T-Mobile West LLC - Commission LetterCertified Mail Tracking Number 7015 1730 0001 0096 9506
April 11, 2016
Anna Hom
Consumer Protection and Safety Division
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, CA 94102
T- Mobile West LLC
1855 Gateway Boulevard, 9th Floor
Concord, CA 94520
RE: T- Mobile West LLC, formerly known as T- Mobile West Corporation
Notification Letter for T- Mobile Site No. SF04836A: SF836 South Gilroy
This letter provides the Commission with notice pursuant to the provisions of General Order No. 159A of
the Public Utilities Commission of the State of California (CPUC) that with regard to the project
described in Attachment A:
® (a) T- Mobile has obtained all requisite land use approval for the project described in Attachment A.
❑ (b) No land use approval is required because
A copy of this notification letter is being sent to the local government agency identified below for its
information. Should the Commission or the local government agency have any questions regarding this
project, or if anyone disagrees with the information contained herein, please contact Garry Willey, Senior
Manager, Engineering Development for T- Mobile, at 925 -521 -5941, or contact Ms. Anna Hom of the
CPUC Consumer Protection and Safety Division at 415 -703 -2699.
Sincerely,
0/4
Garry Willey
Senior Manager, Engineering Development
T- MOBILE WEST LLC
Enclosed: Attachment A
CC:
City of Gilroy, Shawna Freels, City Clerk, 7351 Rosanna St., Gilroy, CA 95020
City of Gilroy, Gabriel Gonzalez, City Administrator, 7351 Rosanna St., Gilroy, CA 95020
City of Gilroy, Rebecca Tolentino, Interim Planning Manager, 7351 Rosanna St., Gilroy, CA 95020
T- Mobile West LLC, formerly known as T- Mobile West Corporation AD -13 -950 (AD)
Notification Letter for T- Mobile Site No. SF04836A: SF836 South Gilroy
Page 2 of 2
ATTACHMENT A
1. Project Location
Site Identification Number:
SF04836A
Site Name:
SF836 South Gilroy
Site Address:
6700 Brem Ln.
Gilroy, CA 95020
County:
Santa Clara
Assessor's Parcel Number:
841 -67 -021
Latitude:
N 36' 59' 53.13"
Longitude:
W 121'33' 17.94"
2. Proiect Description
Number of Antennas to be installed: 3 panel antennas
Building Design: Existing Rooftop Mount
Building Appearance: Install (3) 8 -ft. panel antennas adjacent to existing panel
antennas with (3) new RRU's mounted behind new
antennas. (1 per sector)
Building Height: 18' 8.0" AGL RAD Center, 35' 0.0" top of antennas
Size of Building: N/A
3. Business Addresses of all Governmental Agencies
City of Gilroy, Shawna Freels, City Clerk, 7351 Rosanna St., Gilroy, CA 95020
City of Gilroy, Gabriel Gonzalez, City Administrator, 7351 Rosanna St., Gilroy, CA 95020
City of Gilroy, Rebecca Tolentino, Interim Planning Manager, 7351 Rosanna St., Gilroy, CA 95020
4. Land Use Approvals
Date Zoning Approval Issued:
Land Use Permit #:
April 7, 2016
AS 15-45 (#15120047), see attached
If Land use Approval was not required: N/A
April 6, 2016
Community Development Kristi A. Abrams
Department D1RECTQR.
7351 Rosanna Street, Gilroy, California 95020 -6197
Telephone: (408) 846 -0451 Fax: (408) 846 -0429
http://www.citvofciilroy.org
Modus, Inc.
Attn: Jenny Wun, Land Use Planner
149 Natoma St. 3`d Floor
San Francisco, CA 94105
SUBJECT: Architectural and Site Review Permit AS 15 -45 ( #15120047)
6700 Brem Lane, T- Mobile Wireless Modification
Dear Ms. Wun:
Thank you for the above - referenced request, received on December 30, .2015. Your
request has been considered and analyzed by staff, as follows:
Request: The applicant and representative for T- Mobile are requesting to modify
equipment at an existing wireless telecommunications facility located at 6700 Brem
Lane. The existing antenna structure and associated existing and proposed equipment
are silver in color. The proposed modifications to this facility include:
• Installation of three (3) 8' -0" panel antennas adjacent to existing panel antennas
• Installation of three (3) new Ericsson RRUs -11 s adjacent to new panel antennas
The requested proposal is exempt pursuant to Section 15301 of the California
Environmental Quality Act (CEQA) Guidelines.
Property Description: The subject property is bounded by commercial uses to the
north across Holloway Road, With industrial uses to the east and south, and Highway
101 located to the west.
APN: 841 -67 -021
General Plan: General Industrial
Zoning: M2 — General Industrial
Background: T- Mobile last obtained approvals for this site in 2013 via Planning file AS
08 -26 and Building permit 13010024. T- Mobile is the only wireless carrier located on the
subject property. A pre - application meeting occurred for this project in September 2015.
Analysis: The applicant is proposing to add equipment to an existing unmanned
wireless telecommunications facility, featuring an antenna structure standing 1826 feet
in height. The antenna structure is located at 6700 Brem Lane on the roof of a one -story
industrial building, giving the equipment an overall height of 36' -8 ". The three antennas
PROJECT AS 15 -45, 6700 Brem Lane — T- Mobile Wireless Modification Page 2
would be mounted on the existing antenna structure with the top of the antennas
reaching a maximum height of 35'. The height of the proposed antennas exceeds the
height of the existing six antennas by 1' -8" however the proposed antennas would still
be located 1' -8" below the top of the existing antenna structure. As proposed, T- Mobile's
modifications would not result in significant changes to the existing equipment
dimensions.
Commercial and industrial sites are the preferred locations for telecommunications
facilities as they are better camouflaged and support the overall aesthetic objectives of
the Wireless Telecommunication Facilities, Antennas, and Windmills ordinance. Gilroy
City Code (GCC) 30.35.14 permits wireless telecommunication facilities located within
industrial districts to be reviewed at the staff level via the Architectural and Site Review
process.
In accordance with GCC 30.35.16(8), the applicant provided a statement. noting T
Mobile's willingness for future collocation of other wireless carvers provided the
collocation is technically feasible and will not negatively affect T- Mobile's service. The
proposed modifications as part of this permit will not result in any disruption of service.
City consultants, Hammett & Edison, performed a Radio Frequency (RF) Exposure
study documenting the facilities compliance with FCC standards. The report was
completed in December 2015 and noted the proposed operation will comply with FCC
guidelines limiting public exposure to RF energy.
Determination: Staff supports the proposed project, based on the following findings
and subject to compliance with the following conditions:
FINDINGS:
Per GCC 30.35.20, all of the following findings must be made to approve a wireless
telecommunication facility application:
A. That either: (1) the development of the proposed wireless telecommunications
facility as conditioned will not significantly affect any visual resources,
environmentally sensitive habitat and /or other significant City of Gilroy resources,
including agricultural, open space, and community character resources; or (2)
there are no other environmentally equivalent and /or superior and technically
feasible alternatives to the proposed .wireless telecommunications facility as
conditioned (including alternative locations and /or designs) with less visual and /or
other resource impacts and the proposed facility has been modified by condition
and /or project design to minimize and mitigate its visual and other resource
impacts.
B. That the site is adequate for the development of the proposed wireless
telecommunications facility and, for sites located in residential zoning districts or
PUDs with residential uses, that the applicant has demonstrated there are not
environmentally equivalent or superior and technically feasible: (1) alternative sites
outside residential zone districts or PUDs with residential uses; and /or (2)
alternative designs for the proposed facility as proposed and conditioned.
2
PROJECT AS 15 -45, 6700 Brem Lane — T- Mobile Wireless Modification Page 3
C. That the subject property upon which the wireless telecommunications facility is to
be built is in compliance with all rules and regulations of the City of Gilroy,
including, but no limited to, zoning uses, subdivisions and any other applicable
provisions of this article, and that all zoning Violations have been abated and
abatement costs, if any, have been paid.
D. That the proposed wireless communication facility as conditioned is in compliance
with all FCC, FAA and California PUC standards and requirements.
And the findings from GCC 30.40.30(b):
1. That the proposed use is properly located in relation to the general plan and to the
community as a whole and to other land uses and to transportation and service
facilities in the vicinity.
2. That the proposed use, if it complies with all conditions upon which approval is
made contingent, will not adversely affect other property in the vicinity, or cause
any damage, hazard, or nuisance to persons or property.
As such staff supports. approval of the wireless telecommunication facility at this location
as discussed in the report and with the recommended conditions of approval detailed
below.
GENERAL PROJECT CONDITIONS:
Note: The following abbreviations identify the City department or division responsible for determining compliance
with these conditions. The first group listed has responsibility for compliance at plan check, the second
confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate
of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from
initial review through compliance verification. An internal condition reference number is located at the end of
each condition (e.g. G -1 or HIND -S2).
RESPONSIBLE DEPARTMENTS /DIVISIONS
BL
Building Division /Inspectors
PK
Parks/Landscape Design
CA
City Attorney
PL
Planning Division
CC
Chemical Control Agency
PW
Public Works /Engineering
FP
Fire Prevention
TR
Traffic Division
PD
Police Department
WW
Wastewater /Source Control
Approval of AS 15 -45 (hereinafter "this permit ") is granted for approved plans
stamped as `Received on December 30, 2015" ( "the plans ") on file with the
Planning Division. Build -out of the project shall conform to the plans, except as
otherwise specified in these conditions. Any future adjustment or modification, to
the plans shall be considered by the Community Development Director or
designee, may require separate discretionary approval, and shall conform to all
City, State, and Federal requirements, including subsequent City Code
requirements or policies adopted by City Council. (PL, G -1)
2. Developer means permit applicant, property owner, operator, permitee, lessee,
and /or tenants using the space(s) for the intended use(s). Developer shall comply
9
PROJECT AS 15 -45, 6700 Brem Lane — T- Mobile Wireless Modification Page 4
with project conditions for the life of the project. (CA, G -2)
3. Developer agrees, as a condition of permit approval, at Developer's own expense,
to defend, indemnify, and hold harmless the City of Gilroy ( "the City") and its
officers, contractors, consultants, attorneys, employees and agents from any and
all claim(s), action(s) or proceeding(s) brought. against the City or it's officers,
contractors, consultants,, attorneys, employees, or agents to challenge, attack, set
aside, void or annul the approval of this resolution or any condition attached
thereto or any proceedings, acts or determinations taken, including actions taken
under the California Environmental Quality Act of 1970, as amended, done or
made prior to the approval of such resolution that were part of the approval
process. (CA, G -3)
4. Failure to appeal this decision in a timely manner, or commencement of any
activity related to the project, is understood to clarify Developer's acceptance of all
conditions and obligations imposed by this permit and waiving any challenge to the
validity of the conditions and obligations stated therein. (CA, G -4)
5. Should Developer intend to request an extension to the permit expiration date,
Developer must submit to the Planning Division a written application with
applicable fees prior to the expiration date. Only timely requests may be
considered pursuant to the City Code. (PL, G -5)
6. Prior to issuance of building permits, Developer shall correct all violations of the
City Code, if any, existing on the project property for which the City has open
cases. (PUCE, G -6)
7. If Developer, owner or tenant fails to comply with any of the conditions of this
permit, the Developer, owner or tenant shall be subject to permit revocation or
enforcement actions pursuant to the City Code. All costs associated with any such
actions shall'be the responsibility of Developer, owner or tenant. (CA, G -7)
8. Developer shall obtain building permits for the plans within one (1) year from the
date of this permit approval. If such building permits are not received within the
time frame, this permit shall automatically become null and void. (PL, G -8)
9. An approved wireless facility permit is granted for ten (10) years from the approval
or determination date, upon which time this permit shall automatically become null
and void. Should Developer desire to continue operation as granted herein, a new
application or extension of such application must be requested in a timely ma'nner
and prior to the expiration date. Continued operation of the subject wireless facility
shall be permitted only upon approval of the necessary subsequent approvals. (PL,
G-9)
PLANNING DIVISION STANDARD CONDITIONS:
10. Developer shall obtain necessary permits prior to initiating any new construction or
modifications authorized under this approval, including but not limited to temporary
4
PROJECT AS 15 -45, 6700 Brem Lane — T- Mobile Wireless Modification Page 5
construction trailers, temporary staging areas, model home sales offices,
advertising signs of any kind, exterior and interior modifications. Developer shall
pay all requisite fees in effect at the time of plan submittal and /or issuance, as
applicable. (PUBL, PL -1)
11. Developer shall submit plans for building permit applications that include, on all
sets, a reproduction of all conditions of approval of this permit, as adopted by the
decision - maker. (PL, PL -2)
PLANNING DIVISION SPECIAL CONDITIONS:
12. Except as modified by this approval, all permit conditions of AS 08 -26 shall remain
in full force and effect. (PL)
13. The existing Performance Bond in the amount of $8,000 shall remain in effect of
the full term of this approval. A bond or other form of security satisfying Gilroy City
Code section 30.35.17 shall be maintained for the full life of the facility in an
amount reasonably sufficient to cover the cost of removal, in the event that its use
is abandoned or its Architectural and Site Review permit expires or is terminated
and the equipment is not voluntarily removed within thirty (30) days of termination
of the facility operations. Should the security be cancelled or terminated during the
life of the facility, the Applicant shall replace it prior to the effective date of
termination or cancellation. (PL)
14. Consistent with GCC 30.35.19(c), every two years the owner of the facility shall
submit to the Planning Division a report listing each transmitter . and antenna
present at the facility along with verification of the compliance with the current 'FCC
standards for VIER levels. The first date of submittal of this report shall be April 6,
2018. (PL)
FIRE DIVISION STANDARD CONDITIONS:
15. Hazmat Permits shall be required for any antenna(s) including hazardous materials
in excess of 55 gal, 500 Ibs or 200 cu ft. Hazmat Permits shall be submitted-to the
Fire Marshal prior to building permit issuance.
16. Each wireless company with an antenna at a given location shall file for a business
license with the Gilroy Business License Office for that location. If a Hazmat Permit
is required for the project, those fees shall be included with the cost of the
business license.
17. Developer shall ensure Fire Department Access and Warning Signage is clearly
provided at both the ground level at the access entry point as well as on the roof
top or enclosure.
18. Developer shall store any and all batteries, fuels, and other hazardous materials in
accordance with the most recent Fire Code adopted and as amended in Gilroy.
5
PROJECT AS 15 -45, 5700 Srem Lane — T- Mobile Wireless Modification Page 6
19. Developer shall keep the project area free of weeds, rubbish and combustible
materials. Developer shall report spills of Hazardous materials to the Gilroy Fire
Department.
Appeal Procedure: In accordance with Chapter 30, Section 30.50.47(e) of the Gilroy
City Code, the Planning Manager's decision may be appealed, in writing, to the
Planning Commission within 20 days of.the determination date. Appeal forms may be
obtained from the City Clerk or from the City's webpage, and must be submitted with the
appropriate fee before the end of the appeal period.
This letter, as dated below, serves as the official determination of your application, and
pertains only to the request as analyzed herein. If you have any question about this
letter, feel free to contact Kelsey Heyd on my staff at Kelsey. Hey(W7gmail.com or (408)
846- 0214. --
Sincerely,
r(I G'(
Determination Date
31
Rebecca Tolentino
Interim Planning Manager