Public hearing followed by discussion and possible action on any and all matters regarding Conditional Use Permit Case No. 2018-0155. A request by Sun State Tower, on behalf of the City of San Luis, owner, for a Conditional Use Permit to allow the construction of an 80-foot cell tower to be located at 821 N. Garcia Lane, 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. 2018-0155

Sun State Towers has requested a Conditional Use Permit (CUP) 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 (Assessor Parcel No. 776-35-900). The CUP is required as per Section 152.319(A) of the City of San Luis Code of Ordinances. 

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-foot mono pole elm tree (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-inch high Cement Masonry Unit  wall for security purposes.

The property is zoned as Medium-High Density Residential (R-2), and it is used as a retention basin for the subdivision.  All adjacent properties are zoned R-2 and are single-family homes except property adjacent to the east is used as a preschool (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 in a future meeting.  One of the conditions on this use application is that Sun State will enter into a lease a 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 falls, it would fall entirely on the property on which is located. The proposed tower is 80 feet and the setbacks as proposed are:
212 feet to the north,
20 feet to the south,
20 feet to the east, and
260 feet to the  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).  The Board of Adjustment (City Council) is to hear the variance before this Conditional Use Permit at this meeting.

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:
The Citizen Review Meeting was held on May 1, 2018, at City Hall Council Chambers at 6:00 p.m. The intent of this meeting was to allow the public to learn about the project, ask questions, and express any comments. There were 3 people from the public present; one person was concerned about the electromagnetic radiation exposure, the applicant mentioned that exposure is a portion of the maximum allowed by Federal Law. Another gentleman stated that he would like to see improvements made to the retention basin with the money collected from the lease. 

PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission held a public hearing for this item on their Regular Meeting of May 8, 2018, at the City Hall Council Chambers. The Commission recommended approval of this request. 

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 (4-17-18)
2. City of Yuma (4-19-18)
3. Marine Corps Air Station Yuma (4-20-18)

As required by state statute, staff sent notification letters to property owners within 300 feet of the proposed project (67 letters). Staff received about 7 telephone calls and 1 property owner visit with questions regarding the project. We encourage them to attend the Citizen Review Meeting and public hearings. The city has not received any other significant concerns or objections from the various review agencies or adjacent property owners. 

The applicant has provided the information and materials necessary for review of the Conditional Use Permit. The applicant has applied for a Variance (Variance Case No. 2018-0154) from the Board of Adjustment (City Council) to allow reduced setbacks required by Section 152.318(C) of the City Code. 

Staff recommends approval of Conditional use Permit Case No. 2018-0155 with the following conditions:

1. The applicant must enter into a lease agreement with the City of San Luis.
2. The height of the mono-elm shall be a maximum of 80 feet as shown in the attached site plan and collocations shall not cause the mono-elm to exceed the 80-foot maximum.