MEETING DATE:
APRIL 22, 2025
SUBJECT:
Title
RESOLUTION NO. 2025-9427 - APPEAL (AA25-0001) OF A PLANNING COMMISSION DECISION APPROVING A CONDITIONAL USE PERMIT (CUP23-0005) RENEWAL TO ALLOW THE CONTINUED OPERATION OF AN EXISTING AT&T MOBILITY WIRELESS TELECOMMUNICATION FACILITY AT 2080 GOLDEN EAGLE TRAIL FOR AN ADDITIONAL TEN (10) YEAR TERM.
Body
Recommendation
Recommendation
ADOPT resolution (2025-9427) denying the appeal (AA25-0001) and uphold the decision of the Planning Commission
Body
Introduction
On February 18, 2025, the Planning Commission voted 7-0 to approve Conditional Use Permit (CUP) 23-0005 and CEQA Categorical Exemption (EX) 24-027 to allow the continued operation of an existing wireless telecommunication facility on a residential property in the Agricultural 1 (A-1) Zone, located at 2080 Golden Eagle Trail (Planning Commission Meeting Minutes provided as Attachment D, adopting resolution provided as Attachment E). On February 19, 2025, an appeal of the Planning Commission’s decision was filed with the City (Attachment H). In accordance with San Marcos Municipal Code (SMMC) Chapter 20.545, the City Council shall hold a hearing on the appeal, and the Council’s decision shall constitute the final determination of the City.
Background
The project site is currently developed with a single-family residence, agricultural buildings, and two (2) faux-tree wireless telecommunication facilities, one operated by T-Mobile/Crown Castle and the subject facility, operated by AT&T Mobility. The adjacent land uses to the east and south are single family residences and vacant lots in the Agricultural 1 (A-1) Zone and the County of San Diego. To the north and west of the project site are single family residences and open space areas that are within the San Elijo Hills Specific Plan area. Access to the site is provided on private roads through Golden Eagle Trail, Attebury Drive, and Questhaven Road.
In 2013, the Planning Commission (and City Council, by virtue of denying an appeal) approved Conditional Use Permit (CUP) 12-004, authorizing AT&T Mobility, LLC to construct and operate a 35’-0” tall, unmanned mono-pine wireless telecommunications facility, along with a 240 square foot (12’-0” x 20’-0”) equipment enclosure designed to resemble an agricultural building. In conformance with Federal Communications Commission (FCC) rules related to minimum terms of permits, the CUP had an initial term of 10-years. Following the approval of CUP 12-004, litigation was filed against AT&T Mobility, LLC; AT&T Mobility, Inc; and the City by members of “CELL NO”, a group of residents living near the project site, including the current appellant: John Signorino. Within thirteen months (December 2014), the litigation was settled, and site acquisition and construction of the facility was completed in July of 2020.
Prior to the expiration of CUP 12-004, a renewal application (CUP 23-0005) was filed by the applicant on August 30, 2023 and approved by the Planning Commission on February 18, 2025. The approval, now under appeal, grants an additional 10-year term and requires the following:
• Restoration of the facility’s faux branches and leaves (to enhance concealment of the antennas)
• Bi-annual submittal of RF/EME Compliance Reports to ensure the facility is operating in conformance with FCC requirements
• Bi-annual submittal of Arborist Reports to ensure screening vegetation is properly growing
While processing CUP 23-0005, public comments were received from current appellant John Signorino (Attachment G), raising health, private road maintenance, and safety concerns. In response, the City provided the following information:
• Radio Frequency (RF) / Electromagnetic Energy Safety Concerns
A Radio Frequency Safety Survey Report (RFSSR) dated November 7, 2024, confirmed the facility complies with FCC Rules & Regulations, requiring no further action.
• Request to Require Additional Private Road Repairs
Regarding private road maintenance, under CUP 12-004, AT&T committed a one-time $10,000 contribution for road repair and maintenance beyond their construction work for properties with easement rights to Golden Eagle Trail. Additionally, CUP 23-0005 requires the applicant to document and repair any road damage caused by construction or maintenance activities, with minimal potential for road damage due to the scale of work.
• Wildfire Safety Concerns
Concerning wildfire mitigation, a 30' fuel management zone around the equipment enclosure is required. The equipment enclosure meets the City's fire mitigation requirements and this condition is reiterated in CUP 23-0005.
Appeal (AA25-0001) Discussion
On February 19, 2025, an appeal of the Planning Commission’s approval of CUP23-0005 was filed by John Signorino. An appeal statement was subsequently submitted on February 24, clarifying the grounds for the appeal (Attachment H). The appeal statement outlines reasons for the appeal (appeal points), which are provided below along with staff responses:
Appeal Point 1:
The AT&T CUP required they do a pre and post analysis of the private roads Attebury and Golden Eagle Trail, and bring these roads back to their condition prior to their cell tower constructions. This was not done. AT&T told the City Council at the CUP approval meeting they would restore these roads to prior “or better” condition. AT&T certainly did not comply with this pledge.
City Response:
A pre-construction video was taken on February 10, 2018, by AT&T and was submitted to the City. This pre-construction video was used to evaluate Mr. Signorino’s 2020 road damage claims. As a result, at the time construction concluded, specific damage identified by Mr. Signorino that could reasonably be associated with AT&T’s construction activities was repaired. Repair of pre-existing damage to private roads not caused by AT&T’s construction activities was not required. Conditions of approval for the original CUP required AT&T to make a one-time $10,000 contribution to Golden Eagle Trail easement holders, to use for the repair or maintenance of the roadway. These funds, approximately $3,333 per easement holder, were distributed by AT&T in December of 2019.
Appeal Point 2:
AT&T nor the City met with the Questhaven Road owners regarding the road condition after the cell tower construction.
City Response:
A meeting with The Questhaven Hills Road owners was not a condition of approval of the CUP, however Mr. Signorino did confirm he was in communication with AT&T’s contractor during construction. Upon the completion of construction, Mr. Signorino submitted road damage claims to the City, that were evaluated as discussed in appeal point 1. No other complaints about road damage or maintenance were received by the City from residents other than Mr. Signorino. After the contractor completed the repair of the damaged areas associated with AT&T’s construction activities, the City has no records of claims about additional road damage. Golden Eagle Trail and Attebury Road are private roads and the City cannot mediate private road maintenance issues beyond the requirements of the CUP.
Appeal Point 3:
AT&T construction equipment exceeded the road weight capacity and damaged these roads. AT&T did not comply with the CUP regarding Golden Eagle Trail.
City Response:
All roads (public and private) are required to be designed for 75,000 lbs loads per fire access requirements. Equipment used by AT&T contractors during construction would be 75,000 lbs or less.
Appeal Point 4:
AT&T did not comply with their current CUP and their pledge to the City Council and road owners.
City Response:
The AT&T CUP 12-004 (Attachment K) conditions of approval related to the private roads required the following:
• Damage to private roads from construction activities must be repaired by AT&T
• $10,000 payment by AT&T to Golden Eagle Trail easement holders to use for repair or maintenance of the roadway
As discussed in prior appeal points, compliance with these conditions of the original AT&T CUP were met and CUP 23-0005 continues to require AT&T to repair any damage caused to private roads resulting from maintenance of the wireless facility.
It is also important to note that, based on SANDAG Traffic Generation Rate figures, AT&T’s wireless facility’s trip generation represents approximately 0.003% of the total trips on Golden Eagle Trail, as summarized below:
Daily Trip Generation Analysis:
|
Use |
Qty. |
Daily Trip Rate |
Total Daily Trips |
|
Estate Residential (1-2 du/ace) |
3 |
12* |
36 |
|
AT&T Cell Tower |
1 |
0.13 (4 trips per month) |
0.13 |
|
Crown Castle/ T-Mobile Cell Tower |
1 |
0.13 (4 trips per month) |
0.13 (4 trips per month) |
*SANDAG Traffic Generation Rate for Estate Residential
Monthly Trip Generation Analysis:
|
Use |
Qty. |
Monthly Rate |
Total Monthly Trips |
|
Estate Residential (1-2 du/ace) |
3 |
360 |
1,080 |
|
AT&T Cell Tower |
1 |
4 |
4 |
|
Crown Castle/ T-Mobile Cell Tower |
1 |
4 |
4 |
Private roads are the maintenance responsibility of the easement holders. AT&T operates its facility as a tenant of the subject property located at 2080 Golden Eagle Trail. Conditional Use Permit (CUP) 23-0005 does not preclude the assignment of maintenance responsibilities or financial participation in road maintenance by AT&T, as determined appropriate by the easement holders. If agreement on private road maintenance responsibilities cannot be reached among the easement holders, then the matter is considered a private civil issue that can be resolved among the involved parties in the civil court system.
Appeal Point 5:
The City and AT&T never met with The Questhaven Hills road owners regarding the CUP and their roads.
City Response:
This was addressed in appeal point 2, above.
Attachment(s)
Adopting Resolution:
Resolution 2025-9427
A. Vicinity Map
B. Requested Entitlements
C. Site & Project Characteristics
D. Planning Commission Meeting Minutes, February 18, 2025 Meeting
E. Planning Commission Adopting Resolution No. PC 24-5140
F. Notice of Exemption (EX 24-027)
G. Public Comments
H. Planning Commission Staff Report
I. Appeal, John Signorino
J. Project Plans
K. CUP12-0004 CC Resolution
L. Additional Correspondence
Prepared by: Corina Flores, Associate Planner
Reviewed by: Sean del Solar, Senior Planner
Scott Nightingale, Principal Planner
Joe Farace, Planning Division Director
Submitted by: Isaac Etchamendy, Director of Development Services & City Engineer
Approved by: Michelle Bender, City Manager