.a. The facility shall comply with the setback requirements of the zone in which the facility is located except as follows (LUDC Section B Table 2): (1) Antennas may be located within the setback area without approval of a modification in compliance with Subsection I or Subsection H (Conditions, restrictions, and modifications) provided they are installed on an existing, operational, public utility pole, or similar existing support structure. (2) Underground equipment (e.g., equipment cabinet) may be located within the setback area and rights-of-way provided that no portion of the facility shall obstruct existing or proposed sidewalks, trails, and vehicular ingress or egress. Consistent: The subject parcel is located within the inland area of the County. The highest portion of the proposed facility would be the top of the proposed faux broadleaf tree branches, which would be at 50 ft above grade. The antennas would be mounted at 42 ft above grade on a hardware kit attached to the antenna support structure. Therefore, the proposed project is consistent with this standard. Consistent: The setback requirements for the AG-I-10 zone district are as follows: front yard 50 ft from road centerline and 20 feet from edge of road right-of-way; side & rear yard (lots of greater than 1 acre) - 20 ft from property line. The proposed project would be set back approximately 566 feet from the edge of the Mora Avenue right-of-way (front yard), 20 feet and 235 feet from the side yard property lines, and feet from the rear property line. Thus the proposed project complies with the setback requirements for the AG-I-10 zone district. No underground equipment is proposed, and no setback modifications are necessary. Therefore, the proposed project is consistent with this standard.

22 Page 22 (3) A modification to the setback is granted in compliance with Subsection I Conditions, restrictions, and modifications), or Section H (Conditions, restrictions, and modifications). Standard 1.b. In the Inland area antennas and associated antenna support structures (e.g., lattice towers, monopoles) are limited to 100 feet in height and shall comply with the height limits specified in Subsection C. (Processing) above. (1) Antennas used in connection with wireless communication facilities may exceed 100 feet in height provided: (a) The antenna is mounted on or within an existing structure and the highest point of the antenna does not protrude above the highest point of the structure, including parapet walls and architectural façades, that the antenna is mounted on; or, (b) The antenna is mounted on an existing, operational public utility pole or similar support structure (e.g., street light standard), as determined by the Director provided the highest point of the antenna does not exceed the height of the existing utility pole or similar support structure that it is mounted on. Standard 1.d. The general public is excluded from the facility by fencing or other barriers that prevent access to the antenna, associated Consistent: The highest portion of the proposed facilities would be the top of the proposed faux broadleaf tree branches, which would be at 50 ft above grade. Therefore the facility would comply with the 100 ft height limit requirement, as well as the height requirement in Subsection C Processing, of the Commercial Telecommunications Facilities requirements (LUDC ). Consistent: As stated in the project description and shown in project plans received January 8, 2015 (Attachment D of

23 Page 23 antenna support structure, and equipment shelter. Standard 1.e. Facilities proposed to be installed in or on a structure or site that has been designated by the County as a historical landmark shall be reviewed and approved by the Historical Landmark Advisory Commission, or the Board on appeal. Standard 1.f. The facility shall comply at all times with all Federal Communication Commission rules, regulations, and standards. Standard 1.g. The facility shall be served by roads and parking areas consistent with the following requirements: (1) New access roads or improvements to existing access roads shall be limited to the minimum required to comply with County regulations concerning roadway standards and regulations. (2) Existing parking areas shall be used whenever possible, and new parking areas shall not exceed 350 square feet in area. (3) Newly constructed roads or parking areas this staff report), the proposed lease area would be fenced and locked to prevent unauthorized access. The ground-mounted equipment would be completely secured and would therefore be inaccessible to the public. Therefore, the proposed project is consistent with this standard. Consistent: The proposed project is not located in or on a designated historical landmark. Therefore, the proposed project is consistent with this standard. Consistent: A radiofrequency emissions report submitted as part of the project application (Sitesafe Inc., June 19, 2014) concludes that the proposed facilities would meet the FCC requirements. As a part of the project, a verification measurement report would be required within 30 days of final building clearance to confirm adherence to these requirements (condition no. 15, FCC Compliance ). Consistent: The proposed facility would be accessed by an approximately 12 ft easement over an existing private unpaved driveway at Mora Avenue. The existing roadway infrastructure is adequate to serve the proposed project. Parking for maintenance activities would be provided on the subject lot on the existing gravel driveway. No new parking area would be required. Therefore, the proposed project is consistent with this development standard.

24 Page 24 shall, whenever feasible, be shared with subsequent telecommunication facilities or other allowed uses. Standard 1.h. The facility shall be unlit except for the following: (1) A manually operated light or light controlled by motion-detector that includes a timer located above the equipment structure door that shall be kept off except when personnel are present at night. (2) Where an antenna support structure is required to be lighted, the lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of light that falls onto nearby residences. Standard 1.i. The facility shall not be located within the safety zone of an airport unless the airport operator indicates that it will not adversely affect the operation of the airport. Standard 1.j. The visible surfaces of support facilities (e.g., vaults, equipment rooms, utilities, equipment enclosures) shall be finished in non-reflective materials. Consistent: With the exception of a manually operated security light, no exterior lighting is proposed. The proposed project is conditioned to require the leased premises to be unlit except for a manually operated light that limits lighting to the area of the equipment in the immediate vicinity of the antenna support structure. The light fixture would be fully shielded, fully cut off and downcast so as to avoid spillage onto adjacent areas and shall be kept off except when maintenance personnel are actually present at night (condition no. 13). Additionally, landscaping would be installed between the light and the nearest residence (on the parcel to the north) as required by the Board of Architectural Review, to shield the residence from the light (condition no. 3). The landscaping would be required to be maintained for the life of the project (condition no. 11). Therefore, the proposed project is consistent with this standard. Consistent: The facility is not located within any airport safety zone. Therefore, the proposed project would comply with this standard. Consistent: The antennas, mounting brackets and radios would be painted with nonreflective paint or other non-reflective finish to blend in with the faux broadleaf tree design, and the equipment shelter would be covered with a non-reflective earth-tone finish.