PLANNING COMMISSION MEETING DATE:
FEBRUARY 5, 2024
EXEMPTION NO. EX 23-054 and RESOLUTION NO. PC 23-5069 - CROWN CASTLE, RENEWAL OF CONDITIONAL USE PERMIT FOR WIRELESS FACILITIES
CASE NUMBER:
CONDITIONAL USE PERMIT (CUP) 22-0004
Recommendation
Recommendation
• ADOPT Exemption EX23-054 and find the project can rely on previously adopted Mitigated Negative Declaration ND 03-662.
• APPROVE Conditional Use Permit renewal, CUP22-0004 to allow for continued operation of an existing wireless telecommunication facility located at the Twin Oaks Valley Golf Course.
Body
Introduction
The project site, Twin Oaks Valley (TOV) Golf Course, is currently developed as an 18-hole golf course, clubhouse, restaurant and golf shop. In addition, four wireless telecommunication facilities are located on the golf course site. The wireless facility that the Commission is considering today was originally approved by the City in 2003. The project received a single extension of the original Conditional Use Permit (CUP) from the City in 2013 and has been in operation since 2003. The applicant is now requesting their second extension of the CUP. The wireless telecommunication facility is disguised as a faux broadleaf tree. Its associated equipment enclosure is attached to an adjacent maintenance building with stucco walls and a concrete tile hipped roof to match the existing buildings at the site.
Discussion
The project site is currently developed as an 18-hole golf course, clubhouse, restaurant and golf shop. The existing Crown Castle wireless telecommunication facility project is located between the ninth fairway and driving range at the TOV Golf Course. The project proposes renewal of an existing entitlement (CUP 02-552) for the continued use and unchanged operation of an unmanned digital mobile communications facility originally approved with (9) antennas and 384 sq ft. equipment shelter. The faux monobroadleaf tree is 35’-8” in height and the project is proposing the rebranching and addition of 32 new monobroadleaf branches. The site is zoned Specific Plan Area (SPA)/TOV Ranch Specific Plan and has a General Plan Land Use Designation of Open Space. The TOV Ranch Specific Plan designates the site as a golf course, allowing the operation of wireless telecommunication facilities provided a CUP is approved for each facility.
The land uses surrounding the wireless facility’s leased area include the golf course open space to the north, south, east, and west, including three additional monobroadleaf wireless facilities adjacent to the subject facility’s lease area on the parcel. Single family residential homes within the Twin Oaks Valley Ranch neighborhood are located beyond the golf course.
In 2003, the City approved CUP 02-552 authorizing Sprint Assets, PCS to construct the subject wireless telecommunication facility. The approval was to establish, operate, and allow construction of an unmanned digital mobile communications facility with up to nine (9) antennas at a height of 31’-6”, fully concealed by a 35' tall faux monobroadleaf tree, of which Sprint PCS utilized three (3) antennas, and a 384 square foot equipment storage building. In January of 2007, ownership of the facility transferred to Crown Castle. The Planning Commission approved renewal of CUP 02-552 for three (3) Sprint PCS antennas at a height of 33’, fully concealed by a 38' tall faux monobroadleaf tree, on January 7, 2013 as CUP 12-898. The applicant filed this second renewal application of their CUP on November 30, 2022, for Sprint’s use of all nine (9) available antennas, as CUP 12-898 was due to expire on January 7, 2023.
Since taking possession of the facility in 2007, Crown Castle has leased the “antenna space” to other telecommunication providers. Sprint is currently the only tenant at the site, and is utilizing the nine (9) antennas located on three panel arrays. Approval of this CUP renewal would allow the continued operation of the site for a period of ten (10) years and allow upgrades to existing facilities (i.e. collocation) with the issuance of Building Permits. Any upgrades or modifications to the facility would be required to comply with the conditions of approval of this CUP and all equipment would need to be completely concealed within the existing facilities.
A compliance inspection of the facilities conducted by Staff on November 22, 2022, determined that the state of the faux broadleaf’s branches had deteriorated and that rebranching to further conceal equipment was required. Conditions requiring rebranching and the addition of 32 new branches to better conceal equipment have been included in the Resolution of the project. Other than this issue, staff found the facility to be in compliance with the original CUP (CUP 02-552) and the site was well maintained.
Section 704 of the Telecommunication Act of 1996 states that “No State or local government or instrumentality thereof may regulate the placement, construction, or modification of wireless telecommunication facilities on the basis of the environmental effects of radio frequency (RF) emissions to the extent that such facilities comply with the commission's regulations concerning such emissions.” The City therefore cannot deny the proposed project based upon perceived health impacts of these facilities. The Federal Communications Commission (FCC) has developed exposure guidelines which are the implementing regulations for Section 704. The FCC guidelines require evaluation to determine whether transmitters of facilities comply with the FCC radio frequency (RF) guidelines and incorporate Maximum Permissible Exposure (MPE) limits. MPE limits are defined in terms of power density, electric field strength, and magnetic field strength to which a person may be exposed without harmful effect. The standards established in the FCC RF guidelines constitute exposure limits and are relevant only to facilities that are accessible to workers or members of the public. To show compliance with these standards, the applicant is required to submit an updated RF Report anytime modifications to the facility are made (i.e. addition of new antennas, etc.), and the applicant has provided their updated RF Report as part of this CUP renewal application. The required report will include RF field measurements to ensure that current environmental conditions are included in the analysis and shall confirm that the wireless telecommunication facility is operating within the FCC RF guidelines for MPE.
Environmental Review
A Negative Declaration (ND 03-662) was prepared, circulated, and adopted on July 8, 2003, with the approval of CUP 02-552. Because the requested renewal proposes no modification of the project site as originally evaluated in ND 03-662, staff has determined that the proposed project remains within the scope of the previously adopted Negative Declaration and no further environmental analysis is required. Additionally, the proposed continuation of the operation of a wireless communications facility is Categorical Exempt from environmental review pursuant to CEQA Section 15301, Class I (Existing Facility with No Expansion) as the existing facility is not proposing any expansion.
Public Comment
No public comments were received by the City during the processing of this application.
Attachment(s)
Adopting Resolution:
Resolution PC 23-5069
A. Vicinity Map
B. Requested Entitlement
C. Site & Project Characteristics
D. Aerial Photo
E. Project Plans
F. Photo Simulations
Prepared by: Sarah Cluff, Associate Planner
Reviewed by: Saima Qureshy, AICP, Principal Planner
Reviewed by: Stephanie Kellar, P.E., Deputy City Engineer
Submitted by: Joe Farace, Planning Division Director