HomeMy WebLinkAboutPlanning Commission Resolution 2018-08 02/13/2018APPROVING A CONDITIONAL USE PERMIT FOR A
MAJOR TELECOMMUNICATIONS FACILITY
LOCATED AT 1385 NORTH MCDOWELL BOULEVARD
APN 007-411-040
FILE NO. PLUP-17-0006
WHEREAS, the applicant, Sprint, 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 North McDowell Boulevard (APN 007-411-040); and
WHEREAS, the Project is to .be located on top of the existing 'Ciena' building at 1385 North
McDowell Boulevard, and includes: 1) installation of six antennas, ranging from 71.9 inches to 73;.8 inches
in height located behind the existing screen walls located on the roof of the existing building; and 2)
installation of supporting equipment behind proposed additional screening walls on the rooftop; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project
on February 13, 2018 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 telecommunications 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.
B. 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
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
February 13, 2018, consistent with 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
February 13, 2018 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).
Planning Commission Resolution No. 2018-08 Page 1
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 of
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 telecommunications 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
for 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 telecommunications 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 for routine
maintenance only. Schools, libraries, playgrounds, churches and hospitals are not
.located within the immediate vicinity of the telecommunications facility and will not be
impacted by this use. .
Hours of operation will be 24 hours a day, seven days a week, however this is an
unstaffed facility and will not create an impact for other users within the existing
commercial buildings.
k. The telecommunications 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 telecommunications facility is compatible
with the building and the surrounding environment.
Planning Commission Resolution No. 2018-08 Page 2
C. Based on its review of the entire record herein, including the February 13, 2018 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 February, 2018, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember
Healy
X
Chair Benedetti-
Petnic
X
Alonso
X
Bauer
X
Gomez
X
Marzo
X
Vice Chair Wolpert
X
Gina Benedetti - Petnic, Chair
APPROVED AS TO FORM:
F
{ " r
H "t er Hines, Comn4 s on Secretary Lisa Tennenba m, Assistant City Attorney
Planning Commission Resolution No. 2018-08 Page 3
Exhibit A
Sprint Major Telecommunications Facility
1385 North McDowell Boulevard
APN 007-411-040
File No. PLUP-17-0006
1. Plans submitted for building permit shall be in substantial conformance with plans date
stamped October 26, 2017.
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 Telecommunications Facility authorized by this permit
with the City of Petaluma in accordance with Municipal Code § 14.44.040.
5. Prior to building permit final for the proposed facility, the existing Sprint Telecommunications
Facility at the Petaluma Golf Center at 200 Stony Point Road shall be removed.
6. Prior to building permit issuance and in order to minimize visibility from the ground -level,
details of the access doors for the supporting equipment (Sheet A-4) are required and are
subject to Planning Manager review and approval.
7. This Conditional Use Permit shall be effective for a period of ten (10) years. Continuation of
the Major Telecommunications 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.
8. The applicant shall comply with all recommended mitigation measures included in the
report prepared by Hammett & Edison and dated December 5, 2017.
9. This Conditional Use Permit does not authorize the installation and operation of outdoor
lighting or a back-up generator to serve the Major Telecommunications Facility.
10. 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.
11. Construction and operation activities of the Major Telecommunications 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. Testing and maintenance shall only take place on weekdays between the hours of 8:30
Planning Commission Resolution No. 2018-08 Page 4
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.
12. 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.
13. In accordance with Municipal Code Section 14.44.290 (C), the applicant shall provide a
report to the Planning Manager every five (5) years and which addresses the transmitter,
antenna and effective radiated power information stipulated therein.
Planning Commission Resolution No. 2018-08 Page 5