Planning Department 168 North Edwards Street Post Office Drawer L Independence, California 93526

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1 Planning Department 168 North Edwards Street Post Office Drawer L Independence, California Phone: (760) FAX: (760) inyoplanning@ inyocounty.us AGENDA ITEM NO.: 6 (Action Item Public Hearing) PLANNING COMMISSION July 26, 2017 MEETING DATE: SUBJECT: Conditional Use Permit (CUP) /Lone Pine Communications and Variance /Lone Pine Communications EXECUTIVE SUMMARY The applicant has applied for a CUP and VAR to install a 50-foot small-tower that will replace an existing 30-foot pole to house wireless internet service antennas to serve the rural communities of Cartago, Keeler and the Owens Dry Lake area. This small-tower will replace an existing 30-foot wooden pole that needs to be upgraded to withstand the high winds common to the area. PROJECT INFORMATION. Supervisory District: 5 Project Applicant: Lone Pine Communications Lone Pine TV, 233 Jackson Street, Lone Pine, CA Property Owner: Cartago Municipal Water District, leased to Lone Pine Communications Site Address/ Community: 183 ½ Sierra Street, Cartago, CA A.P.N.: General Plan: Residential Low Density Zoning: Single Residential or Mobile Home Combined (RMH) Size of Parcel: Approximately 0.45-Acres

2 Locatio n Site Surrounding Land Use: Use Gen. Plan Designation Zoning Well house and existing communications pole Staff Recommended Action: Residential Low Density North Vacant Residential Low Density East Vacant and 2 single-family homes Residential Low Density South Vacant Residential Low Density West Vacant and Highway-395 Residential Low Density 1. Adopt the Negative Declaration of Environmental Impact pursuant to the California Environmental Quality Act, prepared for CUP /Lone Pine Communications and VAR /Lone Pine Communications. 2. Make certain Findings with respect to and approve CUP /Lone Pine Communications, subject to Conditions of Approval. 3. Make certain Findings with respect to and approve VAR /Lone Pine Communications subject to Conditions of Approval Alternatives: 1.) Deny the CUP and/or VAR. 2.) Approve the CUP and/or VAR with additional Conditions of Approval. 3.) Continue the public hearing to a future date, and provide specific direction to staff regarding what additional information and analysis is needed. Project Planner: Cathreen Richards 2

3 STAFF ANALYSIS Background and Overview Lone Pine Communications has applied for a CUP and height VAR to build a 50-foot smallpole tower to house a wireless internet service antenna. This will replace an existing 30-foot wooden pole. The goal of the project is to provide high-speed internet service to the residents of Cartago, Keeler and the Owens Lake who currently have limited speeds and service at this time. The project will be an improvement for the people who live in these communities and will help to fulfill federal goals of providing internet service to the most rural areas in the Country, as well as further the goals of the Digital-395 project. The general project area is in a location of rural residential development and vacant lands surrounding it. The properties adjacent to the site on the north, south and west are currently vacant and those to the east are developed with residential uses. The map below gives an approximate location of the proposed tower and antenna. 3

4 The tower will be located on the north side of the site in a fenced area used by the Cartago Municipal Water District for water service provision. There is a well, well house and a solar array that generates power for the water district s business on the property. The general vicinity also has other utility poles and transmission lines within it. The picture below shows the area surrounding the site for the proposed small-tower and antenna. The small-tower is proposed to be located next to the wooden pole that currently houses WiFi antennas. General Plan Consistency The goal of this project is to provide improved communications services to the residents of Cartago, Keeler and the Owens Lake area. The project is consistent with the General Plan designation of Residential Low Density LU 2.4, as it allows for public/quasi-public uses including public services. The WiFi facility will provide a significant public service by providing the residents of these communities with improved wireless internet service. It is also consistent with Policy PSU-7.1 Provision of Services Public Quasi-Public and Supporting Uses that states: The County shall encourage the provision of communication and telecommunication services and facilities to service existing and future needs. Zoning Ordinance Consistency The Single Residence Mobile Home Combined (RMH) district allows under Conditional Uses (C) Utility or public service facility, when operating requirements necessitate its location within the district, but not including a storage garage, machine shop or corporation yard. Wireless internet service antennas are considered a use of a public service nature and the operating requirements necessitate the proposed location that is within the RMH Zoning District as they are required to be specific distances from a central service node. TRIBAL CONSULTATION Prior to the Environmental review, consultation invitations were sent to the: Twenty Nine Palms Band of Mission Indians; Torres Martinez Desert Cahuilla Indians; Bishop Paiute 4

5 Tribe; Fort Independence Indian Community of Paiutes; Big Pine Paiute Tribe of the Owens Valley; Timbisha Shoshone Tribe; and, the Lone Pine Paiute-Shoshone Tribe per Tribal requests. The Twenty Nine Palms Band of the Mission Indians had several questions for staff regarding the nature of the project, which were answered to the satisfaction of the Tribe by staff. None of the Tribes requested consultation on the project. NOTICING CUP and VAR /Lone Pine Communications were noticed in the Inyo Register and sent to the property owners of property within 300-feet of the project, ten days prior to the Planning Commission Hearing. No comments have been received to date. ENVIRONMENTAL REVIEW Staff prepared a Draft Negative Declaration and Initial Study for CUP /Lone Pine Communications and height variance VAR /Lone Pine communications and submitted it for a 21-day public review, which closed on July 3, To date, the Planning Department has received no comments on the Draft Negative Declaration. Based upon the environmental evaluation of the proposed project, the Planning Department finds that the project does not have the potential to create a significant adverse impact on flora or fauna; natural, scenic and historic resources; the local economy; public health, safety, and welfare. This constitutes a Negative Finding for the Mandatory Findings required by Section of the CEQA Guidelines. RECOMMENDATION Planning Department staff recommends the approval of Conditional Use Permit No /Lone Pine Communication and Variance No /Lone Pine Communications, with the following Findings and Conditions of Approval: Findings: Conditional Use Permit /Lone Pine Communications 1. Based upon the Initial Study and all oral and written comments received, adopt the Negative Declaration of Environmental Impact and certify that the provisions of the California Environmental Quality Act have been satisfied. [Evidence: An Initial Study and Draft Negative Declaration of Environmental Impact were prepared and circulated for public review and comment pursuant to the provisions of the California Environmental Quality Act. The 21-day public comment period ended on July 3, No additional potentially significant environmental impacts from the construction and operation of the tower and antenna were identified in the course of that circulation nor were any comments received.] 2. The proposed Conditional Use Permit is consistent with the Inyo County General Plan Land Use designation of Residential Low Density and Provision of Public Services (PSU) 7.1. [Evidence: The proposed Conditional Use Permit is consistent with the goals and 5

6 objectives of the Residential Low Density LU 2.4 designation, as it allows for public/quasi-public uses including public services. The WiFi facility will provide a significant public service by providing the residents of these communities with improved wireless internet service. It is also consistent with Policy PSU-7.1 Provision of Services Public Quasi- Public and Supporting Uses that states: The County shall encourage the provision of communication and telecommunication services and facilities to service existing and future needs. No conflicts exist with policies and objectives in the other adopted elements of the General Plan.] 3. The proposed Conditional Use Permit is consistent with the Inyo County Zoning Ordinance, which permits Utility or public service facility as a Conditional Use in the RMH Zoning District. [Evidence: Section The Single Residence Mobile Home Combined (RMH) Zoning District allows under Conditional Uses (C) Utility or public service facility, when operating requirements necessitate its location within the district, but not including a storage garage, machine shop or corporation yard. Wireless internet service antennas are considered a use of a public service nature and the operating requirements necessitate the proposed location due to the distance to a Digital 395 node that is within the RMH Zoning District and the applicant has applied for a Conditional Use Permit.] 4. The proposed Conditional Use Permit is necessary or desirable. [Evidence: General Plan Policy PSU-7.1 encourages the provision of new communications services to the residents of Inyo County. This project serves the purpose of providing improved internet access to the people who live in the communities of Cartago, Keeler and the Owens Lake area; therefore, this is a desirable use.] 5. The proposed Conditional Use Permit is properly related to other uses and transportation and service facilities in the vicinity. [Evidence: The proposed tower will be sited on property that is being used for a municipal water district and all of its related uses. The project site also already has utility and a WiFi antenna pole(s) on and in the vicinity of it, all of which relate to the service nature of the antenna. The tower and antenna will have no impact on transportation or service facilities. In fact, the project will provide an additional public service to the communities of Cartago, Keeler and the Owens Lake area.] 6. The proposed Conditional Use Permit would not, under all the circumstances of this case, affect adversely the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare. [Evidence: The placement of a 50-foot tall small-pole tower and wireless internet service antenna will not have an impact on surrounding properties when taken in consideration with the existing services currently being conducted on the site (water provision services) and the existing utility and antenna poles also on or 6

7 near the proposed site. Wireless internet service antenna signals have not been found to create hazards to the public and the small-pole tower will also be required to meet the wind-load and building requirements specified in the Uniform Building Code by the Inyo County Building and Safety Department.] 7. Operating requirements necessitate the 50-foot tall small-pole tower s location within the Single Residence Mobile Home Combined (RMH) zoning district. [Evidence: The project requires that the small-pole tower is located on the Cartago site close to a service node provided by the Digital-395 project. Here it will pick up the signals from the node and broadcast it out to the community of Cartago and to an existing WiFi antenna in Keeler, which will help to serve the surrounding Owens Lake area. Therefore, the operating requirements necessitate the small-pole tower s location within the RMH Zone in Cartago. Findings: Variance /Lone Pine Communications Staff has reviewed the application and can find that all seven of the required Findings for the approval of a variance can be affirmed: 1. That there are exceptional circumstances applicable to the property involved, or to the intended use, which do not generally apply to other property in the same district. [Affirmative Evidence: Inyo County Code (ICC) limits the height of structures to 35-feet. Due to the nature of how the WiFi antennas work by bouncing signals between antennas, the requested 50-foot height of the smalltower that will house the WiFi antennas is necessary for them to work efficiently with the rest of the network of antennas. Other properties in the RMH Zone are primarily developed with single family homes and do not require the additional height as a function of their use.] 2. That the result would not be detrimental to the public welfare, or injurious to property in the vicinity. [Affirmative Evidence: The proposed 50-foot small-tower will not be detrimental to the public welfare or injurious to property in the vicinity as it will replace a wooden pole that is currently housing WiFi antennas. This pole does not meet current wind standards and the area is prone to high wind speeds. Replacing the pole with the small-tower will make the overall facility and the area within the vicinity of it safer for the public and other properties.] 3. That the strict application of the regulation sought to be modified would result in practical difficulties or hardships inconsistent with, and not necessary for the attainment of, the general purposes of this title. [Affirmative Evidence: Not allowing for proposed height variance for the small-tower to house the WiFi antennas would cause practical difficulties and hardships to the applicant as this location is optimal for sending and receiving WiFi signals through the established WiFi network. Granting a variance for a 50-7

8 foot small-tower to house the WiFi antennas still allows for the general purposes of Title of the Zoning Code to be fulfilled, as Conditional Uses (C) allows for Utility or public service facility, when operating requirements necessitate its location within the district, but not including a storage garage, machine shop or corporation yard. Wireless internet service antennas are considered a use of a public service nature and the operating requirements necessitate the proposed location; and therefore, granting a height variance is within the general purposes of this title.] 4. The proposed variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. [Affirmative Evidence: The project site is in an area with an RMH zoning designation and a RL General Plan designation. The small-tower and WiFi antennas are a conditionally allowed use in the RMH zone and an allowed use the RL General Plan designation, as a public, quasi-public use. The variance will allow for a higher structure than is allowed by Any person with property in the RMH zone and RL General Plan designations could apply for the same use and the same variance subject to this same process. Also, there are numerous other utility poles in the general area.] 5. The proposed variance does not authorize a use or activity that is not otherwise expressly authorized by the zoning regulation governing the parcel of property. [Affirmative Evidence: The proposed variance applies to height requirements. The proposed small-tower and WiFi antenna are permitted as a conditional use in the RMH Zone by ICC (C) - Utility or public service facility, when operating requirements necessitate its location within the district, but not including a storage garage, machine shop or corporation yard. Wireless internet service antennas are considered a use of a public service nature.] 6. The proposed variance is consistent with the Inyo County General Plan [Affirmative Evidence: The requested variance presents no inconsistencies with the General Plan land use designation of the project site, which Residential Low Density that allows for public-quasi public uses.] 7. The requirements of the California Environmental Quality Act have been met. [Affirmative Evidence: An Initial Study and Draft Negative Declaration of Environmental Impact were prepared and circulated for public review and comment pursuant to the provisions of the California Environmental Quality Act. The 21-day public comment period ended on July 3, No additional potentially significant environmental impacts from the construction and operation of the tower and antenna were identified in the course of that circulation nor were any comments received.] 8

9 Conditions of Approval 1. Hold Harmless The applicant/developer shall defend, indemnify and hold harmless Inyo County agents, officers, and employees from any claim, action or proceeding against the County or its agents, officers, or employees to attack, set aside, void or annul an approval of the county, its advisory agencies, its appeals board, or legislative body concerning Conditional Use Permit No /Lone Pine Communications and Variance /Lone Pine Communications. The County reserves the right to prepare its own defense. 2. Compliance with County Code The applicant/developer shall conform to all applicable provisions of Inyo County Code. County Code does not allow for the storage of company related equipment on the property. Thus, the use of the project site for the storage of equipment, materials, and company vehicles is prohibited. Additionally, the conducting of company business is prohibited. The applicant is required to obtain a building permit to install the small-pole tower. The small-pole tower will need to meet the wind-load and building requirements specified in the Uniform Building Code by the Inyo County Building and Safety Department. If the use provided by this conditional use permit is not established within one year of the approval date it will become void. ATTACHMENTS A. Draft Negative Declaration of Environmental Impact and Initial Study. 9