CTC RESOLUTION NO

Transcription

1 CTC RESOLUTION NO A RESOLUTION OF THE COMMUNICATIONS AND TECHNOLOGY COMMISSION OF THE CITY OF CALABASAS TO APPROVE FILE NO , A WIRELESS TELECOMMUNICATION PERMIT, AN ADMINISTRATIVE PLAN REVIEW AND A SCENIC CORRIDOR PERMIT TO MODIFY AN EXISTING SPRINT WIRELESS TELECOMMUNICATIONS FACILITY WHICH INCLUDES THE INSTALLATION OF 1 NEW MODCELL 4.0 CABINET, AND 1 NEW BATTERY CABINET TO REPLACE THE EXISTING CABINETS, 1 NEW JUNCTION BOX, 3 NEW BUILDING-MOUNTED PANEL ANTENNAS TO REPLACE 12 EXISTING BUILDING-MOUNTED ANTENNAS, AND 3 NEW FRP SCREENS TO STEALTH THE NEW ANTENNAS AT AN EXISTING SPRINT FACILITY LOCATED AT AGOURA ROAD WITHIN THE COMMERCIAL BUSINESS (CB) ZONING DISTRICT AND THE 101 FREEWAY SCENIC CORRIDOR (SC) Section 1. The Communications and Technology Commission has considered all of the evidence submitted into the administrative record which includes, but is not limited to: 1. Agenda reports prepared by the Community Development Department. 2. Staff presentation at the public hearing held on September 17, 2013 before the Communications and Technology Commission. 3. The City of Calabasas Land Use and Development Code, General Plan, and all other applicable regulations and codes. 4. Public comments, both written and oral, received and/or submitted at or prior to the public hearing, supporting and/or opposing the applicant's request. 5. Testimony and/or comments from the applicant and its representatives submitted to the City in both written and oral form at or prior to the public hearing. 6. All related documents received and/or submitted at or prior to the public hearing. 1

2 Section 2. Based on the foregoing evidence, the Communications and Technology Commission finds that: 1. The applicant submitted an application for File No on June 5, On June 18, 2013, staff determined that the application was incomplete and the applicant was duly notified of this incomplete status. 3. On July 26, 2013, the amended and supplemental application was deemed complete and the applicant was notified. 4. Notice of the September 17, 2013, Communications and Technology Commission public hearing was posted at Juan Bautista de Anza Park, the Calabasas Tennis and Swim Center, Gelson s market and at Calabasas City Hall. 5. Notice of the September 17, 2013, Communications and Technology Commission public hearing was mailed to property owners within 1,500 feet of the property as shown on the latest equalized assessment roll, at least thirty (30) days prior to the hearing. 6. Notice of the Communications and Technology Commission public hearing was mailed or delivered at least thirty (30) days prior to the hearing to the project applicant. 7. The project site is currently zoned Commercial Business (CB). 8. The land use designation for the project site under the City's adopted General Plan is Business-Business Park (B-BP). 9. The land uses around the subject property are zoned Commercial Business (CB), Public Facility (PF) and all lie within the 101 Freeway Scenic Corridor (SC). 10. Notice of Communications and Technology Commission public hearing included the notice requirements set forth in Government Code Section (b)(2). Section 3. In view of all of the evidence and based on the foregoing findings, the Communications and Technology Commission acting in the capacity of a City Planning Commission, per Section (E) of the CMC, concludes as follows: FINDINGS 2

3 Section (C)(7), of the Calabasas Municipal Code allows the Commission to approve a Wireless Telecommunication Facility Permit provided that the following findings are made: 1. The applicant has demonstrated by clear and convincing evidence that the facility is necessary to close a significant gap in the operator s service coverage. Such evidence shall include in-kind call testing of existing facilities within the area the applicant contends is a significant gap in coverage to be served by the facility; According to the applicant, the proposed facility will enhance services for the Sprint Wireless Telecommunication Network by overlaying new LTE technology over the existing CDMA network. As part of the project the 3 new 800/1900 MHz antennas will replace 12 existing antennas. These antennas will provide more flexibility for optimization by allowing fast and easy electrical tilt adjustment from a remote location. LTE Technology will provide enhanced wireless service throughout Calabasas, enabling residents, businesses and travelers on the Ventura Freeway to access high speed data and video rates on their sprint wireless phones and other wireless devices. Sprint has submitted maps depicting the existing LTE coverage and the proposed LTE coverage. The maps clearly illustrate that existing LTE service in the area proposed to be covered by this project is nonexistent. Because the purpose of the project is to provide coverage for an area where LTE service does not exist, and LTE Service is provided in a new bandwidth licensed by the FCC, it is determined that a significant gap in the LTE service proposed by Sprint exists. Therefore, the project meets this finding. 2. The applicant has demonstrated by clear and convincing evidence that no feasible alternate site exists that would close a significant gap in the operator s service coverage which alternative site is a more appropriate location for the facility under the standards of Section of the Calabasas Municipal Code; and CMC Section (C)(2)(d) requires that the applicant submit a siting analysis which identifies a minimum of five other feasible locations either inside or outside of the city boundary which could serve the area intended to be served by the facility, unless the applicant provides compelling technical reasons for providing fewer than the minimum. The applicant has submitted an alternate site analysis that demonstrates the proposed location is the most technologically feasible location as well as the least intrusive means to construct the facility and close a significant gap in Sprint LTE service coverage. According to the city s Wireless Telecommunication Consultant, to require the applicant to relocate an existing facility elsewhere in the City would place undue technological (through the duplication of existing 3

4 equipment and infrastructure) and financial burdens upon the applicant. As this project is a modification of a WTF already designed to serve the existing coverage area, it represents the most reasonable and least impactful location to add LTE service capability. For these reasons, the project meets this finding. 3. The facility satisfies the location requirements of Section (C)(3) of the Calabasas Municipal Code. The proposed project falls within the most appropriate location (tier i) of the preferred zones and location requirement of Section (C)(3) of the CMC because the project consists of locating antennas and equipment on an existing structure within the Commercial Business (CB) zone. Because the site is an existing site and the infrastructure is in place, upgrading of the equipment on site will cause only minimal impacts as compared to construction of a new site; therefore the existing site is the most technologically feasible site for this WTF. For these reasons, the project meets this finding. Section of the Calabasas Municipal Code allows the review authority to approve an Administrative Plan Review Permit provided that the following findings are made: 1. The proposed project complies with all applicable provisions of this Development Code; In accordance with Section of the CMC, wireless telecommunication facilities are a conditionally permitted use in the CL zoning district. As discussed in the staff report, the proposed project meets all applicable provisions of Section of the CMC, which regulates the installation of new wireless telecommunication facilities and modifications to existing wireless telecommunication facilities. Such provisions require that the facility be fully screened from public view, have no audible impact on residential or open space zones, and comply with FCC regulations. As designed, the newly modified site will be in compliance with the above mentioned provisions because it will be properly screened from public view with panels that will also blend the WTF with the building design. Furthermore, a noise study demonstrates that the proposed new equipment will have no audible impact to open space areas or residential properties. Given these circumstances, the proposed project meets this finding. 2. The proposed project is consistent with the General Plan, any applicable specific plan, and any special design theme adopted by the city for the site and vicinity; 4

5 The proposed project meets this finding because the General Plan Land Use Designation for this parcel is Business-Business Park (B-BP), and offices and light industrial uses are appropriate uses within this land use category. The primary purpose of the subject site will remain unchanged. The General Plan (pp. XII-13)) delineates the following policies applicable to technological infrastructure: Encourage technology and communication service providers to develop and maintain a long-term coordinated telecommunications plan to improve bandwidth, reduce costs, and improve system reliability. Encourage technology service providers to creatively integrate technology facilities into the natural and built environment to minimize the total number of such facilities and associated aesthetic impacts. The proposed facility meets the policies of the general plan in that it will provide LTE (the most advanced available wireless technology available) service for Sprint in this area. In addition, the facility will utilize FRP screens to screen the facility from public view and blend the facility with the building s design. For the above reasons, the project meets this finding. 3. The approval of the site plan review is in compliance with the California Environmental Quality Act (CEQA); This project is exempt from the California Environmental Quality Act (CEQA) pursuant to the following sections of the CEQA guidelines: Sections Class 1 (a), Interior or exterior alterations involving such things as interior partitions, plumbing and electrical conveyances; Class 1 (b,) Existing facilities of both investor and publically owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; Class 3 (e), Accessory (appurtenant) structures; and, Class 32, Infill projects, of the CEQA Guidelines. 4. The proposed structures, signs, site development, grading and/or landscaping are compatible in design, appearance and scale, with existing uses, development, signs, structures and landscaping for the surrounding area; The proposed project will be completed within the confines of the existing WTF site and consequently will maintain the current site conditions. By concealing the new antennas behind new RFPs, the project will improve the existing conditions by concealing more of the WTF equipment from view than is currently screened. As proposed, the project utilizes design measures 5

6 which ensure the facility is compatible with the surrounding uses, development, and the Scenic Corridor. Therefore the project meets this finding. 5. The site is adequate in size and shape to accommodate the proposed structures, yards, walls, fences, parking, landscaping, and other development features; and The proposed project will be constructed on a leased portion of an existing developed commercial lot. The proposed equipment upgrade will take place within the confines of the existing WTF and no expansion of the facility is proposed. Additionally, there are no proposed changes to landscaping or other development features on the lot. Therefore, the project meets this finding. 6. The proposed project is designed to respect and integrate with the existing surrounding natural environment to the maximum extent feasible. Because the modified wireless telecommunication facility is located on the leased portion of an existing developed commercial lot with all roof-mounted equipment concealed within an existing structure, and the new antennas are to be screened with RFPs, the facility will have no impact on the surrounding environment. Furthermore, the project is conditioned to remove all inactive antennas and associated equipment; an action that will enhance the hillside vista from the Scenic Corridor roadway. Therefore, the proposed project meets this finding. Section (D) of the Calabasas Municipal Code allows the Commission to approve development within the Scenic Corridor provided that the following findings are made: 1. The proposed project design has considered and complies with the Scenic Corridor Development Guidelines adopted by the City Council; The Scenic Corridor Development Guidelines were developed to help development contribute to rather than detract from the visual beauty of designated Scenic Corridors. Some of the guidelines include: using medium to dark roof colors, using earth-tone colors, using non-glare and natural materials, avoidance of large blank facades, structures designed and sited to minimize visual impacts, and use of landscaping to help screen development. In addition, structures shall be sited in the least visually obtrusive location. The applicant is requesting approval of a wireless telecommunication facility permit, administrative plan review and scenic corridor permit to modify an existing wireless telecommunication facility on and within an existing developed commercial property and structure The proposed modification to 6

7 the existing facility will comply with the Scenic Corridor Development Guidelines because the modified wireless telecommunication facility is confined to those portions of the existing structure screened from the Freeway by existing equipment screens on the subject building. Additionally, the 3 new antennas will have enhanced screening by the way of new RFPs painted in earth tone colors matching the existing building. Furthermore, the project is conditioned to remove all inactive antennas and associated equipment; an action that will enhance the hillside vista from the 101 Freeway. Therefore, the proposed project meets this finding. 2. The proposed project incorporates design measures to ensure maximum compatibility with and enhancement of the scenic corridor; The primary purpose of the Scenic Corridor Development Guidelines is to ensure that development will contribute to rather than detract from the visual beauty of designated Scenic Corridors. As a result, all wireless communication projects are required to be designed as concealed facilities. The proposed modification to the existing facility will comply with the Scenic Corridor Development Guidelines because the modified wireless telecommunication facility is confined to those portions of the existing structure screened from the freeway by existing equipment screens on the subject building. Additionally, the 3 new antennas will have enhanced screening by the way of new RFPs painted in earth toned colors matching the existing building, Furthermore, the project is conditioned to remove all inactive antennas and associated equipment; an action that will enhance the hillside vista from the 101 Freeway. Therefore, the proposed project meets this finding. 3. The proposed project is within an urban Scenic Corridor designated by the General Plan, and includes adequate design and landscaping, which serves to enhance and beautify the Scenic Corridor; and The modified wireless telecommunication facility is confined to those portions of the existing structure screened from the freeway by existing equipment screens on the subject building. Additionally, the 3 new antennas will have enhanced screening by the way of new RFPs painted in earth toned colors matching the existing building, Furthermore, the project is conditioned to remove all inactive antennas and associated equipment; an action that will enhance the hillside vista from the 101 Freeway. There is no proposed landscaping included as part of the scope of this project. Therefore, the proposed project meets this finding. 4. The proposed structures, signs, site development, grading, and/or landscaping related to the proposed use are compatible in design, 7

8 appearance, and scale, with existing uses, development, signs, structures, and landscaping of the surrounding area. The existing modified wireless telecommunication facility is located on the roof of an existing structure on the subject property. The only exterior modification that will result is the replacement of 12 existing antennas 3 new antennas therefore reducing the total number of Sprint antennas on the subject property by 9. The new antennas will be screened with new RFPs painted to match the existing building; thereby, effectively screening the antennas from the 101 Freeway. For these reasons, the proposed project meets the above finding. Section 4. In view of all of the evidence and based on the foregoing findings and conclusions, the Communications and Technology Commission hereby approves File No subject to the following agreements and conditions: I. INDEMNIFICATION AGREEMENT The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court costs or any other costs arising out of or in any way related to this File No and the issuance of any permit or entitlement in connection therewith, or the activities conducted pursuant to this File No and the issuance of any permit or entitlement in connection therewith. Accordingly, to the fullest extent permitted by law, SAC Wireless, Sprint (applicant) and Lost Hills Office Partners (property owner) and their successor and assigns, shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, related to this File No and the issuance of any permit or entitlement in connection therewith, or the activities conducted pursuant to this File No and the issuance of any permit or entitlement in connection therewith. SAC Wireless, Sprint (applicant) and Lost Hills Office Partners (property owner) and their successor and assigns, shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. 8

9 II. CONDITIONS OF APPROVAL Community Development Department / Planning Division 1. The proposed project shall be built in compliance with the approved plans on file with the Planning Division. The color and material of the decorative wall shall be in substantial conformance with the color and material board. 2. The project approved herein is depicted on those sets of drawings, elevations, etc., stamped approved by staff on the approval date. Any modifications to these plans must be approved by the Department of Community Development staff prior to the changes on the working drawings or in the field. Changes considered substantial by the Planning staff must be reviewed by the Communications and technology Commission. The determination of whether or not a change is substantial shall be made by the Director of Community Development. Prior to issuance of grading or building permits, plans shall be reviewed and approved by the Department of Community Development to ensure compliance with the plans approved by the Planning Commission. The plans shall comply with the conditions contained herein, the Calabasas Municipal Code, and all City Resolutions and Ordinances. 3. All project conditions shall be imprinted on the title sheet of the construction drawings. The approved set of plans shall be retained on-site for review by Building Inspectors during the course of construction. 4. This approval shall be valid for one year from the date of adoption of the resolution. The permit may be extended in accordance with Title 17 Land Use and Development Code, Article VI - Land Use and Development Permits. 5. This grant shall not be effective for any purposes until after the applicant, or its successors, and the owner of the property involved (if other than the applicant) have recorded this resolution with the Los Angeles County Recorder s Office, and a certified copy of the recorded document is filed with the Community Development Department. 6. The subject property shall be developed, maintained, and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the applicant to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of the conditions of approval may result in the revocation of the permits. 9

10 7. Construction Activities: Hours of construction activity shall be limited to: 7:00 a.m. to 6:00 p.m., Monday through Friday 8:00 a.m. to 5:00 p.m., Saturday Stacking of construction worker vehicles, prior to 7:00 a.m. in the morning will be restricted to areas that do not adversely affect adjacent property owners. The applicant shall notify the Director of Transportation or designee of the construction employee parking locations, prior to commencement of construction. 8. All access doors/hatches and gates to the facility and equipment are to remain locked at all times, except during active maintenance by Sprint Wireless or authorized building personnel. 9. Sprint shall place and maintain permanent RF Notice signs in English and Spanish on the BTS enclosure access door. The signage must be a minimum of 8 wide by 12 high, compliant with FCC OET Bulletin 65 or ANSI C96.2 for color, symbol, and content conventions. All such signage shall at all times provide a working local or toll-free telephone number to its network operations center, and such telephone number shall be able to reach a live person who can exert transmitted power-down control over this site as required by the FCC. The location of the signs must ensure that anyone entering the roof area will see the signs prior to coming within 3 feet of the security door of the BTS enclosure. 10. Sprint shall place and maintain permanent RF Notice signs in English and Spanish to the rear of the A and C sector antenna visible from behind each antenna, and at 5 feet above the roof below the B sector antenna. All of the signage must be a minimum of 8 wide by 12 high, compliant with FCC OET Bulletin 65 or ANSI C95.2 for color, symbol, and content conventions. All such signage shall at all times provide a working local or toll-free telephone number to its network operations center, and such telephone number shall be able to reach a live person who can exert transmitter power-down control over the site as required by the FCC. The location of the sign must ensure that anyone approaching the antenna sectors from the roof will clearly see the sign before coming within 3 feet of the antennas. 11. All existing and proposed unused antennas, poles, wiring and associated equipment shall be removed and the site shall be restored to its previous condition. 12. Abandonment: 10

11 a. Personal wireless telecommunication facilities that are no longer operating shall be removed at the expense of the applicant, operator, or property owner no later than ninety (90) days after the discontinuation of use. Disuse for ninety (90) days or more shall also constitute a voluntary termination by the applicant of any land use entitlement under this code or any predecessor of this code. b. The director shall send a written notice of determination of nonoperation to the owner and operator of the personal wireless telecommunication facility, who shall be entitled to a hearing on that determination before the city manager or a hearing officer appointed by the city manager, provided that written request for such a hearing is received by the city clerk within 10 days of the date of the notice. Any such hearing shall be conducted pursuant to chapter of the CMC, although no further appeal from the decision of the city manager may be had other than pursuant to Code of Civil Procedures section Upon final decision of the city manager or the running of the time for a request for a hearing without such a request, the operator shall have ninety (90) days to remove the facility. c. The operator of a facility shall notify the City in writing of its intent to abandon a permitted site. Removal shall comply with applicable health and safety regulations. Upon completion of abandonment, the site shall be restored to its original condition at the expense of the applicant, operator, or property owner. d. All facilities not removed within the required ninety-day period shall be in violation of this code. In the event the city removes a disused facility upon the failure of the applicant, operator, or property owner to timely do so, the applicant, operator, and owner shall be jointly severally liable for payment of all costs and expenses the city incurs for the removal of the facilities, including legal fees and costs. 13. If, at any time after ten (10) years of the issuance of a building permit or encroachment permit, or any shorter period permitted by Government Code section 65964(b), any personal wireless telecommunication facility becomes incompatible with public health, safety or welfare, the applicant or operator of the facility shall, upon notice from the City and at the applicant s or operator s own expense, remove that facility. Written notice of a determination pursuant to this paragraph shall be sent to the owner and operator of the personal wireless telecommunication facility, who shall be entitled to a hearing on that determination before the city manager or a hearing officer appointed by the city manager, provided that written request for such a hearing is received by the city clerk within 10 days of the date of the notice. Any such hearing notice shall be pursuant to chapter of the CMC, although no further appeal from the 11

12 decision of the city manager may be had other than pursuant to Code of Civil Procedures section Upon final decision of the city manager or the running of the time for a request for a hearing without such a request, the operator shall have ninety (90) days to remove the facility. 14. The property owner and/or operator of the facility shall allow and cooperate with the director to obtain a detailed technical report prepared by a qualified engineer which shall include the following: (1) verification that the facility conforms with the uncontrolled/general population RF exposure standards established by FCC Office of Engineering & Technology Bulletin 65 (latest edition); (2) verification that the facility design conforms with relevant building and safety requirements; and (3) verification that the facility complies with the requirements of other applicable law, including this title and the conditions of any approval granted under this title (this latter verification may be based upon a supplemental report prepared by another qualified person). The applicant, owner or operator shall submit a deposit with the city for its actual costs of that testing to the extent those costs are not fully recovered by any regulatory fee imposed by the City. If monitoring demonstrates that a personal wireless telecommunication facility is not in compliance with the requirements of applicable law, that shall be a basis for the revocation of any permit granted under this title pursuant to section of this title. It is anticipated that such monitoring will occur not more than annually unless the city has particular reason to believe that a specific wireless facility is not in compliance with this section and other applicable law, in which case, further monitoring may occur. 15. On each January 15th following the effective date of this permit, the applicant or operator of the facility shall submit a deposit to cover the city's costs to confirm whether the personal wireless telecommunication facility complies with applicable law. If the city adopts a regulatory fee to fund such compliance reviews, any fee paid under this condition shall be credited against that fee. 16. Prior to the issuance of a building permit or encroachment permit, the applicant or owner/operator of the facility shall pay for and provide a performance bond in the amount of $15,000, which shall be in effect until all facilities are fully and completely removed and the site reasonably returned to its original condition. The purpose of this bond is to cover the applicant s or owner/operator of the facility s obligation under the conditions of approval and the City of Calabasas Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, monitoring and maintenance obligations and landscaping obligations. 17. Prior to unattended operations, the applicant for approvals with respect to any wireless telecommunication facility site that is not categorically excluded as that term is defined in FCC Office of Engineering and Technology Bulletin 65 ( FCC OET Bulletin 65 ), as amended from time to time, shall allow the commission to obtain a detailed technical report prepared by a qualified engineer verifying that the operation of the facility is in conformance with the uncontrolled/general 12

13 population RF exposure standards established by FCC OET Bulletin 65. To the extent that a wireless carrier has one or more reports on the facility, all reports shall be provided to the city. 18. The applicant shall not transfer a permit to any person or entity prior to completion of construction of a personal wireless telecommunication facility. 19. Facilities shall not bear any signs or advertising devices other than legally required certification, warning, or other required seals or signage, or as expressly authorized by the city. 20. The applicant shall submit as-built photographs of the facility within ninety (90) days of installation of the facility, detailing the installed equipment. 21. This permit shall be valid until the tenth anniversary of the date it is first placed into service, unless that sunset date is extended by additional term(s) not to exceed ten years pursuant to a wireless facility permit issued under this section There is no limit to the number of times the sunset date for a facility may be extended Community Development Department / Building and Safety Division 22. Prior to commencement of construction, all necessary building permits must be obtained from the Building and Safety Division. 23. The project must comply with the building codes of Title of the City of Calabasas Municipal Code, 2010 California Building Standards Code; Volumes 1-12, or the most recently approved building codes at the time of building plan check submittal. 24. The project is located within a designated Very High Fire Hazard Severity Zone. The requirements of Chapter of the Calabasas Municipal Code that references the 2010 California Fire Code as well as the 2010 Consolidated Fire Protection District Code of Los Angeles County must be incorporated into all plans. 13

14 Section 5. All documents described in Section 1 of CTC Resolution No are deemed incorporated by reference as set forth at length. COMMUNICATIONS AND TECHNOLOGY COMMISSION RESOLUTION NO PASSED, APPROVED AND ADOPTED this 17 th day of September, ATTEST: Linda Stock Chairperson Deborah Steller Media Operations Director APPROVED AS TO FORM: City Attorney Communications and Technology Commission Resolution No was adopted by the Communications and Technology Commission at a special meeting held September 17, 2013, and that it was adopted by the following vote: AYES: NOES: ABSENT: ABSTAINED The Secretary of the CTC shall certify the adoption of this Resolution, and transmit copies of this Resolution to the applicant along with proof of mailing in the form required by law and enter a copy of this Resolution in the book of Resolutions of the CTC. Section of the Civil Code of Procedure governs the time in which judicial review of this decision may be sought. 14