Title
PLN14-0731 - 1777 Shoreline Drive. Public hearing to consider an application for Design Review approval for a new enclosure on the rooftop of an apartment building to house 12 new panel antennae and other associated equipment for an AT&T wireless telecommunication facility. The project is located within an R-3-PD (Garden Residential Planned Development) zoning district.
PLN14-0729 - 1538 Saint Charles Street. Public hearing to consider an application for Design Review approval for a new enclosure on the rooftop of an apartment building to house nine new panel antennae and other associated equipment for an AT&T wireless telecommunication facility. The project is located within an R-4 (Neighborhood Residential) zoning district.
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CITY OF ALAMEDA
Memorandum
To: Honorable President and
Members of the Planning Board
From: Deborah Diamond
Planner
Date: April 13, 2015
Re: PLN14-0731 - 1777 Shoreline Drive. Public hearing to consider an application for Design Review approval for a new enclosure on the rooftop of an apartment building to house 12 new panel antennae and other associated equipment for an AT&T wireless telecommunication facility. The project is located within an R-3-PD (Garden Residential Planned Development) zoning district.
PLN14-0729 - 1538 Saint Charles Street. Public hearing to consider an application for Design Review approval for a new enclosure on the rooftop of an apartment building to house nine new panel antennae and other associated equipment for an AT&T wireless telecommunication facility. The project is located within an R-4 (Neighborhood Residential) zoning district.
Both projects are categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, which allows permitting and licensing of existing public or private structures involving negligible or no expansion of use beyond that which exists.
BACKGROUND
On December 8, 2014, Cortel Inc., agent for AT&T, submitted an application for installation of nine new wireless communications antennas on the roof of an apartment building located at 1538 Saint Charles Street (Exhibit 1). The following day, the applicant submitted a second application for 12 new antennas on the rooftop of a residential building at 1777 Shoreline Drive (Exhibit 2). Both applications are to replace wireless service from antennas that are being discontinued by the Alameda Unified School District at two public school sites, Wood Middle School and Maya Lin Elementary, due to the school district's decision to eliminate all such facilities from School District owned properties.
Above-ground utility installations, such as the proposed antennas, are permitted by right in the R-3-PD and the R-4 zoning districts. The subject applications involve exterior modifications to existing buildings and therefore require Design Review approval pursuant to Alameda Municipal Code (AMC) Section 30-37.2. On February 12, 2015, letters were sent to neighboring properties informing them of the applications and soliciting comments. Based upon a review of the applications and a review of local, state and federal regulations, planning staff prepared to recommend to the Zoning Administrator approval of both applications.
On February 23, 2015, the Planning Board called the two applications for review in response to neighbors raising concerns about the proposed antennas. The main objection to the applications is a concern about the health effects of human exposure to radio frequency (RF) electromagnetic fields, particularly exposure of children, since the proposed location at 1777 Shoreline is adjacent to Wood Middle School.
ANALYSIS
Wireless communications antenna requirements are evolving as the use of mobile technology changes and increases. Early generation of cell phones were focused on use in cars, and thus antennas were placed near freeways. As cell phones have evolved and public demand for mobile service has increased, wireless infrastructure has expanded into all areas including residential neighborhoods. Wireless service providers are constantly attempting to meet increased demand by installing and upgrading infrastructure to provide better, faster and more reliable service.
Federal Regulations
The Federal Telecommunications Act of 1996 established the Federal Communications Commission (FCC) as the primary governmental authority over mobile phone RF consideration. Under Federal Law, local government authority is limited to 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 radiation. The FCC has established the following rules pertaining to local government review of wireless telecommunication facilities:
RF Emissions and Health Concerns: The regulation of RF emissions is under the exclusive jurisdiction of the FCC. The FCC mandates that wireless facility providers conduct radio frequency electromagnetic (RF) modeling for each site to ensure compliance with FCC exposure limitations.
Collocations: Section 6409 of the "Middle Class Tax Relief Act of 2012" states that:
"a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station."
This means that a local government must approve applications involving "collocation" of new antennas with antennas that already exist on a structure.
Siting of New Facilities: Federal rules also prevent municipalities from enacting regulations that have the effect of restricting wireless service, or discriminating among service providers. For example, unreasonable discrimination has been found when local authorities prohibit installations in locations where identical facilities were previously permitted. Local governments potentially run afoul of this provision if its enforcement of local requirements creates a "significant gap" in service coverage. The FCC would find a "significant gap" to exist if the particular provider seeking to install facilities has a gap in its own service network, even if other companies provide service in an area.
Processing Time: In 2009, the FCC established "Shot Clock" provisions for municipal land use planning authorities to insure timely processing of wireless applications. This resulted in a 90-day review limit for collocation applications and 150-day review for siting applications other than collocation. The review time for collocations was further reduced by the FCC to 60 days on October 17, 2014.
In summary, Federal Law limits the City's review of wireless facilities to: 1) the physical placement of the facility, and 2) the appearance of the structure(s) supporting the wireless facility. The potential health effects of RF cannot be the basis for any City land use or planning decision regarding the placement or appearance of a wireless facility.
It should be noted that the Alameda Unified School District or the City of Alameda City Council may decide not to make its lands or properties available for lease to wireless providers based upon concerns about the potential health effects of RF. The Federal Laws described above relate solely to the City of Alameda land use authority to regulate the construction of facilities on private property. A school district or a city government can, as a property owner, make independent decisions about how it may or may not want to lease property to a wireless provider.
City of Alameda Regulations:
Pursuant to the Alameda Municipal Code (AMC), proposals to erect new or modify existing wireless facilities on private property require Design Review approval consistent with AMC Section 30-36 and 30-37. To approve a design review application, the Planning Board must find that:
1. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual.
2. The project will be compatible and harmonious with the design and use of the surrounding area.
3. The proposed design of the structure and exterior materials are visually compatible with the surrounding development.
Consistent with federal regulations and the requirements of AMC section 30-36, Design Review, the staff review of the rooftop installations focused primarily on the physical design of the proposals. Please see Exhibit 3 for photo simulations and technical reports.
PLN14-0731 - 1777 Shoreline Drive. This application is a proposal to install a new telecommunications facility on the rooftop of the rear building at the Shoreline Apartments complex. AT&T indicates this wireless installation is necessary to close a coverage gap in its service. A RF-EME Compliance Report was prepared for this project and it concludes that the proposed wireless facility is within FCC standards.
The location and appearance of the proposed telecommunications facility is consistent with zoning regulations and the City's design guidelines for new construction to match the existing building. Such facilities are permitted in the R-3 zoning district.
The antenna would be mounted on a rack adjacent to an existing elevator housing. The screening structure will extend 11 feet from the top of the roof and to a height of 38'6". The height limit for the R-3-PD district is 35 feet but, pursuant to AMC Section 38-5.8, utility structures and necessary mechanical appurtenances may be built up to 25 feet above the height limit.
The proposed facility consists of 12 antennas concealed within a stealthing structure. The stealthing structure would be painted to match the building color, incorporating the same blue band at the top. Equipment cabinets and ancillary equipment will be installed adjacent to the ground-level garage. Cables from the equipment cabinets to the antenna will be on the exterior of the north (rear) elevation and will be boxed in and painted to match the building. Design review for a similar rooftop installation on another building in the same apartment complex belonging to another carrier was previously approved by the City of Alameda under Design Review Section 30-36.
For the above reasons, staff recommends approval of the facilities proposed at 1777 Shoreline Drive.
PLN14-0729 - 1538 Saint Charles Street. This application is also a proposal to install a new telecommunications facility on the rooftop of a residential building. AT&T has applied to install nine new antennas and equipment cabinets at 1538 Saint Charles Street. A rooftop wireless installation for T-Mobile already exists on the same roof, making this a collocation of wireless facilities. AT&T indicates this wireless installation is necessary to close a coverage gap in its service. A RF-EME Compliance Report was prepared for this project and it concludes that the proposed wireless facility is within FCC standards. Pursuant to Federal Law, the subject application does qualify as a "collocation" proposal because another facility already exists on the roof of this building.
The location and appearance of the proposed telecommunications facility is consistent with zoning regulations and the City's design guidelines for new construction to match the existing building.
The screening structure will extend 10 feet from the top of the roof and to a height of 50'3". Pursuant to AMC Section 38-5.8, utility structures and necessary mechanical appurtenances may be built up to 25 feet above the 35-foot height limit in the subject zoning district.
The proposed antennas would be located on the roof on the east side (rear) of the building, concealed within a stealthing structure which would be painted to match the existing building color. The cabinets and ancillary equipment will be installed inside the ground-level garage. Cables from the equipment cabinets will be on the exterior of the north (rear) elevation and will be boxed in and painted to match the building.
For the above reasons, staff recommends approval of the telecommunications facilities proposed at 1538 Saint Charles Street.
ENVIRONMENTAL REVIEW
Both applications are 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.
PUBLIC NOTICE AND COMMENTS
On February 12, 2015, a Design Review notice was sent to properties within 100 feet of each project boundary. Ten people provided written comments in opposition of the applications; seven for the location at 1777 Shoreline Drive, one for the location at Saint Charles Street, and two for both locations.
For the Planning Board hearing, property owners and residents within 300 feet of each project boundary were notified of the public hearing and given the opportunity to review and comment on the proposals. Notices were reissued after the item was continued from the March 23, 2015 Planning Board meeting. All public correspondence is attached to this report (Exhibit 4).
RECOMMENDATIONS
Approve resolutions of Design Review approval for both applications, as follows:
1. Approval of Design Review application PLN14-0731 - 1777 Shoreline Drive, with conditions stated in the draft resolution (Exhibit 5).
2. Approval of Design Review application PLN14-0729 - 1538 Saint Charles Street, with conditions stated in the draft resolution (Exhibit 6).
Respectfully Submitted,
Deborah Diamond
Planner
Exhibits:
1. Project Plans, 1777 Shoreline Drive
2. Project Plans, 1538 Saint Charles Street
3. Photo Simulations and Technical Reports
4. Correspondence
5. Draft Resolution 1777 Shoreline Drive
6. Draft Resolution 1538 Saint Charles Street