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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ASSISTANT CITY MANAGER
DATE: APRIL 6, 2004
SUBJECT: AUTHORIZATION FOR CINGULAR WIRELESS TO FILE A CONDITIONAL USE PERMIT APPLICATION FOR A TELECOMMUNICATIONS FACILITY AT RYAN PARK
Authorize the City Manager to sign a Conditional Use Permit application on behalf of the City for a telecommunications facility proposed by Cingular Wireless at Robert E. Ryan Park, thereby allowing the application to proceed through the required permit review process.
From time to time, the City receives requests from private telecommunications companies to place their facilities and equipment on City property. The most familiar example is the monopole structure that was erected at City Hall in 1989 by L.A. Cellular and is currently operated by Spectrasite. Although the City has a separate policy for facilities placed in the public-right-of-way, the Municipal Code requires a Conditional Use Permit (CUP) for installations on all other types of property, including those placed on property owned by the City. One of the requirements for filing a complete CUP application is the landowner’s signature on the application. With these two requests, the property owner is the City. Therefore, staff is seeking authorization from the City Council to allow these two applications to proceed through the normal CUP application and public hearing process.
AFL Telecommunications (representing Cingular Wireless) is seeking approval to install a new wireless telecommunications facility at Ryan Park (see attached letter). The proposed facility would replace an existing light standard pole in the parking lot with a new one that would contain a cylinder above the light fixture enclosing the antennas on the inside. An equipment cabinet would be installed at ground level adjacent to the new light pole.
In order to proceed through the required Conditional Use Permit application process, the City Council must first agree to sign the application form as the landowner. The application will then be subject to a noticed public hearing before the Planning Commission, with the possibility of appeal to the City Council. Notice of the public hearing would be mailed to all property owners within a 500 foot radius of the exterior boundary of the Ryan Park. If the City ultimately approves the Conditional Use Permit, staff would then return to the Council with the necessary lease agreements.
Allowing the applicant to go through the permit process does not obligate the City in any way to approve either project. However, if the City Council is opposed to allowing this type of equipment to be placed on City property, the Council can deny the requested authorization to proceed. This action would prevent the applications from being filed with the City. The applicants would then have to seek other sites in the City, most likely on private property, to accommodate their equipment.
There is no fiscal impact associated with allowing the Conditional Use Permit applications to be filed and processed. However, if the application is eventually approved, the City will then negotiate lease agreements with Cingular Wireless. The lease payments will result in new General Fund revenue to the City; however, the amount of the payments will be negotiated only after a final decision has been made on the CUP application.
Assistant City Manager