REPORT TO THE PLANNING COMMISSION JULY 1, 2020 FROM: DANIEL ZACK, Assistant Director Development Services Division THROUGH: MCKENCIE PEREZ, Supervising Planner Development Services Division BY: KAO VANG, Planner Development Services Division SUBJECT ..Title CONTINUED HEARING to Consider Conditional Use Permit Application No. P20-00267 and related Environmental Assessment No. P20-00267, for property located at 4571 West Ashlan Avenue C/T; located south of West Ashlan Avenue between North Blythe Avenue and North Cornelia Avenue. - Planning and Development Department. (Council District 1) 1. ADOPT Environmental Assessment No. P20-00267 dated June 17, 2020, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Section 15303/Class 3 and Section 15332/Class 32 Categorical Exemption. 2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director to recommend approval for Conditional Use Permit Application No. P20-00267 requesting to construct an 80-foot-tall mono-pine wireless telecommunication facility along with a ground equipment cabinet, generator, telco box, and transformer within a fenced area of 30 feet by 30 feet area in the yard of a residential property located in the RM-1/UGM (Residential, Multi-Family, Medium High Density/Urban Growth Management) zone district. ..Body EXECUTIVE SUMMARY On June 17, 2020, this appeal was presented at Planning Commission. The Commission voted to continue the item to July 1, 2020, and requested staff to provide additional information referenced by the applicant during the June 17 hearing; as well as, a radio frequency study in order to address concerns regarding radio frequency emissions for the proposed wireless telecommunication facility. Conditional Use Permit Application No. P20-00267 was filed by Macy Habibeh of Complete Wireless Consulting on behalf of AT&T. The project is proposed on approximately 2.37 acres at 4571 West Ashlan Avenue C/T located south of West Ashlan Avenue between North Blythe Avenue and North Cornelia Avenue. The applicant is proposing to construct an 80-foot-tall mono-pine wireless telecommunication facility along with a ground equipment cabinet, generator, telco box, and transformer within a fenced area of 30 feet by 30 feet in the yard of a residential property zoned RM-1/UGM (Residential, Multi-Family, Medium High Density/Urban Growth Management). On April 6, 2020, a Notice of Intent to Take Action was mailed to property owners within 1,000 feet of the subject property and on April 15, 2020, an appeal letter was received to appeal the project to the Planning Commission. The Director conditionally approved the project on April 30, 2020. On May 4, 2020, the appellant requested to move forward with the appeal to the Planning Commission (See Exhibit H - Public Appeal Letter). BACKGROUND Project Description The proposed project is located on a residential property zoned RM-1/UGM (Residential - Multi-Family, Medium High Density/Urban Growth Management). A single family home currently exists on the subject site. The applicant is proposing to construct an 80-foot-tall mono-pine wireless telecommunication facility along with a ground equipment cabinet, generator, telco box, and transformer within a fenced area of 30 feet by 30 feet in the yard of a residential property. A six-foot-tall wooden fence is proposed to secure the telecommunication facility. The facility is self-operating, 24 hours a day and seven days a week. The telecommunication tower is designed to be co-locatable with more than one carrier. The facility will only be serviced by technicians when maintenance is required, and no sound will be produced in result of the operation of the telecommunication facility (See Exhibit G - Operational Statement). Pursuant to Table 15-1002 of the Fresno Municipal Code (FMC), Telecommunication Facilities are allowed in the RM-1 zone district subject to the approval of a conditional use permit. Pursuant to Section 15-2759 of the FMC, telecommunications and wireless facilities shall comply with the City's policy pertaining to said uses. The regulations are intended to provide the appropriate development of wireless telecommunication facilities within the city to meet the needs of residents, business-owners, and visitors while protecting public health and safety and preventing visual blight and degradation of the community's aesthetic character. The Policies and Procedures Issue No. 33 - Wireless Telecommunication Facilities has been applied to the proposed project to ensure that all requirements and standards of the telecommunication policy have been met. The requirements for a co-location of multiple telecommunication carriers on a single mast are outlined below and include an explanation of how the project meets the requirements. City of Fresno Policy and Procedures Issue No. 33: Wireless Telecommunication Facilities Co-Location of Multiple Telecommunication Carriers on a Single Mast 1. The proposed telecommunication mast for collocation of multiple carriers shall be a 70-foot to 80-foot slim line mono-pole design. Extension of an existing 70-foot mast may be considered on a case-by-case basis. The proposed telecommunication tower is a mono-pine design and proposed at 80 feet. A mono-pine is allowed pursuant to the above-noted policy. 2. Slim line mono-pole shall not exceed a 24-inch diameter from base to top. A mono-pine is proposed in lieu of a mono-pole. The majority of the mono-pine is camouflaged by branches. Only a small portion of the mono-pine is not camouflaged by branches and is approximately 36 inches in diameter. 3. Antennas may be vertically stacked not exceeding a total measurement of 40 feet downward from the top of the mast. The proposed antennas measure approximately 78 inches in height and do not exceed 40 feet in length from the top of the mast. 4. All electrical conduit and/or vinyl coated coax cabling shall be internal to the mast or radome/sheath from the base to the antenna, and shall not be visible. There are no exposed conduits or cables proposed with this project. 5. All antennas shall be installed inside a radome. The mono-pine is proposed in lieu of a mono-pole, therefore a radome will not be utilized. The majority of the mono-pine is camouflaged by branches. A mono-pine is allowed pursuant to the above-noted policy. 6. A radome (sheath covering) shall be installed covering the uppermost portion of the mono-pole and all antennas. A radome is not required for a mono-pine. Please refer to response above in item number 5. 7. The radome shall not exceed 36 inches in diameter and shall not be more than 40 feet in vertical length from the top of the mast. A radome is not required for a mono-pine. Please refer to response above in item number 5. 8. Emergency Global Positioning Satellite (GPS) antenna shall be directly mounted onto the fascia of the facility or out of the line of sight from public views of the facility. A GPS antenna unit in the line of sight is not permissible. The proposed GPS antennas will not be attached to the equipment facility but will be attached to the monopine pole which will be covered and camouflaged by monopine branches to keep out of sight from the public view. 9. Associated with each wireless telecommunications facility shall be a parking area identified for service public vehicles through appropriate signage and/or striping, or through identifying adequate parking in close proximity to the facility available to accommodate service vehicles. The project has been conditioned to provide one parking space for service vehicles. The parking space is required to provide appropriate signage and/or striping. 10. Attachment of a microwave dish is not permissible. A microwave dish is not proposed by this project. 11. A telecommunication mast may exceed 80 feet in height only when special conditions exist, such as attachment of additional wireless antennas to existing telecommunications towers; or when new facilities are to be located inside of the City's C-4-zoned Central Business District will be considered on a case-by-case basis. The mono-pine is proposed at 80 feet high and does not exceed this requirement. 12. A telecommunication mast with a maximum height of 100 feet, not exceeding a 24-inch diameter from base to top, a radome not exceeding 36 inches in diameter, with all antennas on the top 40 feet of the mast, may be allowed in public and private open space areas a minimum of five acres in size and in industrial areas will be considered on a case-by-case basis. Existing structures in these open space and industrial areas (i.e., light standards and other towers) may also be utilized for antennae. This requirement does not apply to the proposed project. Landscaping/Fencing 1. A landscaped buffer strip shall be constructed, contain and maintain deciduous and evergreen trees and shrubs, per City of Fresno landscaping requirements and standards along the exterior perimeter of any facility equipment compound which fronts onto a major or local street and is visible from the public right-of-way. The proposed project is located on a parcel abutting a major street; however, the project site area and equipment are located on the southeastern portion of the parcel and are not visible from the public right-of-way. 2. The landscaped buffer strip shall be at least 3 feet wide, or wider, with a raised curb encircling the facility as may be required by the Fresno Municipal Code (FMC) or through the special permit issuance and appeals process. The proposed project does not front a major or local street and is not visible from the public right of way; therefore, a landscape buffer is not required. Please refer to response above in item number 1. 3. There shall be a 6-foot high solid wall (Public Works Department, Standard Drawing P-35) or approved architecturally-designed solid fence installed surrounding the equipment compound. Slatted chain-link fencing will only be considered when the equipment facility is substantially masked from public view (Public Works Department, Standard Drawing P-45), or is located in a commercial or industrial zone district. A six-foot-tall wooden fence is proposed to mask the telecommunication facility. Other Agencies All comments received from the applicable agencies have been incorporated into the conditions of approval for Conditional Use Permit Application No. P20-00267. The project will comply with all Development Code requirements including setbacks, landscaping, and parking requirements, as incorporated into the conditions of approval. Notice of Intent to Take Action On April 6, 2020, pursuant to FMC Section 15-5007, a Notice of Intent to Take Action was mailed to property owners within 1,000 feet of the subject property (see Exhibit I - Notice of Intent to Take Action). As a result, three property owners emailed staff in opposition to the proposed project in regards to concerns with health issues, impact on property values and close proximity to residents and schools within the area (see Exhibit J - Emails in opposition to the project). Appeal Letter and Process On April 15, 2020, an appeal letter was sent by the property owner residing at 4514 West Ashlan Avenue in opposition to the proposed project (See Exhibit H - Appeal Letter). On April 30, 2020, the Director approved the project and issued Conditions of Approval. Pursuant to the FMC Section 15-5009, staff followed with a Notice of Action and emailed the Notice of Action to the three property owners who were in opposition of the proposed project (See Exhibit K - Notice of Action). On May 4, 2020, Dennis Randle confirmed with staff that he would like to move forward with the appeal to the Planning Commission. Notice of Planning Commission Hearing The Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property on June 5, 2020 (See Exhibit L - Public Hearing Notice). Staff sent notices, via U.S. mail and email, to individuals who requested notification. Two public comments were received and were in opposition to the proposed project and one letter was received in favor of the proposed project (See Exhibit M - Comment Letters Received in Response to Public Hearing Notice). Planning Commission Hearing On June 17, 2020, the proposed project went before the Planning Commission. The Applicant provided an overview of the project and was available for questions regarding the facility. The appellant expressed his concerns to the Commission during the hearing. The Planning Commission voted to continue the project to July 1, 2020 in order for staff to provide the Commission with the Radio Frequency - Electromagnetic Energy (RF-EME) study and websites mentioned by the applicant during meeting. On Friday June 19, 2020, additional information pertaining to the proposed project was emailed by staff to the Planning Commissioners. The additional information provided included the Radio Frequency - Electromagnetic Energy (RF-EME), Operational Statement, studies on the exposure to radio frequency and cell phone towers, and AT&T's informational documents. (See Exhibit N - Additional Information about the proposed project). Appeal Analysis Issue: Mr. Randle is concerned about the potential harm and prolonged health issue that may arise as the community living within the area is exposed to radiation from the proposed cell tower site. Mr. Randle suggested the proposed project to be located in another location where it may better serve commercial areas instead of residential location. Response: The proposed project will be in compliance with FCC guidelines. The proposed project has been found to be in compliance with the Federal Communications Commission (FCC) radio frequency exposure guidelines as determined by the Radio Frequency - Electromagnetic Energy (RF-EME) report by EBI Consulting dated October 1, 2019 (See Exhibit O - RF-EME Report). The Planning Commission cannot regulate the proposed project based on environmental effects because the proposed project meets FCC guidelines. The Telecommunications Act of 1996 limits the authority of a state or local government decision on a telecommunication facility. Here, the Planning Commission's scope of review for the project would need to be in relation to the City of Fresno Policy and Procedures Issue No. 33: Wireless Telecommunication Facilities (See Exhibit S) and the applicant's compliance on that City Policy. The Telecommunications Act precludes the Planning Commission, as a local government body, from regulating personal wireless service facilities based on environmental effects from radio frequency emissions when the emissions meet Federal Communications Commission (FCC) guidelines. Here, the applicant has provided the EME Report which concludes that the proposed telecommunication facility will be in compliance with FCC regulations upon proper installation of recommended signage, as such, the Planning Commission does not have the authority to prohibit the telecommunication facility. LAND USE PLANS AND POLICIES Fresno General Plan The Fresno General Plan designates the subject site for Medium High Density Residential planned land uses and provides objectives to guide in the development of these projects. Conditional Use Permit Application No. P20-00267 meets all policies and objectives of the Fresno General Plan. The following are excerpts of such objectives. Goal 12. Resolve existing public infrastructure and service deficiencies make full use of existing infrastructure, and invest in improvements to increase competitiveness and promote economic growth. Goal 15. Improve Fresno's visual image and enhance its form and function through urban design strategies and effective maintenance. The wireless telecommunication tower is designed to be aesthetically appealing and intended to improve wireless services for users and customers of AT&T in the area. The design of a mono-pine cell tower will blend in with trees in the surrounding area and will be appealing to the eyes for the public and the cell tower will enhance wireless coverage for users in the area. West Area Community Plan Upon reviewing the policies contained in the West Area Community Plan, staff has determined that there are no policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan. FRESNO MUNICIPAL CODE FINDINGS The required findings under Section 15-5306, for Conditional Use Permits, of the FMC are as follows: a. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code; and, b. The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted; and, c. The proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements; and d. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and, e. The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required. f. The proposed use is consistent with the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5. Based upon analysis of the application, staff concludes that the required findings of FMC Section 15-5306 can be made for the proposed project. These findings are attached as Exhibit P - Fresno Municipal Code Findings. ENVIRONMENTAL FINDING The California Environmental Quality Act (CEQA) permits a public agency to determine whether a particular project is exempt from CEQA. A determination of a Categorical Exemption Section 15303/Class 3 and Section 15332/Class 32 of the CEQA Guidelines was made and Environmental Assessment No. P20-00267 was completed for this project on June 17, 2020. Under Section 15303/Class 3, the proposed project is exempt from CEQA requirements when the project 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. This includes 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. Finally, the Class 3 exemption is also applicable to accessory and appurtenant structures. Under Section 15332/Class 32, the proposed project is exempt from CEQA requirements when the project is characterized as in-fill development meeting the following conditions: a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. c) The project has no value as habitat for endangered, rare or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e) The site can be adequately served by all required utilities and public services. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive. (See Exhibit Q - Categorical Exemption). CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the West Area Community Plan and Fresno General Plan; its compatibility with surrounding existing or proposed uses; and, its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the proposed Conditional Use Permit Application No. P20-00267 is appropriate for the project site. The Director's approval should be upheld and the appeal should be denied because the proposed facility will be in compliance with FCC Guidelines; the Telecommunications Act prohibits local government from regulating a proposed facility when the emissions meet FCC Guidelines. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph of Subject Property Exhibit C - Planned Land Use Map Exhibit D - Zoning Map Exhibit E - Project Information Table Exhibit F - Exhibits (Site Plans, Floor Plans, Elevations, Photo Simulation) Exhibit G - Operational Statement Exhibit H - Appeal Letter Exhibit I - Notice of Intent to Take Action Exhibit J - Emails in opposition to the project Exhibit K - Notice of Action Exhibit L -Public Hearing Notice Exhibit M - Comment Letters Received in Response to Public Hearing Notice Exhibit N - Additional Information about the Project Exhibit O - RF-EME Report Exhibit P - FMC Findings Exhibit Q - Categorical Exemption Exhibit R - Conditions of Approval dated Jul 1, 2020 with attachments Exhibit S - City of Fresno Policy and Procedures Issue No. 33: Wireless Telecommunication Facilities