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Home My WebLink About1505 Bernal Avenue - Approval LetterDocuSign Envelope ID: D649328A-FC46-4D59-A134-559161A346E3 CITY OF BURLINGAME City Hall — 501 Primrose Road Burlingame, California 94010-3997 4; c^ �'t' ��'� ` i �� s `.Y COMMUNITY DEVELOPMENT DEPARTMENT Planning Division PH: (650) 558-7250 FAX: (650) 696-3790 May 8, 2020 Talin Aghazarian Director of Community and Public Affairs Modus Inc. 240 Stockton Street, 3�d Floor San Francisco, CA 94108 Re: Wireless Communication Facility in Right-of-Way Adjacent to 1505 Bernal Avenue Dear Ms. Aghazarian, Since there was no appeal to or suspension by the City Council, the April 27, 2020, Planning Commission approval of your application for a Conditional Use Permit became effective May 7, 2020. This application was to install a new wireless facility (antenna and equipment) on an existing wood utility pole located within the right-of-way adjacent to 1505 Bernal Avenue, zoned R-1. The April 27, 2020, minutes of the Planning Commission state your application was approved with the following conditions: that the conditional use permit to install a new small cell wireless communication facility on an existing PG&E wood utility pole, located within the right-of-way adjacent to 1505 Bernal Avenue, consisting of a cylindrical antenna, extension on top of the utility pole, one smartpole meter, two radio remote units, two twin diplexers, one ground bar, and one electric load center, shall be valid for ten (10) years from the date of approval. At least one hundred twenty (120) days prior to the expiration of the initial ten (10) year term, the applicant shall complete and submit a renewal application to the Community Development Director; 2. that the project shall be built as shown on the plans submitted to the Planning Division date stamped April 18, 2019, sheets T-1, GN-1, A-1 through A-4.2, E-1 and E-2; 3. that prior to commencing any work at the site, the contractor commissioned by the applicant to perform the work shall obtain all required permits, such as a construction Encroachment Permit and Stormwater Pollution Prevention Permit from the Department of Public Works — Engineering Division; 4. that all units must be at least seven (7) feet clear and above the highest adjacent finished grade, no exceptions shall be allowed; 5. that the wireless communication facility shall provisions of Chapter 25.77 of the Burlingame where any conflicts exist between the applicable the more restrictive provision shall apply; operate in conformance with all applicable Municipal Code (Wireless Communications); provisions of that chapter and this approval, �� Register online to receive City of Burlingame e-mail updates at www.burlingame.org �� DocuSign Envelope ID: D649328A-FC46-4D59-A134-559161A346E3 May 8, 2020 Wireless Communication Facility in Right-of-Way Adjacent to 1505 Bernal Avenue Page 2 6. that the facility shall meet or exceed current standards and regulations of the FCC, the FAA, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. If such standards and regulations are changed and are made applicable to existing facilities, the owners of the facilities governed by this chapter shall bring such facilities into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring the facility into compliance with such revised standards and regulations shall constitute grounds for the removal of the facilities at the owner's expense, revocation of any permit or imposition of any other applicable penalty; 7. that the facility shall be constructed of graffiti-resistant materials and shall be painted with non- reflective material consistent with the color scheme on the utility pole; 8. that signage in, on or near the facility shall be prohibited with the exception of warning and informational signs, which shall be designed with minimal aesthetic impact; 9. that within forty-five (45) days of commencement of the facility operation, the applicant shall conduct a post-installation field test to confirm that the radio frequency (RF) exposure levels comply with FCC Rules and Regulations and with City noise regulations, shall submit the comprehensive report to the City, and if necessary, agree to promptly correct any noncompliance; 10. that the applicant shall report to the City every five (5) years from the date of commencement of the facility operation, a review of the condition of the facility, of the facility's compliance with federal and state regulations and of the facility's compliance with the provisions of this chapter and the conditions of approval. The applicant shall also provide updated contact information for the owner and the applicant and verifiable confirmation information as to what carrier(s) are using the facility; 11. that the applicant shall procure and maintain a City business license, contact information for the applicant, for the agent responsible for maintenance of the facility and for emergency contact; 12. that the applicant shall either secure a bond, letter of credit or other similar financial assurance, in a form acceptable to the City, for the removal of the facility in the event that its use is abandoned, its operation is ceased or the approval is terminated; 13. that maintenance and repairs to facility shall be permitted provided that such maintenance and repair does not enlarge or extend the facility structure or equipment enclosures or change the number, type, dimensions, of the antenna or related equipment; 14. that if the applicant intends to substitute the equipment installed pursuant to this permit with subsequently-developed technology, such as "5G" equipment, the applicant or responsible party shall provide sixty (60) days prior notice to the City and secure any necessary permits before commencing such work; �� Register online to receive City of Burlingame e-mail updates at www.burlingame.org �� DocuSign Envelope ID: D649328A-FC46-4D59-A134-559161A346E3 May 8, 2020 Wireless Communication Facility in Right-of-Way Adjacent to 1505 Bernal Avenue Page 3 15. that current contact information of the person or entity responsible for maintaining and repairing the facility shall be provided to and maintained by the Community Development Department; 16. that the facility shall be kept clean and free of graffiti, litter and debris. Lighting, walls, fences, shields, cabinets, and poles, shall be maintained in good repair and free of graffiti and other forms of vandalism, and any damage from any cause, including degradation from wind and weather, shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility as soon as practicable, and in no instance more than two (2) business days from the time of notification by any person or entity; 17. that except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, excluding holidays; 18. that the service provider shall notify the Community Development Director of the intent to vacate a site at least thirty (30) days prior to the vacation; 19. that if the facility site is not operated for a continuous period of twelve (12) months, the Conditional Use Permit shall be deemed terminated unless before the end of the twelve (12) month period: (1) The Community Development Director has determined that the same operator resumed operation; or (2) The City has received an application to transfer the permit to another service provider. 20. that no later than ninety (90) days from the date the facility is determined to have ceased operation or the Provider has notified the Community Development Director of the intent to vacate the site, the owner of the wireless communication facilities or the owner of the property on which the facility is sited shall remove all equipment and improvements associated with the use and shall restore the site to its original condition as required by the Community Development Director. The provider or owner may use any bond or other assurances provided by the operator to do so. The owner or his or her agent shall provide written verification of the removal of the facility within thirty (30) days of the date the removal is completed. All site improvements and construction work will require separate application to the Department of Public Works — Engineering Division. This approval is valid for one year during which time a permit must be issued. An extension of up to one year may be considered by the Planning Commission if application is made before the end of the first year. The decision of the Council is a final administrative decision pursuant to Code of Civil Procedure Section 1094.6. If you wish to challenge the decision in a court of competent jurisdiction, you must do so within 90 days of the date of the decision unless a shorter time is required pursuant to state or federal law. �� Register online to receive City of Burlingame e-mail updates at www.burlingame.org �� DocuSign Envelope ID: D649328A-FC46-4D59-A134-559161A346E3 May 8, 2020 Wireless Communication Facility in Right-of-Way Adjacent to 1505 Bernal Avenue Page 4 Sincerely, DocuSigned by: �.t�.i�n, Ga��,i�n.c,v� 28D6423C2E8B49F... Kevin Gardiner Community Development Director c. Tina L. Simmons, Operations Manager, Northern California Joint Pole Association File �� Register online to receive City of Burlingame e-mail updates at www.burlingame.org ��