Use Permit-Tree Antenna-1997
Nextel Communications
1255 Treat Boulevard, Suite 800, Walnut Creek, CA 94596
NEXrEl
City of Cambell
70 North First Street
Cambell, CA 95880
Attn: Dulce Smith
RECEIVED
MAY 1 6 2001
CITY OF C
PLANN/N~~}:L
May 15,2001
Re:
Site: CA 0890
Payment for Conditional Use Permit
Enclosed is a check for Site 0890 Conditional Use permit in the amount of $32,005.54.
Thank you. If you have any questions or concerns, please call me at (925) 279-5630.
Sincerely,
~
South Bay Coordinator
Direct: (925) 279-5630
Mobile: (925) 260-3364
Enclosure
70 N. First Street, Campbell CA 95008 FAX (408) 866-8381
City of Campbell
Fax
To:
Cc:
Fax:
Jim Gonzales
Roger Dade
925-279-2683
From: Darcy Smith
Pages: 4
Date: 5/10/01
Phone:
Re:
100 W. Hamilton Ave- Site CA 890
Attached is a Notice of Non-Compliance for the Nextel Telecommunications Facility at
700 W. Hamilton Avenue. This letter serves as a notice of 180 days to comply with
the conditions of approval listed below. If the noncompliance is not rectified by
November 6, 2001, the Director of Community Development will set a date for public
hearing before the planning commission to receive testimony and other evidence to
demonstrate a finding of a violation of a condition of the authorization of the use of
the facility and finding that violation the Planning Commission may modify or revoke
the permit.
I have also attached the cost estimate for the landscaping of the San Tomas
Expressway Median. Please note that a payment for this amount is required to meet
Condition of Approval No.5 and avoid the revocation of the Use Permit.
Please feel free to contact me if you have any questions about this at (408) 866-
2193.
Thanks,
Darcy Smith
Planner I
City of Campbell
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CITY OF CAA'iPBELL
Community Development Department - Current Planning
May 10,2001
Jim Gonzales
Nextel Communications
1255 Treat Boulevard, Suite 800
Walnut Creek, CA 94596
Re:
Notice of Non-Compliance for Failure to Comply with Conditions of Approval of
Conditional Use Permit No. UP 97-15
. .
Dear Mr, Gonzales:
The Planning Division is issuing Nextel a Notice of Non-Compliance for the failure to comply with
the Conditions of Approval of Conditional Use Permit No. UP 97-15.
Under "Condition of Approval No. 14 Revocation: At any time, the Director of Community
Development may initiate proceedings to revoke the permit upon a finding that the owner or operator
has abandoned the facility, the facility is no longer in compliance with the conditions of approval
within 180 days after a notice has been sent by the Director requiring the facility to be brought into
compliance. "
This letter serves as a notice of 180 days to comply with the conditions of approval listed below. If the
noncompliance is not rectified by November 6, 2001, the Director of Community Development will
set a date for public hearing before the planning commission to receive testimony and other evidence
to demonstrate a finding of a violation of a condition of the authorization of the use of the facility and
finding that violation the Planning Commission may modify or revoke the permit.
The conditions that Nextel has failed to comply with to date include:
3, Permits: Applicant shall obtain any permits deemed necessary by the Building Official or
the Uniform Building Code.
5. Landscaping: The applicant shall prepare a detailed landscape and irrigation plan for
review and approval by the Community Development Department prior to the issuance of
grading or building permits. The plans shall include the planting plan indicated in the
conceptual plan approved by the Planning Commission with the following additions:
E. The applicant shall make a good faith effort to work with the Santa Clara Valley Water
District and Santa Clara County to locate areas where off-site landscaping can be installed
to screenlblend in the visibility of the antenna.
TEL 40881)6 ::! 140 . "\\ 40'>.8668381
rlJlJ 408.866.:2790
::-0 :-';orth First Str~cr . Campbdl. California 95008- I 431)
Nextel Communications
Notice of Non-Compliance for Failure to Comply with Conditions of Approval of Conditional Use
Permit No. UP 97-15
Mav 10.2001
Page 2
9. Facility Maintenance: The facility, including the tree, building, fencing and all attachments
shall be maintained in good repair, free from graffiti and litter. Any damage shall be
repaired to minimize dangerous conditions or visual blight.
With regards to Condition of Approval No.3, the building permit (No. BLD1999-41) that was
previously issued for the construction expired and a Certificate of Occupancy was never issued; In
addition, the building division was unable to pass any of the required inspections that were requested
when the structure was being built. One issue of significant concern is that Nextel connected to the
electrical power supply without receiving clearance by the Building Division or passing any electrical
inspections. This facility has the potential to be detrimental to the public health and safety of
properties or residents in the vicinity of the project site.
The planning division has reviewed your building permit submittal of March 21, 2001 for the issuance
of a new building permit to complete the work on the Nextel equipment building and antenna at 700
W. Hamilton Avenue. However, staff is unable to approve the permit at this time since you have not
complied with the remaining Conditions of Approval.
In regards to Condition of Approval No.5, the City is requesting that Nextel provide a cash payment
to cover the cost of installation and maintenance of median landscaping on San Tomas Aquino
Expressway. An estimate of this cost was provided by Nextel in March; However, the payment has not
been received to date. This must be received before the Planning Division can approve the building
permit.
In regards to Condition of Approval No.9, the equipment shelter has been tagged with graffiti in the
past. It was painted over, but the new paint did not blend in with the existing paint. The City
appreciates your efforts in the future to keep this site clean and graffiti- free.
Please note that under Condition of Approval No. 13 Review of Approval, the Use Permit is only valid
for five years from the date of approval and will expire on February 10, 2003. At the time an
application is submitted to allow an existing facility to remain, the Community Development Director
will detennine if the design or changes in design, location or configuration allow review as a stealth
facility pursuant to Section 21.60.030 of the Wireless Telecommunications Facilities Ordinance. If
technological improvements or developments occur which allow the use of materially smaller or less
visually obtrusive equipment, Nextel will be required to replace or upgrade the approved facility upon
application for a new Use Permit application to minimize adverse effects related to land use
compatibility, visual resources, public safety or other environmental factors.
Sincerely,
Dtt ( It) 51'U IL
. Darcv Smith
Plan~er II
Cc:
Bill Bruckart, Building Official
Sharon FielTo, Community Development Director
70 N. First Street, Campbell CA 95008 FAX (408) 866-8381
City of Campbell
Fax
To:
Fax:
Roger Dade
(925)279-2683
From:
Pages:
Date:
Darcy Smith
1
4/4/01
Phone:
Re:
Cost Estimate for San Tomas Expressway Median Landscaping
Roger,
The cost estimate that you faxed over to me yesterday looks good except for one
item- the Community Development Director is requesting the addition of a 10%
contingency calculation that is standard for all City projects.
Please feel free to contact me if you have any questions about this.
Thanks,
Darcy Smith
Planner I
City of Campbell
County of Santa Clara
.. "
Roads and AirporTs DeparTment
iOI Skyporr Drive
San Jose. California 95110-1302
January 17,2001
Mr. Don Wilden
Pulte Homes
7031 Koll Center Parkway, #150
Pleasanton, CA 94566
Subject:
Landscape Plans in the median of San Tomas Expressway
Dear Mr. Wilden:
Your December 20. 2000 submittal alongv".¡th the attachments have been reviewed. Our comments are as tollo\\/s:
The landscaping plans are acceptable, after the following changes are made:
(a) The landscaping plans should include the conditions of item 3, 11 and 13 of the attached Exhibit A.
(b) The structUral section shown on sheet 2 of 57 should be revised to include 2" overlay over the 4" AC, 12" CI 3
AB and 12" CI Sublease
(c) The County's address on Item 10 of the San Tomas Expressway Agreement should be corrected as follows:
Road Commissioner
County of Santa Clara
Roads & Airports Department
101 Skyport Drive
San Jose, CA 95110
Please re-submit after above comments are addressed.
Si~
Ashok"'Vyas
Project Engineer
cc: Michael Jorden, VTA
j Tim Haley, City of Campbell
RBP, DEC, AKC, l'vL-\, RVE, File
~oùrd of Supcn'isors: Donald F. Gage. Blanca .\!varado. Pete \lCHugt1. James T. Be¡:1l1. Jr.. Liz Kniss
Coumy Exccutive: Rict1ard Wittenberg
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APPENDIX 6
.' ..
STANDARDS, REQUIREMENTS AND CONDmONS .
The following standards, requirements and conditions shall apply to expressway frontågé~4
median finishing, including landscape improvements:
1)
The COWlty policy is to accommodate aU expressway users (including pedeStrians and
bicycles) wherever possible and subject to safety considerations and fiscal constraints.
Widening of the expressway should include appropriate considerations, including shoulders
of sufficient width,
2)
Finished median or frontage pavement edges shall include Portland cement concrete curbs.
Portland cement concrete gutters shall be used where water flows. Curb types shall
conform to the County of Santa Clara Standard Details Manual and be appropriate to the
location (generally Type B3 in the median and either A2-6 or B2 along the frontage or
where water flows). Unless otherwise approved by the department, at locations where
shoulder width win be less than eight (8) feet, B2 curb and gutter shall be used.
3)
Median landscaping shaH provide for isolation of roadway sub-grade from median watering
facilities. Concrete cutoff or slurry walls, full depth median cUTbing, or equal treatments
(sub-drain systems for example) shall be used. Where sidewalks are not attached to the
curb (meandering for example), the same standards shall apply to frontage landscape
irrigation wherever it is proposed to be immediately behind the curb.
4)
Sidewalks shall conform to the County of Santa Clara Standard Details Manual, with
exc:ption that upon approval of the Roads and Airports Department use of five (5) feet
sidewalk width may be used in commercial and industrial areas if desired to increase
landscape areas to be maintained by others.
5)
Where meandering sidewalks are proposed to leave the expressway right-of-way proper,
easement shall be provided for the sidewalk area.
6)
Pedestrian provisions shall comply with the applicable portions of the Americans with
Disabilities Act (ADA) and appropriate features shall be included.
7)
In recognition of ADA goals and for safety reasons, utility related fixed objects such as
poles, fIre hydrants, utility cabinets or other features, shaH be located as far from the curb as
available rights-of-way can reasonably provide,
8)
Landscaping should include provisions for irrigation to increase likelihood of planting
survival and health,
Plantings should be drought tolerant and not prone to pest infestation. Attached is the 1989
Plant List, with current recommendations for inclusion or exclusion of plant materials,
-
10) Landscaping shall be appropriate to the conditions. From an aesthetic design view
landscaping improvements need to blend with existing features and provide for some level
of corridor continuity or enhancement. From a safety design view, landscaping shall
provide for safety sight lines when plantings are mature.
11) Minimum median width for tree plantings shall be ~' measured from curb face to curb face,
12) Tree canopies at medians or sidewalks should not encroach into the travel way below 15'
vertical distance.
13) Large trees should be located at least 7' away from paved roadway areas, For lesser
clearances, trees with mature trunk diameters of 4" or less shall be used.
14)
Where frontage landscaping preceeds improvement of sidewalk areas, irrigation shall be
located so as not to conflict with future sidewalk improvements (7' from curb face),
15) Bol1ards, corporate identity monuments, or other fiXed objects shall be considered as
potential traffic hazards, and should not be used within the expressway right-of-way unless
sufficient rights-of-way exist to allow location a sufficient distance from the traveled way.
16) Fencing for access control is appropriate for undeveloped and residential frontages,
Fencing shall not be required for commercial or industrial frontages, except in the case of
mixed use, adjacent residential or other situations where residential uses exist near the
expressway unless other measures are in place (physical obstructions such as on-site
fencing and building orientation and access limitations). In addition, limited access breaks
may be needed to provide for pedestrian circulation and access to transit facilities such as
bus stops.
17) Landscaping or other expressway frontage finishing shall require a County Encroachment
Permit to permit construction access to the expressway right-of-way.
18) Landscape maintenance by other public agencies or private entities shall require an
agreement delineating responsibilities and liability.
A condition of any expressway landscape maintenance agreement shall be that the parties
providing the maintenance shall use safe traffic control practices with use of advance warning
signs, traffic cones, and other traffic control devices placed general1y as per standard Caltrans
plans for traffic control systems on conventional highways and other applicable details in
Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones ("Typical
Application" 5-23, 5-29, and 5-33, for examples). The traffic control requirements shall be made
part of the landscape maintenance agreement.
\\!here actual maintenance activities are to be performed by others than the parties to the
landscape maintenance agreement (private contractors), the traffic control requirements shall
apply and should be part of any separate service agreements.
Where irrigation is installed, pavement crossings shall be implemented using bore-and-jack,
directional boring, or other technology that provides for conduit placement without cutting of the
pavement surface. Exceptions will be limited to water line connections or other documented
situations of physical limitations or impediments.
2
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CITY OF CAMPBELL
Community Development Department. Building Division
October 18,2000
Nextel Communications A+lr\.. <::31,,-
1255 Treat Blvd, Suite 800
Walnut Creek, CA 94596
b-~~41c z..
SUBJECT: 700 W. HAMIL TON AVE. PERMIT #BLD1999-041
Our inspection records do not indicate any approvals for construction of the pre-
fabricated shelter and tree pole that have been constructed at the above address.
However, Permit # 1999-041 was issued November 18, 1999, for a telecommunications
site at 700 W. Hamilton Ave., Campbell. As ofthis date, no inspections for this work
have been made. As the 6-month time limit for work to begin has passed, your permit is
now expired, I am forwarding a copy of this letter to the Planning Department, as it may
affect the conditional use permit for the project.
Our desire is to complete the inspections on the original plan and permit to insure the
integrity of construction in conjunction with the requirements included in the approved
plans. Please contact the Community Development Department, Building Division at
(408) 866-2130 within 5 days to clarify this situation
Very Truly Yours,
J~ ~:;:;f
Building Inspector
lli:db
70 ~orth First Street. Campbell. California 95008.14:23
In 408.866.:2130 . FAX 408.866.8381 . TOO 408.866.2790
Allr-24-2000 12:52 111\
FrOlll-MEXTEL
UlASOn.
OAI!ATCA~ 0" 1'l'IeMEO f!.NVIRONMiNTS
FAX COVER SHEET
From the desk of Glenn Lavery
Date: 4121/00
To:Jim csl\2derr
DIi~c:.e..., -Sf'YI'~
fax No: (925) 279-2683
Phone-.
~c¡/~ ~ f:'~"l'
Subject: A6&embly insructions and schedule
Number of Pages (induding this cover page): 8
Thank you,
Glent\ Lavery
Director of O~l"iItions
Larson Utility Camouflage
T-3e3 Poot/ooe F-433
108 unon I"OI11pan'f
6701 S. MidvaIe Pal1c Ra
TUC8Qn. NIzOna 85746
(5201~
Fax: (52O)T"HS488
LaIl8/Y 4) i..arSOI"'U..eom
Apr-24-2000 12:52pm
From-MEXTEL
T-383 P.OO2/008 F-433
'1"" I-aISOn \..CI11PInY
670' S. Midvalo Park Ad
Tuœon, NIZonIIlõ746
(~
Pax: (520)7.103488
LaVØty . L8I'SØfI-uIII.1;QfI1
LJIASOtI"
CllleATORS 0- Tt1EMeO £NVIRONMENTS
L7.lRSON
UTILITY
CAMOUFLAGE
Date: 411. UOO
To: Jim Gonzalu
"
Subject Campbell, CA Tree pole
The cont@ctors scope of work is as follows:
"Disconnect and remove existing T-arm antenna configuration :
"Install new antenna arm configUration. 3 long arms wI Tri-braCket, 3 short arms wI Tn-
bracket. (see attached pages 1 & 2)
.On the 3 long curved arms. 9 antenna branches need to be attached,(see attachment
details pages 3 & 4). Antenna branches will be labeled A,B.C,D,E,F,G,H & I.
-Remove old Crown branch from pole cap,
*Attach(1) new Crown branch assembly to pole cap stub pipe.
.Remove Þranoh8& numbered 1 thru 14.(see page 5) Attach new branches. each new
branch will be numbered to correspond with the attachment pipes that already have
numbers labeled on them,
-Remove T-arrns at 36' AGL Attach (9) branches in thiS vacated area using supplied
attachment bracket. (See bracket details ~ 6). A plan and elevation diagram will be
supptied for the placement of these brackets and branches.
Larson Aep. will take the otd crown and old branches numbered 1 .14 back with him.
Schedule
April 16th - "'831 17th -Manufacturing of antenna arm, 1ri bracketS and branch attachment
~$S~rry~~y. -..
~ . Manufacturing of new Crown branch assembly. Antenna branches and
replacement regular branches,
May 19th - Receive Antenna arm components.
May 20th - Load all components and ship via Larson.
MAY 24th. Arrive at Campbell, CA site,
Thank you, PleilSe call if you have any question
Glenn Lavery
Director of Operations
Larson Utility Camouflage
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CITY OF CAMPBELL
Community Development Department. Current Planning
February 10,2000
Melody Blaisdell
Nextel Communications
1255 Treat Boulevard, Suite 800
Walnut Creek, CA
94596
Subject: Nextel Project at 700 W. Hamilton - UP 97-15
Dear Ms, Blaisdell,
Enclosed are photos of the Nextel "tree" antenna project at 700 W. Hamilton Avenue, These were
taken on February 4, 2000. No changes have been made since our conversation last month, I have
also enclosed a copy of the approved plans that building pennits were issued for so we are clear on
what the tree should look like, There have been articles on the local papers, including front-page
photos, regarding the appearance of this "tree". We have also received numerous phone calls from
concerned residents,
Please inform me of your estimated completion date for the changes we discussed earlier.
Thank you in advance for your cooperation in resolving this matter in a timely fashion.
Sincerely,
OG\,~ ~1l,
Darcy Smith
Planner I
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790
J¡n-lO-OO 03:lGpm
FrOlll-NEXTEL COIMINICATIONS
--
8lSZTQZG85
T-151 P Ol!Ol F-16l
NuteI Çommuniça1ions
1255 Treat Boulevard. Suite 800. Walnut Creek, CA 94596
925 279-2300 FAX 925 279-2301
NEXfEL:
January 20, 2000
Ms, Darcy Smith
City of Campbell
70 North First Street
Campbell, california 95008
Re:
Nextel Project CA-890C West Hamilton
UP 97-15/700 W, Hamilton, campbell
Dear MS. Smith:
As a follow up to our conversation on January 12, Nextel Communications is in
the process of investigating and/or resolving the following issues:
1, Currently, the antennas installed extend beyond the tree pole
branches. We are working with the manufacturer to find alternatives
to the installation so that the branches hide the antennas,
2, The lower antenna mounting structure installed (approximately 35
feet) wiu be removed.
3. A discrepancy regarding the height of the tree pole's crown resulted in
the installation of a 4 feet. crown. Nextel is working with the
manufacturer to provide a 7 feet crown as reflected on the drawings.
We are working to make these modifications as soon as possible, We will keep
you informed as to the status of the project and our estimated completion date.
Should you have any questions, please feel free to contact me at (925) 279-
2326.
Sincerely,
ffll,lQtty ~
Melody Blaisdell
Construction Engineer
'.
CITY OF CAMPBELL
BUll..DING INSPECTION DIVISION - COMMENTS TO THE DEVELOPMENT REVIEW COMMITI'EE
DRC: September 13, 1999
ADDRESS: 700 W. Hamilton Ave.
Project Application: R99-03 (UP)
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 pemut.
It is recommended that this item be forwarded to the Planning Commission for Approval, 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
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 maximum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
4.
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.
5.
TITLE 24 ACCESSffiILITY - COMMERCIAL: Project shall comply fully with current State
of California Title 24 Accessibility requirements.
6.
APPROVALS REQUIRED: The project requires the following agency approval prior to
issuance of the building permit:
a.
Santa Clara County Fire Department (378-4010)
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70 N, First Street, Campbell CA 95008 FAX (408)866-8381
City of Campbell
Fax
To: Melody Blaisdell, Nextel
Fax: 510-645-1419
From: 866-2193
Re: Reinstatement application
From: Barbara Ryan
Pag..: 2
Date: 9/10/99
cc:
Sharon Fierro, Senior Planner
1) The Reinstatement application for the tree antenna at 700 W. HamBton Avenue has been scheduled for the
October 12,1999 Planning Commission.
2) Building permits are not issued on Commission and Council approved projects until complete landscaping
and irrigation plans have been submitted for review.
A) The plans are reviewed by the City's Landscape Consultant, with 'changes made usually prior to the
building permit being issued.
B) In this case, with off-site landscaping being involved on County property, the approval by the County
will be required prior to issuance of the building permit.
3) It would be advisable to submit a new Reinstatement application letter, as any misstaments in it will need to
be addressed in the staff report to the Planning Commission. This includes:
A) "The City requested that we use Pulte Homes' landscape architect". The City only advised Nextel that
as the Pulte Homes landscape architect was already working on landscape plans for the median of the
San Tomas Expressway, that speed and coordination between the two plans might be gained by using
this landscape architect.
B) The aspect of who would be responsible for the maintenance of the landscaping within. the County's
right-of-way is a separate issue from the preparation of the landscape plans themselves. This issue in
no way would be a cause for a delay in the preparation of the plans themselves.
C) The requirement for the landscaping within the San Tomas Expressway is not related to the
administrative extension. The extension was given due to the time it took for the City to find and
contract with a consultant to evaluate the necessary Nextel antenna height relative to reception. The
Planning Commission did not like the appearance of the tree, and wanted it to be of a height which
blends with the trees next to it. The study resulted in finding that the antenna needed to be of a height
which would project above the adjacent trees. It is this visibility of the tree which necessitates the
screening offsite, as screening cannot adequately be provided on site.
D) Pulte homes will be required to provide maintenance of the landscaping they are placing within the
County right-of-way. They are contracting with the County regarding maintenance, as it is County
property and therefore a County decision as to the form of the agreement.
E) The Santa Clara Valley Water District (Sue Tippets, @ 408-265-2607 x2253) has informed us that the
District would not prohibit landscaping within their easement (the land is owned by the County). Any
plans would need to be reviewed by them, and a permit obtained. Please have your landscape
architect call Sue.
, ...,.. ... -~ -
. ...
. . ...-.
September 10, 1999
F) There is water available on your site. Scott Cooley, owner, might require Nextel to have a separate meter
to monitor water usage. The County, however, might agree to truck-watering on their property. Please
contact the County to detennine the form of acceptable watering within their property. The contact person
whom your landscape architect has been in contact with is Ashol Vyas at 408-573-2462.
G) It has been over one year since the necessary height of the antenna was confinned, and the requirement
for off-site landscaping known by Nextel (8118199). Heinz Lump, in fact, was informed, prior to the
inception of the study, that this would be the requirement if the antenna height could not be lowered. The
importance and necessity for the provision of the landscape and irrigation plans has therefore been known
by Nextel for some time. It should be noted that Pulte Homes has already submitted plans to the County
and received approval. They were approved by the City Council in November of 1998.
Please have your landscape architect call us so that we may understand what is causing the delay, and may
help in any way that we can. As he is the same one used by Pulte Homes for the San Tomas Expressway
landscaping, he is probably more familiar than we are regarding working with the County In this area. If we can
help in any way, please let us know. We are as anxious as Nextel to expedite this project.
. Page2
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Nextel Communications
475 14th St., Suite 200
Oakland. CA 94612-1900
510645-1400 FAX 510 645-1419
NEXTEl
R. E"C' E"""-'IT)"
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August 10, 1999
Ms. Barbara Ryan
Associate Planner
City of Campbell
70 North First Street
Campbell, California 95008-1423
AU!) 1 D 1399
CITY OF CAMPBELL
PLANNING DEPT.
RE:
REQUEST FOR USE PERMIT (UP-97-15) EXTENSION
700 W. HAMILTON A VENUE
NEXTEL SITE NO. CA-890C WEST HAMILTON
Dear Mrs. Ryan:
As you are aware, the City Planning Commission approved use permit (UP 97-15) in February
1998. Condition No. 12 limited the approval to one year. In March of 1999, the Director granted
us a five- (5) month administrative extension because a great deal of our initial approval time was
used up by the height study, In consideration of this extension, the City required that we submit
landscape improvement plans for the landscaping of a portion of the median, and the right of way
area within and adjacent to San Tomas Expressway,
Since that time, we have made a good faith effort to comply with condition no, 5 and 10 of UP
97-15, including the following:
.:. The City requested that we use Pulte Homes' landscape architect for the preparation of our
. landScape plan. The logic was that he is familiar with area, would possibly already have
street plans or know the process for obtaining street plans along San Tomas Expressway so
that the landscape plan preparation could be completed in a timely manner,
. Nextel Communications hired the landscape architect and he was directed to prepare
plans for areas - as outlined in the diagram from the City - requiring landscape and
irrigation,
. The landscape architect came back to us shortly there after and let us know that "no
street plans" were available from either the City or the County and that an engineer
would have to be hired to survey and prepare plans.
UP 97-15 Extension Request
Page 1 of3
11
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...-. ...------¡-.-- ...._.
NEXrEL:
Ms. Barbara Ryan
City of Campbell
August 10, 1999
Page Two
.:. In concert with condition no. 10, we also started working with the City and County on the
issue of maintenance.
. We were told by the County that they would not maintain the landscaping and that
the City has no maintenance agreement with the County to maintain this area.
. This created a serious dilemma because we were required to install and maintain the
landscape by the City but the City provided no vehicle for us to comply with the
conditions,
.:. We have not submitted construction drawings for our proposed telecommunication facility
until the landscape issues have been addressed. This has created a significant hardship for
Nextel Communications in the compliance with the time limit established by the City. We
have identified multiple issues regarding the installation and maintenance of the landscape
that are unresolved, as follows:
. Nextel is unable to provide funding for the long term maintenance until a scope of
work has been developed.
. The City will not maintain because they have no jurisdiction nor do they have a
maintenance agreement with the County.
.. Pulte Homes is not required to provide long term maintenance.
. There is no water available for tie-in to supply irrigation to the median or to the right
of way area,
. The municipal transportation company has jurisdiction for the area around the bus
stop,
. The water district does not want landscaping within 50' of their maintenance access.
They also do not want us to cross the charmel with inigation piping,
UP 97-15 Extension Request
Page20f3
-------'--"'--'--- ...-. .---... - . --.--
ì'
NEXrEL:
Ms. Barbara Ryan
City of Campbell
August 10, 1999
Page Two
In accordance with condition S.F. of Planning Commission Resolution No. 3146, Nextel
Communications has made a good faith effort to work with the Santa Clara Valley Water District,
the Santa Clara County municipal transit authority, Pulte Homes, and the City of Campbell to
fmd resolution to the issues outlined above. We have been unsuccessful to date in this effort and
we do not see any resolution in the near tenD. Nextel is prepared to continue 'in good faith' to
work out the issues and meet our obligations. In order to do so we will need an extension to our
use pennit.
Nextel Communications is requesting an administrative extension to December 31, 1999 in order
to comply with the conditions of approval as mandated by the City. We are also requesting that
we be allowed to go through the plan check process and construct our telecommunication facility.
We would agree to a condition that the city hold up our final inspection until a resolution to the
conditions has been agreed to by all parties.
We appreciate your assistance in this matter and should you have any questions please do not
hesitate to contact me at (510) 208-8618.
Respectfully Submitted,
<
íYldodL{ ~
Melody Blaisdell
Construction Manager
:meb
Cc:
Steven Schanck, Construction TL
Heinz A. Lumpp, Zoning TL
UP 97-15 Extension Request
Page 3 of3
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Nexte. Communications
475 14th SI., Suite 200
P.o. Box 70183 f
Oakland. CA 94612
510645.1400 FAX 510 645.1419
LEITER OF AUTHORIZATION
TO:
CIlY OF CAMPBELL
APPLICA nON FOR ZONINGIUSElBUlLDING PERMIT
Scott M. Cooley, as owner of the below-described property, does hereby appoint Smart SMR. of
California, Inc. as agent for the purpose of consummating any application necessary to ensure their
ability to use and/or construct improvements to the property leased, or licensed, to them for the purpose
of constructing a communications site, I understand that the application may be denied, modified or
approved with conditions and that such conditions or modifications must be complied with prior to
issuance of building pennits,
I hereby authorize employees of the City of Campbell to enter upon the subject property during nonnal
business hours as necessary to inspect the property for the purpose of processing this application,
Located at:
700 W. Hamilton Avenue
Assessor's Parcel Number:
307-39-037
Signature of Property Owner:
---- ¿;:::::..:::
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Date:
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Site #:CA-0890C
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CITY OF CAMPBELL
Community Development Department. Current Planning
April 24, 1999
Mr. Heinz Lump
Nextel Communications
Systems Development
475 14th Street
Oakland, CA 94612
Subject: Landscaping for Antenna at 700 W. Hamilton Avenue
Dear Mr. Lump,
Over one month has passed since Nextel was granted an Administrative Extension,
Considering that it will take time for the landscape plan to be approved by the County and the
Flood Control District (within 50 feet of District channel), and to install the landscaping, we
are surprised to not have received a proposed plan, as yet. You had indicated that you were
concerned about having adequate time to complete the project,
When last we talked, you were in contact with the finn which submitted a plan for the
median for Pulte Homes, The County will not offer comment until it has a plan to review, -We
do know that where irrigation cannot be placed at least 7 feet from the curb, an underground
cutoff wall is required to prevent the water fÌ'om undermining the street,
A diagram of the area within the County right-of-way was provided you on 3/11/99, when the
extension was granted, I have enclosed a copy of an aerials indicating both the County land
and the on-site areas to be landscaped.
Please give me a call to inform me of the status of the project.
,r: íT --
~bara Ryan
encl.
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790
County of Santa Clara
Roads and Airports Department
Land Development Services
101 Skyport Drive
San Jose, California 95110
March 15, 1999
RECEIVED
/Mr, Tim Haley
Campbell Community
Development Department
70 North First Street
Campbell, California 95008
MAR 1 6 1999
CITY OF CAMPBELL
PLANNING DEPT.
Subject:
Landscaping Plan within
San Tomas Expressway Median
Dear Mr, Haley:
Your February 19, 1999 Transmittal along with the plan entitled, "Cambridge Park San Tomas
Expressway Median Island" has been reviewed, Our comments are as follows:
Your submittal is in response to the Condition No. 4(D) ofEXIDBIT C, Page 2, According to
this Condition, the City has required that the developer install landscaping within the median of
San Tomas Expressway south of Hamilton Avenue,
Before we issue specific comments on the landscaping and irrigation plan, we are listing our
, typical requirements for any landscaping plan with a County expressway. The salient features
\
are: ¡,
. The irrigation lines and sprinkler system to be located a minimum of 7ft, from the face
of curb or the edge of pavement.
. All landscaping plantings to be drought tolerant.
. The City's water conservation goals should be met.
. The County should review and approve the landscaping plan and the developer should
enter into a landscaping and maintenance agreement with the County.
Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall, Jr., S. Joseph Simitian
County Executive: Richard Wittenberg
~
,...,
Mr. Time Haley
Page 2
March 15, 1999
From above, it will be observed that the existing median width of San Tomas Expressway is not
adequate to satisfy the requirement of the first bullet above, An alternative based upon concrete
cutoff wall, so as not to damage subgrade and roadsection, has been acceptable to the County
where the minimum 7 ft, clearance criteria can not be met.
The County is following the above policy in the cases where a jurisdiction has conditioned a
development to install landscaping, Typically, the requirements are to install landscaping in the
border areas of the expressway.
Recently, the County Board of Supervisors have adopted a Policy on requests from cities for
landscaping within the expressways, based upon funding participation, We have enclosed a
Transmittal Memorandum dated February 10,1 999 for your information,
We thank you for the opportunity to review this matter, Please call me at 573-2462 if you have
any questions,
-
As ok Vyas
Project Engineer
AA V:rtj
Attachment
cc: RBP
DEC
AKC
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File
"
County of Santa Clara
Hoads and Airports Department
I () I SkYPorl Drive
S~I\ Jose. CillifomiCl 05 I 1 0-1 :~O2
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\" Prepared by:
Reviewed by:
Submitted by:
TRAN~Mn tAL MEMORANDUM
Page 1 of 4
Michael 1. Murdter
Michael L Murdter
Michael 1. Murdter
S.D. All
City: All
Date: February 10, 1999
COUNTY BOARD OF SUPERVISORS:
Agenda Date:
February 23, 1999
Item No.
FROM:
~'~'^MiChael 1. Murdter, Director
Roads and Airports Department
SUBJECT:
POLICY RECOMMENDATION ON REQUESTS FROM CITIES FOR
ADDITIONAL EXPRESSWAY LANDSCAPING OR FUNDING
PAR TICIP A TION IN EXPRESSWAY LANDSCAPING PROJECTS
RECOMMENDED ACTION:
It is recommended that the Board of Supervisors adopt the following policy recommendation concerning
requests from cities for landscaping on the Expressways or funding participation in Expressway
landscaping projects:
1. Retain the existing policy contained in Amendment No. 18 to the Expressway Policy
Resolution (i.e. continue to allow cities to install landscaping at their own expense and assume
resp<?nsibility for maintenance upon execution of a Landscaping Maintenancç. Agreement.
Reimburse the jurisdiction for the maintenance at a rate not to exceed the County's annual per
acre cost of maintaining its own landscaping).
2. Modify Amendment No. 18 to add an option for the County to participate in the initial
landscaping installation costs if the city agrees to pertonn the maintenance at its own expense
via a Landscaping Maintenance Agreement (similar to the City of San Jose project at Capitol
Expressway). The initial cost of new landscaping projects will be split 50% County/50% City,
with the County share to be split 50% General Fund/50% Road Fund, with a maximum annual
County contribution (General Fund plus Road Fund) of$50,000 or as determined annually by
the Board.
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Page 2 of 4
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DATE: February 10, 1999
CO UNTY BOARD OF SUPERVISORS AGENDA DATE:
February 23, 1999
SUBJECT:
POLICY RECOMMENDATION ON REQUESTS FROM CITIES FOR
ADDITIONAL EXPRESSWAY LANDSCAPING OR FUNDING
P ARTICIP ATION IN EXPRESSWAY LANDSCAPING PROJECTS
FISCAL IMPLICATIONS:
The impact to the County General Fund and the Road Fund would be $25,000 per year each, for a total
impact of$50,OOO.
CONTRACT mSTORY:
Not applicable.
REASONS FOR RECOMMENDA TIONIBACKGROUND:
The County's expressway system traverses many of the incorporated cities in the County. These cities
take a keen interest in issues involving the expressways including the level of landscaping provided and
maintained by the County. From time to time these cities approach the Roads and Airports Department or
the Board of Supervisors with requests for landscaping or funding participation in a landscaping project.
The Department was requested by the Board to develop a policy recommendation for handling these types
of requests and presented an initial policy recommendation to the Housing, Land Use, Environment and
Transportation Committee on January 21, 1999. The Committee requested that additional information
concerning the total cost oflandscaping the expressways be presented at the February 18, 1999
Committee meeting. 1
Background
The 1960 County of Santa Clara Expressway Policy Resolution and subsequent 1961 bond issue did not
fund landscaping on the expressway system. In 1969 the Board of Supervisors adopted Amendment No.
18 to the Expressway Policy Resolution (attachment 1) which established a policy conce.!'ßÎng funding for
expressway landscaping. The policy states that if a local jurisdiction provides expresswãy landscaping at
its own expense and agrees to maintain said landscaping, then the County will reimburse the jurisdiction
for the maintenance at a rate not to exceed the County's annual per acre cost of maintaining its own
landscaping. Pursuant to the Amendment, the County has entered into a number of Landscaping
Maintenance Agreements since 1971 with cities that have desired a higher level of landscaping than the
County could provide. A total of 44.5 acres of expressway landscaping are maintained by various cities
under this type of arrangement, with total annual reimbursement by the Department of approximately
$168,000 ($3,777/acre/year).
In a variation of the above arrangement, the County has participated in funding the initial cost of
landscaping improvements in conjunction with a city whereby the city agrees to assume responsibility for
I ThIS transmiltal was prepared prior to the Febmary 18. 1999 HLUET Committee meeting but will be heard by the Board after
that meeting.
Page 3 of 4
DATE: February 10, 1999
COUNTY BOARD OF SUPERVISORS AGENDA DATE:
February 23, 1999
SUBJECT:
POLICY RECOMMENDATION ON REQUESTS FROM CITIES FOR
ADDITIONAL EXPRESSWAY LANDSCAPING OR FUNDING
PAR TICIP A TION IN EXPRESSW A Y LANDSCAPING PROJECTS
maintenance (without reimbursement) via a Landscaping Maintenance Agreement. This occurred most
recently with the City of San Jose on Capitol Expressway. The City and the County (General Fund) each
funded 50% ($76,000) of the $152,000 éstimated cost of the landscaping improvements.2
The County also has existing agreements with private concerns whereby the private concern assumes
responsibility for landscaping improvements and maintenance along the expressway, either by their
request or because they have been conditioned by the City as part of their development. No
reimbursement by the County is included in these agreements. A total of approximately five acres of
expressway landscaping are maintained under this type of arrangement.
The Department currently maintains approximately 100 acres of expressway landscaping (most of which
do not have irrigation systems) at a total annual cost of approximately $378,000, The Department
estimates that an additional 50 - 60 acres of expressway right-of-way remain without landscaping, A
rough cost to install landscaping (including irrigation systems) is $34,000/acre. Therefore, the total cost
to complete the landscaping on the expressways is in the neighborhood of $2,000,000.
In su mmary:
. The Department maintains approximately 100 acres of expressway landscaping at a cost to the
Department of$378,000,
. Various cities maintain 44,5 acres with reimbursement from the Department of$168,000,
. Private concerns maintain approximately 5 acres with no reimbursement from the Department,
and
. Approximately 50 - 60 acres remain to be landscaped
Policy Options
The following policy options are presented for the Board's consideration:
~
.
Option A: Retain the existing policy contained in Amendment No. 18 to the Expressway Policy
Resolution without any modifications (i.e. continue to allow cities to install landscaping at their own
expense and assume responsibility for maintenance upon execution of a Landscaping Maintenance
Agreement. Reimburse the jurisdiction for the maintenance at a rate not to exceed the County's
annual per acre cost of maintaining its own landscaping). Requests for County funding participation
in the initial installation costs would not be considered. This option would have no impact on the
General Fund or the Road Fund beyond what is currently experienced.
.
Option B: Retain the existing policy contained in Amendment No. 18 to the Expressway Policy
Resolution but modify it to add an option for the County to participate in the initial landscaping
installation costs if the city agrees to perform the maintenance at its own expense via a Landscaping
2 The Department is currently awaiting the landscaping plan and cost sharing agreement from thc City of San Josc.
Page 4 of 4
. .
DATE: February 10, 1999
COUNTY BOARD OF SUPERVISORS AGENDA DATE:
February 23, 1999
SUBJECT:
POLICY RECOMMENDATION ON REQUESTS FROM CITIES FOR
ADDITIONAL EXPRESSWAY LANDSCAPING OR FUNDING
PARTICIPATION IN EXPRESSWAY LANDSCAPING PROJECTS
Maintenance Agreement (similar to the City of San Jose project at Capitol Expressway).
option, the following issues must be determined:
(1) Cost share (County percentage vs. city percentage)
(2) Source of County share (General Fund, Road Fund, etc.)
(3) Total annual County spending cap
Under this
Option B is recommended because it gives the County the most flexibility.
Although there is severe pressure on the Department's operating budget including unmet pavement
management needs and over $11,000,000 in unfunded stonn damage projects, the Department
recognizes that the appearance of the expressways should contribute positively to the community and
that attractive landscaping should be an integral part of the expressways' appearance, Therefore, the
Department is prepared to contribute to joint landscaping projects. One possible scenario is for the
initial cost of new landscaping projects to be split 50% County/50% City, with the County share to be
split 50% General Fund/50% Road Fund, with a maximum annual County contribution (General Fund
plus Road Fund) of$50,000 or as detennined annually by the Board.
CONSEQUENCES OF NEGATIVE ACTION:
The County will not have a policy on requests from cities for additional expressway landscaping
STEPS FOLLOWING APPROVAL:
Send one executed copy of transmittal, with notification of Board action affixed, to Ruby Johnson, Roads
and Airports Department.
""!
Attachments
'..-
70 N. First Street, Campbell CA 95008 FAX (408)866-8381
City of Campbell
Fax
To: Heinz Lump
Fax: 510-208-9423
From: (408) 866-2193
Re: Status
From: Barbara Schoetz Ryan
Pages: 2
Date: 3/11/99
cc:
In answer to your several questions:
1. The year for completion in the Planning Commission permit conditions provides the time for
required studies, landscape and construction plans, and the installation. In the case of the use
permit for the tree antenna, the study regarding the antenna height was completed on 8/18/99.
The permit did not expire until 2/10/99. This provided Nextel6 months to complete the installation
of the antenna, and to submit plans for and to install the landscaping. Nextel chose to use those six
months to evaluate another alternative to the tree antenna.
The Director is willing to administratively grant a maximum extension of 5 months onto Condition 12
(until 7/10/99), in consideration of the height study, provided that Nextel submits landscape
improvement plans and construction plans in a timely manner.
2. The off-site landscaping may be bonded for if there is a delay caused by the County's review.
3. The offside landscaping screening area for which Nextel is responsible is indicated on the attached
diagram. This is a copy of the diagram which was faxed to Peter Hilliard of Nextel by me on
4/10/98. Since that time Pulte Homes has been approved for development on the east side of the
San Tomas Expressway. It has been determined that Pulte Homes will be responsible for the
landscaping of the median parallel to the length of the frontage of their property. This extends
approximately 750 feet south from the centerline of Hamilton Avenue. Therefore, that portion of the
landscaping is removed from Nextrel's responsibility.
4. Please have your landscape architect proceed with the preparation of landscape and irrigation
plans for both on-site landscaping and off site. The County has indicated it will respond only to
submitted landscape plans. We have determined that the County has not completed its review of
the Pulte landscape plans to date. We suggest that you not wait until we hear from them before
submitting yours. You will need to have an engineer determine the existing field dimensions and
improvements as the County has indicated they are unable to find the improvement plans for this
section of the parkway.
If you have any further questions, please call me at 866-2193.
70 N. First Street, Campbell CA 95008 FAX (408)866-8381
Fax
U?~
~J"(
To:
Peter Maushardt, GTE
From: Barbara Ryan
Fax:
925-904-3513
Pages: 1
Phone: (408) 866-2193
Date: 3/8/99
Re:
GPS Antenna
cc:
The Planning Department hereby approves the proposed small GPS antenna to be 1000ted on the side
of the GTE equipment building on the top of the building at 100 W. HamHton Avenue. '
This approval if subject to the following conditions:
1 . The height and location is to be such that it will not be visible from ground elevation from any of the
surrounding properties and roadways.
2. The applicant will obtain a building permit for the antenna prior to installation.
Each installation in Campbell for such antenna is required to be submitted for review and approval by
the Planning Department as well as to obtain a building permit.
If there are any questions, pleas give me a call at 408-866-2193.
70 N. First Street, Campbell CA 95008 FAX (408)866-8381
City of Campbell
Fax
~
!? ~(.....
()
To: Peter Maushardt, GTE From: Barbara Ryan
Fax: 510-904-3513 Pages: 1
.
From: (408) 866-2193 Date: 3/4/99
Re: GPS Antenna cc:
The information we received is difficult to read, and does not appear to provide the information our
Telecommunications Ordinance requires. I have put a copy of the ordinance in the mail to you today.
Staff may approve "Stealth" antennas with a Site and Architectural Review Permit; otherwise, the
permits require a Use Permit and SARP by the Planning Commission. We have no wireless antenna
facility waivers. .
In particular, the letter from San Jose appears to indicate that the installation involves more than a 3.88
inch antenna; that it is 18" tall.
There is no dimensioned diagram of the entire apparatus to be installed, e.g. a section through the
building facade and roof. There is also not a building elevatiion. The location on the roof cannot be
determined. It also cannot be determine whether any part will extend above the roofline/parapet. There
is no mention whether there is to be any equipment building to provide support for the antenna.
Facade Mount
If the unit is mounted on the facade, does not extend above it, is painted the color(s) of the building
against which it is mounted, is textured to match, and is designed and located relative to the building
architecture so that it blends in so as to not be noticeable (camouflaged), it will be considered a "stealth"
facility, approvable by staff. In some cases, "dummy" elements may be needed to make the unit look
as if it is part of the architecture.
~
"-
70 N. First Street, Campbell CA 95008 FAX (408)866-8381
City of Campbell
Fax
To: Heinz Lump From: Barbara Scheetz Ryan
Fax: 510-208-9423 Pages: 10
From: (408) 866-2193 Date: 2/18/99
Re: Minutes PC 2/10/98 cc:
I have not included the exhibit from the PC Report, as the conditions of approval required amendment
of its appearance considerably, namely:
Condition 15:
. Branches to extend down the trunk to a minimum height of 35 feet.
. The shape of the antenna tree to be configured to better fit with that of the surrounding existing and
future trees, Le. more conical in shape, with the trunk to be tapered to a more natural appearing
width at the top. (Note on page 10 of the Planning Commission minutes, second line from the
bottom, that it was noted by a Commissioner that 5 feet of foliage between the top of the antenna
and the top of the tree would be insufficient).
Condition 1:
. Bark trunk
. Top height to be at 57 feet
Other items before tree may be approved:
Condition 6: Tree protection plan by the licensed arborist (Judith L. Thomas) Details to be included
listed, with requirements from to be made a part of the grading/construction plans.
Condition 5: Detailed landscaping and irrigation plan to be submitted for review and approval.
. Landscaping off site on San Tomas Expressway, to screen/blend antennas
. Landscape plan submitted to be enriched by the addition of more redwood trees to be located
southwest of the antenna, and additional shrubs to be planted under the deodar.
. Minimum size of redwoods to be 36" box, or shrubs to be 5 gallons.
Plannina Commission Minutes
As you can see, the tree was almost not approved, as several commissioners wanted to wait for the
Telecommunications Ordinance to first be approved, there was concern that the tree could look too
fake, that the tree pole was too tall to blend in, that its shape would not blend with the other trees, and
that the Monterey pines which provide the camouflage would soon die before the new trees could grow
tall enough to blend the pole.
Dave Hardy, of Nextel, offered to lower the height at the meeting, and said that Nextel would not object
to the planting of trees in the San Tomas Expressway median, as well as the other additional
landscaping.
{k
Planning Commission Minutes of February 10, 1998
Page 4
2.
UP 97-16
Hardy, D.
Public Hearing to consider the application of Mr, David Hardy, on
behalf of Nextel Communications, for approval of a Conditional Use
Permit (UP 97-15) to allow the installation of a wireless antenna tree
and equipment building on property located at 700 W. Hamilton
Avenue in a C-2-S (General Commercial) Zoning District. This
project is Categorically Exempt. Planning Commission Decision
Final, unless appealed in writing to the City Clerk within 10 days.
Ms. Barbara Schoetz Ryan, Planner I, presented the staff report as follows:
. The applicant is seeking approval to install a 60-foot wireless antenna tree with 12 antennas
on it.
. This installation will include a 200 square foot equipment building located 100 feet from San
Tomas Expressway, 40 feet north of Gale Drive, atop a 5-foot high landscape mound.
. Surrounding uses include offices to the south, townhomes to the east, Gold's Gym to the west
and the Best Products site across the expressway.
. The applicant proposes to camouflage this antenna as a pine tree at the property owner's
request. The antenna tree will be located at the center of a grove of trees but will be taller
than the trees.
. From a distance, this antenna tree will not be too noticeable but from 100 feet or closer, it
will be fairly obvious.
. The antenna is proposed at 60 feet in height. The applicant may rent space on the lower
portion of the pole to another cellular provider.
. Staff recommends lowering the height of the pole and better configuring the tree to blend in
with the other live trees in the grove. Additionally, staff recommends that shrubbery be
planted to obscure the equipment.
. Staff has distributed an additional Condition of Approval that was inadvertently left out of
the original Conditions which addresses the appearance of the antenna tree.
. Staff proposes a five-year limitation.
. This project was reviewed by SARC on January 20, 1998, SARC expressed concerns about
the height and size of the antenna, finding it noticeably artificial. SARC prefers a monopole
installation.
. This project is exempt from CEQA,
Chairman Lowe stated that this is the third type of antenna installation considered by the
Commission and wondered if there are any City standards to compare them,
Ms. Barbara Ryan advised that staff is in the process of drafting a Telecommunications
Ordinance.
Ms. Sharon Fierro, Senior Planner, advised that she has collected ordinances from other
California cities and has begun work on a draft for the City of Campbell,
-
- ..
Planning Commission Minutes of February 10, 1998
Page 5
Chairman Lowe asked when this might be completed.
Ms. Sharon Fierro advised that the draft is 85 percent complete, Staff is seeking authorization
from Council at its March 3n1 meeting to proceed with the draft ordinance,
Commissioner Gibbons asked how long before the Ordinance could become effective if
authorization to proceed is obtained ftom Council.
Ms. Sharon Fierro replied that it could be finalized in four months,
Commissioner Francois asked Ms, Fierro if the application under consideration this evening
generally complies with the sample ordinances ftom other cities. .
Ms. Sharon Fierro:
. Advised that in some cases there is a requirement for the applicant to hire an independent
consultant to evaluate the technology and determine whether proposed antennas can be
lowered.
\' ,I
. Added that San Jose welcomes antenna applications but they don't want to see the antennas.
. Stated that staff will recommend the use of independent consultants to advise on these
applications.
Commissioner Jones presented the Site and Architectural Review Committee report as follows:
. SARC reviewed this project on January 20th and is not in favor due to the size and mass.
. Advised that SARC believes that a monopole looks better.
. Expressed concern that this is a visible location and SARC is hesitant to go for this project.
Chairman Lowe opened the Public Hearing for Agenda Item No, 2.
Mr. David Hardy, Applicant:
. Said that the radio frequency engineer told him that they would like to reduce the proposed
antenna to 57 feet. The antennas would be at 52 feet with five feet of foliage.
. Advised that as the trees surrounding this antenna grow, screening will be increased and the
antenna will blend in better.
Chairman Lowe asked staff if this is not too significant a change at this late date,
Mr. Steve Piasecki advised the Commission to listen to the applicant's proposal. The
Commission may find the need for a continuance, find that they cannot support the application or
find that they can support and approve it this evening.
Planning Commission Minutes of February 10, 1998
Page 6
Mr, David Hardy:
. Stated that he hoped the reduction in height will be beneficial,
. Advised that the last minute lowering of the antenna is the result of Nextel taking a harder
look at how it uses its frequencies. They have to be more efficient.
. Urged approval with the amended condition for a top height of 57 feet to blend in better and
make the landlord happy.
Commissioner Francois sought clarification on the amended proposed height.
Mr. David Hardy answered that the height of the antennas is at 52 feet with five feet of foliage
above.
Commissioner Francois asked if the applicant was willing to install additional landscaping in the
medium,
Mr. David Hardy answered that they never object to planting trees,
Commissioner Francois stated that the height and visibility is of concern to him,
Mr. David Hardy advised that there are trees ranging from 42 to 50 feet in height in this grove,
Over time, the antenna tree will better blend as the live trees grow higher, Added that they are
willing to provide additional planting.
Chairman Lowe asked about the beetle infestation affecting pine trees and who would be
responsible for replanting trees that die.
Mr. David Hardy advised that the arborist they have consulted with is not sure the trees on this
site are suffering from the beetle infestation. Stated that they are proposing to plant redwoods.
Ms. Barbara Ryan advised that the tallest existing tree is a Monterey Pine that is 50 feet tall.
Staff is recommending that the top of the tree antenna not be so square.
Commissioner Meyer-Kennedy advised that the greenery stops higher up the tree antenna than
on a real tree.
Ms. Barbara Ryan said that staff has already lowered the greenery and hopes to lower it further,
Commissioner Meyer-Kennedy said that she hopes it will look like other trees, ./ {,-.. . !'
,~ .,-.J
Ms. Barbara Ryan said that a condition is in place to require the antenna tree to be shaped to
blend in. The applicant is proposing a top height of 57 feet. Staff is proposing a top height of 50
feet.
Planning Commission Minutes of February 10, 1998
Page 7
Commissioner Gibbons:
. Stated that size and proportion of this tree antenna are important factors. Said that the
diameter of the trunk is massive and painted brown,
. Said that the applicant has done a good job with the plans and providing information,
. Advised that the beetle infestation is making its way down San Tomas Expressway.
. Despite the best efforts of the applicant, said that she finds that this installation is
inappropriate due to its mass and the visible location.
Commissioner Meyer-Kennedy asked if the proposed antenna tree is as massive as the one in {L-
Walnut Creek.
Chainnan Lowe asked about the composition of the tree branch materials and the impacts of high
wind on the antenna tree. Wondered if falling branches pose a hazard to people walking below,
Mr. David Hardy said he did not know but that the antenna trees are generally installed in areas
in which few people walk. Was not sure if the branches are welded on or bolted onto the pole,
Chainnan Lowe asked what materials are used,
Mr. David Hardy advised that the branches are steel with fiberglass coating,
Ms. Sharon Fierro advised that Nextel will have to meet building code requirements. When
reviewing the Lawrence site, Barbara Ryan found no observable damage.
Commissioner Lindstrom asked for a comparison between this proposed installation and the
Pleasant Hill installation depicted on Attachment 6.
Commissioner Gibbons advised that the Pleasant Hill tree pole is lower than the surrounding
trees while this pole will be taller,
Mr. David Hardy added that the Pleasant Hill antenna is located on a hill and extra height is not
needed.
Commissioner Lindstrom:
. Asked whether additional foliage can be added to make the shape more conical,
. Advised that he went to look at the Lawrence installation and found that he had to look for it
to find it. Once you find it, it looks like a plastic Christmas tree,
. Said that he spoke with a local resident who lives near the Lawrence tree antenna. This
person had never noticed it,
;' ~
Commissioner Meyer-Kennedy added that as Commissioners, they are trained to look for things
like this. A regular person doesn't. Suggested branches lower than proposed,
Planning Commission Minutes of February 10, 1998
Page 8
Ms, Lucy Chai, Owner, 762 Gale Drive:
. Said that she received hearing notice for tonight's meeting and appreciated the consideration
being taken by the Commission in reviewing this application,
. Advised that she is a cell phone user herself but asks that the Commission wait for the
completion of the Telecommunications Ordinance so that this antenna complies with its
eventual provisions rather than being non-conforming.
ChaÌIman Lowe closed the Public Hearing for Agenda Item No.2.
Commissioner Kearns:
. Suggested a more conical shape, blending in the trunk through the use of a bark-like
material.
. Said that she understands the necessity for cell phones and the antennas to achieve range of
service.
. Said that she hates to stand in the way of providing such service,
Commissioner Lindstrom asked for additional infonnation about adding bark-like covering to the
antenna pole.
Ms. Sharon Fien-o advised that some communities have this bark on its antenna poles. Staff is
recommending the use of such bark. The site on Lawrence does not include it.
Ms. Barbara Ryan said that the addition of shrubs and trees, the use of bark on the pole will help
to blend in the antenna tree.
Commissioner Jones:
. Said that he is concerned that they are operating blind,
. They are not knowledgeable about technology and what works or doesn't work,
. Suggested waiting for completion of the Telecommunications Ordinance for direction.
. Said that he likes the idea of an independent consultant to come in and review such
applications.
. Said that he would like to see a moratorium on antenna installations, Is it possible to make
such a motion.
City Attorney William Seligmann advised that Council would be the body to enact such a
moratorium if the findings can be made that health and safety are being adversely affected. The
Commission can recommend that Council take such action.
Commissioner Jones asked when it would be proper to make this proposal.
City Attorney William Seligmann answered that an advisory recommendation can be made to
Council either before or after the vote is taken on this agenda item.
Planning Commission Minutes of February 10, 1998
Page 9
Chairman Lowe suggested tabling this item until the Ordinance is complete.
City Attorney William Seligmann advised that tabling is not proper. A short continuance may be
proper to see if Council is interested in enacting a moratorium. However there is no moratorium
in place now. If the Commission feels more information is required on this application. some
grounds for continuance are required.
Commissioner Gibbons said that she does not know what other options are available, Said that
the other installations are in locations not similar to this proposed site.
Chainnan Lowe proposed a motion for denial of this application,
City Attorney William Seligmann advised that the Chair cannot make the motion unless he
yields the gavel.
Chainnan Lowe said he would not do that.
Steve Piasecki, Community Development Director, advised that findings would be required,
City Attorney William Seligmann pointed out that draft findings for denial are included in the
staff report.
Motion:
Upon motion of Commissioner Jones, seconded by Commissioner Gibbons,
the Planning Commission voted to deny a Conditional Use Permit (UP 97-16)
to allow the installation of a wireless antenna tree and equipment building on
property located at 700 W. Hamilton Avenue by the following roll call vote:
AYES: Gibbons, Jones, Lowe,
NOES: Francois, Kearns, Lindstrom, Meyer-Kennedy
ABSENT: None
ABSTAIN: None
The motion failed for lack of a majority.
Chairman Lowe advised the Commission that the last Nextel antenna application approved by
the Commission was appealed to Council.
Commissioner Jones asked ifhe can make the motion that Council enact a moratorium.
City Attorney William Seligmann advised that this motion would not resolved the issue of this
application.
Commissioner Lindstrom pointed out that the applicant clearly wants to address the Commission
once agaIn.
-'
Planning Commission Minutes of February 10, 1998
Page 10
Chainnan Lowe stated that he was not willing to reopen the hearing at this juncture,
Commissioner Lindstrom asked if Chairman Lowe would reconsider since he is asking as a
member of the Commission.
Chainnan Lowe agreed to that request and reopened the Public Hearing for Agenda Item No, 2.
Mr. David Hardy, Applicant:
. Said that he has been "chomping at the bit" since the mention of a moratorium,
. Suggested that under the Brown Act, this possibility should be included on the agenda so that
interested people can be present.
. Opined that most things contained in an Ordinance can be achieved through the Conditions
of Approval.
. Warned that with such an Ordinance, instances will arise when applications will not have to
come to the Commission if compliance with the Ordinance provisions is achieved.
. Said that this is a separate agenda item.
Chainnan Lowe asked the City Attorney if this perception was correct.
City Attorney William Seligmann advised that this is an ancillary issue. If Council decides to
enact a moratorium, the matter would be noticed, At this time, this is a procedural matter, a
request to Council, and as such is not in violation of the Brown Act.
Commissioner Lindstrom suggested that efforts be taken to blend the tree antenna into the grove
of trees to better fit. The tree antenna should be more like the shape of a tree with branches
extending down the pole/trunk. Asked if Mr. Hardy is aware of the Conditions,
Mr. David Hardy said that he is aware of the Conditions,
Commissioner Gibbons sought clarification that the top height being requested is 57 feet.
Mr. David Hardy reiterated that the antennas would be positioned at 52 feet with 5 feet of foliage
above the antennas.
Commissioner Gibbons said that 5-feet of foliage is insufficient.
Chainnan Lowe re-closed the Public Hearing for Agenda Item No.2.
Planning Commission Minutes of February 10, 1998
Motion:
Page 11
Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner
Lindstrom, the Planning Commission adopted Resolution No. 3146
approving a Conditional Use Permit (UP 97-16) to allow the installation of a
wireless antenna tree and equipment building, with the maximum height of
57 feet (antennas at 52 feet with 5-feet of foliage) and the use of bark on the
base of the pole, on property located at 700 W. Hamilton Avenue by the
following roll call vote:
AYES: Francois, Kearns, Lindstrom, Meyer-Kennedy
NOES: Gibbons, Jones, Lowe
ABSENT: None
ABSTAIN: None
Commissioner Jones re-stressed that the Ordinance is only three months away. This is a very
visible location in the City.
Chainnan Lowe expressed agreement.
Motion:
Upon motion of Commissioner Jones, seconded by Commissioner Gibbons,
the Planning Commission voted to recommend, by minute action, that the
City Council place a moratorium on future antenna applications until the
City has adopted and enacted a Telecommunications Ordinance. (6-1;
Commissioner Lindstrom voted against.)
***
Chainnan Lowe read Agenda Item No.3 into the record,
Public Hearing to consider the application of Pacific States Capital
Corporation for approval of a Tentative Parcel Map (pM 97-10) to
merge three parcels and the Reinstatement (R 97-06) of a Site and
Architectural Approval (S 96-16) and Conditional Use Pennit (UP 96-
18) to allow the construction of a 95,000 square foot mini-storage
facility and incidental manager's living unit on property located at 50,
98 and 110 Curtner Avenue in an M-I-S (Light Industrial) Zoning
District. This project is Categorically Exempt. Planning Commission
Decision Final, unless appealed in writing to the City Clerk within 10
days.
PM 97-10/
R 97-06
Pacific States
Capital Corporation
3.
\.-.
--.,
70 N. First Street, Campbell CA 95008 FAX (408)866-8381
City of Campbell
Fax
To: Heinz Lump From: Barbara Schoetz Ryan
Fax: 510-208-9423 Pages: 1
From: (408) 866-2193 Date: 2/11/99
Re: Tree pole, 700 W. Hamilton cc:
Sharon Fierro has referred your questions regarding the fax of the tree pole to me. I am familiar with the
past history of the project, having worked with Dave Hardy, Peter Hilliard, and Joe Wyman, as well as
on other aspects of the site with Scott Cooley, the owner. She said you had reviewed the file and were
familiar with the history.
Backaround As you can see from the minutes of the Planning Commission meeting of 2/10/98, the
approval of the tree pole passed on a 4-3 vote. The Commission had grave concems regarding an
artificial appearance as well as the height of the proposed tree pole. The approval was based upon
blending the tree into the area. The knowledge that entered into the vote included:
1. The trees now providing screening from the San Tomas Expressway side are Monterey pines, a
tree variety being decimated in Califomia by beetle infestation.
1. The tallest Monterey pine on the site is 50 feet, maximum.
2. The San Tomas Expressway is second only to State Route 17 in daily ADT, and thus an
"impression window" into Campbell.
Faxed Tree Pole Silhouette The tree pole in the fax appears to have the desired shape on top in order
to blend with those of the adjacent Montereys and Deodar, as directed by the Commission. The shape
which had been proposed to the Planning Commission was more of a bottle brush shape.
The faxed tree pole, however, will need the following adjustments, to meet the directions of the
Commissioners and the conditions of approval:
1. Branches are to be carried further down the trunk. The level of the lower branches should be that of
the adjacent trees on the site. We understand that no branches can be placed in the overlap area
between the two sections of the pole, but they can be placed below the overlap.
2. The maximum height to the top of the antenna is to be 52', and 57' to the top of the tree, with the
height to be lowered if review by an independent radio frequency engineer determined this could be
accomplished without hindering adequate signals. Nextel did drivebys for antennae at 40 feet and
50 feet. These were evaluated by Stealth Cellular, who agreed that the 50 foot height was
necessary .
3. The height limit includes any aspect which raises the pole above existing ground level, such as the
concrete base.
4. The trunk of the tree is to have the "bark" covering, not paint.
Please give me a call at the above number if you have any questions on the these items or other
aspects of the project.
MAR-OS' 99 (MONI 10:35
GTE MOBILENt]'
510 224 SlOG
---.- -.---
P.002
Peter W.Mausbardt
121 Madrid Way
Sonoma,Ca.95476
707-939-1427
Febrwuy 8, 1999
Ms. Barbara Ryan
City of Campbell Community Development
By Fax
,
Re: GTE Wireless addition of a 3.88 inch GPS receive antenna at Site San Thomas!
Hamilton, 700 W. Hamilton Ave., Campbell, CA. 95008
Dear Barbara,
In response to your question on the location of the 3.88 inch Global Positioning System
receive antenna will be mounted no more than 6 inches above the equipment room tI1at is
located in the middle of the roof The antenna will not be visible from any location on the
street.
This is J!Qta ceUular antenna. It simply reads satellite signals for latitude and longitude.
Please call me back if you have any other questions. My phone is 925-904-3412. My fax is
925-904-35 13,
RespeçtiWly,
pg{~
Consultant for GTEW
MAR-04' 99(THUI 09:55
GTE MOBILENET
510 224 8106
Peter W.MauslÍardt
121 Madrid Way
Sonoma,Ca.95476
707-939-1427
February 4. 1999
Ms. BaTbara Ryan
City of Campbell Community Development
By Fax
Re: GTE Wireless addition of a 3.88 ínch GPS receive antenna at Site San Thomas!
Hamilton, 700 W. Hamihon Ave., Campbell, CA. 95008
Dear Barbara,
GTE Wireless is currently underway with a project to install 3.88 inch GPS receive
antennas on many of their sites. Our pJan is to attach the antenna to the cable tray on the
shelter and it will not be visible to the public.
I have included a diagram/elevation ,along with the "cut sheet" of the antenna ,This
antenna wilJ be by 1 coiOOal cable to the radio . This is a receive antenna that assists the
site in handing off caDs to the switch and weiglu less than 1/2 pound . There is no
electrical service to the antenna. This works much the same way as a PM antenna would
to your home stereo .
It is our hope that the Campbell can approve this minor addition administratively and si&n
oft' on this below .There will be no çonstlUction of any kind in relation to this project .We
have consistently had the Building Pemúts waived for this minor work. The Cities of San
Jose. San Francisco, and Fremont, To name a few, granted GTE blanket waivers for these
small antennas.
Should you concur please acknowledge below and FAX the acknowledgment to me at
510-904-3513, Should you have any questions 1 can be reached at 510-904 -3412.
Thanks again for your assistance in this matter . A timely response will be greatly
appreciated.
Re~ry>
~~..-..
Peter MaushaTdt
Consultant for GTEW
By; Ç2 ~
Building Dept.
BY:
Barbara Ryan, Planner, City ofCampbe11
P.002
Stealth Cellular
TEL:7078237306
Nov 18 98
11:26 No,OOl P,O2
.-
LLULA~+
r,o, DOl f)21-G~TON-C^-95+IH
707-82a-73101707-lJ23 -7306FAX
August19,1998
City of Campbell
70 North First Street
Campbell, CA 95008-1423
ATTN:
Barbara Ryan
RE:
Nextel Communications Site #CA-890 (W. Hamilton)
Dear Barbara,
This document summarizes the findings of Stealth Cellular in the matter of the
proposed Nextel radio site # CA-890, The target of this project is to determine the
following:
Is the proposed antenna height necessary (what is the lowest possible height)?
In meetings with Nextel's site development and engineering departments, Stealth
Cellular reviewed the "in-building" and -in-vehicle" design requirements of the ESMR
service being provided by Nextel Communications, Additionally, Stealth Cellular
reviewed locations of existing and proposed Nextel radio sites in the area.
After review of Nextel's overall local market projected growth plan, RF prediction plots
and capacity plan, Stealth Cellular requested drive test data from Nextel for the
proposed site.
Two drive tests were performed by Nextel for the proposed radio site # CA-890. The
first test was performed with the antenna centerline at 50' above ground level (AGL).
The second test was performed with the antenna centerline at 40' AGL.
The drive test data is derived by placing a test antenna at the proposed height at the
location being tested, then driving around the area with special receivers and
computers which record the signal quality (strength) at regular intervals, thereby
creating a signal strength "map" of the actual performance from that location and
height. This method provides confirmation of performance predicted by special radio
analysis software,
Page 1 on
Independent evaluation of proposed Neste. radio Dte
';"'",'-"1"'"";,.",,..
',". '..
Stealth Cellular
TEL:7078237306
Nov 18 98
11:27 No.OOl P,O3
The drive test data indicates that the proposed antenna centerline height of 50' AGL is
barely sufficient to meet the targeted goals of:
a) Increasing signal coverage to provide sufficient quality of in-building coverage
b) Off-loading call traffic from sites currently serving the covered area
Both visual and numerical analysis of the data indicate that even with a SO' centerline,
the antennas will only marginally meet the targets only after the rest of Nextel's
proposed sites are finally installed. When the antenna centerline was lowered to 40',
the resulting loss of signal combined with the lowered traffic absorbing capability of the
location would prevent the site from meeting the system design requirements,
NOTE: It is not unusual for small differences in height to create disproportionately large
differences in performance. This is typical when the antenna centerline height
approaches the area's "ground clutter" (buildings, trees. small terrain features)
elevation as does the proposed site.
Is the site as proposed providing as little visual nuisance as practlçable?
In a field visit, the site's local conditions and characteristics were reviewed.
Topography of the local area was reviewed using maps provided by the city. The
existing tree locations and heights were observed for reference, The planned
introduction of trees and structures at the site was reviewed using documents and
drawings provided by the city.
After reviewing the characteristics of the proposed "treell antenna supporting structure,
as well as reviewing site plans for the location of the structures near the antenna pole,
Stealth Cellular believes that sufficient landscaping is planned for reducing the visual
impact of the site,
The height of the "tree" pole, if the radiation centerline of the antennas is at 50' will be
a total of 57' according to the engineers who manufacture the pole, This is due to
putting a roughly conical "cap" on the structure to make it look more natural. This height
is roughly 10 to 20 feet higher than the trees on the opposite side of San Thomas
Expressway. It is also about 20 feet higher than the trees located directly next to the
structure,
Since the antennas cannot be practically be lowered for some time, the only option
seems to be to the appearance of the antenna support structure. The "treell style adds
only a few feet to the height of the structure, while providing a more "natural"
appearance to the structure.
Alternatives available, Including the possibility of Installing more than one site
Several alternative site locations have already been evaluated by Nextel and the city,
For various reasons, each alternative site has been rejected by either the city or Nextel.
Page2of3
Independent evaluation 01 proposed Neste' radio lite
. -"":.<ii.",,, --': .,:.
Stealth Cellular
TEL:7078237306
Nov 18 98
11:28 No,OO1 P,O4
The city has already discussed the possibWty of having Nextel establish landscaping
"off-site" to help alleviate the visual impact of the "tree" antenna.
The costs, and particularly planning time, involved with placing multiple "'ower" sites
instead of this single "higher" site would be prohibitive,
.age3of3
IRdependent evaluatloD of proposed Nextel radio lite
-
O,,'C44
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-
----- .-.---_u
CITY OF CAMPBELL
Community Development Department
July 27, 1998
Peter Hilliard
Nextel of California, mc,
P.O. Box 70183
Oakland, CA 94612
Subject: Contract w/RF Engineer
Dear Mr. Hilliard,
Enclosed is your copy of the contract with Stealth Cellular, Please have a Nextel representative
sign the non-disclosure page (second page of Exhibit "A") and fax me a copy of that page,
Thank you,
Sincerely
~J'.77---
70 North First Street. Campbell, California 95008.\423 . TEL 408.866.2\30 . FAX 408.866.838\ . TOO 408.866.2790
7-17-19986:20PM
~M CITY. OF. CAMPBELL 4088668381
P,2
CONSULTANT CONTRACT
for HEIGHT EVALUATION of
NEXTEL OF CALIFORNIA, INC, ANTENNAS
This Agreement is entered into at Campbell, California on the --1.L day of July. 1998,
by and between the City of Campbell (hereinafter referred to as "Cityj and Stealth Cellular
(hereinafter refe1Ted to as "Consultant"),
WHEREAS, City desires to obtain consulting services for the purpose of determination of
the lowest possible antenna height for the installation of a Nextel of California, Inc,{'~extel")
antenna "tree", to be located on the Gale Drive side of the property located at 700 W. Hamilton
Avenue, Campbell, CA 95008, APN 307-39-037 (hereinafter referred to as "Project'j; and
WHEREAS, Consultant represents that it has the expertise, means and ability to perfonn
the project;
NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and
City agree as follows:
1. Duties of Consultant
1,1 Consultant agrees to perform the following services for the City:
A. Review characteristics of the proposed site, including a field visit, and review of
the topography map and plan of existing tree locations and heights (available from
the City),
B. Review location of existing and proposed Nextel antennas in the area.
C. Review characteristics of the proposed antenna "tree" (plans, and information on
the dcsigner and manufacturer available from the City).
D, Fami1iarize self with Nextel operational characteristics and requirements to obtain
adequate reception both in vehicles and buildings, based upon infonnation
provided by Nextel and Consultant knowledge of the industry and field,
E, Prepare a written report on fmdings and recommendations regarding the lowest
possible height for the antennas at the proposed "tree" location.
1.2 Consultant's project manager will meet with the City's project coordinator prior to
commencement of the project to establish a clear understanding of the working
relationships, authorities and management philosophy of City,
Consultant Agreement - Stealth Cellular
Page 1
7-17-19986:21PM
-
1M CITY. OF. CAMPBELL 4088668381 --
P.3
1.3 In performance of this Agreement, by Consultant, time will be of the essence; and the
services to be rendered by the Consultant shall be perfonned in accordance with the
following time schedule:
A. Work to commence within three (3) days of the signing of the document.
B. Preliminary verbal feedback provided within seven (7) days of commencement of
work,
C, Written report provided within foUL1een (14) days of commencement of work,
The schedule assumes that Nextel and the City provide consultant with the
information required in a timely marmer,
1.4 Notwithstanding Section 1.3, Consultant shall not be responsible for delay caused by
activities or factors beyond Consultant's reasonable control, including delays by
reason of strikes, work slow downs or stoppages, or acts of God.
1.5 Consultant understands and agrees that information provided by Nextel may be
proprietary and shall not be used in any mwmer other than for this project, nor
disclosed to any third party without Nexters express written consent. City and
Consultant shall enter into a Disclosure and Confidentiality Agreement in the fonn
annexed hereto as Exhibit A, with nextel, prior to Nextel releasing any information to
Consultant.
1.6 Upon written request, Consultant shall execute and deliver, or cause to be executed
and delivered, such additional instruments and documents which are necessary to the
performance of this Agreement,
1.7 Consultant agrees to perform this Agreement in accordance with the highest and best
degree of skill and expertise exercised by members of Consultant's profession.
1.8 Consultant shall cooperate in good faith with City ill aU aspects of the pcrfonnancc of
this Agreement.
1.9 Consultant, in the perfonnance of this Agreement, shall be loyal solely to City and
shall not take any employment adverse to the interest of City,
2, Duties of Ci~y
2.1 City agrees to compensate Consultant for performance of the project as follows.
Approximately 14 hours of work at $120 per hour, for a total of $1,680.00, If
additional time is required, Consultant 511a11 document that as well but the total bill
shall not exceed $2,000.
Consultant Agreement - Stealth Cellular
Page 2
7-17-19986:22PM
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1M CITY. OF. CAMPBELL 4088668381 --
P.4
2,2 If City requests services not specified in Section 1 of this Agreement. City agrees to
pay for all such additional services as extra work.
3, Chan¡es in Services
3.1 City may order changes in the scope or character of services, either decreasing or
increasing the amount of Consultant's services, In the event that the work is
decreased, Consultant is entitled to full compensation for all services performed and
expenses incurred prior to receipt of notice of change. In the event that additional
services are required. such services will be compensated at the rate of$120 per hour.
4. Subcontractors
4.1 Consultant may not subcontract any services required under this Agreement without
the prior written consent of City,
4,2 Consultant shall be responsible to City for the performance of any and all
subcontractors who perform work under this contract and any acts of negligence or
intentional wrong-doing on their part.
5. Termination
5.1 Notwithstanding any other rights or remedies that the City may have in law or equity,
the City shall have the right to terminate this Agreement for breach of any of its tenDS
or conditions by Consultant or anyone performing services under Consultant. Upon
termination, Consultant shall not be entitled to compensation for any unperformed
work and the contract price shall be reduced accordingly.
6. ,Wsurance and Indemnification
6.1 Consultant agrees to indemnify, defend and hold City. its agents, officers, attorneys.
employees and officials harmless from any and all claims, causes of action, injuries or
damages arising out of any negligent or intentional conduct on the part of the
Consultant. its agents, officers. employees or anyone rendering services on their
behalf. This indemnity shall include reasonable costs and attorney's fees incurred in
defending any action covered by this provision.
6.2 Consultant shall maintain insurance conforming to the following specifications:
A. MINIMUM SCOPE OF INSURANCE: Coverage shall be at least as broad as:
Insurance Services Office form number CA 001 (Ed. 1/87) covering Automobile
Liability code 1 "any auto."
Consultant Agreement - Stealth Cellular
Page 3
7-17-19986:23PM
1M CITY. OF. CAWBELL 408866838 1 -,
P.5
B, MINIMUM LIMITS OF INSURANCE: Consultant shall maintain linúts no less
than: Automobile Liability: $50K/$100K combined single limit per accident for
bodily injury and property damage,
C, VERIFICATION OF COVERAGE: Consultant shall furnish the City with
certificates of insurance. The certificates and endorsements are to be on forms
acceptable to the City.
7, Miscellaneous
7.1 This Agreement shall be binding on the heirs, executors, assigns and successors of
Consultant.
7,2 Consultant may not assign this Agreement, or any portion hereof without the prior
written consent of City,
7.3 This Agreement shall not be construed to alter, affect or waive any lien or stop notice
rights which Consultant may have for the performance of services pursuant to this
Agreement.
7,4 All original papers, documents, drawings and other work product of Consultant, and
copies thereof, produced by Consultant pursuant, except documents which are
required to be filed with public agencies, shall become the property of City and may
be used by City without the consent oftlle Consultant.
7,5 City's waiver of any tenn, condition or covenant, or breach of any tenn, condition or
covenant shall not be construed as the waiver of any other term, condition or covenant
or waiver ofthe breach of any term, condition or covenant.
7.6 This Agreement contains the entire Agreement between City and Consultant relating
to the project and the provision of services to the project. Ally prior agreements,
promises, negotiations or representations 110t expressly set forth in this Agreement are
of no force or effect. Subsequent modifications to tIns Agreement shall be in writing
and signed by both City and Consultant.
7.7 If any term, condition or covenant of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
Agreement shall be valid and binding on client and consultant.
7.8 This Agreement shall be governed and construed in accordance with the laws of the
State of California.
7.9 This Agreement may be executed in counterparts and will be binding as so executed,
Consuhant Agreement - Stealth Cellular
Page 4
7-17-19986:24PM
1M CITY. OF. CAMPBELL 4088668381 --
P.6
7,10 All changes or amendments to this Agreement must be in writing and approved by
all parties.
8. Notices: Notices required under this Agreement may be delivered by fIrst class mail
addressed to the appropriate party at one of the following addresses:
CITY:
City of Campbell
Attn: Barbara Ryan
70 N. First Street
Campbell. CA 95008
(408) 866-2140
(408) 866-8381 - FAX
CONSULTANT:
Stealth Cellular
Attn: Christian Christmas
P.O. Box 621
Graton. CA 95444
(707) 823-7310
(707) 823-7306 - FAX
Having read and understood the foregoing Agreement! the undersigned parties hereby
agree to be bound hereby:
=dœnt / á
By: Vl
Consultant Agreement - Stealth Cellular
Page S
7-17-19986:24PM
1M CITY. OF. CAtvPBELL 4088668381-
P.7
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A
Disclosure and ConfidentialitY A2reement
This Disclosure and Confidentiality Agreement (the "Agreement") is made and entered into this
July 1998, by and among the City of Campbell ("City"), Stealth Cellular ("Consultant") and NEXTEL OF
CALIFORNIA, INC., a Dclaware corpomtion, d/b/a Nextel Communications, C'Nextel"). City, Consultant and
Nextel shall herein collectively be referred to as the "Parties."
day of
For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as
follows:
1. The Parties desire to exchange infonnation benefit of the Parties. In order to facilitate the discussions and in
order for the Parties to receive from each other, either orally or in writing, certain technical and business infonnation
under terms that will protect the confidential and proprietary nature of such infannation, the Parties have entered into
this Agreement. For purposes herein, any technical or business information ofthird persons furnished or disclosed
by one party to the other shall be deemed the disclosing party's infonnarion and, accordingly, shall be subject to the
terms and conditions of this Agreement.
2. Each party may find it beneficial to disclose to the other party certain information which may include, but is
not limited to, trade secrets, discoveries, ideas, concepts, know-how, techniques, designs, specifications, drawings,
maps, blueprints, diagrams, flow and other technical, financial or business information (the "Information"). Such
Infonnation which is provided in written, encoded, graphic, or other tangible fonn shall be deemed to be confidential
and proprietary. If the Information is provided orally, it shall be deemed to be confidential and proprietary if it is so
identified by the disclosing party at the time of such disclosure. Any party may eonfinn, within three (3) days of
making oral confidcntial statements, that such information was confidential and proprietary.
3. The Parties agree that they shall hold the Information in confidence and shall use the same solely for the
purpose of verifying Nextel' s "tree pole" height, and further agree that they shall not make disclosure of any such
Information to anyone except those employees necessary to review such Information. Prior to providing the
Information to any employee, a party will notify each employee to whom such disclosure is made that such
infonnation is received in confidence and shall be kept in confidence by such employee. In the evcnt such
Information must be disclosed by either party to third persons for the purpose set forth herein, each party shall, prior
to such disclosure, obtain written consent from the other party and obtain from the third person a written agreement
regarding confidentiality ofthe Information, the terms ofwhieh shaU be Subst~ltially identical to those contained
herein.
4. This Agreement shaH not apply to any information (a) previously known to either party free of any
obligation to keep it confidential; (b) that has been or which becomes publicly known, through no wrongful act of
either party; (c) which is rightfully received from a third party who is under no obligation of confidence to either
party; (d) or which is independently developed by the receiving party without resort to the Information that hac¡ been
disclosed pursuant to this Agreement; or (e) is required to be disclosed in order to comply with applicable law or
regulation or with any requirement imposed by judicial or administrative process or any governmental or court order.
5.
An Information shall bc returned to the disclosing party promptly upon written request.
6. Neither party hereto shall in any way or in any fol1t1 distribute, disclose, publicize, issue press releases, or
advertise in any manner, including, but not limited to, making representations in court pleadings, except as required
under law, the discussions that gave rise to this Agreement or the discussions or negotiations covered by this
Agreement or the information provided pursuant to this Agreement, without first obtaining the prior written consent
of the other party.
7. Neither this Agreement nor any ríghtc; hereunder, in whole or in part, ~hall he a~signahle or otherwise
transferable by either party and the obligations contained in this Agreement shall survive and continue to a period of
five (j) years from the date ofthis Agreement.
\lPI-I\F..NG IISITEDHVlSITES\LEASING\LSES _~8\89OC\NONDIS-I.DOC
7-17~1998 6:26PM
.-
1M CITY. OF. CAMPBELL 4088668381 --
P,8
8. This Agreement shall be governed by and constituted and enforced Ù1 accordance with the intemallaws of
the State of California, and shall be binding upon the parlies hereto in the United States and worldwide. Failure to
enforce any provision or this Agreement shalll1ot constitute a waiver of any other tcnn hereof.
IN WITNESS HEREOF, the Parties hereto have caused this Agreement to be executed by their duly
authorized representatives as of the date written above.
CITY OF CAMPBELL
NEXTEL OF CALIFORNIA, INC.,
a Delaware corporation,
d/b/a! Nextel Communications
Jeanette Watson
Its:
Date:
7/22/98
Date:
By:
""
lIs:
Date: 21
J cJ 1~
1??a
IIPHIENO 1\SlmDEVlSITESILEASINOILSES - 98\89QC\NONDlS--] .DOC
70 N. First Street, Campbell CA 95008 FAX (408)86EH1381
City of Campbell
Fax
To:
Peter Hilliard
From: Barbara Ryan
Fax:
(510) 208-9423
Pages: 3
P~ (408)866-2193
Date: 7/22/98
Re:
Stealth Cellular, Randy McKernan
cc:
Randy McKernan of Stealth Cellular was in this morning with his signature on the contract. He picked
up whatever information we had regarding the proposed antennas. Here is a fax of his signed Exhibit A,
re non-clisclosure of proprietary info. I will send you the remainder once we have Campbell's mayor's
signature on the document. You will need to send us a copy that you have signed.
Randy has been attempting to get hold of you. Could you please call him?
Mobile: 707-953-7925
Office: 707-823-7310
Fax: 707-823-7306
Stealth Cellular
TEL:7078237306
Jul 08 98
19:33 No,OOl P.02
UDL~
r.o. .,OX fì21-OAATON-C^-95444
707 -823 - 7310n07 -823 - 730BFAX
Sharon F ¡eITo
Senior Planner
City of Campbell, California
Sharon,
Thanks for taking the time to help with this, The following Is the type of Insurance
we will be using to cover this consulting. 11m faxing you this note along with a
copy of the proof of insurance.
Vehicle: 1992 Subaru
Insured with Nationwide Mutual Insurance Company
Policy Number: 72 04 B 295150
Coverage limits are $501<1$100K
As we discussed on the phone, we don't see any exposed areas which would
require us to carry additional insurance (ie. Errors and Omissions). We
calculated the cost of the additional insurance and it came to an amount which
would make this project (and several future ones) unprofitable.
If the city requires additional insurance, perhaps the city would be willing to pay
the price for project-term insurance (if such a thing is available). Considering the
time line and involved here. it may be best for the city to waiver requirements for
additional insurance for this project, These are simply suggestions in case we
run into any snags in this area,
/"'À. . ~J
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andy McKernan
V.P. Engineering
Stealth Cellular
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Nextel Communications
47514th Street, Suite 200, Oakland, CA 94612-1900
510645-1400 FAX 510 645-1419
NEXTEl
July 6, 1998
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City of Campbell
70 North First Street
Campbell, CA 95008-1423
Attention: Sharon Fierro
Re:
Nextel Communications Site #CA-0890 W. Hamilton
UP 97-15: 700 W. Hamilton Avenue
Stealth Cellular Contract
Dear Sharon:
Enclosed find Nextel's comments to the draft contract faxed to my attention from Barbara
Ryan. She mentioned in her fax cover sheet that I should contact you in her absence.
There a couple of important changes that need to be made to the contract in order to
satisfy Nextel's concerns. The first is the deletion of the second sentence under 1.1E. The
second is the inclusion of a Disclosure and Confidentiality Agreement. The remaining
comments are non-substantive in nature.
Please review the attached annotated version of the draft contract and give me a call with
your comments. I can be reached at (510) 208-7994.
Si~
tr Hilli~: Project Planner
Cc:
Melody Blaisdell
David Cauchi
Nextel Communications
475 14th Street, Suite 200, Oakland, CA 94612
510645-1400 FAX 510 645-1419
NEXTEL:
June 5, 1998
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JulV 0
C/7ÿ 8 1998
A OF CA
'LANNING DMÞ8£LL
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.
City of Campbell
70 North First Street
Campbell, CA 95008-1423
Attention: Barbara Ryan
Re:
Nexte1 Communications Site #CA-0890 W. Hamilton
UP 97-15: 700 W. Hamilton Avenue
Dear Barbara:
Pursuant to the questions contained in your fax of 5/26/98 regarding the revised tree pole,
attached find a written response from the tree pole manufacturer. Also included are the
photos of the branches and pole plan.
In the event you did not received my voicemail the other day confirming Nextel's consent
to contract Stealth Cellular for compliance with Condition # 2. Height of Antennas,
please consider this letter as consent.
Please give me a call at (510) 208-7994 with your thoughts.
\~
Peter Hilliard, Project Planner
Cc:
Melody Blaisdell
ThÐ Larson Company
6701 S. Midvalø Park Rd
Tucson. Arizona 85746
(520)294-\3800
FAX: (520)741-7930
LJlRSO".
CREATORS OFTHEMED ENVIRONMENTS
June 4. 1998
Via Fax: 510-645-1414
Ms. Melody Blaisdell
Nextel
475 14th Street
Oakland. CA 94612
RE: City of Campbell, Questions
Dear Melody,
Thank you for the letter with questions of concern regarding the City of Campbell,
California and our Tree Pole. The following is our response to the listed questions in
the order received:
- The number at the left is the branch number and the dimension at the right is the
distance from the top of the pole to the centerline of the branch where it is attached
to the pole, '
- Similar to the spokes of a wheel, six branches at 60 degrees equally spaced apart at
each elevation ( distance from top of pole to Centerline at pole point of attachment),
like an artificial christmas tree. Branches are shifted 30 degrees on alternating
elevations so in adjacent elevations branches do not line up vertically and a more
natural appearance is achieved.
- Branch length varies from approximately :2 ft at the Tree Pole top to 11ft at the
lowest and longest branch in order to achieve a tapered "Fir Tree" look.
- See above. - ~L~
- All branches have a main IItrunk" or stem with secondary branches coming from
them with smaller branches emanating from the secondary.
- See enclosed schematic drawing and digital photos sent via E-Mail.
Page Two
City of Campbell, CA
- The steel pole, commonly referred to as the "Monopole" in the industry, is a twelve
sided, tapered, tubular, galvanized steel structure, Each of the twelve sides of the
monopole is referred to as a "Flat" and each "Flat" has a designation, the "F" on the
drawings refers to the "Flat" the number immediately to the right of the "F" is the
numerical radial location of each "Flat", i.e. F I ,F2,F3 refer to the "Flat" ,and the
subsequent location of a branch. The "p" refers to the "point" created when two flats
converge and like the flat, has a numerical identification system used to locate a branch
radially, i,e, PI f2 refers to the point created between flats I and 2.
- Typically, the base plate is 6" to 8" above the surface of the concrete foundation.
(See "Note" below)
- The Monopole is 55 feet tall plus the nominal 6 inch adjustment height at the
foundation.
"55' '. ~ it
1 2'
- Approximately 60 feet,
- The centerline of the lowest branch where attached to the monopole is 3 I ft 6 in
above the bottom of the monopole plus the nominal 6 inch adjustment height at the
foundation. The lowest point of the lowest branch will be approximately 3 ft below
centerline, or a nominal 28 ft above ground level. assuming the foundation is at ground
level.
(NOTE: The Larson Company is not involved in the design or installation of the
foundation and is not privy to any special considerations which may be peculiar to this
monopole installation and for this reason some dimensions are stated as approximate.)
- The branches should not be extended below the present location due to possible
interference during the assembly of the monopole sections.
- Items A and B must be addressed by Valmont as Larson is not involved in the design
of the pole structure or appurtenances beyond the camouflage devices. Item C has
been addressed by using a completely different configuration and depiction of tree
specie than the Homestead project. (NOTE: The E-Mailed photos are NOT of the
branches to be used for the Campbell site, the Campbell branches are not scheduled
for fabrication until four weeks prior to shipment.)
- ..-." -
--'-
Page Three
City of Campbell, CA
Melody, I hope this is satisfactöry and is a clear explanation of the points raised by the
City of Campbell. please call me if you have further questions or concerns,
Best regards,
Jay R. Nichols
Product Development Manager
Utility Camouflage Division
Nextel Communications
475 14th Street, Suite 200, Oakland, CA 94612
510645-1400 FAX 510 645-1419
NEXTEL:
May 22,1998
City of Campbell
70 North First Street
Campbell, CA 95008-1423
Attention: Barbara Ryan
Re:
Nextel Communications Site #CA-0890 W. Hamilton
UP 97-15: 700 W. Hamilton Avenue
Compliance with Conditions 2, 5 F., and 15
Dear Barbara:
I received your fax today in which you indicate the City's choice to use Stealth Cellular to fulfill UP 97-
IS's Condition #2. I called and left a message with your voice mail stating that I need to confmn this
election with my manager and I will get back to you as soon as possible. I don't anticipate problems
however I do have to clear it with the boss.
Regarding Conditions 5.F. and 15 please review the following information.
A.
Condition 15 calls for the tree pole to blend into the grove of trees, its shape configured to better
fit and the branches extend farther down. Enclosed you will fmd revised tree pole sketch,
engineering drawing and photo simulations for your review and comment.
B.
Condition 5.F. calls for the applicant to make a good faith effort to locate areas where off-site
landscaping can be installed to screenlblend in the visibility of the antennas. In our most recent
meeting on 4/27 we determined that if the tree pole was redesigned to blend with its surroundings
maybe this Condition could be waived. As Karen Vernetti and I explained, Nextel is strongly
against planting trees/bushes in the San Tomas right-of-way/median. I hope that this new tree pole
will sufficiently blend with its surroundings to not require this off-site landscaping condition.
The issue of fake tree bark is raising a lot of concern from our construction department. It adds so much
weight to the tree pole that the foundation size and depth may have to be substantially increased. Because
we are extending the branches farther down the pole to where the existing trees and new landscaping will
screen it, may we faux paint the trunk instead of hanging the heavy tile bark?
I apologize for the delay in delivery of this material and appreciate your patience with me. Please give me a
call at (510) 208-7994 with your thoughts.
~mcerelY'
Peter Hilliard, Projec Planner
Cc:
Melody Blaisdell
artech
I)I~S.C.N C.ltCttII-
Arc:hltec:ts . 8ullders . Consultants
Proposed EnhanGed SpeGial
Mobile Radio FaGility Site
NEXTEL COMMUNICATIONS
100 West Hamilton Ave.
CA-890C
Campbell. CA
.
May 21, 1998
-
70 N. First Street, Campbell CA 95008 FAX (408)866-8381
City of Campbell
Fax
To:
Ed Evangelista
From: Barbara Ryan
Fax:
441-0275
Pages: 1
Pho~ (408)866-2193
Date:
5/11/98
Re:
Cal-Trans Standards for Trees
We have recently received Cal- Trans' standards for trees and agree to meet them for planting trees in
the STEX median and east side, south of Hamilton Avenue (Highway Design Manual Section 902.3)
To prevent head-on collisions between reverse-direction vehicles, to reduce headlight glare, and to
protect the trees, we would install guard rails. Placed behind the curb, the guard rails would also
increase the safety of any future pedestrian traffic on the east side.
We note that guard rails and redwood trees are used together on local freeways, both in the median of
Rte 280 and on the side of Rte 17.
The applicants would install and maintain the trees and guardrails, with the City as back-up, to meet the
County's contract standards and the standards of the Highway Design Manual Section 902.3 (4)). All
parties would sign the agreement with the County.
Ste~lth Cellular
TEL:7078237306
Apr 16 98- 15:58 No,OO4 P.Ol
-
.~.,.
r.o. DOl e21-o1U\TON-CA-91444 Fax Cover Sheet
707"23 - 7'a101707 --'23 - '13OeFAX
To: Russ Reich
Company: Community Development
Department
Phone: 408-886-2140
Fax: 408-866-8381
From: Christian Christmas
Company: Stealth Cellular
Phone: (707) 823 - 7310
Fax: (707) 823 - 7306
Date: 04/16/98
Pages Including this
cover page: 6
Comments: If you have questions, please don' hesitate to can, Christian
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Ste~lth Cellular
TEL:7078237306
Apr 16 98- 15:59 No,OO4 P,O2
Proposal for Review and Report on
Nextel Site Development Planning
1 . Attached please find the requested documentation pertaining to
the background of Stealth Cellular and the qualifications of Randolph
McKernan.
2. Stealth CeUular's consulting rate for this type of work Is 5120.00
per hour. Travel time Is billed at the rate of $25.00 per hour.
3. Stealth cellular proposes to review the project in three basic
areas: (I) Is the proposed antenna height necessary?; (2) IS the site as
proposed providing as Uttle visual nuisance as practicable?; and (3)
Altematives available, Including the possiblUty of installing more than one site,
111e foUowlng information will be required In order to accomplish the above
stated goals:
a. on-Site Visit to evaluate and obtain photographs of the proposed
site and surrounding terrain.
b, Review of fuJ1 size drawings (in CampbeU or at Nextellocatlon)
c, Obtain documents from Nextel for review to Include:
1 . 111e maximum quantity of channels planned and the time
periods
Projected growth plan
Model and type of antennas
RP prediction plots
Capacity plan to include antiCipated date for lowering
antenna height.
d. Discussions with Nextel engineering and design teams
4. It Is estimated that a total of 10 hours wDl be required to
accomplish the above stated tasks. Travel time Is estimated at 8-12 hours,
2.
3.
4.
5.
5, Additionally, it is estimated that the analysis of information and
report writing w1U take an additional 4 hours,
6. It Is anticipated that the enure project, If no delays are encountered
in obtaining the necessary infonnatlon. could be completed in one week,
7. Therefore. the estimated cost of the project would be 14 hours at
$120.00 per hour for a total of $1680.00 plus travel. No expenses are
anttdpated, 111Is Is only an estimate and Stealth CeUular will biD for actual
hours worked,
,.", '.
Ste9lth Cellular
TEL:7078237306
Apr 16 98....
16:00 No,O04 P,03
I
I TEAl TN CEllUlAR
I
Principals:
Randolph Wayne McKernan
Christian Christmas McKeman
Address:
P. O. Box 621, Greton, CA 95444 (U,S, Mail)
8950 Graton Road, Graton CA 95444
Phone No:
(707) 823-7310
(707) 823-7306 (voicelfax)
Stealth Cellular was fonned In 1991 as a consulting, Intellectual property, product design
and engineering finn. Stealth has placed primary emphasis on consulting and creating
products for the wireless industry,
IMJØIIIIIÞ
I
Randy McKeman has worked In the ceUuI. Industry since Its inception, Randy has
designed mobile phones and worked In network engineering for land-based telephone
companies, Randy worked with GTE MobIInet, turning up their initial San Francisco Bay
Area system and overseeing and engineering the setting up of an additional system in the
Northern Bay Area to Include the turning up and cutting over of a Motorola switch. While in
Santa Rosa. he Invented and patented Easy ESN, an automated cellular activation,
verification and diagnostic product that Is slH In USè, Additionany, Randy created three
automated systems to provide an overview of GTE's system, appropriately named Badger,
Zookeeper, and Babysitter. In 1988, Randy worked at GTE headquarters In Houston on the
FoHow Me Roaming and MNMS projects,
Randy retumed to California in 1990 and began working for McCaw, engineering cellular
systems in California and Nevada, Randy was responsible for meeting the flYe year plan In
several systems which required extensive use of ANET engineering software, He was
Involved in frequency planning, system optimization" producing search rings, and
coordinating with adjacent systems. Randy worked extensively with site acquisition
personnel in acquiring and testing potential new cell sites, In November of 1992, Randy left
McCaw and begin working tuD time for Stealth Cellular,
Christian McKernan has worked extensively In the legal area, Including contract, corporate,
personal Injury and criminal defense law, She has experience In the area of real estate
acquisition while working for Anaconda Copper to include contract negotiation, She also
worked in an advertising flnn In New Yorlc: supervising programming and selling commercial
ad time. Christian also brings to Stealth CeHular an eXtensive background In marketing and
product development. She began working full time for Stealth Cellular in 1991,
.--. Cellular
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Steglth Cellular
TEL:7078237306
Apr 16 98-
16:01 No,O04 P,04
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Stealth Cellular has developed several products since its inception,
Stealth Cellulafs ..."., is a software program that tracks cell site development. The
program will track proposed sites (and any alternate sites) through the acquisition and
constRIction process, It contains checklists to follow each step of the process including
budget. engineering, zoning. product acquisition. contract negotiations. subcontractors,
and governmental agency forms, ,."., can be set up on a single DOS based PC
and dialed Into for updating by all personnel from remote sites using a modem, A
complete security password system makes It possible to allow changes to be made to
the dlta by authorized users, Personnel not authorized to change data, but who may
need to get Infonnation from the system, may be allowed to see the data in "view only"
screens,
...,..,. Is 8 program designed to allow more efficient engineering of an existing cellular
system, Unlike the products Ivalable presently. ".,.,... allows the field engineer to
monitor 8 caWs progress from the switch point of view (including signal strength. hand-off
requests, hand-offs. power up/down events. ete,), ...".". also atlows the changing of
hand-off and other parameters remotely from the f1eId (with passwords), Product release Is
expected in early .1996,
Stealth Cellular II presently working on various new wIreless industry fraud prevention
products. These include the --1M 18_"., 8 device for preventing criminals from stealing
cellular phOne identities for use In counterfeiting cellul. phones.
Stealth Cellular 8180 has been very Involved in consulting in the wireless industry. They
have had a pivotal role in the development of the CTS Blackbird system. having brought
fingerprinting to CTS in 1991.
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custom softwant
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Stealth Cellular
TEL:7078237306
Apr 16 9ß...
16:02 No,O04 P,05
.'-.
Randy JlcKeman
P.O. Box 621
Gtaton. CA 95444
(707)823-7310
Objective: Consulting In the wireless communications Industry. particularly In the areas
of RF engineering. system design. wireless system enhancement and fraud prevention
technologies, .
PROFESSIONAL
EXPERIENCE
Stealth Cellular
Graton, CA
JuI" 1991 to Present
VICE PRESIDENT. ENGINEERING
DESIGN. DEVELOP AND DOCUMENT NEW WIRELESS FRAUD
PREVENTION PRODUCTS, TEST NEW PRODUCT DESIGNS. ESTABLISH
HARDWARE AND SOFTWARE MANUFACTURING SPECIFICATIONS,
DEFINE AND DOCUMENT PRODUCTION PROCESSES, INTERFACE WITH
VENDORS TO INSURE COMPONENT SPECIFICATIONS ARE MET.
INTERFACE WITH CUSTOMERS AND POTENTIAL CUSTOMERS TO INSURE
THAT COMPANY PRODUCTS MEET OR EXCEED CUSTOMER
REQUIREMENTS, CONSULT TO CLIENT CARRIERS AND VENDORS TO
PRODUCE NEW PROCESSES AND TECHNOLOGIES FOR PREVENTING
. WIRELESS FRAUD. PATENT NEW INVENTIONS FOR CLIENTS AND
STEALTH CELLULAR, CONSULTING WORK HAS INCLUDED DESIGN AND
DEVELOPMENT OF RF FINGERPRINTING PLATFORM WITH CELLULAR
TECHNICAL SERVICES COMPANY. INC, SEE ATTACHED SHEET FOR
STEALTH CEllULAR PRODUCT LIST.
McCaw Cellular (now AT&T)
Sacramento, CA
.}an" 1990 to Jul,. 1991
RF DESIGN ENGINEER
MANAGE DESIGN AND INSTALLATION OF CELLULAR SWITCHING
CENTER IN STOCKTON. CA, COORDINATE WITH NETWORK FACILITIES
ENGINEERS, DESIGNING PLAN FOR MIGRATING CELL SITES
INTERCONNECTION TO NEW CELLULAR SWITCH,
DEFINE REQUIREMENTS FOR NEW CELL SITES AS WELL AS EXPANSION
OF EXISTING CELL SITES TO MEET SYSTEM GROWTH PROJECTIONS,
GENERATE PROJECTIONS OF SYSTEM GROWTH BASED ON
STATISTICAL DATA, CREATE FREQUENCY PLANS TO ACCOMMODATE
SYSTEM EXPANSION AND ELIMINATE KNOWN SYSTEM PERFORMANCE
PROBLEM AREAS. WORK CLOSELY WITH SITE ACQUISITION TEAM TO
CREATE AN EFFICIENT PROCESS FOR DETERMINING THE SUITABiliTY
OF CANDIDATE LOCATIONS. GENERATE DATA REQUIRED FOR FCC
AND FAA FILINGS PRIOR TO CELL SITE COMMISSIONING,
~'~,,<"';(""';';'
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S~ealth Cellular
TEL:7078237306
Ap r 16 9.8...
16:03 No,O04 P,06
'-
GTE Mobile Communications
Houston, TX
Apr., 1988 to Dee" 1989
DESIGN ENGINEER -
ApPLIED NETWORK SERVICES
WORK WITH A SPECIAL PROJECTS TEAM DEFINING REQUIREMENTS
FOR NEW APPLIED NETWORK TECHNOLOGIES, WRITE STRUCTURED
SOFTWARE WITH DEVELOPMENT TEAM TO PERFORM FUNCTIONS
DEFINED IN REQUIREMENTS. RESEARCH AVAILABLE
INFRASTRUCTURE-ENHANCING PRODUCTS AND TECHNOLOGIES FOR
APPLICATION IN THE CELLULAR MARKETS. PERFORM FIELD
MODIFICATIONS TO EXISTING TECHNOLOGIES. THESE AND OTHER
DUTIES WERE PERFORMED AS PART OF THE DEVELOPMENT AND
IMPLEMENTATION OF FOLLOW-ME-ROAMiNG., GTE MOBILNET'S
MNMS (MOBILE NETWORK MANAGEMENT SYSTEM) AND VARIOUS
OTHER SPECIAL PROJECTS. PRODUCE AND TEACH TRAINING COURSES
FOR TRANSFERRING PROJECTS TO OTHER DEPARTMENTS OR
COMPANIES.
GTE Mobilnet. lne.
PI...anton, CA
Dee" 1986 to Mar., 1988
SYSTEMS OPERATOR
PERFORM MAINTENANCE ON MOTOROLA EMX 100, 250, 500, AND
2500 CELLULAR SWITCHES. INCLUDING PROGRAMMING ROUTING
TRANSLATIONS, ESTABLISHING AND MAINTAINING CELL SITE DATA
BASE INFORMATION, AND TROUBLESHOOTING AND REPAIRING
NETWORK FAILURES, MAINTAIN MOTOROLA HD AND LD CELL SITE
INFRASTRUCTURE EQUIPMENT, INCLUDING TROUBLESHOOTING,
ALIGNMENT AND REPAIR. MAINTAIN VARIOUS MICROWAVE RADIO
LINKS BETWEEN POPs IN THE CELLULAR SYSTEM. PERFORM
REQUIRED INSTALLATION AND MAINTENANCE OF COMPUTERS AND
PERIPHERALS. COORDINATE AND INSPECT CONsTRUCTION AND
INSTALLATION WORK DONE SY CONTRACTORS, DEVELOP SOFTWARE
FOR MAINTAINING INFORMATION ABOUT THE CELLULAR NETWORK.
COMMUNICATE WITH CUSTOMERS TO IDENTIFY NETWORK AND
COVERAGE DEfiCIENCIES, DEVELOP TOOLS fOR MORE EFFICIENTLY
MONITORING, TROUBLESHOOTING AND REPAIRING THE CELLULAR
NETWORK.
PATENTS
P at8nt 1 5031204
INTERACTIVE DIAGNOSTIC SYSTEM FOR CELLULAR TELEPHONES (EASY ESN)
Patent 11I8SO1.
IDENTITY PROTECTION METHOD FOR USE WITH WIRELESS TELEPHONE SYSTEMS
Note:
SEVERAL PATENT APPLICATIONS AND ISSUED PATENTS ARE CURRENTLY ACTIVE
WITH CELLULAR TECHNICAL SERVICES, INC, OTHER PATENTS ARE IN THE
PENDING STATUS WITH STEALTH CELLULAR.
"I';;~":.r" .." .",.,
"'<.'¡ "
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CITY OF CAMPBELL
Community Development Department
April 15, 1998
Neil Reid
Irris Telemetry Corp
125 Ryan Industrial Ct, Suite 100
San Ramon, CA 94583
Subject: Request for Proposal
The Community Development Department would appreciate your proposal to address Condition 2 of the
approval of a Nextel antenna pole. Specifically, the City needs to know the LOWEST height the antennas
can be placed on the pole at the approved location, and still provide adequate performance. The height of the
berm on which the pole is to be located should be considered. There are Pac-Bell and GTE antennas on top
of the 3-story building located 300 feet north of the site
Please provide:
1) Your qualifications
2) Price
3) Timing, by stages
4) A list of the information you would need provÍded by Nextel, and by the City.
We are interested in as rapid a turnaround as possible.
As part of this fax you will find:
I) The Conditions of Approval by the City Planning Commision for the antennas and pole.
2) Location map for the antennas
3) Drawings ofNextel's of the proposed antenna pole, array, and site.
4) Nextel's description of the project.
5) A specifications sheet for Nexte1's panel antennas
6) A map of the existing and proposed Nextel sites in the area
Please let us know if there is any other information you would need in order to prepare a proposal.
Sincerely,
/(fi ~ ,S'. í7~----
¿arbara Schoetz Ryan
Planner I
(408) 866-2193
70 North First Street. Campbell, California 95008~ 1423 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790
-
-;
70 N. First Street, Campbell CA 95008 FAX (408)866-8381
City of Campbell
Fax
To:
Peter Hilliard
From: Barbara Ryan
Fax:
(510) 208-9423
Pages: 7
Phone: (408) 866-2193
Date: 4/10/98
Re:
UP 97-15 (770 W. Hamilton Avenue)
cc:
Attached you will find:
1. Planning Commission Resolution 3146 approving the Use Permit for Nextel's antenna
(includes the findings and the conditions for approval).
2. A tracing (reduced for faxing purposes) of an aerial of the San Tomas Expressway indicating the
antenna site, the median, the west side parkway area including the bus stop, the Water District
Flood Control Channel and Service Road. The cross-hatched area on the median and the west
side parkway indicate the area for the planting of the line of screening trees, and I have indicated
the linear footage in both the median and the west side.
3. An Insurance Company name, address and phone number: There are insurance companies who
provide the insurance required for contractors to work within a street right otway. Public agencies
require this insurance. I have included one who has provided insurance tor several contractors
doing work within Campbell rights-of-way, in case you wish to call them to familiarize yourself with
the process.
--
70 N. First Street, Campbell CA 95008 FAX (408)866-8381
City of Campbell
Fax
To:
Richard Larson, Landscape Architect
From: Barbara Ryan
Fax:
(510) 652-0212
Pages: 1
Phon. (408)866-2193
Date: 4/9/98
Re:
Landscaping on STEX for Nextel
cc:
Peter Hilliard, Nextel (510}208-9423
After considerable dealings with the Santa Clara County Department of Roads & Airports, the following
has been determined regarding placing screen planting within the median and west side parkway, south
of Hamilton Avenue on the San Tomas Expressway (STEX):
1. Screening will not be permitted using redwoods or any large-trunk tree.
2. Screening will be permitted using "break-away" trees, Le. a tree with a trunk diameter of 4 inches or
less.
3. The Department has misplaced their plans of that section of the roadway. The City was never
provided with any. Therefore, you will need to take measurements to prepare accurate plans.
4. The County Board of Supervisors have recently passed a policy to encourage pedestrians on the
STEX in spite of the posted signs which say, "Pedestrians Prohibited". The Engineers indicate
plans should reserve 4-5 feet of space on the west side for a pedestrian walkway,
5. The County has provided us with a landscape maintenance contract form. Both Nextel and the City
will need to be parties to it.
The City has determined that::
A. To provide screening for northbound passengers, the median should be landscaped between a
point opposite Latimer Avenue. ,
B. To provide screening for southbound passengers, the west parkway should be landscaped from
just south of the bus stop to a point opposite Gale Drive.
Please prepare preliminary landscape and irrigation plans based upon the above, and submit them to
the City for review by us and by the County.
If you have any questions on the above, please call me at (408) 866-2193.
Roads and Airports Department
Land Development and Permits
County of Santa Clara
101 Skyport Drive
san Jose. california 95110
Ms. Barbara Ryan
City of Campbell
70 N. First Street
Campbell, CA 95008
RECEIVED
MAR 2 7 1998
CITY OF CAMPBELL
PLANNING DEPT.
March 24. 1998
Proposed Tree Planting
San Tomas Expressway @ Hamilton A venue
Dear Ms. Ryan:
Subject:
We have reviewed your March 3. 1998 FAX to Scott Brady for the subject project Our comments
are as follows:
1.
2.
Trees should not be planted in the median of San Tomas Expressway.
The County's cUITent pedestrian policy on expressways is not to "discourage" pedestrians
but to provide facilities for pedestrian use. Trees could be planted along the shoulder side
of the expressway as long as space is provided for pedestrian traffic/future sidewalk.
Please provide the landscape and inigation plans for our review.
Nextel Conununications and the City of Campbell will need to enter into a Landscape
Maintenance Agreement with the County for the trees which will be planted along the
shoulder of San Tomas Expressway. Attached is a copy of our standard Landscape
Maintenance Agreement, which may be used as a guide to develop this agreement
Thank you for the opportunity to review and comment on this project. H you have any questions.
please call me at 573-2463.
3.
Sincerely.
aJ41+~
Ed Evangelista
Project Engineer
Attachment
cc:
M AkbaI7.adeh A. Chao
J. Guevara (SPIt 98-22) Central File
D, Collen
Project File
J, Elson
epe699
Board of supervisors: Donald F. Gage, Blanca Alvarado. Pete McHugh, James T. Beall, Jr, S. Joseph Simitian
County Executive: Richard Wittenberg
~
7-<1.
LANDSCAPE MAINT..ENANCE AGREEMENT
THIS LANDSCAPE MAINTENANCE AGREEMENT (this "Agreement") is made and
entered into as of the day of , 1997, by
and the COUNTY OF SANTA CLARA, a political subdivision
of the State of California (the "County"), collectively referred to herein as the "Parties" and,
individually, a "Party",
B.ECIIALB.
WHEREAS, the Owner(s) is/are the fee owner(s) of that certain real property located at
City of , County
of Santa Clara, State of California, which property is more particularly described on Exhibit "A"
attached hereto and incorporated herein by reference (the "Property"), and which property is
depicted in the map attached hereto as Exhibit "B"; and
WHEREAS, certain landscaping (the "Landscaping") is being installed and constructed
within the County right-of-way along as
shown on Exhibit "B"; and
WHEREAS, subject to and in accordance with the terms and conditions of this
agreement, the Owners have agreed to retain all responsibility for the ordinary maintenance and
repair of the Landscaping; and
WHEREAS, the Parties desire to memorialize such agreement in writing.
NOW, THEREFORE, in consideration ofthe mutual covenants and conditions contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereby agree as follows:
1.
Incorporation. The 'above Recitals are hereby incorporated herein and made a part
hereof.
2. Maintenance and Repair. The Owner(s) shall, at no cost or expense to the
County, at all times during the term hereof maintain, or cause to be maintained, the Landscaping
in good, clean and orderly condition (the "Maintenance"). The Maintenance shall consist of the
following: (a) trimming, clipping and mowing the Landscaping as necessary to keep the same in
good, clean and orderly condition; (b) removing all papers, debris, filth and refuse to the extend
necessary to keep the Landscaping in good, clean and orderly condition; and (c) pruning and
trimming the trees and shrubs as necessary, in such a manner as to not interfere with sight
1
clearance for pedestrian and vehicle traffic on adjacent roadways; (d) maintaining and repairing
irrigation systems exclusively serving the Landscaping; and (e) paying all costs and expenses for
the water used to irrigate the Landscaping. In no event shall the Maintenance include: (i)
maintaining, repairing or replacing public utilities; (ii) maintaining, repairing or replacing street
lights, traffic signals or related fixtures or equipment; (iii) maintaining, repairing or replacing
storm drains, sewers or any other subsurface improvements, except as specifically provided
otherwise in (d) above; or, (iv) maintaining, repairing or replacing street improvements adjacent
to the Landscaping, including, without limitation, curb and gutter.
3. Indemnification and Insurance. See Exhibit "C" - "Basic insurance requirements
for non-construction/non-professional services contracts,"
4. Attorneys' Fees. In the event a Party commences a legal proceeding to enforce
any of the tenus of this Agreement, the prevailing Party in such action shall have the right to
recover reasonable attorneys' fees and costs from the other Party, to be fixed by the court in the
same action. The term "legal proceedings" as used above shall be deemed to include appeals
from a lower court judgment and it shall include proceedings in the Federal Bankruptcy Court,
whether or not they are adversary proceedings or contested matters. The term "prevailing Party"
as used above in reference to proceedings in the Federal Bankruptcy Court shall be deemed to
mean the prevailing Party in any adversary proceeding or contested matter, or any other actions
taken by the non-bankrupt Party which are reasonably necessary to protect its rights under the
terms of this Agreement.
5. Recordation. This Agreement shall be recorded in the appropriate public records
of Santa Clara County, California.
6. Thrill.. This Agreement shall remain in effect until terminated by mutual
agreement of the Parties or pursuant to Section 8 below.
7. Inurement. This Agreement shall run with the land and shall inure to the benefit
of and be binding on the Parties, and their heirs, personal representatives, successors and assigns
having a fee ownership interest in and to any part of
(Property Address)
8. Termination by County. In the event Owner(s) fails to maintain the landscaping
as required herein, County shall give Owner a minimum of 30 days notice to come into
compliance with this Agreement unless there is an immediate safety concern. In the event of an
immediate safety concern, or after 30 days notice, County may, at its option, provide
maintenance and collect all costs from Owner. County shall also have the option to terminate the
Agreement and to require the right-of-way to be returned to its natural state, in which event the
Owner(s) shall be deemed to be fully and completely released from all of her /his/their obligations
hereunder, except as specifically provided otherwise in Section 3 of this Agreement.
2
9. Notices. All notices, requests, demands, and other communications hereunder
shall be in writing and shall be give (i) by Federal Express (or other established express delivery
service which maintains delivery records), (ii) by hand delivery, or (iii) by certified or registered
mail, postage prepaid, return receipt requested, to the Parties at the following addresses, or at
such other address as the Parties may designate by written notice in the above manner:
to the Owner(s):
to the County:
Property Management
County of Santa Clara
Roads and Airports Department
101 Skyport Drive
San Jose, CA 95110
FAX No.: (408) 441-0144
Such communications may also be given by facsimile transmission, provided any such
communication is concurrently given by one of the above methods. Notices shall be deemed
effective upon receipt, or upon attempted delivery thereof if delivery is refused by the intended
recipient or if delivery is impossible because the intended recipient has failed to provide a
reasonable means for accomplishing delivery.
10. Miscellaneous. This Agreement shall be interpreted and construed only by the
contents hereof, and there shall be no presumption or standard of construction in favor of or
against either Party, This agreement may be modified or amended only by a writing duly
executed by both Parties. The invalidity or unenforceability of any provision of this Agreement
or the applicability or inapplicability to either Party, as determined by a court, shall in no way
affect the validity or enforeceability of any of the remaining provisions hereof or their
applicability to the other Party. This Agreement shall be construed according to and governed by
the laws of the State of California
3
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date
fIrst above written.
ATTEST:
BY:
DATE:
(ATTACH NOTARY FORM)
COUNTY OF SANTA CLARA
ATTEST:
BY:
Chairperson, Board of Supervisors
Clerk, Board of Supervisors
DATE:
County
APPROVED AS TO FORM AND LEGALITY
Deputy County Counsel
4
....-
70 N. First Street, Campbell CA 95008 FAX (408)866-8381
City of Campbell
Fax
To:
Scott Brady, Santa Clara County
From: Barbara Ryan
Fax:
947-1165
Pages: 1
Phone: (408) 866-2193
Date: 3/3/98
Re:
Proposed trees, STEX
cc:
Nextel Communications Use Permit approval requires off-site screening for a wireless antenna pole to
be located on the rear of the site at 700 W. Hamilton Avenue, adjacent to the San Tomas Expressway.
Before Nextel's landscape architect prepares the landscaping and irrigation plans, the City would like to
obtain approval for the general scheme being required by the City. The proposal is to plant 24" box
redwood trees, 20 ' on center, on the west side of the freeway, from a point beginning after the bus
stop, to a point opposite Gale Drive. The same trees and spacing would be used in the median, from a
point opposite 100 feet north of Gale Drive south to a point opposite W. Latimer Avenue.
Nextel Communications is required to prepare the plans, plant the trees and construct the irrigation lines
to be extended from 700 W. Hamilton Avenue, and to maintain the trees for the length of the lite of the
antenna. The City would take on the care of the trees if the antenna were removed, or if no other
antenna company has taken on this work.
Our City Traffic Engineer notes that it appears that people are walking along the west side of the
expressway, as the guardrail has been located at least 4-5 feet back from the curb, rather than just
behind the curb. The trees would discourage illegal pedestrian traffic along the west side of the
Expressway, as do the trees existing on the east side.
As Nextel is anxious to proceed rapidly, you timely response would be appreciated.
02/25/98 10:56
NEXT~~¿ 408 374 6889
- "0.
NO.701 P001/0b¡
Next.. Cammunl~.lIon.
475 '4th Street. Suite 200. Oakland. CA 94612
510645-1400 FAX 510 645-1419
NEXTEL:
RECEIVs.O,
fEB 2. 5 \998
C\1'f CLER\<:S. Off\CB
) /). /-;. .... I
( - C(/)'Ì'./J1<..../)( .£.{8../r-,..;- j~C(-.¥
- ,
February 25, 1998
The City Clerk
City of Campbell
70 North First Street
Campbell, California 95008
BY FACSIMILE TRANSMISSION TO
(408) 374-6889
RE:
Proposed Nextel Telecommunication Facility
700 West Hamilton Avenue
UP 97-15; APN 086-30-050
Nextel Site #CA-0890
Dear Clerk:
Nextel Communications, the applicant and appellant in this matter, hereby withdraws the
appeal it filed February 18, 1998. regarding a condition of approval in the Planning
Conunission's action of February 10, 1998. per Resolution No, 3146.
Please call me at (510) 208-8864 if you have any questions or comments or if you need
anYÙ1ing additional with regard to this matter.
. cerely.
aVid.B.~
Planner
C:
Community Development Department
/
02/18/98 10:54
NEXTEL ~ 408374 5889
--
NO,582 P001/001
.'""
He.t.. GommunlCl8tlon8
475 14th Street, Suite 200. Oakland, CA 94612
510645.1400 FAX 510 645.1419
NEXTEL:
RECEIVED
FEB 1 8 1998
CITY CLERK'S OfRCB
February 18, 1998
The City Clerk
City of Campbell
70 North First Street
Campbell, California 95008
BY FACSIMILE TRANSMISSION TO
(408) 374-6889
RE:
Proposed Nextel Telecommunication Facility
700 West Hamilton Avenue
UP 97-15; APN 086-30-050
Nextel Site #CA-0890
Dear Clerk:
Nextel Communications, the applicant in this matter, hereby appeals a condition of
approval in the Planning Commission's action of February 10, 1998, per Resolution No.
3146. In particular, Nextel appeals Condition No, 2. which it regards as excessively
bmdensome and costly, and contrary to what was intended based upon the discussion of
the motion by the Commissioners. The applicant believes that the lowered height limits
proposed at the February 10, 1998, hearing (57' to the top of the "tree pole" and 52' to
the top of the antenna) were the heights intended to be approved-not some height yet to
be detennined by some unknown, undetermined third party at some undetennined future
date.
Please call me at (SI0) 208.8864 if you have any questions or comments or if you need
additional materials.
02t6d. /)
David B. HardY["J~
Planner
c:
Community Development Department
Planning Commission Minutes of February 10, 1998
Page 4
2,
UP 97-16
Hardy, D.
Public Hearing to consider the application of Mr. David Hardy, on
behalf of Nextel Communications, for approval of a Conditional Use
Pennit (UP 97-15) to allow the installation of a wireless antenna tree
and equipment building on property located at 700 W. Hamilton
Avenue in a C-2-S (General Commercial) Zoning District. This
project is Categorically Exempt. Planning Commission Decision
Final, unless appealed in writing to the City Clerk within 10 days.
Ms. Barbara Schoetz Ryan, Planner I, presented the staff report as follows:
. The applicant is seeking approval to install a 60-foot wireless antenna tree with 12 antennas
on it.
. This installation will include a 200 square foot equipment building located 100 feet from San
Tomas Expressway, 40 feet north of Gale Drive, atop a 5-foot high landscape mound.
. Surrounding uses include offices to the south, townhomes to the east, Gold's Gym to the west
and the Best Products site across the expressway,
. The applicant proposes to camouflage this antenna as a pine tree at the property owner's
request. The antenna tree will be located at the center of a grove of trees but will be taller
than the trees,
. From a distance, this antenna tree will not be too noticeable but from 100 feet or closer, it
will be fairly obvious.
. The antenna is proposed at 60 feet in height. The applicant may rent space on the lower
portion of the pole to another cellular provider,
. Staff recommends lowering the height of the pole and better configuring the tree to blend in
with the other live trees in the grove. Additionally, staff recommends that shrubbery be
planted to obscure the equipment.
. Staff has distributed an additional Condition of Approval that was inadvertently left out of
the original Conditions which addresses the appearance of the antenna tree.
. Staff proposes a five-year limitation.
. This project was reviewed by SARC on January 20, 1998. SARC expressed concerns about
the height and size of the antenna, finding it noticeably artificial. SARC prefers a monopole
installation.
. This project is exempt from CEQA.
Chairman Lowe stated that this is the third type of antenna installation considered by the
Commission and wondered if there are any City standards to compare them.
Ms. Barbara Ryan advised that staff is in the process of drafting a Telecommunications
Ordinance,
Ms. Sharon Fierro, Senior Planner, advised that she has collected ordinances from other
California cities and has begun work on a draft for the City of Campbell,
Plamring Commission Minutes of February 10, 1998
Page 5
Chainnan Lowe asked when this might be completed.
Ms. Sharon Fierro advised that the draft is 85 percent complete. Staff is seeking authorization
ffom Council at its March 3rd meeting to proceed with the draft ordinance.
Commissioner Gibbons asked how long before the Ordinance could become effective if
authorization to proceed is obtained ffom Council.
Ms. Sharon FieITo replied that it could be finalized in four months.
Commissioner Francois asked Ms. FieITo if the application under consideration this evening
generally complies with the sample ordinances ffom other cities,
Ms. Sharon FieITo:
. Advised that in some cases there is a requirement for the applicant to hire an independent
consultant to evaluate the technology and detennine whether proposed antennas can be
lowered.
" .,
. Added that San Jose welcomes antenna applications but they don't want to see the antennas.
. Stated that staff will recommend the use of independent consultants to advise on these
applications.
Commissioner Jones presented the Site and Architectural Review Committee report as follows:
. SARC reviewed this project on January 20111 and is not in favor due to the size and mass.
. Advised that SARC believes that a monopole looks better.
. Expressed concern that this is a visible location and SARC is hesitant to go for this project.
Chainnan Lowe opened the Public Hearing for Agenda Item No.2,
Mr. David Hardy, Applicant:
. Said that the radio ffequency engineer told him that they would like to reduce the proposed
antenna to 57 feet. The antennas would be at 52 feet with five feet of foliage,
. Advised that as the trees surrounding this antenna grow, screening will be increased and the
antenna will blend in better.
Chainnan Lowe asked staff if this is not too significant a change at this late date.
Mr. Steve Piasecki advised the Commission to listen to the applicant's proposal. The
Commission may find the need for a continuance, find that they cannot support the application or
find that they can support and approve it this evening.
Planning Commission Minutes of February 10, 1998
Page 6
Mr. David Hardy:
. Stated that he hoped the reduction in height will be beneficial.
. Advised that the last minute lowering of the antenna is the result of Nextel taking a harder
look at how it uses its ftequencies. They have to be more efficient.
. Urged approval with the amended condition for a top height of 57 feet to blend in better and
make the landlord happy,
Commissioner Francois sought clarification on the amended proposed height.
Mr. David Hardy answered that the height of the antennas is at 52 feet with five feet of foliage
above.
Commissioner Francois asked if the applicant was willing to install additional landscaping in the
medium.
Mr. David Hardy answered that they never object to planting trees.
Commissioner Francois stated that the height and visibility is of concern to him.
Mr. David Hardy advised that there are trees ranging from 42 to 50 feet in height in this grove,
Over time, the antenna tree will better blend as the live trees grow higher, Added that they are
willing to provide additional planting,
Chairman Lowe asked about the beetle infestation affecting pine trees and who would be
responsible for replanting trees that die.
Mr. David Hardy advised that the arborist they have consulted with is not sure the trees on this
site are suffering from the beetle infestation, Stated that they are proposing to plant redwoods.
Ms. Barbara Ryan advised that the tallest existing tree is a Monterey Pine that is 50 feet tall,
Staff is recommending that the top of the tree antenna not be so square.
Commissioner Meyer-Kennedy advised that the greenery stops higher up the tree antenna than
on a real tree.
Ms. Barbara Ryan said that staff has already lowered the greenery and hopes to lower it further.
Commissioner Meyer-Kennedy said that she hopes it will look like other trees.
Ms. Barbara Ryan said that a condition is in place to require the antenna tree to be shaped to
blend in. The applicant is proposing a top height of 57 feet. Staff is proposing a top height of 50
feet.
Planning Commission Minutes of February 10, 1998
Page 7
Commissioner Gibbons:
. Stated that size and proportion of this tree antenna are important factors, Said that the
diameter of the trunk is massive and painted brown.
. Said that the applicant has done a good job with the plans and providing information.
. Advised that the beetle infestation is making its way down San Tomas Expressway.
. Despite the best efforts of the applicant, said that she finds that this installation is
inappropriate due to its mass and the visible location.
Commissioner Meyer-Kennedy asked if the proposed antenna tree is as massive as the one in
Walnut Creek.
Chairman Lowe asked about the composition of the tree branch materials and the impacts of high
wind on the antenna tree, Wondered if falling branches pose a hazard to people walking below.
Mr. David Hardy said he did not know but that the antenna trees are generally installed in areas
in which few people walk, Was not sure if the branches are welded on or bolted onto the pole.
Chairman Lowe asked what materials are used.
Mr. David Hardy advised that the branches are steel with fiberglass coating,
Ms, Sharon Fierro advised that Nextel will have to meet building code requirements. When
reviewing the Lawrence site, Barbara Ryan found no observable damage.
Commissioner Lindstrom asked for a comparison between this proposed installation and the
Pleasant Hill installation depicted on Attachment 6.
Commissioner Gibbons advised that the Pleasant Hill tree pole is lower than the surrounding
trees while this pole will be taller.
Mr. David Hardy added that the Pleasant Hill antenna is located on a hill and extra height is not
needed.
Commissioner Lindstrom:
. Asked whether additional foliage can be added to make the shape more conical.
. Advised that he went to look at the Lawrence installation and found that he had to look for it
to find it. Once you find it, it looks like a plastic Christmas tree.
. Said that he spoke with a local resident who lives near the Lawrence tree antenna. This
person had never noticed it.
Commissioner Meyer-Kennedy added that as Commissioners, they are trained to look for things
like this, A regular person doesn't. Suggested branches lower than proposed.
Planning Commission Minutes of February 10, 1998
Page 8
Ms. Lucy Chai, Owner, 762 Gale Drive:
. Said that she received hearing notice for tonight's meeting and appreciated the consideration
being taken by the Commission in reviewing this application.
. Advised that she is a cell phone user herself but asks that the Commission wait for the
completion of the Telecommunications Ordinance so that this antenna complies with its
eventual provisions rather than being non-confonning.
Chainnan Lowe closed the Public Hearing for Agenda Item No.2.
Commissioner Kearns:
. Suggested a more conical shape, blending in the trunk through the use of a bark-like
material.
. Said that she understands the necessity for cell phones and the antennas to achieve range of
servIce.
. Said that she hates to stand in the way of providing such service,
Commissioner Lindstrom asked for additional infonnation about adding bark-like covering to the
antenna pole,
Ms. Sharon Fierro advised that some communities have this bark on its antenna poles. Staff is
recommending the use of such bark. The site on Lawrence does not include it.
Ms. Barbara Ryan said that the addition of shrubs and trees, the use of bark on the pole will help
to blend in the antenna tree,
Commissioner Jones:
. Said that he is concerned that they are operating blind.
. They are not knowledgeable about technology and what works or doesn't work.
. Suggested waiting for completion ofthe Telecommunications Ordinance for direction.
. Said that he likes the idea of an independent consultant to come in and review such
applications,
. Said that he would like to see a moratorium on antenna installations, Is it possible to make
such a motion,
City Attorney William Seligmann advised that Council would be the body to enact such a
moratorium if the findings can be made that health and safety are being adversely affected. The
Commission can recommend that Council take such action.
Commissioner Jones asked when it would be proper to make this proposal.
City Attorney William Seligmann answered that an advisory recommendation can be made to
Council either before or after the vote is taken on this agenda item.
Planning Commission Minutes of February 10, 1998
Page 9
Chairman Lowe suggested tabling this item until the Ordinance is complete,
City Attorney William Seligmann advised that tabling is not proper, A short continuance may be
proper to see if Council is interested in enacting a moratorium. However there is no moratorium
in place now. If the Commission feels more information is required on this application, some
grounds for continuance are required.
Commissioner Gibbons said that she does not know what other options are available. Said that
the other installations are in locations not similar to this proposed site.
Chairman Lowe proposed a motion for denial of this application.
City Attorney William Seligmann advised that the Chair cannot make the motion unless he
yields the gavel.
Chairman Lowe said he would not do that.
Steve Piasecki, Community Development Director, advised that findings would be required.
City Attorney William Seligmann pointed out that draft findings for denial are included in the
staff report.
Motion:
Upon motion of Commissioner Jones, seconded by Commissioner Gibbons,
the Planning Commission voted to deny a Conditional Use Permit (UP 97-16)
to aUow the installation of a wireless antenna tree and equipment building on
property located at 700 W. Hamilton Avenue by the following roll call vote:
AYES: Gibbons, Jones, Lowe,
NOES: Francois, Kearns, Lindstrom, Meyer-Kennedy
ABSENT: None
ABSTAIN: None
The motion failed for lack of a majority,
Chairman Lowe advised the Commission that the last Nextel antenna application approved by
the Commission was appealed to Council.
Commissioner Jones asked ifhe can make the motion that Council enact a moratorium.
City Attorney William Seligmann advised that this motion would not resolved the issue of this
application,
Commissioner Lindstrom pointed out that the applicant clearly wants to address the Commission
once agam.
Planning Commission Minutes of February 10, 1998
Page 10
Chairman Lowe stated that he was not willing to reopen the hearing at this juncture.
Commissioner Lindstrom asked if Chairman Lowe would reconsider since he is asking as a
member of the Commission.
Chairman Lowe agreed to that request and reopened the Public Hearing for Agenda Item No.2.
Mr. David Hardy, Applicant:
. Said that he has been "chomping at the bit" since the mention of a moratorium,
. Suggested that under the Brown Act, this possibility should be included on the agenda so that
interested people can be present.
. Opined that most things contained in an Ordinance can be achieved through the Conditions
of Approval.
. Wamed that with such an Ordinance, instances will arise when applications will not have to
come to the Commission if compliance with the Ordinance provisions is achieved.
. Said that this is a separate agenda item.
Chairman Lowe asked the City Attorney if this perception was correct.
City Attorney William Seligmann advised that this is an ancillary issue, If Council decides to
enact a moratorium, the matter would be noticed, At this time, this is a procedural matter, a
request to Council, and as such is not in violation of the Brown Act.
Commissioner Lindstrom suggested that efforts be taken to blend the tree antenna into the grove
of trees to better fit. The tree antenna should be more like the shape of a tree with branches
extending down the pole/trunk, Asked if Mr. Hardy is aware of the Conditions.
Mr. David Hardy said that he is aware of the Conditions.
Commissioner Gibbons sought clarification that the top height being requested is 57 feet.
Mr. David Hardy reiterated that the antennas would be positioned at 52 feet with 5 feet of foliage
above the antennas,
Commissioner Gibbons said that 5-feet of foliage is insufficient.
Chairman Lowe re-closed the Public Hearing for Agenda Item No.2.
Planning Commission Minutes of February 10, 1998
Page 11
Motion:
Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner
Lindstrom, the Planning Commission adopted Resolution No. 3146
approving a Conditional Use Permit (UP 97-16) to allow the installation of a
wireless antenna tree and equipment building, with the maximum height of
57 feet (antennas at 52 feet with S-feet of foliage) and the use of bark on the
base of the pole, on property located at 700 W. Hamilton Avenue by the
following roll call vote:
AYES: Francois, Kearns, Lindstrom, Meyer-Kennedy
NOES: Gibbons, Jones, Lowe
ABSENT: None
ABSTAIN: None
Commissioner Jones re-stressed that the Ordinance is only three months away. This is a very
visible location in the City,
Chairman Lowe expressed agreement.
Motion:
Upon motion of Commissioner Jones, seconded by Commissioner Gibbons,
the Planning Commission voted to recommend, by minute action, that the
City Council place a moratorium on future antenna applications until the
City has adopted and enacted a Telecommunications Ordinance. (6-1;
Commissioner Lindstrom voted against.)
***
Chairman Lowe read Agenda Item No.3 into the record.
Public Hearing to consider the application of Pacific States Capital
Corporation for approval of a Tentative Parcel Map (PM 97-10) to
merge three parcels and the Reinstatement (R 97-06) of a Site and
Architectural Approval (S 96-16) and Conditional Use Permit (UP 96-
18) to allow the construction of a 95,000 square foot mini-storage
facility and incidental manager's living unit on property located at 50,
98 and 110 Curtner Avenue in an M-l-S (Light Industrial) Zoning
District. This project is Categorically Exempt. Planning Commission
Decision Final, unless appealed in writing to the City Clerk within 10
days,
PM 97-10/
R 97-06
Pacific States
Capital Corporation
3.
-
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O~CHA"O'
CITY OF CAMPBELL
Community Development Department. Current Planning
February 12, 1998
David Hardy
Nextel Communications
475 14th Street, Suite 200
Oakland, CA 94612
Re:
UP 97-15 - 700 W. Hamilton Avenue - Nextel Antennas
Dear Applicant:
Please be advised that at its meeting of February 10, 1998, the Planning Commission
adopted Resolution No. 3146 approving a Conditional Use Permit to allow the
installation of a wireless antenna tree and equipment building on the above-referenced
property.
This approval is effective in ten days, unless appealed in writing to the City Clerk. The
time within which judicial review of this decision must be sought is governed by
California Code of Civil Procedure, Section 1094.6.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
/~~ ~- /7~ --
¿bara Schoetz Ryan
Planner I
cc:
Scott M. Cooley (property Owner)
Contour Software
700 W. Hamilton Avenue
Campbell, CA 95008
Harold Housley, Public Works
Frank Cauthorn, Building
Wayne Hokanson, County Fire
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866,8381 . TDD 408.866.2790
2.
3.
4.
-
RESOLUTION NO. 3146
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE INST ALLA nON OF A WIRELESS ANTENNA TREE AND
EQUIPMENT BUILDING ON PROPERTY LOCATED 700 W.
HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT, APPLICATION OF MR. DAVID HARDY, ON
BEHALF OF NEXTEL COMMUNICATIONS, FILE NO, UP 97-15,
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed,
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application UP 97-15:
1.
Public service facilities are pennitted in the C-2-S Zoning District subject to the
approval of a conditional use pennit.
The project is compatible with the surrounding uses and site, subject to the
conditions of approval.
The placement of an "antenna tree" within, and at a similar height of a grove of
trees is integrated with the site,
Additional landscaping, including specimen sized redwood trees, will soften the
visual impact of the antennas and the equipment building.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
2.
3.
4.
1.
The proposed project is consistent with the General Plan and the local zoning ordinance,
and;
The proposed project as conditioned will aid in the hannonious development of the
immediate area;
The establishment, maintenance or operation of the use applied for will not be
detrimental to the health, safety, peace, morals, comfort, or general welfare of persons
residing or working in the neighborhood of such proposed use, or be detrimental or
injurious to property and improvements in the neighborhood or to the general welfare of
the City,
The proposed site is of adequate shape and size to accommodate the yards, walls, fences,
screening, landscaping and other development features required in order to integrate said
use with uses in the surrounding area,
~
Planning Commission Resolution No. 3146
UP 97-15 - 700 W. Hamilton Avenue -- Nextel
Page 2
The applicant is hereby notified, as part of this application, that helshe is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary, Additionally, the applicant is hereby notified that helshe is required
to comply with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified:
1. Al'proved Proiect: Approval is granted for a Use Permit allowing for the installation of 12
antennas, to be located no higher than needed for an adequate signal (see Condition 2), with
the top height of 57 feet (antennas at 52 feet with five feet of foliage), camouflaged to have
the appearance of a tree, including the use of bark on the trunk, a 200 square foot equipment
facility building, and a 6 foot tall chainlink fence without slats, to be located outside the
antenna pole and building, on property at 700 W. Hamilton Avenue. Project approval shall
substantially comply with project plans prepared by RPR Architects, dated stamped as
received by the Planning Department on January 20, 1997, and paint and tree samples
submitted as part of the application.
2. Height of Antennas: The applicant will provide authorization to the City to hire an
independent radio frequency consultant to review and provide a written report on the
minimum height for the antennas which would be necessary to obtain adequate signals both
in buildings and in vehicles, based upon there being antennas at proposed and existing
locations as indicated on the Nextel map of sites (red & yellow dots map in application).
This authorization will include an agreement by the applicant to reimburse the City for all
reasonable costs associated with the consultation, Any proprietary infonnation disclosed to
the City or consultant is hereby deemed not to be a public record and shall remain
confidential and not be disclosed to any third party without the express consent of the
applicant.
3. Pennits: Applicant shall obtain any pennits deemed necessary by the Building Official or the
Unifonn Building Code.
4. Building Division: The applicant shall provide engineering calculations for seismic and wind
overturning mitigation measures. UBC 106.3.3
5. Landscaping: The applicant shall prepare a detailed landscape and irrigation plan for review
and approval by the Community development Department prior to the issuance of grading or
building pennits, The plans shall include the planting plan indicated in the conceptual plan
approved by the Planning Commission with the following additions:
A. All trees shall be 36 inch box in size.
B. Additional redwood trees shall be planted southwest of the antenna to provide future
screenIng.
C. Shrubs shall be a minimum 5 gallon in size,
D. Additional shrubs shall be planted under the deodar cedars to provide future screening.
--
Planning Commission Resolution No, 3146
UP 97-15 - 700 W, Hamilton Avenue -- Nextel
Page 3
E. A drip irrigation plan, as specified in the arborist report, shall be provided,
F. The applicant shall make a good faith effort to work with the Santa Clara Valley Water
District and Santa Clara County to locate areas where off-site landscaping can be
installed to screenlblend in the visibility of the antennas.
6. Tree Protection Plan: A tree protection plan shall be prepared by the arborist who prepared
the tree survey for this application (Judith L Thomas, report dated 12/18/97), It shall include
instructions and a site plan to include, but not be limited to, tree-protection fencing, grading
methods, and root care before, during, and after construction. This plan shall be made a part
of the grading plan for the project. No grading will commence until such gradingltree-
protection plan has been approved by the Planning Department.
7. Lighting: All lighting shall be motion-sensor lighting,
8. Noise: The facility shall be operated so as to minimize any possible disruption caused by
noise. Backup generators shall be operated only during periods of power outages. At no time
shall equipment noise exceed 60 dBA at the property line.
9. Facility Maintenance: The facility, including the tree, building, fencing and all attachments,
shall be maintained in good repair, and free from graffiti and litter, Any damage shall be
repaired to minimize dangerous conditions or visual blight.
10. Landscape Maintenance: The landscaping shall be maintained in good condition at all times,
and Nexte1 Communications shall be responsible for replacing damaged, dead or decaying
landscaping. Amendments or modifications to the approved landscape plans and landscape
materials shall be submitted for review by the Community Development Department.
11. Operation per FCC Radio Frequency Emission Standards: The operator of the facility shall
demonstrate both initial compliance before commencement of operation, and continued
compliance, on a yearly basis, with Federal Maximum Permissible Exposure limits for
electric and magnetic field strength and power density for transmitters, or any more
restrictive standard subsequently adopted or promulgated by the city, county, state or federal
government.
12. Development Ap.proval Expiration: The Use Pennit approval (UP 97-15) for this project is
valid for a period of one year from the Planning Commission approval. All conditions of
approval specified herein must be completed within one year from the date of approval or the
Use pennit shall be void.
13. Review of Approval: This approval is effective for five years. The owner or owner's
representative will revisit the Use Pennit application every five years to determine that the
equipment is consistent with current technology of new installations at that time and is
visually less obtrusive as compared with what is in place at this time. .
Planning Commission Resolution No. 3146
UP 97-15 - 700 W. Hamilton Avenue -- Nextel
Page 4
14. Revocation: At any time, the Director of Community development may initiate proceedings
to revoke the permit upon a finding that the owner or operator has abandoned the facility, the
facility is no longer in compliance with the conditions of approval within 180 days after a
notice has been sent by the Director requiring the facility to be brought into compliance.
15. Appearance of Antenna Tree: To blend the "antenna tree" into the grove of trees, its shape is
to be configured to better fit with that of the surrounding existing and future trees, i.e. more
conicaÌ in shape, with the trunk to be tapered to a more natural-appearing width at the top.
The branches shall extend down the tree to a point no higher than 35 feet from the ground.
The plan submitted for a building permit with the City shall provide detail which indicates
compliance with these conditions.
PASSED AND ADOPTED this 10th day of February, 1998, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Francois, Kearns, Lindstrom, Meyer-Kennedy
Gibbons, Lowe, Jones
None
~e ~/7
APPRO~~ ~
Dennis Lowe, Chair
Steve Piasecki, Secretary
.
ITEM NO.2
STAFF REPORT - PLANNING COMMISSION MEETING OF
FEBRUARY 10, 1998
Public Hearing to consider the application of Mr. David Hardy, on behalf ofNextel
Communications, for approval of a Conditional Use Pennit (UP 97-15) to allow
the installation of a wireless "antenna tree" and equipment building on property
located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning
District.
UP 97-15
Hardy, D
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution to APPROVE the Use Pennit application to install a wireless antenna
facility on the subject property based upon the attached findings.
ENVIRONMENTAL DETERMINATION: This item is categorically exempt under Section
15301 Class 1 (a) ofCEQA; therefore no environmental action is required.
PROJECT DATA
Project Site
Net Lot Area:
Building Coverage:
Landscaping Coverage:
Paving Coverage:
Floor Area Ratio:
Antenna Facility
Total number of Antennas:
Number of Poles:
Pole Height:
Equipment Building:
Parking Required:
Surroundin~ Land Uses
North:
West:
South:
West:
3.9 acres (172,554 square feet)
51%
21%
64%
.32
12 antennas
1 monopole
64 feet
200 square feet, 10 feet in height
None
Gold's Gym/office building, Retail Center
Residential townhouses
Office building; Duplex residential
San Tomas Expressway; Commercial;
Residential Care Facility (Ming Quong)
Staff Report - Planning (",.nmission meeting of February 10. 1998
UP 97-15 - 700 W. Hamilton Avenue
Page 2
DISCUSSION
Ap.plicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow
the installation of a 64 foot tall, wireless antenna facility consisting of a monopole with a 13 foot
wide, triangular assembly of 12 antennas. camouflaged as a tree. A 10 foot tall equipment
building will be located next to the pole, The building is 200 square feet in area (10 feet by 20
feet). The two structures will be surrounded by a 6 foot tall slatted chainlink fence. with 2
strands of barbwire on top. The facility is to be located on the 5 foot tall landscaped benD next
to the San Tomas Expressway and Gail Drive. on the south side of the parking lot at 700 W.
Hamilton Avenue. The property is developed with a three-story building which houses offices
and Gold's Gym.
The applicant proposes to place the "antenna tree" between five Monterey pines. located along
the Expressway, and three deodar cedars, located along Gale Drive. Four redwood trees will be
planted along the Expressway to eventually substitute for the Monterey pines, as. per the arborist
report, they exhibit signs of a limited life.
Shrubbery, which will eventually reach 10' or greater, will be planted around the outside of the
chainlink fence to screen the fence and the equipment building.
ANALYSIS
General Plan Consistency: The General Plan land use designation for the site is Commercial.
The proposed use of this property as a wireless antenna facility is consistent with the General
Plan land use designation.
Zonin~ Consistency: The zoning designation for this site is C-2-S (General Commercial). Under
Section 21.72.120, public utilities or structures are permitted in all zoning districts subject to the
approval of a Conditional Use Pennit. The proposal is consistent with the zoning designation
with approval of a Use Pennit.
Use and Compatibilitr: Section 21.72.040 of the zoning ordinance states that applications for
use pennits are subject to Site and Architectural Review. Site or building modifications and uses
subject to a Use Pennit application are evaluated based on the following relevant criteria, per
Section 21.42.050:
.
"Consideration of the general silhouette and mass. including location on the site, elevations
and relation to natural plant coverage. all in relationship to the neighborhood."
.
" The location, height and materials of walls, fences, hedges and screen plantings to insure
hannony with adjacent development or to conceal storage areas. utility installations or other
unsightly development."
The 64 foot tall "antenna tree" will be visible to the public from the San Tomas Expressway.
The pole will also be immediately visible to persons in the adjacent office building on Gale
-
Staff Report - Planning Commission meeting of February 10, 1998
UP 97-15 - 700 W. Hamilton Avenue
Page 3
Drive, and visible from both the townhouses and duplexes on Gale Drive to the west, as well as
from the office building on the site. Staff has been in contact with the property owner, who
stated that he wants an "antenna tree" as it will be directly visible from his corner office.
Staff is concerned that the tree will not blend in, but appear artificial due to both its relative
height and shape. The 13 foot wide antenna aITaY will be located at a height of 62 feet on the 64
foot pole. The berm will add an additiona14 feet to the "antenna tree's" apparent height.
The trees next to which the "antenna tree" is to be located are lower than the proposed "antenna
tree". The "antenna tree" will be twice the height of the trees which are to screen it from view
from the residences and the office building immediately to the south. It will be 15 feet to 21 feet
taller than the trees which are to screen it from the Expressway side.
Therefore, the "antenna tree" and its antenna apparatus, at a height of 64 feet, will not be
camouflaged by the surrounding trees, but will sit above them, possibly with a noticeably
artificial appearance (See Attachment 6). Staff recommends that the "antenna tree" be lowered to
the greatest extent possible and still retain an adequate signal, based upon a study by an
independent radio frequency engineer.
Additionally, the types of trees around the antenna do not offer much screening in their top 10 to
15 feet which is thin and conical. The shape of the "tree antenna" in contrast, is wide, dense, and
ball-shaped on top. Staff recommends that the shape of the tree be configured to better fit with
that of the surround existing and future trees. The provision of off-site trees is also
recommended to be pursued.
SITE AND ARCHITECTURAL REVIEW
The Site and Architectural Review Committee (SARC) meeting was held on January 20, 1998.
The Committee recommended against approval of the tree pole due to its height, the size of the
apparatus on top, and concern that the appearance may be noticeably artificial. They indicated a
40' tall monopole would be preferable, located among the trees, with the antenna apparatus
following the linear pole form.
Attachments:
1. Findings for Approval
2. Findings for Denial
3. Conditions of Approval
4. Applicant's Statement
5. Applicant's Exhibits
6. Staff Exhibits ~
7. Location Map
Submitted by: /...... ~. å; -
arbara S. Ryan, Plann r I
Approved bY:,~ 1~
Sharon Fierro, Senior Planner
Attachment No.1
FINDINGS FOR APPROVAL OF FILE NO. UP 97-15
SITE ADDRESS: 700 W. Hamilton Avenue
APPLICANT: David Hardy of Nextel Communications
P.C. MEETING: February 10, 1998
Findings for Approval of a Use Permit application to allow for the installation of a cellular
antenna facility.
The Planning Commission finds as follows with regard to File No. UP 97-15
2.
3.
4.
1.
Public service facilities are pennitted in the C-2-S Zoning District subject to the
approval of a conditional use pennit.
The project is compatible with the surrounding uses and site, subject to the conditions of
approval.
The placement of an "antenna tree" within, and at a similar height of a grove of trees
is integrated with the site.
Additional landscaping, including specimen sized redwood trees, will soften the visual
impact of the antennas and the equipment building.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
2.
3.
4.
1.
The proposed project is consistent with the General Plan and the local ZOnIng
ordinance, and;
The proposed project as conditioned will aid in the hannonious development of the
immediate area;
The establishment, maintenance or operation of the use applied for will not be
detrimental to the health, safety, peace, morals, comfort, or general welfare of persons
residing or working in the neighborhood of such proposed use, or be detrimental or
injurious to property and improvements in the neighborhood or to the general welfare of
the City.
The proposed site is of adequate shape and size to accommodate the yards, walls,
fences, screening, landscaping and other development features required in order to
integrate said use with uses in the surrounding area.
'-
Attachment No.2
FINDINGS FOR DENIAL OF FILE NO. UP 97-15
SITE ADDRESS: 700 W. Hamilton Avenue
APPLICANT: David Hardy of Nextel Communications
P.C. MEETING: February 10, 1998
Findings for Denial of a Use Permit application to allow for the installation of a wireless
antenna facility.
The Planning Commission finds as follows with regard to File No. UP 97-15:
1.
The antennas are highly visible from public view and the existing landscaping and
artificial tree camouflage is not sufficient to screen the proposed use.
3.
The placement of the antennas at a height considerably above the existing trees will
create a visual impact that has not been adequately mitigated to render the antennas
less obtrusive from public view.
4.
The applicant has not demonstrated that alternative sites within the vicinity of the
subject property have been evaluated for comparable service that would be less
visible from public view.
5.
The proposed antenna location does not enhance the visual character of the
community.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1.
The proposed project is not consistent with the purposes and intent of the Zoning
Ordinance.
2.
The proposed project will not aid in the hannonious development of the immediate
area.
3,
The proposed site is not of adequate shape and size to accommodate the yards,
walls, fences, screening, landscaping and other development features required in
order to integrate said use with uses in the area.
4.
The establishment, maintenance, or operation of the use applied for will be
detrimental to the health, safety, peace, morals, comfort or general welfare of
persons residing or working in the neighborhood of such proposed use, or be
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the City.
--
Attachment No.3
CONDITIONS OF APPROVAL FOR FILE NO. UP 97-15
SITE ADDRESS: 700 W. Hamilton Avenue
APPLICANT: David Hardy of Nextel Communications
P.e. MEETING: February 10, 1998
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the Ordinances of the City of Campbell and the State of
California. Additionally, the applicant is hereby notified that he/she is required to comply with
all applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
1. Approved PrQject: Approval is granted for a Use Permit allowing for the installation of 12
antennas, to be located no higher than needed for an adequate signal (see Condition 2),
camouflaged to have the appearance of a tree, including the use of bark on the trunk, a 200
square foot equipment facility building, and a 6 foot tall chainlink fence without slats, to be
located outside the antenna pole and building, on property at 700 W. Hamilton Avenue.
Project approval shall substantially comply with project plans prepared by RPR Architects,
dated stamped as received by the Planning Department on January 20, 1997, and paint and
tree samples submitted as part of the application.
2. Hei~ht of Antennas: The applicant will provide authorization to the City to hire an
independent radio frequency consultant to review and provide a written report on the
minimum height for the antennas which would be necessary to obtain adequate signals both
in buildings and in vehicles, based upon there being antennas at proposed and existing
locations as indicated on the Nextel map of sites (red & yellow dots map in application).
This authorization will include an agreement by the applicant to reimburse the City for all
reasonable costs associated with the consultation. Any proprietary information disclosed to
the City or consultant is hereby deemed not to be a public record and shall remain
confidential and not be disclosed to any third party without the express consent of the
applicant.
3. Permits: Applicant shall obtain any permits deemed necessary by the Building Official or
the Uniform Building Code.
4. Buildin~ Division: The applicant shall provide engineering calculations for seismic and
wind overturning mitigation measures. UBC 106.3.3
Attachment No.3, pg.2
5. Landscapin~: The applicant shall prepare a detailed landscape and iITigation plan for review
and approval by the Community development Department prior to the issuance of grading or
building pennits. The plans shall include the planting plan indicated in the conceptual plan
approved by the Planning Commission with the following additions:
A. All trees shall be 36 inch box in size.
B. Additional redwood trees shall be planted southwest of the antenna to provide future
screenIng.
C. Shrubs shall be a minimum 5 gallon in size.
D. Additional shrubs shall be planted under the deodar cedars to provide future screening.
E. A drip irrigation plan, as specified in the arborist report, shall be provided.
F. The applicant shall make a good faith effort to work with the Santa Clara Valley Water
District and Santa Clara County to locate areas where off-site landscaping can be
installed to screenlblend in the visibility of the antennas.
6. Tree Protection Plan: A tree protection plan shall be prepared by the arborist who prepared
the tree survey for this application (Judith L Thomas, report dated 12/18/97). It shall include
instructions and a site plan to include, but not be limited to, tree-protection fencing, grading
methods, and root care before, during, and after construction. This plan shall be made a part
of the grading plan for the project. No grading will commence until such grading/tree-
protection plan has been approved by the Planning Department.
7. Li~htin~: All lighting shall be motion-sensor lighting.
8. ~: The facility shall be operated so as to minimize any possible disruption caused by
noise. Backup generators shall be operated only during periods of power outages. At no time
shall equipment noise exceed 60 dBA at the property line.
9. Facility Maintenance: The facility, including the tree, building, fencing and all attachments,
shall be maintained in good repair, and free from graffiti and litter. Any damage shall be
repaired to minimize dangerous conditions or visual blight.
10. Landscape Maintenance: The landscaping shall be maintained in good condition at all times,
and Nextel Communications shall be responsible for replacing damaged, dead or decaying
landscaping. Amendments or modifications to the approved landscape plans and landscape
materials shall be submitted for review by the Community Development Department.
11. Operation per FCC Radio FreQJlency Emission Standards: The operator of the facility shall
demonstrate both initial compliance before commencement of operation, and continued
compliance, on a yearly basis, with Federal Maximum Pennissible Exposure limits for
electric and magnetic field strength and power density for transmitters, or any more
restrictive standard subsequently adopted or promulgated by the city, county, state or federal
government.
Attachment No.3, pg.3
12. Development Approval E~iration: The Use Permit approval (UP 97-15) for this project is
valid for a period of one year from the Planning Commission approval. All conditions of
approval specified herein must be completed within one year from the date of approval or the
Use permit shall be void.
13. Review of Av¡>roval: This approval is effective for five years. The owner or owner's
representative will revisit the Use Permit application every five years to determine that the
equipment is consistent with current technology of new installations at that time and is
visually less obtrusive as compared with what is in place at this time.
14. Revocation: At any time, the Director of Community development may initiate proceedings
to revoke the permit upon a finding that the owner or operator has abandoned the facility, the
facility is no longer in compliance with the conditions of approval within 180 days after a
notice has been sent by the Director requiring the facility to be brought into compliance.
----
ATTACHMENT
4
PROJECT STATEMENT
NEXTEL COMMUNICATIONS
Proposed Telecommunication Facility
"West Hamilton"
700 W. Hamilton Avenue -
Campbell, California
APN 307-39-037
Nextel Site # CA-0890 C
RECEIVED
INTRODUCTION and PROJECT OBJECTIVES
DEC 2 2 1~.,l
CITY OF CAMPBELL
PLANN!NG DEPT.
Pursuant to Campbell Zoning Ordinance Sections 21.72,170 J and K, Nextel of
California, Inc" d.b,a, Nextel Communications, seeks a conditional Use Permit to
construct a telecommunication facility with a "tree pole" amid a grove of trees in a C-2-
S, General Commercial zone at the southeast corner of 700 West Hamilton A venue.
The 'proposed configuration will hold 12 antennas mounted in the branches of an
artifIcial tree, and an equipment building will sit on the ground next to the pole,
The communications facility will use Nextel's exclusive Enhanced Special Mobilized
Radio (ESMR) technology and is a component of the applicant's developing network
for the South Bay. Currently, six sites outside the city cover the City of Campbell.
While these sites provide a bare signal, they are insufficient to respond to all of the calls
made by Nextel customers, who increasingly encounter system busy signals. To
enhance coverage of the Highway 85 corriaor between Cupertino and Southern San
Jose in Santa Clara County, this site will link with several other planned or proposed
sites: one in Campbell near the intersection of San Tomas Expressway and Highway
17, one in the East Campbell area near Meridian Avenue, two in Saratoga along
Highway 85. (please see the map on the following page, The existing sites are shown
with yellow dots, and the proposed or planned sites are shown with red,)
"
Nextel has been authorized by the Federal Communications Commission (FCC) to
construct and operate the first multi-purpose digital ESMR system in the United States,
This communication system is currently used by consumer goods and services
companies such as construction firms, passenger shuttle companies and messenger
services, Nextel Communication also offers services to local police, fire, emergency,
and public service agencies (such as PG&E, Airponer Shuttle Services and East Bay
Municipal Utility District) as well as to the general public,
Neztel Communications £SMRfaciliry
Site 1/ CA-890 C .. West Hamilton"
Page J
-
-
The fully digital ESMR mobile communication system will °'perate in the 806 to 866
megaHertz frequency band, Although using similar frequencies as the classic cellular
systems (GTE and Cellular One), the Nextel system and target market differ from
both the cellular companies and the new Personal CommunIcation Services (PCS),
such as Pacific Bell Mobile Services (PBMS) and Sprint Spectrum, Nextel's frequency
range is considerably below that of the PCS providers, and therefore its sites can be
farther apart, Nextel's market focus is primarily to business groups, By providing
multiple functions on the same hand-held device, the Nextel communicator can serve
as a one-to-one "walkie talkie" to another person in the same work group; it can allow
on~l'erson to talk to an entire work group simultaneously for an impromptu wireless
staff meeting; and it can also serve as a cellular telephone for private, personal
conversations, Nextel currently operates from numerous antenna sites in Santa Clara
County and its cities, has approvals or applications pending for more sites, and wants
to expand its network along key highway corridors. .
Since there is coverage in most areas of Campbell, the principal reason for this site is to
add capacity to the system to handle the increased number of local customers and to
avoid aropped and blocked calls,
PROJECT DESCRIPTION
To provide clear, consistent mobile communications service in the Campbell area,
Nextel proposes to construct and operate an unmanned telecommunication facili!y on
the site of an existing three-story office building at 700 West Hamilton A venue. The
proposed facility will consist of a 200 square feet prefabricated equipment shelter and
12 antennas mounted on a pole fabricated to resemble a coniferous tree,
Site & Area Description
The area surrounding the site is a mix of commercial and residential uses, The parcel is
generally flat. According to the site survey, the site is approximately 190' above mean
sea level, rising about five feet above the surrounding parking lot and streets,
ApproximatelY. 3,8 ~cr~s in size! the subject parcel is ~oned C-2-S, It is the location of a
three-story office buddIng hoUSIng Gold's Gym, a p'Tlvate school, and the landlord's
software business, Several telecommunications facilities are located on the building's
roof, the tallest being GTE at a height of approximately 60' above ground level. The
property is surrounded by the following zoning ~ignations and land uses: R E C E lYE [
N PD Small shopping center;
S P-O & R-D-S Office builaing and single family residential; E C 2 2 1:J '7
E P-D Flood control channel, expressway, and shopping center; v
W C-2-S & P-D Commercial and multiple residential. CITY OF CAMPBELL
fL1~NNlNG DEPT
The project site is immediately bounded by parking lot on the north, flood channel to .
the east, Gale Drive to the south, and a driveway and landscape area to the West. The
nearest residence is approximately 200' southwest of the site, backing up to Gale Drive.
Nexte/ Communications ESMRfaci/ity
Site f# CA-890 C "West Hamil/on"
Page 2
-'~
The nearest condominium unit is 300' west of the site, separated by the landscaped
berm fronting Gale Drive,
Facility Description
The Nextellease area is approximately 200 square feet at the southeast corner of the
property and about 270' south of the main buIlding. The applicant will obtain its
electrical and telephone service using underground cabling connected to existing lines
at the main buildmg. New air conditioning units will be attached to the exterior wall
of the 10' by 20' prefabricated equipment shelter, .
As shown on drawings A-I and A-2, the antennas will be mounted among the branches
of the artificial tree, There will be three separate mounts, each 12' wide and designed
to hold four antennas, for a total of 12 antennas, Initially, Nextel will install only nine
antennas, with the remaining antennas to be added as the system demands. Each
antenna will be approximately l' by 4', and the top of the antennas will be
approximately 10' to 12' above the top of the surrounding trees and 62' above ground,
The trunk of the tree will consist of a steel monopole painted to resemble tree bark,
A 6' tall chain link fence with redwood slats will surround the tree pole and equipment
building. Three strands of barbed wire will top the fence,
Access to the site is by way of the existing streets and the main building parking lot;
there won't be direct access from Gale Drive, Railroad ties will be used to create the
steps from the parking lot, Other than to initially establish and maintain the
landscaping, no water is required for the Nextel facility, nor is sewer required,
For landscaping, the project will modify the existing irrigation system at the site,
Nextel has retamed a professional arborist to investIgate the site, Based upon her
recommendations, Nextel proposes to add a total of five redwood trees, Four are to be
placed at the eastern property boundary, planted between the existing Monterey pine
trees to add screening to the site and to replace eventually the pine trees when they
reach the end of their life span, The other redwood is placed to screen the facility from
the parking lot. The equipment building encroaches shghtly into the drip line of the
pine trees, however a hand-dug trench along the foundation line did not mdicate the
presence of any significant tree roots or roots that would not survive some disturbance.
The foundation of the pole will go more than 15' deep, and it is located to avoid major
branch roots from the nearby deodar tree, In th~ event that a significant deodar root is
discovered during construction, the applicant will relocate the pole accordingly to
avoid the root,
In the event of PG&E power failure, the facility will rely on lead-acid batteries for a
back-up supply lasting several hours; a generator is not a part of this project.
However, a portable generator can be Drought to the site in the event of emergency
power outage, The facility is unmanned, ana technicians visit the site, on average,
approximately once or twice per month to adjust equipment and correct problems,
Nextel Communications ESMRfacility
Site N CA-890 C .. West Hamilton"
Page 3
0 f' C.44(
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CITY OF CAMPBELL
Community Development Department. Current Planning
January 30, 1998
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the
time of 7:30 p.m., or shortly thereafter, on Tuesday, February 10, 1998, in the City Hall
Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to
consider the application of Mr. David Hardy, on behalf of Nextel Communications, for
approval of a Conditional Use Pennit (UP 97-15) to allow the installation of a wireless
antenna tree and equipment building on property located at 700 W. Hamilton Avenue in
a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only
those issues you or someone else raised at the Public Hearing described in this Notice, or
in written correspondence delivered to the City of Campbell Planning Commission at, or
prior to, the Public Hearing. Questions may be addressed to the Community
Development Department at (408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals
must be submitted to the City Clerk in writing within 10 calendar days of an action by the
Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are
available for all meetings held in the Council Chambers. If you require accommodation,
please contact the Community Development Department at (408) 866-2140, at least one
week in advance of the meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
STEVE PIASECKI
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. UP 97-15
Address: 700 W. Hamilton Avenue
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790
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City of Campbell - Community Development Department
70 N, First Street, Campbell, CA 95008
MEMORANDUM
To:
From:
Site & Architectural Review Board
Planning Staff
Subject:
Address:
Wireless Antenna Tree & Equipment Building
700 W. Hamilton Avenue (Gold's Gym Site)
Applicant's Request
The applicant, Nextel Communications, is requesting approval of
1. a 64' tall wireless antenna pole with 12 antennae, and
2. a 200 square foot equipment building 10.5 feet tall, surrounded by a 6' chainlink fence with slats and
2 strands of barb wire on top.
The site is on the north side of Gale Drive, on the landscaped berm south of the Gold's Gym parking lot,
immediately west of the San Tomas Expressway.
The pole will be located next to several Monterey Pines, deodars and a mature, healthy Coast Live Oak.
Due to 64' proposed height of the pole, the 12 antennae will be located higher than any of the trees. The applicant
intends to blend these antennae into the landscaping by using a pole camouflaged to look like a mature Monterey
Pine tree, and by the addition of redwood trees which will eventually reach the height of the antennae.
The equipment building will be painted a color called "buffalo-hide", a gray-brown, which will blend the building
into the shadows under the trees. Shrubs will be placed around the chainlink fence, to also blend the facility into the
landscaping.
Background
Surrounding uses:
South: a. Professional office building, 2 story
b. Duplexes
Gold's Gym etc. building, 3 stories with antennae on top
Residential townhouses, 2 story
The San Tomas Expressway, and The Best Products commercial site
North:
West:
East:
General Plan: Commercial
Zoning: C-2-S
Regulation:
A Utility Transmitter (Antenna) requires a Use Permit in any zone, under Section 21.72.120 of the
Municipal Code (Zoning)
Analysis
Staff requested an arborist evaluation of the site relative to:
1. Best location of building and pole regarding impact on existing trees
2. Type, health, size of existing trees
3. Recommendation on types of trees and shrubs to use for screening and blending
The arborist recommended that:
1. The structures be keep as far from the oak and deodars as possible as these are valuable, long-lived trees.
2. The Monterey Pines can be expected to be shorter lived as they are subject to beetle infestation and are
out of their natural climate range. However, the Pines now offer the main screening of the site from the
Expressway, and thus need to be preserved until replacement planting can grow up.
3. Redwood trees be used to blend in the pole antenna as these:
A. Will attain the necessary height
B. Will continue the redwood pattern established along the San Tomas Expressway and the Gold's
Gym parking lot.
4. A native shrub, Coast Silk tassel, be used for screening of the building. The shrub recommended will
attain a minimal height of 10' (height of building), will grow under the trees, and will appear natural.
Staff recommends approval of the proposal subject to:
1.
The use of "bark" instead of the buffalo-hide color paint on the pole's trunk, as
A. A smooth trunk of a gray-brown will not look natural, especially with branches that are gnarled
in texture and are red-brown;
B. The "bark" is available, and has been used on all other Nextel "trees".
The addition of2 more redwoods to the landscape plan (see diagram) in the spots most visible from Expressway
VIews.
The elimination of the redwood slats from the chainlink fencing, and the addition of 2 shrubs.
All lighting be motion-sensor lighting.
A bond be posted to ensure maintenance of the "tree" , the landscaping, and the facility.
Measures be taken to ensure the protection of the existing trees during construction.
(Tree protection plan)
2.
3.
4.
5.
6.
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City of Campbell -- Community Development Department
70 N. First Street, Campbell, CA 95008
MEMORANDUM
To:
Steve Piasecki, Community Development Director
Date: January 28, 1998
From:
Sharon Fierro, Senior Planner
Subject: Site and Architectural Review Committee - Meeting notes of January 27, 1998
The Site and Architectural Review Committee Meeting was held on Tuesday, January 27, 1998 and was
attended by Commissioners Brad Jones and Elizabeth Gibbons. The following projects were reviewed:
1. PD 97-03 - 760 Duncanville Court. Adam Aziz:
2. R 97-06/PM 97-10 - 50. 98 & 110 Curtner Avenue. Storage USA:
The applicant is requesting approval of a Re-instatement of a Site and Architectural Review approval (S 96-16)
and Use Permit approval (UP 97-18), and a Tentative Parcel Map to allow the construction of a 94,265 square
foot mini-storage facility and incidental manager's living unit at 50, 98 and 110 Curtner Avenue. The project
received approval of a Site and Architectural Review Permit and Use Permit last year, which will expire on
January 28, 1998. The applicant is also requesting approval of a Tentative Parcel Map to merge the three (3)
parcels into one parcel.
The Site and Architectural Review Committee reviewed the project and was supportive of re-instating the Site
and Architectural Review Permit and Use Permit, with the minor modifications that were approved by Staff
subsequent to the original approvals. These minor modifications include the addition of six (6) parking spaces
on the south side of the property, the reduction of building square footage, the minor changes in setbacks from
the property lines and the addition of landscaping along the east (rear) property line and along the rear of the
building.
The Committee was not supportive of granting a "Vesting" Tentative Parcel Map and requested that the map be
approved as only a Tentative Parcel Map, without the wording "Vesting".
3.
UP 97-15 - 700 W, Hamilton Avenue. Nextel Communications
The applicant is requesting approval of a 64' tall wireless antenna pole with 12 antennae, and a 200 square foot
equipment building 10.5 feet tall, surrounded by a 6' chainlink fence with slats and 2 strands of barb wire.
The pole will be located next to several Monterey Pines, deodars and a mature, healthy Coast Live Oak.
Due to 64' proposed height of the pole, the 12 antennae will be located higher than any of the trees. The
applicant intends to blend these antennae into the landscaping by using a pole camouflaged to look like a
mature Monterey Pine tree, and by the addition of redwood trees which will eventually reach the height of the
antennae. The equipment building will be painted to blend into the shadows under the trees. Shrubs will be
placed around the chainlink fence.
The Committee recommended against approval of the tree pole due to its height, the size of the apparatus on
top, and concern that the appearance may be noticeably artificial. They indicated a 40' tall monopole would be
preferable.
NEXTEL
Nextel Communications
475 14th Street, Suite 200, Oakland, CA 94612
510645-1400 FAX 510 645-1419
January 19, 1998
Ms. Barbara Ryan, Planner
City of Campbell
70 North First Street
Campbell, California
RE:
Proposed Telecommunication Facility
700 West Hamilton Avenue
APN 307-39-037
Nextel Site # CA-0890 C, "West Hamilton"
Dear Ms. Ryan,
Pursuant to the comments in your January 7, 1998, memorandum, Nextel Communications
submits the following revisions to the project filed on December 22, 1997. The revisions consist
of bringing the simulated tree branches lower on the tree to approximately 40' above ground and
specifying that the "bark" will be painted Fuller O'Brien "Buffalo Hide." Also, I want to clarify
the discrepancy between the plans and the photosimulations. The fence will be 6' tall chain link
with redwood slat inserts; on top will be three strands of barbed wire. We have revised the photo
simulations and also included photos ofthe GTE tree pole in Alamo. When you compare the
photosimulations to the plans, please keep in mind that the photosimulations are more art than
science, and that in the event of a discrepancy, the plans should prevail.
For your review I am submitting the following:
. Fifteen (15) Sets of 11" by 17" revised plans
. Six (6) Sets of 24" by 36" revised plans
. Nine (9) Color photographs of GTE tree pole
. Nine (9) Sets of revised and additional photosimulations
. One (1) Color sample
Also, I am leaving on temporary loan a sample of the shelter siding and of a pole branch, which
we would like back when we're done. Please call me at (510) 208-8864 if you have any
questions or comments or if you need additional materials.
i cerely, Ú. 0
avid B. Hartt ~
Planner
RECEIVED
.!J~N 2 0 1998
CITY OF CAMPBELL
PLANNING DEPT.
Nextel Comhn.lnications
475 14th Street, Suite 200, Oakland, CA 94612
510645-1400 FAX 510 645-1419
NEXI'El
December 22, 1997
Ms. Barbara Ryan, Planner
City of Campbell
70 North First Street
Campbell, California
RECEIVED
RE:
Proposed Telecommunication Facility
700 West Hamilton Avenue
APN 307-39-037
Nextel Site # CA-0890 C, "West Hamilton"
DEC 2 2 \::'<011'
CITY OF CAMPBELL
PLANNING DEPT.
Dear Ms. Ryan,
Nextel of California, d.b.a. Nextel Communications, wishes to construct a new
telecommunication facility on land leased from Scott Cooley. The project consists of installation
of three sectors with four panel antennas each, all mounted on a 64' tall "tree pole" set amid a
landscaped grove at the southeast comer of the parcel, and a 200 S.F. equipment building.
Pursuant to our discussions, I am submitting the following:
. One (1) Authorization form signed by property owner
. One (1) Planning Department Application
. One (1) Supplemental Application
. One (1) Project Description and Environmental Review
. One (1) Set of location maps
. Fifteen (15) Sets of 11" by 17" plans
. Six (6) Sets of 24" by 36" plans
. One (1) Set of antenna specifications
. Nine (9) Coverage maps
. Nine (9) Sets of color photographs
. One (1) Preliminary Title Report
. One (1) Contribution Disclosure Form
. One (1) Report from arborist Judith Thomas
You will note that the 11" by 17" set has been modified from the 24" by 36" set. This was done
by me to indicate the growth of the l5-gallon redwood trees after five years. Please call me at
(510) 208-8864 if you have any questions or comments or if you need additional materials.
í"1rel~, I MiYLJ /'
~rdyLI --~
Planner
PROJECT STATEMENT
NEXTEL COMMUNICATIONS
Proposed Telecommunication Facility
"West Hamilton"
700 W. Hamilton Avenue
Campbell, California
APN 307-39-037
Nextel Site # CA-0890 C
RECEIVED
INTRODUCTION and PROJECT OBJECTIVES
DEC 2 2 b~7
CITY OF CAMPBELL
PLANNING DEPT.
Pursuant to Campbell Zoning Ordinance Sections 21.72.170 J and K, Nextel of
California, Inc., d.b.a. Nextel Communications, seeks a conditional Use Permit to
construct a telecommunication facility with a "tree pole" amid a grove of trees in a C-2-
S, General Commercial zone at the southeast corner of 700 West Hamilton Avenue.
The proposed configuration will hold 12 antennas rnounted in the branches of an
artificial tree, and an equipment building will sit on the ground next to the pole.
The communications facility will use Nextel's exclusive Enhanced Special Mobilized
Radio (ESMR) technology and is a component of the applicant's developing network
for the South Bay. Currently, six sites outside the citx cover the City of Campbell.
While these sites provide a bare signal, they are insufficient to respond to all of the calls
made by Nextel customers, who increasingly encounter system busy signals. To
enhance coverage of the Highway 85 corridor between Cupertino and Southern San
Jose in Santa Clara County, this site will link with several other planned or proposed
sites: one in Campbell near the intersection of San Tomas Expressway and Highway
17, one in the East Campbell area near Meridian A venue, two in Saratoga along
Highway 85. (please see the map on the following page. The existing sites are shown
with yellow dots, and the proposed or planned sites are shown with red.)
Nextel has been authorized by the Federal Communications Commission (FCC) to
construct and operate the first multi-purpose digital ESMR system in the United States.
This communication system is currently used by consumer goods and services
companies such as construction firms, passenger shuttle companies and messenger
servIces. Nextel Communication also offers services to local police, fire, emergency,
and public service agencies (such as PG&E, Airporter Shuttle Services and East Bay
Municipal Utility District) as well as to the general public.
Nextel Communications ESMRfacility
Site # CA-890 C "West Hamilton"
Page I
The fully digital ESMR mobile communication system will operate in the 806 to 866
megaHertz frequency band, Although using similar frequencies as the classic cellular
systems (GTE and Cellular One), the Nextel system and target market differ from
both the cellular companies and the new Personal CommunIcation Services (PCS),
such as Pacific Bell Mobile Services (PBMS) and Sprint Spectrum. Nextel's frequency
range is considerably below that of the PCS provIders, and therefore its sites can be
farther apart. Nextel's market focus is primarily to business groups. By providing
multiple functions on the same hand-held device, the Nextel communicator can serve
as a one-to-one "walkie talkie" to another person in the same work group; it can allow
ont? person to talk to an entire work group simultaneously for an impromptu wireless
staff meeting; and it can also serve as a cellular telephone for private, personal
conversations. Nextel currently operates from numerous antenna sites in Santa Clara
County and its cities, has approvals or applications pending for more sites, and wants
to expand its network along key highway corridors.
Since there is coverage in most areas of Campbell, the principal reason for this site is to
add capacity to the system to handle the increased number of local customers and to
avoid aropped and blocked calls,
PROJECT DESCRIPTION
To provide clear, consistent mobile communications service in the Campbell area,
Nextel proposes to construct and °rerate an unmanned telecommunicatlOn facility on
the site of an existing three-story office building at 700 West Hamilton A venue. The
proposed facility will consist of a 200 square feet prefabricated equipment shelter and
12 antennas mounted on a pole fabricated to resemble a coniferous tree.
Site & Area Description
The area surrounding the site is a mix of commercial and residential uses. The parcel is
generally flat. According to the site survey, the site is approximately 190' above mean
sea level, rising about five feet above the surrounding parking lot and streets.
ApproximateJy 3.8 acres in size, the subject parcel is zoned C-2-S. It is the location of a
three-story office building housing Gold's Gym, a p'rivate school, and the landlord's
software business. Several telecommunications facIlities are located on the building's
roof, the tallest being GTE at a height of approximately 60' above ground level. The
property is surrounded by the following zoning designations and land uses: ~ECEIVED
N PD Small shopping center;
S P-O & R-D-S Office buiIaing and single family residential; E C 2 2 1:J~7
E P-D Flood control channel, expressway, and shopping center;
W C-2-S & P-D Commercial and multiple residential. CITY OF CAMPBELL
FL'~NNlNG DEPT.
The project site is immediately bounded by parking lot on the north, flood channel to
the east, Gale Drive to the south, and a driveway and landscape area to the west. The
nearest residence is approximately 200' southwest of the site, backing up to Gale Drive.
Nexte/ Communications ESMRfaci/ity
Site #CA-890C "WestHami/ton"
Page 2
The nearest condominium unit is 300' west of the site, separated by the landscaped
berm fronting Gale Drive,
Facility Description
The Nextellease area is approximately 200 square feet at the southeast corner of the
property and about 270' south of the main bUilding. The applicant will obtain its
electrical and telephone service using underground cabling connected to existing lines
at the main buildIng. New air conditioning units will be attached to the exterior wall
of the 10' by 20' prefabricated equipment shelter.
As shown on drawings A-1 and A-2, the antennas will be mounted among the branches
of the artificial tree. There will be three separate mounts, each 12' wide and designed
to hold four antennas, for a total of 12 antennas, Initially, Nextel will install only nine
antennas, with the remaining antennas to be added as the system demands. Each
antenna will be approximately l' by 4', and the top of the antennas will be
approxirnately 10' to 12' above the top of the surrounding trees and 62' above ground.
TEe trunk of the tree will consist of a steel monopole painted to resernble tree bark.
A 6' tall chain link fence with redwood slats will surround the tree pole and equipment
building. Three strands of barbed wire will top the fence.
Access to the site is by way of the existing streets and the main building parking lot;
there won't be direct access from Gale Drive. Railroad ties will be used to create the
steps from the parking lot. Other than to initially establish and maintain the
landscaping, no water is required for the Nextel facility, nor is sewer required.
For landscaping, the project will modify the existinþ irrigation system at the site.
Nextel has retaIned a professional arborist to investigate the site. Based upon her
recommendations, Nextel proposes to add a total of five redwood trees. Four are to be
placed at the eastern property boundary, planted between the existing Monterey pine
trees to add screening to the site and to replace eventually the pine trees when they
reach the end of their life span. The other redwood is placed to screen the facility from
the parking lot. The equipment building encroaches slIghtly into the drip line of the
pine trees, however a hand-dug trench along the foundation line did not Indicate the
presence of any significant tree roots or roots that would not survive some disturbance.
The foundation of the pole will go more than 15' deep, and it is located to avoid major
branch roots from the nearby deodar tree. In the event that a significant deodar root is
discovered during construction, the applicant will relocate the pole accordingly to
avoid the root.
In the event of PG&E power failure, the facility will rely on lead-acid batteries for a
back-up supply lasting several hours; a generator is not a part of this project.
However, a portable generator can be Drought to the site in the event of emergency
power outage. The facility is unmanned, ana technicians visit the site, on average,
approximately once or twice per month to adjust equipment and correct problems.
Nextel Communications ESMRfacility
Site # CA-890 C "West Hamilton"
Page 3
ENVIRONMENTAL REVIEW
RECEIVED
NEXTEL COMMUNICATIONS
Proposed "West Hamilton"
Telecommunication Facility
DEC 2 2 1:J~¡
CITY OF CAMPBELL
PLANNING DEPT.
The following identified topics areas are consistent with a standard environmental
review checklist form of the California Environmental Quality Act:
Earth, Air, Water, Plant Life, Animal Life
The proposed project involves minimal gradin~, because it will be located on the flat
portIOn of the bermed site. There will be no aIr emissions from the permanent
equipment. There will be no significant impact on animal life or vegetation other than
alteration of landscaping. An arborist's stuây has been performed to obtain
recommendations to preserve the existing trees at the site. The Yroject survey indicates
that the Monterey pine trees closest to the flood control channe vary in height from
44 to 50 feet above ground level. Other trees surrounding the site range from 24 to 38
feet. The project building and pole have been located to avoid the significant roots
from the trees.
Noise
The building uses air conditioners to cool the electronic equipment. The air
conditioners' specifications will meet city noise standards.
Light and Glare
The only publicly visible light associated with the project is the manually switched
lOa-watt exterior light for the equipment building. Technicians use this light only
when they visit the site and turn it off upon leaving.
Land Use
The proposed facility will begin with nine l' by 4' antennas, and as capacity requires,
will add three panel antennas. Ground coverage amounts to less than 200 square feet
of impermeable surface, which will displace some existing landscaping. Access will be
directly from the property's parking lot and not Gale Dnve.
Natural Resources
The proposed facility is a lo;w power usage facility and is not expected to increase
significantly consurnption of or demand for natural resources.
Nextel Communications ESMRfacility
Site # CA-890 C "West Hamilton"
Page 4
Risk of Upset
The proposed equipment incorporates adequate safety measures and precautions. Each
facility is monitored 24 hours a day, electronically for intrusion and environmental
disruption. The equipment shelter will contain a small sign identifying the site as a
Nextel facility and a 1-800 number to call in case of an ernergency (staffed 24 hours a
day by Nextel employees). Nextel will be in compliance with all FCC regulations
regarding signage at the facility. .
To provide four hours of back up power, eight batteries are required. A typical
battery contains a solution of approximately 34% sulfuric acid, altogether totaling 18 .
gallons of sulfuric acid for eight batteries, The project does not include a back up
generator, therefore no diesel or other fuel will be stored onsite.
Population and Housing
The proposed Nextel facility will not affect population or housing trends in the area.
Transportation and Circulation
The proposed Nextel facility will have minimal impact on traffic and circulation, Peak
use of die proposed project will be limited to the initial construction of the facility,
which should take approximately two to three weeks. After construction is complete)
the site will be visited once or twice a month for routine maintenance.
Public Services, Energy and Utilities
The small unrnanned facility will not generate demand for additional public services
and will not significantly increase demand upon existing energy sources. The
equipment will connect to and use utility systems (electrical and telephone land lines)
that are already present at the property.
Human Health
The proposed Nextel facility falls well within all state and federal regulations for
emissions of non-ionizing radiation. All antenna facilities (including radio and
television broadcasting, microwave and cellular communications, ham radios and
police radar) emit a small amount of non-ionizing radio frequency radiation. This
form of radlO wave energy is low in power and cannot ionize, or alter, the molecular
structure of living tissue.
Nextel is licensed by the FCC to operate specifically within the 806 to 866 megaHertz
frequency band at 100 watts Fer channel, a level thousands of times less powerful than
FM and TV facilities and only a fraction of the power of an ordinary home microwave
oven (which usually operates at 650 watts). The ernissions from the proposed facility
will be at a level 100 to 1,000 times below even the most conservative standard for such
radio frequency emissions (i.e" one millionth of a watt per square centimeter.)
Nexte/ Communications ESMRfaci/ity
Site # CA-890 C "West Hamilton"
Page 5
Radio frequency radiation long term exposure standards are established by the
National Council on Radiation ProtectIon (NCRP). The maximum amount of radio
frequency radiation from a Nextel facility that a hurnan being can be exposed to on a
constant basis is 0.57 m W / cm2 (milliwatts per square centimeter).
Aesthetics and Visual Impacts
The antennas for this åroject will be located on a "tree pole". This is a monopole with
fiberglass branches an leaves through which a radio wave can travel without being.
affected. The branches disguise the panel antennas, and by allowing the use of "panel
antennas, a lower effective height can be achieved. The top of the antennas will be
about 62' above ground, and will be surrounded by Monterey pine and deodar trees at
heights of 45 to 50' above ground. The height of the pole will allow the antennas to
clear the height of the surrounding trees. The effect of using the tree pole is to
integrate the antennas into the landscaping that borders San Tomas Expressway.
Instead of adding to the visual clutter of die rooftop at 700 W. Hamilton, the proposed
project will instead complernent the mature trees that characterize the established
portion of downtown Campbell. When operational, the new facility should not be
recognizable as a telecommunications facilIty other than by those who receive notice of
the public hearing. A photosimulation of the proposed facility is included with this
application, as are pictures of two other Nextel sites using a tree pole,
On the ground, the equiprnent building will be screened by Garrya elliptica, a native
drought tolerant shrub that grows to heights exceeding 10' above ground, The chain
link fence around the facility will have redwood slat insertions, and with the trees and
other landscaping, should be reasonably well hidden from public view.
Recreation
The proposed facility will have no impact on demand for existing recreational
facilities,
Archaeological and Historical
There should be none, since the site is already disturbed.
Project Alternatives
Nextel has explored numerous alternative locations, including:
. 1580 Winchester Avenue. This three-story office building was Nextel's first choice,
however antennas at the height desired by the radio frequency engineer would have
added excessively to the building's mass, and given the adverse reaction by city
staff, Nextel withdrew its application to build at this site,
Nextel Communications ESMRfacility
Site # CA-890 C "West Hamilton"
Page 6
.
1655 South Winchester Blvd, This multi-story senior housing project is a block
away from the candidate site and would offer excellent height for a Nextel facility.
However, the owners don't want antennas on the building,
1600 South Winchester Blvd, The San Jose Camera and Video store, located
immediately south of the candidate site, was not interested in leasing to Nextel.
550 West Hamilton Avenue. The "Best Building" is owned by American National
Insurance, headquartered in Virginia, did not return Nextel's telephone calls.
.
.
Nexte/ Communications ESMRfaci/ity
Site # CA-890 C "West Hamilton"
Page 7