Exhibit “B”
Findings and Conditions of Approval for PLN2023-00261 Conditional Use Permit 43600 Mission Boulevard (APN 513 074200100)
FINDINGS:
The subject appeal hearing is considered de novo. In order to approve the proposed CUP, the City Council must make the following findings pursuant to FMC Section 18.230.060:
a. The proposed use is consistent with the General Plan and any applicable community or specific plan.
Analysis: The proposed wireless telecommunication facility is consistent with the General Plan because such facilities are a permitted use within the site’s Public Facility land use designation.
b. The site is physically suitable for the type and density or intensity, as applicable, of the proposed use.
Analysis: The project site is physically suitable for the proposed use as it is a fully developed site that features existing mature eucalyptus trees which the proposed monoeucalyptus is designed to resemble.
c. The design, location, size, and operating characteristics of the proposed use are compatible with proposed development in the vicinity and in the zoning district.
Analysis: The proposed wireless telecommunications facility would improve the carrier’s existing wireless coverage for the area. The height of the antennas is the minimum height required to achieve the coverage area, and the facility is designed to accommodate one additional carrier. The project complies and is consistent with FMC Chapter 18.187 — Wireless Facilities, as well as Chapter Four of the Fremont Citywide Design Guidelines, which contain the requirements established for wireless telecommunication facilities. The proposed project complies with these requirements, including, without limitation, setback, height, stealth design, and as the least intrusive means for filling a gap in wireless coverage. d. The proposed use would not be detrimental 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.
Analysis: The project will be located on a stealth monopole designed to resemble a mature eucalyptus tree, which is an established feature of the project site. The wireless facility is compatible with surrounding uses and will not create nuisances because of its location and the provision of appropriate safety equipment. In addition, businesses, residents and first responders will benefit from the telecommunication facility. The project will comply with federal requirements for RF emissions.
CONDITIONS OF APPROVAL:
General Conditions
PLN2024-00068 Page 2 of 4
A-1. Conformance to Approved Plans and Exhibits. The project shall substantially conform to Exhibit “A” (Development Plans) and all conditions of approval set forth herein.
A-2. Allowable Uses. The proposed principal and its accessory uses are allowed:
An 80-foot-tall stealth monopole designed to resemble a eucalyptus tree consisting of nine panel antennas in three arrays of three antennas each and associated equipment within a proposed 900 square-foot enclosure.
A-3. Building Permit Approvals. The applicant shall submit plans to the Community Development Department for building permit review and approval to ensure conformance with the requirements herein, as well as with all relevant codes, policies, and other requirements of the Fremont Municipal Code (“FMC”), State and federal laws prior to the commencement of any grading or construction-related activities.
A-4. Standard Development Requirements. Pursuant to FMC Section 18.218.040, as amended, the project shall be subject to all applicable standard development requirements to address resource protection, identified in FMC Chapter 18.218. The Standard Development Requirements provided in FMC Section 18.218.050 must be printed, in whole, on the Construction Plans for this project, prior to approval of a building permit, and must be implemented before and during project construction activities.
A-5. Minor Modifications to Approved Plans. Minor modifications to the site design may be made, subject to review and approval of the Planning Manager. The Planning Manager shall retain the authority to determine the level of review required (i.e., depending on the severity or location of the modification, the project may be referred to the Planning Commission or City Council for public comment, review and approval). Notwithstanding the foregoing, modifications involving the collocation, removal or replacement of transmission equipment as specified in 47 U.S.C. 1455 shall not require the approval of the Planning Manager or Planning Commission, and no permit shall be required for routine maintenance of the facility other than a building permit and/or encroachment permit, if applicable.
A-6. Screening. All ground mounted equipment shall be screened through walls, fencing and/or landscaping so that they are not visually obtrusive. Prior to issuance of a building permit, the developer shall submit plans for review and approval that shows the screening of ground mounted equipment to the satisfaction of the Planning Manager. Open fencing such as chain link with slats is not acceptable screening on its own.
A-7. Maintenance. The applicant shall maintain the wireless telecommunication facility in good condition and shall agree to reasonable repairs and replacements of equipment, stealth and structural components, due to damage caused by outdoor exposure and/or inclement weather. Under this condition, if the exterior of the equipment shelter fades in color due to outdoor exposure, the applicant shall replace such components within 90 days of written notice by the Planning Manager. If the work cannot be completed within 90 days, the applicant shall provide the City with a bond in the amount of the valuation of the requested repair and completion timeline to guarantee the work.
A-8. Signage. The applicant shall provide signage as required by the FCC, including phone numbers of the utility providers for use in case of an emergency. The signs shall be posted at the communications equipment/structure. The identification signs shall have a background color of matte-finish gray color, with the design and color subject to staff review and approval at the time of building permit review. Antennas or mountings shall not be used for advertising.
PLN2024-00068 Page 3 of 4
A-9. Time Limits on Approvals. Unless conditions of approval establish a different time limit, any discretionary zoning approval granted pursuant to this title shall expire within 24 months following the date on which the permit was approved if not enacted upon except where an extension of time is approved in compliance with Section 18.330.030(b).
A-10. Conditional Use Permit. A conditional use permit to allow a wireless facility shall expire 10 years from the date of approval. The applicant may request a 10 -year extension which shall be reviewed by the Planning Commission at a public hearing.
A-11. Code Compliance. The project shall comply at all times with the developme nt standards of FMC 18.187, Chapter Four of the Citywide Design Guidelines and the standards of the Federal Communications Commission pertaining to radio frequency emissions.
A-12. Transfer of Interest. Upon transfer of an approved wireless facility or any righ ts under the applicable permit or approval, the permittee of the facility must within 30 days of such transfer provide written notification to the Zoning Administrator of the date of the transfer and the identity of the transferee. The Zoning Administrator may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to, statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the City, FCC, and CPUC. The permittee and any successor in interest to the approved wireless facility shall be required to adhere to all conditions of approval.
A-13. Cessation of Operations. The applicant shall provide written notification to the Planning Manager upon cessation of operations of a wireless facility on a site. The applicant shall remove all obsolete or unused facilities from the s ite within six months of termination of its lease, cessation of operations, or expiration of the permit. No exposed mounting apparatus shall remain without associated antennas. The Planning Manager shall verify that the use of the site has ceased for a per iod of 12 consecutive months. Should the provider fail to effect such removal, the property owner shall be responsible for the removal of the equipment. A new permit shall be required if the site is to be used again for the same purpose as permitted under the original permit, if a consecutive period of 12 months has lapsed since cessation of operations.
A-14. Bond for Removal. Prior to erecting a monopole, or prior to renewing a use permit for an existing monopole, the applicant shall provide a bond or other financial guarantee, satisfactory to the City Attorney, for the removal of the facility, in the event that its use is aba ndoned or its use permit expires or is terminated. If the applicant has more than one monopole in the City, the amount of the bond or guarantee per monopole may be reduced if the applicant submits a lease agreement that requires removal of the unused monopole.
A-15. Future Modifications. Plans for any future modifications to the site shall be submitted to the Planning and Building Divisions for review to ensure conformance with relevant codes, policies, and other requirements of the Fremont Municipal Code.
A-16. City Indemnification. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees (collectively “City”) from any claim, action or proceeding against the City to attack, set aside, void, or annul, the approval of the project. The City shall promptly notify the applicant of any such claim, action or proceeding and shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney’s fees and costs, and the City defends the action in good faith.
PLN2024-00068 Page 4 of 4
A-17. Revocation. This Conditional Use Permit may be revoked or modified by the Planning Commission, or by the City Council if it originally took final action on the permit, if any one of the following findings can be made:
a. The permit was obtained by misrepresentation or fraud; b. The terms or conditions of approval of the permit have not been met; c. The improvement, use, or activity authorized by the permit is in violation of any statute, ordinance, law, or regulation or constitutes a nuisance; or d. The owner or occupant of the property is conducting the use or any associated or other use of the property in violation of any statute, ordinance, law, or regulation or in a manner that constitutes a nuisance.
If any FCC, CPUC or other required license or approval to provide commun ication services is ever revoked, the applicant shall inform the City of the revocation within 10 days of receiving notice of such revocation
END OF CONDITIONS