REPORT TO THE PLANNING COMMISSION

Transcription

1 REPORT TO THE PLANNING COMMISSION Meeting Date: May 13, 2015 Application: Design Review PDR Location / APN: Prospect Rd. near Kristy Lane / Owner / Applicant: Staff Planner: City of Saratoga / Verizon Wireless Michael Fossati Utility Pole near Kristy Lane

2 SUMMARY ZONING Single-Family Residential (R1-10,000) GENERAL PLAN DESIGNATION Community Facilities (CFS) PROJECT DESCRIPTION: The applicant is requesting Design Review approval to install one cylindrical antenna and associated equipment on an existing utility pole, located within the right-of-way on the south side of Prospect Road and west of Kristy Lane. Additional equipment includes an electrical meter, three radio remote units (RRU s), a ground mounted cabinet, three fiber duplexes, one buss bar, and one disconnect switch. The total combined height of the antenna and utility pole would be approximately 52 feet. STAFF RECOMMENDATION: Approve Resolution No approving the project subject to conditions of approval. PROJECT DATA Pursuant to City Code Section (a), no building permit shall be issued for the construction of a Wireless Telecommunications Facility, or the modification of an existing Wireless Telecommunications Facility, within any zoning district until such structure has received design review approval by the Planning Commission. SITE AND PROJECT CHARACTERISTICS Site Description: The project site is located along the northern city boundary between the City of Saratoga and the City of San Jose. The utility pole is located directly behind the properties of and Eric Drive, along the south side of Prospect Road. Project Description: The applicant is proposing to install one cylindrical antenna on top of an existing wooden utility pole. The new antenna has a nine inch diameter and is approximately two feet tall. The antenna would be installed on top of a six foot tall power safety post, which would provide the clearance required by the Federal Government for wireless antenna installation on utility poles. The overall height of the pole would increase from approximately 42 feet, 9 ½ inches, to 51 feet, 9 inches. The antenna, power safety post, conduit and bracketry would all be painted mesa brown to match the existing utility pole. Additional equipment would be installed either onto the side of the pole or on the ground. This equipment includes an electrical meter box (also to be painted Mesa Brown), three RRU s, additional conduit and associated bracketry. The electrical meter and RRU s would be installed directly onto the pole, at a distance ranging from seven feet to 18 feet above the ground. Lastly, a Verizon Wireless Small Cell Equipment cabinet would be mounted on a raised concrete pad and installed adjacent to the pole. All cabling that would attach from the cabinet to the pole would be underground. 2

3 The site was reviewed by Public Works to determine if pedestrian and ADA access could be maintained. It was determined that as long as the equipment was either located outside the existing sidewalk and street, Public Works would be satisfied with the project. Public Works conditions have been added to the resolution. Verizon has supplied a letter discussing the project in detail (Attachment 2) along with existing and proposed coverage maps (Attachment 3). Per the attached maps, quality of data coverage would substantially increase with the proposed installation. Federal Communications Commission (FCC) Requirements Under the Telecommunications Act of 1996, the FCC has exclusive jurisdiction over Radio Frequency (RF) emissions from personal wireless antenna facilities. The City can evaluate and regulate only the aesthetic aspects of wireless installations. Any concerns regarding health and safety aspects of the wireless sites are not within the purview of the Planning Commission. Pursuant to its authority under federal law, the FCC has established rules to regulate the safety of emissions from these facilities. In an effort to demonstrate compliance with FCC regulations, the applicant has provided a Radio Frequency (RF) Compliance report (Attachment 4). The report concludes the proposed telecommunication facility would comply with the FCC s current standards for limiting human exposure to RF energy, and no significant impact on the general public is expected. As proposed, the new antenna would operate at no more than 6.6% of the maximum permitted exposure (MPE) limit for the general public. Middle Class Tax Relief and Job Creation Act of 2012 As part of the Middle Class Tax Relief and Job Creation Act of 2012, approved by the Federal Government, there were certain provisions added to allow wireless tower facilities to modify an existing wireless facilities without discretionary review. The existing facilities are called eligible facilities. An eligible facility is an existing tower or base station that currently has wireless antennas located on it. Modifications include collocate, remove, or replace antennas and equipment associated with wireless service. The existing utility pole is currently not an eligible facility, as it does not have wireless equipment located on it. If approved, the pole would become an eligible facility. Staff has provided a summary of the potential future modifications that may occur without discretionary review (Attachment 5). Neighbor Correspondence The applicant was unable to contact any neighboring property owners regarding the project. Staff sent a Notice of Public Hearing to all property owners within 500 feet of the subject property. The public hearing notice and description of the project was published in the Saratoga News. Staff received multiple comments over the phone and via on the proposed project. Comments raised include aesthetics, health concerns regarding RF radiation, adequate cell coverage already received, and concerns about being too close to 3

4 McAuliffe school and residential areas. Staff informed the residents that the antenna would be over out of view and would be painted a color to match the existing pole and their other concerns regarding property values and adequate coverage are not addressed in the findings required for approval. Staff also informed the residents that safety concerns are governed by the FCC and cannot be used to deny a project. s from the concerned neighbors have been included as Attachment 6. DESIGN REVIEW FINDINGS The findings required for issuance of a Design Review Approval pursuant to City Code Section are set forth below and the applicant has met the burden of proof to support making all of those required findings: (a) That the Wireless Telecommunications Facility is or can be co-located with another Wireless Telecommunications Facility located on a structure or an existing utility pole/tower in the public right-of-way unless the applicant has demonstrated that such location is not technically or operationally feasible. The project meets this finding because the new antenna will be located on an existing utility pole in the public right-of-way. (b) That the Wireless Telecommunications Facility and related structures incorporate architectural treatments and screening to substantially include: (1) Appropriate and innovative stealth design solutions; (2) Techniques to blend with the surrounding environment and predominant background; (3) Colors and materials that are non-reflective; (4) Exterior textures to match the existing support structure or building; and (5) Reasonably compatible height with the existing surrounding environment. The project meets this finding because the proposed antenna would be installed on the top of an existing utility pole approximately 52 feet in the air and painted brown to match the existing pole. The associated equipment would also be painted brown in order to blend in with the suburban surroundings. (c) That landscaping and fencing provide visual screening of the Wireless Communication Facility's ground-mounted equipment, related structures, and that fencing material is compatible with the image and aesthetics of the surrounding area. The project has not proposed any fencing or landscaping to visually screen the ground mounted equipment associated with the project. Instead, the equipment is to be low profile (38 tall x 26 wide) and will be painted mesa brown to match the adjacent utility pole. Furthermore, the ground mounted equipment will be compatible with the existing ground mounted equipment within the surrounding area, in that all other utility cabinets are uncovered and exposed. Landscaping and fencing would not be appropriate for the site since the area of installation is not large enough to accommodate landscaping 4

5 and fencing, in general, would not be compatible with the image and aesthetics of the surrounding area in that no other utility cabinets are screened with fencing. ENVIRONMENTAL DETERMINATION: The proposed project, which includes installation and replacement of new cellular equipment, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section of the Guidelines for Implementation of CEQA. This Class 3 exemption applies to new construction of limited small new facilities; installation of small, new equipment and facilities in small structures. ATTACHMENTS: 1. Resolution of Approval Prospect Road and Kristy Lane 2. Justification Letter 3. Existing and Proposed Coverage Maps Verizon 4. RF Energy Compliance Report 5. Small Cell Base Station Diagram (provided by SV joint venture) 6. from Neighbors 7. Photo Simulations 8. Reduced Plans, Exhibit "A. 5