Loading...
HomeMy WebLinkAbout61-24RESOLUTION 61-24 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS MAKING A CATEGORICAL EXEMPTION DETERMINATION UNDER CEQA AND APPROVING A CONDITIONAL USE PERMIT RENEWAL FOR AN EXISTING WIRELESS COMMUNICATIONS FACILITY AT 26140 DUVAL WAY AND IMPOSING CERTAIN CONDITIONS OF APPROVAL WHEREAS, on January 8, 2009, the City Council approved Conditional Use Permit #139-08- CUP - IS -ND for a new monopine structure and equipment at 26140 Duval Way; and WHEREAS, on May 14, 2024, The Town of Los Altos Hills received an application for a Conditional Use Permit Renewal (CUP24-0001) from the wireless provider, AT&T Mobility represented by Epic Wireless, for an existing wireless communications facility at 26140 Duval Way ("Project"); and WHEREAS, based on the record presented before it, the project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) as the project scope is a renewal of an existing wireless facility with no changes to the facility; and WHEREAS, the project application was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Hills Municipal Code; and WHEREAS, the Planning Commission held a duly noticed public hearing on the project on September 18, 2024, and considered all evidence, testimony, written documentation, and public comments and voted 5-0-0 to forward a recommendation of approval to the City Council; and NOW, THEREFORE, based on the entirety of the record before it, the City Council of the Town of Los Altos Hills hereby finds that the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15301(b) and approves the Conditional Use Permit Renewal subject to the conditions contained in Exhibit "A" and incorporated herein by reference. 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 22nd day of October 2024 by the following vote: AYES: Mok, Schmidt, Swan, Tyson NOES: None ABSTAIN: None ABSENT: Tanlcha BY: ATTEST: Stanley Q. Mok, Mayor ika Birdsong -Miller, City rk RESOLUTION 61-24 CONDITIONS OF APPROVAL AT&T Mobility — 26140 Duval Way — File# CUP24-0001 PLANNING: 1. Any changes or revisions to the telecommunications facility or its use shall require an amendment to the applicable conditional use permit(s). Additionally, the Community Development Director may, at any time, schedule a review or revocation hearing before the Planning Commission regarding the use permit, if any condition of approval is not met or the facility being used inconsistently with the approved use or in violation of Town development codes. 2. In accordance with the Town's Wireless Communications Policy, the applicant shall permit the collocation of other carrier's wireless communications equipment at this facility. 3. The use permit shall expire ten (10) years from the date of approval. Renewal of the permit must be requested in writing, with appropriate fees, prior to the expiration date. 4. The applicant shall submit a signed agreement to the Town that should the use be discontinued by the carrier; all facilities will be removed not later than ninety (90) days after discontinuance of the use or abandonment. The agreement shall be signed by the applicant and submitted to the Town. 5. The monopine and equipment enclosure shall continue to be painted using appropriate colors that blend with the existing structures and the surrounding landscaped environment. All site landscape screening associated with the wireless site shall continue to be maintained and replaced as necessary. 6. The applicant may be required to correct any and all future interference problems experienced by neighbors with respect to reception problems caused by this facility. 7. 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 Community Development 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. 8. AT&T Wireless or the operator of the site shall be responsible for repairing 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 applicant is required to water sweep roads if soil material is carried onto public streets. 10. The noise emissions from the ground equipment at the communications facility shall comply with the Town's noise ordinance at all times. 11. Storage of construction materials, portable toilets and debris must be stored and staged on the subject property for this project. Temporary storage of construction boxes or construction materials must be kept on the property and out of any private easement or public right -of- way to permit emergency vehicle access during the construction project. 12. Promptly following renewal of the Conditional Use Permit, the wireless provider shall augment the existing landscaping with two (2) 24 -inch box trees/shrubs of similar species to be planted downslope of the facility. All required landscape screening shall be inspected by Community Development Department staff. ENGINEERING: 13. Any, and all, changes to the approved site plan 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. 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. NOTE: The Conditional Use Permit is valid for ten years from the approval date (until October 22, 2034).