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HomeMy WebLinkAbout2003-01-14 - AGENDA REPORTS - WIRELESS AT&T CUP (2)CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval. Item to be presented by: Wendy Deats PUBLIC HEARING DATE: January 14, 2003 SUBJECT: AN APPEAL OF A PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR A WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF 12 PANEL ANTENNAS, A 24 -INCH MICROWAVE DISH AND AN ASSOCIATED EQUIPMENT SHELTER. THE PANEL ANTENNAS WILL BE MOUNTED ON THE SIDE OF AN EXISTING NEWHALL COUNTY WATER DISTRICT WATER TANK. THE 24 -INCH MICROWAVE DISH WILL BE ATTACHED TO THE ROOF OF THE EQUIPMENT SHELTER. DEPARTMENT: Planning and Building Services RECOMMENDED ACTION City Council conduct the public hearing and adopt a resolution upholding the decision of the Planning Commission to adopt the Negative Declaration and approve Master Case 02- 235, which consists of Conditional Use Permit 02-014, subject to the conditions of approval. BACKGROUND On June 24, 2002, AT&T Wireless submitted an application for a Conditional Use Permit to the City of Santa Clarita's Planning & Building Services Department, requesting the approval of a wireless telecommunications facility consisting of 12 panel antennas, a microwave dish and an associated equipment shelter. The application was deemed complete on July 24, 2002. The 12 panel antennas will be co -located with an existing public utility structure and another wireless telecommunication carrier. The subject site is developed with a Newhall County Water District water tank. The water tank is 40 feet in height and has 12 existing panel antennas and a microwave dish mounted to the structure. In addition, the site has an existing equipment shelter adjacent to the water tank. The proposed panel antennas will be mounted on the water tank and will not exceed the height of the water tank. The proposed microwave dish will be mounted on the roof of the equipment shelter. On October 15, 2002, the Planning Commission reviewed the request and approved the project with a 5-0 vote. Agenda Item:, Master Case 02-235 January 14, 2003 Page 2 of 4 The project was appealed by Pedro S. de Guzman, a nearby resident on October 29, 2002. The appellant's basis for appeal is that the installation of the wireless communications facility is not lawful due to the fact that they were not informed of the proposal. In addition, a petition opposing the project was signed by the local residents stating health concerns. PROJECT DESCRIPTION The applicant is requesting a conditional use permit for a wireless telecommunications facility consisting of 12 panel antennas, a 24 -inch microwave dish and an associated equipment shelter. The panel antennas will be mounted on the side of an existing Newhall County Water District water tank. The 24 -inch microwave dish will be attached to the roof of the associated equipment shelter. The project site is currently owned by the Newhall County Water District and is developed with a 40 foot high water tank. The water tank currently has 12 panel antennas and a microwave dish mounted on the structure. These facilities do not exceed the height of the water tank and the proposed carriers will be placed in a similar manner as to not have a significant visual impact on the community. The site is approximately 21,450 square feet and has an access easement through the site from Dockweiler Drive. ANALYSIS Response to grounds for appeal In the October 29, 2002, appeal letter (attached), the resident, Pedro S. de Guzman listed the basis for the appeal of the Planning Commission's approval of Master Case 02-235. Staff has reviewed the letter and prepared a response to the appellant's point. The appellant's appeal point is provided in italics below with staff response in paragraph form following the statement. Such installation is not lawful due to the nondisclosure of such a proposed action to the residents of 23832 and 23834 Oakhurst Drive. The required disclosure of such action was not performed responsibly, accurately, justifiably, or properly documented and certified (so that the residents be given due respect to such disclosure), by the regulations regarding such action. The proposal is subject to the approval of a conditional use permit, which is required to be reviewed by the Planning Commission during a duly -noticed public hearing. As part of the application process, the applicant submitted mailing labels and stamped envelopes for all property owners within 500 feet of the project site. This information is required to be obtained based on the latest tax rolls. The applicant submitted the application on June 24, 2002, and the mailing labels were prepared based on the tax assessor's records as of July 11, 2002. The current property owners of the two residences listed above are within the 500 foot radius. However, because they did not purchase these properties until June 2002, they were not identified as property owners in the assessor's records as of that date. Therefore, the project was noticed in accordance with the Unified Development Code (UDC). However, Master Case 02-235 January 14, 2003 Page 3 of 4 the County records have since been updated and a notice for the City Council hearing was mailed to the most current property owners, as well as, the persons listed on the petition. In addition, the residents within the vicinity signed a petition which was submitted with the appeal letter. The petition statement is provided in italics below with staff response in paragraph form following the statement. We here the undersigned demand that the City Planning Commission of Santa Clarita, California reconsider the proposed installment of 12 additional cellular antennas, and one dish, for AT&T Wireless atop the water tanks at 23554 Dockweiler Drive directly above our residential community. (APN. 2833-003-900) We find fault with the entire process of notification of this installation, since no notification had been given by mail before the public hearing meeting. The only notification was a sign placed not under the water tank site, opposite our development entrance, but at the far less travelled (sic) location, so as to go virtually unnoticed by our entire community. Biological research has determined that exposure from these frequencies are unsafe for humans at any intensity. Such biological effects range from increases in childhood and adult leukemia, brain tumors, DNA breakage, increases in malignant tumors, cancer acceleration in skin and breast tumors at 50-70% of standard, high blood pressure, reduced memory and motor function, impaired immune system function, infertility, reduction in REM sleep (important to memory and learning functions), changes in the brain, a drop in insulin, and even interference with medical devices!* We insist that the Commission research, find and allocate another, more suitable location at least 3 miles away from residential housing and schools. (In addition to our homes, there is a new school being built just to the west of the site). The current proposed location is within 500 feet of homes, forcing us into involuntary exposure of electromagnetic frequencies that are a serious threat to our health and environment. We most definitely do not want the present number of antenna installations already in place to increase, since that would form an extremely complex, hazardous electromagnetic environment, impossible to measure. Furthermore, technologies such as AT&T Wireless are NOT public utilities — they are for-profit businesses. We demand our elected officials stop being more interested in providing a healthy environment for business than in providing a healthy environment for the general public! We once again insist that our voices and concerns are heard, and that the proposed installation be halted. The health of our children depend on it. The project was noticed in accordance with the Unified Development Code (UDC). All property owners within 500 feet of the subject site were mailed a notice, a four foot by eight foot sign was posted at the driveway entrance to the water tank and a notice was posted in the Signal newspaper. The Telecommunications Act of 1996 requires the Federal Communications Commission (FCC) to prescribe and make effective regulations governing the environmental effects of radio frequency (RF) emissions for telecommunication facilities. The FCC regulations consider these effects in relation to public health and safety. Therefore, operation in compliance with these regulations compels the conclusion that no potential public health and safety hazards will result from the proposed project. Furthermore, local jurisdictions are preempted by the Federal Communications Commission under the Federal Master Case 02-235 January 14, 2003 Page 4 of 4 Telecommunications Act of 1996 from making decisions based on environmental and health effects related to radio frequency emissions from wireless telecommunications facilities. Therefore, the Commission could not make a decision based on the health effects as listed above in the petition statement. ALTERNATIVE ACTIONS City Council approve the project with modifications. 2. Council deny Master Case 02-235; Conditional Use Permit 02-014. FISCAL IMPACT No fiscal impact is expected from this proposal. ATTACHMENTS Site Plan Photo Simulations Resolution 03 - Conditions of Approval Appeal Letter received October 29, 2002 Initial Study and Negative Declaration for Master Case 02-235 READING FILE Minutes from the October 15, 2002 Planning Commission hearing Staff Report to Planning Commission hearing October 15, 2002 Planning Commission Resolution P02-39 JJL:VPD: WD:lep s:\pbs\current\ 2002/02-235/agndrpt 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 14" day of January, 2003, at or after 6:00 p.m. to consider Master Case No. 02-235 (Conditional Use Permit 02-014). The Project Applicant is AT&T Wireless. The applicant is requesting approval of a Conditional Use Permit to install 12 antennas on an existing Newhall County Water District water tank and install an equipment shelter with a microwave dish mounted on the top of the shelter. The project was approved by the Planning Commission of the City of Santa Clarita on October 15, 2002 and was appealed to the City Council. The project location is 23554 Dockweiler Drive within the Residential Low (RL) zone with a Mineral Oil Conservation Area (MOCA) overlay. A Negative Declaration is available for public review. 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: December 12, 2002 Sharon L. Dawson, CMC City Clerk Publish Date: December 19, 2002 AT&Tph