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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