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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 .,_ \\1�5 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 z 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 I 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 4 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 5