Title
PLN22-0271 - 916 Union Street - Applicant: Derek Turner of Qualtek for DISH Wireless. Public hearing to consider Design Review to allow the construction of a 13 foot tall penthouse that is approximately 64-square-feet in size to conceal six wireless antennas and related telecommunications equipment on the roof of an existing four-story apartment building. The project is located within an R-4 Neighborhood Residential zoning district. The project qualifies for categorical exemptions pursuant to CEQA Guidelines Section 15301(e) - additions to existing structures and 15303 - new construction or conversion of small structures. None of the exceptions to the categorical exemptions apply
Body
To: Honorable President
and Members of the Planning Board
From: Andrew Thomas,
Planning, Building and Transportation Director
BACKGROUND
In 2020, the Federal Communications Commission (FCC) approved a merger between two of the four major wireless telecommunications service providers in the United States. As part of that decision, the FCC identified a new service provider, DISH Wireless, to fill the role of the fourth major provider of wireless services. DISH Wireless is now deploying its wireless network across the US.
On May 26, 2022, Derek Turner, representing DISH Wireless, submitted an application for Design Review approval for three rooftop structures to conceal wireless telecommunications equipment to be installed on the roof of an existing 4-story apartment building at 916 Union Street.
On June 23, 2022, after a review of the project, Planning staff issued a 10-day public notice to approve the Design Review at staff level. Due to public comments received, the applicant subsequently revised the project to consolidate the original proposal for three 8-foot tall, 18-square-foot structures into one 13-foot-tall, 64-square-foot structure and relocated it to be away from the neighbors. Staff delayed its decision on the Design Review due to the redesign.
On September 19, 2022, the applicant held a neighborhood meeting to review the revised design and to solicit neighborhood comments. The meeting was held on Zoom and there were approximately 4 public participants.
Due to concerns from the neighbors and Planning Board interest about the proposed project, staff is requesting the Planning Board hold a public hearing and approve the Design Review application.
DISCUSSION
Design Review
The decision before the Planning Board consists of Design Review to allow the construction of a 13-foot-tall penthouse that is approximately 64-square-feet in size to conceal six wireless antennas and related telecommunications equipment on the roof of an existing four-story apartment building (Exhibit 1). Above-ground utility installations, such as the proposed antennas, are permitted by right in the R-4 zoning district. Because the project involves upper story exterior modifications to existing buildings, it requires Design Review approval pursuant to Alameda Municipal Code (AMC) Section 30-37.2.
Height: The proposed penthouse is a screening structure will extend 13 feet from the top of the roof to a height of 51 feet from finished grade, which matches the height of the existing elevator penthouse. Pursuant to AMC Section 30-5.8, utility structures and necessary mechanical appurtenances may be built up to 25 feet above the 35-foot height limit in the subject R-4 zoning district. Despite reaching a height of up to 51 feet, the proposed structure is located towards the rear of the building, approximately 80 feet away from the building façade in order to minimize any visual impact from public view. The structure is located 26 feet 6 inches from the south parapet and approximately 28 feet from the South property line. The structure is also located near the centerline of the roof which will also minimize the visual impact as viewed from Clinton Avenue. The applicant has installed story poles on the roof to depict the silhouette of the proposed structure and to aid the Planning Board and neighbors in visualizing the proposed project (Exhibit 2). As shown in photos in Exhibit 2, the story poles demonstrate that the proposed structure is not visible from the project frontage on Union Street and has minimal visual impact from various vantage points around the site.
Design: The design of this wireless facility installation is also consistent with the City’s Wireless Communications Facilities Design Guidelines <https://www.alamedaca.gov/files/content/public/departments/planning-building-and-transportation/permit-center/formshandoutsver2/wireless-communication-facilities-design-guidelines.pdf> for building mounted equipment. The proposed rooftop structure is designed to hide wireless equipment and match the design of the existing building. The exterior utilizes compatible building materials such as stucco and Spanish roof tiles to integrate the proposed facility with the character of the existing apartment building, and it fits in with other buildings in the neighborhood. Equipment cabinets and ancillary equipment will be installed on the ground level at the rear of the building. Cables from equipment cabinets to the antenna will be mounted on the exterior of the rear (north) elevation and will be boxed-in to enclose any loose cables and conduits. The rooftop structure, cabinet box and any exposed equipment will be painted to match the building as called for in the wireless design guidelines.
Neighborhood Concerns
The public comments received to-date primarily relate to the following concerns discussed below (Exhibit 3). The City’s ability to fully address these concerns are limited by federal regulations. The Federal Telecommunications Act of 1996 established the Federal Communications Commission (FCC) as the primary governmental authority over mobile phone radio-frequency (RF) consideration. Under Federal Law, local government authority is limited to considering the placement, construction and modification of wireless facilities. In particular, local government has no authority to address health effects of antenna installation or otherwise regulate exposure to RF emissions. The FCC has established the rules pertaining to local government review of wireless telecommunication facilities.
RF Emissions and Health Concerns: A common concern with any wireless facility is the effects of radio frequency (RF) emissions on human health. The concerns are often due to a lack of understanding of wireless technology, the science around radio frequency emissions and the safety standards established by the FCC. The regulation of RF emissions is under the exclusive jurisdiction of the FCC, and neither staff, Planning Board or the City Council can base a decision on the proposed project on health effects from RF emissions because the City is pre-empted from regulating wireless facilities based on environmental effects from RF emissions or other environmental concerns to the extent such emissions meet FCC guidelines. The FCC mandates that wireless facility providers conduct radio frequency (RF) modeling for each site to ensure compliance with FCC standards. The applicant submitted a radiofrequency emissions compliance report (RF-EME) certified by a Registered Engineer, and it concludes that the proposed wireless facility is within FCC standards. Generally, signals from wireless antennas are projected towards the horizon and the roof of the building provides a barrier in which RF emissions do not penetrate into the building spaces below. Within 28-feet in front of the antennas where RF emission typically exceed the FCC standards, a safety plan is provided per FCC requirements and included in Exhibit 2.
The safety recommendations from the RF-EME report are included as conditions of approval for the project. For example, the safety measures include locking access to the rooftop, demarcating locations on the roof where exposure of RF emissions exceed FCC standards, and requiring warning signage and notification to tenants of the building. Although neighbors of the project site continue to raise questions about the RF analysis, the City’s consideration of the project are limited to the Design Review findings in AMC 30-37.5 and requiring the implementation of safety recommendations in the report.
Siting of New Facilities: Public comment on the project have also included calls to move the wireless facility to other locations in Alameda, including the South Shore neighborhood and particularly the Lum School site. While the City’s Wireless Design Guidelines establish location preferences with City-owned and non-residential sites preferred over residential neighbors, the City has limited authority to compel the applicant or any wireless service provider to seek other sites. This is due to FCC rules that prevent municipalities from enacting regulations that have the effect of prohibiting wireless service, or discriminating among service providers. A state or local legal requirement constitutes an effective prohibition if it materially limits or inhibits the ability of any wireless market competitor or potential competitor to compete in a fair and balanced legal and regulatory environment. Currently, multiple wireless service providers offer service in Alameda, including the subject neighborhood. Through this proposal, DISH is attempting to establish service in this area of Alameda. Denying DISH’s attempt to locate at the subject site or requiring its relocation could be construed to improperly limit DISH’s ability to compete with other wireless service providers. To avoid this outcome, and in light of DISH’s status as a new wireless service provider in Alameda, staff did not further scrutinize DISH’s alternate sites analysis.
Processing Time: Although not a comment made by the public, the City’s Design Review process is subject to the FCC “Shot Clock” provisions which require public entities to process wireless applications in a timely manner. The City of Alameda has 90 days from the date of application to make a decision on the proposed project, excluding the number of days in which the application was deemed incomplete. Currently, the shot clock requires the City to make a decision on this application by November 15, 2022. While DISH has expressed a willingness to “toll” the shot clock in order to provide the City and the neighbors ample opportunity to express comments regarding the project, the City and DISH have not yet entered into a tolling agreement.
Conclusion
In summary, the proposed project is an appropriate design to conceal the wireless antennas consistent with the City’s wireless design guidelines. The applicant has addressed the visual impact and health concerns of the neighbors by consolidating the 3 separate antenna locations into a single location. The revised design mimics the existing elevator penthouse and increases the distance of the antennas to neighboring buildings. The story poles installed at the rooftop site further illustrate that the size and location of the proposed structure has minimal impact to the building and its neighbors. The applicant has also provided a certified radio frequency and electromagnetic energy report that concludes that the proposed facility is within FCC standards and that the safety plan is incorporated into the project conditions of approval. The City is pre-empted from regulating wireless facilities based on environmental effects from RF emissions or other environmental concerns to the extent such emissions meet FCC guidelines. As noted above, the City also may not materially limit or inhibit DISH’s ability to compete in a fair and balanced legal and regulatory environment.
For the above reasons, staff recommends the Planning Board approve the proposed wireless facility with conditions of approval in the draft resolution and pursuant to the following Design Review findings set forth in AMC Section 30-37.5:
1. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual.
2. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses.
3. The proposed design of the structure(s) and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development.
ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 which allows minor alterations to existing public or private structures involving negligible or no expansion of use beyond that which exists, and Section 15303, new construction or conversion of small structures. None of the exceptions to the categorical exemptions apply.
PUBLIC NOTICE
Property owners and residents within 300 feet of the project’s boundaries were notified of the public hearing and given the opportunity to review and comment on the proposal.
RECOMMENDATION
Hold a public hearing and approve Design Review application PLN22-0271 with the findings and conditions of approval as stated in the Draft Resolution (Exhibit 4).
Prepared By,
Deirdre McCartney, Planner II
Reviewed By,
Allen Tai, City Planner
Exhibits:
1. Project Plans
2. Project Supplemental Documents
3. Public Correspondence
4. Draft Resolution