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Home My WebLink About2003-06-24 - AGENDA REPORTS - MC 02-288 APPEAL CINGULAR (2)Agenda Item:_ CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: Fred Follstad DATE: June 24, 2003 SUBJECT: APPEAL OF DECISION TO DENY, WITHOUT PREJUDICE, MASTER CASE 02-288 DEPARTMENT: Planning and Building Services RECOMMENDED ACTION City Council open the public hearing, receive testimony, close the public hearing, accept the applicant's letter to withdraw the appeal of the Planning Commission decision, and adopt the resolution affirming the Planning Commission decision to deny, without prejudice, Master Case 02-288 which consists of Minor Use Permit 02-053. BACKGROUND On August 2, 2002, Cingular Wireless submitted an application for a minor use permit to the City of Santa Clarita's Planning & Building Services Department, requesting the approval of three wireless telecommunications facilities consisting of three flag monopoles and three associated equipment shelters adjacent to each pole. On April 1, 2003, the Planning Commission reviewed the proposal and denied the project without prejudice finding that the project is highly visible and would add to the visual clutter on the project site. On April 11, 2003, Cingular Wireless submitted a request to appeal the Planning Commission's decision to deny the project. On June 3, 2003, Cingular Wireless withdrew the request for an appeal in order to submit an application that includes other alternatives that the Planning Commission will review. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT No fiscal impact is anticipated as a result of this proposal. ATTACHMENTS Resolution CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Blvd., 1" Floor, Santa Clarita, California, on the 24`" day of June, 2003, at or after 6:00 p.m. to consider Master Case No. 02-288 (Conditional Use Permit 02-018). The applicant is requesting approval of a conditional use permit for three wireless telecommunications facilities within an existing shopping center at the southwest corner of Soledad Canyon Road and Sand Canyon Road. The project is located within the Community Commercial (CC) zone. The address is 16500 Soledad Canyon Road and the project applicant is Cingular Wireless. A Draft Mitigated Negative Declaration was prepared for this proposed project and is available for public review at City Hall, Planning and Building Services Department, 23920 Valencia Blvd., Suite 302, Santa Clarita, CA. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the Planning and Building Services Department, Santa Clarita City Hall, 23920 Valencia Blvd., Third Floor, Santa Clarita, CA. 91355, (661)255-4330, Wendy Deats, Project Planner. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: May 28, 2003 Sharon L. Dawson, CMC City Clerk Publish Date: June 2, 2003 PHcingular Page 1 of 1 Sharon Dawson - Appeal of Master Case 02-288, Minor Use Permit 02-053, (16500 Soledad Canyon Road) From: "Salazar, Ramon" <rsalazar@tcgsite.com> To: "'sdawson@santa-clarita.com"' <sdawson@santa-clarita.com>, "'wdeates@santa-clarita.com"' <wdeates@santa-clarita.com> Date: 6/3/2003 2:46 PM Subject: Appeal of Master Case 02-288, Minor Use Permit 02-053, (16500 Soledad Canyon Road) CC: "'Saundra Jacobs (SFC)"' <sjacobs@sfcconsultants.com>, "Macy, Joyce" <jmacy@tcgsite.com> Dear Mrs. Dawson, At this point in time I would like to respectful request that the above mentioned appeal, for the proposed Cingular Wireless Telecommunications site, Master Case No. 02-288 and Minor Use Permit 02-053, be withdrawn. The Consulting Group, Inc. on behalf of Cingular Wireless would greatly appreciate the granting of this request. We anticipate going back through the entitlement process with a new design, which was discussed on May 291h by several members of staff and Mrs. Saundra Jacobs. Thus, Cingular would like to withdraw the appeal and resubmit a new application and design. All required materials will be submitted to the Planning Department by June 18. 2003. Cingular would also like to request that we be placed on the next available Planning Commission Agenda, once the application is deemed complete. If you or your staff should have any questions or concerns please feel free to contact me at your earliest convenience. Thank you for your time and attention to this matter. Cordially, Ramon R. Salazar Ramon R. Salazar The Consulting Group, Inc. 5440 Trabuco Road Irvine, California 92620 PCS: 714-932-7508 Fax: 949-387-5969 file://C:\Documents%20and%2OSettings\city\Local%2OSettings\Temp\GW)OOOO1.HTM 6/3/2003 Page I of 2 Sharon Dawson - Re: Appeal of Master Case 02-288, Minor Use Permit 02-053, (16500 Soledad Canyon Road) From: Sharon Dawson To: Ramon, Salazar,; 'wdeates@santa-clarita.com' Date: 6/5/2003 11:37 AM Subject: Re: Appeal of Master Case 02-288, Minor Use Permit 02-053, (16500 Soledad Canyon Road) CC: (SFC)', 'Saundra Jacobs; Joyce, Macy, Dear Mr. Salazar Thank you for your message withdrawing your appeal on behalf of Cingular Wireless under Master Case 02-288 and Minor Use Permit 02- 053. As you may be aware, the City has already published the notice of public hearing to be held on June 24 for this item. Therefore, your message will be included in the staff report that will be prepared for the City Council to take action on June 24 to accept the withdrawal of the appeal. Please contact Wendy Deats of the Planning Division staff for more information on the resubmittal of a new application and design Should you have any questions, please feel free to contact me at your convenience. Thank you, Sharon Dawson n n n n n n n n n n n n n Sharon L. Dawson, CMC City Clerk Gty of Santa Clarita 23920 Valencia Blvd., Suite 304 Santa Clarita CA 91355 Phone: 661.255.4391 Fax: 661.255.4938 >>> "Salazar, Ramon" <rsalazar@tcgsite.com> 06/03/03 03:04PM >>> Dear Mrs. Dawson, At this point in time I would like to respectful request that the above mentioned appeal, for the proposed Cingular Wireless Telecommunications site, Master Case No. 02-288 and Minor Use Permit 02-053, be withdrawn. The Consulting Group, Inc. on behalf of Cingular Wireless would greatly appreciate the granting of this request. We anticipate going back through the entitlement process with a new design, which was discussed on May 29th by several members of staff and Mrs. Saundra Jacobs. Thus, Cingular would like to withdraw the appeal and resubmit a new application and design. All required materials will be submitted to the Planning Department by June 18, 2003. Cingular would also like to request that we be placed on the next available Planning Commission Agenda, once the application is deemed complete. If you or your staff should have any questions or concerns please feel free to contact me at your earliest convenience. Thank you for your time and attention to this matter. Cordially, Ramon R. Salazar Ramon R. Salazar The Consulting Group, Inc. 5440 Trabuco Road Irvine, California 92620 PCS: 714-932-7508 Fax: 949-387-5969 filea//C:\Documents%20and%2OSettings\city\Local%2OSettings\Temp\GW)OOOOLHTM 6/5/2003 City of Santa Clarita 23920 Valencia Blvd. Phone Suite 300 (661) 259-2489 Santa Clarita Fax California 91355-2196 (661) 259-8125 Website: www.santa-clarita.com April 15, 2003 Mr. Ryan Leaderman Planning Consultant The Consulting Group 5440 Trabuco.Road Irvine CA 92620 Dear Mr. Leaderman: On April 11, 2003, this office received your appeal of the action taken by the Planning Commission on Master Case 02-288, Minor Use Permit 02-053, for property located at 16500 Soledad Canyon Road. The appeal has been scheduled for the City Council meeting of June 24, 2003, which will begin at 6:00 p.m. in the Council Chambers, 23920 Valencia Blvd., Santa Clarita. If you have any questions, please feel free to contact Wendy Deats of the Planning Division at 661-286-4175 or myself at 661-255-4391. Sincerely, a Sharon L. Dawson, CMC City Clerk cc: Wendy Deats, Assistant Planner H PRINTED ON RECYCLED PAPER THECONSULTING GROUP April 11, 2003 Ms. Wendy Deats Assistant Planner II Planning Department, City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, California 91355-2196 CITY OF SANTA CLARITA 2003 APR I I P 2. 4 3 CITY CLERKS OFFICE Re: Appeal of Master Case 02-288, Minor Use Permit 02-053, 16500 Soledad Canyon Road, VY -151-01 Ms. Deats, On behalf of Cingular Wireless, The Consulting Group, Inc. appeals the denial of the above referenced project. Cingular Wireless appeals the decision because the findings of Section Three of Resolution Number P02-42 are not substantiated by facts in the record, and utilize conclusory statements to justify the denial of the proposed land use entitlements. Paragraph a of Section Three of the Resolution states: that the proposed location, size, design and characteristics of the proposed wireless telecommunication facilities and associated equipment are not developed in accordance with the purpose of the Unified Development Code, more specifically the Wireless Communication Facilities Ordinance because the proposal will add to the visual clutter on the subject site, will not be camouflaged or concealed, will be highly visible from Sand Canyon Road and State Route 14 and will not be adequately screened. The placement of these telecommunications facilities will be visually intrusive to traffic along State Route 14 traveling both northbound and southbound in addition to Sand Canyon Road over State Route 14. The facilities will be located in a manner where no topography, vegetation or other structures provide any screening of the facilities and therefore, do not satisfy the UDC, more specifically the Wireless Communications Facilities Ordinance, and Cingular Wireless, along with the two other applicants, Verizon and AT&T Wireless, presented multiple design options for 16500 Soledad Canyon Road. First, there is no mention of the several different design options presented to staff or the Planning Commission. Second, there is no analysis of the different design options. Third, there is no analysis of how each of the different proposed design options will add to the "visual clutter on the subject site", or would not satisfy the provisions of the Wireless Communications Facilities Ordinance. Fourth, the Resolution completely misstates facts when it erroneously concludes that the facilities "... will not be camouflaged or concealed, will be highly visible from Sand Canyon Road and State Route 14 and will not be adequately screened." 5440Trabuco Road • Irvine -California 92620 •949387.M76 • Fax: 949 38-1.5,969 All the proposed designs under consideration at the continued hearing on April 1� utilize screening and camouflaging, including the use of the existing structures and appurtenances to camouflage and hide the appearance of the proposed wireless facilities. The Planning Commission further erred by stating in the Resolution that the facility would be located "... in a manner where no topography, vegetation or other structures provide any screening of the facilities." The back, northerly and easterly walls of the shopping center buildings help to screen the vast majority of the land use impacts, similar to how the land use impacts are mitigated with the existing Sprint PCS facility. Further, the existing billboard, and signage help to mitigate the impacts of a very unobtrusive facility. Subparagraph b also utilizes highly conclusory statements with little consideration given to the design options presented by the applicant and the applicant's offer to accommodate the city's desire for excellent design. Subparagraph (b)I states that "all the alternatives will add to the visual clutter on the subject site and is highly visible with no adequate screening as required by this ordinance." The testimony given at the Public hearing and the discussion by the Planning Commissioners indicates that not all the alternatives presented, or available, would add to the "visual clutter." The applicant followed the city's consultant's recommendation for an obelisk. Further, the applicant presented very unobtrusive unicell and light standard design options, among others, consistent with the designs that the city has approved at the subject property and other locations. Further, the proposed designs are compatible with development standards (b), (c), (d), (e), (f), (g), (h) 0) (k), (m), (n), (o), and (p) of Section Three (Development Standards) of the Wireless Communications Facilities Ordinance. Further, subsection (q) lists discretionary development guidelines (`Public wireless communication facilities should conform to the following development guidelines"). While these are only discretionary, and not mandatory, the applicant largely meets these standards, as the facilities are collocated with an existing wireless facility, utilize screening, and blend in with the existing structures and appurtenances present at the site. Further, the Planning Commission errs when it states that all the alternatives will add to the visual clutter, when not all reasonable and possible design alternatives have been considered. The Planning Commission also erred when it concludes in subparagraph (b)3 that "the project will have harmful effect on desirable neighborhood character because the proposal includes the installation of telecommunications facilities that will increase visual clutter, be highly visible and distract traffic along State Route 14 and Sand Canyon Road." This conclusion errs on a number of levels. First, the Planning Commission used visibility as the only factor in determining whether there will be a harmful effect on desirable neighborhood character. Having three wireless carriers in a neighborhood in order to provide adequate and reliable wireless coverage will have a positive impact on neighborhood character development. As residents and businesses increasingly drop their land line communications in favor of wireless technology, busineCingusses Verizon and AT&T want to establish infrastructure to better serve this part of Santa Clarita. Further, residents, businesspeople and visitors demand uninterrupted wireless coverage whether for pleasure, businesses or emergencies. Having adequate and reliable wireless coverage will have a beneficial effect on neighborhood character and development. 2 Even if visibility was the only factor to consider, as the Planning Commission did, the designs submitted based upon the city's hired consultants, as well as staff direction, would weigh in favor of not finding a detrimental effect on neighborhood character. All the designs are consistent with the existing structures, including buildings, wireless facility, signage and other structures on the property. The facilities proposed are well designed, and do not exacerbate or negatively add to the character of the property or the surrounding neighborhood. Further, the conclusions regarding visual clutter or negative visual impacts do not address the different types, locations and height of the proposed facilities. Cingular Wireless remains committed to provide high quality design to the city of Santa Clarita so that it may provide adequate and reliable wireless coverage to this community. There are options available to the City Council to condition the proposed facility so that it meets the reliable coverage to the community. Please note that I am enclosing two photosimulations of tower designs flush to the easterly wall of the shopping center that should meet the city's need for excellent design and the carrier's need to provide adequate and reliable wireless coverage. The top height of the proposed facility would be 55', the same as the previously proposed obelisk. Cingular Wireless and The Consulting Group, Inc. appreciates your time in reviewing and accepting this appeal. I am hopeful that the city and the carriers can amicably agree upon a design and course of action. If you have any questions, or would like to schedule a meeting prior to the public hearing, please feel free to contact me at (213) 446-2698, or rleaderman a tcgsite com. Sincerely, Ryan Leaderman Planning Consultant Enclosures Cc: John Beke Michael Collier Stephen Garcia Saundra Jacobs Kevin Jordan t