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APPEAL OF PLANNING COMMISSION APPROVAL OF A USE PERMIT AND DESIGN REVIEW FOR A PROPOSED 75-FOOT HIGH WIRELESS TELECOMMUNICATION FACILITY WITH ABOVE GROUND EQUIPMENT IN THE STOCKTON CHANNEL AREA LOCATED AT 2050 W FREMONT STREET (P18-0334)
recommended action
RECOMMENDATION
Staff recommends that the City Council adopt a resolution denying the appeal and upholding the Planning Commission’s approval of a Use Permit and Design Review for a proposed 75-foot high wireless telecommunication facility, based on the findings herein.
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Summary
The City Council is asked to consider an appeal of the Planning Commission’s approval of a Use Permit and Design Review for a 75-foot tall wireless telecommunication facility with above ground equipment located at 2050 West Fremont Street (Attachment A - Appeal Application). The facility is designed as an architectural ‘quad tower’ with internally-mounted antennae not visible from the exterior (i.e., “stealth” design). The facility accommodates ‘co-location’ of two wireless networks.
As proposed, the facility adheres to all objective zoning standards (e.g., setback, height, security features) and is subject to discretionary review by Planning Commission due to location within the Stockton Channel Area Overlay District. After considering an approval recommendation from the Architectural Review Committee (ARC), a staff report and public comment, the Planning Commission adopted a resolution approving the Use Permit for a proposed telecommunication facility by unanimous vote. Subsequently, an appeal of that decision was made by Mary Elizabeth on the basis that the facility should be located outside the Channel Area.
The Planning Commission’s decision is supported by findings of fact, including those related to aesthetic controls for the Channel Area and Freeway Corridors. Staff recommends the City Council deny the appeal and uphold the Planning Commission’s approval.
DISCUSSION
Background
The project site is developed and occupied by an industrial maintenance service company. The site is zoned General, Industrial (IG) and bounded to the:
• North by single-family homes zoned RM (Residential, Medium), and U.S. Interstate 5;
• South by a parking lot, vacant lot, and office buildings zoned IG;
• East by a printing business zoned IG; and
• West by two (2) duplexes and a technology/communicated-oriented industrial business zoned IG.
The project site is situated between U.S. Interstate 5 and the Port of Stockton within the Channel Area Overlay Zoning District.
• The proposed facility consists of a 75-foot tall architectural ‘quad-tower’ with internally-mounted antennae not visible form the exterior (i.e. “stealth design). The facility accommodates ‘co-location’ of two wireless networks with two antenna array locations (i.e., T-Mobile at 70 feet in height, future network at 60 feet in height) (Attachment B - Elevation and Photo Simulations). Two equipment pads are located adjacent to the base of the tower. The entire facility is secured by an 8-foot high chain link fence with slats. All cables associated with antennae are placed inside one of the tower legs to not be visible from exterior. The tower is to be painted a muted or soft white color.
The applicant states the purpose of the project is to relocate an existing T-Mobile wireless telecommunication facility on the Cal Water tank at 811 Buena Vista Avenue. More specifically, the applicant states Cal Water intends to demolish the water tank in the next 6 to 12 months. A replacement facility is proposed at 2050 W. Fremont Street in the southeast corner of the lot adjacent to Melbourne Avenue (Attachment C - Aerial Photo & Location Map).
The proposed facility requires Design Review and Use Permit approval by the Planning Commission (SMC §16.28.040(C); §16.120.040(B)(2)). The applicable criteria for these requests include SMC Chapter 16.44 (Communication Facilities), SMC Chapter 16.120 (Design Review), SMC Chapter 16.168 (Use Permits), and Citywide Design Guidelines Section 4.04 (Channel Area) and Section 4.06 (Freeway Corridors).
Present Situation
The basis for the appeal is alleged non-compliance with aesthetic standards for the Channel Area. The Channel Area is generally defined as the section of the City surrounding the Stockton Channel (Attachment D - Channel Area Map). The Citywide Design Guidelines characterize the Channel Area, as follows,
“A variety of efforts have been undertaken over the years to develop plans for the area, including the Development Plan for the Stockton Channel (1974), the Stockton Waterfront Revival Task Force (1996), and the Waterfront Promenade and Marina Development Project (2001). Many of the recommendations in these plans have been successfully implemented, such as the Weber Point Events Center, Dean DiCarli Waterfront Square, and Waterfront Warehouse retail project.
The success of the waterfront development projects combined with the location appeal of the properties within the Channel area and the significant public investment in a future waterfront promenade system, present a unique opportunity for the integration of public and private uses. The City views the Channel area as one of its greatest assets; as such, it warrants the special design and development consideration found in this section.”
Overall, the Design Guidelines criteria for the Channel Area have an emphasis on buildings and public spaces (e.g., pedestrian paths, plazas, courtyards) (Attachment E - Applicable Design Guidelines, Channel Area). Wireless telecommunication facilities are not specifically addressed, but are subject to the guideline objective to “Protect Views to the Channel - Enhance visual connections to the waterfront through the provision of view corridors.”
In addition to the provisions for the Channel Area, the project is also subject to Citywide Design Guidelines criteria for Freeway Corridors due to visibility from U.S. Interstate 5 (Attachment F - Applicable Design Guidelines, Freeway Corridor). The project site is considered a ‘Gateway’ location with a stated expectation for superior quality architectural design to establish a positive image for the City. The guidelines criteria, amongst other things, acknowledge elevated freeway views (such as that presented with this project) and strive to prevent the blockage of views.
On May 16, 2018, the Architectural Review Committee (ARC) reviewed and recommended approval of the proposed facility for conformance with SMC §16.44.020(D) (Screening Criteria) and the Citywide Design Guidelines, including provisions for the Channel Area and Freeway Corridors. Subsequently, on July 26, 2018, the Planning Commission considered the ARC approval recommendation at a public hearing. After presenting and receiving responses to various questions (e.g., lighting, signage and advertising, construction timeline, Federal Aviation Administration (FAA) regulations, lease contract, height comparison to Port of Stockton cranes), the Commission unanimously adopted a Resolution approving the application (Attachment G - Planning Commission Resolution).
As demonstrated by photo simulations prepared for the project in Attachment B, the proposed facility would not result in view blockage. It would be visible from public vantage points, including U.S. Interstate 5. However, the facility is situated in an urban setting amongst many prominent vertical elements (e.g., trees, billboard, ships, cranes, buildings). The modest footprint of the proposed facility and location away from the channel would not impede fulfillment of the design objectives (e.g., mixed uses along public promenade) for the Channel Area.
The Planning Commission’s decision is supported by findings of fact, including those related to aesthetic controls for the Channel Area. Staff recommends the City Council deny the appeal and uphold the Planning Commission’s approval.
Public Comments
Staff has not received any written or verbal comments from the public on this project outside of the public hearing process.
Environmental Clearance
The proposed action is a Categorically Exempt use, in accordance with the provisions of Section 15303, Class 3, of the California Environmental Quality Act (CEQA), because it constitutes new construction of a small structure.
Financial Summary
There is no anticipated financial impact to the City as a result of denying the appeal.
Attachment A - Appeal Application
Attachment B - Elevation and Photo Simulations
Attachment C - Aerial Photo & Location Map
Attachment D - Channel Area Map
Attachment E - Applicable Design Guidelines (Channel Area)
Attachment F - Applicable Design Guidelines (Freeway Corridor)
Attachment G - Planning Commission Resolution