HomeMy WebLinkAboutCC Resolution 11305 (Wireless Communication Facility Appeal)RESOLUTION NO. 11305
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO
UPHOLD THE ZONING ADMINISTRATOR'S APPROVAL OF AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED02-089) AND USE PERMIT
(UP02-065) FOR THE INSTALLATION OF A NEW WIRELESS COMMUNICATION
FACILITY ENCLOSED INSIDE A NEW MOCK CHIMNEY ON THE ROOF OF AN
EXISTING BUILDING AND THE INSTALLATION OF ASSOCIATED EQUIPMENT
WITHIN A FENCED AREA ON THE SIDE OF THE EXISTING BUILDING AT
250 PT. SAN PEDRO ROAD (APN: 009-031-09)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FINDS AND DETERMINES THAT:
WHEREAS, on October 2, 2002, applications requesting an Environmental and Design
Review Permit (ED02-089) and a Use Permit (UP02-065) for a new wireless telecommunications
facility located within a new mock chimney on the roof of an existing building at 250 Pt. San
Pedro Road were submitted to the Community Development Department, and were subsequently
deemed complete for processing; and
WHEREAS, the proposed project is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Sections 15303 (New Construction or
Conversion of Small Structures) and 15311 (Accessory Structures) of the CEQA Guidelines. No
special circumstances, such as a sensitive environmental location, hazardous materials, or
historic resources have been identified during review of the project, which would require
environmental review. Additionally, the facility would be in compliance with the American
National Standards Institute (ANSI) standard for safe levels of exposure to radio frequency (RF)
levels adopted by the Federal Communication Commission (FCC). At this particular site, RF
levels are approximately 2% of the maximum acceptable public exposure limit; and
WHEREAS, on November 13, 2002, the Zoning Administrator held a duly -noticed public
hearing to consider the Environmental and Design Review Permit and Use Permit applications at
which time the Zoning Administrator accepted and considered all oral and written public
testimony, and approved the project; and
WHEREAS, within the statutory appeal period an appeal of the Zoning Administrator's
decision was filed together with the required filing fee; and
WHEREAS, on February 25, 2003, the San Rafael Planning Commission held a duly -
noticed public hearing on the appeal, accepting all oral and written public testimony and the
written report of the Department of Community Development; and
WHEREAS, on February 25, 2003, the Planning Commission adopted a resolution by a
vote of 5-0-2 (Commissioners Scott and Alden absent) denying the appeal and upholding the
Zoning Administrator's approval of the project; and
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WHEREAS, within the statutory appeal period an appeal of the Planning Commission's
decision was filed together with the required filing fee; and
WHEREAS, on May 5, 2003, the City Council held a duly -noticed public hearing on the
appeal, accepting all oral and written public testimony and the written report of the Department
of Community Development.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael does hereby deny the appeal of the Planning Commission's decision and upholds the
approval of Environmental and Design Review Permit and Use Permit applications for the
installation of a wireless telecommunications facility at 250 Pt. San Pedro Road based on the
following findings and conditions of approval:
Environmental and Design Review Permit (ED02-89)
Findings
1. The proposed design is in accord with the General Plan, the objectives of the Zoning
Ordinance, and the purposes of Chapter 25 (Design Review Permits) given that: a) the
proposed improvements are consistent with policies of the General Plan as identified in Use
Permit Finding #1 below; b) the project was reviewed by the Design Review Board on
October 22, 2002, for conformance with the applicable design criteria of the Zoning
Ordinance and the Board determined that the proposed wireless telecommunications facility
would be effectively screened from public view, would meet with the design standards for
wireless telecommunications facilities, and would be consistent with the existing building
architecture; c) the height of the chimney is within the allowable height limits established for
the District; and d) the design has been reviewed by the Design Review Board for consistency
with the design criteria established in Chapter 25 (Environmental and Design Review
Permits) and was recommended for approval.
2. The project design is consistent with all applicable site, architecture and landscaping design
criteria and guidelines for the Marine Commercial — Canal Overlay (MC -C) District in which
the site is located given that: a) the project would comply with the City's General Plan as
identified in Use Permit Finding # 1 below; b) the new mock chimney would be constructed
to match the existing building architecture and screen the antenna on the roof from public
view as required by the criteria established for review of wireless telecommunications
facilities; c) the new chimney would not exceed height limits established for the District; d)
the fence around the ground equipment would adequately screen the equipment from off-site
view; and e) the screening fence would comply with the height limits for fences.
3. The project design minimizes adverse environmental impacts given that the project: a) would
not entail any tree removal or grading; b) would operate at 2% of the maximum exposure
limits established for safe exposure to RF emissions as regulated by the FCC; c) has been
reviewed by all appropriate City departments and public agencies and conditions of approval
are included to address their concerns; d) would be built in compliance with all applicable
local, state and federal building codes and health and safety standards; and e) is categorically
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exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15303
and 15311 of the CEQA Guidelines.
4. The project design would not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity in that: a) the antenna
would be installed per the Uniform Building Code (UBC) and operated in accord with the
FCC regulations; b) the proposed facility would operate within 2% of the maximum
allowable public RF exposure limits established by the FCC; c) the project has been reviewed
by the appropriate City departments and conditions have been included to ensure the
continued health, safety and welfare of the surrounding neighborhood; d) the proposed
facility would comply with the City's General Plan as identified in Use Permit Finding # 1
below; and e) the antenna would be located on a site designated for wireless
telecommunications facilities subject to obtaining a Conditional Use Permit.
Use Permit (UP02-65)
Findings
1. The proposed wireless telecommunications facility at 250 Pt. San Pedro Road would be in
accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the
Marine Commercial -Canal Overlay (MC -C) Zoning District in which the site is located given
that the project would be consistent with the following policies of the San Rafael General
Plan 2000:
• Land Use - The proposed project would be consistent with Land Use Policies LU -
13.i (Marine Related Land Use Designation), LU -19 (Design Approach), LU -21b
(Building Height — Non residential areas), LU -22 (Bay and hillside views), LU -29
(Tree Preservation), and LU -35 (Project Design Considerations), specifically LU35.b
(Compatible Colors, Materials, and Scale), LU35.c (Use of Quality Building
Materials), LU -35.d (Creation of Building Interest), LU -35.k (Incorporation of
Fire/Police Safety Concerns), and LU36.c (Canal frontage) in that the project: a) was
reviewed by the Design Review Board for conformance with Chapter 25 of the
Zoning Ordinance, which implements the applicable General Plan design policies
(LU -19 through LU -36) and the project design was recommended for approval; b)
would not result in a change in use of the property, which are allowable uses in the
Marine Related designation; c) has incorporated high quality building materials and
utilizes complementing exterior finishes; d) would effectively screen the wireless
telecommunications facility from off-site view; e) would preserve views of the canal
and limit height to protect views; and f) proposes a design that would be compatible
with the existing structure on the property and those in the surrounding neighborhood
in terms of height, massing, colors and materials.
• Safety - The project would also be consistent with Safety Policies 5-13 (Flood
Protection New Development), S-21 (Fire Safety of New Buildings), 5-23 (Safety
Review of Development Projects), and 5-29 (Functioning Public Utilities Following
Earthquakes) in that the project would meet the standards of the UBC, would be
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constructed above the 100 -year flood level, and has been designed to meet the Police,
Fire, and Public Works Departments project safety design requirements, and would
provide better cellular telephone service in the area to help in emergencies.
• Noise - Consistent with Noise Policy N-11 (Commercial and Industrial Project), the
facility would operate within the limits established by the City's recently adopted
Noise Ordinance.
2. The proposed wireless telecommunications facility located in a mock chimney on the existing
building at 250 Pt. San Pedro Road would not be detrimental to the public health, safety or
welfare, nor materially injurious to properties or improvements in the vicinity given that: a)
the equipment would be located entirely on-site; b) use of the equipment is regulated by the
FCC and would operate within the maximum RF exposure limits established by the FCC; c) a
building permit would be required to ensure the project is constructed properly; and d) the
project has been reviewed by applicable City departments and public agencies and conditions
of approval are proposed to protect the public health, safety and welfare including Use Permit
condition of approval #2 requiring the verification of compliance with the FCC's RF
exposure standards 20 days after the installation of the facility and on a yearly basis
thereafter.
3. The proposed wireless telecommunications facility would comply with the applicable
provisions of the Zoning Ordinance given that the proposed facility would comply with all
property development standards for the MC -C District including the height limit and setbacks
as identified in Environmental and Design Review Permit Finding #2 above and the project
has been reviewed by the Design Review Board for consistency with the design related
provisions of the Zoning Ordinance as identified in Environmental and Design Review
Permit Findings #1 and #2 above.
4. The project will not have a significant environmental impact as identified in Environmental
and Design Review Permit Finding #3 above.
Environmental and Design Review Permit/Use Permit
Conditions of Approval
1. The antenna approved under this Environmental and Design Review Permit and Use Permit
shall be screened with a mock chimney at all times as shown on plans submitted with the
project applications. Any modifications to the approved facility shall be submitted to the
Planning Division and may be subject to review and approval of the Zoning Administrator.
2. Once the proposed antenna and equipment are installed and have been in operation for 20
days, and on an annual basis thereafter, the service provider shall conduct tests to verify
compliance with the FCC's RF emission standards and any ordinance adopted by the City of
San Rafael. Such testing shall be conducted during normal business hours and on a non -
holiday weekday with the facility operating at maximum power and shall measure the total
RF emissions at the site. The service provider shall submit the results of this testing to the
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Community Development Department and shall be required to fund all costs associated with
peer review of the test results. The process and timeline for the annual review (following the
required review 20 days after the installation of the facility) shall be superceded by the
requirements contained in any future Telecommunications Ordinance adopted by the City of
San Rafael. If the facility is found to be operating outside of FCC standards, it shall be
removed.
3. In the event that the mock chimney or associated equipment is damaged in any way, the
facility shall be properly repaired and restored to its original size, location and configuration.
4. The service provider shall properly maintain this facility during the life of the permit. In the
event that the antenna become obsolete and abandoned, the antenna, mock chimney and
associated ground equipment shall be removed from the site within 30 days of abandonment.
The service provider shall notify the Planning and Building Divisions within 10 days of
abandonment. The removal of the entire facility shall take place within 20 days of the
notification of the abandonment and shall be restored to the design prior to the installation of
the mock chimney. Failure to remove the equipment shall be subject to action by the City's
Code Enforcement Division.
5. The Environmental and Design Review Permit and Use Permit for the proposed
telecommunications facility shall be valid for the life of the facility provided that a building
permit has been issued or a time extension request submitted within two years of City
Council approval, or by May 5, 2005. Violation of any of these conditions of approval may
result in revocation of the Use Permit.
6. If technology improvements or developments occur which would allow the use of materially
smaller or less visually obtrusive equipment, or equipment that generates less RF emissions,
the service provider shall be required to replace or upgrade this facility.
I, JEANNE M. LEONCI I, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the 5th day of May, 2003 by the following vote, to
wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSENT/ COUNCILMEMBERS:
DISQUALIFIED:
Heller, Miller and Acting Mayor Cohen
None
Phillips
Mayor Boro (Due to Conflict of Interest)
JEANNE M. LEONCM, City Clerk
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