2020-08-05 City Council Item No. 11.4 Wheatfield Cell Tower Remand - Conditional Use Permit No. 2018-078 Regular MEETING - Additional Meeting MaterialsCity of Menifee
City Council
Wheatfield Cell Tower Remand -
Conditional Use Permit No. 2018-
078
•Wheatfield Park
•Planning Area 2-2 of Specific Plan No.
158
•South of La Piedra Road
•West of Menifee Road
•North of Holland Road
Project Location
CUP 2018-078 proposes:
•70-foot stealth clock tower and associated
equipment
•Attached to existing multi-purpose building
via breezeway
•715 square foot lease area enclosed by an 8’
block wall
Project Description
•Previously considered by the Menifee Planning Commission on August 14, 2019
and September 11, 2019.
•The Planning Commission voted to deny the application, and AT&T appealed that
determination.
•The City Council then considered the appeal on November 6, 2019, December 4,
2019, and December 18, 2019.
•The City Council upheld the Planning Commissions denial of the application.
CUP 2018-078 Background
•AT&T filed a lawsuit against the City on January 10, 2020
•Council Considerations
The costs of defending the lawsuit
The likelihood of prevailing in the lawsuit
The possibility that if the City lost the lawsuit all of the conditions that the City could
otherwise have imposed on an approved application would be waived
•Description of Reconsideration on Remand
Lawsuit and Remand
•Telecommunications Policy: Rapid Deployment.
•“Effective Prohibition”: The City’s denial “effectively prohibits” AT&T from
providing wireless telecommunications services in the City if:
•AT&T has a “significant coverage gap” in the area around Wheatfield Park, and
•The proposed clock tower installation is the “least intrusive means” of filling that
gap.
•“Substantial Evidence”: The City did not have “substantial evidence” to
support its denial of the application.
•“Radio Frequency Health Effects”:The City’s denial was illegally based on
concerns over the health effects of radio frequency (RF) emissions.
AT&T’s Legal Claims
•Based on the analysis in the staff report, staff recommends that the City Council
approve the application. Doing so will:
Avoid significant litigation expenses (likely in excess of $200,000)
Avoid the possibility that the facility will be ordered approved by the
United States District Court with no conditions
Result in a facility that is fully concealed in a clock tower
Provide better coverage in the area surrounding Wheatfield Park
Enhance the capacity of AT&T’s FirstNet network for first responders.
Findings/Recommendations
Exempt from CEQA
•The project has been determined to be Categorically Exempt under the
California Environmental Quality Act (CEQA)and CEQA Guidelines,
Section 15301 (“Existing Facilities”).
•The project is an application for a stand-alone wireless communication
facility that will be attached to an existing building at the site.
•The proposed clock tower is a structure similar to a store,motel,office
or restaurant,the project does not involve significant amounts of
hazardous substances and does not exceed 2,500 square feet in floor
area as the project only includes roughly 1,115 square feet of floor area
(clock tower and lease area combined).
Environmental Determination
1.Conduct public hearing
2.Adopt a Resolution,on remand from the United States District
Court,approving Conditional Use Permit No.2018-078 subject to
the Conditions of Approval,and based upon findings and
conclusions incorporated in the staff report and attachments.
Recommendations
Questions?Thank You.
General Plan and Zone Designations
General Plan and Zoning:
Subject Property: SP #158,
Planning Area 2-2
North:SP #158, Planning Area 2-4
South:5.1-8R and R-1
East:SP #158, Planning Area 2-3
West:SP #158, Planning Area 2-1
N
•Clocktower proposed in the
central portion of the site,
attached to existing multi-purpose
building.
•Access via existing driveway off
Menifee Road.
•Approx. 400 ft. from Menifee Rd
•Approx. 500 ft. from nearest
residence
Site Layout
Site Layout Continued
Designed to include:
•Spanish style architecture
•Stucco finish
•Spanish roof tiles
•Faux arched windows and
louver vent accents.
•Attached via lattice
breezeway w/tubular steel
fence
•Consistent with existing
multi-purpose building
Architecture
Looking west from Menifee
Road
Simulation
•Consideration of potential radio frequency emissions from the facility is
not within the purview of the City.
•As long as the facility complies with Federal Communications Commission
(FCC)regulations then the City cannot regulate perceived health
impacts.More specifically:
•“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
Commission's regulations concerning such emissions.”(47 USC §
332(c)(7)(B)(iv).)
Radio Frequency Emissions
Lease Area Layout
•715 sq. ft. lease area
•All antennas and
equipment located
within tower or
walled enclosure
Simulation
Simulation of proposed
facility:
Looking east from Park
Simulation
Simulation of proposed
facility:
Looking NE from Park
Simulation
Simulation of proposed
facility:
Looking north from Park
Existing AT&T Cell Sites in Vicinity
Existing Coverage
Coverage with Proposed Facility