HomeMy WebLinkAbout30-22RESOLUTION 30-22
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
27210 ALTAMONT ROAD
(LANDS OF THE TOWN OF LOS ALTOS HILLS; FILE #CUP21-0003)
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 November 3, 2005, the City Council of the Town of Los Altos Hills approved a
Conditional Use Permit (CUP) for Verizon Wireless to construct a wireless telecommunications
facility at 27210 Altamont Road (File #177-05-ZP-SD-CUP-VAR) which included a monopine,
antennas and related equipment area; and
WHEREAS, on June 17, 2010, the City Council approved a 10 -year renewal of the CUP (File
#16 -10 -CUP); and
WHEREAS, in July 2021, the City Council approved a 15 -year extension of the ground lease for
the wireless facility; and
WHEREAS, on July 14, 2021, the Town received an application to renew the CUP for an
additional 10 -year period with no proposed modifications to the monopole or equipment area (File
#CUP21-0003); 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 February 3, 2022, considered all written documentation and public comments, 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 Exhibit B; and
WHEREAS, the City Council of the Town of Los Altos Hills held a duly noticed public hearing
on March 17, 2022 and considered all written documentation and public comments; and
WHEREAS, the 10 -year renewal of the Conditional Use Permit is categorically exempt from the
provision of the California Environmental Quality Act pursuant to Section 15301(b) of the CEQA
Guidelines because these are no modifications proposed to an existing public utility facility.
Resolution 30-22 Page 1
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as
follows:
The Town hereby approves File #CUP21-0003 for a 10 -year renewal of a Conditional Use Permit
to operate a wireless telecommunications facility at 27210 Altamont Road, subject to the findings
and conditions of approval attached to this Resolution as Exhibits A and B.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a regular meeting held on the 17th day of March 2022, by the following vote:
AYES: Tyson, Swan, Molc, Schmidt, Tanlcha
NOES: None
ABSENT: None
ABSTAIN: None
BY:
George Tyson, r ay
ATTEST:
Resolution 30-22 Page 2
EXHIBIT A
FINDINGS FOR A 10 -YEAR RENEWAL OF A CONDITIONAL USE PERMIT FOR A
WIRELESS TELECOMMUNICATIONS FACILITY;
LANDS OF THE TOWN OF LOS ALTOS HILLS
(APPLICANT: ATC SEQUOIA LLC)
27210 ALTAMONT ROAD; FILE #CUP21-0003
1. The proposed use or facility is properly located in relation to the community as a whole, land
uses, and transportation and service facilities in the vicinity.
The telecommunications site was established in 2005 and is located on Town owned property
near the highest point on a ridge. The facility provides highly valued cellular and internet
service for Verizon and T -Mobile customers in the upper Altamont Road area and there are
no other telecommunications sites in Los Altos Hills within a one -mile radius. The site is
easily accessible and located along a neighborhood collector street.
2. The site for the proposed use is adequate in size and shape to accommodate the proposed
use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such
other features as may be required by this chapter or, will be needed to assure that the
proposed use will be reasonably compatible with land uses normally permitted in the
surrounding area.
The facility is located at the Westwind Barn, a 1.7 -acre publicly owned property that contains
a barn and horse -riding facility. The amount of area occupied by the monopine and the
equipment lease area encompass less than 1,000 square feet of area on the 74,000 square foot
lot. The 750 square foot equipment area has adequate screening and does not impact
operations at the barn.
3. The site for the proposed use will be served by streets and highways of adequate width and
pavement to carry the quantity and kind of traffic generated by the proposed use.
The site is located on a neighborhood collector street which is adequate in width and
pavement to support the vehicles that service the facility. In addition, the site is un -manned
and traffic generated by service vehicles is minimal and has no impact on traffic in the area.
4. The proposed use will not adversely affect the abutting property or the permitted use thereof.
The wireless telecommunications facility has been operating on the property for the last 17
years and it provides highly valued cellular and internet service for Verizon and T -Mobile
customers in the upper Altamont Road area. There have been no complaints received from
surrounding neighbors in the last 10 years and the equipment and monopine are located at
the back of the barn, furthest from surrounding residences.
5. The proposed facility complies with all applicable provisions of the Wireless
Telecommunications Facilities Ordinance.
Resolution 30-22 Page 3
The existing facility was established under a previous wireless communications facilities
policy that has since been superseded by the recently adopted Wireless Telecommunications
Facilities Ordinance. A review of the existing structures and equipment at the site has
determined that the facility is compliant with the current ordinance with regard to site
location, aesthetics, setbacks and noise. In addition, the radio frequency site compliance
report shows that the facility is operating within FCC standards and that emissions are well
below the maximum permitted.
6. The proposed facility has been designed and located to achieve compatibility with the
community to the maximum extent reasonably feasible.
The facility contains a 71 -foot tall monopine, which is a tower with antennas that has been
camouflaged to look like a conifer tree. The monopine design blends well with the forested
hillside behind the property and with the trees that surround the Westwind Barn. In addition,
the equipment area has a low wall that is screened from the road and surrounding residences
by dense vegetation.
7. The applicant has submitted a statement of its willingness to allow other carriers to collocate
on the proposed wireless telecommunications facility wherever technically and economically
feasible and where collocation would not harm community compatibility.
There are currently two cellular providers co -located on the same monopine and using the
same equipment area.
8. Noise generated by equipment will not be excessive, annoying nor be detrimental to the
public health, safety, and welfare and will not exceed the standards set forth in this article.
The existing equipment area is surrounded by a 5 -foot tall masonry wall that provides a sound
barrier between. the wireless equipment and the surrounding homes and the equipment is
located behind the barn structure. In addition, the existing equipment does not produce sound
levels at the property line in excess of those permitted by the Town's noise regulations.
Resolution 30-22 Page 4
EXHIBIT B
CONDITIONS FOR A 10 -YEAR RENEWAL OF A CONDITIONAL USE PERMIT FOR A
WIRELESS TELECOMMUNICATIONS FACILITY;
LANDS OF THE TOWN OF LOS ALTOS HILLS
(APPLICANT: ATC SEQUOIA LLC)
27210 ALTAMONT ROAD; FILE #CUP21-0003
PLANNING DEPARTMENT:
1. Any changes or revisions to the telecommunications facility or its use shall require an
amendment to the applicable permit(s). Additionally, the Planning Director may schedule a
review or revocation hearing before the Planning Commission regarding any Conditional
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.
2. No modifications to the approved plans are allowed except as otherwise first reviewed and
approved in writing by the Planning Director or by action of the Planning Commission,
depending on the scope of the changes, and consistent with the requirements of Section
6409(a) as applicable.
The applicant shall be strictly liable for interference caused by the wireless communications
facilities with the Town's emergency communications systems. The operator shall be
responsible for all labor and equipment costs for determining the source of the interference
and all costs associated with eliminating the interference (including, but not limited to,
engineering analysis, filtering and installing directional antennas).
4. As is required for other construction projects within the Town, the applicant shall defend,
indemnify, and hold harmless the Town of Los Altos Hills and its agents, officers, and
employees from any claim, action, or proceeding related to the Tenant's use of the premises
against the Town of Los Altos Hills or its agents, officers, or employees to attack, set aside,
void, or annul an approval of the project to the extent such actions are brought within the
time period required by Government Code Section 66499.37 or other applicable law;
provided, however, that the Applicant's duty to so defend, indemnify, and hold harmless
shall be subject to the Town's promptly notifying the Applicant of any said claim, action, or
proceeding and the Town's full cooperation in the defense of such actions or proceedings.
The facility shall comply with the recommendations outlined in the EME Report for the site
dated September 19, 2021. At staff's discretion, and not more than once a year, or no later
than thirty (30) days after installation and initial operation of any new pole mounted
equipment, the Town may require 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 Conditional Use
Permit shall be scheduled for a revocation hearing before the Planning Commission.
Resolution 30-22 Page 5
6. 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 seventy-two (72) hours of notice by the
Town that a complaint has been received.
7. 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 forty (40) dB at the property line.
8. Should the use be discontinued by the carrier, all facilities will be removed not later than 60
days after discontinuance of the use or abandonment.
9. All new pole mounted antennas, equipment and support structures shall not extend beyond
the existing monopine canopy. All new antennas shall be covered with "needle socks"
matching the artificial foliage on the monopine and all cables, support structures and all other
associated equipment on the monopine shall be painted to match the color of the existing
foliage and pole, to the satisfaction of the Planning Director.
10. No light fixtures are permitted on the monopine. Two service lights (one service light for
each carrier's equipment area), not to exceed 600 lumens, may be installed within the
equipment area for emergency repairs. The light fixture shall be mounted no higher than the
height of the enclosure wall and shall be shielded to direct light downward.
It. The applicant shall not cause interference in 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.
12. The applicant shall not place any facilities that will deny access to, or otherwise interfere
with, any public utility, easement, or right-of-way located on the site. The applicant shall
allow the Town reasonable access to, and maintenance of, all utilities and existing public
improvements within or adjacent to the site, including, but not limited to, pavement, trees,
public utilities, lighting and public signage.
13. At all times, all required notices and signs shall be posted on the site as required by the FCC
and California Public Utilities Commission, and as approved by the Town. The location and
dimensions of a sign bearing the emergency contact name and telephone number shall be
posted pursuant to the approved plans.
14. All conditions of approval shall be binding as to the applicant and all successors in interest
to applicant.
15. The use permit shall expire ten (10) years from the date of approval (March 17, 2032).
Renewal of the permit must be requested in writing, with appropriate fees, prior to the
expiration date.
Resolution 30-22 Page 6
Please refer to the Conditions of Project Approval set forth herein. If you believe that these
conditions impose any fees, dedications, reservations 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 30-22 Page 7