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HomeMy WebLinkAboutPlanning Commission Resolution 2015-16 10/13/2015RESOLUTION NO. 2015-16 CITY OF PETALUMA PLANNING COMMISSION RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT MAJOR TELECOMMUNICATIONS FACILITY LOCATED AT 1385 NORTH MCDOWELL BOULEVARD APN 007-110-042 FILE NO. PLMA-15-0003 WHEREAS, the applicant, Sprint Wireless, submitted an application for Conditional Use Permit, on behalf of property owner, Basin Street Properties, for a new Major Telecommunications Facility ("Project") to be located at 1385 N. McDowell Boulevard (APN 007-110-042); and WHEREAS, the Project is to be located on top of the existing Cyan building at 1385 North McDowell Boulevard, and includes the following components: (1) installation of six antennas, ranging from 61 -inches to 73.8 -inches in height and located behind existing screen walls on the roof of the existing building; and (2) installation of supporting equipment behind the existing screen walls on the roof of the existing building; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project on October 13, 2015 and a copy of the notice was published in the Argus -Courier and mailed to residents and occupants within 500 feet of the site, in compliance with state and local law; and WHEREAS, all operators of existing permitted wireless telecommunication facilities within a one (1) mile radius were provided notice in accordance with Municipal Code § 14.44.340. NOW, THEREFORE, BE IT RESOLVED: A. The foregoing recitals are true and correct and incorporated by reference. Based on the staff report, staff presentation, comments received and the public hearing, the Planning Commission makes the following findings based on substantial evidence in the record: California Environmental Quality Act 1. The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) because it involves minor modifications to the exterior of an existing structure and since none of the exceptions to the use of a Categorical Exemption stipulated at CEQA Guidelines Section 15301.2 apply to the Project. General Plan 2. The Project is, for the reasons described in the Planning Commission staff report dated October 13, 2015, consistent with Petaluma General Plan Policies 7-P-7 and 7- P-8. Planning Commission Resolution No. 2015-16 Page 1 Municipal Code 3. The Project is, for the reasons described in the Planning Commission staff report dated October 13, 2015 and with the incorporation of conditions of approval included at Exhibit A to this resolution, consistent with requirements of Petaluma Municipal Code Chapter 14.44 (Telecommunications Facility and Antenna Criteria). Implementing Zoning Ordinance 4. The project is consistent with the Redwood Technology Center Planned Unit Development since it adheres to all development standards including, but not limited to, maximum building height and building setbacks. 5. All the required findings for Conditional Use Permit Approval found at Implementing Zoning Ordinance Section 24.030(G) can be made, as follows: The siting of the building or use, and in particular: a. The proposed use does not affect the siting of any building since it concerns the placement of equipment on the roof of an existing building. b. No outdoor activities are proposed as part of this use. c. All activities shall occur on the existing building and shall not interfere with the outlook, light, air or peace and quiet of the surrounding tenants. d. No displays of goods or services are proposed as part of this Conditional Use Permit. e. The telecommunication facility will be a low intensity activity in that there will be no public access. Only routine maintenance will be performed. Traffic circulation and parking, and in particular: f. There are adequate streets and thoroughfares to accommodate the anticipated traffic resulting from maintenance of the proposed use. g. The adequacy of, convenience, and safety of provisions for vehicular access and parking, including the location of the driveway entrance and exits will not be changed or altered by the inclusion of the telecommunication facility to the site. h. Truck traffic is not proposed as part of this use, therefore truck traffic and timing will not be an issue. The compatibility of the proposed building or use with its environment and in particular: i. Customer traffic is not proposed as part of this use. Activity levels will be reduced to routine maintenance only. Schools, Libraries, playgrounds, churches and hospitals are not located within the immediate vicinity of the telecommunication facility and will not be impacted by this use. j. Hours of operation will be 24 hours a day 7 days a week; however, this is an Planning Commission Resolution No. 2015-16 Page 2 unmanned facility and will not create an impact for other users within the existing commercial buildings. k. The telecommunication facility will not emit noise, odors, light or glare. I. There are no anticipated hazards to arise from the intended use. m. The portion of the total space utilized for the telecommunication facility is compatible with the building and the surrounding environment. C. Based on its review of the entire record herein, including the October 13, 2015 Planning Commission staff report, all supporting, referenced, and incorporated documents and all comments received and foregoing findings, the Planning Commission hereby approves a Conditional Use Permit, subject to the conditions attached hereto as Exhibit A. ADOPTED this 13th day of October, 2015, by the following vote: Commission Member Aye No Absent Abstain Councilmember Barrett X Vice Chair Benedetti-Petnic X Gomez X Chair Lin X Marzo X Pierre X Wolpert X ATTEST: r. Fj ather Hines, C6mmission Secretary Joc y Lin, Chair APP D AS TO FORM: Andrea Visveshwara, Assistant City Attorney Planning Commission Resolution No. 2015-16 Page 3 Sprint Major Telecommunications Facility 1385 North McDowell Boulevard APN 007-110-042 File No. PLUP-15-0003 CONDITIONS OF APPROVAL Planning: Exhibit A 1. Plans submitted for building permit shall be in substantial conformance with plans date stamped September 23, 2015. 2. Prior to issuance of a building permit, the applicant shall revise the site plan or other first sheet of the office and job site copies of the Building Permit plans to list these Conditions of Approval as notes. 3. Plans submitted for purposes of obtaining a building permit shall show compliance with the following Municipal Code sections: a. §14.44.160 (Telecommunications Facilities— Structural Requirements); b. §14.44.180 (Critical Disaster Response Facility); and c. §14.44.250 (Fire Prevention). 4. The applicant shall register the Major Telecommunication Facility authorized by this permit with the City of Petaluma in accordance with Municipal Code § 14.44.040. 5. This Conditional Use Permit shall be effective for a period of ten (10) years. Continuation of the Major Telecommunication Facility beyond this period shall require a new Conditional Use Permit pursuant to Municipal Code §14.44.150. If at any time the facility becomes nonoperational all antennas and associated equipment shall be removed. 6. This Conditional Use Permit does not authorize the installation and operation of outdoor lighting or a back-up generator to serve the Major Telecommunication Facility. 7. The applicant shall be subject to all applicable development fees. Said fees are due at time of issuance of building permit at which time, other pertinent fees that may be applicable to the Project may be required. 8. Construction and operation activities of the Major Telecommunication Facility authorized by this Conditional Use Permit shall comply with the following standards of Municipal Code § 14.44.270, as follows: a. Outdoor noise producing construction activities shall only take place on weekdays Planning Commission Resolution No. 2015-16 Page 4 (Monday -Friday, non -holiday) between the hours of 7:30 a.m. and 5:30 p.m. b. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m. c. Traffic, at all times, shall be kept to an absolute minimum, but in no case more than two round trips per day on an average annualized basis once construction is complete. 9. The applicant shall comply with all recommended mitigation measures included in the report prepared by Hammet and Edison. 10. The applicant shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees ("Indemnitees") from any claim, action or proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of the project. The applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the Project, not just such claims, actions or proceedings brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the applicant of any such claim, action or proceeding concerning the Project. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim, action, or proceeding, and if the City chooses to do so, applicant shall reimburse City for attorneys' fees and costs incurred by the City. Planning Commission Resolution No. 2015-16 Page 5