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HomeMy WebLinkAboutResolution 57-26RESOLUTION OF A CATEGORICAL EXEMPTION DETERMINATION UNDER CEQA AND APPROVING A CONDITIONAL USE PERMIT RENEWAL FOR AN EXISTING WIRELESS COMMUNICATIONS FACILITY AT 26140 DUVAL WAY AND IMPOSING CERTAIN CONDITIONSAPPROVAL WHEREAS, on January 15, 1997, the City Council approved Conditional Use Permit #224-95-ZP-SD- CUP-ND for a new wireless communications facility at 26140 Duval way; and WHEREAS, on April 18, 2025, The Town of Los Altos Dills received an application for a Conditional Use Permit renewal (CUP24-0004) from the wireless provider, T -Mobile, for an existing wireless communications facility at 26140 Duval Way ("Project"); and WHEREAS, based on the record presented before it, the project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) as the project scope is a renewal of an existing wireless facility with no changes to the facility; and WHEREAS, the project application was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Hills Municipal Code; and WHEREAS, on .April 13, 2026, the Planning Commission held a duly noticed public hearing on the Project, considered all oral and written testimony, evidence, and public comments presented regarding the Project, and unanimously adopted a recommendation that the City Council approve the Project; and NOW, THEREFORE, based on the entirety of the record before it, the City Council of the Town of Los Altos Hills hereby Ends that the Project is exempt from CEQA. pursuant to CEQA. Guidelines Section 15 3 01(b) and approves the Conditional Use Permit renewal subject to the conditions contained In Exhibit "A." and incorporated herein by reference. ---The above -and -foregoing-resolution--was-passed-and adopted by -the City Council -cif the Town of Los .Altos Hills at a regular meeting held on the 18th day of June 2026 by the following vote: t •` AB S ENT : NONE Sol r BY: ATTEST: Rajiv Bhateja, Mayor Arika Birdsong -Miller, City Clerk RESOLUTION 57-26 11 P a �� e EXHIBIT A CONDITIONS OF APPROVAL T -Mobile — 26140 Duval Way — File# CUP24-0004 PLANNING: 1. Any changes or revisions to the telecommunications facility or its use shall require an amendment to the applicable conditional use permit(s). Additionally, the Planning Dir-eete Community Development 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 met or the facility being used inconsistently with the approved use or in violation of Town development codes. 2. In accordance with the Town's Wireless Communications Policy, the applicant shall permit the collocation of other carrier's wireless communications equipment at this facility. 3. The permit shall expire three (3) ten (10) years from the date of approval. Renewal of the permit must be requested in writing, with appropriate fees, prior to the expiration date. 4. The equipment cabinet shall be painted a color, to be determined by the Planning Department, to blend with the surround environment, prior to final inspection of the facility. 5. Landscape screening of the equipment may be required by the Planning Department upon final inspection, if determined to be necessary. 6. The applicant shall submit a signed agreement to the Town, agreeing 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. The agreement shall be drafted 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. 7. , an on or- pr-ieF to januat:y ist of eaek yeaf thereafter-, testing of radio 4equen I . . , shall be een"eted by qualified pr-afessionals and the r-epoAs of sueh testing shall be pr-avided in writing to the Pla+ming Depa-r-tmei#, with a eampa-r-isen to appheable Feder -a! emission standards. The facility shall comply with the Radio Frequency Site Compliance Report submitted with the renewal application. At staff's discretion, and not more than once a year, the Town may_request that the site operator retain the services of qualified professionals to conduct testing of the radio frequency electromagnetic field emissions and provide a report of such testing in writing to the Community Development Department. The report shall compare the results of the testing to the 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: 8. Any, and all, changes to the approved site plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 1 to Apri130)except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. Exhibit A for RESOLUTION 57-26 2 1 P a y- e 9. 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. Please refer to the Conditions of Project Approval set forth herein. If you believe that these conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all requirements of Section 66020, you will be legally barred from later challenging such exactions. Exhibit A for RESOLUTION 57-26 3 1 P a g e