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AGENDA ITEM REVIEW FORM |
5.E.
Regular City Council Meeting
- Meeting Date:
- 06/27/2018
- Department Head:
- Jose A. Guzman
- Submitted By:
- Jose A. Guzman, Director of Planning & Zoning, Planning & Zoning Department
Action Requested:
Motion
ITEM:
Discussion and possible action on any and all matters regarding a lease agreement between the City of San Luis ("Landlord") and Sun State Towers ("Tenant") for the purpose of leasing City-owned property for the installation of a telecommunications tower. (Jose A. Guzman, Director of Planning and Zoning)
SUMMARY:
Sun State Towers has requested permission to locate a telecommunications pole to mount antennas and a small structure to house telecommunications equipment at the retention basin located at 821 N. Garcia Lane. They will operate this site for expanding wireless coverage to the area for Verizon Wireless Services both voice and data. The proposed wireless communications facility will consist of an 80’ mono-elm. The mono-elm will have four (4) Verizon Wireless antennas per sector, and there will be three (3) sectors. The equipment cabinets will be state-approved pre-fabricated equipment cabinets on a concrete slab. The equipment area and the mono-elm will be enclosed with an 8” high CMU wall for security purposes.
The subject property and all adjacent properties are zoned Medium-High Density Residential. To the north, west and south are all single-family homes. Adjacent to the east is Chicanos Por La Causa Preschool.
The City of San Luis is the owner of the subject property, and Sun State Towers is looking to lease an area of approximately 675 square feet. Staff is negotiating the terms of the lease agreement, and the proposed agreement will be presented to Council at the time of the meeting.
As per City Code Section 152.319(A), Wireless communication towers and antennas may only be permitted in any zoning district with a conditional use permit. The applicant submitted an application for a Conditional Use Permit (Case No. 2018-0155) which was approved with one of the conditions being that Sun Towers enter into a lease agreement with the city.
The required setback for any structure in the R-2 district is 10 feet street side and 10 feet rear side. However, provided in Section 152.318(C) of the City Code, “towers shall be set back a distance equal to at least one hundred percent (100%) of the height of the tower from any adjoining lot line.” The tower should provide a “fall zone” of its height, in other words, if the tower fails, it would fall entirely on the property on which is located. The proposed tower is 80' and the setbacks as proposed are 212’ to the north, 20’ south, 20’ east and 260’ west; therefore it will require a variance prior to construction for the south and east side. The applicant has applied for a variance (Case No. 2018-0154) which was approved.
The subject property and all adjacent properties are zoned Medium-High Density Residential. To the north, west and south are all single-family homes. Adjacent to the east is Chicanos Por La Causa Preschool.
The City of San Luis is the owner of the subject property, and Sun State Towers is looking to lease an area of approximately 675 square feet. Staff is negotiating the terms of the lease agreement, and the proposed agreement will be presented to Council at the time of the meeting.
As per City Code Section 152.319(A), Wireless communication towers and antennas may only be permitted in any zoning district with a conditional use permit. The applicant submitted an application for a Conditional Use Permit (Case No. 2018-0155) which was approved with one of the conditions being that Sun Towers enter into a lease agreement with the city.
The required setback for any structure in the R-2 district is 10 feet street side and 10 feet rear side. However, provided in Section 152.318(C) of the City Code, “towers shall be set back a distance equal to at least one hundred percent (100%) of the height of the tower from any adjoining lot line.” The tower should provide a “fall zone” of its height, in other words, if the tower fails, it would fall entirely on the property on which is located. The proposed tower is 80' and the setbacks as proposed are 212’ to the north, 20’ south, 20’ east and 260’ west; therefore it will require a variance prior to construction for the south and east side. The applicant has applied for a variance (Case No. 2018-0154) which was approved.
Assistant City Attorney Glenn Gimbut researched industry standards in the area and possible problems for the city to be prevented in the lease. Sun State Towers representative reviewed the changes and had other changes of their own for the start time to be December 1, 2018, when they will be starting construction. They put in 2 years advanced rent for being able to renew the lease 4 times rather than 2 times. Staff was agreeable to these changes.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE AND ADOPT THE LEASE WITH SUN STATE TOWERS AS PRESENTED.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
There will be income from the lease. There will be costs involved in administering the lease.