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HomeMy WebLinkAboutPlanning Commission Resolution 2011-06 11/22/2011 RESOLUTION NO. 2011 -06 CITY OF PETALUMA PLANNING COMMISSION APPROVING SITE PLAN AND ARCHITECTURAL REVIEW FOR X2nSAT, A MAJOR TELECOMMUNICATION FACILITY, LOCATED AT 1310 REDWOOD WAY WITHIN THE REDWOOD BUSINESS PARK, APN 137-011-152 File No. 11-SPC-0655 WHEREAS, Garrett Hill of X2nSAT submitted an application for Site Plan & Architectural Review for the purpose of constructing a major telecommunications facility; 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, 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. NOW THEREFORE, BE IT RESOLVED that the Planning Commission hereby approves the Site Plan and Architectural Plans for the Project and authorizes construction of site improvements for the Project contained in said plans 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, 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. 2. The project, as conditioned, will conform to the intent, goals and policies of the Petaluma General Plan 2025 and is consistent with the following General Plan policies, goals and objectives: 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. Planning Commission Resolution No.2011-06 Page 1 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 the antenna installation to be 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. 3. The Project, as conditioned will not constitute a nuisance or be detrimental to the public welfare of the community because it conforms to the Petaluma Implementing Zoning Ordinance ("IZO"). The Project site is zoned Planned Unit District (PUD) and is part of the Redwood Business Park PCD. The subject property and the proposed use were evaluated as part of that project. The PUD allows for office uses as a permitted principal use and the Teleport Area is ancillary to the permitted use. 4. The project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code. 5. The proposed project, as conditioned, conforms to the requirements of Site Plan and Architecture Review Standards for Review of Applications 24-010 (G) of the Implementing Zoning Ordinance as: The appropriate use of quality materials and harmony and proportion of the overall design. The proposed satellites are fabricated from metal. All dishes will not exceed a maximum height of35 feet, below the height of the existing adjacent buildings. The technology utilized requires that the dishes be solid materials. All support equipment for the dishes will be within the existing building. The proposed Teleport Area will be located within a fenced in area of chain link as required by the FCC. The proposed telecommunication facility will not be readily visible from surrounding public streets, as it is screened by existing buildings to the north, south, and west and by large mature trees along the east property line. No additional lighting is proposed. The architectural style should be appropriate for the project in question, and compatible with the overall character of the neighborhood. The proposed Teleport (satellite dishes) are appropriate for the site and compatible with the adjacent commercial and industrial buildings. The satellite area (Teleport Area) is screened from public views by existing industrial and office buildings as well as existing mature landscaping. The maximum height of 35 feet of the proposed satellite dishes is below the height of the adjacent one-story building. Planning Commission Resolution No.2011-06 Page 2 The siting of the structure on the property as compared to the siting of other structures in the immediate neighborhood. The siting of the existing buildings and the proposed location of the teleport area on this property height of the proposed satellite dishes are below the height of the adjacent one- story building. The subject building is a one and two story building; the front end of the building is two stories and the rear of the building is single story. Also the adjacent building at 1318 Redwood is two stories. The proposed location of the Teleport Area is not readily visible from public streets and is located at the rear of the property and is screened from public view by existing landscaping and mature trees. The Teleport Area will maintain access to common areas within the Redwood Business Park and therefore is compatible with the original layout of the larger development and the campus like feel for all tenants of the business park. The bulk, height, and color of the proposed structures as compared to the bulk, height, and color of other structures in the immediate neighborhood. The proposed satellite dishes are compatible in bulk, height, and color with other structures in the immediate neighborhood and within the Redwood Business Park. The proposed satellite dishes will be painted with a flat or a matte finish. The proposed grey color with a matte finish (non-reflective finish) and the material which is metal are compatible with the color palette of surrounding buildings. The teleport area will not be readily visible from off the site and is tucked into the edge of the Redwood Business Park so as to minimally impact other uses on site. ADOPTED this 22nd day of November, 2011 by the following vote: ,'Committeelliember, Aye , No; Absent Abstain Abercrombie X Albertson X 2nd Vice Chair Elias X Herries X Chair Johansen X Vice Chair Pierre X Wolpert X 1 J�`ierre l! Chair ATTEST: APPROVED AS TO FORM: Heather Hines, Co fission Secretary Leslie Thomsen, Assistant City Attorney Planning Commission Resolution No.2011-06 Page 3 EXHIBIT A SPARtCONDITIO S OF APPROVAL`v X2nSAT 1310 Redwood Way APN 1370011-152 City File Number 11-SPC-0655 From Planning Division: 1. The site plan and architectural approval 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 foot 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 will be ground mounted and must 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. Prior to the issuance of a building permit the applicant shall list these Conditions of Approval on the first sheet of plan set. 3. Plans submitted for building permit review shall be in substantial compliance with the plans date stamped September 8, 2011 and/or reviewed by the Planning Commission on November 22, 2011. 4. Prior to issuance of building permit, the applicant shall provide the appropriate documentation that the satellite to be installed complies with all Federal Communication Commission (FCC) rules, regulations and standards and that the appropriate licensing has been obtained. 5. 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. 6. The proposed chain link fence shall include wood slats. 7. The project shall be subject to all applicable development impact and other fees. 8. 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. 9. 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 Planning Commission Resolution No.2011-06 Page 4 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. 10. The site shall be kept clear at all times of all garbage and debris. No outdoor storage shall be permitted. 11. 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 periodically cleaned and replaced when missing to insure continued regular watering of landscape areas, and health and vitality of landscape materials. 12. 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. 13. 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. 14. 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. 15. All work within a public right-of-way requires an encroachment permit from the Public Works Department. From Department of Public Works (Engineering Division): 16. 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: 17. 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. 18. The Fire Marshal may require the EVA within the fenced area to be marked "Fire Lane" depending on storage and location of satellite equipment. 19. The plans show a generator which likely uses diesel and it is know 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 Planning Commission Resolution No.2011-06 Page 5 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 to have secondary containment and NFPA 704 placards (firefighter diamond) denoting expected hazards. Planning Commission Resolution No.2011-06 Page 6