HomeMy WebLinkAbout35-Development Services ORIGINAL
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Conditional Use Permit No. 06-24
(Appeal No. 07-02) — An appeal of the Planning
Dept: Development Services Commission approval of additional antennas and
equipment at an existing communication tower
Date: April 17, 2007 site, with a requirement to replace the existing
non-stealth monopole tower with a monopme.
The project site is located at 1093 West 5"' Street
in the CH, Commercial Heavy land use district.
MCC Date: May 7, 2007
Synopsis of Previous Council Action: None
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council deny Appeal No. 07-02 and
uphold the Planning Commission approval of Conditional Use Permit No. 06-24.
1r/ Valerie C. Ross
Contact person: Brian Foote, Associate Planner Phone: 384-5057
Supporting data attached: Staff Report Ward: 1
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: ' �C��«� �7/� °2
Agenda Item No.
� �0 7
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
Mayor& Common Council Meeting of May 7, 2007
SUBJECT: Conditional Use Permit No. 06-24 (Appeal No. 07-02)
OWNER: APPELLANT:
Albert R. Okura Royal Street Communications
1398 North `E' Street John Beke
San Bernardino, CA 92405 547 El Encino Drive
(909) 885-6324 Diamond Bar, CA 91765
(909) 896-0945
BACKGROUND
The subject of this appeal is the Planning Commission's approval of Conditional Use Permit
(CUP) No. 06-24 to install additional antennas on an existing 60-foot non-stealth monopole
telecommunications tower and additional equipment on the ground. The subject property is
located at 1093 W. 5th Street (Exhibit 1 — Location Map). In the Planning Commission Staff
Report (Exhibit 2), staff required a new monopine tower in order to satisfy the necessary
Findings of Fact to recommend an approval. The Planning Commission voted unanimously to
approve the application. The appellant filed Appeal No. 07-02 on March 19, 2007, to the Mayor
& Common Council seeking to overturn the Planning Commission's requirement to replace the
existing tower with a monopine. (Conditions 17, 18, and 19).
In the Appeal application (Exhibit 3), the appellant states, "The approval requires actions not
proposed with CUP 06-24 nor required by the Development Code." The appellant also states,
"The new antennas are barely discernable to the public. A new pine adds much more bulk and
visual impact than the proposed antennas, thus meeting the standard of being compatible with
surrounding development as set forth in §19.20.030(3)(D)(8) of the Development Code."
The appellant states that the condition requiring replacement of the existing monopole with a
monopine is not required by the Development Code. Although a monopine tower is not
specifically required by the Development Code, Chapter 19.36 of the Development Code sets
forth the CUP application process, which authorizes the Planning Commission to make
determinations on a case by case basis and to apply conditions of approval as necessary to
support findings for approval. The CUP application provides for analysis of a proposed use,
including site-specific design, configuration, and potential impacts on surrounding properties.
The purpose of the review is to determine whether the proposed use should be permitted by
weighing its potential benefits against the impacts that it may cause. The appellant states that the
CUP application did not rp opose replacement of the existing monopole with a monopine.
Clearly, that is true, but the Planning Commission is not obliged to approve a CUP upon
presentation of an application and without Conditions of Approval.
Appeal No. 07-02.
Hearing Date:May 7, 2007
Page 2
Staff's recommendation for approval of CUP 06-24 was based in part on Findings 1 and 2 of the
Planning Commission Staff Report, both of which assumed the required upgrade to a monopine
design, to screen the antennas and the tower structure. The appeal statement claims that
monopine camouflage would add bulk and have a greater visual impact than just adding the
antennas. It is true that the new antennas proposed by CUP 06-24 would be flush mounted and
not very noticeable. However, the additional antennas constitute intensification of the existing
facility, which warrants an improvement of the existing tower to bring it up to current aesthetic
standards. The faux pine branch camouflage required by CUP 06-24 will conceal all of the
antennas proposed for the site, as well as the tower itself, which is unsightly and prominently
visible from 5th Street and from several residences to the north that face 5th Street.
FINANCIAL IMPACT
No financial impact to the City. The appellant paid applicable fees.
RECOMMENDATION
Staff recommends that the Mayor and Common Council deny the Appeal and uphold the
Planning Commission approval of CUP 06-24, including all the conditions of approval.
EXHIBITS: 1. Location Map
2. March 6, 2007 Staff Report to Planning Commission
3. Appeal
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EXHIBIT 2 -PLANNING COMMISSION STAFF REPORT Appeal No. 07-02
Nearing Date:May 7, 2007
SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Conditional Use Permit (CUP) No. 06-24
AGENDA ITEM: 4
HEARING DATE: March 6, 2007
WARD: 1
APPLICANT: OWNER:
Thomas Cornish Albert R. Okura
Roval Street Communications 1398 North'E' Street
350 Commerce, Suite 200 San Bernardino, CA 92405
Irvine, CA 92602 (909) 885-6324
(949) 230-3060
REQUEST & LOCATION:
A request for approval of a Conditional Use Permit to install additional antennas on
an existing 60-foot non-stealth monopole telecommunications tower, and to install
additional ground equipment on the site located at 1093 W. 5th Street in the CH,
Commercial Heavy land use district.
CONSTRAINTS & OVERLAYS:
Potential Ground Subsidence Area
ENVIRONMENTAL FINDINGS:
❑ Not Subject to CEQA
21 Exempt from CEQA, Section 15301 - Existing Facilities
❑ No Significant Effects
❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
• Approval
• Conditions
❑ Denial
11 Continuance to:
CUP AV 06-24
Meeting Date: March 6, 2007
Page 2
REQUEST & LOCATION
The applicant requests approval of a Conditional Use Permit to install additional
antennas on an existing 60-foot non-stealth monopole telecommunications tower and
additional equipment located at the rear of an unimproved parcel located at 1093 W.
5th Street in the CH, Commercial Heavy land use district (Attachment A).
SETTING & SITE CHARACTERISTICS
The site, approximately 4,800-sq.ft. in size, is unimproved and vacant except for the
existing monopole tower and associated equipment. To the east and west of the
location are businesses in the CH, Commercial Heavy land use district. To the north
are single-family homes in the CG-1, Commercial General land use district. To the
south is a railroad yard in the IH, Industrial Heavy land use district.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed project is exempt from environmental review pursuant to California
Environmental Quality Act (CEQA) Section 15301 for minor alterations to Existing
Facilities.
FINDINGS & ANALYSIS
1. Is the proposed use conditionally permitted zrithin, and zwidd not impair the
integrity and character of, the subject land use district and complies zenith all of the
applicable provisions of this Development Code?
The proposed additional antenna and equipment are conditionally permitted
under authority of Development Code §19.20.030(3)(C)(4) for non-stealth
wireless communication facilities. The proposed additional antennas represent
an expansion/intensification of the use of the facility, and Development Code
§19.20.030(3)(D)(8) requires that new antennas be compatible with
surrounding development and not adversely impact the adjacent
neighborhood. Due to the prominent location of the subject monopole on a
major thoroughfare, across from residences, staff has included a Condition of
Approval to require replacement of the existing monopole with a monopine,
consistent with Development Code §19.20.030(3)(D)(8). The proposed
additional antenna, incorporated in monopine camouflage will be compatible
and will not adversely impact the adjacent residential land uses.
CUP/Vo. 06-24
Meeting Date: March 6, 2007
Page 3
2. Is the proposed use consistent zi ith the General Plan?
The proposed additional antenna and equipment would be consistent with
Utilities Policy 9.8.1 which provides for the expansion of telecommunications
systems for two-way communication between government and residents and
businesses. With a stealth design upgrade and appropriate screening of the
antenna, the proposal would be consistent with Land Use Policy 2.2.1 for
ensuring compatibility between land uses, and would be compatible with the
adjacent residential uses. A monopine stealth design upgrade would also be
consistent with Community Design Policy 5.2.4 for screening of above-ground
infrastructure support structures.
Installing additional antenna on the existing non-stealth monopole would not
be consistent with Land Use Policy 2.1.1 for enforcing development standards,
design guidelines, and policies to enhance the character of San Bernardino's
neighborhoods. Adding to the existing non-stealth monopole would not be
consistent with Community Design Policy 5.2.4 for the screening of above-
ground infrastructure support structures (e.g., stealth designs for cell towers).
3. Is the approval of the Conditional Use Permit for the proposed use in compliance znith
the requirements of the California Environmental Quality Act and Section
19.20.030(6) of the Development Code?
The proposed additional antenna and equipment is in compliance with the
requirements of the California Environmental Quality Act (CEQA) and
Development Code §19.20.030(6), in that the project is exempt from CEQA
under Section 15301 for minor alterations to Existing Facilities.
4. Are there potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored?
The subject property does not have any biological resources or sensitive
habitats, and no significant negative impacts upon environmental quality or
natural resources are anticipated. The project location has been previously
disturbed and is surrounded by urban development.
5. Are the location, size, design, and operating characteristics of the proposed use
compatible u4th the existing and fitture land uses within the general area in zi,hich the
proposed use is to be located and zrill it create significant noise, traffic or other
conditions or situations that may be objectionable or detrimental to other permitted
uses in the vicinity or adverse to the public interest, health, safety, convenience, or
welfare of the City?
CUP No. 06-24
Meeting Date: March 6, 2007
Page 4
The proposed additional antenna (with screening) and replacement of the
existing pole with a monopine will meet the requirements of the Development
Code, and will be compatible with existing and future land uses in the
vicinity. The properties around the project site include single-family
residential and commercial uses, and installing additional antenna with an
aesthetic enhancement (e.g., monopine) will not detrimentally affect nearby
residences, land uses, or the general welfare of the City.
6. Is the subject site physically suitable for the type and densitylintensity of use being
proposed?
The site is sufficient in size for the cell tower facility as well as installation of a
monopine replacement tower. The intensity of the land use is not disruptive
and any operational impacts (e.g. noise, traffic, etc.) will be negligible and will
not negatively affect properties in the vicinity. There are no physical
constraints or conditions on the site that would prevent the proposed type and
intensity of land use.
7. Are there adequate provisions for public access, zi,ater, sanitation, and public utilities
and sen�ices to ensure that the proposed use zi?ould not be detrimental to public health
and safety?
The existing site has adequate provisions for access, public and private
utilities, and public services. The proposed use will not create additional
demands for access, water, sanitation, or other public services. Private utilities
currently serve the site. The proposed use will not be detrimental to public
health and safety.
CONCLUSION
With the recommended requirement to upgrade to a stealth monopine design, the
proposal satisfies all necessary Findings of Fact for approval of Conditional Use
Permit No. 06-24.
RECOMMENDATION
Staff recommends that the Planning Commission approve Conditional Use Permit
No. 06-24 based upon the Findings of Fact contained in the Staff Report, and subject
to the Conditions of Approval (Attachment C) and Standard Requirements
(Attachment D).
CUP Nn. 06-24
Meeting Date:March 6, 2007
Page S
Respectfully Submitted,
Valerie C. Ross
Development Services Director
Brian Foote
Associate Planner
Attachment A Location Map
Attachment B Site Plan & Elevations
t F Attachment C Conditions of Approval
Attachment D Standard Requirements
CITY OF SAN BERNARDINO PROJECT: CUP No. 06-24
PLANNING DIVISION
LOCATION MAP
HEARING DATE: 3/06/07
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ATTACHMENT B CUP No. 06-24
SITE PLAN & ELEVATIONS Meeting Date. March 6, 2007
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ATTACHMENT C
CONDITIONS OF APPROVAL
1. This permit/approval authorizes installation of a monopine up to 75'0"
high and one additional set of antennas (for a total of two sets of antenna
array) at an existing telecommunications facility, including ground-
mounted equipment, located at 1093 W. 5t" Avenue. The existing pole
shall be removed within 30 days of installation of the monopine.
2. Within two years of development approval, commencement of
construction shall have occurred or the permit/approval shall become
null and void. In addition, if after commencement of construction, work is
discontinued for a period of one year, then the permit/approval shall
become null and void. However, approval of the Conditional Use Permit
does not authorize commencement of construction. All necessary permits
must be obtained prior to commencement of specified construction
activities included in the Conditions of Approval/Standard Requirements.
Expiration Date: MARCH 6, 2009
3. The review authority may, upon application being filed 30 days prior to
the expiration date and for good cause, grant a one-time extension not to
exceed 12 months. The review authority shall ensure that the project
complies with all current Development Code provisions.
4. In the event this approval is legally challenged, the City will promptly
notify the applicant of any claim, action or proceeding and will cooperate
fully in the defense of this matter. Once notified, the applicant agrees to
defend, indemnify and hold harmless the City of San Bernardino (City),
the Economic Development Agency of the City of San Bernardino (EDA),
any departments, agencies, divisions, boards or commission of either the
City or EDA as well as predecessors, successors, assigns, agents, directors,
elected officials, officers, employees, representatives and attorneys of
either the City or EDA from any claim, action or proceeding against any of
the foregoing persons or entities. The applicant further agrees to
reimburse the City of any costs and attorneys' fees which the City may be
required by a court to pay as a result of such action, but such participation
shall not relieve applicant of his or her obligation under this condition.
The costs, salaries, and expenses of the City Attorney and employees of
his office shall be considered as "attorneys fees" for the purpose of this
condition. As part of the consideration for issuing this permit, this
condition shall remain in effect if this Conditional Use Permit is rescinded
or revoked, whether or not at the request of applicant.
CUP No. 06-24
March 6, 2007
Page 2 of 4
5. Construction shall be in substantial conformance with the plan(s)
approved by the Director, Development Review Committee, Planning
Commission or Mayor and Common Council. Minor modification to the
plan(s) shall be subject to approval by the Director through a minor
modification permit process. Any modification which exceeds 10% of the
following allowable measurable design/site considerations shall require
the refiling of the original application and a subsequent hearing by the
appropriate hearing review authority if applicable:
a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of architectural features, including colors, and/or
modification of finished materials that do not alter or compromise the
previously approved theme; and,
d. A reduction in density or intensity of a development project.
6. No vacant, relocated, altered, repaired or hereafter erected structure shall
be occupied or no change of use of land or structure(s) shall be
inaugurated, or no new business commenced as authorized by this permit
until a Certificate of Occupancy has been issued by the Department. A
temporary Certificate of Occupancy may be issued by the Department
subject to the conditions imposed on the use, provided that a deposit is
filed with the Department of Public Works prior to the issuance of the
Certificate, if necessary. The deposit or security shall guarantee the
faithful performance and completion of all terms, conditions and
performance standards imposed on the intended use by this permit.
7. This approval is subject to all the applicable provisions of the
Development Code in effect at the time of approval. This includes
Chapter 19.20 - Property Development Standards, and includes: dust and
dirt control during construction and grading activities; emission control of
fumes, vapors, gases and other forms of air pollution; glare control;
exterior lighting design and control; noise control; odor control; screening;
signs, off-street parking and off-street loading; and, vibration control.
Screening and sign regulations compliance is important considerations to
the developer because they will delay the issuance of a Certificate of
Occupancy until they are complied with. Any exterior structural
equipment, or utility transformers, boxes, ducts or meter cabinets shall be
architecturally screened by wall or structural element, blending with the
building design and include landscaping when on the ground.
CUP No. 06-24
March 6, 2007
Page 3 of 4
8. The operation of the antenna shall not cause interference with any
electrical equipment in the surrounding neighborhoods (e.g., television,
radio, telephone, computer, inclusive of the City's trunked 800MHz public
safety radio system, etc.) or with Police or Fire Department
communications equipment unless exempted by Federal Regulations. If
notified by a City official that the antenna is creating interference, the use
of the antenna shall cease immediately and remain out of use until the
problem is resolved.
9. The project shall comply with all applicable requirements of the Public
Works/ Engineering Division, the Building Division, the Fire Department,
the Police Department, the Municipal Water Department, the Public
Services Department, and the City Clerk's Office/Business Registration
Division.
10. The project shall comply with the requirements of other agencies, as
applicable (e.g. California Board of Equalization; Federal Communications
Commission; etc.).
11. The applicant, tower operator(s), and property owner(s) shall be
responsible for regular maintenance of the site (at least quarterly, or
sooner as needed to properly maintain the site). Vandalism, graffiti, trash
and other debris shall be removed within 24 hours. The management
shall take a photograph of the graffiti and provide to the Police
Department before removing the graffiti.
12. The use of barbed wire, electrified fence, or razor wire fence in
conjunction with any fence, wall, roof, hedge, or by itself is prohibited per
Development Code Section 19.20.030 (8)(C)(1).
13. The applicant/operator(s) and property owner shall ensure that the
communications tower, equipment, and shelter shall be removed within 3
months after the use is abandoned.
14. Future installation of additional antennas/equipment, or other
modification to the entitlement constituting an expansion or
intensification of use, shall require obtaining a Conditional Use Permit
approval from the Planning Commission prior to any installations or
modifications.
15. Any equipment, whether on the roof, side of structure, or ground shall be
screened as per Development Code requirements.
Appeal No. 07-02
EXHIBIT 3 —APPEAL Hearing Date:May 7, 2007
CITY OF SAN BERNARDINO
Development Services Department, Planning Division
s 300 North "D" Street, 3rd Floor
San Bernardino, CA 92418
San Bernar ino Phone (909) 384-5057 • Fax (909) 384-5080
W Web address: www.sbcity.org
APPLICATION FOR APPEAL
APPEAL FROM A DECISION OF THE (check one)
❑ Development Services Director
❑ Development/Environmental Review Committee
19 Planning Commission
Case number(s): rz b• A� 7-0
Project address: V
Appellant's name. 02W 1M Ul 1A i CW_fi rA f-2
Appellant's address: QrJ CI
Appellant's phone: 4 t ' 25
Appellant's e-mail address: G 6
Contact person's name: J t 6 n
Contact person's address: 5 z L p l Qt 1M i r G pV-g l
Contact person's phone: 5 i
Contact person's e-mail address: Q P� �Va rG_S , Cow\
Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form
within 15 days following the final date of action, accompanied by the appropriate appeal filing fee.
Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common
Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and
time of the appeal hearing.
OFFICE USE ONLY
Date appeal filed: 3 Iq(01
Received by: ► �o
1 11/04
6. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire
Department for plan check approval and permits. For information, phone 909-384-5388.
7. Signs require a separate submittal to the Planning Division for plan check approval and
permits. For information, phone 909-384-5057.
8. Restaurants, food preparation facilities, and some health related occupancies will require
clearances and approved plans from San Bernardino County Health Department. For
information, phone 909-387-3043.
9. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist
offices, food preparation facilities or processing plants, etc. may require approvals and
permits from San Bernardino Water Reclamation. For information, phone 909-384-5141.
10. An air quality permit may be required. Contact South Coast Air Quality Management
Division for information, phone 909-396-2000.
11. State of California Business & Professions Code/Contractors License Law requires that
permits can be issued to licensed contractors or owner-builders (that are doing the work).
Contractors must provide their State license number, a city business registration, and
z workers compensation policy carrier & policy number. Owner-builders must provide
_ proof of ownership.
NOTE: PLAN CHECK TIME ON THESE TYPES `OF PROJECTS IS APPROXIMATELY 4-6
WEEKS FOR 1ST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING
DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND
DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT
CORRECTIONS.
Comments: _
300 N 'D' Street San Bernardino CA 92418
909-384-5071 Office 909-384-5080 Fax
ATTACHMENT D
Cite of San Bernardino
,` xis STANDARD REQUIREMENTS
Development Services/Plan Check Division
San Bernardino
W
Property address:
ORc/CUP/op: SATE:
NOTE; NO PLANS WILL BE ACCEPTED FOR PLAN
CHECK WITHOUT CONDITIONS OF APPROVAL
IMPRINTED ON PLAN SHEETS.
Submit 6 sets of plans, minimum size 18" x 24", drawn to scale. If plan check is for
expeditious review, submit 6 sets. The plans shall include (if applicable):
a. site plan (include address & assessors parcel number)
b. foundation plan
C. floor plan (label use of all areas)
d. elevations
e. electrical, mechanical, & plumbing plans
f. detail sheets (structural)
g. cross section details
h. show compliance with Title 24/Accessibility (disabled access)
I. a plan check deposit fee will be required upon submittal of plans.
Call Development Services (plan check) 909-384-5071 for amount.
1. The title sheet of the plans must specify the occupancy classification, type of construction, if
the building has sprinklers, & the current applicable codes.
2. The person who prepares them must sign the plans. Also, provide the address & phone
number of that person. Some types of occupancies require that the plans are prepared,
stamped, and signed by an architect, engineer, or other person licensed by the State of
California.
3. For structures that must include an engineers design, provide 2 sets of stamped/wet signed
calculations prepared by a licensed architect/engineer.
4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance
forms are required to be printed on the plans.
5. Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check
approval and permits. For more information, phone 909-384-5111.
300 N `D' Street San Bernardino CA 92418
ono_zaa_smi Mr.ro I:—
CUP No. 06-24
March 6, 2007
Page 4 of 4
16. If a generator and/or fuel tank is to be installed in the future, a
Development Permit shall be obtained from the Planning Division, as well
as issuance of Fire Department and/or Building Division permits prior to
installation.
17. The pole shall be a pine tree design with medium/heavy branch coverage
and standard size/color pine needles. Pine branches shall extend beyond
the antenna for adequate concealment, to the satisfaction of the Director.
18. Antennas shall be painted green or covered with simulated pine needles
to match the pine branches.
19. The pole shall be covered with a simulated pine bark cladding.
20. Submittal requirements for permit applications to the Building/Plan
Check Division and the Public Works/Engineering Division shall include
all Conditions of Approval and Standard Requirements issued with this
Planning approval.
21. All Conditions of Approval and Standard Requirements shall be
completed prior to final inspection and sign-off.
" 22. This permit or approval is subject to the attached conditions or
requirements of the following City Departments or Divisions:
a. Development Services Department — Building/Plan Check Division
End of Attachment C
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Appeal No. 07-02
EXHIBIT 3-APPEAL Hearing Date:May 7, 2007