C. CEQA Determination: Categorically exempt pursuant to Section of the CEQA Guidelines ( Existing Facilities ).

Transcription

1 Z O N I N G A D J U S T M E N T S B O A R D S t a f f R e p o r t FOR BOARD ACTION FEBRUARY 17, Solano Avenue Use Permit Modification # to modify the T-Mobile wireless telecommunication facility approved by AUP # to allow the relocation of three existing antennas and installation of one additional equipment cabinet. I. Application Basics A. Land Use Designations: General Plan: NC, Neighborhood Commercial Zoning: C-SO, Solano Avenue Commercial District B. Zoning Permits Required: Use Permit Modification, under BMC Section 23B C. CEQA Determination: Categorically exempt pursuant to Section of the CEQA Guidelines ( Existing Facilities ). D. Parties Involved: Applicant T-Mobile Communications, c/o Alex Morin, 1888 Golden Gate #20, San Francisco, CA Property Owner Arnold and Dorothy Intorf Trust, c/o Stephen Ng, 1760 Solano Avenue, Berkeley 2120 Milvia Street, Berkeley, CA Tel: TDD: Fax: zab@ci.berkeley.ca.us

2 1760 SOLANO AVENUE Page 2 of 12 February 17, 2011 Figure 1: Vicinity Map

3 ZONING ADJUSTMENTS BOARD 1760 SOLANO AVENUE February 17, 2011 Page 3 of 12 Figure 2: Site Plan

4 1760 SOLANO AVENUE Page 4 of 12 February 17, 2011 Table 1: Project Chronology Date Action August 3, 2009 Application submitted September 2, 2009 Application deemed complete September 17, 2009 DRC hearing November 2, 2009 PSA deadline 1 July 8, 2010 Public hearing notices mailed/posted July 22, 2010 ZAB hearing continued at applicant request August 12, 2010 ZAB hearing continued by ZAB October 21, 2010 Public hearing notices mailed/posted November 4, 2010 ZAB hearing continued by ZAB January 13, 2011 Public hearing notices mailed/posted February 17, 2011 ZAB hearing N/A CEQA deadline 1 1. Project must be approved or denied within 60 days after being determined to be exempt from CEQA. Applicant has agreed to extend PSA deadline. I. Background A. Prior Use Permits: On November 20, 1998, the Zoning Officer approved Administrative Use Permit # , issued to Pacific Bell Mobile Services. AUP# allowed Pacific Bell to install three antennas and related equipment. T-Mobile currently owns the Pacific Bell facility. The Use Permits that have been issued for this site are summarized below: Table 2: 1760 Solano Avenue Approved Telecommunication Facilities Carrier Use Permit # Antennas # Antennas Date of MPE Report Number Approved Installed Pac Bell/T-Mobile /12/2009 Sprint /17/2008 Verizon /24/2009

5 ZONING ADJUSTMENTS BOARD 1760 SOLANO AVENUE February 17, 2011 Page 5 of 12 B. ZAB Hearing: July 22, The applicant requested that the hearing be continued to the August 12, 2010 meeting in order to give the applicant time to submit additional materials (see Issue #1-Certification of Facilities). August 12, 2010 The ZAB opened the public hearing and two neighbors testified that they had concerns about T-Mobile s modifications. Their concerns were: 1) T-Mobile s late submission of required compliance reports; 2) The modifications were done without permit; 3) The concentration of telecommunication facilities at the subject property and the negative visual impacts they impose; 4) Noise impacts associated with the equipment cabinets; 5) Possible health issues associated with antennas; 6) The height of the existing and proposed antennas modification; and 7) The Proposed Development poster was not properly installed. ZAB closed the hearing and directed T-Mobile to submit a noise analysis of the equipment cabinets and directed Staff to return with a staff report that addressed the neighbor s concerns. November 4, 2010 The ZAB opened the public hearing and two neighbors from 919 and 929 Ensenada Avenue testified. Concerns were raised that: 1) Noise measurements contained in the Hammett and Edison report may not reflect noise from the backyards of neighboring residences; and 2) The concentration of telecommunication facilities at the subject property and the negative visual impacts they impose. Based on comments by the applicant and the neighbors regarding the possibility of taking noise and RF measurements from the adjacent residential properties at 919 Ensenada and 929 Ensenada, ZAB closed the public hearing and directed T-Mobile to have the owner of the property at 1760 Solano Avenue present to discuss screening of all of the existing antennas or obtain a commitment from the building owner that they will provide a well-designed screening system for the entire roof top (see Issue #3-Visibility). ZAB also directed T-Mobile to conduct noise analysis from the two neighboring residential back yards. (see Issue #4-Noise). II. Project Description The proposal involves three main elements:

6 1760 SOLANO AVENUE Page 6 of 12 February 17, ) Relocate one existing antenna that PacBell had installed improperly. T-Mobile proposes to relocate one antenna currently installed on the façade of the southwest corner of the building, to the southwest portion of the rooftop within a faux vent. The PacBell installation was not consistent with the Use Permit or building permits. 2) Relocate two antennas at the southeast corner for an equipment upgrade, consolidating the two antennas into one faux vent; and 3) Legalize the installation of one additional equipment cabinet on the roof, within the existing rooftop equipment enclosure wall. III. Issues and Analysis A. Key Issues: 1. Requirement for Certification of Facilities BMC Section 23C A.2 requires each wireless carrier in the City of Berkeley provide written certification that each facility is operating in accordance with the approved local and federal permits and provide current contact information. T-Mobile submitted this verification in connection with their proposed facility at 1760 Solano Avenue, thereby satisfying this code requirement (see Attachment 2). Section 23C A.1 requires that telecommunication operators of new or modified facilities submit to the Zoning Officer written certification by a licensed professional engineer that the facility s radio frequency emissions will be in compliance with FCC regulations within 45 days of installation. The engineer s report is required to measure the radio frequency radiation of the approved facility, including the cumulative impact from other nearby facilities, and to determine if it meets the FCC requirements. In addition, if a wireless carrier has not provided the required information and certification, the wireless carrier may be found noncompliant and required to provide information and certification statements for any site which has been deemed to be not current (BMC 23C B.4). For this reason the Zoning Officer requested that T-Mobile provide certification on all existing facilities, not just those newly installed. Table 3 below identifies T-Mobile s compliance with the requirement to submit written certification on approved T-Mobile facilities per Sections 23C and 23C With the submission of the T-Mobile Certification and the required Radio Frequency Reports, the requirements of Sections 23C A.1 and 23C A.2 have been met and Staff believes that ZAB can make the necessary findings for approval.

7 ZONING ADJUSTMENTS BOARD 1760 SOLANO AVENUE February 17, 2011 Page 7 of 12 Table 3: Certifications for New/Modified Facilities and Existing Facilities Address Use Permit Number Number of Antennas Approved T-Mobile Sites Date of MPE Report 2942 Domingo March 23, Durant March 23, Eastshore ZA August 6, Gilman July 9, Regent March 23, Rose March 23, Seventh BP# August 6, Solano May 12, Tenth August 5, University July 9, University August 6, University August 11, T-Mobile Modification T-Mobile was in the process of relocating antennas without the required permits and the Building and Safety Division issued a Stop Work order on March 5, On April 21, 2009, the City notified T-Mobile that a modification to the AUP would be required to authorize the antenna modification. The City did not require the improperly installed antennas to be removed because T-Mobile was in the process of applying for a Use Permit Modification to correct the problem. 3. Visibility Although the T-Mobile modifications are housed inside a faux vent and are not visible, ZAB directed T-Mobile to have the property owner present at the next meeting or obtain a commitment from the building owner that they will provide a well-designed screening system for the entire roof top to further screen the remaining Sprint and Verizon antennas and equipment. Staff recommends that ZAB approve the current application to approve the modifications made by T-Mobile without the approved permits. Future applications for co-located telecommunication facilities at this site may require the applicants and owner to successfully camouflage all existing antennas; however, T-Mobile has an approved Administrative Use Permit for three antennas at this site and is not proposing to add additional antennas to their

8 1760 SOLANO AVENUE Page 8 of 12 February 17, 2011 existing facility. There are no proposed changes to the existing T-Mobile equipment enclosure which is screened by a 7-7 high stucco screen. The modification includes legalizing a cabinet within the equipment enclosure. All cabinets are screened behind the stucco screen and are not readily visible. The modifications are permissible because the current T-Mobile camouflaging treatment has been used successfully to mitigate visual impacts related to T- Mobile s existing facility such that it is not readily visible, as required by Chapter 23C B.2.a. 4. Noise Study At the August 12, 2010 public hearing, ZAB discussed the possible noise impacts associated with the equipment required to support wireless antenna installations. For this reason, ZAB requested that T-Mobile submit a noise study performed by an acoustical, mechanical, or electrical engineer. T-Mobile retained the services of Hammett and Edison, Inc., consulting engineers. Hammett and Edison submitted an acoustic report dated September 1, 2010 (see Attachment 4). Sean W. Hammett, a qualified field technician, visited the site at 3:00 p.m. on September 1, 2010 and conducted field measurements of ambient noise in the surrounding area. Mr. Hammett noted that each carrier had separate electronic base transceiver stations (also called BTS or cabinets) on the roof of the building. The T-Mobile and Sprint cabinets are located near the center of the roof and Verizon cabinets are located toward the northeast corner of the roof. The result of the field measurement showed that the dominant source of noise in the area is the high level of traffic from Solano Avenue. For this reason Hammett and Edison s observations were made when traffic noise was at a relative minimum. The levels ranged from 40.8 dba in the residential areas (mid-block of Modoc Street and Ensenada), with Marin Avenue s measurements slightly higher at 48.0 dba, and 53.4 dba in the commercial area along Solano Avenue. Based Hammett and Edison s site visits and their review of the manufacturing specifications and operations of the roof top condensers, Hammett and Edison concluded that the roof top wireless facility at 1760 Solano does not exceed the BMC s limits on acoustic noise in the nearby residential and commercial areas. The Land Use Division retained the firm of Illingworth and Rodkin, Inc. to review Hammett and Edison s noise assessment study for the T-Mobile modification. Illingworth and Rodkin reviewed the technical content of the report and verified Hammett and Edison s findings that the T-Mobile proposal would comply with the City of Berkeley noise standards (see Attachment 5, letter to City dated September 22, 2010).

9 ZONING ADJUSTMENTS BOARD 1760 SOLANO AVENUE February 17, 2011 Page 9 of 12 At the November 4, 2010 ZAB meeting Bill Hammett explained that the antennas do not emit noise but the equipment cabinets that provide for the antennas may emit noise. Hammett and Edison conducted their analysis in several locations on a 24 hour monitoring cycle and stated that T-Mobile was willing to have Hammett and Edison conduct measurements from the backyards of neighboring private property. According to a January 11, from T- Mobile, Mr. Liu the neighbor at 919 Ensenada, would not consent to have Hammett and Edison conduct radio frequency testing and noise measurements from his property, but requested that T-Mobile pay for testing by an engineer of his choice (see Attachment 7 January 11, from T-Mobile and letter from Hammett and Edison). T-Mobile and Hammett and Edison were given permission from the neighbor at 929 Ensenada to conduct noise and radio frequency testing from her backyard. In a report dated January 28, 2011, Hammett and Edison state that ambient acoustic measurements were as low as 44.5 dba, below the City s residential day time noise limits (see Attachment 8- Acoustical Letter dated July 28, 2011 and prepared by William F. Hammett, P.E.). 5. Public Safety Section 704 of the Telecommunications Act of 1996 (47 U.S.C. (47 U.S.C. 332(c)) prohibits local governments from regulating proposed wireless service facilities on the basis of the environmental effects of radio frequency emissions if the facilities comply with the Federal Communication Commission's (FCC) regulations. Berkeley Zoning Ordinance Section 23C B.2 requires the Zoning Adjustments Board to make a finding whether the facility will comply with these regulations. The applicant provided a report prepared by an electrical engineer registered with the State of California as required by Berkeley Zoning Ordinance Section 23C D.2. Hammett and Edison, Inc. evaluated the proposed antenna modifications for compliance with appropriate guidelines limiting human exposure to radio frequency (RF) electromagnet fields. The report states that the antennas are designed to concentrate their energy towards the horizon and that very little energy is directed toward the sky or the ground and that due to the short wavelength of the frequencies assigned by the FCC for this wireless service, the antennas require line-of-sight paths for their signals to provide adequate coverage. The report concludes that due to the low power of the facility, it is generally not possible for exposure conditions to approach the maximum permissible exposure limits without being physically very near the rooftop antennas. Hammett and Edison s estimates that the maximum cumulative level of the existing Verizon, Sprint Nextel, and the proposed T- Mobile antennas is 2.9% of the applicable public limit at the ground and the second-floor elevation of any nearby building is 5.6% of the public exposure limit.

10 1760 SOLANO AVENUE Page 10 of 12 February 17, 2011 The T-Mobile antennas are not accessible to the general public; however, to prevent occupational exposure that might occur during such activities as building maintenance, the Hammett and Edison report recommends that to prevent access within four feet directly in front of the antennas themselves, explanatory warning signs be posted at the antennas themselves. Such signs should be readily visible from any angle of approach to persons who might need to work within that distance. These requirements are included in the conditions of approval (see Attachment 1). In the January 28, 2011 Hammett and Edison report, Hammett and Edison state that the radio frequency measurements taken from the residence at 929 Ensenada were more than 2,000 times below the most restrictive public limit, concluding that in this location, the existing T-Mobile facility complies with the prevailing FCC Standards for limiting public exposure to radio frequency energy. In summary, the Hammett and Edison reports conclude that the existing T- Mobile facility and the proposed relocation of the T-Mobile antennas do and will comply with the prevailing FCC Standards for limiting public exposure to radio frequency energy. 6. Height Limit in the Solano Avenue Commercial District At the time when the building was constructed, the maximum height in the C- SO - Solano Avenue Commercial District was 75 and a maximum of six stories. In the current Zoning Ordinance, the height limit in the C-SO Solano Avenue Commercial district for commercial development is 28 and a maximum of two stories. The existing height of the main structure is 35 ; therefore the existing building is legally non-conforming for height. BMC Chapter 23C D (Height Requirements) allows roof mounted or façade mounted antennas proposed on an existing building that is legally non-conforming in terms of height to extend up to 15 feet above the existing height of the building or structure. In this case, telecommunication facilities may extend up to 50 feet. At a maximum height of the 40-6 to the top of the rooftop mechanical equipment, the T-Mobile facility is within the 50 foot allowable height limit. 7. Need for the existing T-Mobile Facility. In order to approve any Use Permit for a proposed telecommunication facility, ZAB must make a finding that the facility is necessary to prevent or fill a significant gap in coverage or capacity shortfall in the service area (BMC Chapter 23C B.3). Although the project before ZAB is not a new facility but is a modification to a previous permit, staff believes that ZAB can make this finding based upon evidence in the record that: i. The existing facility is necessary for the provision of personal wireless service to Berkeley residents and businesses; and

11 ZONING ADJUSTMENTS BOARD 1760 SOLANO AVENUE February 17, 2011 Page 11 of 12 ii. Without such an antenna facility, the operator would be unable to provide personal wireless services to its customers in the proposed coverage area. A map modeling T-Mobile s coverage in the vicinity (see Attachment 9) shows that without the existing T-Mobile facility there would be a significant amount of dropped calls, very poor in-building coverage or non-existent coverage, and possible failure to initiate a 911 call for medical or police services. B. Summary of Key Issues: Based on the applicant s narrative statements, the RF report prepared by a certified electrical engineer, the report by T-Mobile s acoustical consultant concluding that the proposed equipment would not have any detrimental noise impacts and would not exceed the City s Community Noise Ordinance, the Design Review Committee s favorable recommendation of the project, the coverage maps verifying the necessity of the facility, and T-Mobile s compliance with the requirements of BMC Sections 23C A.1 and 23C A.2, staff believes that the proposed alterations to the existing T-Mobile facility would not pose a threat to public health or result in a structure that is detrimental to views. C. General and Area Plan Consistency: General Plan Policy Analysis: The 2002 General Plan contains several policies applicable to the project, including the following: 1. Policy LU-7 Neighborhood Quality of Live, Action A: Require that new development be consistent with zoning standards and compatible with the scale, historic character, and surrounding uses in the area. Staff Analysis: The proposal is consistent with the relevant zoning standards which require that the facility not be readily visible and not result in negative effects on public health (See Section V.A of this report). 2. Policy UD-24 Area Character: Regulate new construction and alterations to ensure that they are truly compatible with and, where feasible, reinforce the desirable design characteristics of the particular area they are in. Staff Analysis: The proposed design incorporates reasonable measures to reduce the visibility of the facility and to match the architecture and the existing building. The design was reviewed and given preliminary approval by the DRC, subject to conditions.

12 1760 SOLANO AVENUE Page 12 of 12 February 17, 2011 IV. Recommendation Because of the project s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, Staff recommends that the Zoning Adjustments Board: A. APPROVE Use Permit Modification # pursuant to Section 23B and subject to the attached Findings and Conditions (see Attachment 1). Attachments: 1. Findings and Conditions 2. T-Mobile Compliance, Public Hearing Notice 4. Acoustical Study, dated September 1, 2010 and prepared by William F. Hammett, P.E. 5. Noise Analysis Peer Review Report, dated September 22, 2010 and prepared by Jordan L. Roberts, Staff Consultant, Ilingworth & Rodkin, Inc. 6. Correspondence Received 7. from applicant, dated January 11, 2011 regarding testing at 919 Ensenada. 8. Acoustical Letter dated January 28, 2011 and prepared by William F. Hammett, P.E. 9. Coverage Maps Staff Planner: Pamela Johnson, pjohnson@ci.berkeley.ca.us, (510)