Report Prepared by: Jessie Lee, Development Services Technician II, Development Services Department
Title
SUBJECT: Public Hearing - Appeal of Planning Commission’s Denial of Conditional Use Permit #1277, Initiated by AT&T Mobility; This Application Involves a Request to Construct a 55-Foot-Tall Wireless Communication Tower in the Form of a Stealth Mono-Pine Tree at 1717 E. Olive Avenue, Generally Located at the Northeast Corner of E. Olive Avenue and Parsons Avenue, with a General Plan Designation of Low Density Residential (LD), and a Zoning Classification of (R-1-6)
REPORT IN BRIEF
AT&T Mobility is appealing the Planning Commission’s denial of Conditional Use Permit #1277 to construct a 55-foot-tall wireless communication tower in the form of a stealth mono-pine tree at 1717 E. Olive Avenue.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2025-__, a Resolution of the City Council of the City of Merced, California, approving the appeal of AT&T of the Merced Planning Commission approval of Conditional Use Permit #1277; or,
B. Adopting Resolution 2025-__ , a Resolution of the City Council of the City of Merced, California, denying the appeal of AT&T of the Merced Planning Commission denial of Conditional Use Permit #1277; or,
C. Continuing the appeal to a specific date (to be spelled out in the Council motion).
Body
DISCUSSION
Background
AT&T Mobility is appealing the Planning Commission’s denial of Conditional Use Permit #1277 to construct a 55-foot-tall wireless communication tower in the form of a stealth mono-pine tree at 1717 E. Olive Avenue. The proposed project is located at the northeast corner of E. Olive Avenue and Parsons Avenue within a developed lot occupied by the Bear Creek Community Church of the Nazarene. Per Merced Municipal Code Land Use Table 20.58-2 - Review Procedures for Support Towers for Wireless Communication Facilities (Attachment 5), a site plan review is required for stealth facilities within an R-1 Zone that are over 140% of the maximum height allowed within this zone., which is 55 feet. However, because the Site Plan Review Committee referred this request to the Planning Commission on April 24, 2024, the land use permit required became a conditional use permit (CUP).
The initial application for the stealth mono-pine telecommunication tower came in as Site Plan Review Application #544 and was heard by the Site Plan Review Committee (made up of the Director of Development Services, Chief Building Official, and City Engineer or designees) on April 25, 2024 (Attachment 7). A public hearing notice was posted in Merced County Times and mailed to immediately adjacent property owners as required by MMC 20.68.050(E) for Site Plan review applications adjacent to residential properties. Staff received 15 emails, and 9 voicemails in opposition, and 1 email in support of the project. During the site plan review public hearing, there were 15 speakers from the audience in opposition to the project. The Site Plan Review Committee voted unanimously to refer Environmental Review #24-10 and Site Plan Review #544 to the Planning Commission for final review and decision per MMC 20.68.050 (C)(2).
On July 3, 2024, the Planning Commission opened the public hearing for this CUP and accepted public comment from 14 individuals (none in support and 14 in opposition). Most of the opposition centered around the following issues: visual impact, health risk of radio frequency, and effects on home values. At the request of the applicant, the Planning Commission voted to continue the public hearing and decision on the CUP to the August 7, 2024, Planning Commission meeting, to allow the applicant additional time to research alternative locations as potential sites for the proposed cell tower. On August 7, 2024, the Planning Commission took additional public testimony from 1 individual, 1 in opposition and none in support, to the project. Again, at the request of the applicant, the public hearing was continued to the Planning Commission meeting of September 18, 2024, to finalize the applicant’s determination of whether alternative suitable and feasible sites existed within the City.
On September 18, 2024, the Planning Commission considered this matter at a public hearing and acted by an unanimous vote to deny Conditional Use Permit #1277 and Environmental Review #24-10 based on the project not meeting the City’s Municipal Code Chapter 20.58 requirements regarding Wireless Communication Facilities Findings, Finding K (Attachment 4) per Planning Commission Resolution #4137 (Attachment 3). Finding K corresponds to Finding C of MMC 20.58.070, which states that “the location of the wireless communications facility minimizes the visibility of the facility from residentially-zoned property and minimizes obstruction of scenic view from residentially zoned property.” Staff also received a petition with approximately 124 signatures (Attachment 8). There were 10 speakers in opposition and 1 speaker in favor of the project.
AT&T Mobility appealed the Planning Commission’s action on October 8, 2024, and provided the letter at Attachment 1. For information about the proposed project see the Planning Commission Staff Report #24-783 (Attachment 4), for public comments received on the project, see Attachment 7.
ATTACHMENTS
1. Letter of Appeal from AT&T Mobility
2. Planning Commission Meeting Minute Excerpt (September 18, 2024)
3. Planning Commission Resolution #4137 (Denial)
4. Planning Commission Staff Report #24-783 (CUP #1277)
5. Zoning Ordinance 20.58 - Wireless Communication Facilities
6. Draft Site Plan Resolution
7. Site Plan Committee Minute Excerpt of April 24, 2024
8. Public Comments Redacted from Site Plan Review Meeting, Planning Commission Meeting of July 3, 2024, and Planning Commission Meeting of September 18, 2024.
9. Public Hearing Notice Map for Appeal of Planning Commission’s Denial of Conditional Use Permit #1277
10. Presentation
11. Proposed Resolution to Approve Appeal
12. Proposed Resolution to Approve Appeal - Exhibit A
13. Proposed Resolution to Deny Appeal