HomeMy WebLinkAboutMINUTES - 07121994 - H.8 •; Contra
TO: BOARD OF SUPERVISORS Costa
FROM: HARVEY E. BRAGDON ;;� County
;
DIRECTOR OF COMMUNITY DEVELOPMENT
� COUN'f`l
DATE: July 12 , 1994
SUBJECT: APPEAL by the City of Martinez, The Friends of the Franklin Hills and
the East Bay Regional Park District of the Contra Costa County Planning
Commission's decision to Uphold the Zoning Administrator's APPROVAL of
County File 2054-93, Smart SMR of California, Inc. (Applicant) , Ramona
M. Schumann (Owner) .
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Consider alternatives presented in background discussion and
determine action to be taken.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
The public hearing before the Board of Supervisors on June 28, 1994
was continued to July 12 , 1994, to allow the applicant and the East
Bay Regional Park District to work with staff on findings that
would support the original project proposal of one monopole antenna
structure and explore adequate screening measures to reduce visual
impact of the proposed project.
CONTINUED ON ATTACHMENT: X YES SIGNATURE J .
RECOMMENDATION OF COUNTY "ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON July 12 , 1994 APPROVED AS RECOMMENDED OTHER
See Addendum A for Board action
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Delmar Tompkins 646-2031 ATTESTED July 12 , 1994
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Smart SMR , THE BOARD OF SUPERVISORS
Ramona Schumann (�UdNJCJOU N ADMINISTRATOR
City of Martinez
The Friends of Franklin Hills BY
DEPUTY
East Bay Regional Park District
DT:df
Page Two
The applicant is proposing that the 70' monopole be placed 50 feet
west of the wooden pole/platform structure, approximately 50-75
feet west of the face of the hill. The 200 square foot equipment
structure would be placed 100-150 feet west of the monopole. The
applicant would accept all conditions regarding screening as
suggested by the Park District during the review period and other
conditions suggested by staff and imposed by the Planning
Commission. The Park District has asked for an additional
opportunity to meet with the applicant on the site to discuss
location and placement of the equipment structure. As of this
meeting, staff is attempting to arrange such a site visit.
The City of Martinez had no additional comments for this
alternative. The City's position stated in the appeal remains that
there has not been adequate investigation of alternative sites and
that the Environmental Initial Study was inadequate.
Alternatives before the Board now include:
1. No project. This alternative would entail complete denial of
the requested land use permit.
2 . Uphold the decision of the Contra Costa County Planning
Commission, approving a lattice antenna support structure that
accommodates an existing user on the subject parcel. This
alternative would follow the recommendations identified on the
Board Order for the hearing of June 1, 1994.
3 . Approve the land use permit application for a 70-foot tall
monopole telecommunications tower as described in the original
project submittal. While reducing the structures on the
skyline shortens ; the field of visual notice on the hill, the
consolidation of ' the two towers on the site creates a larger
tower that is a more noticeable focal point. The board would
find that acceptance of all conditions of approval directed
toward screening; the structures visually would reduce the
impact of the monopole structure to less than significant.
Changes to the iConditions of Approval and the Mitigation
Monitoring Program on the attached examples result from the
deletion of the conditions related to consolidating facilities
on the site. Findings for approval of the monopole and
appropriate conditions of project approval are attached.
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ADDENDUM A
On June 28, 1994, the Board of Supervisors continued to this
date the hearing on the appeal of the City of Martinez, The
Friends of the Franklin Hills and the East Bay Regional Park
District from the decision of the Contra Costa County Planning
Commission to uphold the Zoning Administrator' s approval of the
request by Smart SMR of California, Inc . (applicant) and Romona
M. Schumann (owner) to establish a telecommunications facility in
a General Agricultural zoning District (A-2) (LUP 2054-93) in the
Martinez area and the Board referred the matter to the Community
Development Department staff to review the concerns raised and
develop an alternative to address the concerns and to develop
findings to support the alternative .
Dennis Barry, Community Development Department, commented on
the Department' s response to the Board' s request and on the
proposed findings prepared for Board consideration for the
monopole alternative and the modified conditions of approval and
the modified proposed mitigation monitoring program to reflect
the monopole design should the Board choose that alternative .
The following persons presented testimony:
Eric Hasseltine, 1350 Treat Boulevard, #140, Walnut Creek,
representing Smart SMR, applicant, spoke in support of the
application for the telecommunications facility and the monopole
alternative, and he requested a denial of the appeal and approval
of the site as it now is recommended by the staff .
David R. Fischer, P.o. Box 1997, Martinez, spoke in support
of a higher tower or the 70-foot monopole .
Jeanne Will, 105 St . Mary' s Court, Martinez, representing
the Friends of the Franklin Hills, spoke in opposition to the
project and requested research of alternative sites .
Cathy Nowicki, 610 Main Street, Martinez, representing the
City of Martinez, spoke in opposition to the proposed project and
requested that the Board continue the application and direct the
applicant to continue to work with the City and the Park District
to explore alternative locations .
Linda Prat, 2550 Peralta Oaks Court, Oakland, representing
East Bay Regional Park District, spoke in support of alternative
sites for the tower and requested that if the Board were to
approve the project as it is, that the Board include the road
agreement and a site plan review and comment by the District .
Mr. Hasseltine spoke in rebuttal .
The public hearing was closed.
The Board discussed the matter.
Supervisor Smith requested clarification on Condition 10 .
Dennis Barry responded on changes necessary to clarify the
condition.
Supervisor Smith commented in support of the monopole
alternative and he moved approval with the amendment as
stipulated by Mr. Barry.
Supervisor Torlakson spoke in support of the motion and he
amended the motion to refer the Tower Policy to the East Bay
Regional Park Liaison Committee for review.
IT IS BY THE BOARD ORDERED that Land Use Permit 2054-93 with
conditions and Mitigation Monitoring Program as amended and
findings is APPROVED; and the Tower Policy is REFERRED to the
East Bay Regional Park Liaison Committee for review.
FINDINGS
A. The proposed conditional land use permit will not be detrimental to the health, safety,
and general welfare of the county.
B. The proposed conditional land use permit for a telecommunications tower and
accessory equipment "shelter will not adversely affect the orderly development of
property within the county. Improvements to the access road are limited to surface
treatment only. Without road widening or any other infrastructure improvements the
proposed project will not be growth inducing to the area.
C. The location of the proposed telecommunications facility is one-half to three-quarters
of a mile from the residential neighborhoods to the east and north and 700 feet from
the residence on the parcel. The approval of a conditional land use permit for a
telecommunications facility will not adversely affect property values and the protection
of the tax base within the county.
D. The proposed project 11consisting of a 200 square foot equipment shelter and one
monopole tower structure will not adversely affect the rural character or agricultur-
al/recreational potential of the 70 acre subject parcel, which would be available for
agricultural uses including grazing. In accordance with policies of the Open Space
Element of the General Plan regarding Scenic Ridges, the proposed project as
conditioned minimizes;` the visual impact of this proposal while maximizing the utility of
the location as a resource for telecommunications signal coverage. The subject
parcel is the site of another telecommunications antenna structure and the proposed
location is very near a row of overhead power transmission lines along the west end
of the subject parcel. 'I;The equipment shelter will be screened from the community
and the closest trails to the site. Materials used will be of non contrasting colors to
the existing landscape. The proposed project as conditioned is consistent with the
policies and goals set by the General Plan.
E. The proposed telecommunications facility is to be located in agricultural land on a
private parcel. Access to the site by road passes close to the primary residence on
the parcel. The approval of a conditional land use permit for a telecommunications
facility will not create a nuisance and/or enforcement problem within the community.
F. The proposed conditional land use permit for creation of a telecommunications facility
at this location will be''subject to administrative review of compliance with conditions of
approval every five years and a new land use permit must be issued in twenty years.
The proposed conditional land use permit will not encourage marginal development in
the area.
G. An antenna at the location of the proposed project provides excellent signal coverage
over areas of Martinez that are not currently covered as well as providing coverage
over lengths of Highway 4 that are not currently well covered. The ridgeline in
question and the surrounding hills block or interrupt smooth handoff of some types of
signals. Alternatives;to locating one structure on a ridge that overlooks the proposed
coverage areas would be multiple sites of less individual site coverage.
Monopole Findings
a
CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2054-93 AS APPROVED BY THE
BOARD OF SUPERVISORS ON JULY 12, 1994
1 . This application is approved subject to the site plan dated received by the
Community Development Department on October 26, 1993 and subject to the
following conditions. '
2. The current applicant is Smart SMR of California, Inc. At a change of ownership,
the facility operator will provide the Community Development Department with a
record of change of ownership and will provide new owner with a copy of the land
use permit and the conditions of approval.
3. The land use permit is granted for a period of 20 years and shall be administratively
reviewed at five year intervals. The applicant shall initiate the first review by
submitting a statement as to the current status of the project to the Zoning
Administrator no later than April 1 , 1999. This review by the Zoning Administrator
will be for the purpose of assuring continued compliance with the conditions of
permit approval and site compatibility with the surrounding scenic ridge. At the
time of review additional conditions may be imposed and/or existing conditions
altered.
4. The applicant shall limit improvements to Arabian Heights Road and the access
driveway to surface treatment only (raking and graveling). Improvements to the
access drive requiring a grading permit will not be pursued by the applicant.
5. The applicant shall submit a soils reconnaissance report prepared by a registered
soil engineer specific to the areas of proposed trenchwork and foundation
construction prior to the issuance of a building permit. The report shall recommend
proper construction procedures to avoid any potential geotechnical hazards. The
applicant shall agree to implement the recommended measures.
6. The applicant shall remove the existing wood pole structure at the project site prior
to the issuance of a final building permit.
7. To reduce the visual impact of the telecommunications site, the equipment shelter
shall be located on the west side of the antenna structure and be located 100-150
feet to the west of the tower or be partially undergrounded.
8. The colors and sheen of structures shall be selected to blend with the area. Color
and materials samples shall be provided for review and approval of the Zoning
Administrator 30 days prior to the issuance of a building permit. Color of the
structure shall have less than 50% reflectivity.
9. At least 30 days prior to the issuance of a building permit the applicant shall submit
two copies of an equipment shelter materials and construction plan for the review
of the Contra Costa County Fire Protection District and the California Department of
Forestry. The plan shall include:
A. Fire suppression equipment in the equipment shelter
2
B. Fire retardant or resistant building materials and structure design
C. A 30 foot cleared perimeter about the structures
10. The required clear area around all structures, poles, and guy structures shall be kept
free of combustible materials.
11 . The site shall be maintained in an orderly manner.
12. One parking space to accommodate service vehicles for the telecommunications
facility shall be provided at all times. Said parking space shall be provided near the
existing building 400 feet east of the project site.
13. The following requirements pertaining to drainage, road and utility improvements
will require review and approval of the Public Works Department. This development
shall comply with the requirements of Title 8 and Title 10 of the County Ordinance
Code. Any exceptions therefrom must be specifically listed in this conditional
approval statement.
A. An exception is allowed to the collect and convey requirements of the
Ordinance Code if the proposed project creates less than 1500 square feet
of new impervious surface. The applicant will be required to comply with
the collect and convey provisions of the Ordinance Code.
B. The applicant shall provide for safe ingress and egress for the project. Any
sight obstructions, such as vegetation, walls, or fences, should be removed
to provide a safe line of sight along the entrance to the property.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL
BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE
PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL
ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH
DEVELOPMENT.
A. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Martinez Area of Benefit as adopted by
the Board of Supervisors.
B. The applicant shall be required to comply with all rules, regulations, and procedures
of the National Pollutant Discharge Elimination System (NPDES) for municipal,
construction and industrial activities as promulgated by the California State Water
Resources Control Board, or any of its Regional Water Quality Control Boards (San
Francisco Bay - Region II or Central Valley - Region V)
C. The applicant will be required to obtain an approval authorization form from the
Federal Aviation Agency.
3
D. The applicant will be required to obtain an approval authorization form from the
Federal Communications Commission.
E. The applicant will be required to obtain any necessary permits and approval from
the County Building Inspection Department.
F. Any deviations from or expansion beyond the limits of this permit approved under
this application, may necessitate the filing of a new Land Use Permit request.
DLT/d It
LU PXXXXI I\2054-93.DLT
7/12/94
MITIGATION MONITORING PROGRAM
IMPACTS
The creation of an additional antenna and supporting equipment structure site on this ridgeline
could increase visual impact at this time and would not address the handling of possible
additional telecommunications demands in this area. Substantial improvement of Arabian
Heights Road to create greater accessibility to the site and to meet Fire District guidelines for
new roads would require substantial grading. The impacts that could result would include soil
instability, storm runoff problems, visual impacts, growth inducing impacts.
MITIGATION MEASURES
Providing for limitations to access road improvements in relation to the proposed project the
following measure is required as a condition of approval for this project.
1 .) The applicant shall limit improvements to Arabian Heights Road and the access
driveway to surface treatment only (raking and graveling). Improvements to the
access drive requiring a grading permit will not be pursued by the applicant.
Providing for proper guidelines in regard to trenching work for the purpose of undergrounding
electrical utilities to the site and foundation work on proposed structures, the following
measure is required as a condition of approval for this project.
2.) The applicant shall submit a soils reconnaissance report specific to the areas of
proposed trenchwork and foundation construction prior to the issuance of building
permits. The report shall recommend proper construction procedures to avoid any
potential geotechnical hazards. The applicant shall agree to implement the
recommended measures.
Providing for elimination of unnecessary ridgeline structures and providing for screening of
proposed structures by choice of materials and colors, the following measures are required
as conditions of approval for this project.
3.) The applicant shall remove the existing wood pole structure at the project site prior to
the issuance of a final permit.
4.) To reduce the visual impact of the telecommunications site, the equipment shelter shall
be located on the west side of the antenna structure and be located 100-150 feet to
the west of the tower or be partially undergrounded.
5.) The colors and sheen of structures shall be selected to blend with the area. Color and
materials samples shall be provided for review and approval of the Zoning
Administrator thirty days prior to the issuance of a building permit.
Providing for fire prevention design of the equipment shelter the following measure is required
as a condition of approval for this project.
6.) At least 30 days prior to the issuance of a building permit the applicant shall submit
two copies of an equipment shelter materials and construction plan for review and
2
comment of the Contra Costa County Fire Protection District and the California
Department of Forestry. The plan shall include:
a.) fire suppression equipment in the equipment shelter
b.) fire retardant or resistant building materials and structure design
c.) a 30 foot cleared perimeter about the structures
7.) The required clear area around all structures, poles, and guy structures shall be kept
free of combustible materials.
IMPLEMENTING PARTY
Project Applicant
TIMING
All measures related to construction for this proposal are timed for at least 30 days prior to
issuance of any building permits. Measures for the removal of existing structures are timed
with the application for a final permit.
MONITORING ACTION
The applicant shall submit to the Zoning Administrator a final site plan indicating the inclusion
of the mitigation measures into the final design. The site plan shall also be provided to the
East Bay Regional Park District for review at least 30 days prior to the issuance of building
permits.
Comments:
Monitor's Name:
Signature/Date:
DLT/dlt
LUPXXXXII\2054-93.MIT