city of lafayette planning commission

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City of Lafayette Planning Commission Staff Report

Meeting Date: June 21, 2021 Staff: Jonathan Fox, Assistant Planner Subject: WCF08-20 T-Mobile (Applicant), LR-10 Zoning: Request for: (1) a Wireless

Communications Facility Permit, and (2) a Hillside Development Permit for modifications to an existing wireless facility that includes additional equipment to a monopine and expansion of the equipment enclosure at 3312 Deer Hill Rd, APN 232-140-016.

Summary The Zoning Administrator recommends review of this application to the Planning Commission due to the project’s request to modify an existing monopine, approved by Planning Commission under Land Use Permit 09-01. This staff report provides an overview and analysis of the scope of the project including the siting, design, off-site visibility, environmental analysis, compliance with the General Plan, land use district, and WCF development standards. Staff finds that revisions to the design would better align the project with the required findings for approval. Staff recommends that the Planning Commission review the proposed development, conduct a public hearing, and continue the item to July 19, 2021 to allow the applicant to revise the plans. Scope of Work The property is on Deer Hill Road in the City’s Hillside Overlay District. The project is located on a residentially zoned property which has been historically used to site a residence and wireless facilities. The applicant proposes to remove the existing antennas and mounting brackets on the monopine and replace it with four new larger antennas and four radio units. The equipment enclosure to the east is proposed to expand by 36 sq. ft. to accommodate an additional cabinet and electrical conduit. A cluster of existing panel antennas to the northeast remain unaffected by this modification.

Application History Several previous applications have been approved by the City for the development/modification of wireless facilities at this property:

• L09-94 Next Communications (Applicant), Anthony Lagiss for Anna Maria Lagiss (Owner), R-20/LR: Request for a Land Use Permit for a communications facility and antenna array per Section 6-783(j), comparable uses, located at 3320 Deer Hill Rd., APN 232-140-015. [Approved by the Planning Commission]

• L09-01 Metro PCS (Applicant), Anthony & Anne Maria Lagiss (Owners), R-20 & LR Zoning: Request for a Land Use Permit per sections 6-783 (j) & 6-7164(i) of the Lafayette Municipal Code

Planning Commission WCF08-20 T-Mobile Staff Report June 21, 2021

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for the Installation of antennas for a telecommunications facility; located at 3312 Deer Hill Road. APN 232-140-015. [Approved by the Planning Commission]

• WCF05-13 Spring (Applicant), Anna Maria Dettmer (Owner), LR-10 & R-20 Zoning: Request for a (1) Wireless Communications Facilities Permit, and (2) Hillside Development Permit for modifications to an existing unmanned telecommunications facility that includes the replacement of three (3) existing panel antennas with three (3) new panel antennas and six (6) new remote radio units (RRUs) with filters on a developed parcel within the Hillside Overlay District, located at 3312 Deer Hill road. APN 232-140-016 [Approved by the Planning Commission]

• WCF07-17 Spring (Applicant) LR-10 & R-20 Zoning: Request for (1) a Wireless Communications Facilities Permit, and (2) a Hillside Development Permit for modifications to an existing unmanned telecommunications facility that include the replacement of three (3) existing panel antennas with three (3) new panel antennas and three (3) new remote radio units (RRUs) with filters on a developed parcel within the Hillside Overlay District at 3312 Deer Hill Road, APN 232-140-016. [Approved by the Planning Commission]

Project Site Information

Site Address: 3312 Deer Hill Road

Lot Area 38.14 acres

General Plan Designation: Low Density Single-Family Residential; (up to 2 dwelling units/acre)

Zoning Low-Density Residential District – 10 (LR-10)

Topography: Steep slopes North

Monopine

Panel Antennas

Equipment enclosure


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Existing Use: Single-family residence and wireless facility

Staff Analysis and Comments General Plan and Zoning Code Compliance The development proposal implements General Plan Goal LU-21 to “encourage the availability of high-quality telecommunications services to Lafayette’s citizens, schools, government and businesses.” Additionally, wireless communications facilities are permitted in all zoning districts. The wireless facility adheres to the required setbacks of the LR-10 land use district. The wireless facility does not exceed the 35-foot height limitation required in the LR-10 land use district. Development Standards To approve the application, the Planning Commission must find that the project is consistent with the following development standards for wireless communications facilities: (a) Permitted Zoning Districts: Wireless communications facilities are permitted in all zoning districts.

The project site located within the Low Density Single-Family Residential District – 10 (LR-10).

(b) Preferred Sites: The following is a list of preferred locations for wireless communications facilities:

(1) On a City-owned property (which does not include the public right of way) in any zoning district;

(2) On an existing building or structure in any zoning district except a residential zoning district;

(3) Within commercial, office, and retail zoning districts. (4) Co-located on an existing legal conforming wireless communications facility.

The proposed facility is a preferred site as the applicant proposes modifications to an existing monopine and equipment enclosure.

(c) Discouraged Sites: The following is a list of discouraged locations for wireless communications

facilities:

(1) Single-family and multi-family residential zones or properties with residential uses; (2) Educational facilities The legal conforming wireless communications facility is in a single-family residential zone but was previously approved by the Planning Commission through L09-01.

(d) Stealth Facilities: Wireless communications facilities located in any of the following locations must

be designed as a stealth facility:

(1) Properties designated as historic landmarks. (2) Religious facilities. (3) Educational facilities. (4) Commercial, office, and retail zoning districts.

The proposed wireless communications facility is not located in any of the aforementioned locations.


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(e) Quantity: Not more than one (1) monopole and one (1) appurtenant above grade equipment cabinet, enclosure, building shed or shelter is permitted on any parcel in a Residential Zoning District. The City may waive this requirement if the facilities are consolidated and installed immediately adjacent to one another. The City shall also retain the authority to limit the number of antennas and related equipment at any site in any zoning district in order to minimize potential visual, environmental, and operational impacts. The existing wireless facility layout for an above grade monopine, equipment enclosure, and several panel antennas was approved prior to the adoption of this development standard. Approval of the project would not result in an increased number of monopoles or above grade equipment.

(f) Setbacks: All components of new wireless communications facilities must comply with the setback

and yard requirements for the applicable zoning district. Depending upon specific site constraints and circumstances, the City may choose not to apply this requirement to antennas proposed to be co-located on existing monopoles or utility poles (e.g., microcell sites), nor to underground equipment, if it would preclude use of the proposed site. No portion of any wireless communications facility shall overhang a property line. This restriction shall apply to any portion of any antennas as they rotate or are in a fixed position. All components of the wireless communications facility comply with required LR-10 setbacks. No portion of the facility overhangs a property line.

(g) Equipment Size: Antennas and related equipment shall be the smallest and least visible size feasible. The antennas and related equipment increase the visibility of the facility. Staff recommends revisions to the plans to reduce the size of the antennas and mounting brackets.

(h) Vertical Clearance: Wireless communications facilities, including antennas and pole-mounted

equipment, located within or adjacent to the public right-of-way or access easement shall have at least a vertical clearance of 14’-6” on the street side and 10’-0” on the opposite side (away from the street). Ground-mounted equipment is exempt from this development standard. The existing monopine and equipment enclosure are not located adjacent to the public right-of-way nor an access easement.

(i) Underground: Any equipment that is not installed underground shall be screened by structures,

topography, or vegetation to the maximum extent feasible, as determined by the hearing authority. The City prefers that all equipment be placed underground to the maximum extent feasible, excluding antennas, remote radio units, surge protectors, and other pole-mounted equipment necessitating exposure. The equipment is housed within an existing AT&T equipment shelter. The equipment shelter is substantially concealed from Highway 24 by existing vegetation.

(j) Cables & Conduit: Coaxial cables, conduit lines and electrical boxes for ground-mounted antennas

shall be placed underground or within approved structures. Coaxial cables and conduit lines for roof-mounted or building-mounted antennas shall be placed or camouflaged to minimize their visual impact to the maximum extent feasible. The equipment is housed within an existing AT&T equipment shelter. The equipment shelter is substantially concealed from Highway 24 by existing vegetation.

(k) Building Design: Roof-mounted or building-mounted antennas shall be in scale and architecturally

integrated with the building design to appear visually unobtrusive. Screening may include locating


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the facility within existing steeples and towers or within a new architectural addition to a building or structure, which is architecturally compatible with the building. The project is not designed with roof-mounted or building-mounted antennas.

(l) Artificial Natural Features: No artificial trees, rocks, or similar natural features are permitted.

The facility was approved as an artificial tree through Land Use Permit 09-01, prior to the City’s prohibition on artificial natural features.

(m) Public Art: Applicants are encouraged to design wireless communications facilities to serve as public

art, particularly those in commercial, office, or retail zoning districts. The applicant did not elect to design the facilities to serve as public art. Staff finds this requirement is more appropriate for a facility located within the downtown.

(n) Colors & Materials: Unless otherwise required by City, County, State or Federal rules or regulations,

wireless communication facilities shall have a non-reflective finish and shall be painted a neutral color consistent with the predominant background color, as determined by the hearing authority. The project is conditioned to require that the antennas be painted a similar color as the existing to blend into the existing monopine.

(o) Lighting: Unless otherwise required by applicable Federal rules or regulations, no wireless

communications facility shall propose new exterior lighting, except as required by the Uniform Building Code, Uniform Electrical Code, for emergencies, or to replace and upgrade existing lighting. The project does not propose new exterior lighting other than those required by the regulations mentioned above.

(p) Signage: The facilities shall not bear any signage, other than certification, warning, information,

safety, and directional signage, or other non-commercial signage required by law or expressly permitted by the City. Sign copy shall not include identification of the wireless provider, except where required by law. Signage is limited to that required by law, including those for site identification, contact information, and FCC general exposure limits.

(q) Tree & Landscape Preservation: Wireless communications facilities shall be installed in a manner so

as to preserve existing protected trees and landscaping, as defined in Section 6-1702(p) LMC, whether or not it is utilized for screening. The project involves modifications to an existing monopine and equipment enclosure, and as such does not necessitate the removal of protected trees or existing landscape.

(r) Site Disturbance: Disturbance of existing topography and on-site vegetation shall be minimized, unless such disturbance would substantially reduce the visual impacts of the facility. Project disturbance is limited to the 36 sq. ft. equipment enclosure expansion. No vegetation is proposed to be removed.

(s) Access: No facility shall be built so as to cause the right-of-way in which the facility is located to fail

to comply with the Americans with Disabilities Act or otherwise obstruct access. Access is not anticipated to be impacted by the proposed modifications.


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(t) Security: All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions, which would result in hazardous conditions, visual blight, or attractive nuisances. The proposed modification is to an existing monopine. A barrier and fence are proposed to accompany the modifications. All equipment is to be placed within an existing equipment enclosure.

Visibility and Design Staff evaluated potential view impacts from Deer Hill Road, one of the City’s Viewing Evaluation Sites for which hillside development is assessed. The existing monopine and equipment enclosure are visible from Deer Hill Road heading westbound, as shown in Figure 2 below. Staff finds the project’s scope to replace the existing antennas with more substantial mounting brackets, antennas, and radio units leads to greater visual impact. Furthermore, staff finds the proposed modifications defeat the stealth intent of the Planning Commission’s approval of L09-01. As designed, the more substantial wireless equipment interrupts the conical shape of the monopine and increases its visibility. Staff finds modifications to the plans would better align the project with Finding 6-1512(a)(8) which requires, the facility is designed to blend with the surrounding environment, with minimal visual impact. Staff recommends the applicant submit revised drawings to reduce the number and/or size of the equipment to meet the design intent of the original monopine. Otherwise, the applicant may augment the monopine width and height to conceal the proposed equipment more effectively. If the applicant opts to augment the facility’s stealth features, then staff recommends the Planning Commission require an exception to the development standards as artificial natural features are currently prohibited.

Figure 2. View from Deer Hill Road – westbound. Provided by Applicant.


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Environmental Review Staff evaluated the project in accordance with the California Environmental Quality Act (“CEQA”) and determined the project to be categorically exempt under Section 15301 Existing Facilities, since the project involves modifications to an existing structure. Referrals Referrals were not mailed out for the subject application, as referral agencies did not offer pertinent comments on the previous application for a similar scope of work. Noticing/Public Comments Property owners, twelve (12), within 500’ of the subject property were mailed a notice of public hearing, and the immediate area was posted at least ten days prior to this scheduled public hearing. Staff has not received any public comment for inclusion in this report. Hearing Authority To approve the application, the Commission must make the required findings for a Major Wireless Communications Facilities Permit and Hillside Development Permit. The required findings can be found as Attachment #2. Actions of the Planning Commission can be appealed within 14 calendar days to the City Council as outlined in Section 6-280 of the Lafayette Municipal Code. Staff Recommendation Review the proposed development, conduct a public hearing, and continue the item to July 19, 2021 to allow the applicant to revise the plans. Attachments

1. Aerial Maps and Photos 2. Required Findings 3. Project Renderings 4. Project Plans received March 31st, 2021

3312 Deer Hill RoadAPN 232-140-016

© 2020 Digital Map Products. All rights reserved.

250 feet

Site


Ridgeline Setbacks


250 feet

3312 Deer Hill Rd.APN 232-140-016

Contours


300 feet


Context


500 feet

Required Findings §6-1512 - Findings. a) A Wireless Communications Facilities Permit or a modification or change of conditions to an

approved Wireless Communications Facility, other than those in the public right-of-way, may be granted when the hearing authority finds that the proposed facility:

a. Is consistent with the General Plan and each element of it and will not adversely affect the policies and goals set forth therein

b. Strictly adheres to the development standards and other applicable regulations within

this Chapter or, if applicable, an exception is granted;

c. Based on information provided, is in compliance with all FCC and CPUC requirements, and is not otherwise detrimental to public safety, community welfare, and health, considering aspects over which the City has purview;

d. Will not create a nuisance or enforcement problem within the neighborhood;

e. Incorporates general site considerations, including site layout, open space and

topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements that provide a desirable environment for the development;

f. Incorporates general architectural considerations, including the character, scale and

quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and similar elements that ensure the compatibility of this development with other buildings and structures on the subject property and adjacent properties, as well as each element being consistent with the architectural style of the building or structure;

g. Incorporates general landscape considerations, including the location, type, size,

color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of landscaped areas and similar elements that ensure visual relief, including appropriate visual screening;

h. Is designed to blend with the surrounding environment, with minimal visual impact;

i. Will not have a significant adverse impact on the use of the public right-of-way or City-

owned property, including but not limited to, the safe movement and visibility of vehicles and pedestrians; and

j. Is designed, sited, and will be operated in a manner that does not adversely impact adjacent properties by noise, traffic, aesthetic, or other impacts over which the City has purview.

b) The Planning Commission may grant an exception to any requirement of this Chapter if in

addition to the standard findings for a Wireless Communications Facilities Permit required by Section 1512(a), it also makes the following finding:

§6-2071 Findings required for approval of a hillside development permit on an existing lot of record. The hearing authority may approve an application for a hillside development permit on an existing lot of record in the hillside overlay district only after making the following findings:

(a) The development is consistent with the applicable goals and policies of the general plan and is in conformance with applicable zoning regulations;

(b) The development will preserve open space and physical features, including rock outcroppings and other prominent geological features, streams, streambeds, ponds, drainage swales, native vegetation, native riparian vegetation, animal habitats and other natural features;

(c) Structures in the hillside overlay district will, to the extent feasible, be located away from prominent locations such as ridgelines, hilltops, knolls and open slopes;

(d) The development, including site design and the location and massing of all structures and improvements will, to the extent feasible:

(1) Minimize the loss of privacy to surrounding residents and not unduly impact, restrict or block significant views;

(2) Not have a significant visual impact when viewed from lower elevations from public places, using the viewing evaluation map as a guide to establish locations from which views are considered; and

(3) Not interfere with a ridgeline trail corridor or compromise the open space or scenic character of the corridor.

(e) Within 100 feet of a restricted ridgeline area, or when a exception to a ridgeline setback has been granted, the development will result in each structure being substantially concealed by terrain or vegetation when viewed from lower elevations from public places, using the viewing evaluation map as a guide to establish locations from which views are considered;

(f) Development grading will be minimized to limit scarring and cutting of hillsides especially for long roads or driveways, preserve existing geologic features, topographic conditions and existing vegetation, reduce short and long-term erosion, slides and flooding, and abate visual impacts;

(g) The development provides adequate emergency vehicle access, including turn-around space, to the building site and surrounding on-site undeveloped or isolated areas;

(h) Each structure and proposed landscaping complies with the city’s residential design guidelines;

(i) The new or replacement vegetation for the development is native to the surrounding area in areas abutting open space and natural areas, such as oak woodland, chaparral, grassland and riparian areas, and conforms to the policies of Section 6-2051; and

(j) The development will not create a nuisance, hazard or enforcement problem within the neighborhood or the city, nor require the city to provide an unusual or disproportionate level of public services.

PROPOSED

EXISTING

Photo simulation accuracy is based on information provided to Blue Water Design by the applicant.

BLUE WATER DESIGN

[email protected]

p 425.615.0944

APPLICANT CONTACTSF70301M3320 Deer Hill RoadLafayette, CA 94549

SF70301M

LOCATION Microsoft® Virtual Earth™

TSJ Consulting Inc.

30767 Gateway Place #194Rancho Mission Viejo, CA 92694

p 925.785.3727

Tom Johnson

Completed July 14, 2020

View from the East looking West

T-Mobile1855 Gateway BLVD 9th Floor

Concord, CA 94520

VIEW 1

X

PROPOSED

ANTENNA LOCATIONNEW & EXISTING

PROPOSED

EXISTING


BLUE WATER DESIGN

[email protected]

p 425.615.0944


SF70301M


TSJ Consulting Inc.


p 925.785.3727

Tom Johnson


View from the Southeast looking Northwest


Concord, CA 94520

VIEW 2

X

PROPOSED


PROPOSED

EXISTING


BLUE WATER DESIGN

[email protected]

p 425.615.0944


SF70301M


TSJ Consulting Inc.


p 925.785.3727

Tom Johnson


View from the East looking West


Concord, CA 94520

VIEW 3

X

PROPOSED


PROPOSED

EXISTING


BLUE WATER DESIGN

[email protected]

p 425.615.0944


SF70301M


TSJ Consulting Inc.


p 925.785.3727

Tom Johnson


View from the Southeast looking Northwest


Concord, CA 94520

VIEW 4

X

PROPOSED


city of lafayette planning commission

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