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HomeMy WebLinkAboutPlanning Commission Resolution 2015-18 10/27/2015RESOLUTION NO. 2015-18 CITY OF PETALUMA PLANNING COMMISSION RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR A MAJOR TELECOMMUNICATIONS FACILITY LOCATED AT 1364 NORTH MCDOWELL BOULEVARD APN 137-011-016 FILE NO. PLUP 15-0002 WHEREAS, the applicant, Verizon Wireless, submitted an application for a Conditional Use Permit on behalf of property owner, for a new Major Telecommunications Facility ("Project") to be located at 1364 N. McDowell Boulevard (APN 137-011-016); and WHEREAS, the Project is for a 64 -foot tall monopole and support features in the northeast corner of the developed property at 1364 North McDowell Boulevard and includes the following components; (1) 64 -foot tall monopole with nine antenna panels; (2) Twelve RRH units on the back side of the panel antennas; (3) Two GPS antennas; (4) A 200 square foot equipment cabinet; (5) A stand-by generator; (5) An 8 -foot tall cable ice bridge; and (6) A 6 -foot tall fence around the perimeter of the 1,000 square foot lease area; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project on October 27, 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 mile radius were provided notice in accordance with Municipal Code Section 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 15303 (New Construction) because it involves construction of a telecommunications facility, which is considered a small new facility, in an area that is permissible by the Implementing Zoning Ordinance, the area in which the project is located is not environmentally sensitive, and since none of the exceptions to use of the Categorical Exemption stipulated at CEQA Guidelines Section 15301.2 apply to the Project. Planning Commission Resolution No. 2015-18 Page 1 General Plan 2. The project is, for the reasons described in the Planning Commission staff report dated October 27, 2105, consistent with the Petaluma General Plan Policies 7-P-7 and 7-P-8. Municipal Code 3. The project is, for the reasons described in the Planning Commission staff report dated October 27, 2105 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 Business Park Zoning District 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 will be located within the existing parking area of the developed site. b. No outdoor activities are proposed as part of this use. c. No display of goods or services are proposed as part of the Conditional Use Permit. d. 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: e. There are adequate streets and thoroughfares to accommodate the anticipated traffic resulting from maintenance of the proposed use. The adequacy of, convenience, and safety of provisions for vehicular access and parking, including the location for the driveway entrance and exits will not be changed or altered by the inclusion of the telecommunication facility to the site. g. 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: h. 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 the use. Planning Commission Resolution No. 2015-18 Page 2 i. Hours of operation will be 24 hours a day 7 days a week; however, this is an unmanned facility and will not create an impact for other users within the existing commercial buildings. j. The telecommunication facility will not emit noise, odors, light, or glare. k. There are no anticipated hazards to arise from the intended use. I. 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 27, 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 attached hereto as Exhibit A. ADOPTED this 27th 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: Gina Benedetti-Petnic, Vice Chair F,01 ' WOW 1r* I Hines, QUnmission Secretary Andrea Visveshwara, Assistant City Attorney Planning Commission Resolution No. 2015-18 Page 3 Exhibit A CONDITIONS OF APPROVAL Verizon Major Telecommunications Facility 1364 N. McDowell Boulevard APNs 137-011-016 File No: PLUP 15-0002 1. Plans submitted for building permit shall be in substantial conformance with plans date stamped September 30, 2015 and including the following: • Installation of either a 64 -foot tall monopole or installation of 70 -foot faux pine at the Planning Manager's discretion after review of physical sample, with nine (9) antenna panels (8' tall by 1' wide). • Mounting of 12 RRH (remote radio head) units on the backside of the panel antennas (2 per panel). • Installation of a 7.5 -foot tall and approximately 200 square foot, flat roofed, equipment cabinet, painted to match the existing building. • Installation of a 7.75 -foot high stand-by generator located within the fenced -in lease area. The generator is a rectangular unit measuring 2.25 feet by 8 feet. • Installation of an 8 -foot tall cable ice bridge —this structure provides support for cables that lead from the equipment panels to the monopole. Installation of two 12 -inch high GPS antennas on top of the ice bridge. • Construction of an 8 -foot high fence around the perimeter of the 25 -foot by 40 -foot leasable area. • Installation of collision protection around the proposed 132 -gallon fuel tank that is part of the stand by generator. 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 Planning Commission Resolution No. 2015-18 Page 4 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. 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. 7. 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 (Monday -Friday, non -holiday) between the hours of 7:30 a.m. and 5:30 p.m. b. Backup generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within one hundred feet of residential dwelling unit, noise attenuation measures shall be included to reduce noise levels to an exterior noise level of Ldn of 60 dB at the property line and an interior noise level of Ldn of 45 dB. 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. 8. The applicant shall comply with all recommended mitigation measures included in the report prepared by Hammet and Edison. 9. Plans submitted for Building Permit approval shall comply with the City of Petaluma floodplain ordinance (Chapter 6). 10. Prior to Building Permit approval the applicant shall submit an erosion control plan which complies with City of Petaluma erosion control regulations (Chapter 17). 11. Prior to Building Permit approval, the applicant shall submit final color samples for the equipment shelter and monopole for review and approval by the Planning Department. Colors shall be a flat paint. 12. Prior to issuance of building permits, the applicant shall revise plans to reflect the following: • Illustrate a minimum 13 -foot setback to the closest part of the tower. • Installation of three new garbage enclosures in same location as existing and upgraded to include a fence or wall using the same material that is proposed for the fence located to secure the lease area of the proposed facility. • The tops of trash enclosures shall be screened with a roof or overhead trellis. • Trash enclosure gates shall be constructed of heavy -gauge metal or of a heavy gauge metal frame with covering of wood or other suitable material and secured with sturdy hinges or sliders and latches. Planning Commission Resolution No. 2015-18 Page 5 • Restriping plan for parking area to result in no new loss of existing parking onsite. 13. Prior to building permit approval, the applicant shall submit verification from the Police Chief that the facility either proposes an appropriate security program or that such program has been deemed unnecessary by the Police Chief, 14. The applicant shall register the Verizon Telecommunication Facility with the city pursuant to PMC Section 14.44.040 and obtain all appropriate licenses required by the FCC prior to installation as required by the FCC 15. Consistent with PMC Section 14.44.160, the applicant shall demonstrate that the tower is located more than one hundred ten percent of its height from a habitable structure, property line, or other tower or if closer, that the tower is designed and maintained to withstand without failure the maximum forces expected from wind and earthquakes when the tower is fully loaded with antennas, transmitters and other equipment, and camouflaging. Initial demonstration of compliance with this requirement shall be provided via submission of a report to the building official prepared by a structural engineer licensed by the state of California describing the tower structure, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done, and documenting the actual calculations performed. Proof of ongoing compliance shall be provided via submission to the planning director at least every ten years of an inspection report prepared by a California -licensed structural engineer indicating the number and types of antennas and related equipment actually present and indicating the structural integrity of the tower. Based on this report, the building official may require repair or, if a serious safety problem exists, removal of the tower. 16. Failure to supply the required reports or to remain in continued compliance with the NIER standard established by Chapter 14.44 shall be grounds for revocation of the use permit. 17. Prior to building or grading permit issuance, the applicant shall provide a Construction Phase Recycling Plan that would address the reuse and recycling of major waste materials (soil, vegetation, concrete, lumber, metal scraps, cardboard, packing, etc., generated by any demolition activities and construction of the project, in compliance with General Plan Policy 2- P-122 for review by the planning staff. 18. The applicant shall comply General Plan Policy 4-P-16 by incorporating the following during project construction: a. Maintain construction equipment engines in good condition and in proper tune per manufacturer's specification for the duration of construction; b. Minimize idling time of construction related equipment, including heavy-duty equipment, motor vehicles, and portable equipment; c. Use alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline); d. Use add-on control devices such as diesel oxidation catalysts or particulate filters; Planning Commission Resolution No, 2015-18 Page 6 e. Use diesel equipment that meets the ARB's 2000 or newer certification standard for off- road heavy-duty diesel engines; f. Phase construction of the project; g. Limit the hours of operation of heavy duty equipment. 19. Lighting shall be limited to the following a manually -operated or motion -detector controlled light above the equipment shed door which shall be kept off except when personnel are actually present at night; and 20. The applicant shall comply with PMC Section 14.44.240, by installing the facilities in such a manner so as to maintain and enhance existing native vegetation. No tree removal shall occur. 21. 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, 2015-18 Page 7