REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Action on a Conditional Use Permit (PLN24-00112) for a new unmanned telecommunication facility with indoor equipment storage area and a new 80-foot-tall monopine (Verizon Wireless) at 3536 Monroe Street
Report
REPORT IN BRIEF
Project: Conditional Use Permit to allow a new Verizon wireless unmanned telecommunication wireless Facility, including an 80-foot-tall antenna and a 556 square foot equipment shed
Applicant: SAC Wireless, LLC
Owner: Bethel Church
General Plan: Medium Density Residential
Zoning: B - Public or Quasi Public
Site Area: 66,050 square feet (1.5 acres)
Existing Site Conditions: Developed Church Site
Surrounding Land Uses
North: PD - Planned Development (Monticello Mixed Use Apartment Development)
South: B - Public or Quasi Public (Hope Lutheran Church)
East: PD - Multi-Family and R1-6L - Single Family (Townhomes and Single-Family Detached Residences)
West: R3-25D - Multi-Family (Apartments)
Staff Recommendation: Adopt the resolution approving the Conditional Use Permit, subject to conditions of approval.
BACKGROUND
On February 29, 2024, the applicant, Philip Decker of SAC Wireless, LLC, applied for a Conditional Use Permit for a new unmanned telecommunication facility use at 3536 Monroe Street. The property totals approximately 66,050 square feet (1.5 acres) and is currently developed with a church and various smaller accessory structures supporting the church. The subject new telecommunication facility would be operated by Verizon Wireless and include an 80-foot-tall monopole constructed with camouflaging materials resembling a pine tree. Because of this camouflaging characteristic, the facility is known as a “monopine”. Supporting the facility includes the use of 556-square feet of an existing accessory structure for equipment storage.
The project site is located on the southeast corner of Monroe Street and Pacific Drive. The property is surrounded by mostly residential uses with mixed-use residential and commercial uses to the direct north of the property. The site is zoned B - Public or Quasi Public and the General Plan land use designation is Medium Density Residential.
DISCUSSION
The proposed new unmanned telecommunication facility would include the installation of a Verizon Wireless 80-foot-tall monopine. The proposed monopine will be equipped with several different types of antennas, including panel antennas, Air6419 antennas, a GPS antenna, and other equipment, as well as materials placed onto the tower resembling the canopy of a pine tree. The monopine will be surrounded by an eight-foot-tall wrought iron fence with a three-foot wide access gate, the proposed fence will require a separate building permit for construction. All materials and equipment will be stored in a 556 square foot storage area inside an already constructed accessory structure at the rear of the property. The monopine design and structure would be in character for the area, as there are other mature, tall pine trees located closely on and adjacent to the proposed site.
Pertaining to safety concerns, local governments, including the City of Santa Clara, are preempted from regulating wireless telecommunication facilities based on concerns regarding the health effects of radio frequency emissions. The Telecommunications Act of 1996 (47 U.S.C. § 332(c)(7)(B)(iv)) limits the local zoning authority over wireless telecommunication antennas for personal wireless service:
“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.”
General Plan Conformance
The subject property has a General Plan designation of Medium Density Residential.
The proposal is consistent with the following General Land Use and Energy Policies of the General Plan:
• 5.3.1-P16 Promote economic vitality by maintaining the City's level of service for public facilities and infrastructure, including affordable utilities and high-quality telecommunications.
• 5.10.3-P8 Maintain the City's level of service for high quality utilities and telecommunications infrastructure.
Zoning Conformance
The project site is currently zoned B - Public or Quasi Public under the “Classic” Zoning Code. A conditional use permit approval by the Planning Commission is required for all new wireless telecommunication facilities that exceed 70-feet in height. Pursuant to section 18.30.040.C.1 of the Updated Zoning Code, the Code’s height limitations do not apply to antennas.
Parking
This project meets the intent and purpose of City Code Chapter 18.38, Required Off-Street Parking, as no additional parking is required for a wireless telecommunication facility at this time. The site currently has around 75 parking spaces on-site and the project will not require removal of any parking spaces.
Conclusion
The proposal is consistent with the General Plan policies and Zoning Ordinance and is exempt from height requirements. The proposed project is desirable to the public convenience and will improve service/coverage in the general area. The proposed project will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed ancillary use.
ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(d) of the CEQA Guidelines (New Construction of Utility Extensions).
FISCAL IMPACT
There is no impact to the City for processing the requested application other than administrative staff time and expense typically covered by processing fees paid by the applicant.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On May 29, 2024, a notice of public hearing was mailed to property owners within 300 feet of the project site. As of the writing of this staff report, Planning Staff has not received public comments for this application.
RECOMMENDATION
Recommendation
1. Determine that the Project is categorically exempt from formal environmental review per Section 15303(d), New Construction of Utility Extensions, of the CEQA Guidelines; and
2. Adopt a Resolution to Approve a Conditional Use Permit to allow a new telecommunication facility at 3536 Monroe Street, subject to conditions of approval.
Staff
Prepared by: Daniel Sobczak, Associate Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager
ATTACHMENTS
1. Resolution
2. Development Plans
3. Conditions of Approval