Planning Commission Agenda Report

Meeting Date 12/5/19
File: UP 19-22

DATE:

November 20, 2019

TO:

Planning Commission

FROM:

Dexter O'Connell, Associate Planner. (530) 879-6810
dexter.oconnell@chicoca.gov

RE:

Use Permit 19-22 (Wireless Telecommunications Facility at Oleander)
1575 Oleander Avenue. APN 003-041-002

Recommendation:
Staff recommends that the Planning Commission adopt Resolution 19-18 finding that this
project is categorically exempt from further environmental review and approving Use Permit
19-22 (Verizon Wireless at Oleander) based on the findings below and subject to the
recommended conditions of approval.
Background and Analysis
This is a request for a Use Permit to allow a 114.5-foot-tall wireless tower in the form of a
faux water tower to be constructed at 1575 Oleander Avenue, in an Office Residential (OR)
zone district, pursuant to the requirements for a Use Permit outlined in Chico Municipal Code
Sec. 19.78.060.B. The proposal also includes associated site improvements and erection of
a temporary monopole cell phone tower.
The site consists of two parcels, the principal location of major construction is designated
Office Mixed-Use (OMU) on the General Plan Land Use Diagram and located within the
Office Residential (OR) zoning district. That subject parcel, at the southwest corner of
Oleander Avenue and East Sixth Avenue, is about four-tenths of an acre. Some minor
ancillary facilities exist on an adjacent property designated Public Facilities and Services
(PFS) on the General Plan Land Use Diagram and zoned Public and Quasi-Public Facilities
(PQ). The site is in an area that is predominantly residential to the east, north, and south,
(though zoning to the north and south allows a mixture of uses) and predominantly
commercial to the west, where properties front along The Esplanade (see Attachment B,
Location Map, and Attachment D, Plat to Accompany UP 19-22).
The existing site is characterized by an old water tower of 122.3 feet in height whose tank is
over 50 feet in diameter. The tower, long since disused for its original purpose, has been
used as a platform for cellular antennas for some time. The site also has cell phone
equipment shelters. Along with the new permanent tower (which would be of somewhat
lower height and would feature significant additional structural components to brace the false
tank) there are minor ancillary site improvements proposed.
Authorization of the Use Permit would allow the new tower to be constructed. It would also
authorize a temporary tower to be put in place for the duration of construction. While the
demolition of the existing water tower would not be approved by this Use Permit, no public
hearing review is required for that demolition to take place. Condition #10 requires that if the

 Use Permit 19-22 (Wireless Telecommunications Facility at Oleander)
PC Mtg. 12/5/19
Page 2 of 8

temporary tower is constructed, it shall be removed within 30 days of final Planning
inspection for the new permanent tower.
Discussion
While a cell tower is not a permitted use in the OR zone district, pursuant to CMC
19.78.060.B, “in all zones in which a new telecommunications tower is listed as NP (not
permitted), such a facility may nevertheless be permitted by use permit if the planning
commission makes the findings required by section 19.78.100.” As described in the
applicant’s announcement of the neighborhood meeting (Attachment J), the new tower is
necessary because of seismic concerns related to the existing water tower. While the most
recent major earthquake in the Chico area was in 2013 and seismic activity and risk are very
low, particularly on the flat ground outside of the foothills,1 preparedness is important and the
maintenance of cell signals in an emergency is critical to public safety.
The existing Cal Water tank tower currently houses several antennas owned by T Mobile and
Verizon Wireless. Cal Water recently determined that the tank does not meet current
earthquake standards. The proposed new tower would be “co-locatable” for other wireless
carriers to mount antennas and equipment upon, and both existing providers propose to
locate antennas within the proposed new tower’s tank. (see Attachment F, Tank Elevations)
As required by the City’s Wireless Telecommunications Facility (WTF) regulations (CMC
19.78), this application was reviewed by Sherry Miller, the City’s Airport Manager. Airport
Manager Miller reviewed the project and determined “The Airport Manager does not oppose
the proposed project as it will be lower than the current equipment.” Special painting or
lighting for aircraft identification is not required, and is specifically prohibited (pursuant to
CMC 19.78.120.A.2) to minimize visual impacts.
Pursuant to Sec. 19.78.130.A.1 of the Chico Municipal Code, “all use permits for wireless
telecommunications facilities shall be issued for a period of ten years.” Condition #9 has
been added to implement this requirement.
Tower Location and Design
The applicant has sited the proposed tower on the easterly portion of a small site developed
with a large water tower. The proposed new tower would be located approximately 75 feet
northeast of the proposed-for-demolition Cal Water tank tower located in the western half of
the property. A geographical service area map (see Attachment E, Service Area Map)
provided by the applicant indicates that the new tower would cover nearly the same or a
slightly larger service area as the existing water tank tower, which is currently the primary
tower serving this area of the City. This location in conjunction with the proposed height of
approximately 115 feet would provide equal-or-better wireless coverage to this service area.

Wong, Ivan G. “Earthquake Activity in the Sacramento Valley, California and Its Implications to Active
Geologic Structures and Contemporary Tectonic Stresses” In Structural Geology of the Sacramento
Basin: 1992 Pacific Section Annual Convention, 1992. Pages 5-14. Sacramento, CA: Pacific Section
of AAPG
1

 Use Permit 19-22 (Wireless Telecommunications Facility at Oleander)
PC Mtg. 12/5/19
Page 3 of 8

The proposed faux water tank is a design that has been used in a variety of locations,
primarily for installations in the built-up urban areas of small towns. According to a leading
manufacturer of cell tower camouflage systems, the faux water tank tower is both common
and rapidly growing as a concealment method, particularly in the western states.2 This type
of tower will have the visual appearance of a metal water tower similar to those found in
other areas of the City, though substantially dissimilar to the one proposed for demolition on
this property (see Attachment F, Tank Elevations). The proposed antennas reach 110 feet
in height under the water tower cap that extends the total height of the tower to about 115
feet. The existing antennas have a centerline at about 92 feet, while the lower set of the
proposed new antennas (those belonging to T Mobile) will have a centerline at 96 feet (see
Attachment F).
The visual simulations provided by the applicant assist in depicting the proposed tower. Upon
prolonged examination, it is easily discernible that the proposed structure is an artificial tank.
However, the many steps taken by the applicant to propose a tower faithful to the
appearance of similar towers in Chico give it a not-unpleasant appearance. This form and
imagery will assist in the proposed tower fading into the background for the vast majority of
observers (see Attachment G, Visual Simulation).
A deviation from development standards (Attachment I) is proposed to use two colors
instead of one in the design of the proposed faux-tank tower. This is because Cal Water
towers feature metallic silver tanks with legs in a distinctive British Racing Green color, and
neighborhood comment suggests that this would be the most easily-accepted style of faux
tower. Condition #7 addresses the issue of color specifically and requires the proposed tower
to be of the highest aesthetic quality.
A chain-link fence exists at the site and no change is proposed. In the event that changes in
fencing are proposed at the site at some point as part of this project, Condition #3 requires
administrative architectural review of any new fencing and limits the fence height to six-feet
in height in compliance with CMC 19.60.060.
While it does not appear that any trees will be removed as a consequence of this project,
Condition #5 is added to require the applicant to mitigate for any tree removal, pursuant to
Chico Municipal Code Section 16.66. A small number of bushes and shrubs provide
additional screening of ground-mounted equipment (see Attachment D, Plat to Accompany
UP 19-22).
Neighborhood Meeting
A neighborhood meeting for this project was held on July 10, 2019. The applicant solicited
feedback about a variety of factors involved in this application. City staff, representatives of
both cellular companies involved in the project, and representatives of Cal Water were

2

Staff interview of Mark Schmidt of Larson Camouflage on 10/15/2019. Mr. Schmidt stated that the
faux water tower was, after tree styles, the most popular and by far the fastest-growing concealment
style for wireless telecommunications facilities. He specifically stated that California, Colorado, and
Arizona were the most common locations for this style, and discussed the most common locations for
placement of that style of concealment device.

 Use Permit 19-22 (Wireless Telecommunications Facility at Oleander)
PC Mtg. 12/5/19
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present, along with about 10 neighbors. The application was described, and concerns about
viewsheds and the type of housing available in the neighborhood were raised. The applicant
asserts that some of the concerns raised in the meeting have been addressed by alterations
to the application. The meeting lasted about one hour.
Ground Mounted Equipment and Noise
All equipment associated with the project including ground-mounted equipment cabinets,
generators, backup radio batteries and air-conditioning units will be located within a fenced
area. While there are many residences within the vicinity of the tower, the existing equipment
has, to staff’s knowledge, not caused a noise problem in the neighborhood and no relocation
of noise-emitting ground-mounted equipment is proposed as part of this permit.
Nevertheless, compliance with the City of Chico’s noise limits, found in Chapter 9.38 of the
Chico Municipal Code, will be required.
Radio Frequency (RF) Emissions
Exposure to radio frequency (RF) emissions, also known as electromagnetic field (EMF)
emissions, is associated with the operation of Wireless Telecommunications Facilities
(WTFs). RF emissions from WTFs are regulated by the Federal Communications
Commission (FCC), pursuant to the Telecommunications Act of 1996. Existing City
regulations require an analysis by a qualified RF engineer showing that the cumulative
emissions of all proposed facilities comply with FCC standards concerning RF emissions.
Information regarding measuring human exposure to radiofrequency energy can be found in
Attachment H (Radio Frequency Report). The standards established by the FCC are based
on recommendations from the Environmental Protection Agency; Food and Drug
Administration; Occupational Health and Safety Act of 1970; and the National Institute for
Occupational Safety and Health. They are set at a level many times lower than that which
may pose a health risk.
In this case, the required radio frequency emissions compliance report prepared by Hammett
& Edison Consulting Engineers (see Attachment H, Radio Frequency Report) shows that for
accessible areas at ground level, the maximum cumulative radio frequency exposure levels
resulting from all permanent operations is significantly less than the FCC General Population
limits (3.5% of the cumulative level of exposure limits as described in Attachment H). The
project complies with the standards. Condition 4 has been included to require FCC licensees
operating this tower to comply with all FCC regulations related to staff training and alert
signage.
If the proposed use permit is approved, the tower would comply with all City standards for
new towers (see Attachment I, Development Standards). The primary purpose of the project
is to provide a seismically-sound tower for wireless carriers to co-locate their antennas. No
new service would be provided as a result of the new tower, though the slightly-higher
location of the antennas might create a marginal improvement in service at certain points. As
such, it is not legally necessary to approve this project to comply with the requirements of
Federal law, but the proposed demolition of the existing Cal Water tank structure does mean
that denying this Use Permit might create a situation where the City was in violation of the
Telecommunications Act. The project will result in continued and uninterrupted signal

 Use Permit 19-22 (Wireless Telecommunications Facility at Oleander)
PC Mtg. 12/5/19
Page 5 of 8

coverage in this area of Chico if the Cal Water tank tower is demolished.
Environmental Review
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15302 (Replacement or Reconstruction) as a replacement or
reconstruction of an existing structure. The new structure will be located on the same site as
the structure replaced and will have substantially the same purpose and capacity as the
structure to be replaced.
Findings
Following a public hearing, the Planning Commission may approve a Use Permit application,
with or without conditions, only if all of the following findings can be made:

Use Permit Findings
A.

The proposed use is allowed within the subject zoning district and complies with all of
the applicable provisions of Chapter 19.24 (Use Permits).
The Planning Commission may approve a Use Permit for the proposed Wireless
Telecommunications Facility to be located in this zoning district. The Chico Municipal
Code specifies that “in all zones in which a new telecommunications tower is listed as
NP (not permitted), such a facility may nevertheless be permitted by use permit if the
planning commission makes the findings required by section 19.78.100.” Those
findings can be made, and are discussed below. Therefore, the proposed use is
allowed within the zoning district with approval of a use permit and complies with all
applicable provisions of the Chico Municipal Code.

B.

The proposed use would not be detrimental to the health, safety, and general welfare of
persons residing or working in the neighborhood of the proposed use.
In this case, the required radio frequency emissions compliance report prepared by
Hammett & Edison Consulting Engineers (see Attachment H, Radio Frequency
Report) shows that for accessible areas at ground level, the maximum cumulative radio
frequency exposure levels resulting from all permanent operations would be
significantly less than the FCC General Population limits (3.5% of the cumulative level
of exposure limits as described in Attachment H). The project will not result in any
significant noise impacts. While the proposed tower is a slight downgrade in historic
and aesthetic quality from the existing one, it represents an improvement to the
physical safety of the area due to its seismic stability. No other impacts have been
identified that would be detrimental to any person residing or working in the area.

C.

The proposed use would not be detrimental and/or injurious to property and
improvements in the neighborhood of the proposed use, as well as the general welfare
of the City.

 Use Permit 19-22 (Wireless Telecommunications Facility at Oleander)
PC Mtg. 12/5/19
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The project will comply with all applicable building and improvement regulations and
standards. The unstaffed facility would not generate vehicle traffic other than during
installation and periodic maintenance. Access to the site is provided by an existing
driveway located on Oleander Street which would be improved as part of this project.
The project will not cause any damage or otherwise be injurious to property or
improvements in the neighborhood, and will not be detrimental to the general welfare of
the City.
D.

The proposed entitlement is consistent with the General Plan, any applicable specific
plan, and any applicable neighborhood or area plan.
The proposal is consistent with General Plan Goals and Policies including ED-1.2.2
supporting adequate infrastructure, ED-1.6 promoting excellent wireless
telecommunication services, and S-5.5 supporting the deterrence of crime through
site planning and community design.

E.

The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity.
The proposed design complies with CMC Section 19.78, which governs wireless
telecommunications facilities. As required by CMC 19.78, the tower is available for
other wireless carriers to co-locate their equipment upon, (and a colocation is actually
proposed as part of this application) minimizing the overall number of towers in the
area. With its faux water tower design, the project will be evocative of existing uses on
the site while not making a stark change to what likely future users would expect from
the site.

Additional Findings Required by Chico Municipal Code Sections 19.78.060.B and 19.78.100
F.

The facility to be permitted will not generate EMF/RF radiation in excess of the FCC
adopted standards for human exposure.
The required radio frequency emissions compliance report prepared by Hammett &
Edison Consulting Engineers (see Attachment H, Radio Frequency Report) shows that
for accessible areas at ground level, the maximum cumulative radio frequency
exposure levels resulting from all permanent operations would be significantly less than
the FCC General Population limits (3.5% of the cumulative level of exposure limits as
described in Attachment H). The project complies with the FCC standards.

G.

If the height of the facility exceeds the standards set forth in Section 19.78.120, that the
facility has been designed to minimize its height and other visual effects.
CMC 19.78.120 states “if the telecommunications tower is more than 100 feet in height,
it must be designed at the minimum height functionally required.” While the tower is
designed to be approximately 114.5 feet tall, that height is based on community
requests for a faux water tank evocative of the shape and style of similar water tanks in
the Chico area. The antennas themselves are mounted with centerlines of about 96
and about 106 feet, meaning that the functional height must be over 100 feet in any

 Use Permit 19-22 (Wireless Telecommunications Facility at Oleander)
PC Mtg. 12/5/19
Page 7 of 8

case, but the additional height creates an improved aesthetic appearance and is based
on community concern related to minimizing visual effects.
H.

The facility does not encroach into navigable airspace as defined by Part 77 of Title 14
of the Code of Federal Regulations.
Per City of Chico Airport Manager Sherry Miller, “The Airport Manager does not oppose
the proposed project as it will be lower than the current equipment.” The proposed
tower does not encroach into navigable airspace.

I.

For a wireless telecommunications facility which will be located in any zoning district in
which such a facility is generally not permitted:
a. The applicant has demonstrated, based on technical necessity, that the facility must
be located within one of those zoning districts in order to provide the service; and
The applicant’s technical analysis strongly indicates that moving the location of the
tower to a property other than the proposed site would result in a decrease in
quality of cellular service. Therefore, it appears that it must be located in this zone
district in order to provide the same level of wireless telecommunications service.
b. The denial of a use permit to allow a facility in one of those zoning districts would
constitute a prohibition of the affected wireless telecommunications services in
violation of federal law; and
Requiring the wireless telecommunications services to be provided at a different
location could potentially be construed as a prohibition of adequate wireless
telecommunications service to those who received a lower level of service due to
the location change, thus potentially constituting a violation of federal law.
c. If the facility is proposed to be located in a residentially-zoned district, the applicant
has demonstrated, based on technical requirements, that the service cannot be
provided by locating the facility in a non-residential zone.
The operable development standards for the Office Residential (OR) zone district
focus primarily on office and commercial development, while residential
development is permitted with the approval of a Use Permit. Therefore, the OR
zone district is primarily a non-residential zone district.
Furthermore, the proposed tower would replace existing wireless facilities on this
parcel and in this same zone district.

J.

A finding of technical necessity to locate in a particular zoning district shall only be
made if the planning commission finds that, based on the operational capabilities of the
type of equipment used to provide the service, it is not possible to provide substantially
the same additional services by locating one or more facilities in alternative locations
outside of that district.

 Use Permit 19-22 (Wireless Telecommunications Facility at Oleander)
PC Mtg. 12/5/19
Page 8 of 8

Due to the unique circumstances of the location of the existing water tower-based cell
antenna site, and the way that the network of surrounding cell towers provide coverage
in a complimentary and overlapping way, it is likely not possible to provide substantially
the same services as currently exist at a different location. Additionally, other
restrictions might be applicable at another location. It is unlikely that substantially the
same services could be provided by locating one or more facilities in alternative
locations.
PUBLIC CONTACT
A 10-day public hearing notice was mailed to all landowners and residents within 1000 feet of
the site, and a legal notice was published in the Chico Enterprise Record.
Distribution:
PC Distribution
PP Bruce Ambo
SP M. Sawley
AP Dexter O’Connell
File: Use Permit 19-22
External
File UP 19-22
Verizon Wireless, c/o Peter Hilliard. 465 First St. West, Suite 101, Sonoma, CA 95476.
philliard@onairllc.com
California Water Service Company, c/o David Kehn. 2222 Dr. Martin Luther King, Jr.
Parkway, Chico, CA 95928
Rhys Pritchett. Pritchett94@gmail.com
Antoinette E. Zanella. Tzanella1@gmail.com
Erin Feulner. efeulner@youth4change.org
Becky Whitely. Scrapper0078@hotmail.com
Carl Nelson. Neon18csn@gmail.com
Attachments:
A.

Resolution No. 19-18
Exhibit I - Conditions of Approval
B. Location Map
C. Aerial Photo
D. Plat to Accompany Use Permit 19-22
E. Service Area Map
F. Tank Elevations
G. Visual Simulations
H. Radio Frequency Report
I. Excerpt of CMC 19.78.120.A., Development Standards for New Telecommunications
Towers
J. Neighborhood Meeting Notice
K. Airport Manager’s Findings