EFFECTIVE AUGUST XX, 2016 UNLESS APPEALED PRIOR TO THAT DATE

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1 Attachment 1 DRAFT WALNUT CREEK PLANNING COMMISSION RESOLUTION NO.XXXX CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT APPLICATION NO. Y T-MOBILE MONOPOLE ANTENNA MODIFICATION APN EFFECTIVE AUGUST XX, 2016 UNLESS APPEALED PRIOR TO THAT DATE Section 1. Background. 1. On July 28, 2016, the Walnut Creek Planning Commission held a public hearing to consider CUP Application No. Y15-190, filed , by Alex Morin, applicant, to allow the installation of three (3) new antennas on an existing T-Mobile facility masked as a broad leaf structure on a property located at 74 Eckley Lane. Revised plans were submitted on July 11, The existing T-Mobile Wireless facility was originally reviewed and approved under Conditional Use Permit and Design Review Application No. Y (Reso No. 3460) to allow construction of the monopole antenna and accompanying equipment cabinet at 74 Eckley Lane. 3. A public hearing notice for CUP Application No. Y was mailed to the owners of all properties within 300 feet of the project site. 4. This project is consistent with the General Plan and Zoning and other City development standards, which regulate development on this site, including all findings to allow for a Conditional Use Permit. Per the Zoning regulations for this site, all wireless communication facilities located within 300 feet of residential zoning districts are permitted subject to the granting of a use permit. Section 2. CEQA Findings. 1. This project is categorically exempt from the requirements of CEQA under Class 3 of the Guidelines and Processing procedures for the Review of Projects in the City of Walnut Creek [CEQA Guidelines Section Existing Facilities]. Section 3. Project Findings. The project is subject to the Conditional Use Permit findings found in and the Wireless Communication Facilities findings found in (D), (E), and (F) of the Zoning Ordinance of the City of Walnut Creek. Required findings, below, are shown in bold type and the reason(s) the project is consistent is shown in regular type: 1. Applicable findings of , below, are shown in bold type and the reason(s) the project is consistent is shown in regular type:

2 a. That the use, including any conditions imposed, is consistent with the general plan, any applicable specific plan and this chapter; The project is for the installation of three (3) new antennas at an existing monopole wireless facility on a site located within an R-15 zoning district. The project is consistent with the General Plan, the Wireless Communication Ordinance, and other City development standards that regulate development on-site. Wireless facilities are regulated through established zoning regulations to ensure they are designed, installed, and operated in compliance with local development standards and Federal Communications Commission regulations. The project has been reviewed and conditioned to ensure compliance. Therefore, the project is consistent with the General Plan and Walnut Creek Zoning Ordinance. There is no specific plan applicable. The proposed project modifies an existing facility for the installation of three (3) new antennas. The proposed project is consistent with adopted development standards that require the antennas to be painted a color consistent with the predominant background color. b. That the proposed use, including any conditions imposed, will not be detrimental to the public health, safety or welfare. The project uses existing infrastructure (Monopole) and does not propose installation of new structures to support the additional antennas. The applicant has submitted a radio frequency (RF) analysis report prepared by EBI Consulting, dated July 8, 2016 which concludes that RF exposure levels will not exceed the maximum level limit imposed by federal law. Therefore, the project does not pose a threat to public health. c. Any findings required by the land use regulations for the zoning district within which the property subject to the use is located. The use is permissible in all zoning districts subject to the conditions outlined by the Wireless Communication Facilities ordinance, which it adheres. 2 The project satisfies the applicable design standards found in (D), (E), and (F), which are shown below in bold type with the reason(s) the project is consistent shown in regular type: a No portion of an antenna, support structure or any related equipment shall be located on or within a vertical distance of one hundred (100) feet of a Visually Prominent Ridge, as defined in Section No portion of the antenna, support structure, or any related equipment is within 100 feet of the highest hill or series of hills ( Visually Prominent Ridge ). b Unless otherwise required by city, county, state or federal rules or regulations, wireless communication facilities shall have a non-reflective finish and shall be painted a neutral color consistent with the predominant background color, as determined by the approval body. The antennas will be located on an existing Monopole. The existing monopole is masked with faux foliage, tree branches, and bark. The Conditions of Approval requires that all T-Mobile Wireless antennas and cabling at this site be painted to match the color of the monopole. Therefore, the proposed site modification includes a condition requiring color match painting of the additional

3 antennas, cabling and other equipment seen from offsite to blend in with the monopole and will therefore have no additional visual impacts. c Unless otherwise required by applicable federal rules or regulations, no wireless communications facility shall have artificial lighting. No new lighting is proposed with this antenna application. d All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions, which would result in hazardous conditions, visual blight, or attractive nuisances. The project facility is located on an existing monopole. The lowest branch of the existing monopole is located 12 feet above grade to minimize opportunities for climbing and vandalism. In case of vandalism or graffiti, T-Mobile Wireless shall be required to cleanup, replace or paint equipment, fencing, or other items that are the property of T- Mobile Wireless within a reasonable amount of time. e f No portion of any antenna, support structure or related equipment shall overhang a property line. This restriction shall apply to any portion of any antennas as they rotate or are in a fixed position. No portion of any antenna, support structure, or associated mechanical equipment crosses property lines. The existing mechanical equipment area is located on-site proximate to the base of the existing monopole. The proposed antennas do not rotate. All wireless communication facilities shall comply with the applicable provisions of this ordinance and Chapter (Zoning Ordinance) as well as the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California Fire Code and rules and regulations imposed by state and federal agencies. The applicant will be required to obtain a building permit from the City s Building Division and will be required to comply with all local and state codes. Additionally, this wireless facility is regulated through established zoning regulations to ensure it is designed, installed, and operated in compliance with all development standards. The project has been reviewed and conditioned to ensure compliance. g No antenna or antenna structure shall be located within the required front yard setback for the main building, in front of the main building, within the required side yard setback of a corner lot or adjacent to any street frontage. This requirement shall apply to antennas as they rotate. The existing monopole and equipment cabinet does not sit within any required setback. The antennas proposed do not rotate. h Not more than one (1) monopole antenna structure is permitted on any parcel in a Residential Zoning District. The project proposes to install (3) additional antennas on an existing T-Mobile monopole facility. i No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field

4 strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the City to immediately terminate any permit granted hereunder, or to order the immediate service termination of any non-permitted, non-complying facility constructed within the City. Congress has delegated national authority only to the Federal Communications Commission to set radio frequency emissions safety standards in the United States. While Congress by law prohibits the City from setting its own RF emissions safety standards (or even adopting the FCC's as its own), Congress does permit the City to determine whether a proposed wireless project meets the required FCC Office of Engineering and Technology Bulletin 65 Requirements for RF emissions safety. The proposed modification to an existing T-Mobile wireless facility, as proposed, does not pose a potential threat to the public health, nor does it exceed requirements of the FCC. The applicant submitted an RF report prepared by EBI Consulting, dated July 08, 2016, indicating that the project does not exceed FCC standards for Maximum Permissible Exposure ( MPE ) for the general public at the ground level. Because EBI Consulting Inc. s RF report discloses that T-Mobile s proposed project will comply with the FCC's RF emissions safety rules, no further inquiry is necessary or justified, and the City does not have a basis to deny or further condition the project because of concerns regarding RF emissions safety. j Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views. The project is a modification to an existing wireless facility. The project is to install three (3) antennas to an existing monopole masked as a broad leaf tree. The existing equipment cabinet is enclosed by a six-foot redwood fence, which is screened by natural vegetation shrubs and bushes. All of these techniques minimize visual impacts at this site. k In order of preference, wireless communication facilities and ancillary equipment shall be located within a building, on a screened rooftop, on a building facade or within in a fenced yard area. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts. The existing antenna panels are located 34 feet above ground, on an existing 37 foot tall monopole facility. The existing equipment cabinets are located adjacent to the base of the existing monopole. Further, the three (3) additional antennas will be installed on the existing monopole and will not exceed the top height of the existing 37 foot structure. In addition, the proposed antennas and RRUs will also be painted in order to blend in with the predominant background color of the monopole to maximize the camouflage effect and reduce potential visual impacts. l Building mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. Screening may include locating the facility within attics, steeples, and towers or within a new

5 architectural addition to a building or structure, which is architecturally compatible with the building. The proposed antennas will be mounted on the existing monopole. The existing equipment cabinets are located within the mechanical area at the base of the existing monopole, which is properly screened from view by a wooden fence. m All wireless communication facilities shall be: Substantially screened from the view of surrounding properties, public right-ofway and other public property; or co-located with existing facilities or structures so as not to create substantial visual, noise or thermal impacts; or The proposed antenna project site is an existing co-located site with an existing T-Mobile monopole facility. The existing monopole is masked to resemble a natural-looking broad leaf tree that rises 40 feet above grade. The existing faux tree is located among other live trees that enables it to blend into the natural surroundings to reduce the visual impact on neighboring properties. i Located in areas with substantial existing screening by structures and/or landscaping; or The existing facility is masked as a broad leaf structure and blends in with the surrounding trees. The existing equipment cabinets are obscured from offsite views by a wooden fence. In addition, the existing vegetation screens the equipment cabinet from the view of downhill neighbors. ii Designed to appear as natural features found in the immediate area, such as trees or rocks, so as to be effectively unnoticeable. The proposed antennas will be mounted on an existing, 37 foot tall monopole. Each antenna will be painted the predominant color of the monopole in order to maximize the camouflage effect so as to be effectively unnoticeable. The existing equipment cabinets are obscured from off-site views by a wooden fence. In addition, the fenced area is screened by existing trees and vegetation to further reduce the visual impact. n Whenever reasonably feasible as may be determined by the Community and Economic Development Director, all facilities shall avoid any unreasonable obstruction of views from neighboring properties. The proposed antennas will be mounted on an existing 37 foot tall monopole. Each antenna will be painted the predominant background color in order to maximize the camouflage effect so as to be effectively unnoticeable. The existing equipment cabinets are obscured from off-site views by a wooden fence. In addition, the fenced area is screened by existing trees and vegetation to further reduce the visual impacts. The new antennas will be located on an existing monopole facility. o Whenever reasonably feasible as may be determined by the Community and Economic Development Director, wireless communication facilities shall be installed in a manner so as to preserve existing landscaping, whether or not it is utilized for screening. Additional landscaping may be required where such vegetation is deemed necessary and appropriate to provide screening. The existing equipment area, monopole base, and fence cannot be seen from any street. The top of the monopole faux tree can be seen from the Church of Christ located at the bottom of Eckley Lane. However, the existing trees and vegetation on site screens the facility and faux tree. In

6 addition the monopole already exists at this location and the proposed antennas do not further increase any visual impacts. p The smallest and least visible antennas possible should be installed which will reasonably accommodate the operator s communication needs. The applicant shall disclose what antennas and support structures were evaluated, and the selection process used to select the antenna and support structure consistent with this section. The proposed antennas are approximately 7-7 in height which is slightly larger than the existing antennas which are 4-5 in height. The applicant indicated that the larger antennas are part of a technology upgrade which will provide improved capacity and coverage. q The City shall retain the authority to limit the number of antennas and related equipment at any site in order to minimize potential visual impacts. Other antennas may be located on this site upon granting of appropriate approvals by the City of Walnut Creek. r s t Each facility shall be operated in such a manner so as to minimize any noise impacts. Noise impacts are minimal by virtue of the location of the facilities behind the main building near the rear property line and away from residences on Craddock Court and Eckley Place. Further, the existing antennas sit approximately 37 feet above grade, and a six-foot redwood fence encloses the existing equipment cabinet. Therefore, noise impacts are minimal at this site. To the extent allowed under applicable federal rules and regulations, the operator of a wireless communication facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. A condition of approval has been added to ensure that the applicant and wireless operator will comply with this requirement. Whenever reasonably feasible, as determined by the Community and Economic Development Director, service provider facilities shall be encouraged to be located on City-owned property or public right-of-way. The existing wireless facility is located on the B nai Shalom property. u Any service provider facilities that are developed on vacant sites shall be temporary. When such sites are developed, these facilities shall be removed. Such facilities may be replaced with building mounted antennas or other types of appropriate facilities, subject to review and approval by the City in accordance with Section C. (Review and Approval) of this ordinance. This site is not vacant; therefore, this finding does not apply. v Facilities shall be co-located with existing facilities, whenever reasonably feasible and aesthetically desirable. In order to facilitate future co-location of antennas for other service providers, the conditions of approval shall prohibit the applicant from entering into an exclusive lease for the use of the site. The applicant will allow other carriers to co-locate antennas at this site as conditioned in the decision. Although the

7 site is not a co-location, the site contains existing T- Mobile antennas. Co-location may be a possibility for future carriers. w Roof mounted antennas and antenna structures shall not exceed a height of twelve (12) feet above the maximum allowed height limit for the main building in the zoning district in which the facility is located. The proposed modification is to a site located on an existing monopole, not a building and therefore does not apply. Section 4. Decision. Based on the findings as set forth above, the Planning Commission grants approval of as shown on the plans labeled "Exhibit A of Conditional Use Permit No. Y15-190", subject to the following conditions: 1. The Standard Design Review Conditions as adopted by the Walnut Creek Design Review Commission shall apply as conditions of approval for this proposal. 2. The monopole antenna foliage and branch structure shall be maintained in good condition in terms of color, texture, foliage density and overall natural appearance. All simulated foliage and branches shall be replaced at no more than five-year intervals to maintain a natural appearance. 3. A building permit shall be issued or a request for an extension filed with the Community Development Department by XXX, 2017, or this approval shall become null and void on that date. Approval shall be valid for no more one (1) year from the date of building permits issuance, unless construction has commenced prior to the expiration of the building permit. 4. The new antenna panels and associated equipment shall be painted a green tone to best match the color of the existing monopole to the satisfaction of the Planning Manager. Antenna Panels shall be painted prior to final sign off building permit inspection. 5. The approval to locate antennas on this site shall be nonexclusive. Other antennas may be located on this site upon granting of appropriate approvals by the City of Walnut Creek. 6. In case of vandalism or graffiti, T-Mobile Wireless shall be required to cleanup, replace or paint equipment, fencing, or other items that are the property of T-Mobile Wireless within a reasonable amount of time to the satisfaction of the Planning Manager. 7. The applicant shall replace any and all plants, hardscape or other equipment such as irrigation devices and lighting that is damaged by T-Mobile Wireless or T-Mobile Wireless s authorized contractors before final sign off of Building Permit. 8. The Project shall meet all applicable design standards found in Municipal Code sections (D), (E), and (F). 9. A separate Building Permit shall be obtained for the installation of all antennas/equipment associated with this facility. The applicant should contact the Building Division to discuss submittal requirements at (925)

8 10. T-Mobile Wireless shall notify the Planning Division within 24 hours of the project becoming fully operational. 11. The project shall at all times be operated in such a manner so as not to contribute to ambient RF emissions in excess of current FCC RF MPE limits for electric and magnetic field strength and power density; violation of this condition shall be grounds for revocation of this approval. 12. A report documenting the RF emissions from the subject facility and a cumulative reading of all known facilities within 300 feet shall be submitted to the Planning Manager, or his or her designee, within 14 calendar days of the date on which the Project becomes fully operational, to confirm that the Project satisfies the FCC standards for MPE relative to RF emissions. Based on the results of the RF report, T-Mobile wireless shall make any necessary corrections to the facility within 30 calendar days of submitting the RF report to the City, and shall document such corrections with the Planning Division. 13. T-Mobile Wireless may assign the operation of the project to another carrier licensed by the FCC for that radio frequency provided that the transfer is made known to the Planning Division in advance of the transferee s operation of the wireless facility, all conditions of approval are carried out, and the transferee agrees to be bound by all conditions of approval. 14. Antennas, support structures, and related equipment shall be removed within thirty (30) calendar days of the discontinuation of the use of a wireless communication facility and the site shall be restored to its previous condition. The service provider shall provide the Community Development Department with a notice of intent to vacate the site a minimum of thirty (30) calendar days prior to vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner shall be responsible for removal of all antennas, structures and related equipment within thirty (30) calendar days of the discontinuation of the use. 15. Redevelopment of the site may require removal or relocation of the wireless facility, subject to compliance with the Walnut Creek Wireless Ordinance. 16. The applicant and its heirs, successors, and assigns shall, at its sole cost and expense, indemnify, defend with counsel selected by the City, protect, release, and hold harmless the City and any agency or instrumentality thereof, including any of its officers, employees, commissions, and agents, from any and all claims, actions, or proceedings arising out of or in any way relating to the processing and/or approval of this Project, the purpose of which is to attack, set aside, void, or annul the approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties and the indemnitees, arising out of or in connection with the approval of this Project, whether or not there is concurrent, passive, or active negligence on the part of the indemnitees. Nothing herein shall prohibit the City from participating in

9 the defense of any claim, action, or proceeding. The parties shall use best efforts, acting in good faith, to select mutually agreeable defense counsel. If the parties cannot reach agreement, the City may select its own legal counsel and the applicant agrees to pay directly, or timely reimburse on a monthly basis, the City for all such court costs, attorney fees, and time referenced herein. 17. All outstanding fees owed to the City, including staff time spent processing this application, shall be paid in full prior to the issuance of a site development permit or building permit. 18. The developer shall comply with all requirements of the Contra Costa Co. Fire Protection District, Contra Costa Water District, Central Contra Costa Sanitary District, East Bay Municipal Utility District, Pacific Gas and Electric Company, Pacific Bell, AT&T Cable Services/Comcast and Seren Innovations, Inc/Astound. 19. To the extent allowed under applicable federal rules and regulations, the operator of a wireless communication facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. 20. In the event that any condition imposing a fee, exaction, dedication, or other requirement is challenged by the applicant in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the entire project shall be reviewed by the City and substitute conditions may be imposed. Section 5. Effective Date. This resolution shall take effect on August XX, 2016, unless appealed by that date. PASSED AND ADOPTED ON JULY 28, 2016, by the Walnut Creek Planning Commission at a regular meeting thereof upon motion by Commissioner and seconded by Commissioner. AYES: NAYES: ABSENT: ABSTAIN: Steven Buckley, Secretary O:\CDD\PLANNING\1Project Files\Y15-000\Y T-Mobile Antennas (SKG)\Attachment 1 - Draft Reso.doc