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HomeMy WebLinkAbout53-21RESOLUTION 53-21 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING A 10 -YEAR RENEWAL OF A CONDITIONAL USE PERMIT TO OPERATE A WIRELESS TELECOMMUNICATIONS FACILITY AT 11997 HILLTOP DRIVE (LANDS OF SARRAF; FILE #CUP21-0002) WHEREAS, wireless telecommunications facilities are a conditional use in the Residential- , Agricultural Zoning District of the Town of Los Altos Hills; and WHEREAS, Article 13 of the Zoning Ordinance regulates wireless telecommunications facilities; and WHEREAS, on April 16, 1997, the City Council of the Town of Los Altos Hills initially approved a Conditional Use Permit (CUP) to construct a wireless telecommunications facility at 11997 Hilltop Drive (File #49-96-ZP-SD-CUP) which included a monopole, antennas and related equipment; and WHEREAS, on January 16, 2003, the City Council approved a renewal of the CUP (File #210- 02 -CUP); and WHEREAS, on February 17, 2011, the City Council approved a modification of the radome on the monopole and a 10 -year renewal of the CUP (File #43 -10 -CUP); and WHEREAS, on January 13, 2021, the Town received an application to renew the CUP for a further 10 years with no proposed modifications to the monopole (File #CUP21-0002); and WHEREAS, the applicant provided a Radio Frequency Site Compliance Report indicating the wireless telecommunications facility is compliant with federal regulations and operating under the maximum permissible exposure limits for the public; and WHEREAS, the Planning Commission of the Town of Los Altos Hills held a duly noticed public hearing on July 1, 2021 and voted 5-0 to forward a recommendation to City Council to approve the 10 -year renewal of the CUP subject to the conditions of approval attached to this Resolution as Attachment A. . NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby approves File #CUP21-0002 to renew the Conditional Use Permit to operate a wireless telecommunications facility at 11997 Hilltop Drive subject to the conditions of approval attached to this Resolution as Exhibit A. The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 22nd day of July 2021, by the following vote: Resolution 53-21 Page 1 AYES: Tanlcha, Tyson, Mok, Swan NOES: None ABSENT: None ABSTAIN: Schmidt BY.- /�-"'z:-- ATTEST: Kavita Tankha, Mayor Deborah Padovan, City Clerk Resolution 53-21 i Page 2 i Exhibit "A" CONDITIONS FOR A CONDITIONAL USE PERMIT RENEWAL FOR A WIRELESS COMMUNICATIONS FACILITY LANDS OF SARRAF (APPLICANT: T -MOBILE) 11997 HILLTOP DRIVE; FILE #CUP21-0002 PLANNING DEPARTMENT: 1. No new antennas, equipment or modifications to the site are approved with this Conditional Use Permit (CUP) Renewal. Any changes or revisions to the telecommunications equipment or antennas shall require a separate approval and permits through the Town's Planning and Building Departments. Additionally, the Planning Director may schedule a review or revocation hearing before the Planning Commission regarding the use permit, if any condition of approval is not being met or the facility is being used inconsistent with the approved use or in violation of Town development codes. n a 2. The CUP shall expire ten (10) years from the date of approval (July 22, 2031 the permit must be requested in writing, with appropriate fees, prior to the expiratRie n date of 3. The monopole, radome, and equipment cabinet shall be painted to blend with the surrounding vegetation, to the satisfaction of the Planning Director, prior to final inspection of the facility. 4. Landscape screening of the monopole and equipment cabinet shall be maintained and additional plantings may be required by the Planning Director, if determined to be necessary at that time. 5. The facility shall comply with the Radio Frequency Site Compliance Report submitted with the renewal application. At staff's discretion, and not more than once a year, the Town may request that the site operator retain the services of qualified professionals to conduct testing of the radio frequency electromagnetic field emissions and provide a report of such testing in writing to the Planning Department. The report shall compare the results of the testing to the applicable federal emission standards. If at any time the emission levels are shown not to comply with federal standards, the CUP shall be scheduled for a revocation hearing before the Planning Commission, 6. If necessary, the applicant shall submit a signed agreement to the Town, agreeing that should the use be discontinued by the carrier, all facilities will be removed not later than 90 days after discontinuance of the use or abandonment. The agreement shall be signed by the applicant and submitted to the Town. 7. No lights shall be installed at the wireless communications facility, on the monopole the ground equipment. or on Resolution 53-21 Page 3 Conditions of Approval File #CUP21-0002 July 1, 2021 8. Crown Castle or the operator of the site shall be responsible for repair or repainting of the proposed facilities in case of vandalism or wear and must do so within 72 hours of notice by the Town that a complaint has been received. 9. The communications facility shall comply with the Town's noise ordinance at all times. If the Town receives a complaint of excessive noise at the facility, then the applicant shall perform an acoustical analysis of the ground equipment to demonstrate that noise emissions from the equipment is at or below 40 dbl at the property line. 10. The applicant shall not cause interference with the frequencies allocated as primary to the amateur radio service and may be required to correct any and all future interference problems experienced by other licensed services. ENGINEERING DEPARTMENT: 11. Any and all future changes to the cell site shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 1 to April 30) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 12. Any and all areas on the project site that have the native material disturbed due to maintenance at the facility shall be protected for erosion control if during the rainy season and shall be replanted as necessary. Please refer to the Conditions of Project Approval set forth herein. If you believe' that these conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun.. If you fail to file a protest within this 90 -day period complying with all requirements of Section 66020, you will be legally barred from later challenging such exactions. Resolution 53-21 Page 4