Public hearing followed by discussion and possible action on any and all matters regarding Conditional Use Permit Case No. 2020-0661. A request by FM Group, on behalf of the State of Arizona, owner, for a conditional use permit to allow the installation of a new wireless communication facility on property located at 7125 East Cesar Chavez Boulevard, San Luis, Arizona.  (Jose A. Guzman, Director of Planning and Zoning)

A. Open public hearing  B. Close public hearing
C. Action on Conditional Use Permit Case No. 2020-0661

This is a request by FM Group, Michael J. Campbell on behalf of the State of Arizona, Department of Administration c/o General Services Division, owner, for a Conditional Use Permit as per Section § 152.076 (C–16) of the City of San Luis Code of Ordinances.

This request is to allow the installation of a new wireless communication facility on an APS replacement pole and associated carrier equipment compound in a Rural Area Residential (RA-10) zoning district, Assessor’s Parcel No. 228-00-009, located at 7125 East Cesar Chavez, Boulevard, San Luis, Arizona.

As per City Code § 152.318(C) "The setback of the communication equipment and/or the accessory structures shall meet the building setbacks for the zoning district in which it is located. Towers shall be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line. Facilities that are located on streetlights, traffic signals poles, 69 kilovolts or above, and existing electrical utility poles are exempt from setback requirements."

In this case, the proposed facility is to be located on an existing electrical utility pole which is exempt from setback requirements. 

TELECOMMUNICATIONS ACT OF 1996: 
This federal legislation established certain standards for local review of various types of antennas and other communication devices. Local governments may consider standards such as height, appearance, screening, stealth design, planting, and public safety issues (other than radiation). The local government may not discriminate between service providers, prohibit wireless services or have the effect of prohibiting wireless services, regulate on the basis of electromagnetic radiation if the facility complies with FCC standards, make land-use decisions without substantial evidence and a written record of the proceedings, or unreasonably delay decision making on proposed applications.

CITIZEN REVIEW MEETING:
As required by State Statute and the City Code, a Citizen Review Meeting was held on January 12, 2021, at 6:00 P.M., due to the pandemic, this meeting was conducted via teleconference. Notice of the meeting was published in the local newspaper and the public was able to connect to the meeting or send out questions or comments via email before the meeting. The intent of this meeting was to allow the public to learn about the conditional use permit application, ask questions and/or express any comments or concerns. There were no people from the public connected to the teleconference neither did the city receive any comments or questions prior to the meeting. 

AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various city and outside agencies. We have received comments from the following agencies:

1. City of San Luis Fire Department
2. Marine Corps Air Station Yuma

As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (3 letters). The city has not received any other significant concerns or objections from the various review agencies or adjacent property owners. 

PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission held a public hearing regarding this item during a special meeting held on January 19, 2021. Due to the pandemic, this meeting was conducted via teleconference. Notice of the meeting was published in the local newspaper and the public was able to connect to the meeting or send out questions or comments via email before the meeting. There were no people from the public connected to the teleconference neither did the city receive any comments or questions prior to the meeting. 

Staff presented the item with the recommendation of approval and the commission made a motion to forward Conditional Use Permit Case No. 2020-0661 to the City Council with the recommendation of approval. 

STAFF RECOMMENDATION:
The applicant has provided the information and materials necessary for review of the Conditional Use Permit. 

Staff recommends approval of Conditional Use Permit Case No. 2020-0661.