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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 "BEFORE" it :AIL ': 1, ', •. . -'•Vy , 'Z• • Y y° 'c lii 4464 Ar ' r 41 -! 'fpp-'-' .1/4,�G' -. .may' ' ..• ...4. 1..,„. ...i. "`,..-s.:':'- -,l'ir4:4:::.•::::: 6-e4,10-1";-. Iv *Z-`,.'•.-_.f _.r 1. rg-'771,zi i /;-:1- . .5,, .-. _ • - '',''.. , ', :, iIi: i 17. C �iils. v "AFTER" '1.4';-: • ak• ..44.,...,9:4: C. • f. 4•4•;;;,--', ter, aw k. 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'• yx \ l .... ., r,;, ' 4 !: . te r k,Atii1 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. le ( Date '' f i . ,4_,, A'. _�-._ _, / - .--(91--4 4 .4 . .../ ier_il ,6(// 6( /- Az_ � i - 1.2 /// ' ,:-1 / 2-77(-/./2 omn ‘ / ,f I - -4w4 f I 1 f(rie-,_ 0 -p;_iwa 9 111- t . "'t \. .1. , ' I , i47.__/clAtik /71 - , -0 i%Jr__649- (77-1_ - 40 21 _ A, (p&y L1 Ye _ / .c 20 0 AA/A r 1 • _. 11;i— r 61 1:7L--4 - - '. 2 / . ; / 1(/a_ c/ -.:W 1 72L-Cei AI I U 2 _er &_i,04.,, V 40\ ‘ (--1 - (/'b -( 4 I � - / 6 - z 54 L rrer-e, , , ;‘,Zeuily---I iVi •lP 1/11 , - iarAi ar,ve.71‘-ze__ e-iva.,2 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. N m f� Date _ illii5 1,(2:4 L/ if -- 6 -02-- "f /400, y , 5.-- a V ///12 - S.^ V ,' 6,- 0-Q-Ze 4/-- '5- - 2-(( . i1' /4 e_ 4/.- S-'---J-Y. • I . 7 t /, 71t I-1-5- - aY _, j / sir 4/4- hq - .----27,,76.„4.‘ ,,... ...,--,,-_,e---7 e--/ir.a_v ` 3..k, /./ r it I c: / -47/- 9.-;,(_( 4,-(;RA-- '- i uYi ? --2-4 ,4f/.6(4, ?,e) 4-/ - 7 - 2- Y , tip -kvJ- 1-0(_p_,0 . 9 f ___.)&,,,, y////)/J v _ 0-16.,___ze-16(JJ ; . , ./1-1,7A,)/ V/(1/44 cly V//)/ /'�� (7G '��— /o - , - Au,m l G S C -1 y - - 3- 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. Name )) 1 Date �1 ga �iA cki d tel '-DJ A y�rl QVC `"T) lZ N Z G v ./7 d C_S. Y44 Y `(�c7 'i ). 1 /(Ig i 4.,. ice. . 4(/64‘4/ r kI s ? 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' .0-*CI'7 410111 VI , •4b ut ----t / Le / if OPA,af; (4zy tv, G, 2Li C... •_ S L.,.5)6„ LI [ L. , -LI i - ,7(--FA,-,7„:2_,, _ ,--� k-f- wu.,(,„_/..e. 7---i.„( (.. - (9 - --2--‘ , i,, r g z(--6.- 6g, f i( -4 -,-V OM/Lei' j-4-2-7,,/W O 7 V t. , 7i lifi2 — 11- 0_ z-4( /� 1 L( -7i2-'3-- ../.441 667 6 ` 4 - %o 'Q4- 40 j ~— is - 4— /--...(----10.-A„)) q - / 0 - ark .. --, . - - A - q - I 0 -- , - 4' Ok F I• 0/A--s-'-Z. '2_ 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. L_ Name Date . / —7, e.77/-gig/kJ 7,4-4(/ fit • of., :, / ,- 2114 �,. ,./ ,�YIP ...e d. .s'z y 2_y , 7 A. d -4 _.(i4. 40.4' 4//67/Z I( 4/-4 -, 24. JiAtrigl !e 9/141 /I-6 --o-/ foutiiii j , r zkle---z-cre .. A, 6 : - 9— . -- MY i; 7' // .A 'V..--6 - .0 '51 or hi _ .A 4/e c4/t:2gi/ z1 ' / 79a-=-12_ Li — 6. - z ai 4211.. . • mo / 1.'--Z .� 4 0 46a$ ,. A di:•riXtefro-1---- 1/47.zr , , , - 1 ap- f • .# 6/%2 . O 40. z.i,C 1 -----klet.A. ......., 7 ,4 jk \ - 11 Ai I 0 0 I M yr "Wr: .e:„.1.ii/*_. -.. ---- ,, '--- -- it l/i-- Z- Y i ir i - ,..11A. .A.,ti :_,,„I I- (.--1' -_ It fi( Xri 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. NaT l/j -,v!W Date 74jt, , Z02 ,1" \ t 1 $ ‘ 40 - A-RiN_ 1 1 40.ct G.) 411-bdetr1/4._ 12°al'iVt.e'eak q211 7/ V 1 2- fr/ Arit--a, Yki,AilAs• 17/ - • e9- 2.-Ci --- 4‘;:i......----.. K4-....L.-_ i t ate /J i&(---)/ 6 i/--p r 2- - Afr- - ."--- -;/7(,/rg--k( i 14/q ` ii i r .��. ! A. / 'At _ /P1,P1 ( Amb ..- , 411111111.101 ''. - , ..' / t' '--"°1111111111.1., VII( 420a.11 (` tr Li_k r (aLf ` j // .i�`.4,6 . *It( 74 OW&� - s ' i7 ' 0 !! 19-iQ '-/1/4 Z12- Y CZ E- 09,,,_ 4-///,,// . . 4,,, AL1 _ bfO,Letfix-- /W. (OA , aL it ( L 2-4( - , ' - 4 /Se_ - `6 - e=',D-z-it A -,4. - a 4-71 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. Name Date ii, (6, ,41,41( 171.-- '-- 9 Ze9j4V //o 7 C _cf 1(:01A-t-- /4., 1/ 4 jz pif,..a, , i1/4/--?;.( ditt, C /-71/0/ V ie/ / .c.- .1- /,•// /. - z 774e. zoZ4- „, ,-- -& -,,, i1 "'� _e ms y_ 6- a/ 17 ✓6. c _-(/irg-a_ ct-e, -,• (-k- .//V . - 4, , 0,1211 f ,-,z,/ , /,.//71,/, aa 4/ , • - , omA26 at.,. ill ‘lh( 1,94/ 4 . # V/6/2 Yi //71-- ------ :fit tl) I a6Z /- � 74/x,-tom..-J'Ogg 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. Name Date 1Pim Cs gd iZ- 4- & D_2 -' ,. , e , / J , , oq_o 6—.ROc), Ai 1 /mi/Afte..4 0 i g/ e-/ -6, -2.2) =-( -q:e??; --.e.eot-c.4 -le Li - /43 - .2.02. avt^et412,c, Ze-00--r_ ci / 0 - 2-025' / c . E. I/ /O/z c.)Z f Yt ` , H, ,jL 11//o%a LI , ) , ...2•S.5-14 11 /oZ (%.2 1 _i/ - a_ . )!-. _. .i./A.,4, L. / -// _,9 CieicKiLls 0 fed,c, -e,czi- /1 _ Z .z MARIEF A. l• I ( (I al- �L , I _�//ii 4'/ii/z of ' s w71--"Zi,idet/ /// y ;-/ /� 6,-,/- 2y 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. Name Date giikia& -//(, ,,,_e_ 4-l1- -4 l'iia(7.6,„ i4,_?rdii,24 4-- 11 - D1-- e p..,-V.i u dc..., .&ip&...`"S\ Cr1/4_, ._ el -A. - D,_.(Y --i ativVY ' , . --,........„ zii-- //- 2_02_X int--A-61,er 0./..,-(__R,A,r— z--/-8- 20-w- , a/PL-1 c/t. l //A 7 4, /(i(A/7././L el-- , 4///f/Aa, ci 9 f A ,,, , 1.)--ii-,201/ ado '1 -- ' / -7/--02.,co_21 ,\____ 6- _. ' ct - 2 Li` - if -Ao Alf SAL cl„k-- , - 4 - \ l --boa -ca\A- A ,s • y - 11 - 21_1 6 , , fM4sk / a goo _. t‘ , . /1.f oat,/ • '' -' /0- )Z7s2 a(Y ? - / 2- 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. Name Date 0 ' , ,� ,i/ _ 4(/ 1 if iZ/z1/ Ye_e __-_ _%,...>v, _ LiI1 .5 /2..0 /din 4/At-1" L(/ /-5-7 _„ >/ G ,ur Moo �///S -/-Z4/ 0.1,ALA .di ' ' �-4 (.,-- , �,--1-7 A VL� y ---/ ------ -2 0 a i/' ,._.,, 4 7- / .? A.- - ) 3--- -- 0 a-4- /Q,2 ,-,-, C ,CJS —/..s--- z ./---- _..,. ..,,/,,, ,,,,,( /S ' ZLI ..i.,. (1 '//-/z L-/ _Miss rt_. / - fS 1Z-Li d' / / ' 71Pqr0 ,y4---/zey- e/ /://,r 72 f Ci3axiboLAA_ 1...e.t4-) ek4( 0 ()Lusk , 41 - i 5 - a? 4 1 j 14no ''b ' y- - l& - z cl- 7--6,6 -,' — /6 — 2 - M / 1 ,4/2,,<__ # — Ito -0.2,9' 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. Name Date elfrndiW -`4 Y c / AL lj A C6 -2-‘-f CiPtr-"D, ' I ' .' . --44,V\__ ik' Gi ito _&, , 44//60,/ z/ z/ `,� - !` - go, v/i 7/01 V ...,rippp--,z_______________. 'it/2 9-12 ---- ___ --tet. q/ -7 /29' , , ,,o),t,,e,,e1_,:j j Vizt,e_ q'I ri I vf __, `/ 7 /..2, sbcL.-,a te l LI s 14/ i `7 04 21/,17Je: L7 V/// 77 / .a/Y1_, li - I 1 -Lti 421 "a. i / 7/z- i /'T) '7'//7J 1 10 ` , it/ir0 _f, 4I t . _�. _ J &