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HomeMy WebLinkAbout3.2Item 3.2 TOWN OF LOS ALTOS HILLS Staff Report to the Planning Commission February 3, 2011 SUBJECT: CONDITIONAL USE PERMIT RENEWAL FOR AN EXISTING WIRELESS COMMUNICATIONS FACILITY CONSISTING OF A 24'6" MONOPOLE AND A GROUND, EQUIPMENT CABINET. LANDS OF SARRAF (APPLICANT: T -MOBILE); 11997 HILLTOP DRIVE; FILE # 43 -10 -CUP FROM: Nicole Horvitz, Assistant Planner%� APPROVED BY: Debbie Pedro, AICP, Planning Director RECOMMENDATION: That the Planning Commission: Forward a recommendation to the City Council that the Conditional Use Permit be extended for ten (10) years, subject to the amended Conditions of Approval in Attachment 1. BACKGROUND On April 16, 1997, the City Council approved the construction of a Pacific Bell Mobile wireless communications facility (now T -Mobile) on the residential properly. The use permit was subsequently renewed on January 16, 2003. DISCUSSION The 1.75 acre residential property is located on the south side of Hilltop Drive, abutting the 280 freeway. There is an approximately 4,400 square foot single family residence on the property. The existing wireless facility is located at the southeast corner of the property and consists of a 24'6" tall monopole with flush mounted antennas. In addition, T -Mobile maintains a 6'x4' wide concrete equipment cabinet pad adjacent to the monopole. The monopole and equipment area are located outside of the property line setbacks and are well screened by the existing vegetation on the property. The applicant is not requesting. any modification to the site except to replace the existing 12" diameter radome (antenna sleeve) with a 14" diameter radome. Pursuant to Government Code Section 65964 (b), the duration of time for any permit renewal for a wireless telecommunications facility should be a minimum of 10 years. Staff has amended condition of approval # 3 in Attachment 1 to comply with State Law. CONCLUSION The facility is operating in compliance with conditions of the approved Conditional Use Permit and the Wireless Communications Facilities Policy. The applicant has submitted a report z Staff Report to the Planning Commission Lands of Sarraf February 3, 2011 Page 2 of 4 demonstrating that the proposed facility will operate within federal RF emissions standards and guidelines (Attachment 3). Extension of the Use Permit will allow continued operation of the facility for an additional ten (10) years at which time subsequent Planning Commission/City Council review will be required. CEQA STATUS The proposed application is . exempt' from California Environmental Quality Act (CEQA) pursuant to Section 15301 (a) of the CEQA Guidelines. ATTACHMENTS 1. Original Conditions of Approval with amended conditions #l, 3, and 4 2. Applicant's statement requesting permit renewal dated March 22, 2010 3. Radio frequency emissions report by Hammett & Edison, Inc. dated March 17, 2010 4. Photo Simulations 5. Wireless Communications Facilities Policy 6. Site Development Plans ATTACHMENT 1 CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LANDS OF SARRAF (APPLICANT: T -MOBILE); 11997 HILLTOP DRIVE PLANNING DEPARTMENT: Mr M7.7 WN 1111.1 1 11W S i IN M!WM 2. 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 Director may 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 inconsistent with the approved use or in violation of Town development codes. 3. The use 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 monopole, radome, and equipment cabinet shall be painted to blend with the surrounding vegetation, to the satisfaction of the Planning Director, prior to final inspection of the facility. 5. Landscape screening of the monopole and equipment cabinet shall be installed prior to final inspection, and additional plantings may be required by the Planning Director, if determined to be necessary at that time. 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 then 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. Not later then 30 days after installation and initial operation of the antenna facility, and on or prior to January 1" of each year thereafter, testing of radio frequency emissions shall be conduced by qualified professionals and the reports of such testing shall be provided in writing to the Planning Department, with comparison of applicable Federal emissions 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 DEPARTMENT: 8. Any, and all, changes to the proposed Site Plan shall first be approved by the Town Engineering Department. 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. Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments two weeks prior to final building inspection approval. Attachment 2 'T 0 M J )- cam,) Engineering nd 4 Opp" r ' i 0 i"I s March 22, 2010 Town of Los Altos Hills Planning Division 26379 Fremont Road Los Altos Hills, CA 94022 Re: Renewal of Conditional Use Permit T -Mobile Site SF04626 11997 Hilltop Drive, APN: 336-42-023 T -Mobile West Corporation respectfully requests renewal of the Conditional Use Permit for the subject T -Mobile facility for a term of 10 years. T -Mobile continues to operate the facility in compliance with all applicable codes and standards. The antennas in use at this facility are the smallest available with current technology that are able to satisfy the required coverage objective. T -Mobile appreciates the Town's consideration of this request, and looks foxward to continuing to provide wireless service to this area of Los Altos Hills. Very truly yours, Martin Vernon Area Director, Northern California T -Mobile West Corporation 1855 Gateway Boulevard, 9h Floor Concord, CA 94520 RE Attachment 3 T -Mobile West Corp. • Base Station filo. SF04626 A. 11997 Hilltop Drive • Los Altos Hills, California TOWN OF LOS ALTOS HELLS Statement of Hammett & Edison, Inc., Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained by T -Mobile .West Corp., a wireless telecommunications carrier, to evaluate its existing base station (Site No. SF04626) located at 11997 Hilltop Drive in Los Altos Hills, California, for compliance with appropriate guidelines limiting human exposure to radio frequency ("RF") electromagnetic fields. Prevailing Exposure Standards The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its actions for possible significant impact on the environment. In Docket 93-62, effective October 15, 1997, the FCC adopted the human exposure limits for field strength and power density recommended in Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent standard, developed by the Institute of Electrical and Electronics Engineers and approved as American National Standard ANSMEEE C95.1-2006, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes similar exposure limits. A summary of the FCC's exposure limits is shown in Figure 1. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive FCC limit for exposures of unlimited duration to radio frequency energy for several personal wireless services are as follows: Personal Wireless Service Approx. Frequency Occupational Limit Public Limit Broadband Radio ("BRS") 2,600 MHz 5.00 znW/cm2 1.00 mW/cm2 Advanced Wireless ("AWS") 2,100 5.00 1.00 Personal Communication ("PCS") 1,950 5.00 1.00 Cellular Telephone 870 2.90 0.58 Specialized Mobile Radio ("SMR") 855 2.85 0.57 Long Term Evolution ("LTE") 700. 2.33 0.47 [most restrictive frequency range] 30-300 1.00 0.20 General Facility Requirements Antennas for base station use are designed to concentrate their energy toward the horizon, with very little energy wasted toward the sky or the ground. Along with the low power of such facilities, this means that it is generally not possible for exposure conditions to approach the FCC limits without being physically very near the antennas. HAMMETT & EDISON, INC. "C"Nsi ?_rj.X _:!:N,;,N;_.:?;t TM04626A596M NN, Page 1 of 2 T -Mobile West Corp. • Base Station No. SF04626 11997 Hilltop Drive ® Los Altos Hills, California Site and Facility Description The site was visited by Mr. Robert H. Taylor, a qualified field technician employed by Hammett & Edison, Inc., during normal business hours on March 10, 2010. T -Mobile had installed two directional panel antennas at the top of a tall pole located on the hill behind the residence at 11997 Hilltop Drive in Los Altos Hills. Access to the antennas was restricted by their mounting location. Explanatory signs* had been placed on the pole below the antennas. Measurement results The measurement equipment used was a Wandel & Goltermann Type EMR -300 Radiation Meter with Type 18 Isotropic Electric Field Probe (Serial No. F-0034). The meter and probe were under current calibration by the manufacturer. Measurements were taken at ground near the pole, throughout the rear yard, and on the deck of the house. The maximum observed power density level at any location was 0.0056 mW/cm2, which is 2.8% of the most restrictive public exposure limit Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that the T Mobile West Corp. base station located at 11997 Hilltop Drive in Los Altos Hills, California, as installed and operating at the time of the visit, complies with the FCC guidelines limiting public exposure to radio frequency energy and, therefore, does not for this reason cause a significant impact on the environment. Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2011. This work has been carried out under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. 81 - i `William F. Han Yn P.E. March 17, 2010 C Warning signs complied with ANSI C95.2 color and symbol conventions. Contact information was provided in English to arrange for access to restricted areas. HAh- METT & EDISON, INC. C(1\, a: J ::YM.ix:_VR:: TM04626A596M Page 2 of 2 FCC Radio Frequency Protection Guide The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent standard, developed by the Institute of Electrical and Electronics Engineers and approved as American National Standard ANSI/IEEE C95.1-2006, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes similar limits. These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. As shown in the table and chart below, separate limits apply for occupational and public exposure conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive: Frequency Applicable Range (MHz) 0.3— 1.34 1.34— 3.0 3.0 30 30— 300 300— 1,500 1,500 — 100,000 1000 100 3 10 0 0.1 Electromagnetic Fields (f is frequency of emission in MHz Electric Magnetic Equivalent Far -Field Field Strength Field Strength Power Density (V/m) (A/m) (mw/cmZ) 614 614 1.63 1.63 100 100 614 823.8/f 1.63 2.19/f 100 180/1 1842/ f 823.8/f 4.89/ f 2.191f 900/ ? 1801/ 61.4 27.5 0.163 0.0729 1.0 0.2 3.54,Ff 1.59,ff -Ff/106 �f1238 f/300 f/1500 137 61.4 0.364 0.163 5.0 1.0 Occupational Exposure ` PCS FM Cell Public Exposure 0.1 1 10 100 103 104 105 Frequency (MHz) Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher levels also are allowed for exposures to small areas, such that the spatially averaged levels do not exceed the limits. However, neither of these allowances is incorporated in the conservative calculation formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for projecting field levels. Hammett & Edison has built those formulas into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radio sources. The program allows for the description of buildings and uneven terrain, if required to obtain more accurate projections. w^ HAMMETT& EDISON, INC. CONSULTING ENGINEERS FCC Guidelines ? r2 SAN FRANCISCO Figure 1 3�'�e�• I Ali;- � ��4R4�ti uti�l� `�+L" • rtr V�' .fir' I 4k Y ' ...,^✓ � i ��`X��`�;� •� V .� •..� p• _ .�� wW a� IP1."'Y'R-. w� - �' r'r• VR Propose—d-]q3-, I close un view E view from Hwy280 looking northeast atsite AdvanceSinT- Mobile ® SF04626 El Monte Avenue Photo Simulation Solution: 11997 Hilltop Drive, Los Altos Hills, CA Contact ( 925 7 202-8507 r ProposedT-Mobile W� IMP I close un view E view from Hwy280 looking northeast atsite AdvanceSinT- Mobile ® SF04626 El Monte Avenue Photo Simulation Solution: 11997 Hilltop Drive, Los Altos Hills, CA Contact ( 925 7 202-8507 y 1 P .o Attachment 5 TOWN OF LOS ALTOS HILLS rosnlaoslllr�s 26379 Fremont Road,, Los Altos Hills, CA 94022 rod Phone: (650) 941-7222 www.losaltoshills.ca.gov CALIFORNIA Wireless Communications Facilities Policy Amended 10/12/2006 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 10-1.1007 (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 communications facilities will be most appropriately located on public or institutional sites existing within the Town. Colocation, 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. Policy:. 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 e. Residential properties of at least ten (10) acres 2. Siting on residential parcels - Wireless communication facilities may be permitted on properties used for residential purposes or vacant parcels intended for residential property owner provides written consent and significant visual impacts are mitigated. 3. Colocation — Colocation of wireless communication facilities with other facilities is encouraged to the maximum extend feasible, as long as the colocation 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 colocation of other facilities, subject to technological constraints and Town review. Policy: Wireless Communication Facilities Page 2 3a. Applications for colocation on an existing wireless communications facility shall be subject to an administrative review provided that the following requirement is met: ® The colocated antennas and ground equipment shall be mounted or installed within an existing 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 colocated 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 request shall be reviewed by the Planning Commission and the City Council as a master plan application. 7. Terms of permits and abandonment of sites — Conditional use permits for wireless communications 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 then 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 mad 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 colocation. 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.