Resolution 15045CITY OF ALAMEDA RESOLUTION NO. 15045
UPHOLDING PLANNING BOARD RESOLUTION PB-15-04
APPROVING DESIGN REVIEW APPLICATION (PLN14-0731) TO
INSTALL TELECOMMUNICATIONS FACILITIES AT 1777 SHORELINE
DRIVE
WHEREAS, an application was made on December 9, 2014, by Cortel Inc.
representing AT&T requesting Design Review approval to install wireless
telecommunication facilities on the rooftop of a residential building at 1777 Shoreline Drive;
and
WHEREAS, the application was accepted as complete on February 10, 2015; and
WHEREAS, the subject project site is located within a R-3-PD (Garden Residential
Planned Development) zoning district; and
WHEREAS, AMC Section 30-37.2 requires Design Review for new structures such
as a proposed wireless telecommunications facility; and
WHEREAS, local government authority over the review and approval of wireless
communications antenna applications is established by the Federal Telecommunications
Act of 1996, the Middle Class Tax Relief Act of 2012, and FCC regulations; and
WHEREAS, the Planning Board held a public hearing and approved this application
on April 13, 2015; and
WHEREAS, on April 23, 2015 the City Council called the Planning Board decision
for review and the City Council held a public hearing on May 19, 2015 to further consider
the application.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council finds this project
exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15301 -- minor alterations to existing public or private structures
involving negligible or no expansion of use beyond that which exists. The proposed
installation is a negligible expansion of the residential use and is in compliance with all
applicable zoning regulations. Approval of the project would not result in any significant
environmental impacts.
BE IT FURTHER RESOLVED THAT the City Council considered the public
testimony, and all pertinent maps and reports and made the following findings concerning
the project:
Design Review Findinqs
1. The proposed design is consistent with the General Plan, Zoning Ordinance, and
the City of Alameda Design Review Manual, in that the design of the installation is visually
consistent with the building on which it will be located and has a harmonious relationship
with the surrounding area.
2. The project will be compatible and harmonious with the design and use of the
surrounding area. The design and dimensions of the stealth enclosure (17'6" by 17'6" by
11' tall) are appropriate to the site, compatible with adjacent or neighboring buildings or
surroundings, and promotes harmonious transitions in scale and character in areas
between different designated land uses, in that the facilities will be located at the rear of
the property and away from public view from the street, and will blend in with the apartment
complex.
3. The proposed design of the structure and exterior materials are visually compatible
with the surrounding development, and design elements have been incorporated to ensure
the compatibility of the facility with the character and uses of adjacent development in that
the antennas are screened from view by a stealthing structure that will be painted to match
the building color, exterior cables will be boxed in and painted to match the building color,
and the cabinet boxes will be located adjacent to the ground floor parking garage and will
be concealed behind a door that will be painted to match the building.
BE IT FURTHER RESOLVED THAT the City Council of the City of Alameda hereby
upholds Planning Board Resolution PB -15 -04 approving PLN14 -0731, Design Review
application to install wireless telecommunication facilities on the rooftop at 1777 Shoreline
Drive, subject to compliance with the following conditions:
1. Building Permit Plans: The plans submitted for the Building Permit shall include
printed copies of these conditions and shall be in substantial compliance with plans
prepared by Cortel dated February 2, 2015, and on file in the office of the City of
Alameda Community Development Department, except as modified in these conditions
of approval specified by the Planning Board:
a. This Planning Board resolution and conditions of approval shall be printed on the
first sheet of the building permit plan set.
b. The final plans, submitted for building permit approval, shall conform to all
applicable codes, regulations, and guidelines.
c. The final plans, submitted for building permit approval, shall note that exterior
surfaces of the stealthing structure, exterior cable boxing and door to equipment
cabinets are to be painted in the matching color(s) as the building.
2. Permit Expiration: The Design Review approval shall terminate two years from April
13, 2015, unless actual construction under valid building permits has commenced, or
the applicant applies for, and is granted by the Community Development Director or
his /her designee, a one -time twenty -four month extension prior to the expiration of the
Design Review.
3. Discontinuation of Wireless Use. Upon discontinuation of the use of the subject
antennas, the property owner and /or permittee shall remove all antenna improvements
and related equipment/enclosures associated with this Permit within 30 days.
4. Co- location. The owner(s) and operators of the proposed telecommunications facility
shall fully cooperate and allow the co- location of antennas for other providers once a
mutual agreement between the providers is established. Other wireless providers shall
also be allowed to add on to existing at -grade equipment enclosures. Co- locations
proposals shall be subject to Design Review.
5. Compliance with FCC Standards. The proposed wireless communication facility shall
comply with all applicable Federal Communications Commission (FCC) radio frequency
emissions safety standards.
6. Subsequent Changes to Approved Plans. The approved design and dimensions of
the stealth enclosure (17'6" wide by 17'6" long by 11' tall) are appropriate to the site,
compatible with adjacent or neighboring buildings, and promotes harmonious
transitions in scale and character in the surrounding areas. Any subsequent exterior
changes shall be submitted to the Community Development Department for review and
approval prior to construction. Minor project design details requested by the applicant
may be established, modified, and approved by the Community Development Director
or his /her designee provided that the findings can be made that the proposed changes
are consistent in character and quality to the design review plans approved by the
Planning Board.
7. Construction and Maintenance Hours. Except in the case of emergency, construction
and maintenance on the roof shall be limited to the hours of 8:00 AM to 5:00 PM,
Mondays through Fridays.
8. Radio Frequency Emission Safety.
a. The roof access door shall be locked and fitted with an alarmed "panic bar" so that
the antennas on the roof are not accessible to unauthorized persons.
b. RF safety training shall be provided to all authorized personnel who have access
to the roof, including employees and contractors of the wireless carriers, and the
property owner.
c. No access shall be allowed within 10 feet directly in front of the antennas while the
base stations are in operation, unless other measures can be demonstrated to
ensure that occupational protection requirements are met.
d. Yellow demarcation lines shall be painted on the roof to identify areas calculated
to exceed the FCC occupational limit.
e. Explanatory signs shall be posted at the roof access door that comply with OET-
65 color, symbol, and content recommendations. Contact information shall be
included to arrange for access to restricted areas.
All residents within the building, and property management and maintenance
personnel, shall be notified of the location of rooftop antennas and their
associated safety issues. The notification shall state that access to the roof is for
authorized personnel only. It shall be the responsibility of the property
owner /management to notify future tenants of the building.
9. Nuisance. This use shall be operated in a manner which does not create a public or
private nuisance. Any such nuisance must be abated immediately upon notice by the
City.
10. Noise. Maximum noise levels emanating from any of the facilities operating on the
subject site shall comply with the City's Noise Ordinance requirements.
11. Revocation: This Use Permit may be modified or revoked by the Zoning Administrator,
pursuant to Alameda Municipal Code Section 30 -21.3d should the Zoning Administrator
determine that: 1) the use or conditions under which it is being operated or maintained
is detrimental to the public health, welfare or materially injurious to property or
improvements in the vicinity; 2) the property is operated or maintained so as to
constitute a public nuisance; or 3) the use is operated in violation of the conditions of
the Use Permit.
12. Indemnification: The Applicant shall defend (with counsel reasonably acceptable to
the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning
Board, Zoning Administrator and their respective agents, officers, and employees from
any claim, action, or proceeding (including legal costs and attorney's fees) against the
City of Alameda, Alameda City Planning Board, Zoning Administrator and their
respective agents, officers, or employees to attack, set aside, void or annul, an
approval by the City of Alameda, the Community Development Department, Alameda
City Planning Board, or City Council related to this project. The City shall promptly notify
the Applicant of any claim, action, or proceeding and the City shall cooperate in such
defense. The City may elect, in its sole discretion, to participate in the defense of said
claim, action, or proceeding.
NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil
Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date
of this decision plus extensions authorized by California Code of Civil Procedure Section
1094.6
NOTICE. The conditions of project approval set forth herein include certain fees and other
exactions. Pursuant to Government Code Section 66020 (d) (1), these Conditions constitute
written notice of a statement of the amount of such fees, and a description of the dedications,
reservations and exactions. The applicant is hereby further notified that the 90 -day appeal
period, in which the applicant may protest these fees and other exactions, pursuant to
Government Code Section 66020 (a) has begun. If the applicant fails to file a protest within
this 90 -day period complying with all requirements of Section 66020, the applicant will be
legally barred from later challenging such fees or exactions.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the City Council of the City of Alameda at a City Council
Meeting assembled on the19th day of May, 2015, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, and Oddie - 3.
NOES: Councilmember Daysog and Mayor Spencer - 2.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City Council this 20th day of May, 2015.
1-oura
Lara Weisiger, City I rk
City of Alameda
APPROVED AS TO FORM:
Janet . Kern
City Attorney