CITY OF SANTA MONICA

CITY PLANNING DIVISION

STATEMENT OF OFFICIAL ACTION

FINDINGS AND DETERMINATION OF THE ZONING ADMINSTRATOR

Case Number: UP 00-011

Location/Zone: 520 Broadway/C3 (Downtown Commercial District)

Legal Description: Lots A, B, C, and D; Block 194; Santa Monica Tract

Applicant: WinStar Communications

CEQA Status: The project is categorically exempt from the provisions of CEQA pursuant to Section 15303, Class 3 of the State CEQA Guidelines, which exempts the installation of small new equipment and facilities.

DESCRIPTION: The applicant requests a Use Permit to allow the placement of roof top parabolic antennas for the purpose of transmitting and receiving electromagnetic data. The applicant requests approval to construct an antenna array on the northeast side of an existing mechanical penthouse that consists of two masts each supporting a vertical row of four, 2-foot diameter parabolic antennas. Four other antenna arrays similarly constructed are attached to the mechanical penthouse. A total of 40 antennas could be accommodated by the existing and proposed antenna arrays. Currently there are 23 antennas on the roof from the subject applicant and one additional antenna from another commercial carrier. In addition to the eight (8) antennas proposed in the new antenna array, the applicant proposes to add nine (9) other antennas on the existing antenna array structures. A total of 17 new antennas are proposed resulting in 40 antennas for this applicant. All existing antenna arrays are screened from view; the proposed array will be similarly screened. Associated mechanical equipment is proposed within the existing mechanical penthouse. Section 9.04.10.06.160(a)(1) of the Zoning Code allows two parabolic microwave commercial antennas for every 7,500 square feet of parcel area (5 parabolic antennas are permitted by right) and Section 9.04.10.06.160(a)(4) restricts the height of parabolic antenna structures to no more than 15' above the building’s roofline (the proposed antennas will be attached to a mechanical penthouse approximately 16.5' above the building’s roofline). All proposed antennas will be screened from view from public rights-of-way.

An application for the above was filed on May 19, 2000, and a public hearing was held on July 11, 2000, per the requirements of Chapter 1, Article IX of the Santa Monica Municipal Code. Having followed appropriate due process, the Zoning Administrator of the City of Santa Monica hereby approves the use permit based upon the following findings and subject to the following conditions:

FINDINGS:

1. At the public hearing held by the Zoning Administrator, on January 11, 2000 no person spoke to convey their concerns regarding impacts from the proposed antennae. However, following the public hearing, the City did receive one letter in opposition to the project from a nearby resident who objected to noise emanating from existing rooftop equipment and who expressed concern about the health impacts associated with the proposed technology. The FCC (Federal Communications Commission) regulates the use of antennae and has developed specific requirements for wireless communications facilities to prevent interference with local television and radio reception. The FCC also has requirements for the design and operation of wireless communication facilities related to minimizing impacts on human health. The applicant has submitted documentation certifying their compliance with applicable FCC requirements related to such facilities, which is on record with the City Planning Division.

2. The proposed roof mounted antenna structure is permitted in the C3 District, but the antenna standards of the Zoning Ordinance restrict the number and height of the proposed parabolic antennas. The Zoning Administrator may modify those standards with an approved use permit subject to findings. In cases where the technical needs of a communication provider conflicts with the regulations and design standards of the Code, such a modification may be granted. As demonstrated by the applicant at the public hearing and the submitted application materials, the subject building serves as a communication HUB for the applicant. Based on the applicant’s testimony, a HUB site is required to have a dedicated antenna for each remote antenna within the network. This technological requirement of the existing antenna HUB and proposed expansion is in conflict with the permitted number of antennas and height restrictions of the Code.

The Zoning Administrator has reviewed the application and evaluated the visual impacts of the antennas and has determined that the proposed application warrants modification from the applicable design standards. The design and location of the proposed antennae will not adversely affect surrounding properties or public rights-of-way because of their relatively small size, location in relation to an existing penthouse structure, and their generally unobtrusive design and color. Additionally, the proposed antennae and supporting equipment will not generate noise impacts on surrounding properties. Sections 9.04.10.06.160(a)(1) and 9.04.10.06.160(a)(4) are hereby modified, in accordance with the provisions of Section 9.04.10.06.161(b)(3), to allow the placement of an additional antenna support structure and additional antennas as specified in the subject application.

CONDITIONS:

1. The project design is subject to review and approval by the Architectural Review Board, prior to issuance of a building permit.

2. The rights granted by this Use Permit shall be effective only when exercised within 12 months from the date the approval is granted by the Zoning Administrator. This time limit may be extended by the Zoning Administrator for good cause, for a period to not exceed 6 months upon written request by the applicant. In the case of a construction project, a building permit must be obtained prior to the expiration of this approval in order to exercise the rights granted by this approval. Applicant is on notice that any extension may not be granted if development standards relevant to the project have changed since project approval.

3. Except for the conditions granted with this Use Permit, the applicant shall comply with the provisions of Part 9.04.10.06 of the Zoning Ordinance and applicable provisions of other City ordinances.

4. This approval is for those plans dated May 15, 2000, except as modified by these conditions, copies of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Zoning Administrator.

5. Proposed new or existing, relocated mechanical equipment shall not obstruct required parking and circulation areas.

6. Within ten (10) days of transmittal of Zoning Administrator approval, project applicant shall sign and return a copy of the Use Permit determination prepared by the City Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Failure to comply with this condition shall constitute grounds for potential permit revocation, pursuant to Section 9.04.20.11.070 (SMMC).

Determination Prepared by: Jonathan Lait, AICP, Associate Planner

Determination Approved by: __________________________________

Jay Trevino, AICP, Planning Manager

Determination Date: August 21, 2000

Effective Date of Action if not appealed:	September 5, 2000

Expiration Date of Use Permit:	August 21, 2001
Length of any Possible Extension of Expiration Date:	February 21, 2002

All decisions of the Zoning Administrator are appealable to the Planning Commission during a 14-calendar day appeal period following the decision date. Such an appeal may be made by filing an appeal letter with the Planning and Zoning Division, 1685 Main Street, Room 212, Santa Monica, CA 90401, accompanied by a filing fee of $106.03

I agree to the above conditions of approval and acknowledge that failure to comply with any and all conditions shall constitute grounds for potential revocation of the permit approval.