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HomeMy WebLinkAboutItem 3.20-.a TOWN OF LOS ALTOS HILLS March 1, 2007 Staff Report to the Planning Commission SUBJECT: CONDITIONAL USE PERMIT RENEWAL FOR AN EXISTING/ PREVIOUSLY APPROVED WIRELESS COMMUNICATIONS FACILITY (FILE# 122-01-ZP-SD-CUP-ND). THE FACILITY CONSISTS OF GROUND CABINETS AND THREE PANEL ANTENNAS MOUNTED INSIDE A 35' TALL FLAGPOLE. NO CHANGE IS BEING PROPOSED TO THE EXISTING BUILDINGS, STRUCTURES OR USE OF THE FACILITIES; ST. LUKE'S CHAPEI/SPRINT WIRELESS; 26140 DUVAL WAY; FILE# 27 -07 - CUP RENEWAL. FROM: Brian Froelich, AICP, Associate Planner APPROVED: Debbie Pedro, AICP, Planning Director RECOMMENDATION: That the Planning Commission: Forward a recommendation to the City Council that the Conditional Use Pertnit be extended for an additional five (5) years, subject to continued compliance with the existing Conditions of Approval. BACKGROUND: On September 6, 2001 the City Council approved Conditional Use Permit #122-01-ZP- SD-CUP-ND to allow the construction of a Sprint PCS wireless communications facility at the St. Luke's Chapel church. The installation consists of three panel antennas mounted inside a 35 foot tall flag pole and ground cabinets. Conditions of Approval (Attachment #1) state that the Conditional Use Permit is valid for five (5) years and must be subsequently renewed. The applicant has submitted this request for use permit renewal with no change proposed to the existing facility (Attachment #2). DISCUSSION: The facility is operating consistent with the Town's Wireless Communications Facilities Policy (Attachment #3). The site is non-residential and visual impacts have been mitigated by the location of the antenna within the flagpole. The applicant has provided a current Electromagnetic Energy Survey (Attachment #4). The Electromagnetic 7.7,FM Planning Commission 26140 Duval Way Sprint CUP Renewal March 1, 2007 Page 2 of 2 Survey concludes that the facility is operating at less than the Maximum Permissible Exposure (MPE) per current FCC limits. The Wireless Communications Facilities Policy requires that the wireless carrier's 3-5 year Master Plan be included with all applications (Attachment #5). The 3-5 year Master Plan shows existing facilities and coverage in the Los Altos liills/Los Altos area. According to the Sprint representative, the company has no plans to pursue acquisition of new sites in Los Altos Bills at this time. '0308740b9Cole] The facility is operating in compliance with the approved Conditional Use Permit, Conditions of Approval, and the Wireless Communications Policy. Extension of the Use Permit will allow continued operation of the facility for an additional five (5) years at which time subsequent Planning Commission/City Council review will be required. ATTACHMENTS: 1. Original Conditions of Approval (September 6, 2001) 2. Applicant's Statement requesting permit renewal 3. Los Altos HillsWireless Communications Policy 4. Electromagnetic Energy Survey prepared by Crown Castle International dated January 25, 2007 5. Sprint 3-5 Year Antenna Master Plan for Los Altos Hills 6. Project Plans Approved by the City Council (September 6, 2001) cc: Stacey Mathis Global Signal 301 N. Cattlemen Road #300 Sarasota, FL 34232 Episcopal Laymen's Group of Los Altos 26140 Duval Way Los Altos Hills, CA 94022 ATTACHMENT CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT (Renewal) SPRINT TELECOMMUNICATIONS FACILITY 26140 DUVAL WAY (LANDS OF EPISCOPAL LAYMEN'S GROUP OF LOS ALTOS) File #122-01-ZP-SD-CUP-ND PLANNING: 1. Any changes or revisions to the telecommunications facility or its use shall require an amendment to the conditional use permit. Additionally, the Planning Director may, at any time, schedule a review or revocation hearing before the Planning Commission regarding the use permit, if any condition of approval is not being met or the facility is being used inconsistently with the approved use or in violation of Town development codes. 2. The use permit shall expire five (5) years from the date of approval (until March 22, 2012). Renewal of the permit must be requested in writing, with appropriate fees, prior to the expiration date. Use Permit renewal review shall be simultaneous with all other wireless carriers onsite. 3. The flagpole shall be painted to blend to the satisfaction of the Planning Director, prior to final inspection of the facility. The equipment units/shelters shall be painted a color, to be determined by the Planning Department, to blend with the surrounding environment, prior to final inspection of the facility. The Planning Director shall consult with the Planning Commission regarding the color selection prior to final inspection of the facility. 4. Details regarding the proposed landscape screening of the equipment structures shall be subject to Planning Director review and approval prior to issuance of a building permit, and shall be planted prior to final inspection. 5. The applicant shall submit a signed agreement to the Town that should the use be discontinued by the carrier, al] facilities will be removed and the easement abandoned not later than ninety (90) days after discontinuance of the use or abandonment. The agreement shall be approved by the City Attorney, and must be signed by the applicant and submitted to the Town prior to acceptance of plans for building plan check. 6. Not later than thirty (30) days after installation of the antenna facility, and on or prior to January 1" of each year thereafter, testing of radio frequency emissions shall be conducted by qualified professionals and the reports of such testing shall be provided in writing to the Planning Department, with a comparison of applicable Federal emission standards. If at any time the emission levels are shown not to comply with Federal standards, the use permit shall be scheduled for a revocation hearing before the Planning Commission. ENGINEERING: 7. Any, and all, changes to the grading and drainage plan shall first be approved by the Town Engineering Department. 8. Any, and all, areas on the project site that have the native material disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection. ATTACHMENT z January 31, 2007 Brian Foelich Assistant Planner 26379 Fremont Road Los Altos Hills, CA 94022 RE: Conditional Use Renewal —122-01-ZP-SD-ND-CUP Dear Brian: Enclosed please find my completed application for the Conditional Use Permit Renewal for our tower located at 26410 Duval Way. My company requests renewal of this site for the maximum extent possible. I look forward to hearing from you concerning this renewal process this Zoning Manager ATTAtT .3 TOWN OF LOS ALTOS HILLS Policy Re: Wireless Communications Facilities Code Sections Section 10-1.703(h)(2) of the Zoning Ordinance allows service uses, including "communications facilities", to be permitted in the Town if a Conditional Use Permit is granted by the Planning Commission and City Council. Section 10-1.1107(1) of the Code outlines findings which must be made to approve a use permit, including the proper location of the use or facility relative to others in the vicinity, the adequacy of the site to accommodate the use, and that the facility or use will not have an adverse effect on adjacent properties. Intent: The purpose of this policy is to outline the desired criteria for siting of wireless communications facilities, generally including monopoles, related antennas, and equipment shelters. As the Town's land use is virtually entirely residential, wireless communication facilities will be most appropriately located on public or institutional sites existing within the Town. Collocation, location on or near existing buildings, and landscape screening will be desired to minimize the visual impacts of the facilities on neighbors and the public. Policies: 1. Priorities for Siting. Wireless communication facilities shall generally be located on properties with priority as follows: a) Town -owned properties; b) Foothill College; c) water tanks; d) other public or quasi -public facilities, such as schools or churches; and e) residential properties of at least ten (10) acres. Siting on Residential Parcels. Wireless communication facilities may be pem'dtted on properties used for residential purposes or vacant parcels intended for residential use if the residential property owner provides written consent and significant visual impacts are mitigated. Collocation. Collocation of wireless communication facilities with other facilities is encouraged to the maximum extent feasible, as long as the collocation is technologically compatible and does not substantially increase visual impacts. The Town will generally require as a condition of approval for any conditional use permit that the applicant permit collocation of other facilities, subject to technological constraints and Town review. Policy Re: Wireless Communications Facilities ....:.. page 2 3a. Applications for collocation on an existing wireless communications facility shall be subject to an administrative review provided that the following requirement is met: The collocated antennas and ground equipment shall be mounted or installed within an eidsting tower, building, or structure where the physical appearance of the existing facility is not altered to accommodate the additional antennas and equipment 4. Landscape Screening and Color. Landscape screening shall be required by the Town to minimize the visual impacts of wireless communication facilities. Poles, antennas, and equipment buildings should be painted to blend with the surrounding environment and/or buildings to further minimize visual impacts. 5. Environmental Review. A Negative Declaration will typically be prepared for review of proposed wireless communication facilities, with special attention to the visual impacts of the facilities. Categorical exemptions may be used where facilities are collocated with or would be minimal additions to existing structures, with negligible additional visual impact. 6. Antenna Master Plans. Any applicant for a wireless communication facility site shall submit applications, to the best of their knowledge, for all sites anticipated to be required by the carrier for a three (3) to five (5) year period, and the requests shall be reviewed by the Planning Commission and City Council as a master plan application. 7. Term of Permits and Abandom-nent of Sites. Conditional use permits for wireless communication facilities shall be established for periods not to exceed five (5) years, at which time renewal of the permit must be requested by the applicant. More frequent review of the operation of the permit may be made a condition of approval. Approval will also require a written agreement from the applicant that, should the use be discontinued by the carrier, all facilities will be removed not later than ninety (90) days after discontinuance of the use or abandonment. Such a provision shall also be included in any lease with the Town for use of Town lands for wireless communications facilities. The Town may require bonding or other surety to assure the removal of such facilities. 8. Wireless communication firms shall, at the time of application for permits, demonstrate efforts which have been made to inform neighboring residents of the proposed facilities, such as conducting meetings, or mailing fact sheets and/or letters, etc. to neighbors. 9. The Planning Director is authorized to reduce or waive permit fees for any wireless communications facility that is proven to expand wireless coverage in the Town and is structurally capable of co -location. Policy Re: Wireless Communications Facilities page 3 10. The Planning Director is authorized to administratively approve portable wireless communications facilities also known as cell on wheels or COWS on certain properties as specified in Policy #1 on a temporary basis. Approved by City Council: August 21, 1996 Amended September 15, 2005 Amended October 12, 2006 ATTACHMENT 4 lATfBtwAi1PE<b_ ELECTROMAGNETIC ENERGY SURVEY Site Number: 3021889 Saint Luke's Chapel 26410 Duval Way Los Altos Hills, CA. 94022 Prepared by: Ed Soentgen 1/25/07 Confidential and Proprietary This report is the property of Crown Castle Unauthorized use, distribution or disclosure of its contents is prohibited. Copyright 2001 Crown Castle Engineering Department 301 North Cattlemen Road, Suite 300 Sarasota, FL 34232 The National Environmental Policy Act of 1969 (NEPA) requires federal agencies to determine if their actions have any adverse impact on the environment or the quality of the human condition In Compliance with this law, the Federal Communications Commission (FCC) must determine if the granting of a transmitter license constitutes an environmental impact. As part of its normal licensing procedures, the FCC mandates that applicants provide an Environmental Impact Assessment Statement under certain proscribed conditions. As a matter of practicality, nearly all tower and rooftop antenna sites comply with federal regulations and other industry Standards which specify the permissible electromagnetic energy levels. With few exceptions, restricting access to the general public or the posting of notice or caution signs will typically meet this requirement at larger installations, and these methods can generally be incorporated with any standard operating procedures without much difficulty. Crown Castle has prepared this report on behalf of those individuals and companies utilizing the facility. As site owner or manager, Crown Castle is in a unique position to assist those applicants who must each, individually, certify that the site is compliant under the FCC limits for Maximum Permissible Exposure (NTE) levels, or that proper safety procedures are in place to prevent exposure of personnel to unsafe levels. Site Time: Saint Luke's Chapel Site Number: 3021889 Address: 26410 Duval Way County/Parish: Santa Clara Stat&Trovince CA 94022 Country USA Latitude: 37-21-56.05 North Longitude: 122-8-7.05 West Datum: NAD -83 Site Category. Tower, Crown Casde Owned This report has been compiled by Crown Castle and is based on the most current information available. This report includes Sprint to the tower at the 32 foot level. Because site conditions can change, all personnel accessing this site should be trained in recognizing and avoiding hazardous conditions. A fall copy of Crown Castle's safety policy may be viewed at www. gsignal. com, under the Customer Services section, Q & A By Department, Engineering Q & A. Any questions about this report or RF safety issues should be directed to Crown Castle's RF Engineering department at (941) 308-5208. This report is based on: Calculations / Computer Modeling This site: Meets WE levels for general public exposures. Access to the site is: Controlled - No public access. Proper notice or caution siga(s) is posted Yes If the site exceeds the WE levels for controlled exposure, what measures have been taken to prevent over-exposure? No over-exposure condition exists. This report is certified by: Signature _0000106487 License/Certification Calculated Data This report has been prepared using the following program TowerCalc Ver. 3.2 The source data for this report has been obtained through: Client interviews / Site Leases W a s Composite, Spatially Averaged % MPE Values as a Function of Height on the Tower Foot posalon relatNe to bottom of tow" )feet) Limits for Maximum Permissible Exposure (MPE) Table I Title 47 CFR (A) Limits for Occupational/Controlled Exposure Frequency Electric Field Magnetic FieldPower Density Averaging Time Range Strength (E) Strength (H) (S) /E/2, /H/2, or S (MHz) (V/m) (A/m) (mW/ctn') (minutes) 0.3-3.0 614 1.63 (100)* 6 3-30 1842/f 4.89/f (900/f2)* 6 30-300 61.4 0.163 1.0 6 300-1500 - - f/300 6 1500-100,000 - - 5 6 (B) Limits for General Population/Uncontrolled Exposure Frequency Electric Field Magnetic FieldPower Density Averaging Time Range Strength (E) Strength (H) (S) /E/2, /11/2, or S (MHz) (V/m) (A/m) (111W/cm2) (minutes) 0.3-1.34 614 1.63 (100)* 30 3-30 824/f 2.19/f (1801f2)* 30 30-300 27.5 0.073 0.2 30 300-1500 - - f/1500 30 1500-100,000 - - 1.0 30 f = frequency in MHz * Plane wave equivalent power density Nora 1: Covholledbxupa of up ufi.1 1. simafinva iv . xu6s,cus of wn asa usp..viceofdxir employrrcvtpmridM Pooxpvxm irefully awus oswhus mtidfvrexposvxaMenvexcrzixcontiul whirrs chexpoame. 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