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HomeMy WebLinkAbout8.2 PLPA 2009-00036 SDR ModificationToMonopine-TMobile STAFF REPORT PLANNING COMMISSION DATE: May 11, 2010 TO: Planning Commission SUBJECT: PUBLIC HEARING - PLPA 2009-00036 Site Development Review for a modification to an existing monopine locate at 6407 Tassajara Road for T-Mobile (Adjudicatory Action) Report prepared by Erica Fraser, Senior Planner EXECUTIVE SUMMARY: The Applicant has requested approval of a Site Development Review to allow the modification of an existing legal non-conforming monopine located at 6407 Tassajara Road. The modifications include a new equipment enclosure and a 10 foot height extension of the existing 40 foot 9 inch tall monopine (as proposed the monopine would be 50 feet 9 inches in height). RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution denying a Site Development Review for a modification to a legal non-conforming monopine located at 6407 Tassajara Road. Submitted By e ie By Senior Planner PI nning Manager COPIES TO: File Applicant Property Owner 10 ITEM NO.: • Page 1 of 7 G:IPA#120091PA 09-036 6407 Tassajara Monopine modlMN Comments - PC Staff Report Nielsen Monopine (2).DOC DESCRIPTION: Project Location The monopine is located on the Nielsen property at 6407 Tassajara Road. The monopine is located at the top of the property which ranges from 455 feet above sea level at Tassajara Road to 565 feet at the top of the property. The site currently has a General Plan and Eastern Dublin Specific Plan land use designation of Rural Residential/Agriculture. The existing monopine is 40 feet 9 inches in height. The antenna has been designed to appear as a pine tree and the antenna panels are concealed within the structure. An equipment enclosure is located near the existing tree. Two wireless carriers are currently located on the monopine. The height extension is necessary in order to add a third carrier. Figure 1: Project Location . ~ 'r F * ~sil\era [Zanch ~CY , Future Park ! and 6.r 4E . Kesidential V _ ~ Upen Space ,..r. Prujcct Siic ' Monopine Location N I ';q (~Ll~lllAl.fllll . . I SC}lnnl ;x... . .,w. _ ~ ~ $I~~r ~ .Y? i .4 , L o. . . Project History On July 25, 2002, prior to the site's incorporation into the City of Dublin, the East County Board of Adjustments adopted Resolution Z-9881 approving a monopine at 6407 Tassajara Road. Prior to approval of the antenna, the City submitted a letter to Alameda County expressing concerns regarding the antenna. Specifically, the City stated that the antenna did not meet the requirements of the Zoning Ordinance and Eastern Dublin Specific Plan (of which the property would be subject to upon annexation into the City). On October 1, 2002, the City Council adopted Ordinance 15-02, pre-zoning the Nielsen and Silvera Ranch properties to PD (Planned Development) and adopted a related Stage 1 Development Plan. No development was proposed on the Nielsen property at that time and the 2 of 7 adopted Stage 1 Development Plan allowed the existing uses to continue on the site. The Nielson property was subsequently annexed to the City on May 5, 2003. When the property was annexed into the City, the City allowed the antenna to continue to operate on the site as a legal non-conforming structure, in accordance with Chapter 8.140, Non- Conforming Structures, because the antenna does have a legal permit (issued by Alameda County) even though it does not comply with City regulations. The City's Non-Conforming Structures Ordinance allows the monopine to remain on site, but limits improvements and other modifications to the structure. The Planning Commission reviewed a development application for this property on April 27, 2010 which includes an Environmental Impact Report, General Plan Amendment and Specific Plan Amendment (to change the land use designation from Rural Residential/Agriculture to Single Family Residential) and a Planned Development Rezone with an amendment Stage 1 Development Plan and Stage 2 Development Plan to allow the eventual construction of up to 36 residential dwellings. The Planning Commission recommended that the City Council approve the proposed Project. It is anticipated that the City Council will act on this application in May 2010. Current Request The Applicant proposes to raise the height of the monopine by 10 feet so that the tree will be 50 feet 9 inches in height. The Applicant also proposes to expand the existing equipment enclosure by 77 square feet to accommodate the project. The project plans are included as Exhibit A to Attachment 1 and a photosimulation showing the antenna from various viewpoints is included as Attachment 2 to this Staff Report. ANALYSIS: Zoning Ordinance The expansion of the monopine must comply with all applicable provisions of Chapter 8.92, Wireless Communication Facilities, and Chapter 8.104, Site Development Review, of the Zoning Ordinance. The proposed modifications are also subject to the provisions and purpose of Chapter 8.104, Site Development Review. " Setbacks Section 8.92.080 of the Zoning Ordinance requires monopines to have a setback of two horizontal feet for every foot in height from a property which is designated as residential. This setback was established in order to ensure that an antenna does not negatively impact an adjacent property and is not located in close proximity to a residential dwelling. In this case, due to the height of the proposed monopine (50 feet 9 inches), the monopine would be required to be set back 100 feet from the north (Silvera Ranch), south (designated as Medium Density Residential) and from the east (designated as Rural Residential/Agriculture and Open Space). As proposed, the monopine would be set back 10 feet from the southern property line and 40 feet from the eastern property line which is significantly less than the 100 foot setback required by the Zoning Ordinance. 3 of 7 Visibility Section 8.92.060.A of the Zoning Ordinance prohibits wireless communication facilities on ridgelines or where they are readily visible from Tassajara Road unless it blends with the surroundings. The monopine is currently located near a ridgeline (and extends above the ridgeline) and is visible from Tassajara Road. As shown in the photosimulations (Attachment 2), the existing antenna will be significantly more visible from Tassajara Road if the height of the antenna were increased. Screening Section 8.92.070.E and Section 8.92.070.1-1 of the Zoning Ordinance require all wireless facilities to be effectively screened from view and to blend in with the surrounding environment. In this case, the antennas are housed within a structure which is designed to appear to be a pine tree. The tree is located on the top of the hill and while trees are located near the monopine, these trees do not screen the monopine, nor do they provide an adequate planting area to make the tree appear as though it is part of a stand of trees. In the past, the City has required a monopine to be located near existing trees where the monopine can be effectively screened from view and appear as though it is part of the natural environment in order to comply with the Zoning Ordinance. As shown in the attached photosimulation (Attachment 2), the height increase will result in a monopine which becomes the focal point on the top of this ridgetop. Instead of focusing on the natural beauty of the area, the eye may be drawn instead to the large monopine which is much taller than any structures in the area and there are no other trees in the area to make the monopine appear as though it were part of the natural environment in the area. Consistency with Site Development Review Regulations Chapter 8.104, Site Development Review, of the Zoning Ordinance establishes a procedure for approving projects to ensure compliance with the requirements the City has established. The increase in height of the antenna does not comply with the Section 8.104.010.A because the increase in height is inconsistent with structures in the vicinity. If the antenna were increased in height, the antenna would be visible from a larger distance than what occurs today. Although the antennas will be located inside of a structure designed to appear as a pine tree, the proposed modification does not enhance the existing site or surrounding area, as required by Section 8.104.010, because the height increase will make the antenna visible from a greater distance and the view of the antenna will change in that the antenna will appear higher as shown in Attachment 2. Additionally there are no other pine trees or other trees in the area to provide a visual buffer and as a result, the monopine becomes the dominant focal point in this area which detracts from the natural beauty of the area. General Plan The General Plan contains goals and policies aimed at the preservation of the natural environmental in the Eastern Extended Planning Area. The purpose of these goals is to ensure that the certain natural ridgelines designated for no development are preserved because they are an essential component of Dublin's appearance and the residents' experience of Dublin. Policies also regulate views to certain natural ridgelines. Although the monopine currently exists, the proposed modification would increase the height of the monopine and will become visible from a greater distance. 4of7 Eastern Dublin Specific Plan As previously discussed, the monopine does not blend in with the surrounding natural area which is comprised of rolling hills with little to no trees and therefore is readily visible. The monopine extension will result in a structure that will be more visible from Tassajara Road. The goals of the Resource Management Chapter of the Eastern Dublin Specific Plan seek to preserve character and scenic qualities in the Eastern Dublin Area and ensure that the built form of the area respects and enhances the natural systems within the Area. In order to achieve these goals, the Eastern Dublin Specific Plan seeks to preserve the views of these areas. In this case, the antenna is situated so that it is near the top of the ridgeline and any extension of the height of the antenna will significantly increase the visibility of the antenna. Compatibility with Surrounding Neighborhood The Project site is surrounded by a residential development (Silvera Ranch) to the north, private school to the south (Quarry Lane School) and land which is designated as open space and rural residential/agriculture to the east (see Figure 3 below). Additionally, a park is planned for in the future across Tassajara Road from the site and the monopine is visible from this area and the height increase will make the antenna visible from a larger distance. Figure 3: Surrounding Land Uses Wallis Rural Residentlal/Agriculture (0.01 Kanch In 7". j Silvera Ranch F r~ i C%uF:, 1, ..iti.: Agricutture (O.UI du/ac) R_ ~ Projcct Site Parks/ Public Fecreation 1y ~ QM1rry Lane ! - c • . . •r' , , a . . ~ . 0 f s 5of7 Discussion with Applicant Prior to the application submittal for this project, Staff spoke with the property owner and the Applicant's representative regarding Staff's concerns with the proposed modifications to the existing structure (due to the fact that the antenna is a non-conforming structure). Following these discussions, the Applicant applied for a Site Development Review. After reviewing the Project Application, Staff again advised the Applicant that Staff would be unable to support the project and outlined Staff's concerns with the project. The Applicant requested to move forward with the project as originally proposed. The Community Development Director is the hearing body for a Site Development Review for an antenna. Pursuant to the provisions of the Zoning Ordinance, the Community Development Director transferred hearing jurisdiction of the antenna to the Planning Commission based on Staff's concerns regarding the proposal. CONCLUSION: The existing antenna is a legal non-conforming antenna. The Zoning Ordinance does not allow an enlargement of any structure which does not comply with the Zoning Ordinance, General Plan or applicable Specific Plan. As discussed, the existing antenna and proposed modifications are not consistent with the Zoning Ordinance, General Plan or Eastern Dublin Specific Plan. The proposed monopine extension does not meet the setback requirements and it is not screened from view or blend with the surroundings. Therefore, Staff recommends that the Planning Commission deny the proposed Project. CONSISTENCY WITH THE GENERAL PLAN, EASTERN DUBLIN SPECIFIC PLAN AND ZONING ORDINANCE: As previously discussed, the proposed Site Development Review is not consistent with the General Plan, Eastern Dublin Specific Plan and the Zoning Ordinance. Based on the concerns noted in the Analysis section above, Staff does not believe that all of the required findings for approval of a Site Development Review as noted in the Resolution included as Attachment 1 and therefore, Staff is recommending that the Planning Commission deny the proposed Project. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the Project. ENVIRONMENTAL REVIEW: Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, Staff recommends that the Planning Commission find the denial of this Project to be found Statutorily Exempt because this Section states that projects which are denied are not subject to the provisions of CEQA. ATTACHMENTS: 1) Resolution denying a Site Development Review for a modification to a legal non-conforming monopine located at 6407 Tassajara Road with the Plans attached as Exhibit A. 2) Photosimulation 6of7 GENERAL INFORMATION: PROPERTY OWNER: Robert Nielsen 6407 Tassajara Road Dublin, CA 94568 APPLICANT: T-Mobile 1755 Creekside Oaks Drive Suite 190 Sacramento, CA 95833 LOCATION: 6407 Tassajara Road GENERAL PLAN LAND USE DESIGNATION: Rural Residential/Agriculture ZONING: PD (Planned Development) SURROUNDING USES: Location Zoning General Plan Land Use Current Use of Prope!tj Site PD (Planned Rural Residential/Agriculture Residential dwelling Develo ment and horse arena North PD (Planned Medium Density Residential and Silvera Ranch and Develo ment Rural Residential/A riculture Vacant South PD (Planned Medium Density Residential and Quarry Lane Develo ment Rural Residential/A riculture East PD (Planned Rural Residential/Agriculture Vacant Develo ment and O en S ace West PD (Planned Tassajara Road and Roadway and Develo ment) Parks/Public Recreation vacant (future park) 7of7