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HomeMy WebLinkAbout3.3ITEM 3.3 TOWN OF LOS ALTOS HILLS April 4, 2013 Staff Report to- the Planning Commission SUBJECT: CONDITIONAL .USE: PERMIT RENEWAL AND MODIFICAITONS . FOR AN EXISTING/ PREVIOUSLY APPROVED WIRELESS COMMUl`TICATIONS FACILITY. LANDS OF PURISSIMA HILLS WATER DISTRICT (APPLICANT: T -MOBILE); 12863 LA CRESTA, ROAD; FILE:#284-12-CUP FROM: Nicole Horvitz, Assistant Planner APPROVED: Debbie Pedro, AICP, Planning Director,::V .RECOMMENDATION: That the Planning Commission: Forward a recommendation to the City Council that the Conditional Use Permit be extended for ten (10) years and approve the proposed modifications, subject to the amended Conditions of Approval in Attachment 1. BACKGROUND - The proposed wireless communications facility is located on the 1.02 acre Purissuna Hills- Water District water tank property at 12863 La Cresta Drive. Surrounding uses include single family residences to the west, north, south, and east.. On December 4, .1996, the .City -Council -.approved -the installation. of a PCS° (now T -Mobile) wireless communications :facilities.. on thel Purissima Hills Water -District. property.. Sprint Spectrum was approved on the site on May 1; 199.7. Emergency. Communication,antennas-for:the Emergency Communications Committee (ECC) were approved by the City Council on May 5, 2005.:._ On December. 2,: 2,20 1.0, the City Council: approved a new wireless communications facility on the site for Clearwire Wireless. On December 3, 2012, T -Mobile submitted an application to renew their Conditonal.Use.Peirmit in addition to modifications to the site. CODE REQUIREMENTS Wireless Communications facilities are regulated under Section 10-1.703 (h)"`(2)'and '10='1':1007 (1) of the Los Altos Hills Municipal Code. The project was reviewed for compliance with -the requirements in the Wireless Communications Facilities Policy including: - siting; collocation,, screening,. and. color to ensure that the facility blends with the surrounding area. The Municipal Code also requires. that all Conditional Use Permitsw, must be reviewed by the . Planning Commission and City Council. Staff Report to the Planning Commission Lands of Purissima Hills Water District April 4, 2013 Page 2 of 5 DISCUSSION The current development on the site consists of two (2) water tanks for Purissima Hills Water District, monopoles with antennas for Sprint, Clearwire Wireless, and T -Mobile and associated ground equipment. There are also antennas for the Emergency Communication Committee on the site. As part of this Use Permit renewal, the applicant is requesting to replace the existing ground equipment cabinet in the same location. No antenna modifications are proposed at this time. The ground equipment will be painted to blend in with the existing vegetation and will not be visible from off site. Pursuant to Government Code Section 65964 (b) the duration of time for any permit renewal for a wireless telecommunications facility shall be a minimum of 10 years. Staff has amended condition of approval # 2 in Attachment_ 1 to comply with State Law. Wireless Communications Facilities Policy The facility is consistent with the Town's Wireless Communications Facilities Policy. This is a non-residential site and the mature landscape helps shield the view of facility from 'residential properties in the vicinity of the site. CONCLUSION The facility is operating in compliance with conditions of the approved Conditional Use Permit and the Wireless Communications Facilities Policy. The applicant has submitted a radio frequency (RF) emissions report demonstrating that the facility will operate within federal RF emissions standards and guidelines (Attachment.3). Extension of the Use Permit will allow continued operation of the facility for an additional ten (10) years at which time subsequent Planning Commission/City Council review will be required. CEOA STATUS The proposed application is exempt from California Environmental Quality Act (CEQA) pursuant.to Section 15301(a) of the CEQA Guidelines. ATTACHMENTS 1. Amended Conditions of Approval 2. Applicant's statement requesting CUP renewal and modification received December 6, 2012 3. Radio Frequency emissions report by Hammett & Edison, Inc. September 27, 2012 4. Photo Simulations 5. Wireless Communications Facilities Policy 6. Site Development Plans Staff Report to the Planning Commission ATTACHMENT 1 Lands of Purissima I -1111s Water District April 4, 2013 Page! of 5 ATTACHMENT 1 RECOMMEND CONDITIONS FOR A SITE DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LANDS PURISSIMA HILLS WATER DISTRICT (T -MOBILE) 12863 LA CRESTA: FILE # 284 -12 -CUP PLANNING DEPARTMENT: Any changes or revisions to the telecommunications facility or its use shall require an amendment to the applicable conditional use permit(s). 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. 2. The use permit shall expire thfee-(3) 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. 3. -The new monopoles and ground equipment 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 monopoles and of the equipment cabinets maybe required by - the Planning Director to be planted prior to final inspection, if determined .to be necessary at that time. 5. Not later than thirty. (3), days after installation and initial operation of the antenna facility, and on or prior to January. 1St of;each year thereafter, testing of radio frequency: emissions shall be conducted by qualified, professionals and the. reports of such testing shall be provided in writing to the Planning Department, with comparison to applicable federal emission standards. If at, any, time the emission levels are shown not to comply with Federal standards, the use permit. shall be scheduled fora revocation hearing before the Planning Commission. 6.: The applicant shall submit a, signed agreement to the Town, agreeing that, should the use be discontinued by the carner,; all facilities will be removed not later than 90 days after discontinuance of the use ; or. abandonment. The agreement must be signed by the applicant and submitted to the Town prior to acceptance of plans for building plan check 7....... g-ts_shall.be,installed_on.the. communications facility'or on the ground equipment. _ --- 8.-.T;Mobile or -the operator- of the' site shall be responsible for repair br repainting of the ------------ _ : _ , _proposed facilities incase of vandalism or wear and must.do so tivi in 72 hours. of notice 1, by the Town fhat a complaint hass been received. Staff Report to the Planning Commission Lands of Purissima Hills Water District April 4, 2013 Page 4 of 5 9. The communications facility shall comply with the Town's noise ordinance at all times. The applicant shall perform an acoustical analysis of the ground equipment in the equipment enclosure to demonstrate that noise emissions from the equipment is at or below 70do. A report prepared by an acoustical engineer shall be submitted to the Planning Department, prior to final inspection. 10. The applicant shall not cause radiation 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. ENGINEERING DEPARTMENT: 11. 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 15 to April 15) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 12. The applicant shall inform the Town of any damage and shall repair any damage caused by the construction of the project to pathways, private driveways, and public and private roadways, prior to final inspection and shall provide the Town with photographs of the existing conditions of the roadways and pathways prior to start work CONDITIONS NUMBERS 6 and 12 SHALL BE COMPLETED AND SIGNED OFF BY THE PLANNING DEPARTMENT AND THE ENGINEERING DEPARTlIIENT PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT: 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, andother exactions. i 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: of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 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 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. Staff Report to the Planning Commission Lands of Purissima Hills Water District April 4, 2013 Page 5 of 5 Upon completion of the construction, a final inspection shall be required to be. set with the Planning and Engineering Departments two weeks prior to final building inspection approval. NOTE: The Site Development permit is valid for one year from the approval date. All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years. C) ATTACHMENT 2 Project Description for T -Mobile Modernization Project La Cresta Drive Los Altos. Hill, CA 94022 APN: 175-44-075 RECEIVED Table of Contents Exhibit 1. Project Summary; * 7- 3- 2019 Exhibit 2 Response to original Conditions of App5,200 40?'. Exhibit 3 Letter. of, Owner Authorization TOWN OF LOS ALTOS- HILLS Exhibit 4 Radio Frequency, Compliance Report Exhibit 5 Color Photo Simulations of Antenna Fdbility Exhibit 6 Specificatio Sheets for Equipment exhibit 7 Site Plans .110 Exhibit 8C p 31 �Z� ation . ExhibitJ C1, I'�s��r .��� �. � � � �'�"°�' �/ pvJw.rs,- :�'�i+:� �O'�- Project summary CO Pursuant to the Town of Los Altos Hill's. - Zoning 0rdinahce, T -Mobile is applying 'for a Conditional Use -Permit and any and all other relief necessary to make certain modifications to the existing Wireless Communications Facility located' at La. C", Drive in Los Altos Hills, CA' which consists of an antenna support structure a height of approximately 20 feet abqyd.grquAd level, :together with antennae and other ancillary and accessory cessory facilities.'*Th6-*:s UPPo transmitting and receiving "base station7'equipment serving this. facility is, located in equipment quipment -cabinets -.on the ground near the: antenna support structure. :Tbis-propos' ed modification shall consist of replacing one ground equipment cabinet with a new 6101 cabinet in its pla'c6 This new proposed cabinet is the same size and color as the one it will replace making any vises changes to the site . nonexistent Coaxial cable connects each antenna array.to the Nuiping4t cabinets. The Wireless Communications Facility is situated in a permitted zone,- thereby allowing it to satisfy the,., requirements of the Ordinance. The Property ,was initially .— selected. based on its ;proximity and ability to serve Los Altos' . business and residentialcommunities, . . recreational facilities. and ... major roadways. The height of the. existing Wireless Communication Facility is, in part, a ,function of the geographic. area.thatit needs to -serve, as affected by the local 'topography, 'tree cover and other factors. The Wireless Communications Facility- is unstaffed and requires only infrequent maintenance . visits (approximately one time a month). .,Access to the Wireless Communication Facility is via the existing entryways to .the property. The. Wireless Communications Facility is IWO& within the leas6d Parcel and is entirely 'self - monitored by sophisticated computers that conA dd directly to'a central office and Aeit personnel to equipment malfunction or -breach of security. PCS technology 'does not inter4bre with radio, ttdevision or other communications signals. . In fact al PCS technology -provides vital communications in emergency situations and will be commonly ug8d. by, local residents and emergency personnel to protect the general public's health, safety and welfare. In fact over one half of all "911" and distress calls were placed on wireless phones in the United States during calendar year 2011 (source: CTIA webpage). The.proposed modifications Wireless Communications Facility will be designed and constructed to meet applicable governmental and industry safety standards. Specifically, T -Mobile will comply with all FCC and FAA rules governing construction requirements, technical standards, interference protection, power and height limitations, and radio frequency standards. In addition, T -Mobile will comply with all applicable FAA rules on site location. Any and all RF emissions are subject to the exclusive jurisdiction of the FCC. T -Mobile expressly reserves all of its rights, including, those available to it under the Town of Los Altos Hills Municipal and Zoning Ordinances or any other state, and local or Federal. law. Exhibit 2 Response to Original Conditions of Approval: Any changes or revisions to the telecommunications facility or its use shall require an amendment to the applicable conditional use permit. 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. T -Mobile is requesting a renewal to their existing Conditional Use Permit for their proposed changes at their site with the Town of Los Altos Hills. T -Mobile understands that 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. The Use Permit shall expire ten years from the date of approval. Renewal for the permit must be requested in writing, with appropriate fees, prior to the expiration date. T -Mobile is requesting in writing and with appropriate fees to renew this permit for another ten years. The antenna mounts, panel antennas 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. T -Mobile's site is currently in compliance with the Town of Los Altos' Hills ordinance in regards to blending in with the surrounding. vegetation. The new proposed modification will not affect the antennas or mounts, only the ground equipment cabinet, which will be the same size and color of the ground equipment cabinet currently installed at the site. Landscape screening of the Antenna Mounts 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. T -Mobile has maintained the landscaping that currently surrounds their site and will continue to do so. T -Mobile understands that additional plantings may be required by the Planning Director. 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 drafted by the City Attorney, and must be signed by the applicant and submitted to the Town prior to acceptance of plans for the building plan check. T -Mobile currently has a signed agreement on file with 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. - Not later than 30 days after installation and initial operation of the antenna facility, and on or prior to January I st of each year thereafter, testing of radio frequency emissions shall be conducted by qualified professionals and the reports of such testing shall be provided in writing to the Planning Department, with comparison of applicable Federal Emission Standards. If at any time the emission levels are shown not to comply with Federal Standards, the use permit shall be scheduled for a revocation hearing before the Planning Commission. T -Mobile has included a Radio Frequency Compliance Report attached to this application. T -Mobile also understands that they must provide another report 30 days after installation and on or prior to January 1 st of each year thereafter. Any, and all, changes to the proposed Site Plan shall first be approved by the Town Engineering Dept. T -Mobile is submitting this application to the Planning Department for initial approval. Upon planning approval, T -Mobile will submit for a Building Permit for full review by the Town Engineering Dept. • Any, and all, areas. on the project site that have the native material disturbed shall be protected for erosion control. during, the rainy season and shall be replanted prior to final inspection. T Mobile is currently in compliance at their project site in regards to the non -disturbance of native material. This new proposed cabinet swap will not affect any native material and will fit into the exact location of the existing cabinet. No vegetation will be harmed in this procedure. T -Mobile understands that any erosion measures required by the Town of Los Altos Hills must be replanted prior to final inspection. FCC Radio! Frequency'Protection Guide ATTACHMENT 3 The4-mozolAuired (1996 Telecom Act) the Federal Communications Commission ("FCC") (Q pnationwide human exposure standard to ensure that its licensees do not, cumulatively, ' have a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofre quency Electromagnetic Fields," published in 1986 by the Congressionally chartered -National Council on Radiation Protection and Measure .. 1. . ments ("NCR -P"). Separate -limits apply -for occupationat and public exposureconditions, with the latter limits- generally five times more restrictive. The more recent standard, developed by the Institute of Electrical and Electronics Engineers and approved as American National Standard ANSI/IEEE 095.1-2006, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields,. 3 kHz to .300 GHz,'.' includes similar limits. These -limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender,, size, or 'health. As shown in -the table and chart below, separate. limits apply.for occupational and public exposure conditions, with the latter limits' up to five times more -(in italics and/or dashed) restrictive: Frequency" -Electromagnetic Fields Lf is frequencyzj of emission in &� Applicable Elecific-,. -..,Magnetic Equivalent Far-,Fieid Range Field Strength Field Strength Power Density. GAHZ) (V/.m) (A/m) (mw/cm) 0.3- 1.34 .614 614 1.63 1.63 100 J001- 1.347 3.0. 614 823.81f 1.63 2.191f 100.. :1861f 3.0 -'30- 1942/ f 823.811f 4.89/ f 2.191f 900/ 30- 300. .61.4 27.5 0.163 0.0729 0,2 300 - 3. 5 4,,Ff 1:59,Tf *1106 Iff 12380. f/300 fiq-50 - 1,500- 1,00,000 137 61.4 0.364- 0.163 5.0,. 1000- Occupational Exposure 100— PCS Cell 10 r FM "kw 0 .,00000000000,.o"o4r 0.1 Public F -t posure 3 - 0.1 1 10. .100 10 04 105 Frequency Q&) Highei7levels-ares aflowedforshortperiods- of,time; such -that, total expos= lievels, averaged ,ov'er--six. or thirty minutes, for occupational or public settings, respectively, do. not, exc.ee.d..the. limits;:- pind--:higher levels also are allowed for exposures to small, areas, such that the spatially averaged -levels do not exceed the limits: Hdw.ev.&, neither.of these.aUGw.ances. is incorporated in. the conserVitive.cakplation: formulas in the FCC Office of Engineering and Technology . Bulletin No. 65 (August;,l997-)Jbr projecting field levels. Hammett & Edison has built those formulas into a proprietary . y program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radio sources. The program allows for the description of -buildings and -uneven terrain, if reqw' ed to obtain more accurate projections. SAM- MM_&FD1S0Nr1NC CONSUTINGEFCC Guidelines NCAN� SM FRMCLSM Figure 1 T -Mobile West LLC - Base Station No. SF04628A ' 12863, La Cresta Drive - Los Altos Hills, California Statement of Hammett & Edison, Inc., Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained by T -Mobile West LLC, a wireless telecommunications carrier, to evaluate its existing base station (Site No. SF04628A) located at 12863 La Cresta Drive in Los. Altos Hills, California, for compliance with appropriate guidelines limiting human exposure to radio frequency ("RF") electromagnetic fields. Executive Summary T Mobile- had installed four directional panel antennas on tall- steel poles near the -municipal water tanks located at 12863 La Cresta Drive in Los Altos Hills. All exposure levels under the existing conditions for anyone in publicly accessible areas nearby, together with the operation ,of the other carriers at the site, were well below the federal standard. Prevailing Exposure Standards The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its actions for possible. significant impact on the environment. A summary of the FCC's exposure limits is shown in Figure 1. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive FCC limit for exposures of unlimited duration to radio frequency energy for several wireless services are as follows: . Wireless Service Frequency Band Qccupational Limit Public Limit Microwave (Point -to -Point) I 5,000-80,000MHz 5.00 mW/cm2 1:00 mW/cm2 BRS- (Broadband Radio) - 2,600 5.00 1.00 AWS (Advanced Wireless) . • -2,100 5.00 1.00 PCS (Personal- Communication) 1,950 5:00 1.00 Cellular. 870 2.90 0.58 SMR (Specialized Mobile Radio) 855 2.85 • 0.57 700 MHz 700 2.40 0.48 [most restrictive frequency range] 30-300 1.00 0.20 General Facility Requirements 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_ FCC limits without being physically very near the antennas. HAmmETT & EDISON, INC �• � _� Z7EB CONSUMING ENGINEERS sAryFR+ncca Page 1 of 3 T -Mobile West LLC i, Base Station No. SF04628A 12863 Ca Cresta Drive, -Los Aitos Hills,. California- .Site alifornia .Site Description The site at 12863 La Cresta Drive in Los Altos Hills was visited by Mr. Dhruva Dandekar, a qualified engineer employed by Hammett & Edison, Inc., during normal business hours on September 18, 2012, a non -holiday weekday. T-Mobil%e had- installed four directional panel antennas on tall steel pones along the fence around the municipal water tanks located at that address. Access to the antennas was restricted by their mounting heights and locatiorL Explanatory warning signs' had been posted on the access gate and on the. poles below the antennas. Similar -.antennas were observed on nearby poles along and within the fence for use by 'Sprint Nextel -and Verizon Wireless, other wireless telecommunications carriers. Measurement Results The measurement equipment used was a Wandel &-.Goltermann Type EMR 300.Radiation Meter with Type 18 Isotropic Electric Field Probe (Serial No. F-0034). The meter and probe were under current calibration by the manufacturer. The maximum observed power density level for a person at ground outside the fence was 0.18 mW/cm2, which is less than 38% of the applicable public limit. The maximum observed- level inside the fence was 0:36 mW/cm2, which is less than 75/0 of the public limit. The three-dimensional perimeter of RF levels equal to the public exposure limit did not reach any publicly accessible areas. Conclusion Eased on the information and analysis above, it is the undersigned's professional opinion that the T -Mobile West LLC base station located at 12863 La Cresta Drive in Los Altos Hills, California, as installed and operating at the time of the visit, complies- with .the FCC guidelines limiting .public exposure to radio frequency energy and, therefore, does not for this reason cause a significant impact on the environment Warning signs complied with OET-65 color and symbol recommendations. Contact information was provided in English to arrange for access to restricted areas (the choice of language(s) is not an engineering matter). EDiSON, INC. =` CONSUCUNG ENGINEERS Z7EB SAN FR,iNCLSCU Page 2 of 3 T -Mobile West LLC • Base Station No. SF04628A 12863 La Cresta Drive - Los Altos Hills, 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, 2013. This work has been carried out 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 E-1 M-20676 September 27, 2012 HAA, IMUT & EDISDN, INC - r;1 `. CC>\S8 L"INGENGMERS SAN FRANCSR) w XW 7 a William F. HaniWtt, P.E. 707/996-5200 Z7EB Page 3 of 3 � � J ,f . • gay* '. :^,�y., _ ,r, `ti�� t. 40 opt fxis�q T Mobil �� ^air • •. +, l it'R.. �� r '�.* it 1'L: \,1� �,Y 1¢'♦ � �.JI W `Y, r' r ,,_ 'N` � if / �� ',« 4 x,K:� � � � I '� •1_It s tfillot ion . ,. �� + i ,,1 ', ` 1 .I��� l � •'�t+�^moi ��� .� �`•, •,'..� �'4'+` `• w: ., �f� �� 4 /��'; 7.(' .� J �� � n1�Ili_�"1_�,A�+'741' V�. .. �i�,�,�'r••.^� ? „t• w.: ` • � � � 1 . ,,�.� r . f '�' .�� "�'��!! ' M� `,SSA, 1 `i ' '1.+ GYM► .,.M�- ATTACHMENT 5 TOWN OF LOS ALTOS HILLS LOSALTOSHILLS 26379 Fremont Road Los Altos Hills, CA 94022 a Phone: (650) 941-7222 www.losaltoshills.ca:gov CALIFORNIA Wireless Communications Facilities Policy Amended 10/12/2006 Code Sections Section 10-1.703 (h)(2) of the Zoning Ordinance allows service uses, including"communications facilities", to bePermitted in the Town if a Conditional Use Permit. is granted by the Planning .. Commission and .City Council. Section 10-1. l 0017 (1) of the Code, outlines findings which must be made'to approve' -a use permit, including;thF.proper location of the use or facility. relative to others in the vicinity, the adequacy of the site to accommodate the use,. and that the facility or use will not have an adverse effect on adjacent properties. Intent: - -- The purpose of-flus-polrcy-is-to outline the desired criteria-foi siting of_wireless-coirununications - --- facilities, generally includingmonopoles, related antennas, and equipment.:sheltes...As the Town's land use is virtually entirely residential, wireless communications facilities; willbe: most appropriately located on public or institutional sites existing within the Town. colocation, location on or near existing' l;uildings, and landscape screening will be desired to minimize the visual impacts of the facilities on neighbors and the public. Policy: 1. Priorities for siting - Wireless communication facilities shall generally be located on properties'with priority as follows: a. Town -owned properties b. Foothill College c. `Water tanks d. Other public or quasi -public facilities; such as schools or churches e. Residential properties of at leasften (10) acres 2. Siting` on residential "parcels - Wireless communication facilities may be permitted on properties used for residential purposes or vacant parcels intended for residential property owner provides written consent and significant visual impacts are mitigated. 3. Colocation — Colocation of wireless communication .facilities with other facilities is encouraged to the maximum extend feasible, as long as the colocation is technologically compatible. and __does. not.. substantially increase visual impacts. The Town will generally require as a condition of approval for any conditional use permit that the applicant permit colocation of other facilities, subject to technological constraints and Town review. Policy: Wireless Communication Facilities Page 2 3a. Applications for colocation on an existing wireless communications facility shall be subject to. an administrative review provided that the following requirement is met: • The colocated antennas and ground equipment shall be mounted or installed within an existing tower, building, or structure where the physical appearance of the existing facility is not altered to accommodate the additional antennas and equipment. 4..Landscape screening and color - Landscape screening shall be required by the Town to minimise the visual . impacts of wireless communication facilities: Poles, antennas, and equipment buildings should be. painted to blend with the surrounding environment and/or buildings to further minimize visual impacts. 5. Environmental review.- A Negative Declaration will typically be prepared for review of proposed wireless communication facilities, with special attention to the visual impacts of the facilities. Categorical exemptions may be used where.facilities'are colocated with or would be minimal additions to existing structures, with negligible additional visual impact. 6. Antenna master plans — Any applicant for a wireless communication facility site shall submit applications, to the best of their knowledge, for all sites anticipated to be required by the carrier for a three (3) to five (5) year period, and the request shall be reviewed by the Planning Commission and the City Council as a master plan application. 7. Terms of permits and abandonment of sites — Conditional use ,permits . for wireless communications facilities shall be- established for periods not to exceed five . (5) .years, at which time renewal of the permit must be requested by. the applicant. More frequent review of the operation of the permit may be made -'a condition of approval. Approval will also require a written agreement from the applicant that, should the use be discontinued by the carrier, all facilities will be removed not later then ninety (90) days after. discontinuance of the use •or abandonment. Such a provision shall also be included in any lease with the Town for use: of Town lands for wireless communications facilities. The Town may require bonding or other surety to assure the removal of such facilities. 8. Wireless communication firms shall, at the time of application for permits, demonstrate efforts which have been mad to inform neighboring residents of the proposed. facilities, such as conducting meetings, or mailing fact sheets and/or letters, etc ... to .neighbors. 9. The Planning Director is authorized to reduce or waive permit fees for any, wireless communications facility that is proven to expand wireless_ coverage in the Town and is structurally capable of colocation. 10. The Planning Director is authorized to administratively approve portable wireless communications facilities also known as cell on wheels or COWs on certain properties as specified in Policy #1 on a temporary basis.