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Home My WebLink About1800 Hillside Drive - Staff Report (4)City of Burlingame Conditional Use Permif Address: Right-of-Way Adjacent to 1800 Hillside Drive Item No. 6b.2 Study Item Meeting Date: March 12, 2018 Request: Application for a Conditional Use Permit to install a new wireless facility (antenna and equipment) on an existing wood utility pole located within the right-of-way adjacent to 1800 Hillside Drive. Applicant: Abigail Reed, Modus LLC APN: N/A, in right-of-way Property Owner: Joint Pole Association Lot Area: N/A Architect: Borges Architectural Group Zoning: R-1 General Plan: Low Density Residential Wireless Communications Ordinance: Wireless telecommunications facilities are licensed and regulated by the California Public Utilities Commission and the Federal Telecommunications Act of 1996. The City can, within limited discretion, control the time, place, and manner of installation. The Wireless Communications Ordinance was adopted by the City Council on February 6, 2012 (Chapter 25.77 — Wireless Communications Facilities is attached for review). The purpose of this ordinance is to maintain and more importantly, to facilitate modernization of Burlingame's communications infrastructure in a manner that improves the quality of the City's environment, the pleasant aesthetics of the City's neighborhoods, the City's architectural traditions dating to the early 20th century and the visual quality in the non-residential areas of the City. More specifically, the purpose of this ordinance is to regulate, as allowed by state and federal law and regulations, the location of communications facilities in the City of Burlingame in a manner that recognizes the community benefits of communications technology, which provides clear guidance to the communications industry but also recognizes the strong need to preserve the City's aesthetic traditions. Background: In recent years, wireless telecommunication service providers have indicated they are experiencing increased customer demand, particularly with respect to data capacity and wireless broadband speed. In order to address this demand, wireless providers are installing small cell antennas placed in densely populated areas that have been determined to need additional network capacity, such as downtowns, heavily used traffic corridors or areas that cannot be effectively served by traditional macro cells. These small cell wireless antennas are not intended to replace macro cell sites, but to fill in areas that do not have sufficient capacity. AT&T has submitted several applications for new wireless facilities in or near residential zones throughout the City. These applications consist of adding an antenna and associated equipment onto existing PG&E owned wood utility poles located within the public right-of-way. The proposed locations include existing PG&E utility poles adjacent to properties located at: 1505 Bernal Avenue 1800 Hillside Drive 1210 Oak Grove Avenue 1480 Broadway 937 Larkspur Drive 701 Winchester Drive 977 EI Camino Drive At the request of the applicant, Planning staff is first bringing forward the proposed applications adjacent to 1800 Hillside Drive and 701 Winchester Drive for review by the Planning Commission. The remaining applications will be presented at future Planning Commission meetings. Staff would also note that Verizon recently submitted seven similar small cell wireless antenna applications for installations on PG&E utility poles in the right-of-way; staff is currently reviewing those applications for completeness. This brings the total number of applications currently being reviewed to 14; staff anticipates additional applications to be submitted. Conditional Use Permit Right-of-Way Adjacent to 1800 Hillside Drive Lastly, on March 5th the City Council reviewed information pertaining to the placement of wireless cell antennas and related equipment on City-owned utility poles (street light poles). The Council directed staff to provide additional information, but indicated that based on the information provided it may consider allowing installations on City-owned utility poles in the future. Currently there is one similar wireless facility installation on an existing utility pole located at the corner of Peninsula Avenue and Stanley Road. This wireless facility was installed prior to adoption of the Wireless Communications Ordinance, which at that time only required an encroachment permit. Project Description: The applicant, Abigail Reed, agent for AT&T, is requesting approval of a Conditional Use Permit to install a new wireless communication facility (wireless facility) on an existing wood utility pole owned by the Joint Pole Association. The proposal includes installing a cylindrical antenna and extension on top of an existing utility pole and associated equipment and cabling mounted on the side of the utility pole. An application for a Conditional Use Permit is required because the project consists of installing a new wireless facility (not a co-location) and because it is located in a residential zoning district. The PG&E utility pole is located within the right-of-way near the corner of Hillside Drive and Cabrillo Avenue, adjacent to the parcel with an address of 1800 Hillside Drive. The utility pole is located along Hillside Drive, in the planter strip between the sidewalk and street. The proposed site is surrounded by single family residential uses and Our Lady of Angels Catholic Church and School to the east. There are existing street trees on either side of the utility pole, which would not need to be removed to accommodate the proposed wireless facility. In their responses to plan review comments, AT&T notes that "the proposed site will assist with off-loading traffic from the macro sites and provide substantial improvement in service to residents in the area that will allow them to fully experience the advantage of AT&T's high speed 4G LTE. This is especially impactful for those who rely on the AT&T network for broadband data services and who increasingly use their mobile phones as their primary communication device and rely on their mobile phones to do more." Visual simulations depicting existing and proposed site conditions are attached to the staff report for review. The proposed antenna, equipment and cabling are proposed to be painted to match the utility pole. The proposed wireless facility application consists of the following: 1) Install one (1) new cylindrical antenna and extension on top of an existing wood utility pole. The antenna measures 9.45" in diameter and 23.63" tall. In order to comply with minimum clearance requirements, the antenna is installed on a 7'-0" wooden extension and mounting bracket on top of the utility pole (see existing and proposed elevations on sheet A-3). The top of the existing utility pole measures 38'-7" in height. The proposed antenna, extension and mounting bracket increases the overall height of the pole to 47'-10" above grade, or 9'-0" above the top of the existing pole. There are no cabinets proposed at grade within the right-of-way. 2) Install equipment associated with the antenna onto the side of the existing utility pole using a mounting bracket. The equipment includes two (2) twin duplexers, finro (2) radio remote units, one (1) fiber distribution panel, one (1) electric load center and one (1) power meter, with the following dimensions: Twin duplexers: 0'-83/" wide x 0'-45/" tall x 0'-3'/2" deep Radio remote units: 1'-0" wide x 2'-0" tall x 0'-6" deep Fiber distribution panel: 0'-8" wide x 0'-10" tall x 0'-4'/2" deep Electric load center: 0'-9" wide x 1'-1" tall x 0'-4'/z" deep Power meter: 1'-0" wide x 2'-0" tall x 0'-45/" deep 2 Conditional Use Permit Right-of-Way Adjacent to 1800 Hillside Drive Including the mounting bracket, the equipment extends approximately 1'-8" from the face of the utility pole. The equipment is proposed to be mounted on the side of the utility pole facing the sidewalk. As proposed, the equipment would not extend into the sidewalk area; a minimum clearance of 7'-0" is provided between the ground and the bottom of the equipment. 3) Install coaxial cables associated with the antenna and equipment in 1'/z" and 3" conduits mounted on the utility pole. As previously noted, AT&T has submitted a total of seven applications for new wireless facilities to be installed on wood utility poles located within the right-of-way. The applicant provided a map showing AT&T's existing and proposed wireless facility locations over the next two years. AT&T also provided a propagation map which shows the increased coverage the proposed node adjacent to 1800 Hillside Drive will provide compared to existing conditions. Propagation maps for the remaining six locations are provided for reference. The applicant notes that "small cell technology has a maximum effective radius of 300 feet and therefore requires the sites to be much closer together than the larger macro sites. These small cell facilities are not meant to increase the coverage area but to assist with unloading traffic from the macro site, which is why each site was carefully selected by AT&T's radio frequency engineer. Small cell facilities increase data speed and decrease the number of dropped calls. Because of this they are placed in specific locations of need, in order to service a targeted community. The target community for these sites are specific residential areas, intersections, and EI Camino Real, which can only be reached by these proposed node locations." The applicant also notes that "the proposed facilities are Centralized Radio Access Network (CRAN) sites. These differ from Distributed Antenna Systems (DAS) because CRAN are lower powered and provide capacity rather than coverage. The CRAN sites are strategically placed to improve the network and will be connected to each other with overhead fiber." The fiber/cables will be installed under separate permits; fiber routes are unknown at this time. Public Outreach: Pursuant to the City's ordinance, the applicant is encouraged to perform an early stage outreach with residents and property owners near the proposed wireless facility in order to address and, if possible, resolve any impacts of the proposed facilities on the surrounding neighborhood. The applicant sent out an informational notice to all residents/property owners within 300 feet of the proposed wireless facility (see attached copy of notice). The notice provides a description of the proposed facility and AT&T contact information for individuals with comments or questions about proposed facility. The applicant reports that they did not receive any comments or questions for this proposed installation. Location Preference Order: The City's ordinance requires that in determining the location of proposed wireless communication facilities, applicants should use best efforts to comply with the location preference order listed below. Wireless communication facilities must be located where feasible in the locations listed below by descending priority. Per the current ordinance, placement on existing utility poles is low in preference, if not the lowest in certain areas. If applicable, the applicant shall include an explanation of the reason that the proposed facilities cannot be deployed at a higher-preference location. Please refer to the attached document title `Burlingame Study Session 3.12 Written Response' date stamped March 7, 2018 for reasons this location was chosen. 1) Locations within Non-Residential Zoning Districts, which are more than five hundred (500) feet from Residential Zoning Districts or the Burlingame Downtown Districts and which are not within the Burlingame Downtown Districts. 3 Conditional Use Permit Right-of-Way Adjacent to 1800 Hillside Drive (A) Completely enclosed within existing, permitted buildings. (B) Located on electric power transmission towers. (C) Co-located on existing wireless communications facilities. (D) The roof of existing structures (buildings, water tanks, etc), designed to blend in with the building, camouflaged or screened from the public right-of-way which constitutes a pedestrian travel corridor. (E) The side of existing structures (buildings, water tanks, etc.), designed to blend in with the building, camouflaged or screened from the public right-of-way which constitutes a pedestrian travel corridor. (F) Camouflaged stealth structure (a false tree, building, artifice, etc). (G) Existing utility poles, with all ancillary equipment placed underground if feasible, camouflaged or screened. (H) Existing utility distribution poles and street lights. (I) Slim line monopole, with antennas in a canister at the same diameter as the pole. (J) Standard monopole with attached flush-mounted (not extending more than twenty-four (24) inches from the pole) antenna elements. 2) Non-Residential Zoning Districts within five hundred (500) feet of Residential Zoning Districts or the Burlingame Downtown Districts, and the Burlingame Downtown Districts. (A) Integrated into non-residential uses (libraries, churches, temples, etc.) designed to blend in with open space (playing fields, parking lots, parks, etc.); hidden from pedestrian view by means of stealth design, stealth structures, architectural integration or screening. (B) Co-located on existing wireless communications facilities which are in compliance with the provision of this chapter. (C) In public right-of-way, within new light poles with interior stealth installations of cabling and antenna, and to the extent feasible, control equipment. (D) In public right-of-way, on existing utility or light poles, with all ancillary equipment either underground, if feasible, camouflaged, screened or painted to blend into the surrounding structure. 3) Residential Zoning Districts. If located within a residential zoning district, the following guidelines apply: (A) Integrated into non-residential uses (libraries, churches, temples, etc.) or designed to blend in with open space (playing fields, parking lots, parks, etc.); hidden from view by means of stealth design, stealth structures, architectural integration or screening. (B) Co-located in existing wireless communications facilities which are in compliance with the provisions of this chapter. (C) In public right-of-way, within new light poles with interior stealth installations of cabling and antennae, and to the extent feasible, control equipment. (D) In public right-of-way, on existing utility or light poles, with all ancillary equipment either underground, if feasible, camouflaged, screened or painted to blend into the surrounding structure. Design Criteria: The goal of the City's regulations is to reduce to the greatest extent possible all visual impacts resulting from the installation of wireless communications facilities. Stealth design and stealth structures for these facilities shall be considered the normal standard for all wireless communications facilities. Non-stealth designs and structures shall not be approved without evidence, independently verified, that it is not possible (using best efforts by applicant) to stealth such facilities. Applications shall be reviewed to determine compliance with the following criteria. If the applicant's proposed facility cannot comply with the following criteria, the application shall include a detailed explanation of why it is not reasonably feasible to comply with the criteria. 4 Conditional Use Permit Right-of-Way Adjacent to 1800 Hillside Drive Please refer to the attached document title 'Burlingame Study Session 3.12 Written Response' date stamped March 7, 2018 for reasons some of the criteria were not met. (a) Wireless communication facilities should be co-located where feasible and where the co-location does not create an adverse aesthetic impact due to such factors as increasing the bulk, the height or the amount of noise created by the proposed co-located facilities. (b) Wireless communication facilities should to the greatest extent feasible, not be located in Residential Zoning Districts. However, staff would note that the California Public Utilities Commission has determined thaf wireless providers are a utility and therefore have rights of use of public right-of-ways as other utility. (c) Wireless communication facilities should be designed, located and constructed in a manner that minimizes visual and auditory impacts of the facilities. The wireless communication facilities shall blend into the surrounding environment and/or shall be architecturally integrated into a structure, considering the color, design and character of the surrounding context (e.g., public art, clock towers, flagpoles, trees/vegetation, rocks, water tank, existing office/industrial buildings, and church steeples). Specifically, the proposed facilities shall comply, to the greatest extent feasible, with the following: (1) The facilities should be concealed, screened or camouflaged by the surrounding topography, vegetation, buildings, or other setting. (2) The facilities should be proportional in size relative to surrounding and supporting structures and ability for co-location by other providers. (3) Roof-mounted facilities should be, out of view and screened; these facilities shall be set back at least one foot from the edge of the roof for every one foot of antenna height and shall not exceed ten (10) feet in height above the roof surface. (4) Wall-mounted facilities should be compatible in scale and design with the building, shall be flush mounted, i.e., not extending from the face of the building more than twenty-four (24) inches and shall be painted and/or textured to match the wall of the building. All cables and brackets, wires, shall also be hidden. (5) All facilities should be constructed of graffiti-resistant materials. (6) All concealing, screening, painting, camouflaging and/or use of stealth designs and stealth structures should be consistent with Section 25.77.010 (Purpose) including, but not limited to, promoting wholesome, attractive, harmonious and economic use of property, building construction, civic service, activities and operations in conformity with and preserving the overall aesthetics of City neighborhoods including its character and its century old architectural traditions. (d) Where applicable, appropriate landscaping should be installed in and around the proposed wireless communication facilities. (e) Any exterior lighting on the facilities should have a manual on/off switch and be contained on-site. (fl Ground equipment of the facilities should be concealed, screened, camouflaged or hidden using stealth design, stealth structures, underground installation or landscaping and fencing. (g) Signage in, on or near any facilities should be prohibited with the exception of warning and informational signs, which shall be designed with minimal aesthetic impact. 5 Conditional Use Permit Right-of-Way Adjacent to 1800 Hillside Drive (h) Wireless communication facilities should be discouraged in areas subject to the City's hillside construction permit as designated in Section 25.61.010; if facilities cannot be avoided in the hillside areas, then visual impacts should be eliminated through stealth design, stealth structures and landscaping. (i) Support wires for structures should be discouraged. (j) The wireless communication facilities should be designed to discourage unauthorized access. Radio Frequency Study: Staff would note that cities may not regulate placement, construction or modification of wireless communications facilities based on radio frequency ("RF") emissions if the proposed wireless facility complies with the Federal Communications Commission (FCC) RF emissions regulations. Federal law prohibits cities from considering RF emissions as a basis for denying or restricting cellular facilities. An evaluation of the proposed wireless facility was prepared by Hammett & Edison, Inc., Consulting Engineers, dated September 17, 2017, for compliance with appropriate guidelines limiting human exposure to radio frequency ("RF") electromagnetic fields (see attached full report). The report concluded that operation of the node proposed by AT&T at this location "will comply with the prevailing standards for limiting public exposure to radio frequency energy and, therefore, need not for this reason cause a significant impact on the environment. The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for exposures of unlimited duration. This finding is consistent with measurements of actual exposure conditions taken at other operating nodes." The evaluation prepared by Hammett & Edison, Inc. concludes that the proposed wireless facility will be compliant with Radiofrequency Radiation Exposure Limits established by the FCC. Therefore, the City cannot use RF emissions as a reason for denying the modification request. Staff Comments: See attached memos from the Engineering Division. The application was reviewed by the Public Works Department and determined that the proposed facilities will not interfere with, present a hazard to, or otherwise incommode the use of the right-of-way. The Building, Fire, Parks and Stormwater Divisions had no comment on the proposed application. Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15303, New Construction or Conversion of Small Structures, Class 3, consists of 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. Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020, a-c): (a) The proposed use, 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; (b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. �� Condiiional Use Permit Right-of-Way Adjacent fo 1800 Hillside Drive Planning Commission Action: While the Planning Commission generally does not review projects or improvements proposed within the right-of-way, the Wireless Communications Ordinance states that a conditional use permit for a wireless communication facility may be granted only after a public hearing before and approval by the Burlingame Planning Commission (Code Section 25.77.050 (c)). The purpose of this study meeting is only to review and discuss the proposed design of the wireless facility and not the radio frequency ("RF") emissions since the proposed wireless facility complies with the Federal Communications Commission (FCC) RF emissions regulations. Federal law prohibits cities from considering RF emissions as a basis for denying or restricting cellular facilities. The Planning Commission should limit and focus their comments on the design of the wireless facility based on the design criteria listed on pages 4 and 5. Ruben Hurin Senior Planner c. Abigail Reed, applicant Attachments: Chapter 25.77 — Wireless Communications Facilities Application to the Planning Commission Northern California Joint Pole Association Membership Status and Letters of Authorization Conditional Use Permit Application Proof of Outreach, Information Notice prepared by applicant, dated January 17, 2018 Visual Simulations Burlingame Study Session 3.12 Written Response, date stamped March 7, 2018 Existing and Proposed Facility Maps Propagation Maps, dated November 13, 2017 Evaluation of Proposed Wireless Facility, prepared by Hammett & Edison, Inc., Consulting Engineers, dated September 27, 2017 Staff Comments Notice of Public Hearing — Mailed March 2, 2018 Aerial Photo 7 25.77.010 Chapter 2�.77 �VIRELESS COi�1��IUNICATIONS FACILITIES Sections: Z 5.77.010 25.77.020 25.77.030 2�.77.0-40 25.77.050 25.77.05� 25.77.060 25.77.070 25.77.080 2�.77.090 2�.77.100 25.77.110 25.77.1ZO 2�.77.125 25.77.130 2�.77.1�0 25.77.150 25.77.160 25.77.16� 2�.77.163 2�.77.170 Purpose. Definitions. Applicability. Non-conForming facilities. Perroit requirement. Pre-application meeting. Contents of permit application. Application fee. General requirements. Design criteria for �vireless communications fncilities. �Vireless Communications Facility Guidelines. Conditional use permit—�iotice of public hearine to property o�vners—Action by Planning Commission. Administrative use permit— Notice of project to property owners—Action by Community Developme�t Director. 1Vireless facilities in public right- of-way—DP�V revierv. Conditions oFapproval. Post-appror•al requirements. Term. Rene�val. Zloditication. �Vireless facility modiFcarion under 47 U.S.C. � 14��. Cessation of operations. 25.77.010 Purpose. Based upon the principles of the Burlingame General Plan and the Specific Area Plans, thz purpose of this chap- tzr is to maintain and more importantly, to facilitate mod- emization ofBurlin�ame's communications infrastructure in a manner that improves the quality of the City's envi- ronmznt, the pleasant aesthetics of the City's neiahbor- hoods, the City's architectural traditions dating to the early ?Otl� century and the visual quality in the non-residzntial areas of the Ciry. I�iore spzcifica(ly, the purpose oF this chapter is ro regulate, as allowed by state and fedzral Is�v and reaulations, the location ofcommunications facilities in the City of Burlin�ame in a manner that reco�nizes the community benefits ofcommunication� technoloQy, which provides clear guidsnce to the communications industry but also recoo izes the strong need to preserve the City's aesthetic traditions. The objectives of this chapter include: (a) Promotin� wholesome, attractive, harmonious and economic use of property, building construction, civic service, activities and operations in conformity �vith and preservin; the overall aesthetics of City nei�hborhoods. (b) Ensurin� the character of City neighborhoods and preservin� the century old architectural traditions of Bur- IinJame. (c) Reducing and �vhereverpossible camoufla�ing the visual effects of communications facilities throughout the City, �vhether on private property or in the public right-of- �vay. (d) Encouragin� the installation of coaununications facilities at locations where other such facilitizs atready exist �vithout aesthetically ovenvhelmin� those locations with additional facilities. (e) Encourasin� the installatio❑ of such facilities in locations to minimize potential adverse aesthetic impacts. (� Creating a transparent and open process by which City staff, ci[izens, and communications providers can collaboratively achieve solutions to the placement of tele- communications facilities to achieve these goals. (g) Encoura�in� industry to adopt best practices in all deploytnents, to utilize dzsigns to minimize visual im- pacts, to sharz with the City fuhire plans for deployments so that the cumulative impacts can be understood and planned for, and to fairly compensate the City for the rea- sonable staff time and costs incurred as a result of the ap- plicant's rzquest to use public assets such as ri�hts-of-�vay and utility poles. (Ord. 1370 y 2, (2012); Ord. 1869 y 3, (2012)) 2�.77.OZ0 Definitions. For the purpose of this chapter, certain �vords and terms are hereby dzfined. �Vords used in the sin�ular number shall include the plural and the plural the sinQular; unless more spzcifically defined, the �vord "buildin�" is inter- chanQeabfe �vith the w�ord "structure," the �vord "shall" is mandatory and not discretionary. All equipment not spe- cifically described herein shall be reQulated in conformity with that equipment described herein �v°hich is most sub- stantially similar, from a ft�nctionality standpoint. Refer- ence to "facility" is interchanseable with "wireless com- munications facility" unless othznvise noted. (a) "Antenna" shall mean a device used in �virelzss conununications which transmits or receives radio or any other sort of electronic type of siQnal, �vhich may include electromaanetic �vaves. IBurlin�amzSupp.No.3'? �-I�) �$( 2�.77.020 (b) "ApplicanP' or "provider" shall mean the person or entity applyin; for a permit to install wireless comrnunica- tions facilities. j$(�g (Burlin�amz Su�p. No.3_', �-IS) 25.77.030 (c) "Co-location" shall mean the placement or instal- lation of wireless communications facilities, inciuding antennas, and related equipment, on, in, or immediately adjacent to, an already existing wireless communications facility which has been designed as a co-location facility, has been granted a use permit pursuant to this chapter. (d) "Cessation of operation" shall mean that a facility, for whatever reason, has not functioned for a period of twelve (12) months. (e) "Burlingame Downtown Districts" shall mean the downtown Burlingame Avenue Specific Plan Area and the Broadway Avenue commercial district as delineated in the City of Burlingame zoning map. (� "Equipment facility" shall mean a cabinet or struc- ture used to house equipment associated with wireless communication antennas. (g) "Fa�ade-mounted antennas" shall mean any type of wireless communications facility in which antennas are mounted on the wall of a structure. (h) "Nlicrowave antenna" shall mean a bowl-shaped antenna used to link communication sites together by wire- less transmission of voice or data in a specific directionaf pattem. (i) "blonopole" shall mean a free-standing pole like a slim line, flagpole, or simifar structure. (j) "Owner" shall mean the person or entity that has le;al ownership or control over the tangible wireless communications facilities. (k) "Lattice tower" shall mean an open lattice type structure; it does not include electric power transmission towers. (I) "Electric power transmission tower" shall mean those towers used by electric utilities for transrnitting elec- tric power; they can be either lattice or monopoles. (m) "Non-residential Zoning Districts" shall mean those zoning districts within the City of Burlingame which are neither Residential Zoning Districts nor Burlingame Downtown Districts. (n) "Radio frequency radiation (RFK)" shall mean electromagnetic radiation in the portion of the spectrum from three (3) kHz (kiloHertz) to three hundred (300) gHz (gigaHertz). (o) "Reasonably feasible" or "Feasible" shall mean that a requirement is not impossible, not costly out of pro- portion with the facility, not impractical or beyond indus- [ry capabilities. (p) "Roof-mounted" shall mean any type of facility in which antennas are mountzd on the roof, parapet or similar feature of a structure and extends past the roofline of the buildin;. (q) "Residential Zoning District" shall mean the R-1, R-2, R-3 and R-4 residential zoning districts as delineated on the City of Burlingame zoning map. (r) "Stealth design" shall mean any design which, utilizing the industry's best effort and most current tech- nology, as of the time of the cunent application, screens from view, camouflages, integrates a facility into the ar- chitectural features of a buildin� or structure or in any other manner reduces to insignificant the visual impact of wireless communication facility components including, but not limited to, antenna, transmitters, relays, receivers, equipment cabinets or any other portion or component of a wireless communication facility. (s) "Stealth structures" shall mean a structure which utilizes stealth design to screen from view, camouflage, integrate into the architectural features of a buildin; or otherwise eliminates or reduces to insignificant the visual impact of wireless communication facilities. Such struc- tures include, but are not limited to, tree designs, rooftop structures, simulations ofbuilding fea[ures, desi�ns match- ing adjacent architectural and vegetation features, antennas encased within poles or radomes and similar structures which can eliminate or reduce the aesthetic impact of the facility. (t) "Support structure" shall mean a ground placed structure in which or to which wireless communications facilities are attached or housed. (u) "�Vireless communications facilities" and "facili- ties" shall mean commercial transmitting, relaying and/or receiving antennas, antenna support structures and/or an- cillary facilities, inciuding, but no[ limited to, equipment cabinets, facility components and similar structures or equipment and/or overhead service/transmission lines used for the purpose of transmitting, relaying and/or transmit- ting and/or receivin� data, voice and/or pa�ing services. Communications facilities shal( also include those in- tended to be operated for a limited time such as facilities mounted on a mobile vehicle or trailer. For purposes of this chapter, communications facilities do not inc(ude those Facilities specifically protected pursuant to Section 207 of the Telecommunications Act of 1996. In the in- stance of a distributed antenna system (DAS) or functional equivalent (e.�., distribution of the signa( via multiple distribution points), the wireless communication facilities shall mean all distributed points and connectin; cables and support equipment for the DAS system. (Ord. 1870 § 2, (2012); Ord. 1869 § 3, (2012)) 25.77.030 Applicability. This chapter shall apply to all wireless communication facilities which transmit and/or receive electromagnetic si�nals in order to provide services, includin�, but not 586- I (Burlin�amz Supp. No. 20, �-I?) zs.��.o�o limited to, personal communications services (such as mobile telephone services, internet services, location and monitoring services, data, e-mail, texting, streamin; video and audio and paging) fixed microwave services, and mo- bile data services. This chapter shall apply to the entire area within the City of Burlingame city limits including all zoning districts, all public property and all public right-of- way. This chapter shall not be applied or interpreted, to prohibit or to have the effect of prohibiting wireless com- munications services, to regulate the placement, construc- tion or modiFcation ofwireless communications facilities on the sole basis of the environmental effects of radio frequency emissions, provided that such facilities comply with Federal Communications Commission ("FCC") regu- lations, or to unreasonably discriminate among providers of functionally equivalent wireless communications ser- vices. This chapter shall not apply to: (a) Wireless communications facilities which are lo- cated completely enclosed within a permitted structure are incidental to a permitted use in that structure and are lo- cated within a non-residential Zoning District. (b) Hand-held mobile, marine, and poRable radio transmitters and/or receivers which are not affixed to land or a structure. (c) Wireless communications facilities required on a temporary basis during an officially declared emergency by local, state or federal authority. (d) Traditional terrestrial radio and television mobile broadcast facilities. Where conflict occurs between the provisions of this chapter and any other City codes, ordinances, resolutions, guidelines or regulations, the more restrictive provision shall control unless otherwise specified or mandated by law. (Ord. 1870 § 2, (2012); Ord. 1869 § 3, (2012)) 25.77.0�0 Non-conforming facilities. Anywireless cornmunication Pacility that was lawfully erected prior to the effective date of the ordinance codified in this chapter shall not be required to meet the require- rnents oPthis chapter. The non-conEormin; wireless com- rnunications facilities shall be allowed to continue as they exist as of the effective date oEthis ordinance, but will be considered as lawful nonconformin� legal uses and shall be subject to the restrictions of Chapter 2�.50 oEthis code. The foregoin� nohvithstanding, non-conforming wireless communication facilities shall be required to comply with the requirements of this chapter if any non-conPorminJ facility or component of a non-conformin� facility is modi6zd as def ned in Section 2�.77.165. (Ord. 1870 § 2, (ZO l2); Ord. 1869 § 3, (2012)) 2�.77.0�0 Permit requirement. (a) Permit Requirement for Location of 1�Vireless Communications Facilities. No wireless communication facility shall be constructed, erected or placed anywhere within the Ciry without first obtaining a permit from the Planning Commission or the Community Development Director pursuant to the requirements of this chapter and without obtaining any permits required under any other applicable state federal or local laws or regulations, unless exempt pursuant to Section 2�.77.030. Applications for approval of wireless communication facility shal( be sub- mitted to and processed by the Planning Division of the City's Community Development Departrnent and shall be reviewed and either approved, modified or denied by the Community Development Director or the Planning Com- mission, depending upon the application's classification as defined in this chapter. If the Communiry Development Director cannot suppoR the findings of this chapter based upon the proposed project, then the Director may refer the application that would othenvise be subject to an adminis- trative use permit, for review and approval by the Plannin� Commission. (b) Administrative Use Permit. An administrative use permit for wireless cornmunications facilities may be granted by the Community Development Director if the proposed facility: (L) Will be placed entirely within a non-residential zoning district, not within the Burlingame downtown dis- tricts and not within five hundred (500) Peet from any resi- dential zoning district or the Burlingame downtown dis- tricts. (2) W ill be co-located on, in or immediately adjacent to an existing wireless communication facility. (c) Conditional Use Perrnit. Except for Pacilities per- mitted under subsection (b), above, all wireless communi- cation facilities shall require a conditional use permit. A conditional use permit application for wireless communi- cation facilities shall be submitted to and processed by the Community Development Department to determine that the proposed facility complies with all the requirements of this chapter and with all the applicable requirements of other chapters of the Burlin;ame btunicipal Codz. Once the application is complete, it shall be placed on the action calendar of the next available Planning Commission meet- ing for consideration. A conditional use perrnit for wireless communication facilities may be granted only after a pub- lic hearin; before and approval by, the Burlin�ame Plan- ning Commission. (Ord. 1870 § 2, (2012); Ord. 1869 § 3, (2012)) �' .. _. (Burlingamt Supp. No.20, 5-12) 5g6-� 25.77.0�5 25.77.0�� Pre-application meeting. Prior to Fling an application for a use permit for the installation of wireless communication facility, an appli- cant is encouraged to schedule a pre-application meeting with the Community Development DepaRment to discuss the proposed facility, all of [he requirements of this chap- ter and any potential impacts of the proposed facility. The applicant will be encouraged to perform an early stage outreach with residents and property owners near the pro- posed facilities in order to address and, ifpossible, resolve any impacts of the proposed facilities on the surrounding neighborhood. (Ord. 1870 § 2, (2012); Ord. 1869 § 3, (2012)) 25.77.060 Contents of permit application. (a) Conditional Use Permit. An applicant for a wire- less communication facility conditional use permit shall complete and submit an application, together with all re- quired information, to the Community Development De- partment for review and processing. The application shall _ contain and include all of the followin�: (1) Name, address, phone number, email address oF. (A) The owner of the proposed facility; (B) The applican[ if different than owner; (C) Any proposed service provider tenant. (2) If the proposed facility is to be located in the pub- lic right-of-way, a copy of the CPUC documentation grant- ing right of owner to locate utility facilities in right-of- way. (3) A cfear written description of the proposed facility that includes the number of antennas, the location and length of fiber/cable, the location and dimensions of all related equipment (cabinets, generators, batteries, cooling, transmitters, hubs etc.); such written description shall pro- vide how this facility relates to the overall wireless net- work for the carrier(s) it is servicing as well as how this facility relates to other wireless facility projects in process of being constructed and/or planned in or near the City of Burlingame. (4) A site plan with photos, depictinJ the location and dimension of the proposed wireless communication facili- ties and oFthe eYisting surroundin; area features includin� structures, roads, trees, and similar items. (5) A map identifyin� the applicant's existing and planned wireless communications facilities within city limits. The map shall include an illustration of the esti- mated covera�e area (search area) for all existing and pro- posed wireless communication facility sites for the appli- cant and/or service provider and shall include an explana- tion of how the proposed wireless communication facility fits into the individual service provider's network ofexist- ing and proposed wireless communication facility sites within a tentative two (2) year plan. (6) An explanation of the wireless communication facility site selection process including information about other sites which were considered, the reasons for the re- jection of other sites, the reason that this paRicular facili[y is required to cover a gap in service, and the reason �vhy the gap in service cannot be covered with another location or another technology. (7) Visual impact demonstrations usin� clear, accurate and readable photo-simulations of all of the proposed wireless communication facilities. The simulations should contain dimensions, height measurements and color, size and shape (proper coloration and blending of the facility with the proposed site) of the proposed facilities in order to facilitate determination of potential visual impacts. (8) [f applicable, landscape plan that shows existing vegetation, indicating any vegetation proposed for removal I, and identifying proposed plantings by type, size and location. (9) [nformation regarding potential environmental impacts (e.g., noise, visual, traffic, etc.) that may result from the installation of the �vireless communication facil- ity. (l0) Certification by a qualified third party that the proposed wireless communication facility will comply with applicable radio frequency (RF) emission standards as established by the FCC. Such documentation may be satisfied by a written demonstration of compliance with FCC Bulletin OET-65, as amended. ( l 1) �Vritten description of any noise, lijht and/or heat generated by the facility, including, but not limited to, retractable monopole motors, antenna rotators, power gen- eration, cooling equipment and similar items. ( l2) [f applicable, an explanation for any deviation of the proposed facility from any of the design standards or o[her requirements of this chapter. Deviations are discour- aged and shall onfy be granted where required by state or federal law. (l3) Additional information the Community Develop- ment Director deems necessary to process the application in compliance with the requirements of this chapter. This may include, but is not limited to, information conceming noise that might be generated by equipmen[ associated with a wireless communication facility, such as air condi- tioning equipment. (l4) A[ the applicant's expense, the City may require verification of the applicant's submittzd technical data by a qualified independent [hird party selected by the City. The technical data subject to [hird party verification shall be limitzd to the determinations that: 536-3 (Burlin��mz Supp. i lu. ?0, �-12) 25.77.070 (A) The wireless communications facilities are com- pliant with FCC regulations; and (B) The facilities are required to cover a gap in ser- vice. (b) Administrative Use Permit. An applicant for an administrative use permit for wireless communication facility shall complete and submit an application, together with all required information, to the Community Devel- opment Department for review and processing. The appli- cation shall contain and include information required un- der subsection (a)(L) through (7), (10), (l3) and (l4). (c) If an applicant fails to provide all of the informa- tion required in the application or any additional informa- tion required in support of the application, the application will not be deemed complete. No action will be taken on an incomplete application. If the application remains in- complete for more than sixty (60) days, the application will be deemed withdrawn and no further action will be taken in regard to it. (Ord. 1870 § 2, (2012); Ord. 1869 § 3, (2012)) 2�.77.070 Application fee. The app(ication shall be accompanied by an application fee in an amoun[ necessary to recover the City's reason- able cost oEprocessing the application. The fee shall be set by resolution of the City Council and included in the City's master fee schedule. Failure to include the Pee with the application shalt render the application incomplete and no action will be taken on the application until the fee is paid. (Ord. I870 § 2, (2012); Ord. 1869 § 3, (2012)) 25.77.080 General requirements. (a) State or Federal Requirements. All wireless com- munication facilities shall meet or exceed current stan- dards and regulations of the FCC, the FAA, and any other agency of the state or federal govemment wi[h the author- ity to regulate wireless communication facilities. [f such standards and regulations are changed and are made appli- cable to existing facilities, the owners of the facilities gov- emzd by this chapter shall bring such facilities into com- pliance with such revised standards and regulations within six (6) months oFthe effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Fail- ure to bring wireless communication Eacilities into compli- ance 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. (b) Building Codes and Safety Standards. To ensure the structural integrity of wireless comrnunication facili- ties, the owner shall ensure that the facility is constructed and maintained in compliance with standards contained in applicable state or (ocal buildin� codes and the applicable standards that are published by the Electronic [ndustries Association, as amended from time to time. If, upon in- spection, the City concludes that a wireless communica- tion facility fails to comply with such codes and standards and constitutes a danger to persons or property, [hen upon notice being provided to the owner and the oppoRunity to be heard as afforded by the applicable building code, the owner shall have ninety (90) days to bring such facility into compliance with such standards. Failure to brin; such facility into compliance within said thiRy (30) days shall constitute grounds for the removal of the facility at the owner's expense, revocation of any permit or imposition of any other applicable penalty. (c) Location Preference Order. [n determining the location of proposed wireless communication facilities, applicants should use best efforts to comply with the loca- tion preFerence order outlined herein. If applicable, the applicant shall include an explanatioR of the reason that the proposed facilities cannot be deployed at a hijher- preference location. �Vireless communication facilities must be located where feasible in the following locations by descending priority: (1) Locations within Non-Residential Zoning Dis- tricts, which are more than five hundred (500) feet from Residential Zonin� Districts or the Burlingame Downtown Districts and which are not within the Burlingame Down- town Districts: (A) Completely enclosed �vithin existing, permitted buildings. (B) Located on electric power transmission towers. (C) Co-located on existing wireless communications facilities. (D) The roof of existin; structures (buildings; water tanks, e[c), designed to blend in with the building, camou- flaged or screened from the public right-of-way which constitutes a pedestrian travel corridor. (E) The side of existing structures (buildings, water tanks, etc.), designed to blend in with the buildin�, camou- flajed or screened from the public right-of-way which constitutes a pedestrian travel corridor. (F) CamouEla�ed stealth structure (a false tree, build- in�, artifice, etc). (G) Existing utility poles, with all ancillary equipmznt placed underground if feasible, camouflaged or screened. (H) Existing utility distribution poles and street lights. ([) Slim line monopole, with antennas in a canister at the same diameter as the pole. (!) Standard monopole �vi[h a[tached flush-mounted (not extendin� more than twenty-four (24) inches from the pole) antenna elements. �,, ._. (Burlingamz Supp. No. 20, 5-1?) 586-4 25.77.090 (2) Non-Residential Zoning Districts within five hun- dred (500) feet of Residential Zoning Districts or the Bur- lingame Downtown Districts, and the Burlingame Down- town Districts. (A) Integra[ed into non-residential uses (libraries, churches, temples, etc.) designed to blend in with open space (playing fields, parking lots, parks, etc.); hidden from pedestrian view by means of stealth design, stealth structures, architectural integration or screening. (B) Co-located on existing wireless communications facilities which are in compliance with the provision of this chapter. (C) In public right-of-way, within new light poles with interior stealth installations of cabling and antenna, and to the extent feasible, control equipment. (D) In public right-of-way, on existing u[ility or light poles, with all ancillary equipment either underground, if feasible, camouflajed, screened or paintzd to blend into the surrounding structure. (3) Residential Zoning Districts. (A) Integrated into non-residential uses (libraries, churches, temples, etc.) or designed to blend in with open space (playing fields, parking lots, parks, etc.); hidden from view by means of stealth design, stealth structures, architectural integration or screening. (B) Co-located in existing wireless communications facilities which are in compliance with the provisions of this chapter. (C) In public ri�ht-of-way, within new light poles with interior stealth installations ofcabling and antennae, and to the extent feasible, contro! equipment. (D) In public ri�ht-of-way, on existing utility or light poles, with all ancillary equipment either underground, if feasible, camouflaged, screened or painted to blend into the surrounding structure. (Ord. 1870 § 2, (2012); Ord. 1869 § 3, (2012)) 2�.77.090 Design criteria for wireless communications facilities. The goal oFthese regulations is to reduce to the greatest extent possible al I visual impacts resultin; from the instal- lation ofwireless communications facifities. Stealth desijn and stealth structures for these facilities shalf be consid- ered the normal standard for all wireless communications facilities. Non-stealth designs and structures shall not be approved without evidence, independently verified, that it is not possible (using best efforts by applicant) to steal[h such facilities. Applications shall be revie�ved to determine compliance with the follo�ving criteria. (f the applicant's proposed facility cannot comply wi[h the following critz- ria, the application shall include a detailed explanation of why it is not reasonably feasible to comply with the crite- ria. (a) Wireless communication facilities should be co- located where feasible and where the co-location does not create an adverse aesthetic impact due to such factors as increasing the bulk, the height or the amount of noise cre- ated by the proposed co-located facilities. (b) Wireless communication facilities should to the greatest extent feasible, not be located in Residential Zon- ing Districts. (c) Wireless communication facili[ies should be de- signed, located and constructed in a manner that minimizes visual and auditory impacts oEthe facilities. The wireless communication facilities shall blend into the surrounding environment and/or shall be architecturally integrated into a structure, considering the color, design and character oP the surrounding context (e.g., public ar[, clock towers, flagpoles, trees/vegetation, rocks, water tank, existing office/industrial buildings, and church steeples). Specifi- cally, the proposed facilities shall comply, to the greatest extent feasibfe, with the following: (() The facilities should be concealed, screened or camouElaged by the surrounding topo;raphy, vegetation, buildings, or other setting. (2) The facilities should be proportional in size rela- tive to surrounding and supporting structures and ability for co-location by other providers. (3) Roof-mounted facilities should be, out of view and screened; these facilities shall be set back at least one foot from the ed;e of the roof for every one foot of antenna height and shall not exceed ten (l0) feet in height above the roof surface. (4) Wall-mounted facilities should be compatible in scafe and desi�n with the building, shall be flush mounted, i.e., not extending from the face of the building more than nventy-four (24) inches and shall be painted and/or tex- tured to match the wall of the building. All cables and brackets, wires, shall also be hidden. (5) All facilities should be constructed of graffiti- resistant materials. (6) All concealin�, screening, painting, camouEla�in� and/or use of stealth desi;ns and stealth structures should be consistent with Section 2�.77.0 l0 (Purpose) includin�, but not limited to, promoting wholesome, attractive, har- monious and economic use of property, buildin� construc- tion, civic szrvice, activities and operations in conformity with and preserving the overall aesthetics of City nei;hborhoods including its character and its century old architectural traditions. (d) �Vhere applicable, appropriate landscapin� should be installed in and around the proposed wireless commu- nication facilities. SS6-5 (Burlingamz Supp. No. ?0, 5-12) 25.77. l00 (e) Any exterior lighting on the facilities should have a manual on/off switch and be contained on-site. (� Ground equipment of the facilities should be con- cealed, screened, camouflaged or hidden using stealth desi�n, stealth structures, underground installation or land- scaping and fencing. (g) Signage in, on or near any facilities should be prohibited with the exception of warning and informa- tional signs, which shall be designed with minimal aes- thetic impact. (h) Wireless communication facilities should be dis- couraged in areas subject to the City's hillside cons[ruction permit as desi;nated in Section 25.61.O10; if facilities cannot be avoided in the hillside areas, then visual impacts should be eliminated through stealth design, stealth struc- tures and landscaping. (i) Support wires for structures should be discour- aged. (j) The wireless communication facilities should be desi;ned to discourage unauthorized access. (Ord. 1870 § 2, (2012); Ord. 1869 § 3, (2012)) 25.77.100 Wireless Communications Facility Cuidelines. (a) By resolution, the City Council will provide Wire- less Communications Eacilities Guidelines which shall describe and provide pictorial examples of stealth designs for wireless communication facilities, preferred types of screenin;, landscaping and camouElaging, preferred loca- tions for ground-mounted, roof-mounted and side-mounted facilities and dimensions for height, setback and bulk. The Community Development Department will update the Guidelines for City Council approval periodically, but no less than once every two (2) years, in order to consider the inctusion of new technologies, innovations and current best examples which would further the goal of reducing the impacts of facilities. The Guidelines are examples of facilities which may comply with the design standards contained in this chapter. However, the design standards and the findin�s of the Planning Commission shall have precedence over the Guidelines. Because of the speed of technological chan�e and the time between updates of the City Guidelines, the applicant should understand that the Guidelines are intended to assist the applicant in choosing potentially prePerred designs, but are not intended to su;- gest that such examples will be approved or that such ex- amples are mandated. (b) The Guidelines document shall include photos and descriptions of: ( l) Monopoles that blend into surroundin� vegetation, minimize the lattice structure, and avoid guy wires, while still meetin� safety standards. (2) Facilities utilizing existing [owers or utili[y poles to extend wireless service area. When appropriately mounted on suitable utility poles, [he additional antenna facilities have an insignificant visual impact beyond that which the existin; structure presents. (3) Stealth structures and design features which ex- hibit uniform consistency in size, character and color to that of the surrounding environment (e.g., public art, foli- a;e, trees, buildings, rocks, church steeples or other struc- tures, including samples of size and coloring). (4) Ground-mounted, roof-mounted and side-mounted facilities with dimensions, and measurements for height, setback and bulk of'the facilities. (Ord. 1870 § 2, (2012); Ord. 1869 § 3, (2012)) 25.77.IL0 Conditional use permit—Notice of public hearing to property owners— Action by Planning Commission. (a) Notice of Public Hearing. Once the application and all suppoRing information and documentation has been received, notice of a public hearing before the Plan- ning Commission regarding the conditional use permit for wireless communications facilities shall be given accord- ing to the provision of Section 25.16.050. Notice shall be mailed to owners and occupants within three hundred (300) feet on either side of the boundary of the proposed wireless communication facility. [n addition to the information required by Section 2�.16.0�0, the following information shall also be pro- vided with the notice: ( l) Project description and site plan, as provided in the application. (2) Map of entire project as provided in the applica- tion. (3) Complete photo simulations �vhich accurately depict facilities as provided in the application. Applicant shall ensure that photo simulations do not rnislead resi- dents as to the aesthetic impacts of the facilities. More detailed information, includin;, but not limited to, elevations and altematives analysis, as provided in the application, shall be placed on the City's website and this information shall be referenced in the notice. (b) Notice Posted on Site. The notice of public hearine shall also be posted in a conspicuous location on or near the site of the proposed facilities. (c) Action by Plannin� Commission. On the time and date set for the public hearin�, the Planning Commission shall conduct the public hearing regardin� the application for conditional use permit for wireless communication facilities and shall take action pursuant to Burlingame Municipal Code Section 25.16.060. (Ord. 1870 § 2, (2012); Ord. 1869 § 3, (2012)) (Burlingamc Supp. No. 20, 5•12) 586-6 �- . _ � i zs.��. i2o 2�.77.120 Administrative use permit—Notice of project to property orvners— Action by Community Development Director. (a) Once the application and ail supporting informa- tion and documentation have been received, notice of the application for the proposed wireless communication fa- cilities shall be given according to the provision of Section 25.16.050. Notice shall be given to all property owners within three hundred (300) feet of any of the proposed faci(ities. In addition to the information required by Sec- tion 25.L6.050 to be included in the notice, the following information shall also be provided: (1) Project description and site plan as provided in the application. (2) Map which accurately and clearly depicts location of entire project as provided in the application. More detailed information, including, but not limited to, photo simulations, elevations and alternatives analysis, as provided in the application, shall be placed on the City's website and this information shall be referenced in the notice. The notice shall also state that, unless a written request for a public hearin� is received by the Community Devel- opment DepaRment within twen[y-one (2l) days af[er the date of the notice, the Community Development Director shall take action on the application and may either grant or deny the administrative use permit and may impose condi- tions as applicable. (b) Action.by Community Development Director. [f no written request fora public hearing regardin� the appli- cation for administrative use permit for the wireless com- munication facilities is received by the Community Devel- opment Department within twenty-one (2l) days of the date of the notice, the Communiry Development Director shall take action on the application and may either gran[ or deny the administrative use permit and may impose condi- tions as applicabfe. ffa written request fora public hearing is received, within twenty-one (21) days of the date of the notice, the Community Developmen[ Directorshall sched- ule the application for a public hearing before the Planning Commission in accordance with Section 2�.16.060. (Ord. 1870 § 2, (2012); Ord. 1869 � 3, (2012)) 2�.77.125 �Vireless facilities in public right-of- way—DP1V review. Review of an appf ication for a wireless communica[ion facilities use permi[ in the public ri�ht-of-�vay �vill be processed by the Community Development Department pursuant to the provisions of this chapter. [t is acknowl- edged tha[ the City's regulations oPutilities properly certi- fied by the State Public Utili[ies Commission and pro- posed for location in the public right-of-way must be im- posed in a manner consistent with Sections 7901 and 7901.1 of the Public Uti(ities Code. In reviewing the appli- cation for placement of facilities in the public right-of- way, the Director shall apply the design criteria of this chapter to determine, in a manner consistent with the Pub- lic Utilities Code, the appropriate restrictions for the pro- posed facilities. The application for facilities within the public right-of-way shall be referred to and reviewed by the Public Works Department to ensure that the proposed facilities will not interfere with, present a hazard to, or otherwise incommode the use of the right-of-way. A use permit issued by the City for the installation of wireless communication facilities in the public right-of-way shall also constitute an encroachment permit. (Ord. 1870 § 2, (2012); Ord. 1869 � 3, (2012)) 25.77.130 Conditions of approval. In approving a use permit pursuant to this chapter, the approving authority may impose conditions, not prohibited by applicable federal and state law, which are deemed necessary to ensure compliance with the provisions of this chapter, the provisions of the Burlin�ame Municipal Code and the provisions ofany other applicable laws and regula- tions. (Ord. 1870 § 2, (2012); Ord. 1869 § 3, (2012)) 2�.77.140 Post-approval requirements. To ensure that the wireless communication facilities continue to meet the requirements of this chapter, periodic post-installation verification shall be required. Failure to provide this information or to comply with these require- ments may be grounds for permit revocation. (a) Validation of Proper Operation. Within forty-five (4.i) days of commencement of the facilities operation, the applicant shall provide verification by independent quali- fied experts that the RF levels of the facilities compfy wi[h ECC regulations and with the City noise re;ulations. (b) Five (5) Year Review. The applicant shall report to the Ciry every five (5) years from the date of commence- men[ of the facilities operation, a revie�v of the condition of the facilities, of the facilities compliance with federaf and state regulations and of the facilities compliance with the provisions of this chapter and the conditions of ap- proval. The applicant shall also provide updatzd contact information for the owner and the appficant and verifiable confirmation information as to what carrier(s) are usinJ the facility. (c) Ciry Business License. The app(icant shall procure and maintain a City business license, contact information for the applicant, for the a�ent responsible for maintenance of the facilities and for emergency contact. 586-7 (Burlin�amz Supp. No. 20, �-12) 25.77.150 (d) Security Bond to Remove facili[y. 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 of the facility in the event that its use is aban- doned, its operation is ceased or the approval is termi- nated. (e) Maintenance. Maintenance and repairs to wireless communication facilities shall be permi[ted provided that such maintenance and repair does not enlarge or extend the facilities structure or equipment enclosures or change the number, type, dimensions, of the antznna or related equipment. All facilities shall be operated and maintained in compliance with the following requirements: (1) Where applicable and feasible, each wireless communication facilities site shall have a sign visible from a publicly accessible area, identifying the name, address, twenty-four (24) hour local or toll-free contact telephone number for both the applicant and the party responsib(e for maintenance oE the facility. Information shall be updated in the event oEany changes. (2) Current contact information of the person or entity responsible for maintainin' and repairing the facility shall be provided to and maintained by the Communiry Devel- opment Department. (3) Wireless communication facilities and sites shall be kept clean and free of grafEiti, litter and debris. Light- ing, fences, shields, cabinets, and poles, shall be main- tained in good repair and free of graffiti and other forms of vandalism, and any damage from any cause, includin� degradation from wind and weather, shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual bli;ht. 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. (4) Where applicable, the owner or provider of wire- less communication facilities sha(l be responsible for maintaining landscaping in accordance with the approved landscape plan and for replacin; any damaged or dead trees, foliage, or other landscapin� elements shown on the approved plan. A landscape performance and maintenance a;reement with the City may be required to ensure the installation and establishment of the landscapin�. Amend- ments or modifications to the landscape plan shall be sub- mitted to the Planning Director for approval. (5) To the greatest extent possible, wireless communi- cation faci(i[ies shall be operated in a manner that will minimize noise impacts to surrounding propeRies. (A) Except for emergency repairs, testin; and rnainte- nance 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 ivlonday throujh Friday, excludin� holidays. (B) Noise ori?inating from any equipment shall be mitigated to the extent necessary to ensure compliance with applicable noise limitations under the Burlingame Municipal Code. (C) Backup generators shall only be operated durin� periods of power outages or for testing during a set period. (Ord. 1870 § 2, (2012); Ord. 1869 � 3, (2012)) 2�.77.1�0 Term. A conditional or administrative use permit for wireless communication facilities shall be valid for ten ((0) years from the date of approval. (Ord. 1870 § 2, (2012); Ord. 1869 § 3, (2012)) 2�,77.160 Renewal. An applicant may renew a conditional or administrative use permit for wireless communication facilities pursuant to the provisions of this section. (a) At least one hundred t�venty ( l20) days prior to the expiration of the initial ten ( IO) year term, the applicant shall cornplete and submit a renewal application to the Community Development Director. The application shall be in the same form as the application for a new faciliry and shall contain and include the following information: (1) Name, address, phone number, email address of the owner of the proposed facility and of the applicant if different than owner; if proposed facility is to be in the right-of-way, a copy of the CPUC documentation grantin; right of owner to locate utility facilities in right-of-way. (2) Accurate photos and final construction drawings of all of the currently existing wireless communication facilities au[horized by the use permit which is the subject oEthe renewal application. (3) As applicable, supplement original application with current, updated information. (4) Information describing new technologies, stealth design and stealth structures which may be applied to modify the current wireless communications facilities and, if applicable, stated reasons for the failure to employ such new technology and design on the current facilities which are the subject of the renewal application. (b) Fee. The renewal application shall be accompanied by a fee designed to recover [he reasonable cost of proc- essing the application. Failure to include the fee with the renewal application shall render the application incomplete and no action will be taken on it until the fee is paid. (c) Notice. Notice of the renewal application For the existing wireless communication facilities shall be given according to the provision of Section 25.16.050. Notice shall be given to all propeRy o�vners within threz hundred (300) feet of the facilities. (d) Action by Community Development Director. �, �. _ �. ; (Burlin�amz Supp. No. 20, 5-I'1 SS6-g 25.77.165 (1) lfnowrittenrequestforapub(ichearingregarding the application for renewal of the conditional or adminis- trative use permit for the wireless communications facili- ties is received by the Community Development Depart- ment �vithin twenty-one (21) days of the date of the notice, the Community Development Director shall take action on the application pursuant to the design guidelines and crite- ria contained within this chapter and may either grant or deny the administrative use permit and may impose condi- tions as applicable. (2) If a writte� request for a pub(ic hearing is received within twenty-one (21) days of the date of the notice, the Community Development Director shall schedule the ap- plication for a public hearin; before the Planning Com- mission in accordance with Section 25.16.060. (3) If the Community Development Director cannot make the findinjs of this chapter based upon the renewal application and supporting materials, the Director may refer the application that othenvise would be subject to renewal as an administrative use pemut, for review and approval by the Plannin� Commission at a public hearin�. (e) Actioa by Planning Commission. On the time and date set for the public hearing, the Planning Commission shall conduct the public hearing regardin� the renewal application for conditional use permit for wireless com- munication facilities and shall take action pursuant to Bur- lin�ame 1�Iunicipal Code Section 2�.16.060. (Ord. IS70 5 2, (2012); Ord. 1869 y 3, (2012)) Z�.77.16� l�loditication. (a) If an owuer or applicant seeks to chan�e, alter, revise or add to the wireless communications facilities, the follo�ving shall apply: (1) If the facilities are modified in a"like for like" manner that results in a decrease of size of any component or an increase in size of any one component not to exceed twenty-five (25) percent of the base component size, a pernut under this chapter would not be required. If appli- cable, applicant shall obtain a building permit. (Z) If the facilities are modified in a manner resultin� in an increase of more than nventy-five (2�) percent of the size of any component of the facility when compared to the base component size, the applicant shall submit an application for the same permit which such facility would have required if it �vere a new facility, pursuant to Section 2� J7.060. (3) If the addition oFantennas or o[her equipment on the facility increases the visual (e.g., hei�ht, bulk) or audio impact of the facility, then the applicant shall submit an application for the same permit which such facility �vould have required if it �vere a new facility, pursuant to Section 2�.77.060. (4) If the addition or modification of ground-mounted equipment significantly changes the visual oraudio impact of the facility, the applicant shall submit an application for an administrative review by the Community Development Director to ensure compliance with existing conditions of approval. If the D'uector determines that the proposed modification does aot si,;nificantly comply �vith the exist- ing conditions of approval, the applicant shall submit an application for the same pemut which such facility would have required if it were a new facility, pursuant to Section 25.77.060. (b) "Base component size" as used in this section, means the smaller of the size of the originally approved component or of the size of the component as subsequently reduced pursuant to a previous modification. (c) Any pernut application required under Section 2�.77.165(a), whether for an administrative or a condi- tional use permit, shall be processed in the same manner and with the same requirements as an application for new facilities pursuant to Sections 25.77.070 to 2�.77.150. (Ord. 1870 § 2, (2012); Ord. 1869 § 3, (2012)) 25.77.165 �Vireless facility modification under 47 U.S.C. § 1455. (a) Norivithstandin� anythin; contrary in this chapter, any applicant for a pernut required by Section 2�.77.050 who believes that its application qualifies under Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. Section 1455) as imple- mented by 47 C.F.R. 1.40001 shall expressly request ap- proval under this section when s�:bmittin; its initial appl'.- cation and shall provide the City with such evidence as reasonably required by the City to demonstrate that its application qualifies for submittal under this section. Upon application submittal, the Community Development Direc- tor shall review the application to determine if it qualifies for submittal hereunder. The Community Development Director may require additional information from the ap- plicant as necessary to make this determination. No appli- cant requestinj approval under this section shall be re- quired to include the information required under Section 2�.77.060(a)(6) with its initial application but the applicant may be required to provide this information to complete its application if the Community Developrnent Director de- termines that the application does not qualify for submittal under this section and the section under �vhich the applica- tion does qualify requires such information to be submit- ted. (b) lf [he Community Developmeat Director deter- mines that an application qualifies under subszction (a), the Community Devzlopment Director shall process the application in a similar manner as an application for an 586-9 (Burlin,�me Supp. Na. 3�, 5-Ii) 25.77.170 adnunistrative use pernut under this chapter. If the applica- tion is approved, the Community Development Director shali issue an administrative use permit that indicates that the permit is granted pursuant to this section. Moreover, except as e;cpressly prohibited by federal law, the adminis- trative use permit shall be conditioned on compliance with all provisions of this chapter and other lawfully imposed conditions of approval. (c) This section shall be interpreted narro�vly to pre- serve City discretion over wireless communication facili- ties to the fullest extent permitted by applicable federal law. This section does not and shall not be construed to grant any rijhts beyond those granted by 47 U.S.C. Sec- tion 1455 as implemented by47 C.F.R. 1.40001, including subsequent changes adopted, enacted or imposed by the Federal Communications Commission, federal legislation and case law. (Ord. 1914 § 2, (2015)) 25.77.170 Cessation of operations. (a) Vacation. The service provider shall notify the Community Development Director of the intent to vacate a site at least thiriy (30) days prior to the vacation. (b) Cessation of Operations. If a wi.reless communica- tion facilities site is not operated for a continuous period of nvelve (12) months, the conditional or administrative use permit for that facility shall be deemed terniinated unless before the end of the t�velve (12) month period: (1) The Community Development Director has deter- mined that the same operator resumed operation; or (2) The City has received an application to transfer the permit to another service providzr. (c) No later than ninety (90) days from the date the facility is dztermined to have ceased operation or the Pro- vider 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 properiy on which the facilities are sitzd shall remove ali equipment and improvemeats associated with the use and shall restore the site to its original condition as required by the Com- munity Development Duector. 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 writ- ten verification of the removal of the facilities �vithin thirty (30) days of the date tbe removal is completed. (d) lf the facility is not removed within thirty (30) days after the permit has been discontinued pursuant to either subsection (a) or (b) of this section, the site shall be deemed to be a nuisance pursuant to Chapter 1.18 of the Burlin�ame Municipal Code, Nuisance Abatement, and the City may cause the fscility to be removed at the o�vn- ers' expense or by calling any bond or other financial as- surance to pay for removal. If there arz hvo (2) or more (Burlingame Supp. No. 33, 5-I�) ss6-io users of a single tower, then this provision shall apply to the abandoned antenna but not become effective for the tower until all users cease using the tower. The require- ment for removal of equipment in compliance with this section shall be included as a provision in any lease of private property for placement of wireless communication facilities. (Ord. 1370 § 2, (2012); Ord. 1869 § 3, (2012)) � 6URLINGAME � COMMUNITY DEVELOPMENT DEPARTMENT � 5O1 PRIMROSE ROAD • BURLINGAME, CA 94010 p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org APPLICATION TO THE PLANNING COMMISSION Type of application: ❑ Design Review ❑ Variance ❑ Parcel #: C� Conditional Use Permit ❑ Special Permit ❑ Zoning / Other: PROJECT ADDRESS: APPLICANT 1� d ', ac c.• -� -�-d 1 g oo �� 1( 5; cl c �r � V G PROPERTY OWNER Namel oAbby Reed Address: 24� Stocktnn �trePt, �r� Flnnr City/State/Zip: San Franr.isr.�, C:A 941 �fi Phone: �5� - �74 - 5�4� E-mail: ar�P��herk�le;r e.rJu ARCHITECT/DESIGNER Name: Mn�ius I I C: Address: 240 Stockton Street. 3rd Floor City/State/Zip: San Francisco. CA 94108 Phone: 209 - 938 - 7251 �� SEF 2 S 2p17 E-mail: khaynes � modLl�_corrzcom Burlingame Business License #: 3 Z 3� l CITY OF BURLINGAME CDD-�L�NNING DIV, Authorization to Reproduce Proiect Plans: I hereby grant the City of Burlingame the authority to reproduce upon request and/or post plans submitted with this application on the City's website as part of the Planning approval process and waive any claims against the City arising out of or related to such action. (Initials of Architect/Designer) PROJECT DESCRIPTION: Install a new telecommunication antenna and equipment boxes on an existing wood utility pole on G095 compliant standoff bracket. Installation consists of (1) KMW FLT-OM10H2 cylindrical antenna, (2) RRUs-32, (1) electrical meter (1) load center, (2) disconnect switches. AFFIDAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the best of my knowledge and b i f. Applicant's signature: Date: 9�28�2017 I am aware of the proposed application a hereby authorize the above applicant to submit this application to the Planning Commission. Property owner's signature: (see attached LOA) Date: Date submitted: � � 2$' (7 Naf1'1e: ,Jnint Pnla Acc�rj�tipn Address: 1800 Sutter St #830 City/State/Zip: C�nr.�rci, C:A 9452� Phone: A25 - ��i1 - �37� E-mail: S: � HANDOUTS� PC Applicatio n. doc NORTHERN CALIFORNIA JOINT POLE ASSOCIATION 1800 Sutter Street, Suite 830, Concord, California 94520 Telephone: 925-681-0378 Website: www.ncjpa.org Email: info(a�ncipa.com May 3, 2017 MaryAnne C. Baron Construction & Engineering - Mobility West 430 Bush St. San Francisco CA 94108 Cell: 415-350-2446 mary.anne.cruz@att.com NCJPA Membership Status — AT&T Mobility Dear Mary Anne, f��t1.U�� O't O i � _ O a fJ Y O '•�«,,..o ��1 V �� SEP 2 S 2017 CITY OF BURLINGANIE CDD-PIANNING DIU. This letter serves as confirmation that, as of the above letter date, AT&T Mobility is a Northern California Joint Pole Association member company in good standing. Please advise if I may be of additional assistance. Since ly, � Ti L. Simms Operations Manager Northern Califomia Joint Pole Association 925.681.0378 �� at&t November 30, 2017 AT&T Mobility T: 925-549-9671 5001 Executive Parkway, 4W650Y Mg387k@att.com San Ramon, CA 94598 LETTER OF AUTHORIZATION TO: City Permitting Authority RE: A&T Mobility APPLICATIONS FOR ZONING/BUILDING/DEPARTMENT OF PUBLIC WORKS PERMITS AND APPROVALS AT&T Mobility (aka New Cingular Wireless PCS, LLC) holds a valid Wireless Identification Registration, U-3060-C, with the California Public Utilities Commission and also has a state law franchise right to place Wireless Facilities in the Public Right of Way pursuant to Section 7901 of the California Public Utilities Code. New Cingular Wireless PCS, LLC d/b/a AT&T Mobility / ��:i1 . Name: Marc Grabisch Title: Sr Technical Proiect Manaqer Date: 9/28/17 ,--- � �}�� AT&T Mobility T: 925-549-9671 L 5001 Executive Parkway, 4W650Y Mg387k@att.com �-.-� San Ramon, CA 94598 ��I��D September 27, 2017 LETTER OF AUTHORIZATION SEP 2 8 2017 CtTY OF BURLINGAME TO: City of Burlingame CDD-PLANNING DIU. RE: APPLICATIONS FOR ZONING/BUILDING/DEPARTMENT PERMITS AND APPROVALS AT&T Mobility (aka New Cingular Wireless PCS, LLC) hereby appoints Modus, Inc. and it's employees, agents and contractors, authorization for submitting and completing applications/permits with the City of Burlingame and has authorization to sign all documents connected with the appl ications/perm its. New Cingular Wireless PCS, LLC d/b/a AT&T Mobility /� + By: Name: Marc Grabisch Title: Sr Technical Proiect Manager Date: 9/25/17 City of Burlingame • Community Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.burlinaame.orq 4, c� rr ~� � � � '� _ - `�� ,� �:. CITY OF BURLINGAME CONDITIONAL USE PERMIT APPLICATION ��V�� EP 2 8 2017 CITY OF BURLlNGAME CDD-PLANN!f�1G D�V. The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. Explain why the proposed use at the proposed location will not be detrimental or injurious to property or improvements in the vicinity or to public health, safety, general welfare or convenience. The proposed project is in compliance with all FCC standards (see attached EME report). The antennas will not be mounted on a building, and the lowest point of the antenna will be more than 10 meters off the ground. Consequently, normal ground-level exposure is much less than the exposure that might be encountered if one were very close to the antenna and in its main transmitted beam. Measurements made near typical cellular and PCS cell sites have shown that ground-level power densities are well below the exposure limits recommended by RF/ microwave safety standards used by the FCC. 2. How will fhe proposed use be located and condu�ted in accordance ►+vith the Burlingame General Plan and Zoning Ordinance? The project would be in compliance with Chapter 25.77 'Wireless Communications Facilities' and would paint all equipment installed on the wood pole to match the pole color (see attached photo-simulation). The project does not include any ground equipment in the PROW. The project would abide by all City requirements and processes to permit small cell 3. How will the proposed project be compafible with the aesthetics, mass, bulk and character of fhe existing and potential uses on adjoining properties in the general vicinity? As shown on the drawings, all signage and equipment installed on the existing wood poles will be painted to match the pole color. The project would not change the landscape of the area or expand the footprint of the existing wood pole. Rev 06.2007 Handouts\Conditional Use Permit App.doc � � ��"�� c� �� r�� ,� '� � a�. . �� :� � n�' f � y `"'� ''� ' � ��-+ �� Y � ' � � � � { , � � b_„ ,. ,,a.:� y..� k�� :� � � . ,.. � � � �.: �" a � � �_ � � � . �� January 17, 2018 Dear Neighbor, AT&T Mobility proposes to install a state-of-the-art wireless communication small cell node facility on an existing wood utility pole located within the public right-of-way adjacent to 1800 Hillside Drive, Burlingame. AT&T proposes to install one cylindrical antenna on top of the pole. The antenna will be approximately 2-feet long and 8-inches wide. AT&T also proposes to mount two small equipment boxes and a PG&E Power Meter on the existing wood utility pole. The two equipment boxes will be installed at about 18-feet and 14-feet high on the pole. Each box is about 26 inches long by 12 inches wide and 12-inches deep, aligning with the silhouette of the pole. The power meter will be installed at 9-feet high and will be 2-feet long, 12-inches wide, and 4-inches deep. All equipment will be painted to match the pole and its surroundings. This proposed small cell node is part of a greater network that will provide and enhance AT&T third and fourth generation (3G and 4G) wireless voice and data service to the surrounding area, improving wireless capabilities and public safety connectivity. Although experiences with wireless services vary based on specific location and usage times, the wireless service proposed by this facility will help meet existing, fluctuating and future demands. 1Nant to learn more? Please contact AT&T's representative Talin Aghazarian at (510) 206-1674 or TAghazarian@modus-corp.com within 10 days from when you receive this notice should you have any comments or questions about the proposal. Thank you, Sincerely, Angela Kung AT&T Director - External Affairs - - -- --- -- - -- -- - - _ ___ - - =�: - -- ' s - • �, - -- - _ _ - - ..:� .,.._ � _ � � _ - � + �, � j, � E i ` ,1,- - _ � �_ ` �, _ = � '. ,,• Y "p�:". .f' .. " ',,,rc � - � _.� . . I:... �_:.� _ '\ ' . „0 . ielaW �aiv�qd3c wullo8 ' � ��' CI . � �.��' �. • w .a ' ,h a r � . "„i �•�, jw -(_�• s.� . �. # � h ' � � _ , 'T � I "A'f �-fA ''.� ; y`• " •'�° �y . �.. '" � �e � r- . 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RR .-,� .. � ` ` i � ��'` � � " � � � � + r �--.r --_ - . • � . � �r 1� -. . � � •- • 240 Stockton Street : 3�d floor �� san francisco, ca 94108 t. 415.989.1 102 m o � u s �,�,�,.modus-corp.com � , , �. . � � i �. .�, � �,a.,. , a� �. � �;ia� -a �cj� �i�r'+ G� ✓�i'i� ��.n.�.,^��%�� L�.1�'�',JvJ?,!li.i�?, �I'�. Burlingame Study Session 3.12 Written Response 1. Provide a description of how this facility relates to the overall wireless network for the carrier(s) it is servicing as well as how this facility relates to other wireless facility projects in process of being constructed and/or planned in or near the City of Burlingame. (BMC Section 25.77.060 (a) (3)). Please see attached propagation map for the proposed node (attached). The propagation map shows the increase in coverage the proposed node will provide, compared to the current state of coverage. The proposed node is necessary in order to improve the capacity of the existing 4G LTE network. These nodes will be configured with a PCS band LTE carrier and a AWS band LTE carrier; this will improve the coverage of our primary capacity spectrum in the localized area. This means that the performance of the 4G LTE network will be substantially improved in the area of focus. This is especially impactful for those who rely on the AT&T network for broadband data services and who increasingly use their mobile phones as their primary communication device (landlines to residences have decreased significantly) and rely on their mobile phones to do more (E911, GPS, web access, text, etc.). The proposed site will assist with off-loading traffic from the macro sites (shown in the Burlingame node map) and provide substantial improvement in service to residents in the area that will allow them to fully experience the advantage of AT&T's high speed 4G LTE. The proposed nodes are Centralized Radio Access Network (CRAN) sites, that differ from Distributed Antenna Systems (DAS) because CRAN are lower powered and provide capacity rather than coverage. The CRAN sites would be used for offloading two macro sites in Burlingame (see attached map). The CRAN sites are strategically placed to improve the network and will be connected to each other with overhead fiber. 2. Include a description of how the proposed wireless communication facility fits into the individual service provider's network of existing and proposed wireless communication facility sites within a tentative two (2) year plan. (BMC Section 025.77.060 (a) (5)). AT&T will be proposing 9 additional site locations in Burlingame over the next two years. The nodes will likely be placed on City-owned assets, although the locations are still being finalized. The propagation map (attached) details precisely how the proposed 7 nodes fit into this plan, and details exactly where the nodes will be providing coverage. 3. Provide an explanation of the reason that the proposed facilities cannot be deployed at a higher-preference location. In determining the location of proposed wireless communication facilities, applicants should use best efforts to comply with the location preference order outlined in BMC Section 25.77.080: a. Non-Residential Zoning Districts which are more than 500 feet from Residential Zoning Districts or the Burlingame Downtown Districts. b. Non-Residential Zoning Districts within 500 feet from Residential Zoning Districts or the Burlingame Downtown Districts. c. Residential Zoning Districts. These CRAN sites have a maximum effective radius of 300 feet and therefore require the sites to be much closer together than the larger macro sites. These small cell facilities are not meant to increase the coverage area but to assist with unloading traffic from the macro site, which is why each site was carefully selected by AT&T's radio frequency engineer. Small cell facilities increase data speed and decrease the number of dropped calls. Because of this they are placed in specific locations of need, in order to service a targeted community. The target community for these sites are specific residential areas, intersections, and EI Camino Real, which can only be reached by these proposed node locations. The proposed project will utilize the least intrusive design for this type of wireless facility and the antenna will be painted to match the color of the existing wood pole. The facility will use RRUs- 32s that produce no sound, significantly below the 47 decibel limit in the "quietest residential zone" in Burlingame, and therefore will not disturb residents. 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O , . � - _ V r., �� Gc Ch �F. ��.� � � ` � �00 � ILI.S 10 � �1� �505 �E�2�1A�L ��E. a4' C� ¢ r. � a r�'�r � ��P� VP 4G LTE Service Indoor PCS Coverage Without CRAN_NODE-016 &017 (Near First Ba tist Church Nov 13, 2017 I. � 4 � � I t,,�- 4 ,,,.�, �. _ �_T .-., I : •.�ecn i I I �'!. � T � � �. a - . �r� � � �� ,� e r�� • �l�� '?; � . �y�tY ` � _ � � � . — y CF SJ G _ �C � I�.� - �� , r � � 9y �• r,� w�,''� �LV � .>� �}.M�' �� ,,y ".� "' "�y �}„ ° �t. -t., �... S �.. �',,,• V hSb � �t> � . . . . .. ..,.:. . � � ( �}'�jc� BRo�C�wA-Y �—�'j �- GA� M I tJ 4 tP.. G f� L. 4G LTE Service Indoor PCS Coverage With CRAN_NODE-016 &017 (Near First Ba tist Church Nov 13, 2017 , � � � ��,� - � � � " �� t �;;^+�. •� - �., r y �. i� . -".'h. — Ca_ � � , K j�,�`e•., t ir.r. t.er�ca •,�+�„ '° ��''t^r G - Y ' �;� .s` �� s � �� .�•„� � `'�. �'�•k� a'�Y�s N u. . �� . .. ._ _. . � � ��. �.�,,. ..� ��- ;.yo� �; � ;w,, � �'� .�.... R'� K -� F ' `nv, `1��,:. . g x �Y 0� l�m _ i ��. ..+2ilJ..tiiS e,.-..:•x� � �' � 0 � I'2t�f� 1�1.vR' Y ��—� E� C�M�Nc� �.r�4L � �� t��4.�,, �� -5 20�� ci�r o� 6��u��ic,;,ti�� '+�t`�-�'L'-�i"•��:!��C� l�i�'�. ... .. _ "' ' :'�fi��',...z��T:��:S� [". ��,:j��.:� . ��. . .. . . ' ._._. � - • " K..��- s�'ri ..___ . . �- .'_'_"".b.__.�:-_..�._x..<..G3..........-- «-..3.5.. CRAN Oakland Cluster - RF STATEMENT The proposed nodes are in City of Burlingame, CA and n�cessary in order to improve the capacity of the existing 4G LTE networic. These nodes will b� configured wi�h a PCS band LTE carrier and a AWS band LTE carri�r; this will irnprov�e th� coverage ot our primary capacity spectrum in the localized area. This mzans that the p�erformance of the 4� LTE n�twflrk will be substantially improved in the area oo focus. ihis is especially impactful for thase who rely on the ATT network for broadband data services and who increasin�ly use their mobile phones as their primary communicati�on d�vice (►andlines co residences have decreased significantly) and rely on their mobile phones to do more (E911, GPS, web access, text, et�.). The proposed sites will provide substantial improvernen't i� service to residents in th�e area 'ti�at will allow them to fully experience the advantag�2 of Ali's hsgh speed �G LTE ". �G LTE is capabl2 0� delivering spe�eds u� to 10 ti��s faster than industry-averag�e 3G spe�eds. LTE technology also offers lower la�ency, or the processing time ic takes to move data through a n�tv��ork, such as how long it takes to star� downloadBng a �v�ebp�ge or Tal�e once you've sent the request. Lower latency helps to improve the quality of personal wireless services. What's more, LTE uses spectrum more efficiently tFian other technologies, creating more space to carry data traffic and services and to d�eliver a better overa�l network experience. AT&T designs and buiids and expands its wireless network as necessary to satisfy its customer service standards, which ensure customers receive reliable high speed data. � ucv i a 2� ; � . ,o AT8�T Mobility • Proposed DAS Node (Site No. SFOK2-0'�4� �� v�� 1800 Hillside Drive • Burlingame, California SEP 2 g 2017 Statement of Hammett & Edison, Inc., Consulting Engine�y pF gURLINGADAE The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained�on- ti\e�ial"� �� AT&T Mobility, a personal wireless telecommunications carrier, to evaluate the addition of Node No. SFOK2-014 to be added to the AT&T distributed antenna system ("DAS") in Burlingame, California, for compliance with appropriate guidelines limiting human exposure to radio frequency ("RF") electromagnetic fields. Executive Summary AT&T proposes to install an omnidirectional antenna on a utility pole sited in the public right-of-way at 1800 Hillside Drive in Burlingame. The proposed operation will comply with the FCC guidelines limiting public exposure to RF energy. Prevailing Exposure Standards The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its actions for possible signifcant impact on the environment. A summary of the FCC's exposure limits is shown in Figure 1. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive FCC limit for exposures of unlimited duration to radio frequency energy for several personal wireless services are as follows: Wireless Service Frequencv Band Occupational Limit Public Limit Microwave (Point-to-Point) 5,000-80,000 MHz 5.00 mW/cm2 1.00 mW/cm2 BRS (Broadband Radio) 2,600 5.00 1.00 AWS (Advanced Wireless) 2,100 5.00 1.00 PCS (Personal Communication) 1,950 5.00 1.00 Cellular 870 2.90 0.58 SMR (Specialized Mobile Radio) 855 2.85 0.57 700 MHz 700 2.35 0.47 [most restrictive frequency range] 30-300 1.00 0.20 Power line frequencies (60 Hz) are well below the applicable range of these standards, and there is considered to be no compounding effect from simultaneous exposure to power line and radio frequency fields. General Facility Requirements Wireless nodes typically consist of two distinct parts: the electronic transceivers (also called "radios" or "channels") that are connected to a central "hub" (which in turn are connected to the traditional wired telephone lines), and the passive antenna(s) that send the wireless signals created by the radios out to be received by individual subscriber units. The radios are often located on the same pole as the HAMMETT & EDISON, INC. K CONSULTL�IG ENGINEERS Z4M3 _. _. SAN FRANCLSCO Page 1 of 3 AT�T Mobility • Proposed DAS Node (Site No. SFOK2-014) 1800 Hillside Drive • Burlingame, California antennas and are connected to the antennas by coaxial cables. Because of the short wavelength of the frequencies assigned by the FCC for wireless services, the antennas require line-of-sight paths for their signals to propagate well and so are installed at some height above ground. The antennas are designed to concentrate their energy toward the horizon, with very little energy wasted toward the sky or the ground. This means that it is generally not possible for exposure conditions to approach the maximum permissible exposure limits without being physically very near the antennas. Computer Modeling Method The FCC provides direction for determining compliance in its Office of Engineering and Technology Bulletin No. 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radio Frequency Radiation," dated August 1997. Figure 2 attached describes the calculation methodologies, reflecting the facts that a directional antenna's radiation pattern is not fully formed at locations very close by (the "near-field" effect) and that at greater distances the power level from an energy source decreases with the square of the distance from it (the "inverse square law"). The conservative nature of this method for evaluating exposure conditions has been verified by numerous field tests. Site and Facility Description Based upon information provided by AT&T, including drawings by Borges Architectural Group, Inc., dated August 25, 2017, it is proposed to install one KMW Model FLT-OM10H2, 2-foot tall, omnidirectional cylindrical antenna, on an extension above the top of the utility pole sited in the public right-of-way adjacent to the residence located at 1800 Hillside Drive in Burlingame. The antenna would employ 6° downtilt, and would be mounted at an effective height of about 45 feet above ground. The maximum effective radiated power in any direction would be 1,360 watts, representing simultaneous operation of 700 watts for AWS and 660 watts for PCS service. There are reported no other wireless telecommunications base stations at this site or nearby. Study Results For a person anywhere at ground, the maximum RF exposure level due to the proposed AT&T operation is calculated to be 0.0071 mW/cm2, which is 0.71 % of the applicable public exposure limit. The maximum calculated level at the second-floor elevation of any nearby building is 0.80% of the public exposure limit. It should be noted that these results include several "worst-case" assumptions and therefore are expected to overstate actual power density levels from the proposed operation. : � %�� HAMMETT & EDISON, INC. `l ' �- �� corrsu[.�ntvc Errc��s Z4M3 � 1l�; snivFxnrrccsco Page 2 of 3 AT8�T Mobility • Proposed DAS Node (Site No. SFOK2-014) 1800 Hillside Drive • Burlingame, California Recommended Mitigation Measures Due to its mounting location and height, the AT&T antenna would not be accessible to the general public, and so no mitigation measures are necessary to comply with the FCC public exposure guidelines. To prevent occupational exposures in excess of the FCC guidelines, it is recommended that appropriate RF safety training be provided to all authorized personnel who have access to the antenna. No access within 4 feet at the same height as the AT&T antenna, such as might occur during certain maintenance activities at the top of the pole, should be allowed while the node is in operation, unless other measures can be demonstrated to ensure that occupational protection requirements are met. It is recommended that an explanatory sign# be posted at the antenna and/or on the pole below the antenna, readily visible from any angle of approach to persons who might need to work within that distance. Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that operation of the node proposed by AT&T Mobility, at 1800 Hillside Drive in Burlingame, California, will comply with the prevailing standards for limiting public exposure to radio frequency energy and, therefore, will not for this reason cause a significant impact on the environment. The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for exposures of unlimited duration. This finding is consistent with measurements of actual exposure conditions taken at other operating nodes. Authorship The undersigned author of this statement is a qualified Professional Engineer, holding Califomia Registration No. E-18063, which expires on June 30, 2019. This work has been carried out under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. QROf ESSIpNq ��i.� P�P� MATy� �F , � � � � W No. E-18063 � Rajat Mathur, P.E. September 27, 2017 � Exp.s-so-zo�s * 707/996-5200 � `n�, F�FCTR\�P� ��Q 9rF OF CA�\F�� * Signs should comply with OET-65 color, symbol, and content recommendations. Contact information should be provided (e.g., a telephone number) to arrange for access to restricted areas. The selection of language(s) is not an engineering matter, and guidance from the landlord, local zoning or health authority, or appropriate professionals may be required. Signage may also need to comply with the requirements of California Public Utilities Commission General Order No. 95. HAMMETT & EDISON, INC. � CONSULTL�JG ENGINEERS Z4M3 __. �_.__. sArrFxnricrsco Page 3 of 3 FCC Radio Frequency Protection Guide The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent standard, developed by the Institute of Electrical and Electronics Engineers and approved as American National Standard ANSI/IEEE C95.1-2006, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes similar limits. These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. As shown in the table and chart below, separate limits apply for occupational and public exposure conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive: Frequenc,� Electroma�netic Fields (f is frequencv of emission in MHz) Applicable Electric Magnetic Equivalent Far-Field Range Field Strength Field Strength Power Density (MHz) (V/m) (A/m) (mW/cmZ) 0.3 — 1.34 1.34 — 3.0 3.0 — 30 30 — 300 300 — 1,500 1,500 — 100,000 614 614 1842/ f 61.4 3.54�f 137 614 823.8/f 823.8/f 27.5 1.59fj 61.4 1.63 1.63 4.89/ f 0.163 'ff/106 0.364 1. 63 1.19/f 2.19/f 0. 0729 �j/238 0.163 100 100 900/ f' 1.0 f/300 5.0 1000 / Occupational Exposure r. 100 r PCS 3 •� � 10 �� FM Cell F°., q � 1 �� 0.1 � �— — Public Exnosa�re 0.1 1 10 100 103 10� 10' 100 18%f� 180/ f 0.2 f/I500 1. 0 Frequency (MHz) Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher levels also are allowed for exposures to small areas, such that the spatially averaged levels do not exceed the limits. However, neither of these allowances is incorporated in the conservative calculation formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for projecting field levels. Hammett & Edison has built those formulas into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radio sources. The program allows for the description of buildings and uneven tenain, if required to obtain more accurate projections. - HAMMETT & EDISON, INC. � CONSULTING ENGIN-EERS FCC Guidelines ' s,�x Fa.�cvc�sco Figure 1 RFRCALCT"" Calculation Methodology Assessment by Calculation of Compliance with FCC Exposure Guidelines The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The maximurn permissible exposure limits adopted by the FCC (see Figure 1) apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits. Near Field. Prediction methods have been developed for the near field zone of panel (directional) and whip (omnidirectional) antennas, typical at wireless telecommunications base stations, as well as dish (aperture) antennas, typically used for microwave links. The antenna patterns are not fully formed in the near field at these antennas, and the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives suitable formulas for calculating power density within such zones. For a panel or whip antenna, power density S= 180 X 0.1 x P�ec mW 2� 6B�,,r ,rt x D x h' in /cm O.1x16Xr�xPnet and for an aperture antenna, maximum power density Sm� _ � x hz � in mW��2� where 6BW = half-power beamwidth of the antenna, in degrees, and Pnet = net power input to the antenna, in watts, D= distance from antenna, in meters, h= aperture height of the antenna, in meters, and � = aperture efficiency (unitless, typically 0.5-0.8). The factor of 0.1 in the numerators converts to the desired units of power density. Far Field. OET-65 gives this formula for calculating power density in the far fielii of an individual RF source: 2.56x1.64x100xRFF2 xERP power density S= , in mw/cm2, 4xatxD2 where ERP = total ERP (all polarizations), in kilowatts, RFF = relative field factor at the direction to the actual point of calculation, and D= distance from the center of radiation to the point of calculation, in meters. The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radiation sources. The program also allows for the description of uneven tenain in the vicinity, to obtain more accurate projections. HAMMETT & EDISON, INC. COIVSULTL�IG ENGINEERS Methodology SAN FR.4vCISCO Figure 2 � GITY � �� ' � i'Ihcir .� ��',��= � � o o � '>voww Project Address Description: From Project Comments - Planning Application 1800 Hillside Drive, zoned R-1, APN: 026-052-080 Request for Conditional Use Permit to install a new wireless facility and associated equipment on an existing utility pole within the right-of-way. Lisha Mai Engineering Please address the following comments at this time; provide a written response and revised plans with your resubmittal: Of the responses to 11/8/17 comments, the following require further attention. Please provide written response and revised plans: 1. Fiber installation, even if under a separate permit, is part of the system/network. Therefore, please provide preliminary route of any new fiber installation for the proposed network The following comments do not need Co be addressed now, but you should be aware of them as they will need to be addressed at time of building permit submittal. 1. Submit fiber routing plan based on proposal and where applicable, construction drawings for trenching and shoring. 2. Submit factory test documentation and specifications for the proposed new facility so that the technical parameters used in the safety report submitted can be verified. 3. A Special Encroachment Permit will be required for the proposed new wireless facility. 4. The contractor commissioned by the applicant to perform the work shall obtain all required permits, such as a construction Encroachment Permits, a Stormwater Pollution Prevention Permit, and/or Building Permits with the City of Burlingame. 5. Replace damaged and displaced curb, gutter and/or sidewalk fronting site per City standard details. 6. The applicant shall conduct a post-installation field test to confirm that the radio frequency (RF) exposure levels comply with FCC Rules and Regulations, shall submit the comprehensive report to the City, and if necessary, agree to promptly correct any noncompliance. 7. All units must be at least 7.0-feet clear and above the highest adjacent finished grade, no exceptions allowed. Reviewed By: Lisha Mai Date: 1/8/18 650-558-7239 ��, c i Tv o.o �� ; �� =�`1 �� ti�,� �'_ : 4...,�.a, Project Address: Description: Projecf Comments - Planning Application 1800 Hillside Drive, zoned R-1, APN: 026-052-080 Request for Conditional Use Permit to install a new wireless facility and associated equipment on an existing utility pole within the right-of-way. From: Lisha Mai Engineerinq Please address the following comments at this time; provide a written response and revised plans with your resubmittal: 4 5. 6. 7. . 10 Plans indicate only equipment on the existing pole. I do not see any other proposed above ground facilities related to this site. Is that correct? If not, revise plans to show all related aboveground facility, including but not limited to meter pedestals or service equipment. Is the proposed equipment designed to allow for more than one carrier? Provide a copy of the CPUC documentation granting right of owner to locate utility facilities in right-of- way. A clear written description of ALL proposed facilities, currently submitted and any planned, that includes the number of antennas, the location and length of fiber/cable, the location and dimensions of all related equipment (cabinets, generators, batteries, cooling, transmitters, hubs etc.); such written description shall provide how this facility relates to the overall wireless network for the carrier(s) it is servicing as well as how this facility relates to other wireless facility projects in process of being constructed and/or planned in or near the City of Burlingame. Will there be need to add guy wires and anchors to the existing pole due to the added equipment. Show all existing utility within 10-feet of proposed site. Where is power coming from? Will there be any trenching or construction work related to obtaining electricity? Is yes, at a minimum, include the following: a. Complete route of where power is coming from. b. Conduit size and construction method c. Show all existing utility and utility pipelines crossing and within 5-feet of alignment Will there be any fiber installation as part of this site and this proposed facility? Detail 17 of Sheet A-2 shows units hanging/encroaching into sidewalk area. Can the units to place on a different quadrants of the pole so that it does not hang/encroachment in sidewalk area? What is the dimension of the Fiber Distribution Panel and Electric Load Center combined, side by side, as proposed. The following comments do not need to be addressed now, but you should be aware of them as they will need to be addressed at time of building permit submittal. 1. Submit fiber routing plan based on proposal and where applicable, construction drawings for trenching and shoring. 2. Submit factory test documentation and specifications for the proposed new facility so that the technical parameters used in the safety report submitted can be verified. 3. A Special Encroachment Permit will be required for the proposed new wireless facility. 4. The contractor commissioned by the applicant to perform the work shall obtain all required permits, such as a construction Encroachment Permits, a Stormwater Pollution Prevention Permit, and/or Building Permits with the City of Burlingame. 5. Replace damaged and displaced curb, gutter and/or sidewalk fronting site per City standard details. 6. The applicant shall conduct a post-installation field test to confirm that the radio frequency (RF) exposure levels comply with FCC Rules and Regulations, shall submit the comprehensive report to the City, and if necessary, agree to promptly correct any noncompliance. 7. All units must be at least 7.0-feet clear and above the highest adjacent finished grade, no exceptions allowed. Reviewed By: Lisha Mai Date: November 3, 2017 650-558-7239 . CITY OF BURLINGAME � COMMUNITY DEVELOPMENT DEPARTMENT BURLINGAME 501 PRIMROSE ROAD ti>.;: BURLINGAME, CA 94010 �� . PH: (650) 558-7250 • FAX: (650) 696-3790 �:.- � , www.burlingame.org Site: RIGHT OF WAY ADJACENT TO 1800 HILLSIDE DRIVE The City of Buriingame Planning Commission announces the following public hearing on MONDAY, MARCH 12, 2018 at 7:00 P.M. in the (ity Hall (ouncil Chambers, 501 Primrase Raad, Burlingame, CA: Application for a Conditional Use Permit to install a new wireless facility (antenna and equipment) on an existing waod utility pole located within the right-of-way, ADJACENT TO 1800 HILLSIDE DRIVE. Zoned R-1. APN 026-052-080 Mailed: March 2, 2018 (Please refer to other side) PUBLIC HEARING NOTICE City of Burlin ame A copy of the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. William Meeker - Community Development Director (Please refer to other side) PUBLIC HEARING NOTICE � � �'� � � ��' , �� - 7i � � '�'� � � 0 '�- w:� ;,: /� �{ � t ' ♦ ,i�r '. � � �, ro. �= � F . � �t� *. � �'� ; � 'i I . � � fi �� -' �� • ♦ �' S�,_� �~ �-. �� :��•. � i� y �� x s�� ` y�_ . �' ��y �° �y �<I e �' : � �� " ` � �� !w: -. ,� ;4 - �` , ,� � � � .. � ,.� �; r � � �� , , � w , +� .,y • � ,s..� �� «� i �� J i °` .� � .� � ;,. - � � ; - , ,�' . i r' , �' �- '`�, e': �_ � . " � . : �y ' ' � rt � r �''� �- �---*- , '4 � ..,I,� /` �. � A '1► _ :u� ' � �� "". 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