Title
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. PLN14-0731 - 1777 Shoreline Drive; and
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 proposed facility will be collocated with an existing T-Mobile facility. The project is located within an R-4 (Neighborhood Residential) zoning district. PLN14-0729 - 1538 Saint Charles Street. (Community Development 481001)
Body
To: Honorable Mayor and Members of the City Council
From: Elizabeth D. Warmerdam, Interim City Manager
Re: 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 PLN14-0731 - 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 nine new panel antennae and other associated equipment for an AT&T wireless telecommunication facility. The proposed facility will be collocated with an existing T-Mobile facility. The project is located within an R-4 (Neighborhood Residential) zoning district PLN14-0729 - 1538 Saint Charles Street.
BACKGROUND
The Federal Communications Commission (FCC) maintains exclusive jurisdiction over safety standards for wireless radio frequency (RF) emissions. Federal law expressly prohibits local governments from denying wireless telecommunications installations based on health effects or otherwise regulate exposure to RF emissions.
In December of 2014, Cortel Inc., agent for AT&T, submitted two applications for Design Review to install wireless communications antenna on the rooftops of apartment buildings at 1538 Saint Charles Street and 1777 Shoreline Drive. The two applications are to replace wireless service from antennas that are being discontinued by the Alameda Unified School District (AUSD) at two public school sites, Wood Middle School and Maya Lin Elementary, due to AUSD's decision to eliminate all such facilities from AUSD-owned properties. Wireless facilities located on AUSD property must now relocate to other sites in Alameda, including in residential neighborhoods, in order to maintain and accommodate the growing demand for wireless service coverage for Alameda subscribers.
On February 22, 2015, the applications were approved by the Community Development Department, as design review decisions made at the staff level.
On February 23, 2015, the Planning Board called the two applications for review in response to neighborhood concerns.
On April 13, 2015, the Planning Board upheld the original decision and approved both Design Review applications. The Board's approvals were based solely upon design considerations, which is consistent with Federal laws that limit local government authority to the placement, construction and modification of wireless facilities.
On April 23, 2015, City Council Member Daysog called the decision at 1777 Shoreline for review, and Mayor Spencer called the decision at 1538 St. Charles for review.
DISCUSSION
The FCC has established time limitations known as the "shot clock" to insure that local governments process wireless applications in a timely manner. The application for 1777 Shoreline Drive, a new installation, is subject to a 150-day shot clock, and the City's final decision must be made by June 25, 2015. The collocation proposal at 1538 Saint Charles Street is subject to a 90-day shot clock, but a tolling agreement between the City and the applicant granted a time extension through May 19, 2015 for the City to consider community concerns. This means the City must make a decision on this application no later than May 19.
The staff analysis on the project design and discussion of the City's review authority is contained in the Planning Board staff report attached as Exhibit 1.
FINANCIAL IMPACT
None.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Not Applicable.
ENVIRONMENTAL REVIEW
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.
RECOMMENDATION
Hold a public hearing and approve resolutions upholding the Planning Board's Design Review approvals for both applications as follows:
1. Upholding Planning Board Resolution PB-15-04 approving Design Review application for the installation of telecommunications facilities at 1777 Shoreline (Exhibit 2) (PLN14-0731).
2. Upholding Planning Board Resolution BP-15-05 approving Design Review application for the installation of telecommunication facilities at 1538 Saint Charles Street (Exhibit 3) (PLN14-0729).
Respectfully submitted,
Debbie Potter, Community Development Director
By:
Andrew Thomas, City Planner
Exhibits:
1. Planning Board Staff Report for April 13, 2015, including Exhibits
2. Planning Board Resolution 1777 Shoreline Drive
3. Planning Board Resolution 1538 Saint Charles Street