CITY
OF SANTA MONICA
CITY
PLANNING DIVISION
|
PROJECT
INFORMATION CASE NUMBER: Use Permit
02-012 ADDRESS: 233 Wilshire Boulevard LEGAL DESCRIPTION: Lots H, I, J, K, L, & Y-2, of Block 97, Town of
Santa Monica ZONING DISTRICT: C3 (Downtown District) LOT AREA / DIMENSIONS: 37,500 Sq. Ft./150’ x 250’ RENT CONTROL STATUS: Commercial Exemption APPLICANT: The Consulting Group, Inc. Representing
Cingular Wireless CASE PLANNER: Bruce Leach, Associate Planner REQUEST: The
applicant requests Use Permit approval to allow the placement of twelve (12)
directional panel antennas and four (4) equipment cabinets on the roof of the
nine-story office building. The antennas would be attached to and extend two
feet above the building’s equipment penthouse. Associated mechanical equipment (BTS units) would be located on
the roof adjacent to the penthouse. Pursuant to Santa Monica Municipal Code
Section 9.04.10.06.110(b) the Zoning Administrator may approve modifications
to the design standards for non-parabolic commercial antennas. CEQA STATUS: The project is categorically exempt from the provisions
of California Environmental Quality Act (CEQA) pursuant to Section 15303,
Class 3 of the State Implementation Guidelines, in that the project involves
the installation of small new commercial telecommunications equipment and
antennas on the roof of an existing commercial building. |
ZONING ADMINISTRATOR ACTION
|
December 10, 2002 |
Public Hearing Date. |
|
February 11, 2003 |
Approved based on findings and subject to
conditions. |
|
|
Denied based on findings. |
|
Effective
Date Of Action If Not Appealed: |
February
26, 2003 |
|
Expiration
Date: |
February
26, 2004 |
|
Length
Of Any Possible Extension: |
Six
Months |
USE PERMIT FINDINGS
(a)
The proposed use is
subject to approval of a Use Permit within the subject district and complies
with all of the applicable provisions of the Zoning Code. Specifically, City
standards limit the number of antennas on the subject property to five
roof-mounted antenna (37,500 sq. ft. / 7,500 = 5 antennas). The applicant
proposes the placement of twelve (12) wireless telecommunication antennas and
related equipment cabinets on the roof of an existing nine-story building.
Although only five commercial antennas are allowed by right, Santa Monica
Municipal Code Section 9.04.10.06.110(b) allows the Zoning Administrator to
approve a Use Permit to modify the regulations and design standards for non-parabolic
commercial antennas.
(b)
The subject parcel is
physically suitable for the type of land use being proposed. Specifically, the subject parcel is
developed with a nine-story office building located in an urbanized
environment. The addition of a wireless communication facility on the roof of
the existing structure will not impact physical conditions on the parcel or
impact existing land uses.
(c)
The proposed use is
compatible with existing land uses presently on the subject parcel in that the
ongoing use of the roof mounted wireless communication facility will not affect
the general office or commercial use of the nine-story building.
(d)
The proposed use is
compatible with existing and permissible land uses within the district and the
general area in which the proposed use is to be located. Specifically, the
proposed use is located within the C3 Downtown Commercial District, which
encourages higher intensity commercial uses and activity compared to other
areas of the City. Moreover, the wireless communication facility is an
ancillary use that supports the public, area residents and businesses with
wireless service, and as such, is compatible with existing and permissible land
uses in the district.
(e)
The physical location
or placement of the use on the site is compatible with and relates harmoniously
to the surrounding neighborhood. Specifically, the proposed wireless
communication facility is located on the roof of an existing nine-story
commercial office building. At this location, the antennas and associated mechanical
equipment would not be easily seen from the public view and therefore, minimize
aesthetic impacts in the general vicinity.
(f)
The proposed use is
consistent with the goals, objectives, and policies of the General Plan.
Specifically, Objective 1.1 aims to improve the quality of life for all
residents by providing a balance of land uses for a variety of goals. The
installation of the proposed telecommunications facility will contribute to the
quality of life for residents by efficiently linking telecommunications so that
they may better serve the needs of the public.
(g)
The proposed use would
not be detrimental to the public interest, health, safety, or general welfare
in that the antennas must operate in compliance with all applicable Federal
Communication Commission (FCC) guidelines and regulations which safeguard
public health, safety, or general welfare from Radio Frequency Radiation (RFR).
Non-parabolic
Antenna Findings
(h)
There are topographical
conditions, nearby tall structures or other factors that unreasonably obstruct
or otherwise unreasonably interfere with the effective transmission or
reception of the type of antenna desired and the cause of such obstruction or
interference was not created by the applicant. Specifically, the location of an antenna (height and geographic position) is critical
to the performance of “line-of-sight” wireless facilities. The technical
requirement of the proposed project is in conflict with the limited number of
antennas permitted by Code. However, there are no larger buildings within the
service area that would meet the transmission needs and comply with City
regulations. The Zoning Administrator has reviewed the application and
evaluated the visual impacts of the six proposed roof mounted pole antennas and
has determined that the proposed application warrants modification from the
applicable antenna standards.
CONDITIONS OF APPROVAL
Standard
Conditions
1.
This determination
shall not become effective for a period of fourteen days from the determination
date or, if appealed, until a final determination has been made on the appeal.
2.
This approval applies
only to the request for twelve (12) roof-mounted
individual “pole” or “Popsicle stick” type, transmit and receive antennas, and
associated mechanical equipment, as shown
on the plans dated 11/26/02, and subject to any special conditions.
Minor amendments to the plans shall be subject to approval by the Zoning
Administrator.
3.
Except for allowances
granted by this entitlement, the applicant shall comply with all other applicable
provisions of Article IX, Chapter 9 of the Santa Monica Municipal Code and all
other pertinent ordinances and General Plan policies of the City of Santa
Monica.
4.
This approval shall
expire twelve (12) months from the effective date, unless a building permit has
been obtained and a business license has been issued prior to the expiration
date. This approval shall also expire
if the building permit expires or if the rights granted under this approval are
not exercised within one year of the earliest to occur of the following: issuance of a Certificate of Occupancy or,
if no Certificate of Occupancy is required, the last required final inspection
for new construction. Upon the written
request from the applicant, prior to expiration, the Zoning Administrator may
extend this period up to an additional six (6) months. The applicant is on
notice that extensions may not be granted if development standards or other
requirements relevant to the project have changed since project approval.
5.
Within ten (10) days of
transmittal of this Statement of Official Action, the project applicant shall
sign a copy of the determination and return the document to the City Planning
Division. The applicant’s signature constitutes acceptance of the conditions of
approval and understanding that failure to comply with such conditions shall
constitute grounds for potential revocation.
Special
Conditions
6.
The final locations of
the antennas are subject to review and approval of the Zoning Administrator. No
more than twelve (12) individual antennas shall be
permitted on the subject building’s equipment penthouse. The size of the
support mast and mounting hardware shall be the minimum size required to
support the antennas and the entire unit shall be painted a low contrast color
that minimizes their appearance.
7.
Equipment cabinets (BTS
units) associated with the wireless communication facility shall not extend
more than 12 inches above the building’s existing roof parapets.
8.
Installation
and operation of the wireless communication facility shall be designed to
comply with all applicable local, state and federal regulations.
9.
If operation of the
wireless communication facility is abandoned for a continuous period of one
year or more, all components of the facility shall be removed. Portions of the
building damaged or discolored by removal of the equipment shall be repaired in
a manner that restores the building to its prior condition. Re-installation of
a new wireless communication facility shall necessitate the filing of a new Use
Permit application.
APPLICANT NOTICE
This decision of the Zoning Administrator may be appealed to
the Planning Commission during a 14 calendar day appeal period following the
decision date. Such an appeal may be
made by filing an official appeal form with the Planning and Zoning Division,
1685 Main Street, Room 212, Santa Monica, CA 90401, accompanied by a filing fee
of $147.86.
I hereby certify that this Statement of Official Action
accurately reflects the final determination of the Zoning Administrator of the
City of Santa Monica.
|
Applicant |
Date |
|
_____________________________ Jay M. Trevino, AICP Zoning
Administrator |
_____2/11/2003________________________ Date |