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SR-402-010 (28) 1D PCD:SF:AS:JL F:\CityPlanning\Share\EIRTEMPS\3010 Wilshire\City Council STOA and Staff ReporLdoc Council Mtg: May 10, 2005 Santa Monica, California TO: Mayor and Councilmembers MAY 1 0 200~ FROM: City Staff SUBJECT: Certification of the Statement of Official Action for 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 (Cingular); Appellant: Matthew Baird. INTRODUCTION This staff report transmits for City Council certification the Statement of Official Action for Appeal 04APP004 of the subject Planning Commission action. On March 22, 2005 the City Council denied the subject appeal upholding the Planning Commission's determination. The City Council's decision was based upon the findings contained in the attached Statement of Official Action. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or financial impact. RECOMMENDATION It is recommended that the City Council approve the attached Statement of Official Action. Prepared by: Andy Agle, Interim Director Amanda Schachter, Planning Manager Jonathan Lait, AICP, Acting Principal Planner Community Development Department Attachment: Statement of Official Action :10 MAY 1 0 Z005 e CITY OF SANTA MONICA CITY COUNCIL City of Santa ltlonica"' STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: 04APP004 LOCATION: 3010 Wilshire Boulevard APPLICANT: Infranext, for AT&T Wireless (Cingular) APPELLANT: Matthew Baird PROPERTY OWNER: Public Storage, Inc. CASE PLANNER: Jonathan Lait, AICP, Acting Principal Planner 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. This item was previously considered at the City Council's December 14,2004 meeting. 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, as detailed herein, the proposed facility has been designed to limit any visual impacts by being located behind the existing parapet walls. 2 CITY COUNCIL ACTION March 22, 2005 Date. Approved based on the following findings and subject to the conditions below: x Appeal 04APP004 denied based on the following findings: Other. EFFECTIVE DATE OF ACTION: March 22, 2005 EXPIRATION DATE OF ANY PERMIT GRANTED: Not Applicable (see Use Permit 03- 011 for expiration of entitlements previously granted) LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Not Applicable. 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. FINDING 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 will be installed in compliance with FCC regulations concerning radio frequency emissions. 3 VOTE Ayes: Nays: Abstain: Absent: Bloom, Genser, Holbrook, Shriver and O'Connor Katz, McKeown NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedures 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 City Council of the City of Santa Monica. S-lt-o ~ Date F:\CityPlanning\Share\EIRTEMPS\3010 Wilshire\City Council STOA and Staff Report.doc 4