HomeMy WebLinkAboutItem 3 - Reso 1970DATE: August 23, 2016
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Jeff Hamilton, Contract Planner
SUBJECT: RESOLUTION NO. 1970 – APPROVING CONDITIONAL USE PERMIT
NO. CUP 15-03, ARCHITECTURAL DESIGN REVIEW NO. ADR 15-06,
AND WIRELESS REGULATION WAIVER REQUEST NO. W 15-01 WITH
A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE REVISED
PROPOSAL FOR A NEW WIRELESS COMMUNICATION FACILITY
HOUSED IN A 53’-0” TALL FAUX BELL TOWER STRUCTURE IN THE
SOUTHEASTERLY PORTION OF THE PARKING LOT AT THE CHURCH
OF THE TRANSFIGURATION PROPERTY AT 1881 S. FIRST AVENUE
Recommendation: Adopt Resolution No. 1970
SUMMARY
The applicant, Verizon Wireless, is proposing to construct a new, unmanned, wireless
communications facility on an R-1 zoned church property. The proposed project is
subject to approval of a Conditional Use Permit and Architectural Design Review for a
new standalone wireless facility, and a Wireless Regulation Waiver to allow the facility
on an R-1 zoned property. Construction of a new utility facility is exempt from the
California Environmental Quality Act (CEQA).
Initially, the design for the wireless facility was to be camouflaged as a 53’-0” tall faux
eucalyptus tree and a concrete block equipment enclosure. The application and waiver
request were denied by the Planning Commission on March 22, 2016. The grounds for
denial included findings that the design of the proposed project did not satisfy various
aesthetic and visual standards for conditional use permit and architectural design review
approvals in the R-1 zone and that the applicant had not satisfied the conditions for a
waiver request. The applicant subsequently filed an appeal to City Council, the hearing
of which was deferred by mutual agreement to allow the applicant additional time to
investigate alternatives. On July 29, 2016, the applicant submitted a revised application
with a new design for the proposed facility on the church property, enclosing it within a
new 53’-0” tall, faux bell tower, and with updated information to support the waiver
request, including an analysis of a small cell network alternative. It was determined that
the revised application should be reviewed by the Planning Commission rather than the
City Council, and the applicant agreed to this process. It is recommended that the
Planning Commission approve the proposed project, subject to the conditions listed in
this staff report, and adopt Resolution No. 1970 (Attachment No. 1).
Resolution No. 1970 - CUP 15-03, ADR 15-06, & W 15-01
Revised Proposal - Faux Bell Tower
1881 S. First Avenue
August 23, 2016 - Page 2 of 14
BACKGROUND
The Church of the Transfiguration owns the three-acre site at the intersection of First
and Lemon Avenues. The property is zoned R-1, Second One-Family Residential – see
Attachment No. 4 for an Aerial Photo with Zoning Information. The General Plan Land
Use Designation of the site is Low-Density Residential. Sections 9288.6 and 9288.8 of
the Arcadia Municipal Code allow wireless communication facilities at this property with
a Waiver.
The proposed project was initially for a facility camouflaged as a eucalyptus tree, and
was considered by the Planning Commission at public hearings on January 12, and
March 22, 2016. At those hearings, testimony was received from the public, including
expressions of support and opposition. Following discussion, the Commission voted 4-0
with one Commissioner absent, to adopt Resolution No. 1952 (Attachment No. 2) to
deny Conditional Use Permit No. CUP 15-03, Waiver Request No. 15-01, and
Architectural Design Review No. 15-06 for the proposed eucalyptus facility at the
hearing of March 22, 2016. In summary, the Planning Commission found that:
• the project would not blend into the environment;
• the project was not effectively camouflaged as a tree;
• the site was not adequate in size and shape to accommodate the use;
• the facility would not contribute to a positive physical image or identity of the
single-family area surrounding the site;
• the facility would not enhance the visual environment or character of the
community;
• the project was inconsistent with Policy LU-1.5 and LU-3.5 of the General Plan;
and
• denying the Waiver would not have the effect of prohibiting the provision of
wireless communications services as defined in the United States
Telecommunications Act of 1996 and as referenced in Arcadia Municipal Code
Section 9288.8.
The applicant filed an appeal on March 29, 2016. After that filing, the applicant sought
additional time to investigate alternative designs for the proposed facility at the church
site and to investigate the alternative of installing a small cell network in the area. The
City and the applicant agreed to defer the hearing of the appeal to allow this additional
investigation, with the understanding that if, as a result of this further investigation, the
application is substantially revised in a manner that warrants further review by the
Planning Commission, the new proposal would be reviewed by the Planning
Commission. On July 29, 2016, the applicant submitted a revised proposal to replace
the monopole disguised as a eucalyptus tree with a faux bell tower next to the church
Resolution No. 1970 - CUP 15-03, ADR 15-06, & W 15-01
Revised Proposal - Faux Bell Tower
1881 S. First Avenue
August 23, 2016 - Page 3 of 14
administration building. The City and the applicant agreed that the revised application
warranted further review by the Planning Commission.
REVISED PROPOSAL
In response to comments
expressed by the public and
the Planning Commission
that the faux eucalyptus tree
would not blend into the
existing environment and
would not enhance the
visual environment, the
applicant has revised the
proposal to house the
wireless communications
facility in a faux bell tower. The new tower will be 53’-0” tall; the faux eucalyptus tree
would also have been 53’-0” in height. The applicant proposes to construct the tower in
the southeastern portion of the Church parking lot – see Attachment No. 5 for the
proposed design plans. The tower will be approximately 20’-0” on each side, with a 400
square-foot footprint. The antennae, mechanical and electronic equipment will be inside
the tower. The proposed facility will result in the loss of three parking spaces adjacent to
the church administration building, leaving 48 spaces. New wireless communications
facilities such as this proposal are subject to Architectural Design Review to ensure that
the facility blends in with its surroundings.
Although wireless communications facilities
are prohibited in the R-1 zone, the applicant
has filed for a Waiver of the prohibition as
provided for by Section 9288.8 of the Arcadia
Municipal Code.
Resolution No. 1970 - CUP 15-03, ADR 15-06, & W 15-01
Revised Proposal - Faux Bell Tower
1881 S. First Avenue
August 23, 2016 - Page 4 of 14
ANALYSIS
The applicant has provided all of the required plans and supplemental documents
required by the City’s Wireless Communication Facilities Ordinance, including an
updated wireless regulation waiver request - see Attachment Nos. 6, 7 and 8, which
include the following:
• A Visual Impact Analysis of the proposal, and photos of existing small right-of-
way antenna installations;
• A map identifying the applicant’s existing wireless facilities in the vicinity;
• A coverage assessment showing current wireless coverage in the vicinity, and
anticipated wireless coverage following construction of the proposed project;
• An FCC/Signal Standards Report certified by a licensed radio frequency engineer
stating that electromagnetic (EM) emissions from the proposed facility will neither
exceed standards set by the Federal Communications Commission (FCC), nor
interfere with any fire, police or other emergency communications system; and
• A written assessment of potential available alternatives to co-locate at an existing
facility within the vicinity of the project location, and an explanation of why these
options are infeasible.
The proposed location in the southerly portion of the parking lot of the Church minimizes
the visibility of the facility from neighboring streets – refer to Attachment No. 6: Visual
Impact Analysis. The proposed faux bell tower will hide the antennae, and the
accessory electrical and mechanical equipment.
The 53’-0” tall faux bell tower will be approximately 20 feet from the Arcadia Christian
School property to the south, 130 feet from the closest residence to the west, and
approximately 210 feet from the closest residence to the north. The proposed
communications equipment is to be camouflaged in a faux bell tower to help it blend in
with the existing church buildings on the property. The applicant is also proposing to
plant a new Crape Myrtle street tree on Lemon Avenue just north of the parking lot, near
an existing Crape Myrtle, to enhance the site.
The equipment will generate essentially no noise during normal operations. Should
power to the site fail, an emergency generator will operate to provide electricity during
the outage. Data provided by the applicant show that the generator will create an
average noise level of approximately 71 dB(A) which, according to the City’s Noise
Element, is comparable to the noise of a vacuum cleaner. The generator will only
operate during temporary power outages. At the closest house to the tower, the
estimated noise level would be approximately 36 dB(A), which, according to the City’s
Noise Element, would be well below the ambient noise level in a suburban area and
similar to the noise level inside a library. Even when the emergency generator is
operating, staff does not believe that the noise generated would exceed what is allowed
Resolution No. 1970 - CUP 15-03, ADR 15-06, & W 15-01
Revised Proposal - Faux Bell Tower
1881 S. First Avenue
August 23, 2016 - Page 5 of 14
by the Noise Element of the General Plan or cause significant harm to the health, safety
or general welfare of the neighborhood.
Concerns were expressed at the previous public hearings about the safety of the faux
eucalyptus during earthquakes or high winds. Construction of the faux bell tower will
have to comply with the California Building Code (CBC), which uses a 110 m.p.h. wind
speed to establish wind loads. Compliance with the CBC will ensure that the tower can
withstand high winds as well as earthquake shaking. The City’s Safety Element shows
that the site is not located in an area subject to liquefaction, nor is it within a known
earthquake fault zone. The applicant has also submitted a geotechnical study which
determined the project is not within either a fault or liquefaction zone. The City’s
Building Official reviewed the study and determined that exceptional or unusual
construction techniques are not required to meet the CBC.
The proposed location of the tower would require review by an arborist, at the
applicant’s expense, to confirm that the tower will not harm the oaks located along the
southerly property line.
The Church has been placing trash bins on the parking lot unscreened from view. In
addition, there is a large storage container situated to the south of the southerly building
on the property, next to the parking area. As conditions of approval, it will be required
that a trash enclosure meeting City standards be constructed on the property, and that
the storage container be removed if its use conflicts with the new location of the tower
near the church administration building.
Because the proposed location of the tower will result in the loss of three parking
spaces, staff recommends a condition of approval requiring the applicant to prepare a
revised parking lot plan that provides three replacement parking spaces if possible. It
appears that there is room in the large paved lot to provide additional parking spaces.
Since the project is not anticipated to add to the parking demand, no additional parking
spaces are required.
Architectural Review
The proposed faux bell tower is designed in a Mediterranean style to match the style of
the existing buildings on the property. The tower will have plastered walls painted to
match the color of the existing buildings. The proposed roof will be Spanish tile in
appearance to match the tile roof of the existing buildings. Additional detailing such as
pilasters on the east and west elevations, simulated wood panels, wrought iron fencing
at the base, openings styled to look like the windows on the existing structures, and the
vents under the eaves all combine to enhance the overall appearance and design
compatibility of the structure.
Bell towers and steeples are a common feature of churches. Examples can be found at
other locations in the city, such as Holy Angels Roman Catholic Church, Our Lady of the
Angels Church, and Hope International Church (see Attachment 4: Aerial Photo with
Zoning Information, Photos of the Subject Property and Photos of Other Churches). In
each of the examples, the towers are taller than the adjacent church buildings. The
Resolution No. 1970 - CUP 15-03, ADR 15-06, & W 15-01
Revised Proposal - Faux Bell Tower
1881 S. First Avenue
August 23, 2016 - Page 6 of 14
tower at Holy Angels Roman Catholic Church is less than three times the height of the
adjacent building (92’ vs. 33’). The tower at Hope International Church is approximately
twice as tall as the adjacent building (66’ vs. 33’). The proposed faux bell tower will be
53’-0” tall, just over twice as tall as the adjacent administrative building that is
approximately 23’ tall; therefore the proportion of the height of the new tower to the
adjacent building is consistent with other churches in the City. The height and size of
the proposed tower, along with the design, color and features of the structure, are an
integral part of the concealment elements of the wireless facility.
The proposed tower appears to be well designed and incorporates necessary finishes
and detailing to be compatible with the adjacent church buildings. As such, it appears to
be a significant aesthetic improvement over the previously proposed faux eucalyptus
tree.
Waiver
Although Section 9288.6(a)(2) of the Arcadia Municipal Code prohibits the installation of
all wireless communications facilities in R-1 zones, Section 9288.8 allows for waiver of
the prohibition, if the applicant demonstrates that such restriction or requirement either:
1) Prohibits or has the effect of prohibiting the provision of wireless
communications services pursuant to the United States Telecommunications
Act of 1996 (47 U.S.C. §332(c)(7)(B)(i)(II)); or
2) Unreasonably discriminates against the applicant when compared to other
providers within the City who are providing functionally equivalent wireless
communication services pursuant to the United States Telecommunications
Act of 1996 (47 U.S.C. §332(c)(7)(B)(i)(II)).
If the applicant provides information that demonstrates either of these provisions should
apply, the presumption is that a waiver will be approved.
The applicant’s initial waiver request was based on finding no. 1. As required by Section
9288.8(b) of the Arcadia Municipal Code, an independent, qualified consultant reviewed
the initial Waiver Request. The reviewer’s report (Attachment No. 9: Waiver Request
Evaluation Report) evaluated the alternate site information and the proposed coverage
improvement. The reviewer expressed the opinion that the applicant exercised due
diligence in seeking alternative locations, and that the proposed site will fill an existing
gap in coverage. The applicant’s initial waiver request was denied by the Planning
Commission in part because it was not clear that the gap in personal wireless services
was significant and during the public hearing of March 22, 2016, the applicant’s
representative stated that an alternative to the proposed eucalyptus tree was the
installation of a series of small antenna facilities on poles in the public rights-of-way, but
that alternative had not been addressed in the applicant’s alternatives analysis.
The applicant has filed a revised waiver request, again based on finding no. 1 – refer to
Attachment No. 8: Wireless Regulation Waiver Request. In support of the request, the
application includes existing and proposed radio frequency propagation maps that the
Resolution No. 1970 - CUP 15-03, ADR 15-06, & W 15-01
Revised Proposal - Faux Bell Tower
1881 S. First Avenue
August 23, 2016 - Page 7 of 14
applicant claims show a significant gap in service. It also includes a written statement by
a Radio Frequency Design Engineer employed by the applicant which describes the
gap as being significant as it affects fourth-generation, long-term evolution (LTE) in-
building coverage in an area roughly bounded by La Sierra Drive to the north, Fourth
Avenue to the northeast, Sixth Avenue to the southeast, the Longden Avenue area to
the south, and El Monte Avenue to the west, and including residential areas along
Santa Anita Avenue. The statement further indicates the subject site will provide new
reliable LTE service to an area of approximately 1.3 square miles and a population of
31,000 residents.
The revised waiver request also describes the effort to find locations to address the
significant gap, including a new analysis of a small cell facilities network alternative (see
Attachment No. 8 for discussion of this alternative), and purports to demonstrate that
the subject site is the means of addressing the gap that is least intrusive on the values
that the restriction sought to serve.
With respect to the small cell network alternative, according to the applicant, multiple
facilities would be required to provide similar coverage as a tower at the church site.
The applicant indicated that at least ten small cell facilities comprised of two- to four-
foot antennas mounted on utility poles as well as equipment cabinets mounted on the
pole and on the ground adjacent to the pole would be required in residential areas with
yards abutting the curb with no sidewalk or visibly public space for ground-mounted
equipment. See Attachment No. 6 for sample photos of existing small cell installations.
The applicant evaluated a network of ten locations in the rights-of-way for installation on
streetlight or power poles and concluded that such a network would provide inferior
coverage compared to the proposed bell tower design at the church site and could not
be considered a less intrusive and feasible alternative to the proposed tower due to the
number of sites needed and their locations.
Without further technical analysis, it is impossible for staff to confirm how extensive a
small cell network would need to be to achieve comparable coverage. However, even at
ten small cell sites, this alternative would be more intrusive than subject bell tower
because the antennae and equipment cabinets placed on utility poles and on the
ground in parkways would be aesthetically unpleasing (with little opportunity for effective
concealment), add clutter to the streetscape and the parkways, and may hinder
sidewalk access in some cases. Additionally, there is concern that once installed, the
wireless facilities at these multiple sites may need to be expanded in the future.1
Furthermore, to expand the network to more sites on more streets (if that were required
to achieve comparable coverage) may require putting equipment on streets that
currently do not have streetlight or power poles in the rights-of-way, so new poles may
have to be installed. Many of the streets also do not have sidewalks, so the poles would
1 Due to recent developments in federal law and FCC regulations, local approval of certain types of
expansions is mandatory. For example, FCC rules implementing 47 USC §1455 mandate approval of
“eligible facilities requests” which in the public right-of-way can include an increase in height of up to 10
feet or 10% (whichever is greater) and an increase in width of up to 6 feet from the edge of the structure,
as well as up to 10% larger ground cabinets.
Resolution No. 1970 - CUP 15-03, ADR 15-06, & W 15-01
Revised Proposal - Faux Bell Tower
1881 S. First Avenue
August 23, 2016 - Page 8 of 14
essentially be in the front yards of homes. For all of these reasons, staff agrees that
the small cell network alternative should be rejected in this instance.
Based on all the evidence, including that provided by the applicant and the independent
reviewer, staff believes the applicant has demonstrated that there is a significant gap in
service and that the proposed faux bell tower will fill this gap using the least intrusive
means, and as a result, the project meets the Municipal Code standards for approval of
the Waiver Request from the R-1 zoning prohibition of wireless facilities.
Federal and State Rules for Timely Processing of Wireless Applications
On March 29, 2016, the applicant filed an appeal of the Planning Commission’s denial
of its initial application. Arcadia Municipal Code Section 9295.16(B) requires that an
appeal hearing be scheduled not more than 40 calendar days after filing of the appeal.
In addition, federal and state law and FCC orders have established certain time limits
for processing applications for wireless telecommunications facilities, appeal rights, and
remedies for failures to act within the time periods. Federal law (47 USC §
332(c)(7)(B)(v)) permits any person adversely affected by any “final action” or “failure to
act” on a wireless application, to commence an action in any court of competent
jurisdiction within 30 days after such action or failure to act.
The applicant requested additional time to prepare for the appeal hearing, and without
waiving any claims or making any admissions, the City and the applicant entered into a
letter agreement dated May 5, 2016, which established by mutual written agreement
July 19, 2016 as the date to hold an appeal hearing before the City Council and August
16, 2016 as the earliest date to commence the applicable 30 day limitations period for
any action brought by the applicant under 47 USC § 332(c)(7)(B)(v). By letter
agreement dated July 15, 2016, the dates were further revised and extended to allow
the Planning Commission to review the revised application. The parties have agreed
that the earliest date to commence the applicable 30 day limitations period for any
action brought by the applicant under 47 USC § 332(c)(7)(B)(v) is the earlier to occur of:
a) the date 5 days after Planning Commission decision (if no appeal filed), b) the date
City Council issues a written decision on any appeal if applicable, or c) October 4, 2016.
This means the Planning Commission decision on the revised application, any appeal to
the City Council, and the issuance of a final written decision on any appeal must be
completed by October 4, 2016.
Federal Preemption Related to Health Effects
There are significant federal limitations on local authority to regulate siting of wireless
communications facilities based on concerns about environmental effects of radio
frequency emissions. Federal law provides:
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
Resolution No. 1970 - CUP 15-03, ADR 15-06, & W 15-01
Revised Proposal - Faux Bell Tower
1881 S. First Avenue
August 23, 2016 - Page 9 of 14
that such facilities comply with the [Federal Communication] Commission's
regulations concerning such emissions (47 U.S.C. § 332(c)(7)(B)(iv))
The revised application contains a satisfactory demonstration that the proposed facilities
will comply with FCC standards – see Attachment 7.
FINDINGS
A. Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions
can be satisfied:
1. That the granting of such Conditional Use Permit will not be detrimental to
the public health or welfare or injurious to the property or improvements in
such zone or vicinity.
The applicant has prepared the required health and safety studies showing that
the proposed wireless facility will not be detrimental to the public health. The
facility is located on private property and is approximately 130 feet from the
nearest residence. The 53’-0” faux bell tower will be compatible with the overall
design and site planning of the church. The wireless communications facility will
be camouflaged as a faux bell tower to blend into the environment. As such, the
proposal will not be detrimental to the public health or welfare or injurious to the
other properties in the area.
2. That the use applied for at the location indicated is properly one for which
a Conditional Use Permit is authorized.
The zoning of The Church of the Transfiguration property is R-1, Second One-
Family Zone. Arcadia Municipal Code Sections 9288.6 and 9288.8 authorize a
standalone wireless facility at the proposed location, subject to approval of a
Conditional Use Permit, Architectural Design Review, and a Wireless Regulation
Waiver.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, spaces, walls, fences, parking,
loading, landscaping, and other features required to adjust said use with
the land and uses in the neighborhood.
The proposed location is an approximately 400 square-foot portion of an existing
parking lot serving the Church. The site is adequate in size and shape to
accommodate the proposed wireless facility, and only minor adjustments to the
site are necessary to improve the aesthetics of the site. The applicant will be
required as conditions of approval to provide a trash enclosure, and restripe the
parking lot to provide as many replacement parking spaces as possible.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use.
Resolution No. 1970 - CUP 15-03, ADR 15-06, & W 15-01
Revised Proposal - Faux Bell Tower
1881 S. First Avenue
August 23, 2016 - Page 10 of 14
The Church of the Transfiguration property is accessed from First and Lemon
Avenues. These streets are adequate in width and pavement type to carry the
traffic generated by the current and proposed uses. The proposed project, as an
unmanned wireless facility, will require only occasional access for maintenance
after construction, and will have no impact on the surrounding streets.
5. That the granting of such Conditional Use Permit will not adversely affect
the comprehensive General Plan.
The General Plan Land Use Designation of the subject site is Low-Density
Residential. Approval of the new, unmanned, wireless communications facility
will not adversely affect the religious activities at the location, or create visual
impacts since the proposed facility will be camouflaged as a bell tower and will
be compatible in design and scale with the existing buildings on the property. In
particular, the height and size of the tower, as proposed, are designed to be
proportionate in size and scale to the adjacent building, and along with the
design, color and features of the structure, serve to enhance the compatibility of
the tower with the adjacent buildings. As such, the proposal will not adversely
affect the comprehensive General Plan.
B. Arcadia Municipal Code section 9288.8 allows for waiver of the prohibition of new
wireless communication facilities in the R-1 zone, if the applicant demonstrates that
such restriction or requirement either:
1. Prohibits or has the effect of prohibiting the provision of wireless
communications services pursuant to the United States
Telecommunications Act of 1996 (47 U.S.C. §332(c)(7)(B)(i)(II)); or
2. Unreasonably discriminates against the applicant when compared to other
providers within the City who are providing functionally equivalent wireless
communication services pursuant to the United States
Telecommunications Act of 1996 (47 U.S.C. §332(c)(7)(B)(i)(II)).
The applicant has filed a Waiver Request based on Finding No. B.1. In support of
the request, the application includes the existing and proposed radio frequency
propagation maps that show the gap in service being filled by the proposed
facility at the subject location. The application also describes the effort to find
alternative locations to the site, and that this is the least intrusive, feasible site.
Based on the information provided, and as confirmed by a review by an
independent, third party consultant hired by the City, the evidence shows that the
applicant has demonstrated that there is a significant gap in the applicant’s
service, the proposed faux bell tower facility is the least intrusive means to
address that gap in the R-1 residential area, and that denying the waiver would
have the effect of prohibiting the provision of wireless communications services
as defined in the United States Telecommunications Act of 1996 (47 U.S.C.
§332(c)(7)(B)(i)(II)).
Resolution No. 1970 - CUP 15-03, ADR 15-06, & W 15-01
Revised Proposal - Faux Bell Tower
1881 S. First Avenue
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ENVIRONMENTAL ASSESSMENT
If it is determined that no significant physical alterations to the site are necessary, then
this project, as new construction of a small utility facility, qualifies as a Class 3
Categorical Exemption per the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15303 of the CEQA Guidelines for new construction of
small utility facilities. A Preliminary Exemption Assessment is attached to this staff
report (Attachment No. 3).
PUBLIC COMMENTS/NOTICE
Public hearing notices for this continued item
were mailed on August 11, 2016, to the property
owners and tenants of those properties that are
located within 300 feet of the subject property. As
of August 18, 2016, numerous public comments
had been received - see Attachment No. 11 for
the Public Comments.
RECOMMENDATION
It is recommended that the Planning Commission approve the proposal, subject to the
following conditions, and find that the project qualifies for a Categorical Exemption from
the California Environmental Quality Act (CEQA), and adopt Resolution No. 1970:
1. Approval of Conditional Use Permit No. CUP 15-03, Architectural Design Review
No. ADR 15-06 and Wireless Regulation Waiver Request No. W 15-01 is limited to
the subject, unmanned, wireless communications facility, which shall be operated
and maintained in a manner that is consistent with the revised proposal and plans
submitted and approved for these applications, and shall be subject to periodic
inspections, after which the provisions of this Conditional Use Permit may be
adjusted after due notice to address any adverse impacts to the adjacent streets,
rights-of-way, and/or the neighboring properties.
2. Noncompliance with the plans, provisions and conditions of approval for CUP 15-03,
ADR 15-06 and/or W 15-01 shall be grounds for immediate suspension or revocation
of any approvals for the wireless facility.
3. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
regulation compliance, and parking and site design shall be complied with by the
property owner/applicant to the satisfaction of the Building Official, City Engineer,
Community Development Administrator, Fire Marshal, and Public Works Services
Director, or their respective designees. Any changes to the proposed facility may be
subject to building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials and employees, or
designees.
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4. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to
any approval or conditional approval of the City Council, Planning Commission, or
City Staff, which action is brought within the time period provided for in Government
Code Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any claim, action, or
proceeding concerning the project and/or land use decision and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officials, officers,
employees, and agents in the defense of the matter.
5. Approval of CUP 15-03, ADR 15-06 and W 15-01 to allow construction and
operation of a new, unmanned, standalone, wireless communications facility shall
not be of effect unless on or before 30 calendar days after Planning Commission
adoption of the Resolution, the property owner and applicant have executed and
filed with the Community Development Administrator or designee an Acceptance
Form available from the Development Services Department to indicate awareness
and acceptance of these conditions of approval.
6. The applicant/property owner shall construct a trash and recycling enclosure, sized
to comply with City requirements, including NPDES standards, on the property prior
to the final inspection of any building permits issued for the wireless communications
facility. Said enclosure shall be designed to the satisfaction of the Community
Development Administrator or designee.
7. The wireless tower shall be located as close as feasible to the church building
without harming the large oak trees near the southwest corner of the church. Prior to
the issuance of building permits for the facility, the applicant shall provide a report
from a certified arborist that evaluates the proposed location to determine whether or
not the facility will harm the oaks, and the applicant shall implement mitigation
measures if necessary to protect the oaks.
8. The applicant shall submit a parking lot restriping plan that provides as many
replacement parking spaces as possible, subject to the approval of the Community
Development Administrator or designee, and the parking lot shall be restriped
accordingly prior to the final inspection for any building permits issued for the
wireless communication facility.
9. If the location of the facility blocks access to the storage container, the container
shall be removed.
Resolution No. 1970 - CUP 15-03, ADR 15-06, & W 15-01
Revised Proposal - Faux Bell Tower
1881 S. First Avenue
August 23, 2016 - Page 13 of 14
PLANNING COMMISSION ACTION
If, after considering the record and any additional information presented at the public
hearing, the Planning Commission makes any of the following findings, it may deny the
revised application:
1. The applicant has not demonstrated there is a “significant gap” in its wireless
service in the R-1 residential area where it proposes to install its wireless facility; or
2. The applicant has not demonstrated that the proposed wireless facility is the least
intrusive means to address the gap considering the values that the restriction on
wireless facilities in the R-1 residential area sought to serve.
If, on the other hand, after considering the record and any additional information
presented at the public hearing, the Planning Commission determines that it cannot
make either or both of the above-noted findings, it must approve the revised application.
Approval
If the Planning Commission intends to approve this revised application, the Commission
should approve a motion to approve Conditional Use Permit No. CUP 15-03,
Architectural Design Review No. ADR 15-06 and Wireless Regulation Waiver Request
No. W 15-01; state that the revised proposal satisfies the requisite findings; and adopt
the attached Resolution No. 1970 that incorporates the requisite environmental,
Conditional Use Permit, and Wireless Regulation Waiver findings and the conditions of
approval as presented in this staff report, or as modified by the Commission.
Denial
If the Planning Commission intends to deny this proposal, the Commission should close
the public hearing; make its decision known by stating the finding(s) that the revised
application does not satisfy along with reasons based on the record; and direct staff to
prepare a resolution to deny Conditional Use Permit No. CUP 15-03, Architectural
Design Review No. ADR 15-06 and/or Wireless Regulation Waiver Request No. W 15-
01 that incorporates the Commission’s decision and specific findings, for adoption at the
next meeting. No decision to deny the proposal will be final and subject to appeal unless
and until adopted by resolution.
If any Planning Commissioner or other interested party has any questions or comments
regarding this matter prior to the August 23, 2016 Planning Commission Meeting,
please contact Jim Kasama, Community Development Administrator at (626) 574-5442,
or jkasama@ArcadiaCA.gov.
Approved:
Resolution No. 1970 - CUP 15-03, ADR 15-06, & W 15-01
Revised Proposal - Faux Bell Tower
1881 S. First Avenue
August 23, 2016 - Page 14 of 14
Attachments:
1. Resolution No. 1970
2. Resolution No. 1952 for Denial of Eucalyptus Facility
3. Preliminary Exemption Assessment Information
4. Aerial Photo with Zoning Information, Photos of the Subject Property and
Photos of Other Churches
5. Proposed Architectural Plans
6. Visual Impact Analysis and Photos of Existing Small ROW Installations
7. Documents from Verizon in Support of the Application
8. Wireless Regulation Waiver Request
9. Waiver Request Evaluation Report
10. Documents Related to Federal Oversight
11. Public Comments
Attachment No. 1
Resolution No. 1970
Attachment No. 1