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Use Permit - Withdrawn - 2003 , \ '\ -~ DEVELOPMENT REVIEW COMMENT SHEET APPLICATION Distribution: February 10, 2003 Completeness Comments: February 18, 2003 Conditions of Approval: February 24, 2003 ROUTE TO: Architectural Advisor Fire Department Police Department X Land Development Engineer Traffic Engineer Service Center X BuilcHngDivision RECEIVED 1 . 2JC3 CITY OF CAMPBELL BUILDING DEPT. PROJE DESCRIPTION Application for a Site and Architectural Review Permit to allow the installation of antennas for high-speed internet on PruneYard Tower I. File No.: APN: PLN 2003-8 288-04-013 Etherlinx Communications Applicant: Project Address: Zoning: General Plan Designation: PROJECT PLANNER: 1901 S. Bascom Avenue C-2-S-0 General Commercial Darcy Smith DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status ).-, 20$ -03 Comments Initial ~ ~ß No Comments Additional information/revisions (see attached) CITY OF CAMPBELL BUILDING INSPECTION DIVISION - COMMENTS TO THE DEVELOPMENT REVIEW COMMITTEE DRC: February 26, 2003 ADDRESS: 1901 S. Bascom Ave. Project Application: PLN-2003-00008 RECOMMENDATION: Note: No building code issue has been reviewed at Development Review Committee; it will be reviewed in the Building Permit process. Please be aware that building codes are changing constantly; plans submitted for building permit shall comply with the code in effect at that time. Submit permit application together with required documents to the Building Inspection Division to obtain a building permit. No construction can be commenced without an appropriate building permit. It is recommended that this item be forwarded to the Planning Commission for review, with the following conditions. TO THE SATISFACTION OF THE BUILDING DIVISION MANAGER/BUILDING OFFICIAL: 1. PERMITS REQUIRED: A building permit application shall be required for the proposed antenna structure. The building permit shall include ElectricallPlumbing/Mechanical fees when such work is part of the permit. 2. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 3. SIZE OF PLANS: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 4. PLAN PREPARATION: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 5. SITE PLAN: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site address and parcel numbers shall also be clearly called out. 6. SPECIAL INSPECTIONS: When a special inspection is required by D.B.c. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. J:\Building ORC Comments\l 90 1 sbascomave.doc 7. The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 8. APPROVALS REQUIRED: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department J:\Building ORC Comments\190Isbascomave.doc t- o'<.'C'\1J1 , ~<9 ;:;. «' - r"" U r CAMPBELL " "- '5- ;.. .;- ,-,' '0 . RCH ",,-0 c- '--- --------- 0 CITY OF CAMPBELL Community Development Department February 24, 2003 John Furrier Etherlinx Communications, Inc. 1901 S. Bascom Avenue, Suite 1500 Campbell, CA 95008 Re: Application Comments - PLN2003-8 - 1901 S. Bascom Avenue Dear Mr. Furrier: The Planning Division has reviewed your application submittal for a Conditional Use Permit for the installation of nine directional antennas at 1901 South Bascom Avenue. As I mentioned in a fax to you on February 13, 2003, additional information/documents must be submitted before your application can be deemed complete and scheduled for a public hearing. Most significantly, the height of the antenna pole must be less than six feet tall under section 21.60.140 (8) of the City's Telecommunications Ordinance. Your elevations and narrative report must be revised to show this reduced height. Please also note that no antennas should be installed on the building currently. If there are any antennas they must be removed immediately as they do not have permits. Additional items that must be submitted in addition to the revised plans and narrative report include: 1. Site plan 2. Photo-simulations 3. A plan showing telecommunication facilities of all wireless telecommunications service providers within 1,000 feet of the proposed site including facilities located outside Campbell, if applicable. 4. EMF Report about cumulative exposure impacts 5. Report addressing potential interference with Police Department communications antennas. Please do not hesitate to contact me if you have any questions about this project at (408) 866- 2193. Sincerely, J)(Lr~ ~ Darcy Smith Planner IT cc. Geoff Bradley, Senior Planner 70 North First Street. Campbell, California 95008-1436 TEL 408.866.2140 . FAX 408.871.5140 . TDD 408.866.2790 t 70 N. First Street, Campbell CA 95008 FAX (408) 866-8381 City of Campbell Fax To: John Furrier, EtherLinx From: Darcy Smith Fax: 626-9326 Pages: 1 Phone: Date: 2/13/03 Re: Completeness Issues with Application for a Conditional Use Permit for the installation of nine directional antennas Staff has reviewed your application for a Conditional Use Permit for the installation of nine directional antennas for completeness. Additional information/documents must be submitted before your application can be deemed complete and scheduled for a public hearing, The height of the antenna pole must be less than six feet tall under section 21.60,140 (8) of the City's Telecommunications Ordinance, Your elevations and narrative report must be revised to show this reduced height. Please also note that no antennas should be on the building now, If there are they must be removed immediately as they do not have permits, Additional items that must be submitted include: 1, Site plan 2. Photo-simulations 3. A plan showing telecommunication facilities of all wireless telecommunications service providers within 1,000 feet of the proposed site including facilities located outside Campbell, if applicable, 4, EMF Report about cumulative exposure impacts 5, Report addressing potential interference with Police Department communications antennas. Please feel free to contact me if you have any questions about this at (408) 866- 2193, Thanks, Darcy Smith Planner II .)....O~'CA-'I1,ð~ !::: ~ u r- 0 0 -;. ~>. < ~' 'O'CH^,Q' City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Geoff Bradley Date: Februrary 5, 2003 From: Darcy Smith Subject: Summary of Issues with PLN2003-8 - Conditional Use Permit for Etherlinx Antennas at 1908 S. Bascom Avenue Submittal Requirements, per Section 21.60.040 Submittal requirements.of the Wireless Telecommunications Ordinance. 1. Site plan 2. Colored elevations 3. Photo-simulations 4. A plan showing telecommunication facilities of all wireless telecommunications service providers within 1,000 feet of the proposed site including facilities located outside Campbell, if applicable. Note the Director may waive certain submittal requirements or require additional information based on specific project factors. Applicable Regulations That Conflict with Proposal: 21.60.070 (4) Visual. Roof-mounted antennas and associated equipment shall be located as far back from the edge of the roof as technically possible to minimize visibility from street level locations. Where appropriate, construction of a roof-top parapet wall or other appropriate screening to hide the facility may be required. 21.60.140 (3). Interruption of View. Roof-mounted antennas shall not be allowed when they are placed in direct line of sight where they significantly affect scenic views. 21.60.140 (4). Maximum Building Height. The maximum building height, including roof-mounted antennas with support structures, shall not exceed the maximum height allowed for buildings in the zoning district in which the antenna is to be constructed. Applications for antennas that exceed the maximum hei2ht must submit a supplementary report outlinin2 the reasons why the hei2ht reQuirement cannot be met. The director shall reQuire an independent review. paid for in advance by the applicant. to evaluate the applicant's reQuest. Factors to be considered are whether or not another site exists where the standards can be met, is there another method of installation that would result in a project that complies with the standards, would the addition of another wireless telecommunications facility allow the reduction in height of the proposed facility and any other technically feasible method of siting the facility that would reduce the height. If it is determined that the additional height is necessary, additional screening may be required to mitigate adverse visual impacts. Note: Tower I exceed the current maximum height regulation of 75 feet. It was approved via the "0" overlay district. In all likelihood the approval set the maximum height at the building height of approximately 285 feet. HeIght of pole is 20 feet (per written sumluary - plans show 15'-8"). The total height of the building plus antenna is 305 feet. 21.60.140 (5). Minimize Visual Impacts. All roof-mounted antennas shall be located in an area of the roof where the visual impact is minimized. Rooftop equipment installations shall be setback such that they are not viewed from the street. Screening panels may be used to mitigate visual impacts but must be designed to blend with the architecture of the building in terms of scale, material and color. The cost or inconvenience to provide such screening of visual equipment shall not by itself provide justification to install visible equipment or antennas. 21.60.140 (8). Antenna Height. Notwithstanding subsection (4) of this section, no roof-mounted antennas. includim! support structures. shall exceed six feet in heieht above the parapet of . the roof. Proposed siting and mounting technique (e.g. roof mounted antennas that are visible to the public) is not preferred under Section 21.60.060. Written Statements EtherLinx Communications Company Overview The Industry Bucking the general decline in telecom markets, the growth in broadband access technologies has been remarkably robust. During the year 2001, cable modem access grew from nearly 4.2 million to more than 6.6 million. DSL also saw significant gains in customers during 2001, from nearly 2.4 million to more than 3.9 million-an increase of 68 percent (source: Telecommunications Reports International). Researchers believe that the wireless access market will grow even faster- IDC estimates that the number of wireless subscribers in the United States will increase at a compound annual growth rate (CAGR) of 73 percent, from approximately 5 million in 2000 to more than 84 million in 2005. The Concept The EtherLinx technology provides a viable 802.11 last mile broadband alternative to DSL and cable in urban areas and rural areas. EtherLinx has developed a proprietary, revolutionary capability to deliver low cost 802.11 wireless broadband access technology based upon the 2.4 Ghz unlicensed spectrum radio frequency also known as WiFi. At the heart of EtherLinx' solution is a transparent high speed wireless broadband (2Mbps) transmission using commodity 802.11 hardware. EtherLinx' wireless software technology utilizes the unlicensed 2.4 Ghz spectrum to broadcast long range and high speed internet broadband signals from basestation (e.g. cell) towers creating a long range metropolitan "cloud" of high speed Ethernet to business and residential premises, portable and mobile data solutions. Just like WiFi (802.11b) "lights up" cafes and homes, EtherLinx's technology "lights up" cities. EtherLinx Communications- John Furrier Confidential EtherLinx Solution: How it works Government ,--------------------- . '~=-=-::::=:~~:~--~~ ~ ~~~~ ~~~~:: - --- - --- - -- - ---- --- - ---- -- - - - ----- - ------- - - --.( ~/ê~ rporate N etwo r'¿ - - -- '. ;<:" ~-20 Mil.. :_"""" ---------:/::-- -------\:::---------~---~-_/ \'" \""'-""'" -' . --', -"-'------ (' Students ") \ a" ----..:~:~..."~/ Residential Customers ----------- ------- ! Residential CPE .. ~"'".- Public Access ~~'rn\" .. Public Hotspots MO~ Homeland Security .. Remote Customers Blocked by Topography Schools The technology operates in the 2.4 GHz ISM band, and is unique in the following dimensions: . Low-cost, long distance transmission. EtherLinx extends usable link distances of off the shelf 802.11 radios, using FCC-approved techniques. Traditional 802.11 radios have usable link distances of only a few hundred feet. EtherLinx is able to reprogram the firmware/ software to get to usable link distances of IOta 50 miles depending on antenna configuration. . Secure and interference free. EtherLinx uses spread-spectrum techniques to create a signal that (a) is secure in that it appears to be background noise and is virtually undetectable by an attempted listener, and (b) achieves substantial immunity from interference, even from 802.11 networks or other 2.4 GHz spectrum devices operating in the immediate area. How the EtherLinx Technology Works As the illustration above points out, EtherLinx technology is deployed at high ground (tall building or tower). For the city of Campbell EtherLinx will be deploying a pole on top of the Prune yard Tower to be the main broadband broadcasting transmitter. The broadband signal from the Prune yard goes directly to an antenna the residences and businesses in the city of Campbell for high speed broadband internet access. Additionally, EtherLinx may deploy additional small antennas to retransmit within the town on top of commercial buildings or public poles (if available) to create more broadband capacity and signal to enable more subscribers. This is very similar to what EtherLinx Communications - John Furrier Confidential ---~"_..,-"'-_.. ",' Metricom (or Richocett) implemented except EtherLinx doesn't need as many retransmitters to achieve full penetration within the town of Campbell. The antennas are very small. Size ofthe antennas that would retransmit from the main broadcasting tower (the Pruneyard is about 8" to 12". (see picture below). EtherLinx Communications - John Furrier Confidential -"-'~~""'-'- .. ...._,--_._-~-,_."._"-,,._.,-..,' 'r"'- Submittal Requirements A, Proposed Wireless Telecommunications Facility 1. Site Plan 2. Elevations 3. Colored Elevations 4. Section Drawings 5. Visual Impact Demonstrations 6. Visibility Impacts 7. Landscape Plan 8. Miscellaneous and Appurtenant Structures 9. Other Wireless Telecommunications Facilities ß, Narrative 1. Antennas Their will be eight (9) directional antennas connected to a 20 foot fixed roof mounted pole located on top of the Pruneyard Tower I office building. Additionally there will be an equipment rack located in the fan room located on the roof of Tower 1. 2. Location The location of the basestation fixed mounted pole will be on the rooftop of Tower I ofthe Pruneyard office building owned and operated by Equity Office. The pole will be secured to building structure. 3. Height The top ofthe fixed pole antennas is 305 feet from the street. This is the roof elevation plus 20 feet. 4. Radio Frequency The frequency of the EtherLinx technology operates in the 2.4-2.4385 Ghz ISM unlicensed spectrum. The maximum power output is less than «) one (1) watt. 5. FCC Compliance The EtherLinx system including the antennas and associated basestation, equipment cabinets and buildings conform to FCC standards in respect to radio-frequency radiation emissions. 6. Maintenance It is anticipated that from time to time EtherLinx will have to perform maintenance on the antennas and basestation equipment including but not limited to maintenance, monitoring, antenna replacement and software backup EtherLinx Communications - John Furrier Confidential q~__H.-__'_----'--'-' ~ relating to any upgrades of the system, faulty equipment, and other factors that might cause a disruption of service or might minimize disruption of service. 7. Environmental Assessment The EtherLinx system uses FCC approved spectrum that has been certified under the rules required for operation in the 2.4 Ghz ISM band frequencies. EtherLinx meets all FCC requirements under ISM with respect to the environmental quality. 8. N oise/ Acoustical Information N/A - The EtherLinx system does not put out any noice. 9. Site Selection Process EtherLinx chose the Pruneyard tower due to its' proximity and height to service the Campbell and surrounding communities. Additionally the Pruneyard towers have access to the Internet backbone for easy connectivity thus increasing the ability to deploy broadband to the community. C, Geographic Service Area The geographic service area will be serviced by one main basestation or "cell" located at the Prune yard office building Tower I. The main basestation distributes a signal out over the communities surrounding Campbell. The signal is translated into a resident or business via a standard Customer Premise Equipment or CPE. The CPE is similar in nature to what Sprint has been offering for broadband and can be seen deployed within the towns on the roofs of residents. Additionally EtherLinx CPE acts as a repeater very similar to how Metricom (Ricochet) equipment operated. So it is very possible that EtherLinx may require small antennas to be mounted on public roofs or poles (assuming approval by the necessary departments) to repeat the signal for propagation throughout the town. (See Illustration below) etlté~.., ride tiff _. 0 2002 ADOA D, Preferred Location Sites EtherLinx's preferred location site is Tower I of the Pruneyard office building owned and operated by Equity Office EtherLinx Communications - John Furrier Confidential ~--~~-~._~ . ~.~ E, Preferred Mounting Technique EtherLinx preferred mounting technique is roof-mounted antennas that are not visible to the public. F, Five-year Plan 1. Type of technology Wireless 802.11 Ethernet 2. Radio Frequencies 2.4 Ghz ISM, and any other new spectrum that will be allocated by the FCC from time to time. 3. Services Wireless broadband, Voice services (business and residential), mobile access for emergency services, mobile services to consumers, WiFi hotspots for public access for broadband, and multimedia broadcast (video). 4. All Facilities Not available at this time 5. List of Information i. List of cell sites by address and assessors parcel number 1901 South Bascom Ave Campbell, CA 95008 Parcell number: ii. The zoning district in which the site is located C-2 iii. The type of building and number of stories Office building 21 stories iv. The name of the carrier EtherLinx Communications Inc. v. Appurtenant Equipment One main basestation with nine (9) small antennas (see pictures) vi. Location The location of the basestation fixed mounted pole will be on the rooftop of Tower I of the Pruneyard office building owned and operated by Equity Office. The pole will be secured to building structure directly in the center of the top roof (see exhibit). vii. Height EtherLinx Communications - John Furrier Confidential .- .._.._.m .. r The top of the fixed pole antennas is 305 feet from the street. This is the roof elevation plus 20 feet. The frequency of the EtherLinx technology operates in the 2.4-2.4385 Ghz ISM unlicensed spectrum. The maximum power output is less than «) one (1) watt. 6. Undetermined Location It is not anticipated that EtherLinx will need any additional central basestation or "cell" sites. 7. Five-year Map It is not anticipated that EtherLinx will need any additional central basestation or "cell" sites over the next five years. It is anticipated that over the next five years 50% of the homes will have an external antenna receiving the EtherLinx signal. G, Cumulative Effects There are no Cumulative Effects with the EtherLinx system. H, Other Permit Requirements None I. Co-location Agreement Not required. The property owner Equity Office handles this collocation agreement. J, Fees One thousand seven hundred ninety six dollars ($1,796.00) Etherlinx Communications - John Furrier Confidential _...~ .- 'I'