CC 2024-06-11 Items Rec'd at Mtg. REBUTTAL LETTER OPPOSING VERIZON WIRELESS STATEMENT OF APPEAL
FROM 221 SUNRISE TERRACE HOMEOWNERS, dated April 6,2024
AND"SUBSTANTIAL EVIDENCE OF UNREASONABLE VIEWS FROM NEIGHBORING PROPERTIES"
TO ARROYO GRANDE CITY COUNCIL MEMBERS
CONTENTS
1. BEFORE and AFTER images of proposed 55-Foot Cell Tower, 789 Valley
Road, as seen from 381 Sunrise Terrace front deck and inside of home.
2. Rebuttal letter to City of Arroyo Grande City Council opposing the
Verizon Wireless Cell Tower Statement of Appeal, 789 Valley Road
signed by 221 HOMEOWNERS in the Sunrise Terrace 55+ Retirement
Community.
3. City of Arroyo Grande's Planning Commission's statement of denial
and findings to Verizon Wireless Cell Tower, 789 Valley Road, Page
13 of 30.
4. Verizon Wireless Statement of Appeal to Arroyo Grande Planning
Commission's Denial of Conditional Use Permit 23-006 for Wireless
Telecommunications Facility, 789 Valley Road
5. Signature pages from 221 SUNRISE TERRACE HOMEOWNER'S Rebuttal
Letter asking the Arroyo Grande City Council to deny Verizon's Appeal
for a permit to build a 55-Foot Cell Tower in front of our community.
SUNRISE TERRACE COMMUNITY
PROPOSED CELL TOWER IMAGE
IMPACTING VIEW
FROM
SUNRISE TERRACE HOME
BEDROOM WINDOW P6i
807 MUIRFIELD DRIVE 4
o
ARROYO GRANDE __.
ORIGINAL COPY
SUNRISE TERRACE COMMUNITY - PROPOSED CELL TOWER IMAGE
VIEW FROM HOMEOWNER'S FRONT PORCH LOCATED AT 381 SUNRISE TERRACE
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Attachment to Sunrise Terrace Rebuttal Letter dated 5-9-2024 to:
City of Arroyo Grande City Council Members in opposition to Verizon Wireless'Proposed Cell Tower,789 Valley Road Statement of
Appeal,dated February 27,2024
s
April 6, 2024
City of Arroyo Grande City Council
City Council Members: Mayor Caren Russom; Kristen Barneich; Lan George;Jim Guthrie;
Kate Secrest
Arroyo Grande, CA 93420
RE: Sunrise Terrace Homeowners Rebuttal to Verizon Wireless Statement of Appeal, dated
February 27,2024
Dear Arroyo Grande City Council Members:
Please accept this letter as our rebuttal to the Appeal Verizon Wireless filed with the City of Arroyo
Grande regarding the placement of Verizon's proposed 55-foot Cell Tower in the back parking lot at
789 Valley Road,Arroyo Grande. We request that the City Council deny the appeal and permit.
We are residents of the City of Arroyo Grande, living within the 554-Retirement Community of Sunrise
Terrace Mobile Home Park which is right next door to Verizon's Proposed Cell Tower placement.We
agree by signing this letter that this Appeal should be denied by the City Council and that Verizon
Wireless should expand and further their due diligence efforts in finding a more appropriate location
for their tower.
Based on the City Planning Commissions denial and findings, Item a. Section (I)(A)(1),
Telecommunication facilities shall avoid any unreasonable interference with views from
neighboring properties." This finding was one of the reasons why the City Planning Commission
denied the application.
If you refer to Verizon Wireless Statement of Appeal(copy attached) it states in paragraph 3 "With a
stealth design, the Proposed Facility will not unreasonably interfere with views from
neighboring properties."
Verizon's proposed placement is approximately 100 feet in front of our 300-home retirement
community's entrance where approximately of 600-650 vehicles enter and approximately the
same amount exits our community daily. The residents, visitors and service providers who drive
through our gates daily will obviously be visually impacted by the location of the proposed tower. This
location is also within 100 feet of many of our private homes. It will be a visual aberration viewed
from living room and bedroom windows,yards, and decks, as well as from homes on our terrace. In
addition, this tower will be a public nuisance because, as stated by the applicant, when electrical
outages occur, a generator shall start turning on tower lights.
In addition, based on the City Planning Commissions denial (copy attached), Section (I)(A)(4),
"...Telecommunication facilities are not allowed on any property with a Residential land use
designation..."
In"Verizon Wireless'Statement of Appeal(copy attached),"Notably,the Proposed Facility will not
impair the integrity and character of the OMU-Mixed-use District in which it would be located,
due to its camouflage design concealing all antenna equipment..."
� s
Sunrise Terrace Homeowners Rebuttal to Verizon Wireless Statement of Appeal, dated
February 27,2024.
Page 2,dated April 6,2024
This proposed facility WILL impair the integrity and character of the area (neighborhood)where it will
be located as this is not a farm location,nor is it light industrial,nor public use land.It is in the middle
of a residential neighborhood and a 55-foot faux water tower does not fit in at this location.
Ordinances cited by the planning commission in the denial of the permit as stated above for the 55-
foot cell phone tower relate to the tower being proposed for residential and office zoned property,
which is inappropriate to the zoning.The tower is of a scale inappropriate to the placement,and it is
not possible to make the tower inobtrusive,it is very intrusive.
There is another feasible preferred placement at St Johns Church%mile down Valley Road. Verizon
initially identified this location. St John's Church agrees to have the tower placed there. Since the
City of Arroyo Grande would be able to grant a permit at that location, it does not constitute a
prohibition of service.
If each of you would take the time to visit our community and view the proposed site in person you
will see for that the Proposed Tower would be very intrusive and interfere with views from Sunrise
Terrace.
As Sunrise Terrace homeowners and taxpayers who live adjacent to this Proposed 55-Foot Cell Tower
we request each of you to deny this appeal.
Thank you for your professional consideration of our request.
Respectfully,
Homeowners,Sunrise Terrace 55+ Retirement Community
(Signature Pages Attached)
Please send responses to:
Carol Cranfield,Sunrise Terrace Homeowner
stmoa@carolcranfield.corn
development policies and(_standards of the OW
The proposed use is permitted within the subject Office Mixed Use zoning
district with approval of a conditional use permit by the Planning Commission
after receiving a recommendation from the Staff Advisory Committee and
Architectural Review Committee. The proposed project does not comply with
all applicable provisions of the Development Code, the goals and objectives
of the Arroyo Grande General Plan, and the development policies and
standards of the City. In addition, the facility will operate in full compliance with
all state and federal regulations including the Telecommunications Act of
1996.
�Speccaily;the applicant failed to comply requirements?
- __ _i..__ _ .
�confarned-within the City's Telecommunication Facilities Siting and Permit)
Submittal Requirements, adopted by-City Council Resolution 4797 on Aprill
25, 2017: "`
Stiction (1 A.1.—Telecommunication-facilities shall-avoid-any
iunreasonable rote lerence With views front neighboring=pfdperties1 The
-proposed faux water tankdoes not avoid any unreasonable interference with?
1'views-frv -n
merghboring properties and its height would unreasonably impair
the view of nearby residents of the Sunrise Terrace Mobile Home Park. Public
c"omment-was received by'numerous residents of the Sunrise'terrace l ite7
4
Home Park that the proposed facility would interfere with their views from their]
"homes and constitute an eye sore. A couple members of the public provided
(comment-that they had moved to their—property within Sunrise Terrace Mobile
(Home_Park_because of their property's view and_that-the_proposed facilit9
(wou cl biock`or interfer_e_with such_views..,l`
b. Section (l)(A)(4) - Telecommunication facilities shall be painted
color(s)that are most compatible with their surroundings. The proposed
facility does not utilize a design or colors that are compatible with the
surrounding architecture of the nearby Victorian property and the water tower
design as proposed may be more appropriate for farm land locations where
water towers are more typical. Further, the applicant did not provide final color
selections for the Planning Commission's review after multiple requests which
did not allow the Planning Commission to sufficiently review their proposed
colors and visual appearance.
c. Section (1)(A)(Telecommunication facilities are allowed in all
Mixed Use and Public Facility zoning designations with either an
approved Minor Use Permit or Conditional Use Permit
(Telecommunication facilities are not allowed on any property with a•
Residentiahlandirte designation.An exception is fo plied concealed'
facilities on non=iesidantiai strabtures fh fareia/lovable in residential-)
districts ( such as within church steeples). =The--proposed_facilityjs,
proposed in a residential-designated zone because -the M_U_O Zone alows
multi-family residential buildings. J
d. Section(I)(A)(7)- The proposed facility utilizes the least preferred
location option. The Applicant did not sufficiently demonstrate that more
Page 13 of 30
Verizon Wireless Statement of Appeal
Appeal of Arroyo Grande Planning Commission's
Denial of Conditional Use Permit 23-006
for Wireless Telecommunications Facility, 789 Valley Road
Applicant Verizon Wireless appeals the decision of the Arroyo Grande Planning Commission on
February 20,2024,to adopt a resolution denying a conditional use permit for a proposed wireless
facility camouflaged as a 55-foot water tower(the "Proposed Facility").
The Architectural Review Committee granted conceptual approval of the Proposed Facility on
December 18,2023, and the Community Development Director recommended approval of the
conditional use permit,according to the February 6, 2024 Planning Commission staff report.
The Planning Commission's denial contradicted the Arroyo Grande Code of Ordinances,and
was not based on substantial evidence as required by the federal Telecommunications Act. 47
U.S.C. § 332(c)(7)(B)(iii).
The Proposed Facility satisfies all Code requirements, including the findings for a conditional
use permit. Notably,the Proposed Facility will not impair the integrity and character of the
OMU—Office Mixed-use District in which it would be located,due to its camouflage design
concealing all antenna equipment. The Proposed Facility also complies with the City's
Telecommunication Facilities Siting and Permit Submittal Requirements, in part by deploying a
stealth structure where there are no feasible preferred placement options or collocation
opportunities. With a stealth design,`•lie_Pioposed^Facility will not-unreasonably-interfere-with
aie_ws_from neigfi6oringpropert es:The Planning Commission's_resolution of denial did not 7
p vide7substantiai evidence to_supportdenial-under-these:City regulations
Members of the public spoke of concern over the environmental impacts of radio frequency
emissions,but that is not a factor for the Code's permit findings or City standards, and it is
preempted by federal law. A denial based on concern over radio frequency emissions violates
the Telecommunications Act because the Proposed Facility will comply with the FCC's exposure
guidelines. 47 U.S.C. § 332(c)(7)(B)(iv).
Denial would also violate the Telecommunications Act as it would constitute a prohibition of
service, because the Proposed Facility is the least intrusive means to fill a significant gap in
Verizon Wireless service in the south Arroyo Grande area. 47 U.S.C. § 332(c)(7)(B)(i)(II).
The City Council should grant the appeal, reverse the Planning Commission denial,and approve
the conditional use permit for the Proposed Facility.
Verizon Wireless reserves the right to supplement these grounds for appealpriorto an appeal
hearing.
As homeowners in the Sunrise Terrace Mobile Home Park,55+Retirement Community in
Arroyo Grande CA,we hereby affix our signatures in agreement to the Rebuttal to the Verizon
Wireless Statement of Appeal that was filed with the City on February 27,2024.
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Wireless Statement of Appeal that was filed with the City on February 27,2024.
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Wireless Statement of Appeal that was filed with the City on February 27,2024.
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Wireless Statement of Appeal that was filed with the City on February 27,2024.
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