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DocuSign Envelope lD: DEA78943-1 992-4629-840A-BECD93E45D97
RECORDING REQUESTED BY:
Planning Department
City of Burlingame
WHEN RECORDED MAIL TO:
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CA 94010
2021-167795
10:37 am 12l$Al2'l Rl Fee: NO FEE
Count of Pages 6
Recorded in Official Records
CountY of San Mateo
Mark Church
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Resolution No. 2020-04.27 -8d-3
RIGHT-OF.WAY ADJACENT TO 977 EL CAMINO REAL
APN: N/A, lN RIGHT-OF-WAY
TITLE OF DOCUMENT
I hereby certify this to be a full, true and correct copy of the
document it purports to be, the original of which is on file in my
office.
October 2021
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Date:
Kevin Gardiner, AICP, Community
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RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURLINGAi'E
APPROVING AN APPLICATION FOR A CONDITIONAL USE PERMIT TO INSTALL A NEW
SMALL CELL WIRELESS FACILITY (ANTENNA AND EQUIPMENT) ON AN EXISTING
WOOD UTILITY POLE LOCATED WTHIN THE RIGHT-OF-WAY ADJACENT
TO 977 EL CAMINO REAL
WHEREAS, on October 30,2017, Abigail Reed, an agent for AT&T, filed an application
with the city of Burlingame community Development Department - planning Division requesting
approval of the following request:
conditional use Permit to install a new small cell wireless facility (antenna and equipment)
on an existing wood utility pole located within the righfof-way adjacent to 977 El Camino
Real.
That the proposed wireless facility complies with all the requirements of chapter 25.77
and with all applicable requirements of other chapters of the Burlingame Municipal code;
That the proposed wireless facility, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity and will not be detrimental to the public
health, safety, general welfare, or convenience, because 1) the proposed wireless facilityis located adjacent to an existing commercial use, 2) the proposed wireless facility
complies with the Federal communications commission's radio frequency (RF) emissions
regulations- (confirmed by an evaluation of the proposed wireless facility prepared by
Hammett & Edison, lnc., Consulting Engineers, dated September 26,'2017, and aiindependent review by CTC Technotogy & Energy, dated December 2019) and 3) the
proposed wireless facility, consisting of an antenna and associated equipment mounted
on an existing PG&E owned wood utility pole, will be slighfly wider than the existing pole
and will be concealed with a shield and painted to match the utility pole.
That the proposed use will be located and conducted in a manner in accord with the
Burlingame General Plan and the purposes of the Zoning Code.
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RESOLUTTON NO. 2020-04.27-8d3-ECR
WHEREAS, on December'19, 2019 the Planning Commission conducted a noticed public
hearing (action meeting) to review and comment upon the proposed project. At that time the
Commission continued the application with the direction for the applicant to provide alternative
designs and information regarding the necessity to close significant gaps in coverage; and
WHEREAS, on April 27, 2020 the planning commission conducted a noticed public
hearing (action meeting). Following consideration of all information contained in the April 27,
2020 staff report to the Planning Commission regarding the project, all written correspondence,
and all public comments received at the public hearing, the Planning Commission grants approval
of the application for a Conditional Use Permit based on the following findings:
Conditional Use Permit Findinqs:
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RESOLUTTON NO. 2020-04.27-8d3-ECR
NOW, THEREFORE, BE lT RESOLVED by the Planning Commission of the City of Burtingame,
that:
On the basis of the documents submitted and reviewed, and comments received and
evaluated, the Planning commission finds that there is no substantial evidence that the
project set forth above will have a significant effect on the environment. The planning
Commission further finds that categorical exemption, per CEeA Section 15303, which
states that 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, is applicable to this project and is
approved.
A conditional Use Permit is approved for the project subject to the following conditions of
approval. Findings for the Conditional Use Permit are set forth in the staff report, minutes,
and recordings of the said meeting. Conditions of approval:
that the conditional use permit to install a new small cell wireless communication facility
on an existing PG&E wood utility pole, located within the right-of-way adjacent to 977 El
Camino Real, consisting of a cylindrical antenna, extension on top of the utility pole, one
smartpole meter, two radio remote units, two twin diplexers, one ground bar, and one
electric load center, shall be valid for ten ('10) years from the date of approval. At least
one hundred twenty (120) days prior to the expiration of the initial ten (.lO) year term, the
applicant shall complete and submit a renewal application to the Community Development
Director;
that the project shall be built as shown on the plans submitted to the planning Division
date stamped April 18, 201 9, sheets T-1 , cN-1 , A-1 through A-4.2, E-1 and E-2;
that prior to commencing any work at the site, the contractor commissioned by the
applicant to perform the work shall obtain all required permits, such as a construction
Encroachment Permit and stormwater Pollution Prevention permit from the Department
of Public Works - Engineering Division;
that all units must be at least seven (7) feet clear and above the highest adjacent finished
grade, no exceptions shall be allowed;
that the wireless communication facility shall operate in conformance with all applicable
provisions of Chapter 25.77 of the Burlingame Municipal Code (Wireless
communications); where any conflicts exist between the applicable provisions of that
chapter and this approval, the more restrictive provision shall apply;
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RESOLUTTON NO. 2020-04.27-8d3-ECR
that the facility shall meet or exceed current standards and regulations of the FCC, the
FAA, and any other agency of the state or federal government with the authority to regulate
wireless communication facilities. lf such standards and regulations are changed and are
made applicable to existing facilities, the owners of the facilities governed by this chapter
shall bring such facilities into compliance with such revised standards and regulations
within six (6) months of the effective date of such standards and regulations, unless a
different compliance schedule is mandated by the controlling state or federal agency.
Failure to bring the facility into compliance with such revised standards and regulations
shall constitute grounds for the removal of the facilities at the owner's expense, revocation
of any permit or imposition of any other applicable penalty;
that the facility shall be constructed of graffiti-resistant materials and shall be painted with
non-reflective material consistent with the color scheme on the utility pole;
that signage in, on or near the facility shall be prohibited with the exception of warning and
informational signs, which shall be designed with minimal aesthetic impact;
that within forty-five (45) days of commencement of the facility operation, the applicant
shall conduct a posf installation field test to confirm that the radio frequency (RF) exposure
levels comply with FCC Rules and Regulations and with City noise regulations, shall
submit the comprehensive report to the City, and if necessary, agree to prompfly correct
any noncompliance;
that the applicant shall report to the City every five (5) years from the date of
commencement of the facility operation, a review of the condition of the facility, of the
facility's compliance with federal and state regulations and of the facility's compliance with
the provisions of this chapter and the conditions of approval. The applicant shall also
provide updated contact information for the owner and the applicant and verifiable
confirmation information as to what carrier(s) are using the facility;
that the applicant shall procure and maintain a city business license, contact information
for the applicant, for the agent responsible for maintenance of the facility and for
emergency contact;
that the applicant shall either secure a bond, letter of credit or other similar financial
assurance, in a form acceptable to the city, for the removal ofthe facility in the event that
its use is abandoned, its operation is ceased or the approval is terminated;
that maintenance and repairs to facility shall be permitted provided that such maintenance
and repair does not enlarge or extend the facility structure or equipment enclosures or
change the number, type, dimensions, of the antenna or related equipment;
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RESOLUTTON NO. 2020-04.27-8d3-ECR
that if the applicant intends to substitute the equipment installed pursuant to this permit
with subsequently-developed technology, such as "5G" equipment, the applicant or
responsible party shall provide sixty (60) days prior notice to the City and secure any
necessary permits before commencing such work;
that current contact information of the person or entity responsible for maintaining and
repairing the facility shall be provided to and maintained by the community Development
Department;
that the facility shall be kept clean and free of graffiti, titter and debris. Lighting, walls,
fences, shields, cabinets, and poles, shall be maintained in good repair and free of graffiti
and other forms of vandalism, and any damage from any cause, including degradation
from wind and weather, shall be repaired as soon as reasonably possible to minimize
occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any
facility as soon as practicable, and in no instance more than two (2) business days from
the time of notification by any person or entity;
that except for emergency repairs, testing and maintenance activities that will be audible
beyond the property line shall only occur between the hours of 8:00 a.m. and 6:00 p_m. on
Monday through Friday, excluding holidays;
that the service provider shall notify the community Development Director of the intent to
vacate a site at least thirty (30) days prior to the vacation;
that if the facility site is not operated for a continuous period of twelve (12) months, the
conditional use Permit shall be deemed terminated unless before the end of the twelve
(12) month period:
(1)The Community Development Director has determined that the same operator
resumed operation; or
The City has received an application to transfer the permit to another service
provider.
(2)
that no later than ninety (90) days from the date the facility is determined to have ceased
operation or the Provider has notified the community Development Director of the intent
to vacate the site, the owner of the wireless communication facilities or the owner of the
property on which the facility is sited shall remove all equipment and improvements
associated with the use and shall restore the site to its original condition as required by
the community Development Director. The provider or owner may use any bond or other
assurances provided by the operator to do so. The owner or his or her agent shall provide
written verification of the removal of the facility within thirty (30) days of the date the
removal is completed.
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RESOLUTTON NO. 2020-04.27-8d3-ECR
Chairperson
I,
the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted
at a regular meeting of the Planning Commission held on the 27th dav of April. 2020, by the
following vote:
97ZEL GAI|{9.REAL - REso 2020{I,r.27{d3+cRAYES: COiIAROTO, GAUL LOfuS,
-
SARGENI SCHI|D, TERROT{ES, TsENOES: NOiIE
ABSEI{T r{O]{E
RECUSED: NONE
Richard Teno nes
(
Secretary of the Planning Commission of