HomeMy WebLinkAboutCC Resolution 10763 (Denying MERA Appeal)RESOLUTION #10763
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING AN APPEAL
AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO: A)
ACCEPT THE MARIN PUBLIC SAFETY AND EMERGENCY
COMMUNICATIONS SYSTEM (MERA) CERTIFIED FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR), B) ADOPT THE SECOND
ADDENDUM TO THE FEIR, C) APPROVE THE MITIGATION MONITORING
AND REPORTING PROGRAM, D) APPROVE THE STATEMENT OF
FINDINGS OF OVERRIDING CONSIDERATION AND E) APPROVE THE
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED00-53) AND USE
PERMIT (UP00-43) FOR THE INSTALLATION OF TELECOMMUNICATIONS
FACILITIES AT SAN RAFAEL/DOLLAR HILL FOR THE MARIN PUBLIC
SAFETY AND EMERGENCY COMMUNICATIONS RADIO SYSTEM (MERA)
San Rafael/Dollar Hill, Robert Dollar Drive, AP 11-051-02, San Rafael, CA
The City Council of the City of San Rafael finds and determines:
WHEREAS, the Marin Emergency Radio Authority (MERA) has designed
a new wireless communications system, which proposes key facilities on 17
sites/ properties located throughout Marin County and Sonoma County that link
the interdependent system. Three (3) of the sites/ locations proposed for wireless
communication facility operations are proposed in the City of San Rafael; and
WHEREAS, on February 24, 2000, the Board of Directors of the MERA,
serving as a Lead Agency, adopted Resolution 00-01, certifying the Final
Environmental Impact Report (FEIR), approving a Statement of Findings and
Fact of Overriding Considerations and approving the Mitigation Monitoring and
Reporting Program (MMRP) for the Marin Emergency Communication System
project, which addresses development of the communication facilities on all 17 of
the selected sites/ locations. Three (3) of these facilities are located in San Rafael;
and
WHEREAS, in April 2000, the Marin Emergency Radio Authority (MERA)
filed an Environmental and Design Review application (ED00-53) with the City
of San Rafael for the proposed telecommunications facilities located at San
Rafael/Dollar Hill. The San Rafael/Dollar Hill site constitutes the "hub" of this
linked system. On August 8, 2000, the Environmental and Design Review
application was reviewed by the Design Review Board (DRB), which resulted in:
a) minor changes to the tower dimensions and placement of microwave from the
tower presented in the FEIR proposed for this site and b) a recommendation to
co -locate existing antenna facilities with the proposed MERA facilities at this site.
Subsequently, in September, 2000, MERA filed an application for a Use Permit
(UP00-43) for current communication facilities at the San Rafael/Dollar Hill site;
and
ORIGINAL
WHEREAS, as part of project review, the City determined that the minor
design changes to the proposed facilities, including the co -location of existing
antennas at San Rafael/Dollar Hill would not result in any new or expanded
environmental impacts than those addressed in the MERA certified FEIR.
Consistent with the provisions of Section 15164 of the California Environmental
Quality Act, an Addendum to the previously certified FEIR for the Marin
Emergency Radio Authority project was prepared to acknowledge the proposed
project changes; and
WHEREAS, on September 12, 2000 and November 14, 2000, the San Rafael
Planning Commission held duly noticed public hearings on the proposed
Environmental and Design Review Permit (ED 00-53) and Use Permit (UP 00-43)
for the San Rafael/Dollar Hill site for the Marin Public Safety and Emergency
Communications Radio System, accepted public testimony and considered the
findings and recommendations in the written report of the Community
Development Department staff. On a 5-0-2 vote (O'Brien and Scott absent), the
Planning Commission adopted Resolution 00-31, accepting the MERA certified
FEIR, adopting the Addendum to the FEIR approving the Mitigation Monitoring
and Reporting Program (MMRP) and conditionally approving the Use Permit
and Environmental and Design Review Permit; and
WHEREAS, on November 21, 2000, an appeal of the Planning
Commission decision on the MERA project for the San Rafael/Dollar Hill site
was filed by Michael Van Zandt, attorney at law representing the San Rafael Hill
Tower Committee, consisting of residents in the Graceland, Chula Vista and
Fairhills neighborhoods; and
WHEREAS, following the decision of the Planning Commission and the
filing of the appeal by Michael Van Zandt, minor changes to the project setting
and description were acknowledged by City staff and entered into the record.
The minor change in the "setting' relates to additional antennas that were
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the project eliminates the co -location of existing antennas and related facilities at
the San Rafael/Dollar Hill site. Consequently, a Second Addendum to the FEIR
was prepared to reflect these minor changes. This Second Addendum to the
FEIR, dated January 17, 2001 is in the form of a memorandum to the file and is
attached as Exhibit "2-A" of this resolution; and
WHEREAS, on Monday, January 22, 2001, the City Council conducted a
duly noticed public hearing on the appeal of the Planning Commission decision
on the MERA project proposed for the San Rafael/Dollar Hill site, accepting
public testimony, reviewing the issues addressed in the appeal, reviewing the
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written report of the Department of Community Development and considering
the recommendations of the Planning Commission.
NOW THEREFORE BE IT RESOLVED, that the San Rafael City Council,
serving as a Responsible Agency, hereby denies the appeal filed by Michael Van
Zandt, attorney at law, and upholds the Planning Commission decision to: a)
accept the FEIR certified by MERA, based on the findings required by Section
15091 of the California Environmental Quality Act, which are provided in Exhibit
2-B (Findings of Fact) of this resolution; b) approve the Mitigation Monitoring
and Reporting Program (MMRP) presented in attached Exhibit 2-C; and c) finds
that the Second Addendum to the FEIR has been prepared in accordance with
the required CEQA and State Guidelines and hereby adopts the Addendum,
presented in Exhibit 2-A of this resolution, based on the following findings:
CEQA Findings
1. There is substantial evidence in the record that the Second Addendum to the
FEIR, attached hereto as Exhibit 2-A, in conjunction with the Marin
Emergency Communications System Final Environmental Impact Report
(FEIR) certified by the Marin Emergency Radio Authority Board of Directors
on February 24, 2000, adequately addresses all potential environmental
impacts associated with the project and the project amendments mandated
by the City of San Rafael Environmental and Design Review Permit and Use
Permit process.
2. As proposed, the adoption of a Second Addendum to the certified FEIR is
appropriate and consistent with the provisions of Section 15164 of the
California Environmental Quality Act (CEQA), in that the proposed project
involves only minor changes in the description of the originally proposed
project for the San Rafael/Dollar Hill site and acknowledges minor changes
in the setting. These minor changes do not result in any changes or additions
to the previously studied environmental impacts, nor would they result in
any significant environmental impacts or changes in recommended
mitigation measures.
3. The CEQA Findings of Fact, attached hereto as Exhibit 2-B are hereby
incorporated by reference into this Resolution.
BE IT FURTHER RESOLVED, that the San Rafael City Council denies the
appeal filed by Michael Van Zandt, attorney at law, and upholds the Planning
Commission decision to approve the Environmental and Design Review Permit
(ED00-53) and Use Permit (UP00-43), based on the following findings and
Statement of Findings of Overriding Considerations and subject to the following
conditions:
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Findings for Environmental and Design Review Permit (ED00-53)
1. As designed and conditioned, the proposed communication facilities at this
location would conform to the pertinent design standards and policies
established in the San Rafael General Plan 2000, specifically General Plan
policies LU -48 (Police and Fire Services), S-1 (Location of Future
Development), S-26 (Emergency Response) and NE -10 (Utilities in Open
Space) by: a) promoting the development of needed, state-of-the-art
emergency communication facilities for fire, police and paramedic services, b)
by locating these facilities in an area where potential danger to the health and
safety of the residents of the community can be adequately mitigated, c)
locating the facility in an area that has been used for telecommunications
facilities for approximately 40 years, d) proposing improvements that would
result in a floor area ratio that would be far below the General Plan limits
(FAR of 0.0022) and e) designing the facility to have the minimum visual
impact on the community. Secondly, the proposed facilities, as designed and
conditioned, would be consistent with the design criteria for approval of
Environmental and Design Review applications, provided in Chapter 25 of
the San Rafael Zoning Ordinance (Section 14.20.050), as well as the specific
objectives and purposes of this municipal code chapter, in that: a) the
improvements are competently designed to preserve the inherent
characteristics of the hillside and are sensitive to the natural hillside setting,
b) the improvements are designed and have been revised to minimize visual
impacts to the extent feasible and c) the Design Review Board recommended
approval of this project, finding that, the design of the improvements are
appropriate for the site and compatible with other similar, existing
communication improvements at similar locations.
2. The project design is consistent with all -applicable site, architecture, and
landscaping design criteria for the P/OS (Park/ Open Space) District, in that
the location of the proposed improvements would be concentrated/ grouped
in the general area of existing improvements to minimize visibility.
Additionally, the subject property has historically been the site of
telecommunications facilities, thus minimizing harm to the visual quality of
the area. As designed and conditioned, the improvements would be
compatible with the present facilities and compatible with the setting on San
Rafael/Dollar Hill.
3. The project, as designed and as conditioned to comply with the required
mitigation measures identified in the Marin Emergency Communications
System Final Environmental Impact Report (FEIR) and the accompanying
Mitigation Monitoring and Reporting Program, will not result in any
significant effect on the environment that cannot be mitigated to less -than -
significant levels, with the exception of aesthetic and visual impacts. The
FEIR certified by the MERA Board of Directors on February 24, 2000,
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identified and adequately analyzed all potential environmental impacts
associated with the project improvements at this location. With regard to
aesthetic and visual impacts, the FEIR determined that all views of San
Rafael/ Dollar Hill will be significantly altered as a result of the visibility of
the proposed new tower, which has been determined to be a significant,
unavoidable impact that cannot be reduced to less -than -significant levels.
Specific consideration for the provision of improved emergency services
makes further mitigation measures or alternatives identified in the FEIR
infeasible. The aesthetic impacts are partially mitigated with an alternative
design, but these impacts are not reduced to a less -than -significant levels.
The FEIR has concluded that no special circumstances such as sensitive
environmental conditions, hazardous materials or historic resources were
identified during the review of this site and that implementation of specific
mitigation measures would ensure that those impacts deemed to be
significant can be mitigated to less -than -significant levels. Furthermore, the
proposed facility improvements will comply with the Marin County
Telecommunications Facilities Policy Plan adopted by the County of Marin
and recognized by the City of San Rafael. Finally, the proposed facility
improvements will comply with the American National Standards Institute
(ANSI) standards for safe levels of exposure to Radio Frequency
Electromagnetic Fields (RF) adopted by the Federal Communication
Commission (FCC) (47 CFR § 1.1310). These FCC adopted standards are used
throughout the Bay Area, the State of California and the United States as the
appropriate method for determining safe levels of RF exposure. Likewise, the
combined, cumulative effects of the proposed project facilities, the existing
telecommunication facilities at this location and the existing and approved
telecommunication facilities at the neighboring Westcom (Turrini) Tower
would be in compliance with the ANSI standards adopted by FCC. The
cumulative RF calculations at the property lines of six of the closest
residences indicate that the MERA facility adds between .002% and .1% of the
FCC standard, resulting in a cumulative RF generation from the combined
Westcom and City/ MERA facility of approximately 1 % of the Federal
Standard.
4. The project, as designed and as conditioned, will not be detrimental to the
public health, safety or welfare, nor be materially injurious to properties or
improvements in the vicinity of the site, in that: a) the improvements will
comply with the FCC adopted ANSI safety standards for human exposure to
RF frequencies; b) the improvements will be consistent with Uniform
Building Code (UBC) standards; c) the improvements will be located in an
undeveloped area that is not immediately contiguous to existing residences;
and d) the Design Review Board has reviewed the project and has
recommended design revisions to reduce the visual impacts of the facilities
from off-site.
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Findings for Use Permit (UP00-43)
1. The proposed public, telecommunication facility use at this location is
consistent with the San Rafael General Plan 2000 land use designation of
Parks/Open Space/ Conservation, and with the goals and policies of the
General Plan that are pertinent to this site and the use. Specifically, the
proposed use would be consistent with: a) General Plan Policy LU -48 (Police
and Fire Services), in that the project provides state -of -the art fire and police
communication facilities in order to maintain adequate fire, police and
paramedic services in San Rafael and throughout the entire MERA service
area; b) General Plan Policy S-1 (Location of Future Development), in that the
facilities will be located in an area where potential danger to the health and
safety of residents of the community would be adequately mitigated, c)
General Plan Policy 5-26 (Emergency Response), in that it will provide a
facility that is essential to emergency public services during natural
catastrophes for the entire Marin County area; and d) NE -10 (Utilities in
Open Space), in that the San Rafael/Dollar Hill facility has been used for
communications facilities for approximately 40 years and is ideally located to
service the downtown San Rafael area. Furthermore, the proposed use does
not conflict with the purpose or intent of the Park/ Open Space/ Conservation
General Plan designation for the site, in that the improvements would be
concentrated and localized in an area that is presently developed with similar
communication facility improvements and the proposed improvements have
been modified to reduce potential impacts to the visual or natural resources
of the area. In addition, the proposed public, telecommunication facility use
would be consistent with the objectives and purposes of the San Rafael
Zoning Ordinance, in that: a) the use promotes the goals and objectives of the
San Rafael General Plan (discussed above), b) fosters a harmonious
relationship between land uses by concentrating the use in an area of similar
uses/ facilities, and c) the improvements will result in a design that would
preserve and protect San Rafael/Dollar Hill as a natural resource.
2. The proposed use complies with each of the applicable provisions of the
Zoning Ordinance and the proposed use is in accord with the objectives of the
Zoning Ordinance and the purposes of the P/ OS District, in that: a) the
location of the proposed use is in one area on San Rafael/Dollar Hill, thus
minimizing harm to the visual quality of the area and b) the existing
telecommunication facility use has existed at this location for many years, and
the addition of an upgraded emergency communication facility is needed for
the public safety of the citizens of San Rafael and other neighboring
communities.
3. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety, or welfare, or materially injurious to
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properties or improvements in the vicinity or to the general welfare of the City in that:
a) the proposed facility improvements are designed to be in compliance with the
Marin County Telecommunications Facility Policy Plan adopted by the County of
Marin and recognized by the City of San Rafael; b) the proposed facility
improvements are designed to be in compliance with the American National Institute
(ANSI) standards for safe levels of exposure to Radio Frequency Electromagnetic
Fields (RF), adopted by the Federal Communication Commission (FCC) and used
throughout the Bay Area, the State of California and the United States as the
appropriate method for determining safe levels of RF exposure (47 CFR § 1.1310).
The cumulative RF calculations, which include the RF field of the existing and
approved telecommunication facilties at the neighboring Westcom (Turrini) Tower,
measured at the property lines at six of the closest residences, indicates that the
MERA facility adds between .002% and. I% of the FCC standard. This would result
in a cumulative RF generation from the combined Westcom and MERA facility of
approximately I% of the FCC standard; and c) the improvements would be designed
to be consistent with Uniform Building Code (UBC) standards; and d) the
improvements are proposed to be located in a remote, undeveloped area that is not
immediately contiguous to existing residences.
4. The proposed use is in compliance with the Marin County Telecommunications
Facility Policy Plan adopted by the County of Marin and recognized by the City of
San Rafael in that the project minimizes the impact of the facility by co -location in
the vicinity of the existing facilities, is not located in a residential area and has been
reviewed and modified to minimize visual impacts by lowering the microwave dishes
and tapering the tower after review by the City's Design Review Board.
Statement of Findings of Overriding Considerations
1. There are specific benefits, which warrant the approval of the proposed
project improvements at the San Rafael/Dollar Hill location notwithstanding
its significant, unavoidable aesthetic and visual impacts. These unavoidable,
adverse visual impacts are outweighed in that: a) the proposed project will
bring social, safety and medical benefits to Marin County and San Rafael
through operation of an emergency communication system dedicated to
providing communication between all emergency service providers in the
County and the City; b) law enforcement, fire, and paramedics will have the
ability to effectively communicate as a result of implementing this system; c)
the project will bring together outstanding technology to enhance daily
communication and to substantially improve communication during
emergencies; and d) this system will replace a current emergency
communication system that is obsolete and limited to two (2) channels.
Furthermore, the facility at the San Rafael/ Dollar Hill site is critical to the
operation of the MERA project as a whole in that the site is centrally located
to allow for full communication linkages to the other MERA sites and would
be located in a geographic area that serves the greatest amount of the service
population. Most importantly, the San Rafael/Dollar Hill site is centrally
located in the County and is the "hub" and backbone of the MERA system.
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2. The proposed project will improve public service and, as a result, implements
the San Rafael General Plan Safety Goals S-A and S -D by protecting the
community and ensuring that the City is prepared for an effective response
and recovery in the event of an emergency.
Conditions of Approval for Use Permit (UP 00-43) and
Environmental and Design Review Permit (ED 00-53)
1. This approval permits the construction and operation of a Marin Emergency
Radio Authority public safety and telecommunications site at the San
Rafael/Dollar Hill telecommunications facility off of Robert Dollar Drive.
The project approval includes: a tapered, 60 -foot self -supported lattice tower
accommodating all antennas. MERA antennas include two 4 -foot microwave
dishes both mounted 17 feet above grade, a 15 foot tall whip antenna at the
top of the tower, two 15 -foot "omni" antennas mounted at approximately 40
feet above grade and a prefabricated equipment shelter painted earth tones
with a low -hipped roof.
2. Approval of permit requires implementation and completion of all mitigation
measures in the Certified FEIR that are pertinent to the San Rafael/Dollar Hill
MERA site.
3. All perimeter fencing and gates shall be black vinyl chain link.
4. The building techniques, plans and materials shown on the plans revised
January 2001, with the landscaping recommendations made by the Design
Review Board on August 8, 2000, shall be the same as presented for building
permit approval. Any changes shall require review and approval of the
Community Development Department.
5. The new antennas shall be finished in a non -reflective paint to blend in with
the existing tower and antennas. Any future changes to the approved colors
shall be submitted for review and approval by the Community Development
Department.
6. The approved MERA facility, as well as any existing MERA equipment on
site must be dismantled and removed from the premises if it has been
inoperative or abandoned for a one-year period. Prior to issuance of a
building permit, the applicant shall enter into a standard Performance
Agreement with the City and post a bond or other suitable security in order
to guarantee removal of an abandoned facility. Upon abandonment of the
facility, all equipment, structures, and antennas shall be removed and the site
returned to its preexisting condition.
7. Exterior lighting shall be permitted for safety purposes only and shall be
manually operated, low wattage, hooded, and directed downward to
minimize visual effects. No exterior lighting is approved on the antennas,
mounts, support poles, or fencing as part of this application.
8. The approved facility shall operate in compliance with the Noise Standards
set forth in the San Rafael Zoning Ordinance. Normal testing and
maintenance activities shall occur between the hours of 7:30 a.m. and 5:00
p.m., Monday through Friday, excluding emergency repairs. Normal testing
and maintenance activities which do not involve the use or operation of
telecommunications and maintenance equipment that is audible from nearby
sensitive receptors may occur at all times. Back up generators, if any, shall
comply with the above -referenced noise standards, and shall only be
operated during power outages, emergency occurrences, or for testing and
maintenance as described above.
9. The Radio frequency electromagnetic fields (RF) generated by the approved
facility, in combination with other existing ambient sources of RF, shall not
expose the general public to RF levels which exceed the allowable standards
as adopted by the Federal Communications Commission (47 CFR §1.1310).
The RF Frequencies shall be monitored and a report prepared and submitted
to the City of San Rafael on a quarterly basis for the first two years following
this approval, and then monitored and reported semi-annually at the
discretion of the Community Development Director. This report shall
demonstrate compliance with the FCC standards. If the FCC establishes a
different standard for human exposure to RF, the applicant shall demonstrate
compliance with such standard by submitting a radio frequency report to the
City within 90 days of the effective date of the standard. The radio frequency
report shall determine conformance with the updated standard by calculating
the RF power levels of the approved facility in combination with other
existing ambient sources. The scope and monitoring locations used in this
study will be determined by the Community Development Director
10. Prior to project activity, temporary fencing shall be placed around the
dripline of mature oaks in the immediate vicinity of the San Rafael/Dollar
Hill site. No vehicles or materials shall be stored or parked inside this
fencing. Silt -fencing shall be installed if any excavation or soil disturbance
that could impact the oaks results from construction.
11. In order to mitigate impacts to air quality, the following requirements shall
apply: (a) Adhere to BAAQMD Regulation 11 Hazardous Pollutants Rule 2
for Asbestos Demolition, Renovation, and Manufacturing (b) construction
equipment shall be maintained at intervals recommended by manufacturers
in order to minimize exhaust emissions, (c) equipment idling shall be kept at
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a minimum when equipment is not in use, (d) construction truck trips using
nearby roadways shall be scheduled during non -peak hours, (e) equipment
and manpower shall be provided for watering exposed or disturbed soil
surfaces at least twice daily, including weekends and holidays, (f) stockpiles
of debris, soil, sand and other materials that may be blown by the wind shall
be covered and the covering anchored, (g) the construction area and all
adjacent paved streets shall be swept daily of all mud and debris, (h) any
truck transporting dust -producing materials that may be blown by the wind
shall be covered and all the covering anchored, (g) the construction area and
all adjacent paved streets shall be swept daily of all mud and debris, (h) any
truck transporting dust -producing materials leaving or entering the proposed
project site shall be covered, and nearby roadways shall be cleaned regularly
to reduce possible fugitive dust emissions outside the construction area, (i)the
speed of all construction vehicles shall not exceed 25 miles per hour on
unpaved surfaces, (j) during construction operations the project proponent
shall post a publicly visible sign on the site that specifies the telephone
number of a person/ agency to contact for complaints and/or inquiries on
dust generation and other air quality issues resulting from the proposed
project construction. (mitigation measure)
12. A design level geotechnical report shall be prepared for the approved
facilities. A qualified geotechnical engineer and engineering geologist should
prepare the document, and this design level report should provide criteria for
site preparation, pavement, and foundations. Site-specific earthquake forces
should also be identified and incorporated into the design of structures.
(mitigation measure)
13. All structures, including towers and earthworks, shall conform to the
applicable earthquake design standards such as the Uniform Building Code.
(mitigation measure)
14. The project shall employ specifications, applicable state, local and federal
requirements and typical utility installation practices, and limit the risk of
upset to occupants of the site and area residents. (mitigation measure)
15. The project shall establish and prepare a monitoring and emergency response
plan to be implemented during the operational phase of the proposed project.
The plan shall include periodic inspection for leaks, spillage, or delivery
problems and an appropriate response to the same. (mitigation measure)
16. The fuel load around proposed telecommunications sites shall be managed
within a 30 -foot perimeter. Grasslands should be cut or grazed during the
spring, summer and fall to minimize the fuel load. Nearby trees and shrubs
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shall be pruned of old growth. The understory should be cleared to prevent
the "ladder effect" spread of fire to the trees. (mitigation measure)
17. The fuel loads (i.e. grasses, brush) shall be reduced by mowing and pruning
to reduce the risk of fire ignition on the construction site. (mitigation
measure)
18. The contractor shall provide a water truck or portable water tank on-site
during all construction operations. The number and capacity of water trucks
or tanks shall be determined through coordination with the Marin County
Fire Department. (mitigation measure)
19. On-site fire response equipment (i.e. fire extinguishers, fire retardant
blankets, shovels, buckets) shall be maintained and clearly marked at each
project construction site. (mitigation measure)
20. The contractor shall ensure that all construction workers are trained in
workplace safety measures and the use of on-site fire response equipment.
(mitigation measure)
21. A wireless phone or other independent communication device shall be
located on-site and clearly identified at all times during project construction.
(mitigation measure)
22. The project shall utilize Best Management Practices (BMP) that locate
construction activities such as sanitary facilities and petroleum product
storage away from drainage courses, storm drain inlets, and other water
bodies to minimize toxic effects of petroleum products on aquatic organisms.
(mitigation measure)
23. Prior to project activity, it shall be determined whether any construction or
tree removal is proposed during the raptor -nesting season (February 15 to
July 15). If no construction or tree removal will occur during the raptor -
nesting season, no further mitigation will be necessary. However, if
construction or tree removal is proposed during the raptor -nesting season,
the following measures shall be implemented:
a. A focused survey for raptor nests shall be conducted by a qualified
biologist during the nesting season to identify active nests in the project
area. The survey shall be conducted no less than 14 days and no more
than 30 days prior to the beginning of construction or tree removal.
(mitigation measure)
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b. If nesting raptors are found during the focused survey, no construction or
tree removal shall occur within 500 feet of an active nest until the young
have fleged (as determined by a qualified biologist) (mitigation measure)
24. Access to the San Rafael/Dollar Hill MERA site for regular maintenance and
construction shall be by the Robert Dollar Drive access road. If access from
Robert Dollar Drive becomes impassible due to naturally occurring
circumstances such as storms or wildfire, temporary access may be from
Chula Vista.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a
special meeting of the City Council held on Monday, January 22, 2001.
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Vice -Mayor Miller
NOES: COUNCILMEMBERS: None
ABSENT/
DISQUALIFIED: COUNCILMEMBERS: Mayor Qoro (due to potential conflict of interest)
�.
JEA1<NE M. LEONCINI, City Clerk
Exhibit 2-A Addendum to FEIR
Exhibit 2-B CEQA Findings
Exhibit 2-C Mitigation Monitoring and Reporting Program
cresmra.doc
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EXHIBIT 2-A
CITY OF SAN RAFAEL
Department of Community Development
MEMORANDUM
DATE: January 17, 2001
TO: City File Nos. ED00-53 and UP00-43
RE: Marin Public Safety and Emergency Communication System: San
Rafael/Dollar Hill (APN 011-051-02)
SUBJECT: Second Addendum to the Certified Final Environmental Impact
Report — State Clearinghouse Number 99092073.
BACKGROUND AND CURRENT PROPOSAL
MERA Proiect
On February 24, 2000, the Board of Directors of the Marin Emergency Radio Authority
(MERA), serving as Lead Agency, certified the Final Environmental Impact Report
(FEIR) (State Clearinghouse No. 99092073) with findings pursuant to the California
Environmental Quality Act for the Marin Public Safety and Emergency Communications
System Project. The Detailed Design Document/Plans for the MERA project included
improvements at the San Rafael/Dollar Hill telecommunication site in the City of San
Rafael, which is one of 17 sites in Marin County and Sonoma County proposed for
emergency telecommunication improvements.
MERA originally proposed the following improvements at the San Rafael/Dollar Hill
site:
Construction of a 60 foot high, 3 1/2 foot wide, self supported, straight lattice tower, a
216 square foot equipment shelter with a flat roof, two - 4' diameter microwave
dishes, 4 radio antemias, a 45KW emergency generator, and a 499 gallon propane
storage tank.
• Removal of an existing 40 to 45 foot high wooden telecommunications pole, and 5
existing radio antennas.
Citv of San Rafael as Responsible Aeencv
The City of San Rafael is acting as a Responsible Agency in its consideration of whether
to approve the San Rafael/Dollar Hill component of the MERA system. Under CEQA, a
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Responsible Agency must certify that it reviewed the lead agency's EIR. (CEQA
Guidelines, § 15050, subd. (b).) Furthermore, a Responsible Agency is limited to
considering only those effects of the proposed project for which it is required by law to
carry out and approve. (Pub. Resources Code, § 21002. 1, subd. (e).) A Responsible
Agency's main recourse against an inadequate EIR prepared by a Lead Agency is to bring
suit within the statutory period, as would any other interested party. "As a general rule,
Responsible Agencies must use the EIR ... prepared by the Lead Agency, even if the
Responsible Agency believes that the document is inadequate." (Discussion following
GEQA Guidelines, § 15052.) If an EIR is certified by the Lead Agency and not
challenged within the statutory 30 day period, it is conclusively presumed to comply with
CEQA, unless: 1) there are substantial changes to the project, 2) there are substantial
changes in circumstances, or 3) new information becomes available which was not
available at the time of EIR certification. (Pub. Resources Code, §§ 21167.2, 21166,
subd. (c), CEQA Guidelines § 15162.) If the City determines that the MERA EIR is
inadequate, despite the presumption of compliance with CEQA, the City may assume
lead agency status for purposes of the proposed project site only if a subsequent EIR is
required under CEQA Guidelines section 15162. None of the circumstances warranting
the preparation of a subsequent EIR has occurred and the City may rely on the MERA
EIR. Thus, the City has determined that certain minor changes to the project and to the
project setting can be addressed in this Second Addendum.
Project Review by City of San Rafael
In April 2000, an Environmental and Design Review application was filed by MERA
with the City of San Rafael, serving as a Responsible Agency. This application (ED 00-
53) requested approval of the MERA telecommunication improvements at the San
Rafael/Dollar Hill site. On August 8, 2000, the Design Review Board (DRB) reviewed
several design options studied by MERA and recommended approval of certain changes
to the proposed improvements at the San Rafael/Dollar Hill site, from those approved by
MERA on February 24, 2000. These changes, which were agreed to by MERA are
described as follows:
1. The location and height of the proposed lattice tower are the same. However, the
dimensions of the tower and the locations of the microwave dishes are different
from that described in the certified Final EIR. The revised tower measures 4 1/2
feet in width at the base and tapers to 2 1/2 feet in width at a height of 20 feet
above ground level. The two microwave dishes have been lowered on the tower.
The dishes are both mounted at 17 feet above grade.
2. In addition, all the existing antennas and equipment on the other two existing
towers at the Dollar/San Rafael Hill site were recommended to be co -located on to
the new tapered tower. As a result, the two other existing towers at the site were
recommended for removal.
3. The roof on the radio shelter was changed from a flat roof to a hip roof.
2A-2
��I
4. The original proposed landscape plan was modified to setback landscaping 10 feet
from the proposed facilities as recommended by the San Rafael Fire Chief.
5. The current access road connecting to Robert Dollar Drive shall be used during
construction and for on-going project maintenance. However, access from Chula
Vista Drive will be allowed if Robert Dollar Drive becomes impassable due to
naturally occurring circumstances such as fire, storm or landslide. This restriction
is for MERA facilities only, and is not applicable to other existing providers on
the facility.
The changes recommended by the DRB were addressed by City staff in an Addendum to
the MERA E1R, dated August 28, 2000.
On September 12, 2000, the Planning Commission held public hearings on the three (3)
MERA project sites within the City of San Rafael. Following public testimony, the
Planning Commission continued the project for additional information. Subsequent to
the Planning Commission meeting, it was confirmed that a Use Permit was required for
the proposed facilities at the San Rafael/Dollar Hill site. In late September 2000, MERA
filed an application for a Use Permit (UP 00-53) for the San Rafael/Dollar Hill site.
On November 14, 2000, the Planning Commission held a second public hearing, which
included the proposed Use Permit and the design modifications recommended by the
DRB for the MERA improvements at the San Rafael/Dollar Hill site. The Planning
Commission voted 5 - 0 (two Commissioners absent) to approve the resolution
recommending acceptance of the MERA certified Final Environmental Impact Report
(FEIR), adopt the Addendum to the FEIR, approve the Mitigation and Monitoring and
Reporting Program, and approve the Environmental and Design Review Permit and Use
Permit for the San Rafael/Dollar Hill site.
Minor Changes in Setting and Approved Project
Since the November 14, 2000 action by the Planning Commission, two minor changes
have surfaced, which address the project setting and the approved project description.
These issues are discussed as follows:
Minor Change in Project Setting
Since the certification of the FEIR in February 2000, two antenna approvals have been
granted for the Westcom (Turrini) Tower, which is located near the San Rafael/Dollar
Hill MERA site. One of the two approvals was granted for WebPerception, LLC, a
wireless communication company (ED 00-28, approved July 19, 2000). This approval
authorized the installation of four antennas. The effective radiated powers of these
antennas are 153 watts, 9.7 watts, and two antennas with 12.2 watts each. The antennas
are located a minimum of 65 feet above ground level. Because of the very low
frequencies involved in this site, no Radio Frequency (RF) exposure analysis was
necessary prior to the City's approval. The second approval was for Ricochet Metrocom
2A-3
(ED 00-71, approved July 5, 2000). The tower consists of 8 panel antennas to be
mounted at a height of 83 feet with an ERP of 1,262 watts. The RF analysis for this site
is attached hereto as Exhibit 2A.1.
The maximum ambient RF levels anywhere at ground level due to the proposed Metricom
facility are calculated to be 0.59% of the applicable public exposure limit, with the
maximum RF levels due to the Web Perception facility calculated to be 0.1 % of the
applicable public exposure limit. Therefore, even if the maximum fields from all
facilities on San Rafael Hill are coincident with the highest calculated existing fields, the
maximum would only increase from 68% to 68.7% of the applicable public exposure
limit.
While these additional antennae are proposed for the neighboring Westcom (Turrini) site
and have no relationship with the subject San Rafael/Dollar Hill MERA site, their
approval should be recognized as a minor change in the project setting. The technical
analyses completed for the MERA FEIR include an analysis of radio frequencies from all
existing facilities on both the subject San Rafael/Dollar Hill and the neighboring
Westcom (Turrini) sites. The addition of these recently approved antennae would result
in a negligible increase in the RF Levels that were recorded and reported in the MERA
FEIR.
Elimination of "Co -location" of Existing Facilities
Upon further research, City Staff has determined that the "co -location" of existing
antennae and equipment that was included in the Use Permit and Environmental and
Design Review Permit approved by the Planning Commission is not recommended at this
time. While "co -location" of existing facilities is preferred and consistent with City
policy, there is some question about the legal status of the existing antennae and facilities,
which cannot be resolved without further research and appropriate determination by the
City. Thus, the co -location aspect of the DRB's recommendations is no longer part of the
project. Thus, change 2, listed in the "Project Review by City of San Rafael" section
above, has been deleted, retaining DRB recommendations 1 and 3-5.
Use of An Addendum for Minor Changes
The project and the setting have been slightly modified from that described in the MERA
FEIR and from that described in the Addendum to the MERA FEIR, dated August 28,
2000.
The purpose of this memorandum is to: a) consider whether the current revisions to the
project description and the minor changes in the setting from those descriptions contained
in the MERA FEIR are within the scope of the prior environmental review and b) shall
serve as an Addendum, as described in CEQA Guidelines section 15164.
2A-4
Section 15164 of the CEQA Guidelines provides that: "a responsible agency shall prepare
an addendum to an EIR if: (1) None of conditions described in Section 15162 calling for
preparation of a subsequent EIR have occurred; (2) Only minor technical changes or
additions are necessary to make the EIR under consideration adequate under CEQA; and
(3) The changes to the EIR made by the addendum do not raise important new issues
about the significant effects on the environment." CEQA Guidelines section 15162
subdivision (a)(1) requires that a subsequent EIR be prepared when: "[s]ubstantial
changes are proposed in the project which will require substantial revisions of the
previous EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects." Under
CEQA, an addendum does not need to be circulated for public review, and can be
included in or attached to the previously certified FEIR. The responsible agency must
consider the addendum in conjunction with the certified FEIR, prior to making a decision
on the project.
As discussed below, the design revisions to the project recommended by City staff and
agreed to by the applicant (MERA) would involve only minor tower design changes and
would not result in any new significant impacts on the environment or alter the efficacy
of other mitigation measures contained in the FEIR. Consequently, pursuant to CEQA
Guidelines Section 15162 and 15164, the Department of Community Development has
concluded that no new significant impacts would result from the proposed changes in the
tower design and relocation of proposed and existing microwave dishes and antennas.
Furthermore, no changes in circumstances involving new potential significant impacts
have occurred since the FEIR was certified in February 2000, and no new information has
come to light that would involve the potential for new significant impacts no discussed in
the FEIR. (See CEQA Guidelines section 15162, §§ (a)(2), (a)(3).)
ENVIRONMENTAL ANALYSIS
The modifications in tower design, and lower heights of the microwave dishes for the San
Rafael/Dollar Hill site will further mitigate the visibility of the two towers from off-site
view points. This additional mitigation associated with the recommended tower design
will not change the conclusions reached in the certified FEIR. The change in visual
character resulting from the construction of the towers will remain environmentally
significant. Furthermore, the proposed modifications to the roof design of the equipment
shelter and the landscape plans for the San Rafael/Dollar Hill site sre minor in nature and
will not result in any changes to the findings made in the certified FEIR.
The use of the existing dirt access road, which connects with Robert Dollar Drive, may
require pruning some of the existing tree branches, which hang over the access road. The
pruning of trees will not result in the loss or removal of any tree and would not result in a
significant environmental impact. Accordingly, the vegetation and wildlife habitat
impacts of the project remain unchanged from those described in the certified FEIR.
Moreover, the use of the dirt access road will lessen potential noise impacts during
construction on neighbors to the site.
2A-5
CONCLUSION
As discussed above, the recent minor design changes to the project and to the project
setting will not result in any substantial changes in the potential environmental effects of
the proposed MERA Project, as analyzed in the certified FEIR. Accordingly, no
supplemental or subsequent EIR is required and no further environmental evaluation is
necessary pursuant to the CEQA Guidelines Sections 15162, 15163 and 15164.
The certified FEIR for the Marin Public Safety and Emergency Communication System,
together with this Second Addendum, will constitute the environmental document for the
San Rafael/Dollar Hill component of the MERA project covered by UP 00-43 and ED 00-
53. This "Second Addendum" supersedes the August 28, 2000 Addendum.
Attachment: Exhibit 2A.1.
Adndm2.doc
2A-6
EXHIBIT 2A.1
Metricom, Inc. • Proposed WCS Station (Site No. SFCW-94901 196)
Westcom Communications Tower - Chula Vista Drive • San Rafael, California
Statement of Hammett & Edison, Inc., Consulting Engineers
The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of
Metricom, Inc., a wireless telecommunications carrier, to evaluate the proposed WCS base station
facilities to be located on the Westcom Communications Tower off Chula Vista Drive in San
Rafael, California (Metricom Site No. SFCW-94901196), for compliance with appropriate
guidelines limiting human exposure to radio frequency electromagnetic fields.
Prevailing Exposure Standards
The U.S. Congress has required of the Federal Communications Commission ("FCC") that it
evaluate its actions for possible significant impact on the environment. In Docket 93-62, effective
October 15, 1997, the FCC adopted the human exposure limits for field strength and power density
recommended in Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency
Electromagnetic Fields," published in 1986 by the National Council on Radiation Protection and
Measurements ("NCRP"). A summary of the exposure limits contained in NCRP-86 is shown in
Figure 1. Separate limits apply for occupational and public exposure conditions, with the latter
limits generally five times more restrictive. The more recent American National Standards
Institute ("ANSI") Standard C95.1-1992, "Safety Levels with Respect to Human Exposure to
Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes nearly identical exposure
limits.
The most restrictive thresholds for exposures of unlimited duration to radio frequency ("RF")
energy for several personal wireless services are as follows:
Personal Wireless Service Ooeratine Freauencv
Metricom "Ricochet" WCS 2,300 MHz
Personal Communication ("PCS") 1,900
Cellular Telephone 870
[most restrictive frequency range] 30-300
Occupational Limit Public Limit
5.0 mW/cm2 1.0 mW/cm2
5.0 1.0
2.9 0.58
1.0 0.20
General Facility Requirements
Because of the short wavelength of the frequencies assigned for personal wireless services, the
antennas require line -of -sight paths for their signals to propagate. Antennas for base station use
are designed to concentrate their energy toward the horizon, with very little energy wasted toward
the sky or the ground. Along with the low power of such facilities, this means that it is generally
not possible for exposure conditions to approach the limits without being physically very near the
antennas.
HEMHAMMETT & EDISON, INC. 000204-W196
CONSULTING ENGINEERS
SAN FRANCISCO -- Page 1 of 4
Metricom, Inc. • Proposed WCS Station (Site No. SFCW-94901 196)
Westcom Communications Tower • Chula Vista Drive • San Rafael, California
Computer Modeling Method
The FCC has provided direction for determining compliance in the Office of Engineering and
Technology Bulletin No. 65, "Evaluating Compliance with FCC -Specified Guidelines for Human
Exposure to Radio Frequency Radiation," dated August 1997. The attached Figure 2 describes
the ground level calculation methodology in detail and the computerized techniques for modeling
particular sites. This method of evaluating expected exposure conditions is accepted by the FCC,
and its conservative nature has been verified by numerous field tests.
Site and Facility Description
The Westcom Site presently consists of a three -leg communications tower, of approximately
100 feet in height, occupied by about 20 omnidirectional whip antennas, 14 panel antennas, 5 Yagi
antennas, 2 dipole antennas, and a 6 kW Radio Station, KJQI-FM. Based upon information
provided by Metricom, including architectural drawings by Delta Groups Engineering Inc., dated
May 1, 2000, it is proposed to mount up to 8 panel antennas on the tower. The antennas would be
mounted in 4 groups of up to 2 each, to provide service in 4 different compass directions, called
sectors. Sector orientations of 0°T, 900T, 180°T, and 270°T are proposed, with a height above
ground level of about at least 83 feet and with a maximum effective radiated power in any direction
of 1,262 watts, representing 2 channels operating simultaneously at 631 watts per channel. There
are no nearby buildings of similar height.
Measurement Procedure and Results
The site was visited by Mark D. Neumann, a qualified engineer employed by Hammett & Edison,
Inc., on June 18, 1999, and January 10, 2000. The measurement equipment used was a Wandel &
Goltermann Type EMR -300 Radiation Meter with a Type 25 Isotropic Electric Field Probe (Serial
No. P0008, last calibrated by the manufacturer on January 20, 1999). Testing was conducted in
compliance with FCC guidelines for the measurement of RF emissions and was conducted during
normal business hours on a non -holiday weekday. At each test point, the measurement results
were compared with applicable FCC standards. The maximum ambient RF levels anywhere at
ground level measured 52% of the most restrictive public exposure limit; this occurred midway
between the Westcom Tower and the Dollar Hill communications site to the south, about 100 feet
south of the Westcom Tower, with the primary contribution at this point coming from the FM
station and the cellular facilities at the communications site. The maximum ambient RF levels
anywhere at ground level inside the fenced compound at the Westcom Tower measured 20% of the
applicable occupational exposure limit.
HETT & EDISON, INC. 000204-W 196
�
CONSULTING ENGINEERS
SAN FRANCISCO __ Paae 2 of 4
Metricom, Inc. • Proposed WCS Station (Site No. SFCW-94901 196)
Westcom Communications Tower • Chula Vista Drive • San Rafael, California
Study Results
The maximum ambient RF levels anywhere at ground level due to the proposed operation are
calculated to be 0.0059 mW/cm2, which is 0.59% of the applicable public limit, i.e., more than
150 times below the limit. It should be noted that this result includes several "worst-case"
assumptions and therefore is expected to overstate actual power density levels from the Metricom
operation. The maximum ambient RF levels anywhere at ground level due to the proposed
operation in conjunction with the tber'' le' existing communication facilities are therefore estimated
to be less than 53% of the applicable public limit, even if the areas of maximum field are coincident.
Recommended Mitigation Measures
As the tower site is fenced, access to the tower, and hence the Metricom antennas, is not
available to the general public. RF exposure levels in all publicly accessible areas are calculated
not to exceed the applicable public exposure limits, and therefore no mitigation measures are
necessary to meet public exposure guidelines. Such access ds would allow authorized personnel
to approach within 31/2 feet of the faces of the Metricom WCS transmitting antennas themselves,
up to 6 inches above or below the antennas, may result in exposures in excess of the occupational
limit and so should not be permitted while the site is in operation, unless other measures can be
demonstrated to ensure that occupational protection requirements are met. Posting explanatory
warning signs* near each transmitting antenna would be sufficient to meet FCC -adopted
guidelines.
Conclusion
Based on the information and analysis above, it is the undersigned's professional opinion that the
base station facilities proposed by Metricom at the Westcom Communications Tower off Chula
Vista Drive, San Rafael, California, can comply with the prevailing standards for limiting human
exposure to radio frequency energy and, therefore, need not for this reason cause a significant
impact on the environment. The highest calculated level in publicly accessible areas is much less
than the prevailing standards allow for exposures of unlimited duration. This finding is consistent
with measurements of actual exposure conditions taken at other operating base stations.
* Warning signs should comply with ANSI C95.2 color, symbol, and content conventions. In addition, contact
information should be provided (e.g., a telephone number) to arrange for access to restricted areas. The selection
of language(s) is not an engineering matter, and guidance from the landlord, local zoning or health authority, or
appropriate professionals may be required.
HEHAMMETT & EDISON, INC. 000204-W196
CONSULTING ENGINEERS
SAN FRANCISCO � Page 3 of 4
Metricom, Inc. - Proposed WCS Station (Site No. SFCW-94901 196)
Westcom Communications Tower - Chula Vista Drive - San Rafael, California
Authorship
The undersigned author of this statement is a qualified Professional Engineer, holding California
Registration Nos. E-13026 and M-20676, which expire on June 30, 2001. This work has been
carried out by him or under his direction, and all statements are true and correct of his own
knowledge except, where noted, when data has been supplied by others, which data he believes to
be correct.
Q�pFESSjO
F.
E-13026 William F. ammett, P.E.
CIO
3 j, 2
May 9, 2000 M-20676 n
CL LLI
Ems. 6-3041 �
HAMMETT & EDISON, INC. 000204-W196
CONSULTING ENGINEERS
SAN FRANCISCO _� Page 4 of 4
Freauencv
Applicable
Range
(MHz)
0.3-1.34
1.34-3.0
3.0-30
30-300
300- 1,500
1,500 - 100,000
National Council on Radiation Protection and Measurements
Report No. 86 (Published 1986)
"Biological Effects and Exposure Criteria
for Radiofrequency Electromagnetic Fields"
Radio Frequency Protection Guide
Electric
Field Strength
(V/m)
614 614
614 823.8/f
1842/f 823.8/f
61.4 27.5
3.54r 1.59r
137 61.4
Note: f is frequency of emission, in MHz.
1000—
Power
000-Power 100 -
Density 10 -
(mW/cm'- )
1—
0.1—
Contact 1000 —
Current
(mA) 100-
0.1
00-
0.1
HEHAMMETT & EDISON, INC.
CONSULTING ENGINEERS
SAN FRANCISCO
Electromaanetic Fields
Magnetic
Equivalent Far -Field
Field Strength
Power Density
(A/m)
(mW/cm'-')
1.63 1.63
100 100
1.63 2.19/f
100 180/p
4.89/f 2.19/f
900/f2 180/f'
0.163 0.0729
1.0 0.2
VU106 X238
f/300 f/1500
0.364 0.163
5.0 1.0
Occupational Exposure
Public Exposure — — —
I i i i
1 10 100 103
Frequency (MHz)
1 1
104 10'
Contact Currents
(m.A)
200
200
200
no limit
no limit
no limit
NCRP-86 Standard 3 3
_� Figure 1
RFR.GROUNDTM Calculation Methodology
Determination by Computer
of Compliance with Human Exposure Limitations
The U.S. Congress has required of the FCC that it evaluate its actions for possible
significant impact on the environment. In Docket 79-144, the FCC adopted the radio frequency
protection guide of the American National Standards Institute Standard C95.1-1982, "Safety
Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 300 kHz tc
100 GHz." Exposures are to be averaged over a six -minute period. In 1992, ANSI published a
revised standard, C95.1-1992, which defined "controlled" and "uncontrolled" environments,
setting for the latter limits generally five times more restrictive. The C95.1-1992 controlled (i.e.,
occupational) limits are approximately the same as in C95.1-1982. In Docket 93-62, the FCC
adopted the exposure limits for field strength and power density recommended in Report No. 86,
"Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in
1986 by the National Council on Radiation Protection and Measurements. This standard is very
similar to C95.1-1992, and the effective date for applying it to all FCC licensees was October 15,
1997.
The FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives the
formula for calculating power density from an individual radiation source:
2.56 x 1.64 x 100 x RFF2 x [VERP + AERP]
power density S = 4nD2 , in mW/cm2,
where VERP = 0.4 x total peak visual ERP (all polarizations), in kilowatts for NTSC,
= average power (all polarizations), in kilowatts for DTV,
AERP = total aural ERP (all polarizations), in kilowatts,
RFF = relative field factor at the direction to the actual point of calculation, and
D = distance from the center of radiation to the point of calculation, in meters.
The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a
reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half -wave dipole
relative to an isotropic radiator. The factor of 0.4 converts NTSC peak visual ERP to an average
RMS value; for FM, cellular, and PCS stations, of course, the value of VERP is zero. The factor of
100 in the numerator converts to the desired units of power density.
This formula has been built into a computer program by Hammett & Edison that calculates,
at each location on an arbitrary rectangular grid, the total expected power density from any number
of individual radiation sources. The program also allows for the description of the actual terrain at
the site to obtain more accurate projections.
HAMMETT & EDISON, INC. NlethodoloQ
CONSULTING ENGINEERS Methodology
SAN FRANCISCO __ Figure 2 ��
EXHIBIT 2-B
FINDINGS OF FACT PURSUANT TO SECTION 15091 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
FOR MERA COMMUNICATIONS PROJECT
SAN RAFAEL/DOLLAR HILL
I. OVERVIEW
A. Purpose of Findings
These findings relate to the Marin Public Safety and Emergency Communications
System, a telecommunications facilities project proposed by the Marin Emergency
Radio Authority, the lead agency. These findings are made and adopted by the City
of San Rafael, serving as a responsible agency, pursuant to Section 15091 of the
California Environmental Quality Act (CEQA). Per the provisions of Section
15091 of CEQA, these findings present a written analysis identifying one or more
significant effects of the portions of the project that is located within the City of San
Rafael, the findings for each significant effect and an explanation of the rationale
for each finding.
B. The Proposed Project
The proposed project is a public safety and emergency communications system that
consists of a network of microwave dishes, radio antennas and radio equipment.
The proposed facilities are proposed to replace the existing public agency
telecommunications systems. The new public communications system will be
constructed to allow regional or wide area conversations between dispatch operators
and mobile units operating throughout the County of Marin. The new facilities are
proposed for 17 facilities throughout Marin County, including the San Rafael/Dollar
Hill location, AP 11-051-02.
The San Rafael/Dollar Hill portion of the project consists of a tapered, 60 foot high
self supported lattice tower. Two 4 foot in diameter microwave dishes will be
mounted 17 feet above grade, a 15 foot tall whip antenna will be mounted at the top
of the tower and two 15 foot "omni" antennas will be mounted approximately 40
feet above grade. The project also includes an equipment shelter with a low -hipped
roof.
C. Marin Emergency Radio Authority (MERA) certified Final Environmental
Impact Report (FEIR)
The Marin Emergency Radio Authority (MERA), serving as a lead agency, prepared
a Final Environmental Impact Report (FEIR) for this project. The FEIR covers and
addresses the impacts related to the entire project (all 17 facilities locations). On
February 24, 2000, the MERA Board of Directors adopted Resolution 00-01,
certifying this FEIR. MERA found that the FEIR was prepared in accordance with
35
the provisions of CEQA, approved a Statement of Findings of Overriding
Considerations and approved a Mitigation Monitoring and Reporting Program
(NEVIRP). The adequacy of the MERA EIR was not challenged within the 30 day
statutory period and thus is presumed adequate. (Pub. Resources Code, §§ 21167.2,
21166, subd. (c).)
D. The City's Responsible Agency Status:
The City of San Rafael is acting as a Responsible Agency in its consideration of
whether to approve the San Rafael/Dollar Hill component of the MERA system.
Under CEQA, a Responsible Agency must certify that it reviewed the lead
agency's EIR. (CEQA Guidelines, § 15050, subd. (b).) Furthermore, a
Responsible Agency is limited to considering only those effects of the proposed
project for which it is required by law to carry out and approve. (Pub. Resources
Code, § 21002. 1, subd. (e).) A Responsible Agency's main recourse against an
inadequate EIR prepared by a Lead Agency is to bring suit within the statutory
period, as would any other interested party. "As a general rule, Responsible
Agencies must use the EIR ... prepared by the Lead Agency, even if the
Responsible Agency believes that the document is inadequate." (Discussion
following GEQA Guidelines, § 15052.) If an EIR is certified by the Lead Agency
and not challenged within the statutory 30 day period, it is conclusively presumed
to comply with CEQA, unless: 1) there are substantial changes to the project, 2)
there are substantial changes in circumstances, or 3) new information becomes
available which was not available at the time of EIR certification. (Pub.
Resources Code, §§ 21167.2, 21166, subd. (c), CEQA Guidelines § 15162.) If the
City determines that the MERA EIR is inadequate, despite the presumption of
compliance with CEQA, the City may assume lead agency status for purposes of
the proposed project site only if a subsequent EIR is required under CEQA
Guidelines section 15162. None of the circumstances warranting the preparation
of a subsequent EIR has occurred and the City relies on the MERA EIR and the
City -prepared Second Addendum for the environmental review of the San
Rafael/Dollar Hill component of the MERA system.
II. MITIGATION MEASURES AND CONDITIONS OF APPROVAL ADOPTED IN
FULL
MERA has modified the proposed project, by conditions of approval and
implementation of the Mitigation Monitoring and Reporting Program (MMRP) to
avoid or mitigate, to less -than -significant levels, all project impacts related to the
San Rafael/Dollar Hill location, with the exception of the significant, unavoidable
visual impacts at this site. Additional mitigation with regard to monitoring and
access have also been at the recommendation of the Planning Commission and City
Staff. The discussion, which follows under the sub -heading of "Facts" (Section F,
Findings Regarding Significant Impacts) summarizes each significant impact related
2B-2
to the San Rafael/Dollar Hill location, recites some of the background
environmental impact information related to the project and supporting evidence
substantiating how impacts have been reduced.
III. CONCURRENCE WITH POTENTIAL IMPACTS DETERMINED TO BE LESS -
THAN -SIGNIFICANT, REQURING NO FURTHER MITIGATION
The City of San Rafael has reviewed and considered the information in FEIR
Chapter V entitled, "Existing Conditions and Impacts." Thischapter concludes on
pages V-123 to V-132 that the project at the San Rafael/Dollar Hill site would cause
certain environmental impacts, which are less -than -significant, without the
imposition of mitigation. Therefore, the City of San Rafael, relying on the facts and
the analysis in the FEIR, concurs with the conclusions of the FEIR regarding the
less -than -significant environmental impacts of the proposed project.
IV. CEQA FINDINGS REGARDING SIGNIFICANT IMPACTS
The City of San Rafael acknowledges that the FEIR identifies certain environmental
impacts caused by the portion of the project at the San Rafael locations.and the City
recommends specific mitigation measures to reduce these impacts to less -than -
significant levels and the City of San Rafael accepts the FEIR as being adequate
according to CEQA. The City of San Rafael makes specific findings, for each
significant impact, pursuant to CEQA Section 21081(a) based not only on the FEIR,
but also on the evidence in the entire record, including written and oral testimony.
The following facts, findings and substantial evidence supporting findings, as they
relate to the portion of the project within the City of San Rafael do not repeat the
full analysis of the impacts and description of mitigation measures contained in the
documents making up the administrative record. The following discussion
references particular locations in the FEIR containing such information.
A. Aesthetic Resources
Impact VIS -4. San Rafael/Dollar Hill
Facts
The FEIR found that both distant and close-up views of San Rafael/Dollar Hill will
be significantly adversely altered as a result of the visibility of the proposed new
tower and the installation of communication improvements. This is a significant
unavoidable impact. The potential impact is discussed on pages V-126 through V-
128 of the DEIR.
CEOA S 21080 (a) findinias
►�
31
Specific economic, legal, social, technological, or other considerations, including
considerations for the provision of adequate emergency services, make further
mitigation measures or alternatives infeasible. The impacts are, however, partially
mitigated, but not to a less -than -significant level.
Evidence SUDDortina the Findina
Based on the EIR and the entire record, aesthetic impacts will be mitigated to the
extent feasible by the imposition of mitigation measure VIS -4 (b) — (d):
b) The upper portion of the tower will be painted with reflective paint
so as to reflect existing sky conditions and reduce the effect of contrast. The
lower portion of the tower, including the microwave dishes, will be painted
dark green;
c) The equipment building will be designed to incorporate architectural
treatment, including a gabled roof and dark earth tone paint with a lighter trim
color, to minimize its industrial look;
d) Black vinyl coated chain link perimeter fencing and gates will be
provided; and
e) Plantings around the exterior of the perimeter fence will include
native species to screen the equipment and shelter. Plantings should be
planted in the fall and irrigated the following summer in conjunction with the
weekly operation of the generator.
(DEIR, at p. V-128.)
Further mitigation of visual impacts was also incorporated into the project at the
recommendation of the City of San Rafael Design Review Board (DRB). These
measures include:
a) The revised lattice tower measures 4 %2 feet in width at the base and tapers to 2
Meet in width at a height of 20 feet above ground level. Two 4 -foot in
diameter microwave dishes will both be mounted at 17 feet above grade. A
15 -foot tall whip antenna will be placed at the top of the tower and two 15 -
foot tall whip antennae will be placed at the top of the tower and two 15 -foot
"omni" antennae will be mounted approximately 40 feet above grade.
b) The roof on the radio shelter has been changed from a flat roof to a hip roof.
B. Air Oualitv
Impact AIR -1. Local Air Oualitv Impacts
Facts
IN
The FEIR found that construction activities associated with the proposed project
would have potential short-term impacts on local air quality. The potential impact
is discussed on pages 103 — 106 of the Initial Study.
CEOA Sec. 21081(a) Findings
Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effect on the environment. The potential impact is
mitigated to a less -than -significant level.
Evidence Sunnortina the Finding
Based on the EIR and the entire record, local air quality impacts will be mitigated to
a less -than -significant level by the imposition of the following mitigation measures
AIR -1 (a) 0). These mitigation measures are:
(a) Adhere to BAAQMD Regulation 11 Hazardous Pollutants Rule 2 for
Asbestos Demolition, Renovation, and Manufacturing, (b) construction equipment
shall be maintained and turned at intervals recommended by manufacturers in order
to minimize exhaust emissions, (c) equipment idling shall be kept at a minimum
when equipment is not in use, (d) construction truck tips using nearby roadways
shall be scheduled during non -peak hours, (e) equipment and manpower shall be
provided for watering exposed or disturbed soil surfaces at least twice daily,
including weekends and holidays, (f) stockpiles of debris, soil, sand, and other
materials that may be blown by the wind shall be covered and the covering
anchored, (g) the construction area and all adjacent paved streets shall be swept
daily of all mud and debris, (h) any truck transporting dust -producing material
leaving or entering the proposed project site shall be covered, and nearby roadways
shall be cleaned regularly to reduce possible fugitive dust emissions outside the
construction area (1) the speed of all construction vehicles shall not exceed 25 miles
per hour on unpaved surfaces, 0) during construction operations the project
proponent shall post a publicly visible sign on the site that specifies the air quality
issues resulting from the proposed project construction.
Impact AIR -2 - - Emeraencv Generator Effect on Air Oualitv
Facts
The FEIR found that operation of the emergency generators would have potential
significant impacts on air quality. This significant impact is discussed on pages
103-106 of the Initial Study.
CEOA Sec. 21081(a) Findings
Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effect on the environment. The potential impact is
mitigated to a lessthan significant level.
2B-5
39
Evidence Supporting the Findiniz
Based on the EIR and the entire record, local air quality impacts will be mitigated to
a less -than -significant level by the mitigation measure AIR -2 (a) requiring that
emergency power generators be equipped with emission control devices.
C. Biological Resources
Impact BIO -7. San Rafael/Dollar Hill
Facts
The EIR found that the construction related activities at San Rafael/Dollar Hill may
impact the surrounding oak woodland habitat and vegetation. This is a potentially
significant impact. The potential impact is discussed on pages V-128 through V-
130 of the DEIR.
CEOA Sec. 21081(a) Findines
Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effect on the environment. The potential impact is
mitigated to a less than significant level.
Evidence Suunorting the Findinizs
Based on the EIR and the entire record, local biological impacts will be mitigated to
a less -than -significant level by the imposition of mitigation measure BIO -7 (a) and
(b):
a) Prior to project activity, temporary fencing shall be placed around the dripline of
mature oaks in the immediate vicinity of the San Rafael/Dollar Hill site. No
vehicles or materials shall be stored or parked inside this fencing. Silt -fencing
shall be installed if any excavation or soil disturbance that could impact the oaks
results from construction; and
b) If removal of oak trees is necessary San Rafael/Dollar Hill, any removed trees
will be transplanted at an appropriate location at the vicinity of the project site.
Impact BIO -8. San Rafael/Dollar Hill
Facts
The EIR found that the construction related activities at the San Rafael/Dollar Hill
project site may result in the disturbance of nesting raptors. This is a potentially
2B-6
q C)
significant impact. The potential impact is discussed on pages V-128 to V-130 of
the Draft EIR.
CEOA Sec. 21081(a) Findinvs
Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the effect on the environment. The project impact is mitigated to
a less than significant level.
Evidence SuDDortinQ the Findiniz
Based on the EIR and the entire record, local biological impacts will be mitigated to
a less -than -significant level by the imposition of the following mitigation measure
BIO -8 (a) through (d) that require:
a) Prior to project activity, it will be determined whether any construction or tree
removal is proposed during the raptor nesting season (February 15 to July 15);
b) If no construction or tree removal will occur during the raptor nesting season, no
further mitigation will be necessary;
c) If construction or tree removal is proposed during the raptor -nesting season, a
focused survey for raptor nests shall be conducted by a qualified biologist
during the nesting season to identify active nests in the project area. The survey
will be conducted no less than 14 days and no more than 30 days prior to the
beginning of construction or tree removal; and
d) If nesting raptors are found during the focused survey, no construction or tree
removal will occur within 500 feet of an active nest until the young have fledged
(as determined by a qualified biologist).
D. Geolop-icalImDacts
Impact GEO-1 — Seismic Impacts for All Sites
Facts
The EIR found that all sites are located in a region with the potential for significant
ground shaking due to seismic activity. The potential impact is discussed on pages
113-117 of the Initial Study.
CEOA Sec. 21081(a) Findings
Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effect on the environment. The potential impact is
mitigated to a less -than -significant level.
Evidence SuDDortinR the Finding
2B-7
41
Based on the EIR and the entire record, geologic impacts will be mitigated to a less
than significant level by the imposition of mitigation measure GEO-1 (a) and (b):
a) A design level geotechnic report shall be prepared for the facilities proposed at
each of the telecommunication sites. A qualified geotechnical engineer and
engineering geologist should prepare the document, and this design level report
should provide criteria for site preparation, pavement, and foundations. Site-
specific earthquake forces should also be identified and incorporated into the
design of structures; and
b) All structures, including towers and earthworks, shall conform to the applicable
earthquake design standard such as the Uniform Building Code.
E. Hazard Impacts
Impact HAZ-1 -Hazardous Materials
Facts
The EIR found that hazardous materials, such as diesel and propane fuels, could
create a significant hazard to the public if accidentally released. The potential
impact is discussed on pages 117 - - 123 of the Initial Study.
CEOA Sec. 21081(a) Findings
Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effect on the environment. The potential impact is
mitigated to a less than significant level.
Evidence Supportinia the Finding
Based on the EIR and the entire record, hazardous materials impacts will be
mitigated to a less -than -significant level by the imposition of mitigation measure
HAZ-1 (a) and (b):
a) The project employ specifications, applicable state, local, and federal
requirements and typical utility installation practices, and limit the risk of
upset to occupants of the site and area residents. Responsibility for such
practices shall be identified on plans as a component of the project: and
b) The projects establish and prepare a monitoring and emergency response plan
to be implemented during the operational phase of the proposed project. The
plan shall include periodic inspection for leaks, spillage, or delivery problems
and an appropriate response to the same.
::3
uz
Impact HAZ-2 — Fire Hazards
Facts
The EIR found that proposed project structures would be exposed to fire hazards
particularly under severe dry weather and wind conditions. In addition,
construction operations could also increase the risk of wildland fires on the project
sites. The potential impact is discussed on pages 117-123 of the Initial Study.
CEOA Sec. 21081(a) Findinas
Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant effect on the environment. The potential
impact is mitigated to a less than significant level.
Evidence Supporting the Finding
Based on the EIR and the entire record, fire hazard impacts will be mitigated to a
less -than -significant level by the imposition of mitigation measures HAZ-2 (a)
through (f):
a) The fuel load around proposed telecommunications sites should be managed
within a 30 -foot perimeter (except at Bolinas Ridge which should be left
untouched). Grassland should be cut or grazed during the spring, summer,
and fall to minimize the fuel load. Nearby trees and shrubs should be pruned
of old growth. The understory should be cleared to prevent the "ladder effect"
spread of fire to the trees;
b) The fuel loads (i.e. grasses, brush) shall be reduced by mowing and pruning to
reduce the risk of fire ignition on the constriction site;
c) The Contractor shall provide a water truck or portable water tank on-site
during all constriction operations. The number and capacity of water trucks
shall be determined through coordination with the Marin County Fire
Department;
d) On-site fire response equipment (i.e., fire extinguishers, fire retardant
blankets, shovels, buckets) shall be maintained and clearly marked at each
project construction site;
e) The Contractor shall ensure that all construction workers are trained in
workplace safety measures and the use of on-site fire response equipment; and
f) A wireless phone or other independent communication device shall be located
on-site and clearly identified at all times during project construction.
F. Water Impacts
Impact WATER -1 -Surface Water
RM
43
Facts
The EIR found that Construction -related activities on all 17 sites have the potential
to impact water quality. The potential impact is discussed on pages 123- 126 of the
Initial Study.
CEOA Sec. 21081(a) Findinas
Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effect on the environment. The potential impact is
mitigated to a less than significant level.
Evidence Supnortina the Findina
Based on the EIR and the entire record, water impacts will be mitigated to a less -
than -significant level by the imposition of mitigation measure WATER -1(a)
through (d):
a) The proposed project shall minimize surface disturbance as much as possible
during grading and construction activities associated with the project;
b) Excavated materials shall be disposed of or stored away from water resources,
storm drain inlets, and the disposal or storage area shall be graded to minimize
surface erosion;
c) Pollutants such as sanitary wastes and petroleum products shall be collected and
removed from the job as they accumulate. An emergency spill prevention and
countermeasure plan shall be developed prior to commencement of site
activities. When necessary, chemical toilets shall be used in order to prevent
bacterial and nutrient contamination of surface waters; and
d) The project utilize Best Management Practices (BMP) that locate construction
activities and petroleum product storage away from drainage courses, storm
drain inlets, and other water bodies to minimize toxic effects of petroleum
products on aquatic organisms.
G. Noise Impacts
Facts
The EIR found that related activities at some of the sites would have the potential
for short-term increases in existing noise levels for the duration of the constriction
operations. The potential impact is discussed on page 161-163 of the Initial Study.
CEOA Sec. 21081(a) Findings
2B-10
c►
N
Changes or alterations have been required in, or incorporated into, the project,
which mitigate or avoid the significant effect on the environment. The potential
impact is mitigated to less -than -significant level.
Evidence SupnortinR the Finding
Based on the EIR and the entire record, noise impacts will be mitigated to a less -
than -significant level by the imposition of mitigation measure NOISE -1 (a) and (b).
These mitigation measures require that:
a) The Contractor shall be required to abide by the appropriate jurisdiction's
adopted standards for noise and hours of construction during all phases of the
project construction. The County of Marin standards shall be utilized when a
jurisdiction has not adopted any. The Construction Project Manager or
designated representative shall provide the Contractor with the applicable
standards; and
b) Air conditioning units and emergency power generators shall be selected to meet
the applicable noise standards.
V. FINDINGS REGARDING LESS THAN SIGNIFICANT IMPACTS
A. Health Impacts of Radio Frequency Exposure
The City concurs with the determination in the MERA EIR that the potential health
impact associated with Radio Frequency (RF) exposure caused by the San Rafael/Dollar
Hill site is not significant. Under CEQA Guidelines section 15064 subdivision
(h)(1)(A) an agency may rely on compliance with an existing standard to determine that
an impact is less than significant. Thus, the MERA EIR and the City rely on the
project's compliance with the Federal Communications Commission (FCC) standard to
determine that the project will not cause a potentially significant impact on health. (47
C.F.R. §§ 1.1310, 1.13 07.) The City believes that the FCC standard is more than
adequate to protect public health and safety. Moreover, the field of RF regulation is a
federal matter under the jurisdiction of the FCC and therefore the City has neither the
jurisdiction nor the expertise necessary to create a different RF standard than that
promulgated by the FCC.
B. Land Use
The San Rafael/Dollar Hill component of the MERA system is consistent with the
land use designations and requirements in the San Rafael General Plan, Open Space
Ordinance and Zoning Code. A City's interpretation of its own zoning ordinance is
entitled to great deference. (See e.g., Sequovah Hills Homeowners Assn. v. Citv of
Oakland (1993) 23 Cal.App.4th 705, 717-720; Friends of Davis v. Citv of Davis
(2000) 83 Cal.App.41h 1004, 1014.)
2B-11
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