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MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A Application I.D.: PA2016-0003 Application Type: Conditional Use Permit & Design Review Location: Mid-Peninsula Water Tank Site on Hallmark Drive Applicant: Judith Justice for Crown Castle & T-Mobile Owners: Mid-Peninsula Water District APN: 045-330-200 Zoning: A Agricultural & Open Space General Plan Designation: P Public Facility Environmental Determination: Categorically Exempt, Section 15303, Class 3(e) PROJECT DESCRIPTION The applicant has requested approval of a Conditional Use Permit and Design Review to add three panel antennas and additional wireless facility components for the existing T-Mobile wireless telecommunication facility at the Mid-Peninsula Water Tank Site on Hallmark Drive. RECOMMENDATION Staff recommends that the Planning Commission approve the Conditional Use Permit and Design Review subject to the findings and conditions of approval contained in the attached draft resolution in accordance with Section 6409 of the Middle Class Tax Relief Act of 2012 (see pages 5 & 6). 1 1 Please note: This recommendation is made in advance of completion of all public testimony or Commission discussion of the project. At the public hearing, these two factors, in conjunction with the staff analysis, will be considered by the Commission in rendering a decision on the project.

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Page 1: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

MEETING OF MARCH 1, 2016

AGENDA ITEM NO. 5A

Application I.D.: PA2016-0003

Application Type: Conditional Use Permit & Design Review

Location: Mid-Peninsula Water Tank Site on Hallmark Drive

Applicant: Judith Justice for Crown Castle & T-Mobile

Owners: Mid-Peninsula Water District

APN: 045-330-200

Zoning: A – Agricultural & Open Space

General Plan Designation: P – Public Facility

Environmental Determination: Categorically Exempt, Section 15303, Class 3(e)

PROJECT DESCRIPTION

The applicant has requested approval of a Conditional Use Permit and Design Review to add

three panel antennas and additional wireless facility components for the existing T-Mobile

wireless telecommunication facility at the Mid-Peninsula Water Tank Site on Hallmark Drive.

RECOMMENDATION

Staff recommends that the Planning Commission approve the Conditional Use Permit and

Design Review subject to the findings and conditions of approval contained in the attached draft

resolution in accordance with Section 6409 of the Middle Class Tax Relief Act of 2012 (see

pages 5 & 6).1

1 Please note: This recommendation is made in advance of completion of all public testimony or Commission discussion of the project. At the public hearing, these two factors, in conjunction with the staff analysis, will be considered by the Commission in rendering a decision on the project.

Page 2: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

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PLANNING COMMISSION STAFF REPORTRE: Water Tank Site on Hallmark Drive #PA 2016-0003March 1, 2016Page 2

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Page 3: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

PLANNING COMMISSION STAFF REPORT RE: Water Tank Site on Hallmark Drive #PA 2016-0003 March 1, 2016 Page 3

ZONING/GENERAL PLAN DESIGNATION

The site is located within the A – Agricultural Zoning District and is designated P – Public

Facility in the General Plan. A wireless telecommunication facility is permitted for this property

with approval of a Conditional Use Permit.

PRIOR ACTIONS

o 1996 – A Conditional Use Permit and Design Review application was approved by the

Planning Commission in June 1996 to allow a Pac Bell wireless telecommunication facility

(now T-Mobile).

o 1996 – A Conditional Use Permit and Design Review application was approved by the

Planning Commission in December 1996 to allow a Sprint wireless telecommunication

facility on the site.

o 2001 – A Conditional Use Permit and Design Review application was approved by the

Planning Commission in November 2001 to allow a Metro PCS wireless telecommunication

facility on the site (panel antennas to be mounted below the existing Sprint antennas). Based

on the project data, and previous wireless telecommunication projects for the site (photo

simulations, project plans and reports), the Metro PCS facility appears to not have been

installed.

o 2013 – A Conditional Use Permit and Design Review application was approved by the

Planning Commission in October 2013 to replace two existing Sprint panel antennas and

ground equipment, and to install additional wireless facility components.

o 2014 – A Conditional Use Permit and Design Review application was approved by the

Planning Commission in December 2014 to install two panel antennas and additional

wireless facility components for the existing Sprint facility. SITE CONDITIONS

The subject lot is located on the south portion of Hallmark Park which is south of the intersection

of Wakefield Drive and Hallmark Drive. The 4-acre octagonal-shaped lot contains two large

water storage tanks surrounded by a circular earth berm that screens the existing site

improvements from surrounding areas.

PROJECT ANALYSIS

Antennas

T-Mobile is proposing to add three panel antennas. Each antenna would be 93” high x 14.5” wide

x 6.9” deep. The antennas would be mounted to the existing monopole at a maximum height of

thirty-seven (37’) feet above grade level.

Page 4: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

PLANNING COMMISSION STAFF REPORT RE: Water Tank Site on Hallmark Drive #PA 2016-0003 March 1, 2016 Page 4

Remote Radio Units (RRUs) & Ground Equipment

The new ground equipment will consist of adding three Remote Radio Units (RRU’s) within an

existing equipment enclosure. The proposed siting and design of the improvements would be

similar to the existing wireless facility on the site.

An amendment to the existing CUP is required to allow modifications to the existing wireless

facility.

SECTION 6409 of the MIDDLE CLASS TAX RELIEF ACT OF 2012

On February 12, 2012 the Middle Class Tax Relief Act of 2012 became federal law. Section

6409(a) of this Act establishes new requirements for the permitting of modifications, and

colocation and removal of existing wireless telecommunications towers and base stations.

Section 6409(a) states:

A state or local government may not deny and shall approve any eligible facilities request

for a modification of an existing wireless tower or base station that does not substantially

change the physical dimensions of such tower or base station.

Eligible Facility

The term eligible facilities request means any request for modification of an existing wireless

tower or base station that involves a) colocation of new transmission equipment b) removal of

transmission equipment and c) replacement of transmission equipment.

Substantial Change

A request to modify an eligible facility must be approved if it does not result in a substantial

change to an existing tower or base station (i.e. wireless facility). Modifications “substantially

change” a facility if the modification will do one or more of the following:

1. Increase the height more than:

a) 10% or one additional antenna array not more than 20 feet (whichever is

greater) higher for towers on private property, or

b) 10% or 10 feet (whichever is greater) for towers in the public rights-of-way

and all base stations;

2. Increase the width more than:

a) 20 feet or the tower width at the level of the appurtenance (whichever is

greater) for towers on private property, or

b) six feet for towers in the public rights-of-way and all base stations;

3. Install more than four (4) equipment cabinets;

Page 5: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

PLANNING COMMISSION STAFF REPORT RE: Water Tank Site on Hallmark Drive #PA 2016-0003 March 1, 2016 Page 5

4. Involve any excavation outside either:

a) the lease or license area on private property, or

b) the “proximity” to the ground-mounted equipment in the ROW;

5. Defeat the existing concealment elements of the tower or base station; or

6. Violate a prior condition of approval that does not conflict with FCC standards for a

“substantial change” under 1-5 above.2

Based on the project plans, the proposed project will not increase the height of the tower

structure, increase the width more than 20-feet, install more than four (4) equipment cabinets,

involve excavation outside of the proximity of the site, or defeat any existing concealment

previously approved by the Planning Commission. Since the project does not constitute a

substantial change as defined by the Federal Communications Commission (FCC), the City is

required to approve the project within sixty days of submittal, including review by the Building

Division for building permits no later than March 12, 2016.

Wireless Facility Engineering Review

The applicant submitted a radio frequency analysis report prepared by Sitesafe, Inc., dated

8/25/15. The project was peer-reviewed by the City's third party telecommunications consultant

Preiser Consulting in a report dated 1/25/16. Based on a peer review comment, the applicant

requested that Sitesafe update their report (dated 2/4/16). Preiser Consulting has reviewed the

revised Sitesafe report and no revisions to the peer review were necessary.

The Sitesafe report states the cumulative RF emission levels from all operators will be compliant

with FCC rules and regulations. A copy of the Safe Site report and peer review are included as

attachments to this report. The following mitigation measures are recommended for this site, if

not already in place:

Place “Yellow Caution” signs at the base of both the T‐Mobile and Sprint monopoles.

Place “Blue Notice” signs at potential access points to the top of the larger tank (adjacent

to the Sprint antennas), such as fixed climbing ladders, or at the top of the tank.

Provide RF safety awareness training of personnel that may work at elevated positions

directly in front of the antennas or on top of the tanks.

Preiser Consulting is of the opinion that the wireless facility as proposed, with implementation of

the recommended mitigation measures, if not already in place, will comply with FCC guidelines

for permissible levels of radio frequency exposure.

2 City Attorney Memorandum to the Planning Commission and City Council, dated February 3, 2015

Page 6: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

PLANNING COMMISSION STAFF REPORT RE: Water Tank Site on Hallmark Drive #PA 2016-0003 March 1, 2016 Page 6

ENVIRONMENTAL CLEARANCE (CEQA)

The proposed project is categorically exempt from the provisions of the California

Environmental Quality Act as it qualifies under Section 15303, Class 3(e):

“Construction and location of limited numbers of new, small facilities or structures;

installation of small new equipment and facilities in small structures… accessory

structures…”

The proposed antennas and equipment comply with this designation and are exempt per CEQA.

PERMIT REVIEW

The applicant’s proposal for a wireless facility requires a Conditional Use Permit and Design

Review. The following is a discussion for each requested entitlement.

SIGNAL RECEIVING OR TRANSMITTING ANTENNAS ANALYSIS

Section 25 of the Belmont Zoning Ordinance establishes that all wireless telecommunication

facilities in the City of Belmont secure approval of a Conditional Use Permit. Thus, in order to

make findings of approval for the Conditional Use Permit, the Planning Commission must

determine that the telecommunication facility meets standards and requirements of the Wireless

Communication Ordinance.

Section 25.7.1 – Definitions

The Ordinance defines a Monopole Antennae “as freestanding device that transmits or receives

electromagnetic signals”.

The proposed panel antennas will be affixed to the freestanding monopole.

Section 25.7.2. - Standards

1. General Standards

A. Building mounted antennae are encouraged.

The proposal includes three new antennas mounted to an existing monopole.

B. Where building mounting is not possible, an attempt should be made to screen new

monopoles from public view and to co-locate new antennas on existing monopoles on the

site.

No new monopoles are proposed, as the project entails installing three additional

antennas on an existing monopole.

Page 7: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

PLANNING COMMISSION STAFF REPORT RE: Water Tank Site on Hallmark Drive #PA 2016-0003 March 1, 2016 Page 7

C. In order to minimize overall visual impacts, wireless communication facilities should be

designed to promote facility and site sharing.

There are currently two cellular carriers on the subject property (T-Mobile and Sprint).

The proposed project would occur within an established area, currently in use by T-

Mobile.

D. Wireless communication facilities should avoid any unreasonable views from

neighboring properties.

The existing T-Mobile facility is not visible from neighboring residential properties. The

closest single-family homes are approximately 400 feet from the T-Mobile facility.

E. No facility should be installed on an exposed ridgeline, in or at a location readily visible

from a public trail or other recreation area or scenic area unless it is screened to appear

as a natural environmental feature.

The project site is not located on an exposed ridgeline and is not readily visible to the

public. The existing earth berm, structures (water tanks), and on-site vegetation within the

surrounding area will generally assist in screening the proposed wireless facility from

public view. Additionally, the existing and proposed panel antennas mounted to the pole

will be painted a medium brown (or golden brown) color to blend with the surrounding

vegetation.

2. Site Location Standards:

A. Wireless communications facilities may be considered at the following locations,

provided that other City requirements are satisfied:

2. Public Land:

Wireless communication facilities may be installed on sites with a Public Facilities

General Plan land use designation and on land owned by a political subdivision of

the State of California, such as the City of Belmont and Belmont Water District.

The project site is designated P – Public Facility in the General Plan and on land owned by the

Mid-Peninsula Water District. The site is appropriate for installation of a wireless

telecommunication facility.

B. Wireless communication facilities are not permitted on any property with a residential

General Plan land use designation unless a variance pursuant to Section 14 to this

standard is granted.

The property does not have a residential land use designation and thus no variance to this

standard is required.

Page 8: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

PLANNING COMMISSION STAFF REPORT RE: Water Tank Site on Hallmark Drive #PA 2016-0003 March 1, 2016 Page 8

4. Standards for Monopoles

A. Monopoles may be considered only when the applicant reasonably demonstrates that the

proposed facility cannot be placed on an existing building or monopole.

The proposed antennas will be located on an existing monopole.

B. New monopoles shall be located no closer to a residentially designated parcel than one

(1) foot for each foot in antenna height.

No new monopoles are proposed. Thus, the project conforms to this standard.

C. Substantial landscaping or other screening shall be provided to buffer any adjoining

residential uses.

The site contains vegetation along the perimeter of the property including large trees that will

assist in screening the T-Mobile facility. In addition, the existing earth berm surrounding the

property will assist in screening the existing wireless facility from view of the surrounding

residential uses that are located at lower elevations.

D. No portion of a monopole shall be located in the required front yard setback and/or in

front of the main structure; or in the required setback along a secondary street frontage

of a corner lot.

The existing monopole is located to the rear of the property and is not located along any

secondary street frontage of a corner lot.

E. Monopoles located within the required rear yard setback shall not exceed a height of 15-

feet above the main structure’s height limit of the zoning district within which the facility

is located.

The existing monopole is not located within the required rear yard setback of the site. Thus, this

standard does not apply.

F. Monopoles located within the buildable area of the main structure shall not exceed a

height of 50-feet.

The proposed new antennas will be mounted onto the existing 30-foot monopole at a height of

approximately 37-feet from the ground to the top of the antennas. The project conforms to this

standard.

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PLANNING COMMISSION STAFF REPORT RE: Water Tank Site on Hallmark Drive #PA 2016-0003 March 1, 2016 Page 9

G. No portion of guy wires or support structures shall extend over any property line.

Existing underground conduits currently serve the telecommunication facility. The facility will

be located within the property boundaries of the subject site and approved leased area. The

project conforms to this standard.

H. Not more than one monopole in excess of 15-feet above the main structure’s height limit

of the zoning district within which the facility is located shall be installed on any given

lot.

Both monopoles that exist on the site are less than the height limit for the district, thus

conforming to this standard.

I. Not more than three monopole support structures up to 15-feet above the main

structure’s height limit set forth in the zoning district shall be permitted per lot.

There are two monopoles located on this site. The existing T-Mobile monopole with the mounted

antennas are 37-feet in height (as measured from the ground to the top of the antennas) and the

second monopole (operated by Sprint) is also approximately 37-feet in height. The A –

Agricultural zoning district maximum building height is 35-feet. The maximum allowed height

for an antenna is 50-feet (15-ft. above the main structure’s height limit of the zoning district

which the facility is located). Thus, the project conforms to this standard.

J. On a developed site, monopoles may be permitted only where the applicant has shown a

good faith effort to secure an alternate site at an existing utility substation or corridor.

Development of wireless communication facilities on vacant sites shall be temporary.

When the site is developed, these facilities shall be removed and replaced with building

mounted antennas.

The proposed antennas and associated equipment will be located on lands owned by the Mid-

Peninsula Water District. This site is consistent with the Site Location Standards of the Wireless

Communication Ordinance. The site is suitable for the wireless communication facility.

Other conditions:

Section 25.7.5 provides authority to impose additional appropriate conditions on a project by

project basis to ensure land use compatibility. The following additional conditions apply to this

project and would be added to the permit:

1. 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.

2. The applicant shall agree to adjust, correct or remove the antennas to the satisfaction of

the City of Belmont should the transmission from the antennas interfere with Belmont

emergency transmission or communication facilities.

Page 10: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

PLANNING COMMISSION STAFF REPORT RE: Water Tank Site on Hallmark Drive #PA 2016-0003 March 1, 2016 Page 10

3. If the facility is abandoned in the future, the applicant will be required to remove the

wireless communication antennae and equipment from the site.

CONDITIONAL USE PERMIT & DESIGN REVIEW ANALYSIS

The requisite Conditional Use Permit Findings (Section 11.5.1) and Design Review Principles

(Section 13.5.3) are provided in the attached resolution (see Attachment II).

CONCLUSION AND RECOMMENDATIONS

Based on the foregoing analysis, staff recommends approval of the Conditional Use Permit and

Design Review applications with the conditions of approval as specified in Attachment III of this

report.

ACTION ALTERNATIVES

1. Deny the Conditional Use Permit and Design Review application.

ATTACHMENTS

I. 300/500 Foot Radius Map (incorporated as Page 2 of report)

II. Resolution approving the Conditional Use Permit and Design Review

III. Conditions of Approval

IV. Neighborhood Outreach Strategy

V. RF Analysis by Sitesafe, Inc., 2/4/16

VI. Preiser Consulting, report dated 1/25/16

VII. Applicant’s plans and submittal materials (Commission only)

VIII. Photo Simulation (Commission only)

Respectfully submitted,

______________________ ____________________________

Rob D. Gill Carlos de Melo

Associate Planner Community Development Director

CC: Applicant/Property Owner

Page 11: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

RESOLUTION NO. 2016

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELMONT

APPROVING A CONDITIONAL USE PERMIT AND DESIGN REVIEW TO ALLOW

MODIFICATIONS TO AN EXISTING WIRELESS TELECOMMUNICATION FACILITY AT

THE HALLMARK WATER TANK SITE (PA2016-0003)

WHEREAS, Judith Justice for Crown Castle, on behalf of T-Mobile, requests Conditional

Use Permit and Design Review approval to install three panel antennas and additional wireless

facility components at the Mid-Peninsula Water Tank Site on Hallmark Drive; and,

WHEREAS, a public hearing was duly noticed, held, and closed on March 1, 2016; and,

WHEREAS, the Planning Commission hereby relies upon the staff report dated March 1,

2016 and the facts contained therein, as they pertain to the project, as its own findings of facts; and,

WHEREAS, the Planning Commission did hear and use their independent judgment and

considered all said reports, recommendations and testimony herein above set forth.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the

Conditional Use Permit and Design Review to install three new antennas and associated equipment

at the Mid-Peninsula Water Tank Site on Hallmark Drive, subject to the conditions attached as

Exhibit “A”, upon finding that:

Environmental Review

The proposed project is categorically exempt from the provisions of the California Environmental

Quality Act as it qualifies under Section 15303, Class 3 (e).

“Construction and location of limited numbers of new, small facilities or structures;

installation of small new equipment and facilities in small structures; and the conversion of

existing small structures from one use to another where only minor modifications are made

in the exterior of the structure.”

Conditional Use Permit

Section 11.5.1 of the Zoning Ordinance requires the following findings be made prior to the

issuance of A Conditional Use Permit:

A. The location of the proposed use is compatible to other land uses in the general

neighborhood and does not place an undue burden on existing transportation, utilities and

services of the vicinity.

The wireless telecommunication facility as proposed is compatible with other uses in the

neighborhood and is located on a site with a Public Facility general plan designation and an

Agriculture and Open Space zoning designation. Construction/modifications to the proposed

wireless telecommunication facility will not place an undue burden on existing transportation,

Page 12: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

Resolution

Water Tank Site on Hallmark Drive

March 1, 2016

Page 2 of 4

utilities and services in the vicinity since the project only requires on-site visits by T-Mobile

wireless personnel for regular maintenance of this facility. This finding is affirmed.

B. The site is of sufficient size to accommodate the proposed use together with all yards, open

spaces, walls and fences, parking and loading facilities, landscaping and such other

provisions required by this Ordinance.

The site is of sufficient size to accommodate the modifications to the existing telecommunications

use while not infringing upon required setbacks, open space, walls and fences, parking and loading

facilities, landscaping and other provisions required by this Ordinance. This finding is affirmed.

C. The site will be served by streets of capacity to carry the traffic generated by the proposed

use.

The proposed use will generate minimal additional traffic in that it will generally involve only

limited visits by maintenance personnel. The site is served by an access road from

Hallmark Drive which can accommodate the traffic generated by the proposed use. This finding is

affirmed.

D. The proposed use, if it complies with all conditions upon which approval is made

contingent, will not adversely affect other property in the vicinity or the general welfare of

the City.

The conditions of approval of this permit include standards in accordance with the Wireless

Communication Ordinance to ensure land use compatibility. In addition, Conditions of Approval

will mitigate the proposed antennas regarding safety, and future problems with the site. The

proposed wireless telecommunication facility, as conditioned, will not adversely affect other

properties in the vicinity or the general welfare of the City. This finding is affirmed.

Design Review

The proposed monopole mounted antennas are required to meet the Design Review Principles in

Section 13.5.3 of the City of Belmont Zoning Ordinance. The following is an analysis of the

applicable standards for the proposed application:

A. Review of buildings or structures for scale, mass, proportion, use of materials, relationship

to adjacent elements and relationship to the community as a whole.

The project will be integrated with the existing water tank facility and in a similar design as the

existing wireless facility at the site. The existing and new equipment mounted to the pole will be

painted a medium brown (or golden brown) color to blend with the surrounding vegetation as

conditioned. The existing trees/vegetation on site generally assists in screening the wireless facility

components from public view.

Page 13: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

Resolution

Water Tank Site on Hallmark Drive

March 1, 2016

Page 3 of 4

B. Review of proposed exterior color and material application with relationship to adjacent

architectural or natural elements. The intent with respect to review of color is to avoid the

use of extreme color.

The existing and new equipment mounted to the pole will be painted a medium brown (or golden

brown) color to blend with the surrounding vegetation as conditioned. The proposed improvements

do not include the use of extreme colors.

C. Review of the proposed location, height, and materials of walls, fences, hedges and screen

plantings to insure harmony with adjacent development or to conceal storage areas, utility

installations or other surfacing to prevent dust erosion.

Existing vegetation on site includes primarily mature trees along the site boundaries. The proposed

project does not include any new fences, walls or landscaping. The mature vegetation on the subject

property and surrounding the site generally provides a sufficient barrier/screen between the T-

Mobile wireless facility and the closest residence(s).

D. Review of location, size, height, lighting and landscaping of signs as specified in the Sign

Ordinance, in relation to traffic hazards and the appearance of harmony with the

environment. The intent with respect to review of color is to avoid the use of extreme color.

No signage is proposed for the project with the exception of the new RF warning signs that will be

posted at the water tank site.

E. Review of site layout considering the orientation and location of buildings and open spaces

in relation to the physical characteristics of the site, the character of the neighborhood, the

appearance and harmony of the buildings with adjacent development and the surrounding

landscape.

The T-Mobile facility is located within the property boundaries of the subject site and the approved

leased area. The overall impact to the site will be minimal. The site has adequately housed this type

of wireless facility since 1996.

F. Review of the layout of the site with respect to locations and dimension of vehicular and

pedestrian entrances, exits, drives and walkways.

The entire site is secured from general public access by a locked gate and chain-link fence. The only

access is one entrance off an access road from Hallmark Drive. There is adequate space within the

secured area for parking of employee vehicles.

G. Review of site landscaping including adequacy of irrigation plans, size and location of plant

materials, and protection of existing plant materials.

Existing vegetation on site includes primarily mature trees along the site boundaries. No new

landscaping is proposed on the site in conjunction with this application.

Page 14: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

Resolution

Water Tank Site on Hallmark Drive

March 1, 2016

Page 4 of 4

The Planning Commission has considered the applicant’s request for Design Review and finds it

generally consistent with the Design Review Ordinance Principles (Section 13.5.3). The Planning

Commission reviewed the proposed wireless facility installation and believes the proposal (as

conditioned) conforms to all required standards and is generally compatible with neighboring

properties.

Passed and adopted at a regular meeting of the Planning Commission of the City of Belmont

held on March 1, 2016 by the following vote:

AYES,

COMMISSIONERS:

NOES,

COMMISSIONERS:

ABSENT,

COMMISSIONERS:

ABSTAIN,

COMMISSIONERS:

RECUSED,

COMMISSIONERS:

Carlos de Melo

Planning Commission Secretary

Page 15: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

EXHIBIT “A”

CONDITIONS OF PROJECT APPROVAL CONDITIONAL USE PERMIT & DESIGN REVIEW

HALLMARK WATER TANK SITE

(APPL. NO.PA2016-0003)

I. COMPLY WITH THE FOLLOWING CONDITIONS OF THE COMMUNITY

DEVELOPMENT DEPARTMENT:

A. The following conditions shall be shown on plans submitted for a building permit and/or

site development permit or otherwise met prior to issuance of the first building permit

and shall be completed and/or installed prior to occupancy and remain in place at all

times that the use occupies the premises except as otherwise specified in the conditions:

Planning Division

1. Construction shall conform to the plans on file in the Planning Division for Appl.

No. 2016-0003 and date-stamped January 12, 2016. The Director of Community

Development may approve minor modifications to the plans.

2. All construction and related activities which require a City building permit shall be

allowed only during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, and

10:00 a.m. to 5:00 p.m. on Saturdays. No construction activity or related activities

shall be allowed outside of the aforementioned hours or on Sundays and the

following holidays: New Year’s Day, President’s Day, Memorial Day, 4th of July,

Labor Day, Thanksgiving Day and Christmas Day. All gasoline powered

construction equipment shall be equipped with an operating muffler or baffling

system as originally provided by the manufacturer, and no modification to these

systems is permitted.

3. Prior to issuance of building permits, the property owner shall file with the Director

of Community Development, on forms provided by the City, an acknowledgment

that he/ she has read, understands and agrees to these conditions of approval.

4. In accordance with the Belmont Zoning Ordinance, the permit(s) granted by this

approval shall expire one (1) year from the date of approval, with said approval date

indicated on the accompanying Planning Commission resolution. Any request for

extension of the expiration date shall be made in accordance with the applicable

provisions of the Belmont Zoning Ordinance.

5. In the event that this approval is challenged by a third party, the property owner and

all assignees will be responsible for defending against this challenge, and agrees to

accept responsibility for defense at the request of the City. The property owner and

all assignees agree to defend, indemnify and hold harmless the City of Belmont and

all officials, staff, consultants and agents from any costs, claims or liabilities arising

from the approval, including without limitation, any award of attorneys fees that

might result from the third party challenge.

Page 16: MEETING OF MARCH 1, 2016 AGENDA ITEM NO. 5A

CONDITIONS OF APPROVAL

Hallmark Water Tank Site – PA 2016-0003

March 1, 2016

Page 2 of 4

6. Signage: All existing signage shall be updated to reflect the T-Mobile name and

contact information. Said signage shall instruct maintenance personnel to contact T-

Mobile prior to working near an antenna.

7. Signage: Place “Yellow Caution” or required FCC RF notification signs at the base

of both the T‐Mobile and Sprint monopoles.

8. Signage: Place “Blue Notice” or required FCC signs at potential access points to the

top of the larger tank (adjacent to the Sprint antennas), such as fixed climbing

ladders, or at the top of the tank.

9. The applicant shall be required to correct any and all future interference problems

experienced by neighbors with respect to reception problems caused by this facility.

10. The applicant shall agree to adjust, correct or remove the antennas to the satisfaction

of the City of Belmont should the transmission from the antennas interfere with

Belmont emergency transmission or communication facilities.

11. If the wireless communications facility use ceases on the property, the operators of

the former facility and the property owners, shall be required to remove the wireless

communication antennae, equipment structure, and all its contents from the site.

12. The applicant shall post these Conditions of Approval and the approved site plans for

the approved wireless communications facility use such that it is permanently and

clearly visible to all facility personnel. Such posting shall also include contact

information/phone numbers for noise complaints associated with operation of the

facility.

13. All existing and proposed panel antennas, wireless facility components (Remote

Radio Units), and monopole shall be painted a medium brown (or golden brown)

color.

14. Plans that include electrical components to be submitted for building permits for the

project shall be certified and wet-stamped by a California licensed electrical

engineer.

Building Division

1. Prior to any construction, the applicant or a designated representative shall obtain all

of the required building permits for the project. Plans shall conform to approved

plans and shall show building materials and color scheme.

2. Specify that the 2013 California Code of Regulations as amended by the State of

California and all applicable City of Belmont ordinances will be employed during

this project.

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3. The construction/maintenance crew shall post hours of operation and phone numbers

for noise complaints during construction of the facility.

II. COMPLY WITH THE FOLLOWING CONDITIONS OF THE PUBLIC WORKS

DEPARTMENT:

A. The following conditions shall be met prior to the issuance of the first building

permit (i.e., foundation permit) and/or site development permits except as otherwise

specified in the conditions.

1. Applicant shall coordinate any work within this project with Mid-Peninsula Water

District.

B. The following conditions shall be met prior to occupancy except as otherwise

specified in the conditions.

1. The property owner/applicant shall apply for and obtain temporary encroachment

permits from the Department of Public Works for work in the City public right-of-

way, easements or property in which the City holds an interest, including driveway,

sidewalk, sewer connections, sewer clean-outs, curb drains, storm drain connections,

placement of a debris box.

C. The following conditions shall be met prior to occupancy except as otherwise

specified in the conditions.

1. The owner/applicant shall ensure that applicable Best Management Practices (BMPs)

from the San Mateo Stormwater Pollution Prevention Program (STOPPP) are

followed to prevent discharge of soil or any construction material into the gutter,

stormdrain system or creek.

2. The owner/applicant shall ensure that all construction personnel follow standard

BMPs for stormwater quality protection during construction of project. These

includes, but are not limited to, the following:

a) Store, handle and dispose of construction materials and wastes properly, so as to

prevent their contact with stormwater.

b) Control and prevent the discharge of all potential pollutants, including solid

wastes, paints, concrete, petroleum products, chemicals, washwater or sediment,

and non-stormwater discharges to storm drains and watercourses.

c) Use sediment controls, filtration, or settling to remove sediment from dewatering

effluent.

d) Do not clean, fuel, or maintain vehicles on-site, except in a designated area in

which runoff is contained and treated.

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e) Delineate clearing limits, easements, setbacks, sensitive or critical areas, buffer

zones, trees, and drainage courses with field markers or fencing.

f) Protect adjacent properties and undisturbed areas from construction impacts

using vegetative buffer strips, sediment barriers or filters, dikes, mulching or

other measures as appropriate.

g) Perform clearing and earth moving activities only during dry weather (April 15

through November 14).

h) Limit and time applications of pesticides and fertilizers to prevent polluted

runoff.

i) Limit construction access routes and stabilize designated access points.

j) Do not track dirt or other materials off-site; clean off-site paved areas and

sidewalks using dry sweeping methods.

3. Failure to comply with any permit condition may result in a “Stop Work” order or

other penalty.

III. COMPLY WITH THE FOLLOWING CONDITIONS OF THE POLICE DEPARTMENT:

1. All activities shall be subject to the requirements of the Belmont Noise Ordinance.

2. No debris boxes or building materials shall be stored on the street.

3. Flag persons shall be positioned at both ends of blocked traffic lanes.

4. 24-hour written notice to the Police Department is required before any lane closure.

Certification of Approved Final Conditions:

Rob D. Gill, Associate Planner Date