HomeMy WebLinkAboutPlanning Commission Resolution 2016-09 06/28/2016CITY OF PETALUMA PLANNING COMMISSION
A RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT FOR A
MAJOR TELECOMMUNICATIONS FACILITY
LOCATED AT 938 CAULFIELD LANE.
APN 005 - 020 -017
FILE NO. PLUP -16 -0004
WHEREAS, the applicant, Verizon Wireless, submitted an application for a Conditional Use Permit
on behalf of property owner Dan and Martha Boyd, for a new Major Telecommunications Facility
( "Project ") to be located at 938 Caulfield Lane (APN 005 - 020 -017); and
WHEREAS, the Project is for a 58 -foot tall monopole and support features in the northeast corner
of the developed property at 938 Caulfield Lane and includes the following components: 1) 58 -foot tall
monopole with nine antenna panels; 2) Nine RRH units on the back side of the panel antennas; 3) Two
GPS antennas; 4) Two equipment cabinets; 5) A 6 -foot tall fence around the perimeter of the lease
area; and
WHEREAS, the Project is categorically exempt from the requirement for the preparation of
environmental documents under the California Environmental Quality Act (CEQA) Guidelines Section
15303 (New Construction or Conversion of Small Structures) because it involves the construction of a
utility structure. The project is also not subject to any of the exceptions to the use of a categorical
exemption (e.g., sensitive environment, cumulative impact, significant effect, scenic highway,
hazardous waste sites, historic resource) found at CEQA Guidelines § 15300.2.
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project
on June 28, 2016 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;
General Plan
1. The project is, for the reasons described in the Planning Commission staff report dated
June 28, 2106, consistent with the Petaluma General Plan Policies 7 -P -7 and 7 -P -8.
Municipal Code
2. The project is, for the reasons described in the Planning Commission staff report dated
June 28, 2106 and with the incorporation of Conditions of Approval included at Exhibit A
Planning Commission Resolution No. 2016 -09 Page 1
to this resolution, consistent with requirements of Petaluma Municipal Code Chapter
14.44 (Telecommunications Facility and Antenna Criteria).
Implementing Zoning Ordinance
3. The project is consistent with the Commercial 1 (Cl) Zoning District since it adheres to all
development standards including, but not limited to, maximum building height and
building setbacks.
4. 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 siting of the use is adequate to accommodate the proposed telecommunication
facility and all associated maintenance.
b. No outdoor activities are proposed as part of this Conditional Use Permit.
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 periodic maintenance of the unmanned facility.
f. 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 this criterion is not
applicable.
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.
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.
Planning Commission Resolution No. 2016 -09 Page 2
C. Based on its review of the entire record herein, including the June 28, 2016 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 conditions attached hereto as Exhibit A.
ADOPTED this 28th day of June, 2016, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember King
X
Vice Chair Benedetti - Petnic
X
Gomez
X
Chair Lin
X
Marzo
X
Pierre
X
Wolpert
X
ATTEST:
Gina Benedetti- Petnic, Vice Chair
APPROVED AS TO FORM:
d1l 1/ 7) ,
H other Hines, Co mission Secretary Lisa Tennen aum, Assistant City Attorney
Planning Commission Resolution No. 2016 -09 Page 3
Exhibit A
PlanninI4•
1. Plans submitted for building permit shall be in substantial conformance with plans date stamped
April 25, 2016 and including the following:
• Installation of a 58 -foot tall monopole
• Installation of nine (9) six (6) foot panel antennas
• Installation of nine (9) RRH units
• 6 foot tall chain link fence with vinyl privacy slats
• Installation of (1) standby generator
• Installation of two (2) outdoor equipment cabinets
• Installation of two (2) Verizon Wireless GPS antennas
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. The applicant shall register the Verizon Telecommunication Facility with the city pursuant to
Petaluma Municipal Code (PMC) Section 14.44.040.
4. Major Telecommunication Use Permits shall be effective for a 10 year period. Continuation shall
require a new Use Permit pursuant to PMC Section 14.44.150. If at any time the facility becomes
nonoperational all antennas and associated equipment shall be removed.
5. The applicant shall comply with all FCC rules, regulations and standards at all times. Evidence of
FCC compliance shall be provided, prior to building permit issuance.
6. Prior to building permit issuance, the applicant shall demonstrate the proposed telecommunication
facility incorporates specialized standards to withstand wind forces and earthquakes to be reviewed
and approved by the Chief Building Official.
7. 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 a program has been deemed
unnecessary by the Police Chief.
8. Plans submitted for building permit shall show compliance with 14.44.180 and 14.44.250. (Critical
disaster response facility, Fire prevention)
9. 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.
Planning Commission Resolution No. 2016 -09 Page 4
10. Prior to building permit approval, the applicant shall submit final color sample for the equipment
shelter and monopole for review and approval by the Planning Department. Colors shall be in flat
paint.
11. 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 the revocation of the use permit.
12. 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.
13. No tree removal shall occur.
14. If during the course of ground disturbing activities, including but not limited to: excavation, grading
and construction, a potentially significant prehistoric or historic archeological resource is
encountered, all work within 100 foot radius of the find shall be suspended for a time deemed
sufficient for a qualified and city- approved cultural resource specialist to adequately evaluate and
determine significance of the discovered resource and provide treatment and recommendations.
Should a significant archeological resource be identified a qualified archaeologist shall prepare a
resource mitigation plan and monitoring program to be carried out through all construction activities.
15. Construction and operation activities of the Major Telecommunication Facility authorized by the
Conditional Use Permit shall comply with PMC Section 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.
c. Exterior noise level shall not exceed 60dB at the property line, consistent with the submitted noise
study.
d. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30
p.m.
e. 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.
16. 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 fiom 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. 2016 -09 Page 5
17. The monopole shall be designed to accommodate colocation of two additional carriers. A letter from
a qualified professional verifying that the construction drawings adequately provide for future
colocation of two additional carriers shall be submitted with building permit.
Planning Commission Resolution No. 2016 -09 Page 6