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SR-402-010 (26) ~A SEP 2 8 2004 PCD:S F :JT:AS :JL: TK: F :\PLAN\S HARE\CQUNCI L \STRPT\2004 \04APP-004 .doc Council Mtg: September 28, 2004 Santa Monica, California TO: Mayor and Councilmembers FROM: City Staff SUBJECT: Appeal 04APP004 of the Planning Commission's California Environmental Quality Act (CEQA) Determination Exempting the Construction of an Unmanned Wireless Telecommunication Facility from Environmental Review. Applicant: Infranext, for AT&T Wireless; Appellant: Matthew Baird. INTRODUCTION This report recommends that the City Council deny the appeal and uphold the Planning Commission's determination of a Class 3, Section 15303, Categorical Exemption as provided by the California Environmental Quality Act (CEQA), for the construction of an unmanned wireless communications facility on the roof of an existing commercial building. BACKGROUND The applicant proposes to construct an unmanned wireless telecommunication facility on the roof of an existing five-story commercial building. The equipment will consist of a GPS antenna, a flat panel antenna, and three sectors of two antennas each on the roof, with the associated mechanical equipment located within the building on the fifth floor. The Zoning Administrator approved the subject Use Permit application on October 16, 2003. The approval was based on findings demonstrating the project's consistency with the General Plan and compatibility with other uses in the general vicinity. In addition to standard conditions of approval, three special conditions were added requiring the 1 SEP 2 8 2004 ~A applicant to demonstrate compliance with applicable Federal Communication Commission regulations (FCC), removal of abandoned equipment, and modifications to an existing fire exit. The last condition was in direct response to public testimony and to ensure the security of the wireless facility. An appeal of the Zoning Administrator's determination was filed on October 30, 2003. The appellant believed that the project would result in a diminution of property values and create a negative visual impact on the surrounding neighborhood. At its February 18, 2004, meeting, the Planning Commission denied the appeal and upheld the Zoning Administrator's approval of the Use Permit with an additional condition that any replaced portions of the parapet be designed to match the existing parapet and that the antenna structures not exceed the height of the existing parapet. On March 1, 2004, an appeal was filed challenging the Planning Commission's determination exempting the project from further environmental review. APPEAL ANALYSIS Both the Zoning Administrator and Planning Commission determined that the project was categorically exempt from CEQA. Projects exempt from CEQA are not subject to further environmental review through the preparation of a (Mitigated) Negative Declaration or Environmental Impact Report. Determination of the appropriate level of environmental review is made by the lead agency, which is typically the reviewing body that makes the final discretionary action on a project. 2 A recent amendment to Public Resources Code Section 21151 allows an individual to appeal a project's CEQA determination when the final action is made by a non-elected, decision-making body. In this case, the Planning Commission's CEQA determination may be appealed to the City Council. However, the scope of review on the appeal is limited only to the CEQA determination. The underlying Use Permit is not before the City Council. As stated, the Planning Commission relied on the Class 3, Categorical Exemption, which includes exemptions for projects involving the construction and installation of small new facilities and equipment. The full text of this exemption is provided in Attachment G of this report. Reliance on this exemption was appropriate. The proposed project involves the installation of a new wireless communication facility, including antennas and associated mechanical equipment on the roof of an existing commercial building. The proposed facility is small in area and location, is incidental to the existing uses on the property, and has been conditioned to demonstrate compliance with Federal Communication Commission regulations pertaining to radio frequency electromagnetic fields. Moreover, the proposed facility is completely screened from the public right of way behind a parapet wall designed to match the existing parapet, with the exception of a two foot square, flush mounted antenna on the penthouse of the five story building. 3 There are instances in which categorical exemptions cannot be utilized. The appellant contends that the Planning Commission erred in its application of the environmental exemption determination citing potential health-related impacts and cumulative impacts upon the community. The appellant also states that the due process rights of area residents was violated as a result of the City's public notification process. As typical with wireless communication facilities, the Zoning Administrator and the Planning Commission on appeal seek to balance a carrier's need for an expanded wireless service with the potential negative visual impacts commonly associated with this type of installation. Section 704 of the Telecommunications Act of 1996 (TCA) prohibits local government from denying an application to construct a cell site based upon the environmental effects of radio frequency ("RF") emissions from the proposed wireless site: No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the [Federal Communication] Commission's regulations concerning such emissions. The FCC and the California Public Utilities Commission (CPUC) verify compliance with applicable regulations, and accepted health safety standards. Compliance with these standards is required prior to facility operation. The City requires as a standard condition of approval prior to the issuance of a building permit, documentation from the wireless carriers noting approved compliance with FCC regulations. 4 While the appellant acknowledges the federal preemption, concern is expressed that the Planning Commission should have required demonstration of FCC compliance prior to rendering an environmental determination. This approach, however, is not necessary. The Planning Commission conditioned project approval on demonstrating FCC compliance prior to issuance of a building permit. As all wireless communication facilities in the City have complied with the FCC regulations, it is anticipated that the subject applicant will be able to achieve compliance. Indeed, the applicant has submitted a copy of the FCC form that it intends to submit as part of the CPUC and FCC approval process. That form is included with this report as Attachment F. The appellant maintains however that the City's cultural landscape, character, aesthetics, view shed, historic resources, and pedestrian/vehicle safety would be compromised by this and other foreseeable projects. The appellant calls the City's piecemeal approach to wireless communication facilities inconsistent with other City policies that aim at protecting the environment, improving the quality of life, and promoting sustainability. This assertion, however, is unfounded. Each application evaluated by the Zoning Administrator, or Planning Commission on appeal, is specifically analyzed for conformance with applicable rules and regulations, including conformance with the City's General Plan. Many of these applications are also reviewed by the City's Architectural Review Board to ensure facility screening is compatible with existing site improvements. Projects, in part, are conditionally approved or denied based on an 5 applicant's ability to design a project in compliance with the City's General Plan. There is no evidence to support that pedestrian or vehicle safety has been compromised, historic resources adversely altered or the cultural landscape changed as a result of any wireless communication facility in the City. This is particularly the case for the subject application, which is essentially entirely screened from view. The only visible element of the facility would be a two foot square panel antenna on the penthouse wall atop a five story building. This antenna would also be painted to match the color of the existing building. No change in height, bulk, mass or character of existing structure will occur as part of this project. Associated mechanical would be housed within the existing building. Based on this design, the proposed project will not have any individual or cumulative impact upon the City's physical or cultural environment. The contention of the Planning Commission's environmental determination is not supported by substantial evidence linking the project to any significant environmental impact, as required by CEQA. Regarding the due process concerns expressed in the appeal statement, the project was properly noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050. Evidence of proper noticing is available in the administrative record. Moreover, this challenge is actually directed at the underlying decision to grant the Use Permit, a decision that is not before the City Council. Conclusion The Zoning Administrator and Planning Commission on appeal approved the subject Use Permit application based on findings and subject to conditions. The Planning 6 Commission's determination that the project was categorically exempt from CEQA was subsequently appealed based on concerns related to potential significant environmental impacts. Analysis of the appeal statement, the project, and the information provided by the applicant shows that the categorical exemption issued for this project is appropriate. CEQA STATUS The project is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 of the State Implementation Guidelines in that the project involves the installation of limited new commercial wireless communication antennas and associated mechanical equipment on the roof of an existing commercial building. The wireless facility is in compliance with FCC requirements regarding wireless facilities. In addition, the proposed facility has been designed to limit any visual impacts by being located behind the existing parapet walls. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 300 foot radius of the project and published in the "California" Section of The Los AnQeles Times at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment A. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. 7 RECOMMENDATION It is recommended that the Council deny the appeal (04APP004) and uphold the Planning Commission's CEQA determination exempting the proposed project from further environmental review, based upon the following finding: FINDING(S) 1. The project is categorically exempt from the provIsions of California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 of the State Implementation Guidelines in that the project involves the installation of limited new commercial wireless communication antennas and associated mechanical equipment on the roof of an existing commercial building. In addition, the proposed facility has been designed to limit any visual impacts by being located behind the existing parapet walls. Portions of the existing parapet will be removed and replaced with a fiberglass screen, textured, painted, and sized to match the existing building condition. As a result, the only visible antenna from the public right-of-way, will be the flush mounted panel antenna on the penthouse, also painted to match the building, which will not be easily seen by motorists or pedestrians. The mechanical equipment associated with the antennas will be located within the building and will not be visible. The wireless facility must be installed in compliance with FCC regulations concerning radio frequency emissions. Prepared by: Attachments: Suzanne Frick, Director Amanda Schachter, Planning Manager Jonathan Lait, AICP, Acting Principal Planner Tony Kim, Associate Planner City Planning Division Planning and Community Development Department A. Public Notice B. Appeal Statement C. Planning Commission Staff Report and Statement of Official Action dated February 18, 2004 D. Zoning Administrator Determination approved October 16, 2003 E. Project Plans F. Applicant-Prepared FCC Compliance Information G. CEQA Class 3 Exemption 8 ATTACHMENT A Public Notice 10 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Appeal 04APP004 3010 Wilshire Boulevard APPLICANT: Infranext, for AT&T Wireless PROPERTY OWNER: Public Storage, Inc. APPELLANT: Matthew Baird A public hearing will be held by the City Council to consider the following request: Appeal 04APP004 of the Planning . Commission's California Environmental Quality Act (CEQA) determination exempting the construction of an unmanned wireless telecommunication facility from environmental review. DATEITIME: TUESDAY, SEPTEMBER 28,2004, AT 6:45 p.m. LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. Address your letters to: City Clerk Re: 04APP004 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Tony Kim at (310) 458-8341, or bye-mail at tony-kim@santa-monica.org. The Zoning Ordinance is available at the Planning Counter during business hours and on the City's web site at www.santa-monica.orQ. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPANOL Esto es una noticia de una audiencia publica para revisar applicaciones proponiendo desarrollo en Santa Monica. Si deseas mas informacion, favor de lIamar a Carmen Gutierrez en la Division de Planificacion al numero (310) 458-8341. APPROVED AS TO FORM: 11 ATTACHMENT B Appeal Statement 12 '04 MAR -1 P 3 :14 City of Santa Monica Department of Planning and Community Development Planning and Zoning Division (310) 458-8341 ~~Y ;><-;yv\ toSDA :JD,.J APPEAL FORM '~)!t If vr D~teFiled ~~ j Received By p,. . Receipt No. QOOY Name ?Yk~ ~~~ , .LJ . /I#"-i Address .:lOo 9' /"7// 2c:,./t/~ /,/r/e- ~ ~~ GL /?1~'""'-; r-'C..... / L."7 .-:"7"'v~c;u;/ Contact Person Phone(Yd) ~L 8-Sa,~c:;J Please describe the project and decision to be appealed .../'J.P J?,/ r;t g c ~ #~ ;;t:- Case Number 25 - Il Address Applicant Original Hearing Date Original Action Please state the specific re-ason(s) for the appeal r ~ e,/ ~ L-"\;;!:; A~f)p_r;// Q3~O/C a/' 03VAP-O// / r ,; Please provide two self-addressed, stamped, letter-sized envelopes. Signature _.~~ Date 3-- /-0 7/ lwisn to an appeal to the City Council regarding the Planning Commission's approval of Article 8-B Appeal 03- 016 of 03V AR-O 11 the Construction of a cell-phone wireless telecommunication facifity at 3010 Witshire Boulevard based on a categorical exemption from CEQA. Under the Public Resources code 211 51; a categorical exemption must be allowed to be appealed to"the City's Elected Decision Making Body." This Categorical Exemption is unlawful because this project may have a significant environmental impact. The A T@T representative did not inform the public or present evidence as to what the power output of these antennas will be, and has also not provided an accurate project representation, rendering, or description of the wireless facility. CC: Carl HiUiard Attorney at Law, Susan ~Brandt-Hawley, Brandt-Hawley Law Group March 1, 2004 Santa Monica City Council Santa Monica City Hall 1685 Main Street Santa Monica, California 90401 Re: Appeal of Planning Commission Article 8-B Appeal 03-016 of 03 V AR-Oll Dear Mayor Bloom and Members of the City Council: On February 18, 2004, the Santa Monica Planning Commission approved AT&T Wireless Minor Use Permit 03VAR-Oll for construction of a new cellular facility at 3010 Wilshire Boulevard. I am appealing this approval on behalf of _ and myself and _[ #]_ residents pursuant to California Public Resources Code 9 21151. This appeal is based on the California Environmental Quality Act, which was violated when the Planning Commission improperly upheld the adoption of a Categorical Exemption for the purported minor use, and declined to require an Environmental Impact Report for this facility. We recognize that Congress has preempted consideration of health issues by state and local governments. However, 47 C.F.R 9 1.1307(b) requires an environmental evaluation if the proposed transmitters may cause human exposure to RF radiation in excess of FCC guidelines. The proposed cellular facility is located just two feet away from the apartment building at 3020 Wilshire Blvd. It is generally acknowledged that adverse health effects may occur when humaqs are in such close proximity to cell site antennas. (See attached exhibits). Despite the presumptive adverse health effect to people living next to this facility, AT&T did not disclose any of the operating parameters of the proposed facility that would have triggered an environmental evaluation based on FCC exposure limits. At a minimum, the Planning Commission should have required AT&T Wireless to do more than blithely say that the proposed facility would be in compliance. Citizens living in close proximity to the transmitter antennas should not be required to rely on such bland assurances and an environmental study is required. "The City of Santa Monica has a commitment to protecting the environment, improving quality of life, and promoting sustainability." "Preservation of historic resources has been important to the City of Santa Monica qnd its residents for decades."1 The piecemeal approval of wireless cellular facilities is inconsistent with these goals. While 03V AR-Oll is just one application, it is part of a proposed system, and the environmental impacts of the system must be considered in its entirety for cumulative impacts. This facility is not a "stand-alone" site; by its very nature cellular service is part of a network and the selection of anyone site I Quotes from www.santa-monica.org e e affects the placement of the next site. The cumulative impacts of this and other pending and reasonably foreseeable cellular sites in Santa Monica include potential significant effects on community character, aesthetics, view shed, vehicle and pedestrian safety, historic resources, and the cultural landscape. The adoption of a Categorical Exemption is unlawful when there is evidence in the record that supports a fair argument that a project - alone or considered cumulatively with other pending or reasonably foreseeable projects - may have a significant environmental impact, regardless of opposing expert opinions from the applicant or City staff. The Planning Commission ignored this evidence in refusing to require an Environmental Impact Report. Finally, as a matter of due process, residents living in the apartment complex and within 300 feet of this proposed facility were not given notice of this application as required by Municipal Code ~ 9.04.20.22.050. The January 14-20 issue of the Santa Monica Mirror quotes the City's Director of Planning and Community Development as saying "There may have been a problem with the Post Office." The evidence that a large number of affected residents did not receive this notice and did not have an opportunity to present their concerns to the Planning Commission overcomes the presumption that notice was mailed. Thank you for your consideration of this important appeal. Sincerely, ~':-Y;7~"7 Matt Baird 3009 Arizona Avenue Santa Monica, California Tel: (310) 828-5030 e e Consulting Group, Inc. November 3,2000 TELECOMMUNICATIONS John Barlow Office of Deputy Mayor Mathis City Council Offices City of San Diego 202 C Street, MS lOA San Diego, CA 92101 RE: Sprint PCS site at Cliff ridge Park, Cliffridge Drive, La Jolla Dear Mr. Barlow: Thank you for taking the time to meet with me on September 21, 2000. I apologize for taking this much time to get back to you in response to the questions you had regarding Electromagn(:tic.Emissions (EME} for the proposed facility. I have reviewed the site design with Sprint and reported the concerns of Mr. Mathis' constituents. Sprint does acknowledge that someone could get on top of the equipment building and sit in front Oftp.Q~~d;\lltennason,:~hecuP91a. If this did happen, potential health effect may occur dependIng art 'how-long the person were to sit there. In no way does Sprint want to subject anyone to any potential danger. With this in mind, Sprint has decided to alter the design of this structure so that the walls of the cupola extend further and are flush with the edge of the building. This will prevent anyone from climbing onto the equipment building to be positioned directly in front of antennas. In addition, Sprint is going to recess the antennas into the building and place a fiberglass panel over the antennas to keep them hidden from view. Since the antennas will not be visible, children will not be encouraged to climb onto the building ~o investigate. If you or Deputy Mayor Mathis have any further questions or concerns please do not hesitate to call me at 858-573-7356. Thank you for your time and assistance with this proj ct. "J (\ 7 '\ Si~ er4Y: I ) 1,1/ J. ,^~WU)j/' 'J 9C."l,..J y. rad Werdick JM Consulting Group Cc: Robin Shifflet, City of San Diego, 202 CSt., MS 35, San Diego, CA 92101-3860 Mac Strobl, Public Affairs, 9710 Caminito Joven, San Diego, CA 92131 7747 Opportunity Rd, · Siln Diego, CA 92111-22l3 Telephone: (858) 573.7300 · Fax: (858) 573.8993 e Page 1 of 2 e TileHawaiiChannel- KITV 4 News - Angry Residents Ticked Over T-Mobile Tower Contact the Station Sign up for E-News Search I Nlfi1j~~!MJl'f1 11II ri~~~JLCOM,& J, ";~f!',,.I.~ i~' ~~ -.~ KnV mtf'WEVlfH1U:, ~;nmy .. JI &}if&~ ~ ; Central Padne Bank .. HOME I KITV 4 NEWS ~ Email This Story ~ Print This Story Angry Residents Ticked Over T -Mobile Tower Health Concerns Spur Call For Federal Action POSTED: 7:13 AM HST September 28,2003 HONOLULU -- Residents of a state housing project say Hawaii is making money at the expense of their health, and they're asking the federal government to step in. Residents at the Puu Wai Momi housing project near Aloha Stadium were upset two years ago when a T-Mobile cellular phone relay went up without warning. They got even more concerned as th~y saw people getting sick. "People were saying tha,t their daughters were miscarrying," said Dorene Ako, who lives under the tower. "There is just one incident after another. " Ako points out the apartments where people have been ill -- all ill a IIdrrow concrete canyon under the transmitter. The health department says the antenna should not be causing any health problems, although someone standing within 10 feet of the transmitter for more than a few minutes or so could get tissue damage. "We are all getting sick, and they need to get those antennas down and out of here," said Heather Kahawai of the Puu Wai Momi Tenants Association. DISCOVER UH More Headlines From TheHawaiiChannel.co m News Judge Orders Lindsey To Prison Islamic Jihad Behind Bombing That Killed 19 Kuaklnl Medical Center Faces Litigation Once Again Sports Bryant's HawaII Arrival Delaved Entertainment Courtney Love Arrested For Alleged DruQ Use Health ICE: Hawaii's Crvstal Meth Epidemic Money What Do You Pay For Gas? TechnologV Web Links From Computer Talk Desktop Alert http://www.thehawaiichannel.com/newsI2S1620S/detail.html 10/4/2003 It - iawaiiChannel - KITV 4 News - Angry Residents Ticked Over T -Mobile Tower Page 2 of2 T-Mobile pays the state about $1,000 each month to use the rooftop. Tenants were not told the antenna was going In, or even what It was at first. After they were sued, the state hosted a meeting supposedly to reassure tenants. But the tenants weren't satisfied, with some saying the state ignored their concerns. So Friday, tenants marched downtown to the federal Housing and Urban Development. HUD oversees the state housing program. After the protest march, the state said it's learned a lesson from Its experience at Puu Wai Mom!. It now promi:se:s to con:sult with tendnl:> befort: il installs any more antennas, but the state makes a lot of money on them and it's certainly not promising that no more will. Copyright 2003 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. S Emili! This Story 8 Print This Story Win A Trip To Mexico: Download Desktop Alert! . 9 Register To Win A Trip For 2 To Mexicol .'~. '.' . * Breaking News Alerts ,,', * Severe Weather Alerts Click here to download Desktop Alert! --- KAMA'A1NA INSURANCE PP.OfESSIONALS 808..531..5221 @ 2003, Internet Broadcasting Systems, Inc. Click he re for the priv"cy policy, terms of use. Oick here for advertising information. Site Map httpl/www.thehawaiichannel.com/news/2516208/detail.html 10/4/2003 ATTACHMENT C Planning Commission Staff Report and Statement of Official Action dated February 18, 2004 CP:AS: KC: PB: F :\PLAN\S HARE\PC\STRPT\03\03APP-0 16.30 1 OWilshire .doc Planning Commission Mtg: February 18, 2004 Santa Monica, California TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Appeal 03-016 of a Zoning Administrator Determination approving a Wireless Communication Facility and Associated Mechanical Equipment (Use Permit 03-011 ) Address: Applicant: Property Owner: Appellant: 3010 Wilshire Boulevard Infranext, for AT&T Wireless Public Storage, Inc. Matthew Baird INTRODUCTION Action: Appeal of the Zoning Administrator's approval of a Use Permit to construct an unmanned wireless communication facility on the roof of an existing five-story building. Recommendation: Deny the appeal and uphold the Zoning Administrator's determination based on revised findings and conditions. SITE LOCATION AND DESCRIPTION The subject property is a 25,387 square foot parcel located on the southeast corner of Wilshire Boulevard and Stanford Street. An existing five-story building is located on the parcel and contains several general retail establishments adjacent to Wilshire Boulevard and a public storage facility that is accessed from a parking lot on the south side of the parcel. The storage facility occupies floor levels two through five. Surrounding uses to the north and west are similarly zoned Boulevard Commercial (C6) and include retail, office and an apartment. To the south and east are residential uses, which are located in the Low Density Multiple Family Residential (R2) district. Zoning District: C-6, Boulevard Commercial Land Use District: General Commercial Parcel Area: 170' x 149.3' = 25,387 square feet PROJECT DESCRIPTION The applicant proposes an unmanned wireless communication facility on the roof of an existing five-story building. The building extends 54 feet in height to the parapet wall and approximately 62 feet to the top of the existing penthouse. The facility includes six panel antennas measuring approximately four feet tall by six inches wide, attached to the building parapet; a two foot square-shaped flat panel antenna, attached to the penthouse wall; a 1 small GPS antenna; and, mechanical equipment. Associated mechanical equipment is housed on the fifth floor within the existing building and occupies approximately 200 square feet in area. An air conditioning unit for the mechanical room will be located on the roof. The panel antennas mounted to the fagade of the building at the parapet are grouped into three sets of two antennas each. The groups, or sectors, face to the north, west and east and are located at the building corners. The flat square shaped antenna on the penthouse will face Wilshire Boulevard to the north. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project does not comply with regulation and design standards set forth in Santa Monica Municipal Code section 9.04.10.06.110 (a)(3), pertaining to nonparabolic commercial antennas. The section establishes the location, placement and quantity of antenna limitations on the parcel or building. As with most wireless communication facilities, contemporary construction and mounting techniques are typically different from code-mandated standards. However, with approval of a Use Permit, the Zoning Administrator, or Planning Commission on appeal, may grant modifications to the design standards. The subject application requests relief from the above cited section. CEQA STATUS The project is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 of the State Implementation Guidelines in that the project involves the installation of small new commercial wireless communication antennas on the roof of an existing commercial building. RENT CONTROL STATUS Commercial property exemption. FEES The project is not subject to any special City Planning related fees. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 300 foot radius of the project and published in the "California" Section of The Los Anqeles Times at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment C. On December 17, 2003, the applicant and appellant were notified by phone of the subject hearing date. 2 ANAL YSIS Backqround The Zoning Administrator approved the subject Use Permit application on October 16, 2003. The approval was based on findings demonstrating the project's consistency with the General Plan and compatibility with other uses in the general vicinity. In addition to standard conditions of approval, three special conditions were added requiring the applicant to demonstrate compliance with applicable Federal Communication Commission regulations, removal of abandoned equipment, and modifications to an existing fire exit. The last condition was in direct response to public testimony and to ensure security of the wireless facility. There are no outstanding code compliance issues associated with this property. On February 5, 2004, the applicant submitted revised plans, which are included in the packet. The revisions result in aesthetic changes to the building but do not reduce the number, type or location of antennas. Appeal Analvsis An appeal to the Zoning Administrator's determination was filed on October 30, 2003. The appellant believes that the project would result in a diminution of property values and create a negative visual impact to the surrounding neighborhood, but provides no additional information to further this argument. These two issues were also raised at the September 9,2003 Zoning Administrator hearing. As typical with wireless communication facilities, the Zoning Administrator seeks to balance a carrier's need for an expanded wireless service with the potential negative visual impacts commonly associated with this type of installation. Often changes are required that reduce antenna height, placement or require mechanical equipment to be located within a building or underground. Concerns regarding health and safety are usually expressed at these hearings, but there is little that a local agency can do to address these concerns. Local governments are preempted by federal regulation to issue a determination on wireless communication facilities based on health or safety concerns, unless it can be clearly demonstrated that there is a significant health threat. However, the Federal Communications Commission (FCC) and the California Public Utilities Commission verify compliance with applicable regulations, and accepted health safety standards. Compliance with these standards is required prior to facility operation and is not expected to create a public health and safety problem. The City requires as a standard condition of approval, documentation from the wireless carriers noting approved compliance with FCC regulations. Reduced property value arguments are often expressed by opponents of wireless communication facilities. While this represents a real concern for area residents, evidence showing a clear link between reduced property values and a specific wireless communication facility has never been submitted to the Zoning Administrator. In response to concerns regarding the subject application, residents were offered an opportunity to 3 submit an impartial property assessment report, however, none was submitted. In the absence of this information, it is difficult to conclude that in fact these facilities impact property values, and more specifically, property values in Santa Monica. Therefore, while the appellant asserts that the facility would impact property values, without credible evidentiary evidence, staff is unable to support this argument. Subsequent to the filing of the appeal, the applicant redesigned the project. The revised plans further address the appellant's aesthetic concerns and locate the antennas behind the existing parapet. As redesigned, portions of the existing parapet will be removed and replaced with a fiberglass screen, textured, painted and sized to match the existing building condition. As a result, the only visible antenna from the public right-of-way, would be the flush mounted panel antenna on the penthouse, also painted to match the building, which will not be easily seen by motorists or pedestrians. As a result, staff supports this revised alternative. Conclusion The project includes the installation of a new wireless communication facility atop a five story building in the Boulevard Commercial district. Associated antennas will be screened by the building's existing parapet and mechanical equipment will be housed within the existing building. The appellant is concerned that the facility will result in unwanted visual impacts and reduce property values in the vicinity. Staff has analyzed the appeal statements and Zoning Administrator determination and recommends that the Planning Commission deny the appeal. RECOMMENDATION It is recommended that the Planning Commission deny the appeal and uphold the Zoning Administrator's approval of Use Permit 03-011 based on the following findings and conditions: USE PERMIT FINDINGS (a) The proposed use is subject to approval of a Use Permit within the subject district and complies with all of the applicable provisions of the Zoning Code. Specifically, Santa Monica Municipal Code (SMMC) section 9.04.10.06.110 (a) permits wireless communication facilities in the C6 commercial district. However, the proposed project does not comply with the regulation and design standards of the section. Pursuant to SMMC section 9.04.10.06.110 (b), the Zoning Administrator, or Planning Commission on appeal, may approve modifications to the regulation and design standards subject to approval of a Use Permit. In accordance with the Antenna chapter, a Use Permit was filed. (b) The subject parcel is physically suitable for the type of land use being proposed. The property is a 170' wide and 150' deep (25,387 square feet) parcel located on the southeasterly side of Wilshire Boulevard in the C-6 (Boulevard Commercial) District. The parcel's topography is relatively level and contains a five-story public storage building with ground floor retail tenant spaces. The proposal will not 4 increase parcel coverage, building height, mass, or bulk. The technology associated with the proposed use has specific location requirements in terms of height, placement and positioning. The subject parcel contains attributes that are consistent with these requirements that renders the parcel suitable for the proposed land use. (c) The proposed use is compatible with existing land uses presently on the subject parcel in that the site is developed with commercial storage and retail sales uses. The proposed wireless communication facility is an ancillary commercial activity that does not have the potential to disrupt or otherwise conflict with existing land uses on the subject parcel. Proposed antennas will be located on the roof of the building, while associated mechanical equipment will be housed within the existing storage facility. (d) The proposed use is compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located in that this zone district is intended to provide for general retail and office uses and serve regional, community, and local needs. The proposed wireless facility is an ancillary use that supports the area residents and businesses with wireless service and, as such, is compatible with existing and permissible land uses in the district. (e) The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood. Specifically, the antennas will be painted to match the existing structure and mounted below the height of the existing parapet. Associated mechanical equipment will be located within the building and as such will have a minimal visual impact on surrounding properties and residents. (f) The proposed use is consistent with the goals, objectives, and policies of the General Plan. Specifically, Objective 1.1 aims to improve the quality of life for all residents by providing a balance of land uses. The installation of the proposed telecommunications facility will contribute to the quality of life for residents by efficiently linking telecommunications so that they may better serve the needs of the public. '(g) The proposed use would not be detrimental to the public interest, health, safety, or general welfare in that the antenna must operate in compliance with all applicable Federal Communication Commission (FCC) guidelines and regulations which safeguard public health, safety, or general welfare from Radio Frequency Radiation (RFR). NON-PARABOLIC ANTENNA FINDINGS (h) There are topographical conditions, nearby tall structures or other factors that unreasonably obstruct or otherwise unreasonably interfere with the effective transmission or reception of the type of antenna desired and the cause of such obstruction or interference was not created by the applicant. Specifically, the general vicinity west of the project site is an area where the wireless carrier's network has poor or weak signal propagation. Locating the subject antennas further 5 east of the proposed sight would overlap existing good coverage areas and would not meet the applicant's objective to enhance the existing wireless network along Wilshire Boulevard. Similarly antenna locations further north or south would not provide sufficient coverage for the targeted commercial corridor (Wilshire Boulevard). The subject building satisfies the technical criteria for the wireless communication facility and ensures the effective transmission and reception of wireless coverage in the area. Signal propagation maps showing existing and anticipated signal strength demonstrates the enhancement to the wireless network. The subject building facilitates this improved coverage because of its location and height, and because there is a willing property owner to permit the proposed equipment on the building. Moreover, the proposed antennas and associated mechanical equipment are screened from view, hidden behind existing parapets, flush mounted to the fa<;ade of an existing parapet, or housed within the existing building. Therefore, there are no aesthetic impacts associated with the proposed facility. . Standard Conditions 1. This approval applies only to the request to construct an unmanned wireless telecommunication facility as shown on the plans dated February 5, 2004, and subject to any special conditions. Minor amendments to the plans shall be subject to approval by the Zoning Administrator. 2. Except for allowances granted by this entitlement, the applicant shall comply with all other applicable provisions of Article IX, Chapter 9 of the Santa Monica Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. This approval shall expire twelve (12) months from the effective date, unless, in the case of a new development, a building permit has been obtained, or in the case of a change of use, a business license has been issued and the use is in operation prior to the expiration date. This approval shall also expire if the building permit expires or if the rights granted under this approval are not exercised within one year of the earliest to occur of the following: issuance of a Certificate of Occupancy or, if no Certificate of Occupancy is required, the last required final inspection for new construction. Upon the written request from the applicant, prior to expiration, the Zoning Administrator may extend this period up to an additional one (1) year. Applicant is on notice that extensions may not be granted if development standards, the development process, or other requirements relevant to the project have changed since project approval. 4. Within ten (10) days of transmittal of this Statement of Official Action, the project applicant shall sign a copy of the determination and return the document to the City Planning Division. The applicant's signature constitutes acceptance of the conditions of approval and understanding that failure to comply with such conditions shall constitute grounds for potential revocation. 6 Special Conditions 5. Installation and operation of the wireless communication facility shall be designed to comply with all applicable local, state and federal regulations. Prior to issuance of a building permit, the applicant shall submit evidence demonstrating compliance with applicable the Federal Communication Commission regulations. 6. If operation of the wireless communication facility is abandoned for a continuous period of one year or more, all components of the facility shall be removed. Portions of the building damaged or discolored by removal of the equipment shall be repaired in a manner that restores the building to its prior condition. Re-installation of a new wireless communication facility shall necessitate the filing of a new Use Permit application. 7. Prior to submitting for Architectural Review, the applicant shall redesign the emergency fire exit such that no person could reasonably gain access to the upper floor level to disrupt the antennas or associated mechanical equipment. This redesign shall comply with all applicable building and fire codes and shall be subject to approval by the Zoning Administrator. 8. Antenna screening that replaces portions of the existing parapet shall provide a seamless transition between the screening material and the building. The screening shall have the same height, size, color and texture as the existing parapet. No portion of the antenna structure shall exceed the existing parapet height. Prepared by: Peter J. Blied, Associate Planner Attachments: A. Appeal Statement, dated October 30,2003 B. Zoning Administrator Determination 03UP-011 C. Notice of Public Hearing D. Radius and Location Map E. Photo Simulations F. Architectural Plans 7 City of Santa Monica City Planning Division C i t Y of Santa Monica'. PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: APPEAL 03-016 of Use Permit 03-011 LOCATION: 3010 Wilshire Boulevard APPELLANT: Matthew Baird APPLICANT: Infranext, for A.T.&T. Wireless PROPERTY OWNER: Public Storage, Inc. CASE PLANNER: Peter Blied, Associate Planner REQUEST: Appeal of a Zoning Administrator Determination approving a Wireless Communication Facility and Associated Mechanical Equipment (Use Permit 03-011). CEQA STATUS: The project is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 of the State Implementation Guidelines in that the project involves the installation of small new commercial wireless communication antennas and associated mechanical equipment on the roof of an existing commercial building. RELEVANT PERMITS: None. PLANNING COMMISSION ACTION February 18, 2004 Date. Approved based on the following findings and subject to the conditions below. X Appeal Denied. Zoning Administrator's Determination (03-UP- 011) Upheld. Other. EFFECTIVE DATE OF ACTION: February 18. 2004 EXPIRATION DATE OF ANY PERMITS GRANTED: February 18, 2005 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Twelve (12) months per Use Permit 03-011 Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit. Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. FINDINGS: USE PERMIT FINDINGS (a) The proposed use is subject to approval of a Use Permit within the subject district and complies with all of the applicable provisions of the Zoning Code. Specifically, Santa Monica Municipal Code (SMMC) section 9.04.10.06.110 (a) permits wireless communication facilities in the C6 commercial district. However, the proposed project does not comply with the regulation and design standards of the section. Pursuant to SMMC section 9.04.10.06.110 (b), the Zoning Administrator, or Planning Commission on appeal, may approve modifications to the regulation and design standards subject to approval of a Use Permit. In accordance with the Antenna chapter, a Use Permit was filed. (b) The subject parcel is physically suitable for the type of land use being proposed. The property is a 170' wide and 150' deep (25,387 square feet) parcel located on the southeasterly side of Wilshire Boulevard in the C-6 (Boulevard Commercial) District. The parcel's topography is relatively level and contains a five-story public storage building with ground floor retail tenant spaces. The proposal will not increase parcel coverage, building height, mass, or bulk. The technology associated with the proposed use has specific location requirements in terms of height, placement and positioning. The subject parcel contains attributes that are consistent with these requirements that renders the parcel suitable for the proposed land use. (c) The proposed use is compatible with existing land uses presently on the subject parcel in that the site is developed with commercial storage and retail sales uses. The proposed wireless communication facility is an ancillary commercial activity that does not have the potential to disrupt or otherwise conflict with existing land uses on the subject parcel. Proposed antennas will be located on the roof of the building, while associated mechanical equipment will be housed within the existing storage facility. (d) The proposed use is compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located in that this zone district is intended to provide for general retail and office uses and serve regional, community, and local needs. The proposed wireless facility is an ancillary use that supports the area residents and businesses with wireless service and, as such, is compatible with existing and permissible land uses in the district. (e) The physical location or placement of the use on the site .is compatible with and relates harmoniously to the surrounding neighborhood. Specifically, the antennas will be painted to match the existing structure and mounted below the height of the existing parapet. Associated mechanical equipment will be located within the building and as such will have a minimal visual impact on surrounding properties and residents. (f) The proposed use is consistent with the goals, objectives, and policies of the General Plan. Specifically, Objective 1.1 aims to improve the quality of life for all residents by providing a balance of land uses. The installation of the proposed telecommunications facility will contribute to the quality of life for residents by efficiently linking telecommunications so that they may better serve the needs of the public. (g) The proposed use would not be detrimental to the public interest, health, safety, or general welfare in that the antenna must operate in compliance with all applicable Federal Communication Commission (FCC) guidelines and regulations which safeguard public health, safety, or general welfare from Radio Frequency Radiation (RFR). NON-PARABOLIC ANTENNA FINDINGS (h) There are topographical conditions, nearby tall structures or other factors that unreasonably obstruct or otherwise unreasonably interfere with the effective transmission or reception of the type of antenna desired and the cause of such obstruction or interference was not created by the applicant. Specifically, the general vicinity west of the project site is an area where the wireless carrier's network has poor or weak signal propagation. Locating the subject antennas further east of the proposed sight would overlap existing good coverage areas and would not meet the applicant's objective to enhance the existing wireless network along Wilshire Boulevard. Similarly antenna locations further north or south would not provide sufficient coverage for the targeted commercial corridor (Wilshire Boulevard). The subject building satisfies the technical criteria for the wireless communication facility and ensures the effective transmission and reception of wireless coverage in the area. Signal propagation maps showing existing and anticipated signal strength demonstrates the enhancement to the wireless network. The subject building facilitates this improved coverage because of its location and height, and because there is a willing property owner to permit the proposed equipment on the building. Moreover, the proposed antennas and associated mechanical equipment are screened from view, hidden behind existing parapets, flush mounted to the fagade of an existing parapet, or housed within the existing building. Therefore, there are no aesthetic impacts associated with the proposed facility. CONDITIONS: 1. This approval applies only to the request to construct an unmanned wireless telecommunication facility as shown on the plans dated February 5, 2004, and subject to any special conditions. Minor amendments to the plans shall be subject to approval by the Zoning Administrator. 2. Except for allowances granted by this entitlement, the applicant shall comply with all other applicable provisions of Article IX, Chapter 9 of the Santa Monica Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. This approval shall expire twelve (12) months from the effective date, unless, in the case of a new development, a building permit has been obtained, or in the case of a change of use, a business license has been issued and the use is in operation prior to the expiration date. This approval shall also expire if the building permit expires or if the rights granted under this approval are not exercised within one year of the earliest to occur of the following: issuance of a Certificate of Occupancy or, if no Certificate of Occupancy is required, the last required final inspection for new construction. Upon the written request from the applicant, prior to expiration, the Zoning Administrator may extend this period up to an additional one (1) year. Applicant is on notice that extensions may not be granted if development standards, the development process, or other requirements relevant to the project have changed since project approval. 4. Within ten (10) days of transmittal of this Statement of Official Action, the project applicant shall sign a copy of the determination and return the document to the City Planning Division. The applicant's signature constitutes acceptance of the conditions of approval and understanding that failure to comply with such conditions shall constitute grounds for potential revocation. Special Conditions 5. Installation and operation of the wireless communication facility shall be designed to comply with all applicable local, state and federal regulations. Prior to issuance of a building permit, the applicant shall submit evidence demonstrating compliance with applicable the Federal Communication Commission regulations. 6. If operation of the wireless communication facility is abandoned for a continuous period of one year or more, all components of the facility shall be removed. Portions of the building damaged or discolored by removal of the equipment shall be repaired in a manner that restores the building to its prior condition. Re- installation of a new wireless communication facility shall necessitate the filing of a new Use Permit application. 7. Prior to submitting for Architectural Review, the applicant shall redesign the emergency fire exit such that no person could reasonably gain access to the upper floor level to disrupt the antennas or associated mechanical equipment. This redesign shall comply with all applicable building and fire codes and shall be subject to approval by the Zoning Administrator. 8. Antenna screening that replaces portions of the existing parapet shall provide a seamless transition between the screening material and the building. The screening shall have the same height, size, color and texture as the existing parapet. No portion of the antenna structure shall exceed the existing parapet height. VOTE Ayes: Nays: Abstain: Absent: Brown, Clarke, Dad, Pugh Hopkins, Johnson None O'Day NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. Darrell Clarke, Chairperson Date F:\PLAN\SHARE\PC\STOAS\2003\03APPO 16.STOA.doc ATTACHMENT D Zoning Administrator Determination approved October 16, 2003 e~ CITY OF SANTA MONICA CITY PLANNING DIVISION STATEMENT OF OFFICIAL ACTION FINDINGS AND DETERMINATION OF THE ZONING ADMINISTRATOR City of Santa ~Ioniea~ PROJECT INFORMATION CASE NUMBER: 03UP-011 ADDRESS: 3010 Wilshire Boulevard LEGAL DESCRI PTI ON: Lot 1, Block 11, Artesian Tract ZONING DISTRICT: C-6, Boulevard Commercial LOT AREA / DIMENSIONS: 25,387 square feet /170' wide X 149.34' deep RENT CONTROL STATUS: Exempt APPLICANT: Infranext, for A.T.& T. Wireless PROPERTY OWNER: Public Storage, Inc. CASE PLANNER: Peter J. Blied RELEVANT PRIOR PERMITS: None REQUEST: The applicant requests a Use Permit to construct an unmanned wireless telecommunication facility on the roof of an existing five-story building. The equipment will consist of a GPS antenna, a flat panel antenna, and three sectors of two antennas each, which will be painted to match the building and mounted to the parapet below the roofline. Pursuant to SMMC Section 9.04.10.06.11 O(b), this request is subject to review and approval of the Zoninq Administrator. Statement of Official Action Zoning Administrator Determination Page 1 of 5 CEQA STATUS: The project is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 of the State Implementation Guidelines in that the project involves the installation of small new commercial wireless communication antennas and associated mechanical equipment on the roof of an existing commercial building. ZONING ADMINISTRATOR ACTION September 9,2003 October 16, 2003 Public Hearing Date. Approved based on findings and subject to conditions. Denied based on findings. Effective Date Of Action If Not Appealed: Expiration Date: Length Of Any Possible Extension: October 31 , 2003 October 16, 2004 Twelve (12) months USE PERMIT FINDINGS (a) The proposed use is subject to approval of a Use Permit within the subject district and complies with all of the applicable provisions of the Zoning Code. Specifically, non-parabolic antennas are permitted in the C-6 District subject to Use Permit approval and conformance with applicable development standards set forth in SMMC Section 9.04.10.06.110. (b) The subject parcel is physically suitable for the type of land use being proposed. The property is a 170' wide and 150' deep (25,387 square feet) parcel located on the southeasterly side of Wilshire Boulevard in the C-6 (Boulevard Commercial) District. The parcel's topography is relatively level and contains a five-story public storage building with ground floor retail tenant spaces. The proposal will not increase parcel coverage, building height, mass, or bulk. The technology associated with the proposed use has specific location requirements in terms of height, placement and positioning. The subject parcel contains attributes that are consistent with these requirements that renders the parcel suitable for the proposed land use. (c) The proposed use is compatible with existing land uses presently on the subject parcel in that the site is developed with commercial storage and retail sales uses. The proposed wireless communication facility is an ancillary commercial activity that does not have the potential to disrupt or otherwise conflict with existing land uses on the subject parcel. Proposed antennas will be located on the roof of the building, while associated mechanical equipment will be housed within the existing storage facility. Statement of Official Action Zoning Administrator Determination Page 2 of 5 (d) The proposed use is compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located in that this zone district is intended to provide for general retail and office uses and serve regional, community, and local needs. The proposed wireless facility is an ancillary use that supports the area residents and businesses with wireless service and, as such, is compatible with existing and permissible land uses in the district. (e) The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood. Specifically, the antennas will be painted to match the existing structure and mounted below the height of the existing parapet. Associated mechanical equipment will be located within the building and as such will have a minimal visual impact on surrounding properties and residents. (f) The proposed use is consistent with the goals, objectives, and policies of the General Plan. Specifically, Objective 1.1 aims to improve the quality of life for all residents by providing a balance of land uses. The installation of the proposed telecommunications facility will contribute to the quality of life for residents by efficiently linking telecommunications so that they may better serve the needs of the public. (g) The proposed use would not be detrimental to the public interest, health, safety, or general welfare in that the antenna must operate in compliance with all applicable Federal Communication Commission (FCC) guidelines and regulations which safeguard public health, safety, or general welfare from Radio Frequency Radiation (RFR). CONDITIONS OF APPROVAL Standard Conditions 1. This determination shall not become effective for a period of fourteen days from the determination date or, if appealed, until a final determination has been made on the appeal. 2. This approval applies only to the request to construct an unmanned wireless telecommunication facility as shown on the plans dated 08/28/2003, and subject to any special conditions. Minor amendments to the plans shall be subject to approval by the Zoning Administrator. 3. Except for allowances granted by this entitlement, the applicant shall comply with all other applicable provisions of Article IX, Chapter 9 of the Santa Monica Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica. Statement of Official Action Zoning Administrator Determination Page 3 of 5 4. This approval shall expire twelve (12) months from the effective date, unless, in the case of a new development, a building permit has been obtained, or in the case of a change of use, a business license has been issued and the use is in operation prior to the expiration date. This approval shall also expire if the building permit expires or if the rights granted under this approval are not exercised within one year of the earliest to occur of the following: issuance of a Certificate of Occupancy or, if no Certificate of Occupancy is required, the last required final inspection for new construction. Upon the written request from the applicant, prior to expiration, the Zoning Administrator may extend this period up to an additional one (1) year. Applicant is on notice that extensions may not be granted if development standards, the development process, or other requirements relevant to the project have changed since project approval. 5. Within ten (10) days of transmittal of this Statement of Official Action, the project applicant shall sign a copy of the determination and return the document to the City Planning Division. The applicant's signature constitutes acceptance of the conditions of approval and understanding that failure to comply with such conditions shall constitute grounds for potential revocation. Special Conditions 6. Installation and operation of the wireless communication facility shall be designed to comply with all applicable local, state and federal regulations. Prior to issuance of a building permit, the applicant shall submit evidence demonstrating compliance with applicable the Federal Communication Commission regulations. 7. If operation of the wireless communication facility is abandoned for a continuous period of one year or more, all components of the facility shall be removed. Portions of the building damaged or discolored by removal of the equipment shall be repaired in a manner that restores the building to its prior condition. Re- installation of a new wireless communication facility shall necessitate the filing of a new Use Permit application. 8. Prior to submitting for Architectural Review, the applicant shall redesign the emergency fire exit such that no person could reasonably gain access to the upper floor level to disrupt the antennas or associated mechanical equipment. This redesign shall comply with all applicable building and fire codes and shall be subject to approval by the Zoning Administrator. Statement of Official Action Zoning Administrator Determination Page 4 of 5 APPLICANT NOTICE This decision of the Zoning Administrator may be appealed to the Planning Commission during a 14-calendar day appeal period following the decision date. Such an appeal may be made by filing an official appeal form with the City Planning Division, 1685 Main Street, Room 212, Santa Monica, CA 90401, accompanied by a filing fee of $207.00. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Zoning Administrator of the City of Santa Monica. Applicant Date Jay M. Trevino, AICP Zoning Administrator Date F:\PLAN\SHARE\ZONE\USE\UP2003\03UP011.doc Statement of Official Action Zoning Administrator Determination Page 5 of 5 ATTACHMENT E Project Plans Electronic version of attachment is not available for review. Document is available for review at the City Clerk's Office and the Libraries. Proposed AT& T \Yireless Telecol1l111unications Facilit~, 3010 Santa -'Ionica BI\'d. (Public Storage) Looking Southeast from Wilshire Blvd. Photographic simulation prepared by InfraNext;~': 2927 De la Vina Street. Santa Barbara, California 93105' (805) 898-0567 . www.inrranexl.com INfRA NEXT Proposed .\T& T \Yireless Telecolllnlunications Facility 3010 Santa 'Ionica Blyd. (Public Storage) Looking Southwest from Wilshire Blvd. Photographic simulation prepared hy InfraNext .~ 2927 De la Vina Street. Santa Rarhara, California 93105. (805) 898-0567 . www-infumext.com rNFRANExT Proposed AT&T \Vireless Teleconllnunications Facility 3010 Santa !\1ollica BI\'d. (Public Storage) Looking Northeast from Stanford St. Photographic simulation prepared by InfraNext "$j: 2927 De la Vina Street. Santa Barbara, California 93105' (805) 898-0567. www_infranext.com INFn-^ N"E~T ATTACHMENT F FCC Compliance Information (ATTACHMENT I) BA~KGROUND INFORMATION 1. FACILITY OPERATOR'S LEGAL NAME: AB Cellular LA. LLC, a Delaware limited liability company. d/b/a AT&T Wireless 2. FACILITY OPERATOR'S MAILING ADDRESS: 12900 Park Plaza Drive -3rd Floor. Cerritos. CA 90703 3. FACILITY OPERATOR'S CONTACT NAME/TITLE: Anissa S. Youngblood. Site Development Specialist. - Infranext. Inc. 4. FACILITY OPERATOR'S OFFICE TELEPHONE: (909) 231-4045 5. FACILITY OPERATOR'S FAX: (714) 739-2486 6. FACILITY NAME: AT&T Wireless LSANCA0606 950023008B 7. FACILITY ADDRESS: 3010 Wilshire Blvd 8. FACILITY CITY/COMMUNITY: Santa Monica 9. FACILITY STATE AND ZIP CODE: CA 90403 10. LATITUDE: 34.02' 21.8" N 11. LONGITUDE: 118.28' 23.2 W EVALUATION OF CATEGORICAL EXCLUSION 12. LICENSED RADIO SERVICE: (See attached Table 1): Wireless Communication Service 13. STRUCTURE TYPE: (free-standing or building/roof-mounted): roof mounted 14. ANTENNA TYPE [omni directional or directional (includes sectored)]: Panel antennas. 2 per sector. total of 3 sectors 15. HEIGHT ABOVE GROUND OF THE LOWEST POINT OF THE ANTENNA (in meters): 10.0584 meters 16. CHECK IF ALL OF THE FOLLOWING ARE TRUE: (a) This facility will be operated in the Multipoint Distribution Service, Paging and Radiotelephone Service, Cellular Radiotelephone Service, Narrowband or Broadband Personal Communications Service, Private Land Mobile Radio Services Paging Operations, Private Land Mobile Radio Service Specialized Mobile Radio, Local Multipoint Distribution Service, or service regulated under Part 74, Subpart I (see question 12) (b) This facility will not bee mounted on a building (see question 13) (c) The lowest point of the antenna will be at least 10 meters above the ground (see question 15). If box 16 is checked, this facility is categorically excluded and is unlikely to cause exposure in excess of the FCC's guidelines. The remainder of the checklist need not be completed. If box 16 is not checked, continue to question 17. 17. ENTER THE POWER THRESHOLD FOR CATEGORICAL EXCLUSION FOR THIS SERVICE FROM THE ATTACHED TABLE 1 IN WATTS ERP or EIRP (note: EIRP = (1.64) X ERP): Total power of all channels>1640 W EIRP 18. ENTER THE TOTAL NUMBER OF CHANNELS IF THIS WILL BE AN OMNI DIRECTIONAL ANTENNA, OR THE MAXIMUM NUMBER OF CHANNELS IN ANY SECTOR IF THIS WILL BE A SECTORED ANTENNA: 1- 19. ENTER THE ERP OR EIRP PER CHANNEL (using the same units as in question 17): EIRP = 57dbm or 501 W.. ERP = 50111.64= 306W 20. MULTIPLY ANSWER 18 BY ANSWER 19: 4 X 306 = 1224 21. IS THE ANSWER IN QUESTION 20 LESS THAN OR EQUAL TO THE VALUE FROM QUESTION 17 (Yes or No)? YES )> ::l. f/l '< !II. lD 3 o Z ~f/l~ g !l ~ ~~~ )>)> -g:~ III --I g,~ arm. 0'" c.;~ III 3 3 III )> ::l. f/l '< '" ;;r 3 ~ ~ 0 _.~O 3 " ~ So; =r:"!:""! )>)> -g:~ III --I Co~ *~ o '" Q~ III 3 3 III ~ ;;rf/l r-;:;: g~~ g:3S' ::!!'! !;i ,.... o (Jl )> ::J <0 '" CD (Jl ~ ~ ill 0- :! 3: "U m :I: t::J C1\ o o III ~ o .... o (J) ~ o 00" :I:: ~ i ~ ~;t>Q,~ :E~3.~g offfi~~ ~~~tb?= ~tt~a)'a.lc. ~~m~[D~~ ... ~ ~~~~ '" o ~r I s:: ~ ~~. o 3: ~ ~ ~ a ~ ~ ~ 3.@ g ~fffi~~ .." ~ :;;: a; '" 0. 0. ~m~(1)f~~(1)'~ ..,,) ..... ~.... 3l a.. ... ?>cn~o :::J ()) W j..J <:> "" '" 0 '" <0 '" o o '" '" o o co i- f/l )> Z () )> o (J) o (J) '" "" '" '" o 3 m Q ~ ~ 3 ~ )( l ~~. m ~ ~ ;jJ (I) ~ ~ ~ ~ m ~ ~ AI 2. $ 7. a; fZ ~~- " o fg",~ r;~~~-u o g: N ~ < (1) :;;: gf--~ ~~ *~ -Eg,'< ~ ~ "tI ." :!. o 3 lD Q. III ':'; ~ )> CiJ m. :;' f-- @ '" I ~ CD' g. (:) ~ !'l o 0 ~ ~ " x 05' ~ - " Gl '" :i" ;p. ." f ::::; o ~ cO <0 g; I o '" m o -< ~ " x o;p. o " ~ - " Gl -" ~ :5" ;p. ." ~ "" O~tO (0 ~ I'~ -< 5' ~ ~ :::J ..., ~ " 0 (1) s:::9.{O ~ ~ g z ~ 5- 9 ~ Q 10 ~ &'~ -c o~ ~ !:..o 0 g~~~ ::l a.. Ie ~ ~i~ (i)'(i)' ~~ "'~ ~~~~s ~ fii N;; ~~~~~ o 0'1 c..n CD ;p. " m ~ g ~~~ 8. ~ g ~g5. 9 CD Q ~ () ~ ()~ "'0 ~~~:70" 5.. 0 0;::0, g~~~~Q~ :::lo.IO~3~ ~~i~Q~~ z o "T1 I: ;:+ ::r ~ ;C "T1 m )> ::J III -< '" iii' ;C lD .c I: ~. ?- <D'CD' ~ 5!t '" ~ ;;: lD lD it Ul ;f1. So "T1 o o C ::J " o ::l. 2- CD Q. ,.... 3' ;= Q' III o --I :I: )> ::J ;;r ::J ::J III f/l '< '" c; 3 !" ~~~~5 ;:g Nit ~gsNg;:~ ~ 0'1 0 m ~ ~ ~ a J;1 ~ ~ z ~ ~ ~ :::T (i).$? ;;: lD lD it "T1 o o C ::J " o ::l. 2- CD Q. ,.... ~: it Q' III o --I :I: )> ::J c; ::J ::J III f/l '< '" c; 3 !" ;;: lD lD it "T1 o o () o ::l. 2- CD Q. r- ~: it ~ III o --I :I: )> ::l. lD ::J ::J III '" f/l '< '" c; 3 '" )> ::l. '" ::J ::J OJ ~ '" c; 3 o ::J lD ~ ;;r ::J ::J OJ f/l '< '" ;;r 3 --I ~ o Z I: 3 r:r ~ So )> ::J c; ::J ::J OJ f/l '< '" ;;r 3 !'! ., Power DenSily,J.!w/cm2 o ~ " o o o o o o !=' " " o !=' I Q N' o ::J e!: lr" 0; ::J (") '" a 3 " )>0 ::J ro ::J ::J ~ ;:l!8 o l> ::I it ::I " :! ~ "'1JNO'\........... CD ~~*gg 3 10"39..** 0 II~i~2~ ; ~;3.g~ I~ Q.;?. g I~ ~g~ ~ "T1~C: "" g~~ c{) 3r ""[ o o o o Power DensitY,J.!w/cm2 o ~ 8 o o !=' " o o o o o !=' l> ::I it ::I ::I III III '< ~ .. 3 't o :I: Q N' o ::J e!: ~o 0; ::J (") '" - (3 3 g )> ::J ro ::J ::J .flJ 0 ;:l! 0 o o o o o % Uncontrolled MPE o ~ 8 ~ o 0 o :... " o o !=' I Q N' o ::J e!: ~ 0 0; g " (3 3 " )> 0 ::J ro ::J ::J .Ill ;:l! 0 o o II: ! "'1JJ\)0'1.......... 2.~~gg (:;-3 0 ~~ mo2s.a 0..0,:::::1 C{)! 6'~~2=ig ~aa~;[ ; g:g~ ~. ~~c: ,-<< ;i:~~ m , I ~_J c: ::I " o ;l. ~ CD Q, ;;: -g m ;a .. .. ~ o o o o ~ ATTACHMENT G CEQA Class 3 Exemption ATTACHMENT G CEQA Class 3 Exemption Title 14. California Code of Regulations Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 19. Categorical Exemptions 15303. New Construction or Conversion of Small Structures Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to: (a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. (b) A duplex or similar multi-family residential structure, totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes and similar structures designed for not more than six dwelling units. (c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (f) An accessory steam sterilization unit for the treatment of medical waste at a facility occupied by a medical waste generator, provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste.