Resolution 2024-XX Page 1 of 3 DRAFT
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
DENYING AN APPEAL AND APPROVING A CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023 -00261) AND
MAKING FINDINGS OF CEQA EXEMPTION
WHEREAS, AT&T Mobility applied for a Conditional Use Permit (CUP) to remove an existing eucalyptus tree and install an 80-foot tall stealth wireless telecommunication facility designed to resemble a eucalyptus tree (monoeucalyptus) in its place and an associated equipment enclosure on the Ohlone College Campus at 43600 Mission Boulevard; and
WHEREAS, on September 7, 2023, the Historical Architectural Review Board (HARB) held a public hearing, found that the project is compliant with the Mission San Jose HOD Guidelines, and recommended approval; and
WHEREAS, on October 26, 2023, the Planning Commission held a public hearing and found the project to be consistent with the General Plan, FMC Chapter 18.187 and Chapter Four of the Citywide Design Guidelines and approved said project; and WHEREAS, an appeal was filed on November 3, 2023, to City Council challenging Planning Commission’s approval of the project; and
WHEREAS, on February 13, 2024, the City Council held a duly noticed public hearing, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice was given in all respects as required by law; and WHEREAS, the City Council heard and considered all said reports, recommendations, and testimony, and used its independent judgement to evaluate the project and the appellants grounds for the appeal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. Findings. The City Council makes the following findings:
A. The project is in conformance with FMC Chapter 18.187, Wireless Facilities, Chapter Four of the Citywide Design Guidelines, and has been shown to be in compliance with the federal guidelines relating to RF exposure based on the applicant’s RF Exposure Report attached as Informational Enclosure 6.
B. The proposed use is consistent with the General Plan and any applicable community plan as such facilities are a permitted use within the site’s Public Facility land use designation.
Resolution 2024-XX Page 2 of 3
C. The site is physically suitable for the type and density or intensity, as applicable, of the proposed use as it is a fully developed site that features existing mature eucalyptus trees which the proposed monoeucalyptus is designed to resemble.
D. The design, location, size and operating characteristics of the proposed use are compatible with proposed development in the vicinity and in the zoning district as the project complies and is consistent with FMC Chapter 18.187 – Wireless Facilities, as well as Chapter Four of the Citywide Design Guidelines and complies with these requirements, including, without limitation, setback, height, stealth design, and as the least intrusive means for filling a gap in wireless coverage.
E. The proposed use would not be a detriment to the public health, safety, or welfare of persons or public property in the vicinity or the zoning district in which the use would be located as the wireless facility is compatible with surrounding uses and will not create nuisances because of its location and the project will comply with federal requirements for RF emissions.
F. Radio Frequency (RF) exposure is excluded from the purview of the City Council as the proposed use complies with federally mandated requirements.
SECTION 2. Appeal Denial. The City Council denies the Appeal challenging the Planning Commission’s approval of PLN2023-00261, based on the findings and subject to the conditions of approval attached as Exhibit B to the February 13, 2024 staff report.
SECTION 3. CEQA. The City Council finds that the project is exempt from the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, which allows construction of limited numbers of new facilities or structures (such as a single-family residence, small commercial building, or accessory structure) as well as the installation of small new equipment and facilities in small structures and CEQA Guidelines Section 15183, as the project is consistent with the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified. Each of the foregoing provides a separate and independent basis for CEQA compliance.
SECTION 4. Findings and Conditions of Approval. The City adopts the Findings and Conditions of Approval contained within the staff report for PLN2023-00261, attached as Exhibit B, and approves Conditional Use Permit PLN2023-00261.
SECTION 5. Effective Date. The resolution shall be effective upon adoption.
ADOPTED ___________________, 2024, by the City Council of the City of Fremont by the following vote:
AYES:
Resolution 2024-XX Page 3 of 3 NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney