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HomeMy WebLinkAboutPlanning Commission Resolution 2011-05 11/22/2011 RESOLUTION NO. 2011 -05 CITY OF PETALUMA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR X2nSAT, A MAJOR TELECOMMUNICATION FACILITY, LOCATED AT 1310 REDWOOD WAY IN THE REDWOOD BUSINESS PARK APN 137-011-152 File No. 11-SPC-0655 WHEREAS, Garrett Hill of X2nSAT submitted an application for a Conditional Use Permit for the purpose of installing a major telecommunications facility (Teleport Area) at 1310 Redwood Way, within the Redwood Business Park; and, WHEREAS, the proposed project is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15303 (New Construction) in that the project involves installation of a small teleport area within an existing parking lot in the Redwood Business Park. The location is not adjacent to sensitive receptors such as residential uses, schools, hospitals, etc. The proposed antennas do not emit noise, heat, or other pollution and the operation of the proposed antennas would not emit high levels of non-ionizing electromagnetic radiation (NEIR); and, WHEREAS, on or before November 10, 2011, a Notice of Public Hearing to be held on November 22, 2011 before the City of Petaluma Planning Commission was published in the Argus Courier and mailed to all residents and property owners within 500 feet of the project; and, WHEREAS, there are no operators of all telecommunication facilities registered with the City of Petaluma located within one mile of the subject property so as to require individual mailed notice; and, WHEREAS, the Planning Commission held a public hearing on November 22, 2011, during which the Commission considered the Project and received and considered all written and oral public comments for the Project which were submitted up to and at the time of the public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 24.030; and, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby approves the Conditional Use Permit for the Project authorizes construction of site improvements for the Project contained in said plans submitted with the application, which are incorporated herein by reference as though fully set forth herein, based on the findings made below and subject to conditions of approval attached as Exhibit A hereto and incorporated herein by reference: 1. The proposed project is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15303 (New Construction) in that the project involves installation of a small teleport area within an existing parking lot in the Redwood Business Park. The location is not adjacent to sensitive receptors such as residential uses, schools, hospitals, etc. The proposed antennas do not emit noise, heat, or other pollution and the operation of the proposed antennas would not emit high levels of non-ionizing electromagnetic radiation (NEIR). 2. The proposed project, as conditioned, will not constitute a nuisance or be detrimental to the public welfare of the community in that it will be operated in conformance with the standards specified in the Uniform Building Code, the Petaluma Implementing Zoning Ordinance and the City of Petaluma General Plan 2025 as well as Section 14.44 of the Petaluma Municipal Code. Planning Commission Resolution No.2011-05 Page 1 3. The project is consistent with the following goals, policies, and programs of the General Plan 2025: 1-P-7 Encourage flexibility in building form and in the nature of activities to allow for innovation and the ability to change over time. 1-P-8 Maintain Business park uses by monitoring availability of industrial land area for possible expansion of high employment businesses. 1-P-9 Support continued development and intensification of employment centers. 2-G-1 Preserve Petaluma's setting as an urban place surrounded largely by rural land uses and densities, agricultural and open space. 7-G-2 Encourage the development of infrastructure and services to allow equal access to all who live work, and study in Petaluma to utilize new technologies to communicate with individuals and institutions from the local to global level. 7-P-8 Anticipate, plan for, and react to changes in technology. The proposed project is consistent with the goals, policies and programs of the General Plan 2025 in that X2Nsat is an existing local business looking to expand operations in Petaluma and to remain competitive within the market. X2Nsat operates satellite networks used by a variety of clients who cannot get broadband communications from other sources in their area. X2Nsat provides telephone and internet services to a range of clients including first responders (police, fire, National Guard), regulated telephone companies, schools, and ships at sea, airplanes and private companies. The proposed teleport allows X2Nsat to react to changes in technology and provides flexibility for antenna installation based on the needs of the market. The project maintains the business park uses within the Redwood Business Park and utilizes existing buildings and mature trees to minimize the visual impacts from the teleport area. 4. The project site is within the Redwood Business Park and zoned under the Redwood Business Park Planned Community District. The proposed is consistent with the development standards for the Redwood Business Park Planned Community District, including setbacks from property lines, height limitations, and lot coverage. The office use is permitted in the PCD and telecommunication facility is a conditional use, consistent with the requirements of Chapter 14.44 of the Municipal Code. 5. The subject property is located within the 100 year Floodplain and will be required to be designed and constructed in accordance with the City's floodplain ordinance. 6. The proposed satellite antennas and related equipment are consistent with the provisions for major telecommunication facilities of the Petaluma Municipal Code, Chapter 14.44. The proposed telecommunication facility will not create adverse visual effects on the city, will not create visual blight along scenic corridors or ridgelines, and will not cause adverse health effects to the inhabitants of Petaluma due to high levels of NEIR (non-ionizing electromagnetic radiation). The proposed telecommunication facility will not harm the environmental resources of Petaluma. 7. The proposed project, as conditioned, will not constitute a nuisance or be detrimental to the public welfare in that it will be constructed and operated in conformance with the Uniform Building Code, the Implementing Zoning Ordinance, and Municipal Code. Planning Commission Resolution No.2011-05 Page 2 ADOPTED this 22nd day of November, 2011 by the following vote: CommitteeMember ' ' Aye =No' Absent =Abstam Abercrombie X Albertson X 2nd Vice Chair Elias X Herries X Chair Johansen X Vice Chair Pierre X Wolpert X 1' _ I z Jenne -r Pier re Chair ATTEST: APPROVED AS TO FORM: Fin At Agt., -other Hines, C• mission Secretary Leslie Thomsen, Assistant City Attorney Planning Commission Resolution No.2011-05 Page 3 Exhibit A :CU RtCONDITIONS'OF APPROVAL. y _. X2nSAT 1310 Redwood Way APN 1370011-152 City File Number: 11-SPC-0655 From Planning Division: 1. This Conditional Use Permit authorizes X2nSAT, a commercial provider of satellite communications, to install up to 14 parabolic satellite antennas, ranging in size from 8 feet in diameter to 25 feet in diameter, with no more than 2 antennas at the 25 toot diameter size and up to 20 small parabolic antennas not exceeding 2.5 feet in diameter. A maximum'of 34 satellite antennas of varying sizes/dimensions may be installed within the controlled area. The antennas shall be ground mounted and shall be located within the fenced area as shown on plans dated stamped September 8, 2011, within the Redwood Business Park. No antenna shall exceed a maximum of 35 feet in height. 2. Plans submitted for building permit review shall be in substantial conformance with the Conditional Use Permit request and the plans/information date stamped September 8, 2011, and additional supplemental information provided on November 2, 2011. 3. Prior to issuance of building permit, the applicant shall provide the appropriate documentation that the satellites to be installed comply with all Federal Communication Commission (FCC) rules, regulations, and standards and that the appropriate licensing has been obtained. 4. Prior to the issuance of a building permit, the applicant shall provide a security program for review and approval by the City of Petaluma Police Department that will prevent unauthorized access and vandalism. The security program shall be maintained and any updates/revisions shall be made in writing to the City of Petaluma Police Department. 5. Prior to issuance of a building permit and in accordance with Section 14.44.030 (K) of the Petaluma Municipal.Code, X2nSAT shall register with the city pursuant to Section 14.44.040. 6. In accordance to Section 14.44.150 (A) of the Petaluma Municipal Code this Conditional Use Permit shall be reviewed by the Planning Division at a staff level every ten (10) years. Revocation of a Conditional Use Permit shall be limited to a) that the use involved is no longer allowed in the applicable zoning district; b) the facility fails to comply with the relevant requirements of chapter 14.44 as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the planning director that the facility will be brought into compliance within 120 days; c) the permittee has failed to comply with the conditions-of-approval imposed; or d) the facility has not been upgraded to minimize its impact, including community aesthetics, to the greatest extent permitted by the technology that exists at the time of renewal and is consistent with the provisions of the universal service at affordable rates. Cost associated with the review process shall be borne by the telecommunication facility owner/provider. 7. In accordance to Section 14.44.150 (B) of the Petaluma Municipal Code if this Conditional Use Permit or other associated entitlement is not renewed, it shall automatically become null and void without notice or hearing ten years (10) and a day, from the date of approval, unless a new use permit or entitlement of use is issued, within one hundred twenty (120) Planning Commission Resolution No.2011-05 Page 4 days. Thereafter all improvements installed shall be removed including their foundations down to three feet below ground surface and shall be removed from the property and the site restored to its natural preconstruction state within one hundred eighty (180) days of non- renewal or abandonment to the satisfaction of the planning division. 8. As applicable, prior to issuance of a building permit, the applicant shall complete and pay the fee for the Telecommunications Carriers and Providers Registration with the City. 9. Prior to issuance of a building permit, the applicant shall file and pay the fee for the Telecommunications Maintenance/Facility Removal Agreement with the City. 10. This Conditional Use Permit may be recalled by the Community Development Department (CDD) for review at any time due to complaints regarding lack of compliance with the conditions of approval. At such time, the CDD may initiate proceedings to revoke the conditional use permit or add/modify conditions of approval, consistent with Section 24.030J of the Implementing Zoning Ordinance and/or the City of Petaluma Municipal Code. 11. Should X2nSAT leave said location, the Teleport Area including the fencing and all equipment shall be removed and returned back to a regular parking area. 12. The generator to be installed shall be required to operate within the City's Performance Standards. 13. In accordance with Municipal Code section 14.44.140 a maintenance/facility removal agreement shall be submitted prior to approval of a building permit. 14. The project shall be subject to all applicable development impact and other fees. 15. Signs are not included as part of this approval. The applicant shall apply for a separate sign permit. Sign permits shall be obtained through the Building Division, and be designed to conform to applicable requirement of Section 20 of the Implementing Zoning Ordinance. 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 subdivider of any such claim, action or proceeding concerning the subdivision. 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. 17. The site shall be kept clear at all times of all garbage and debris. No outdoor storage shall be permitted. 18. All planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. Required irrigation systems shall be fully maintained in sound operating condition with heads Planning Commission Resolution No.2011-05 Page 5 periodically cleaned and replaced when missing to insure continued regular watering of landscape areas, and health and vitality of landscape materials. 19. Construction activities shall comply with performance standards specified Implementing Zoning Ordinance Chapter 21 and the Petaluma Municipal Code Sections (noise, dust, odor, etc.) unless as otherwise noted/conditioned above or in the initial study/environmental document. 20. Herbicides/pesticides•shall not be applied in areas used by pedestrians/bicyclists within the project without first providing appropriate signs warning of the use of chemicals. The project shall utilize Best Management Practices regarding pesticide/herbicide use and fully commit to Integrated Pest Management techniques for the protection of bicyclists and pedestrians. 21. Public utility access and easement locations and widths shall be subject to approval by PG&E, Pacific Bell, SCWA, all other applicable utility and service companies and the City Engineer and shall be shown on the plans. 22. All work within a public right-of-way requires an encroachment permit from the Public Works Department. 23. All areas disturbed during project construction shall be replanted with vegetation compatible with the vegetation in the surrounding area. Any existing trees or significant vegetation, on the facilities site or along the affected access area that die shall be replaced with native trees and vegetation of a size and species acceptable to the planning director. 24. No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it. From Department of Public Works (Engineering Division): 25. All proposed satellite dishes located within the 100-year floodplain shall be designed and constructed in accordance with the City's floodplain ordinance. The applicant shall show the limits of the 100-year floodplain on the site plan submitted for building permit. From the Fire Marshal: 26. The plans show a locked fence being added to the parking/satellite area. To allow for emergency fire department access to the areas within the fence, both gates shall be automatic and operate electrically with manual override and shall have either a Know key switch or Operation opening systems. The fence and installation shall conform to all applicable code and standards. 27. The Fire Marshal may require the EVA within the fenced area to be marked "Fire Lane" depending on storage and location of satellite equipment. 28. The plans show a generator which likely uses diesel and it is not known if batteries or other hazardous materials will be used. If the facility uses or stores chemicals exceeding state threshold planning quantities (55 gallons of a liquid, 200 cubic feet of gas, or 500 lbs of a solid), the facility shall prepare and submit a Hazardous Materials Business Plan pursuant to Health and Safety 6.95 and the California Fire Code. A completed plan shall be submitted prior to bringing hazardous materials onsite and shall also be submitted through the California Emergency Reporting System (CERS). Forms and guidance are available from the Fire Marshal's Office. In addition, all hazardous materials storage locations shall be required Planning Commission Resolution No.2011-05 Page 6 to have secondary containment and NFPA 704 placards (firefighter diamond) denoting expected hazards. Planning Commission Resolution No.2011-05 Page 7