CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.1 STAFF REPORT November 15, Staff Contact: Christina Corsello (707)

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1 CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.1 STAFF REPORT November 15, 2011 Staff Contact: Christina Corsello (707) TITLE: VERIZON WIRELESS AT PEABODY ROAD REQUEST: CONDITIONAL USE PERMIT REQUEST TO ADD 12 NEW ANTENNAS TO AN EXISTING VERIZON WIRELESS MONOPINE TELECOMMUNICATION POLE AT 521 PEABODY ROAD. RECOMMENDED ACTION: APPROVE THE CONDITIONAL USE PERMIT REQUEST, SUBJECT TO THE CONDITIONS OF APPROVAL. APPLICATION INFORMATION APPLICATIONS: Categorical Exemption and Conditional Use Permit FILE NO: File No APPLICANTS: Complete Wireless Consulting PROPERTY OWNER: Evert Wilkerson PROPERTY INFORMATION LOCATION: SITE AREA: ZONE: GENERAL PLAN DESIGNATION: CURRENT LAND USE: ADJACENT ZONING & USE: 521 Peabody Road 300 sq. ft. (Verizon lease area) CN Neighborhood Commercial Neighborhood Commercial CN Retail building North: CN (retail uses) and Marshall Road South: CN (retail uses) East: CN (retail use and membership organization) West: Peabody Road and RH (High Density Residential) PROJECT SUMMARY: EQUIPMENT SHELTER AREA: EQUIPMENT SHELTER HEIGHT: HEIGHT OF MONOPINE POLE: NUMBER OF POLES AFFECTED: NUMBER OF PROPOSED ANTENNAS: ACCESS: UTILITIES: 750 sq. ft. 18 ft. No Increase in height 80 ft. No Increase in height One 12 (3 wireless antenna sectors, 4 antennas per sector) Via driveways on Peabody Road and Marshall Road City utilities serve the site 1

2 PROJECT DESCRIPTION The project proposal is to add three new antenna sectors with four new Verizon Wireless antennas on each sector, for a total of 12 new antennas, to an existing 80 ft. monopine telecommunications pole, located at 521 Peabody Road. The applicant is also proposing to install six ground mounted cabinets, two wall mounted cabinets, and one emergency diesel generator with a 132 gallon diesel fuel storage tank, all within an existing equipment enclosure structure. The panel antennas are rectangular in shape and will be shielded from view within the branches. The system will transmit and receive radio signals for a regional PCS network. The proposed project will not increase the overall height of the pole or the square footage of the equipment enclosure. PREVIOUS ACTIONS 2008 The City of Vacaville Planning Commission approved a Conditional Use Permit for an 80-foot stealth tree pole (monopine) with four (4) antennas and a 9-foot by 12-foot equipment facility for Metro PCS The City of Vacaville Community Development Department approved the addition of three (3) panel antennas, three (3) parabolic antennas, and one (1) equipment cabinet for Clearwire. Project was not built. PROJECT ANALYSIS COMPLIANCE WITH ADOPTED PLANS AND ORDINANCES Conditional Use Permit According to Section (Telecommunication Facilities Definitions) of the City of Vacaville Land Use and Development Code, an antenna mounted to an existing structure, such as a water tank, billboard, power pole or other similar structure, is considered Antenna, Structure Mounted. Section (Telecommunication Facilities Type of Facilities) considers structure-mounted antennas such as the ones being proposed as Major Facilities in the CN Neighborhood Commercial zoning district. Therefore, the Code requires that the applicant obtain a Conditional Use Permit to construct the proposed telecommunication facility. The existing 80-foot monopine currently has four Metro PCS antennas in an equipment shelter with 3 equipment cabinets that were approved by Planning Commission in December of The proposal is to add twelve Verizon antennas to the monopole with six equipment cabinets and an emergency back-up diesel generator in the equipment shelter. The diesel generator will be a 30kw standby emergency generator with 132 gallon diesel fuel storage tank. The generator will be in compliance with fire and safety codes. For maintenance purposes, the generator will be operated for approximately 15 min per week. As a condition of approval, a noise analysis will be supplied to the Community Development Department to ensure the generator noise will not exceed code restrictions. 2

3 The intent of the additional antennas is so Verizon can improve their cellular communication service in Vacaville, specifically in the Peabody and Marshall area. Currently this portion of Verizon network is suffering from lack of cellular capacity and poor coverage due to the ever increasing volume of service in this area. Additionally, the site will serve as a backup to the existing landline service in the area. The project will not interfere with any TV, radio, telephone, satellite, or any other signals. According to an August 2011 Radio Frequency Electromagnetic Field Study performed by Hammett and Edision, INC Consulting Engineers, the operation of the project and the cumulative impacts of the existing antennas will be well below Federal Communications Commission standards for limiting public exposure to radio frequency energy. LAND USE COMPATIBILITY Adjoining Land Uses The project site is a privately owned retail parcel with various retail tenants. An existing telecommunications enclosure is attached to the building and is leased to various wireless companies, including Verizon Wireless. The project parcel adjoins other retail and neighborhood commercial uses, and is in the vicinity of nearby residential uses on Marshall Road and Peabody Road. The City sent notices to residents and property owners within 600 ft. of the project site on November 2, and as of November 10, 2011, planning staff has not heard from any concerned residents. The proposed antennas will be installed on an existing monopine pole (metal pine tree), which includes xx cellular antennas belonging to Verizon and other users? The monopoine structure is located behind the existing commercial building, within an equipment enclosure. The antennas, equipment cabinets and diesel back-up generator will be located 160 ft. away from the closest residents adjoining church property to the east, and approximately 180 ft. away from the closest residents to the north located across Marshall Road. Noise associated with the operation of the antennas and the equipment shelter is not expected to impact surrounding uses. Noise from the back-up generator is not anticipated to impact surrounding areas. A condition of approval (No. 3) is being recommended to require that a noise analysis be prepared to confirm that daytime and nighttime noise levels will not be exceeded by the operation of the antennas, equipment, and back-up generator. Staff does not believe the proposed project will impact adjoining land uses or surrounding residents. ENVIRONMENTAL REVIEW Pursuant to Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA), this project is Categorically Exempt from the requirements of CEQA. No additional environmental review is required for this project. CONCLUSION The applicant is proposing is to add 12 new Verizon Wireless antennas to an existing 80 ft. monopine pole located at 521 Peabody Road. The applicant is also proposing to include additional equipment cabinets and generators to support the new antennas. The 3

4 applicant is not proposing to incrase the height of the monopine pole, or increase the footprint of the existing equipment shelter area. Staff is supportive of the applicant s Conditional Use Permit request, because: (1) the project will not create any visual or aesthetic impacts on the project site or the surrounding areas; (2) the applicant will utilize existing infrastructure rather than construct new ones; (3) the project will enhance certain telecommunication signals within the City; and (4) approval of additional antennas is consistent with previous City actions regarding telecommunication facilities. RECOMMENDATION By simple motion, that the Planning Commission approve the Resolution of the Planning Commission of the City of Vacaville approving the Verizon Wireless at Peabody Road Conditional Use Permit. ATTACHMENTS: Exhibit A Conditions of Approval Exhibit B Location Map Exhibit C Verizon Wireless Plan Set Exhibit D Photo-simulations Exhibit E FCC Compliance Study Exhibit F Telecommunications Chapter 4

5 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VACAVILLE APPROVING THE VERIZON WIRELESS AT PEABODY ROAD CONDITIONAL USE PERMIT WHEREAS, the Planning Commission of the City of Vacaville conducted a hearing on November 15, 2011 to consider the Verizon Wireless at Peabody Road Conditional Use Permit, relating to the following described property: 521 Peabody Road APN WHEREAS, the public hearing before the Planning Commission was duly noticed in accordance with applicable state law and the Vacaville Land Use and Development Code requirements; and WHEREAS, the Planning Commission received testimony from City staff, the applicant, and all interested persons regarding the proposed project; and WHEREAS, the Planning Commission has determined that the project is categorically exempt under Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. WHEREAS, The Planning Commission has reviewed the request for the Verizon Wireless modification to an existing Conditional Use Permit, and finds: 1. That the proposed use and location is consistent with the goals, objectives, and policies of the General Plan and of the Development Code. The Land Use and Development Code requires a Conditional Use Permit for telecommunication facilities such as the one being proposed, which the applicant is requesting in order to be in compliance with the General Plan and the Land Use and Development Code. The proposed project and conditions of approval are designed to ensure compatibility with adjacent uses. 2. That the subject site is suitable for the type and intensity of use or development proposed, and the location, size, design, and operating characteristics of the proposed use are compatible with adjacent uses or with adjacent natural resources. As proposed and conditioned, staff is not anticipating any land use impacts to adjoining uses. The Land Use and Development Code allows such facilities with approval of a Conditional Use Permit, which the applicant is obtaining. 5

6 3. That the proposed use and any exception or waiver to development or performance standards shall not result in conditions that would be detrimental to the public health, safety, or welfare of the community. The project proposal does not include any exceptions or waivers to development or performance standards which may result in conditions that would be detrimental to the public health, safety, or welfare of the community. 4. That adequate public facilities and services are available to serve the site or will be made available concurrent with the proposed development. All City utilities and services are available to serve the site. 5. That projected traffic levels and levels of service are, or as a result of conditions of approval will be, consistent with the policies of the Transportation Element of the General Plan. The proposed project will not create any impacts to traffic levels or levels of service on the City s circulation system and is consistent with the policies of the Transportation Element of the General Plan. 6. That the potential impacts to the City s inventory of residential lands have been considered. The proposed project will be located within an existing telecommunications enclosure attached to a commercial building. There will be no impacts to the City s inventory of residential lands. NOW, BE IT RESOLVED that the Planning Commission does hereby approve the Verizon Wireless at Peabody Road Conditional Use Permit at 521 Peabody Road, subject to the conditions of approval in EXHIBIT A, attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the Planning Commission of the City of Vacaville, held on the 15 th day of November, 2011, by the following vote: AYES: NOES: ABSENT: ATTEST: Maureen T. Carson, Director of Community Development 6

7 EXHIBIT A CONDITIONS OF APPROVAL VERIZON WIRELESS AT PEABODY ROAD CONDITIONAL USE PERMIT 521 PEABODY ROAD File No I. Standard Conditions of Approval: The applicant shall comply with the applicable Standard Conditions of Approval. In the event of a conflict between the Standard Conditions of Approval and these Conditions, these conditions shall prevail. II. Project-Specific Conditions: The applicant shall comply with the following Project-Specific Conditions: PLANNING 1. This action approves a Conditional Use Permit request to add 12 new Verizon Wireless antennas, and accessory cabinets, and back-up generator to an existing facility located at 521 Peabody Road. Specifically, the project proposal is to add 3 new Verizon Wireless antenna sectors with 4 new Verizon Wireless antennas on each sector, for a total of 12 new antennas, to an existing 80 ft. monopine pole located at 521 Peabody Road. Additionally, 6 ground mounted cabinets, 2 wall mounted cabinets, and 130kw standby emergency diesel generator with 132 gallon diesel fuel storage tank; all within an existing structure. 2. Plans submitted for Building Permits shall be in substantial compliance with plans approved by this action, and dated November 15, 2011, except as modified by these conditions. Any modifications to the approved plans or project description shall be subject to review and approval by the Director of Community Development and may require a separate Planning entitlement review process. 3. Prior to final inspection and finalizing the building permit, the Applicant shall submit documentation that a noise test of the back-up generator unit was conducted. The results shall demonstrate that the back-up generator unit does not generate noise greater than 45 dbl for night time noise (10:00 p.m. to 7:00 a.m.) and noise greater than 50 dba for daytime noise (7:00 a.m. to 10:00 p.m.) when measured at the rear property line of the residence nearest to the equipment cabinet site. 4. Backup generators shall only be used during power outages and for periodic testing and maintenance purposes. Testing and maintenance shall be scheduled and conducted in such a manner that is least disruptive to the surrounding land uses. 5. The construction, operation or maintenance of the antennas or equipment shelter shall not result in the reduction of any approved on-site landscaping. 6. Prior to occupancy, the Applicant shall repair damage to any existing public improvement to the satisfaction of the Director of Public Works. 7

8 7. Section (D) of the City of Vacaville Land Use and Development Code states: A permit or entitlement may be revoked for reasons which include, but are not limited to, any of the following: (1) Failure to comply with the original approval or with one or more of the project conditions as originally approved; or the construction or development of the subject property is not in conformance with the project as approved; (2) Upon a determination that the permit or entitlement was obtained or extended upon fraud or misrepresentation; and (3) Upon a determination that the project violates a provision of the Municipal Code or is not operating in conformance with the performance standards. 8. The Applicant, (Complete Wireless Consulting) and the development shall comply with these conditions of approval and all applicable provisions of the Vacaville Municipal Code (Zoning, Subdivision, Building Codes, etc.), the Vacaville General Plan and any applicable policy plan or specific plan, as such provisions may be amended from time to time including, but not limited to, Vacaville Municipal Code Section , which requires, except as otherwise provided by law (e.g. Government Code ) that the Applicant shall defend, indemnify, and hold harmless the City and its officials and employees in any action, claim or proceeding brought by any person or entity to overturn, set aside, or void any permit, entitlement, or approval issued or granted by the City. The City shall promptly notify the Applicant of any such action, claim or proceeding and the City shall cooperate with Applicant in the defense thereof without contributing to the cost of such defense. 9. The Applicant, (Complete Wireless Consulting) shall indemnify, defend and hold the City of Vacaville and its officers and employees harmless against all claims, suits or actions made against them arising out of or in connection with the ownership, occupancy, use or development of the project site, or any portion thereof, including the installation or construction of improvements thereon; however, this duty to indemnify and defend shall not extend to any claim, suit or action arising solely from the City or its officers or employees' negligence or misconduct. In addition, the Applicant shall comply with the requirements of Vacaville Municipal Code Section FIRE 10. Approved address numbers shall be provided for the location. Such numbers shall contrast with their background and be readily visible from the street. Additional numbers shall be indicated on each unit s rear door. CFC , NFPA 1, and Vacaville Fire Dept. Policy. 11. A Knox key box shall be located adjacent to the front door of each tenant space. An application is available at the Fire Department Administration Office. You should submit the application promptly to avoid delays in occupancy. 12. Fire extinguishers and signage shall be required. 13. All work shall be in conformance with California Fire Code Chapter 14, Fire Safety During Construction and Demolition and NFPA 241 Safeguarding Construction, Alteration, and Demolition Operations. 8

9 14. A hazard rating diamond shall be posted in a visible area when hazardous materials are stored per NFPA County s approval shall be required for the storage of diesel fuel for generators. 16. Stationary storage battery systems must comply with Section 608 and table of 2010 California Fire Code. 17. Tank shall meet UL 2200 and NFPA 110 and No open flames and smoking signs shall be posted. 19. Project must comply with Chapter 34 of the 2010 California Fire Code. 20. AN APPROVED WATER SUPPLY AND EMERGENCY VEHICLE ACCESS MUST BE COMPLETED BEFORE ANY COMBUSTIBLE MATERIALS ARE ALLOWED ON THIS SITE. Contact the Fire Inspector for a clearance letter prior to receiving any combustible materials at this site. 21. Access roads with a minimum unobstructed width of 20 feet shall be provided to the front and rear of structures. A minimum vertical clearance of 13 feet 6 inches shall be provided. 22. In areas where the building height exceeds 30, a minimum of a 26 width is required. Access roads shall be engineered to support the imposed load of the apparatus which is typically 25 tons and shall be designed per the City Public Works Department Standards. An access road shall be provided to within 150 feet of all exterior walls of the first floor of the buildings. The route of the access road shall be approved by the Fire Marshal. Dead-end access roads in excess of 150 feet in length shall be provided with an approved means for turning around the apparatus. The final design of the turnaround shall be reviewed and approved by the Fire Marshal prior to installation. 23. Unless otherwise approved by the Fire Marshal, all private driveways shall meet the following criteria: Average grades shall not be more than 12.5% with no section greater than 14%. Sections of private driveways less than 100 feet in length may have grades of 15% if specifically approved by the Fire Marshal on a case-by-case basis. Private driveways greater than 100 feet in length shall have a minimum clear width of 20 feet. Private driveways less than 100 in length shall have a minimum width of 15. Private driveways greater than 100 feet in length shall have a turn-around or turnout approved by the Fire Marshal every 100 feet and at the structure. 9

10 Fire Department Permits All Fire Plans will take at least 4 weeks to check. Please call Jill Childers at with any questions. 24. Submit three (3) complete sets of automatic fire sprinkler system plans, hydraulic calculations, and specifications to the Fire Department, conforming to NFPA 13, for review and approval prior to installation. (1001.3) CFC All concealed combustible spaces formed by composite wood joist construction shall be protected by fire sprinklers. When such spaces are allowed to be unsprinklered combustible concealed spaces, the minimum remote sprinkler design area shall not be less than 3,000 square feet. 25. Indicate in writing and on the construction plans method of compliance with Sections and (b), NFPA 13. Provide necessary diagrammatic details. 26. Submit two (2) complete sets of underground private fire hydrant and fire service water main piping plans and specifications to the Fire Department, conforming to NFPA 24, for review and approval prior to installation. Submittal shall include underground piping plan, underground trench detail showing depth of burial and type of backfill, construction installation drawing of PIV and FDC, manufacturer s specifications of piping, valves, joints and fittings, and calculated size and locations of thrust blocks. (1001.3) CFC 27. Water supply valves controlling automatic fire sprinkler systems including backflow prevention devices shall be electrically monitored by a UL listed central station where twenty or more sprinklers are required. Provide approved central station supervision for flow and tamper. ( ) CFC / ( ) CBC 28. Submit three (3) complete sets of fire alarm system plans, and specifications conforming with NFPA 72 to the Fire Department for review and approval prior to installation indicating the following: (1007 & ) CFC 29. Provide State Fire Marshal and U.L. listings of all components of fire alarm system including wiring (model numbers for all equipment, devices, and materials). 30. Provide floor plan(s) showing all alarm devices and all room classifications. 31. Provide a point to point wiring and alarm system riser diagram. 32. Provide voltage drop and battery calculations. 33. Provide supply calculations showing power consumption of all devices. 34. Provide California State License stamp on plan (wet stamp) 35. Prior to occupancy you must provide proof of maintenance agreements which meet the specifications of California Title 19, NFPA 25 and Submit three (3) complete sets of fire extinguishing system plans, specifications, including manufacturer's specifications, for the protection of commercial-type cooking equipment (conforming to standard UL300) to the Fire Department for review and 10

11 approval prior to installation. Include provisions for Class K extinguisher(s). (1005.2) CFC. This system will be required to be maintained per NFPA 96, including duct cleaning. 37. AT NO TIME shall any work be allowed until adequate plans, specifications, and appropriate plan review fees are submitted and approved by the Fire Department. 38. AT NO TIME shall the installation of any fire service main, fire hydrant, indicating control valve or fire department connection be allowed until adequate plans, specifications, and appropriate plan review fees are submitted and approved by the Fire Department. 39. AT NO TIME shall the installation of any fire sprinkler pipe be allowed until adequate plans, specifications, and appropriate plan review fees are submitted and approved by the Fire Department. 40. AT NO TIME shall the installation of any fire alarm devices or material be allowed until adequate plans, specifications, and appropriate plan review fees are submitted and approved by the Fire Department. 41. Contact the Fire Department at (707) (minimum two working days notice required) for required inspections. Final inspection will need to be scheduled with your Building Inspector. 42. Approved plans shall be available on site at the time of inspection. 43. Additional annual permits may be required prior to occupancy. 11

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