Planning Commission
October 26, 2023
Proposal: AT&T OHLONE COLLEGE – 43600 Mission Boulevard – PLN2023-00261 - To consider a Conditional Use Permit to remove an existing eucalyptus tree and install an 80 -foot tall stealth wireless telecommunication facility designed to resemble a eucalyptus t ree (Monoeucalyptus) with an
associated 900 square-foot equipment enclosure on the Ohlone College campus in the Mission San Jose Community Plan Area; and to consider a categorical exemption from the California Environmental Quality Act (CEQA) per CEQA Guid elines Section 15303, New Construction or Conversion of Small Structures.
Recommendation: Approve, based on findings and subject to conditions.
Location: 43600 Mission Boulevard.
(APN: 513-0742-001-00)
Area: 900-square-foot lease area on a 65-acre lot People: AT&T Mobility c/o EPIC Wireless Group, Applicant Ashley Smith, Agent of Applicant
Ohlone Community College District, Property Owner
Spencer Shafsky, Staff Planner (510) 494-4452;
[email protected]
General Plan: Public Facility
Zoning: Public Facility, Historic Overlay District (HOD), Hillside Combining District (H-I)
EXECUTIVE SUMMARY
The applica nt, AT&T Mobility, is requesting 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 at 43600 Miss ion Boulevard. The project would include associated equipment to be installed within a new 900 square-foot equipment enclosure. The monoeucalyptus is proposed to be installed in a fully developed section of the Ohlone Community College campus at the rear c orner of an existing parking lot in the vicinity of a grove of large, mature eucalyptus trees.
Planning Commission Report (ID # 5019) Meeting of October 26, 2023 AT&T OHLONE COLLEGE PLN2023-00261 Page 2
Staff finds that the project is consistent with the General Plan and Zoning ordinance regulating wireless facilities. Staff recommends approval of the CUP as d epicted in Exhibit “A,” based on the findings and subject to the conditions of approval contained in Exhibit “B.
BACKGROUND AND PREVIOUS ACTIONS
The subject site is located within the Mission San Jose Historic Overlay District (HOD). Per Chapter 18.135.050 of the Fremont Municipal Code, new buildings, structures and signage within the HOD require review by the Historical Architectural Review Board (HARB) for compatibility with design guidelines of the HOD.
On September 7, 2023, a public hearing was conduct ed by HARB. The project was found to be complian t with the HOD Guidelines and the project was recommended by HARB for approval.
PROCEDURE FOR TONIGHT’S HEARING
At tonight’s hearing, the Planning Commission is being asked to consider the following:
1. A finding that the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures.
2. Approval of a Conditional Use Permit to allow the remo val of an existing eucalyptus tree and install ation of an 80 -foot tall stealth wireless telecommunication facility designed to resemble a eucalyptus tree ( “monoeucalyptus”) and associated equipment to be installed within a new 900 square -foot equipment enc losure located at 43600 Mission Boulevard.
PROJECT DESCRIPTION
The applicant proposes a CUP to allow the removal of an existing eucalyptus tree and the installation of an 80 -foot tall monopole designed to resemble a eucalyptus tree (referred to by the cellular industry as a monoeucalyptus) containing 9 antennas in three arrays of three antennas each, located within the top branches of the monoeucalyptus. The proposed monoeucalyptus and associated ground -based equipment would be located within a secured 900 square-foot leased area of the project site. The project site is located within the Ohlone Community College campus. The site is located adjacent to an existing parking lot approximately 1,000 feet to the east of Mission Boulevard and approximately 655 f eet to the south of Witherly Lane. The area is within afully developed section of the campus between the Administrative Services Offices and the Business and Technology building known as “Hyman Hall”. The wireless facility would be located in a landscaped area at the southeast rear portion of the parking lot. One existing mature eucalyptus tree would be removed and replaced with the monoeucalyptus in the same location.
PROJECT ANALYSIS
Federal Regulations Governing Telecommunication Facilities The Plann ing Commission’s consideration of the project is governed by both the City’s zoning regulations and the Federal Telecommunications Act. Under the City’s regulations, the project must be consistent with the General Plan and Zoning for the site and comply Planning Commission Report (ID # 5019) Meeting of October 26, 2023 AT&T OHLONE COLLEGE PLN2023-00261 Page 3
with the development standards for wireless facilities set forth in FMC Chapter 18.187 and Chapter Four of the Citywide Design Guidelines.
The Federal Communications Act limits the Commission’s consideration of the project under these local standards in tw o significant ways. First, federal law prohibits the City from conditioning or denying the project based on concerns stemming from the environmental effects of radio frequency (RF) emissions if the proposed facility complies with federal RF standards. Second, federal law prohibits the City from denying a project if: (a) the facility is necessary to fill a significant gap in the applicant’s wireless network; and (b) the facility is the least intrusive means of filling the service gap.
The applicant hired Waterford Consultant ’s to evaluate the RF emissions of the proposed antennas and determined that the proposed antennas would comply with federal RF standards (refer to Informational Item 1). The applicant’s coverage map (Refer to Informational Item 2) indica tes that the facility is necessary to maintain the existing coverage for the area, and that denying the facility would create a significant gap in service for the area. The application materials also indicate that the location and type of wireless facility is the least intrusive means of filling the service gap.
General Plan Conformance:
The existing General Plan land use designation for the project site is Public Facility. The proposed project is consistent with the existing General Plan land use designa tion, which is generally applied to non -open space parcels owned by utilities and public agencies and which permits utility uses. As a stealth designed monoeucalyptus, consistent with development standards for siting of Wireless Telecommunication Faciliti es, it is also consistent with policies found in the Community Character Element including preserving design compatibility in Historic Districts (Policy 4 -6.5) and maintaining visual quality along Scenic Corridors (Policy 4 -5.5) The following General Pla n Goals, Objectives and Policies are applicable to the proposed project:
PUBLIC FACILITIES GOAL 9 -1: Public Facilities and Services: A range of public facilities and services to meet the needs of Fremont residents.
Analysis: Telecommunication facilities ar e public utilities which provide communication systems to meet the needs of residents and businesses in Fremont. The telecommunication carriers serving Fremont have previously met with City staff to provide coverage information, and demonstrated that the s ubject area has coverage constraints. The proposed facility would improve coverage in the area.
In addition to meeting the needs of residents and businesses, the wireless telecommunications facility would benefit public safety by enabling emergency calls from wireless phones. As a stealth facility, it balances the public need for wireless telecommunication facilities with community character policies related to scenic corridors and within historic districts. The proper siting of the wireless facility, approximately 1,000 feet to the east of Mission Boulevard, would not be substantially visible from the Mission Boulevard corridor.
Zoning Conformance:
The subject property is zoned Public Facility (PF) and lies within the Mission San Jose Historic Overlay Di strict (HOD). Consistent with development standards for wireless telecommunication facilities, freestanding stealth monopoles are permitted in this zoning district with approval of a CUP.
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Design Analysis:
Architectural Design:
The applicant is proposing to construct the equipment enclosure and monoeucalyptus within an existing, developed portion of the Ohlone Community College campus. Consistent with Section 5.2 of the Mission San Jose HOD, Location and Screening of Mechanical Equipment, the equipment w ould be screened by the proposed enclosure , which includes a 6 -foot high chain-link fence with privacy slats , and would be located away from sidewalks and pedestrian activity.
The subject property is bounded on one side by Mission Boulevard, which is a loc al scenic corridor. The area of the site where the new monoeucalyptus will be located is approximately 1,000 feet to the east of Mission Boulevard, and the area contains clusters of large, mature eucalyptus trees. The proposed monoeucalyptus will be integ rated within this area and will appear similar in color, texture and density to that of natural eucalyptus trees already planted in the vicinity and, therefore, the new stealth monoeucalyptus would not cause a significant adverse affect on any existing vie ws to hillside scenic resources. The monopole is designed as a stealth monoeucalyptus and has no exposed metal surfaces or lighting, therefore it will not affect daytime or nighttime views. As noted in the HOD Design Guidelines, eucalyptus trees, some from the 1800s, are a characteristic landscape feature for the Mission San Jose plan area, thus the introduction of a stealth monoeucalyptus would be consistent with the existing landscape and historic context of this area.
Landscaping:
The project site is a largely developed site with pavement and buildings, and the proposed monoeucalyptus would be installed near the southeast corner of an existing parking lot, near an existing grove of large, mature eucalyptus trees, and has been designed to meet the HOD guidelines as it blends with the existing landscaping. One existing eucalyptus tree would be removed and the monoeucalyptus would be constructed in its place. The proposed monoeucalyptus conforms to the Mission San Jose HOD landscape design guidelines, Sectio n
11.3, which encourages using a type of tree that is similar or predominant to the landscaping of the area to promote continuity of the established landscape character. In keeping with the existing character of the site, no additional landscaping is propo sed.
Circulation:
The project site has direct, private access off Witherly Lane, and will not adversely affect traffic circulation for the site.
Grading & Drainage:
Minimal grading is proposed for the project and the proposed monoeucalyptus will not adversely affect the natural drainage of the site or water flow.
Context within Historic Overlay District (HOD)
Planning Commission Report (ID # 5019) Meeting of October 26, 2023 AT&T OHLONE COLLEGE PLN2023-00261 Page 5
Mission San Jose HOD Design Guidelines encourage landscaping that enhances existing trees and plantings and incorporating same or similar varieties of trees . The proposed monoeucalyptus is designed to appear as similar in nature to the existing eucalyptus trees in the area in color, texture and height and therefore is appropriate for the location and within the historic context of the site. The propos ed project maintains scenic views and is consistent with the intent of the Mission San Jose HOD Design Guidelines, which is to preserve the historic village character and picturesque quality of the area.
FINDINGS FOR APPROVAL
Pursuant to FMC Section 18.230.060, in order to approve the proposed project, the Planning Commission must make the following findings:
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 Public Facility land use designation.
b. The site is physically suitable for the type and density in 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 with existing mature eucalyptus trees which the proposed monoeucalyptus is designed to resemble.
c. The design, location, size, and operating characteristics of the p roposed 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.
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 w ith surrounding uses and will not create nuisances because of its location and provision of appropriate safety equipment. In addition, businesses, residents and first responders will benefit from the telecommunication facility.
CITY FEES
As the proposed p roject would not involve the construction of any new buildings, no development fees or affordable housing linkage fees would be due.
ENVIRONMENTAL REVIEW
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The proposed project would be exempt from the requirements of CEQA per CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures.
PUBLIC NOTICE AND COMMENT
Public hearing notification is applicable. A total of 243 notices were mailed to owners and occupants of property within 300 feet of the site. The notices to owners and occupan ts were mailed on October 12, 2023. A Public Hearing Notice was published by The Tri-City Voice on October 10, 2023.
RECOMMENDATION
1. Hold public hearing.
2. Find that the project is exempt from the requirements of the California Environmental Quality Act (C EQA) per CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures.
3. Find that the Conditional Use Permit is in conformance with the relevant provisions contained in the City’s General Plan. These provisions include the designations , goals and policies set forth in the Land Use and Community Character Elements of the General Plan as enumerated within the staff report.
4. Find that the project site is physically suitable for the proposed use as it is a fully developed site with mature eucalyptus trees.
5. Find that the proposed telecommunications facility would improve the wireless coverage for the area.
6. Find that the project’s design would not interfere with the use and enjoyment of adjacent development nor be detrimental to the public health, safety, or welfare.
7. Find that the project, as shown on Exhibit “A” (Project Plans), fulfills the applicable requirements as set forth in the Fremont Municipal Code and therefore may be allowed, subject to a Conditional Use Permit.
8. Approve Conditional Use Permit PLN2023 -00261 as shown on Exhibit “A”, based on the findings and subject to the conditions of approval set forth in Exhibit “B”.
ENCLOSURES
• Exhibit A - Project Plans
• Exhibit B Findings and Conditions of Approval
• Informational Item 1 - HARB Staff Report
• Informational Item 2 - Photosimulations