Loading...
Extension-AT&T UP- 2003January 14, 2004 Mr.Tom Dey AT&T Wireless Services of California 2729 Prospect Park. Drive Rancho Cordova, CA 95670 CAMPBELL i Re: PLN2003-151 -Extension of Conditional Use Permit -1300 White Oaks Road Dear Applicant: Please be advised that the Planning Commission, at its meeting of January 13, 2004, adopted Resolution No. 3533 granting an Extension (PLN2003-151) to a previously approved antenna installation to allow the continued use of the above-referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, January 23, 2004. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerel -~-.~.~- ~~ ~ Tim J. Haley Associate Planner cc: Lynn Penoyer, Public Works Frank Mills, Building Chris Veargason, County Fire 70 North First Street ~ Campbell, California 9 5008-1 4 3 6 TEL 408.866.2140 ~ Enx 408.871.5140 Too 408.866.2790 RESOLUTION N0.3533 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING AN EXTENSION OF APPROVAL (PLN2003-151) OF A PREVIOUSLY APPROVED ANTENNA INSTALLATION (AT&T) TO ALLOW THE CONTINUED USE ON PROPERTY OWNED BY UNMAN REALTY GROUP LOCATED AT 1300 WHITE OAKS ROAD IN ~1N M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. FII.E NO. PLN'~003-151. 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 PLN2003-151: The proposed wireless telecommunications facility is consistent with the General Plan land use designation of Light Industrial. 2. The proposed wireless telecommunications facility is consistent with the M-1-S Zoning District with approval of a Conditional Use Permit. 3. The equipment room will be housed within tt~e building and all antennas will be screened by an architecturally compatible roof screen. 4. The panel antennas are mounted inside the ,existing roof screen and aze not visible to the exterior of the building. The antennas would not be visible from the exterior of the roof screen. 5. The installation of the wireless antenna facility does not impact the existing parking facilities. No parking spaces are required for this project because the facility would be unmanned and would require a site maintenance visit approx$mately once a month. 6. The project qualifies as a Categorically Exenppt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental QU~ality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the City's General Plan and Zoning Ordinance. 2. The establishment, maintenance, or operation of the use will not be detrimental to the public 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. 3. The proposed use is compatible with the uses in the azea. Planning Commission Reso~,..~on No. 3533 PLN2003-151 -- 1300 White Oaks Road -Extension of Approval - AT&T Antennas Page 2 4. The subject site is adequate in size and shape to accommodate the yards,. walls, fences, parking and loading facilities, landscaping ai~jd other development features required in order to integrate said use with uses in the surrounding area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 6. The proposed project will aid in the enhancement and the harmonious development of the immediate area. 7. There is a reasonable relationship and a roy~gh proportionality between the conditions of approval and the impacts of the project. 8. No substantial evidence has been presente which shows that the project, as currently presented and subject to the required conditi ns of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED hat the Planning Commission approves An Extension of Approval (PLN2003-151) of a prev ously approved antenna installation to allow the continued use of property owned by Lipman Re lty Group located at 1300 White Oaks Road in an M-1-S (Light Industrial) Zoning District, subjd=ct to the following conditions: Where approval by the Director of Communi~ Director, City Attorney or Fire Department is re all applicable conditions of approval, adopted regulations and accepted engineering practices applicant is hereby notified that he/she is req Ordinances of the City of Campbell and the Sta and are not herein specified. y Development, City Engineer, Public Works luired, that review shall be for compliance with policies and guidelines, ordinances, laws and for the item under review. Additionally, the sired to comply with all applicable Codes or e of California that pertain to this development AR' Planning Division Approved Project: Approval is granted for co-location of a wireless telecommunical California located at 1300 White Oaks Rc with project plans dated as received by the as may be modified by the conditions of apl Conditional Use Permit to allow the continued ns facility for AT &T Wireless Services of 1. Project approval shall substantially comply fanning Division on November 1, 2003, except rval herein. 2. Length of Permit Term: This Conditional U~e Permit shall expire five years from the date of approval, on January 23, 2009. If the use i~ to continue, the applicant shall re- apply for a new Conditional Use Permit. Planning Commission Resoi~..on No. 3533 PLN2003-151 -- 1300 White Oaks Road -Extension of Approval - AT&T Antennas Page 3 3. Up rg ading of Facility Required: If tecr which allow the use of materially smaller provider will be required to replace or upl new Conditional Use Permit to minimize visual resources, public safety, or other env ogical improvements or developments occur less visually obtrusive equipment, the service le the approved facility upon application for a ~erse effects related to land use compatibility, imental factor. 4. Business License Required: A City Busin s License shall be obtained for this operation prior to the issuance of a building permit and shall be renewed annually. 5. Outdoor Storage: No outdoor storage is permit. on the property in conjunction with this 6. Maintenance of Facilities: It is an ongoing and successors in interest to maintain the approved by this permit in good order. Fa as soon as practical. 7. Cessation of Operations: The service ~ Community Development Director upon day period. The service provider shall re within 180 days of termination of its lease whichever comes earlier. 8. New Permit Required: If a consecutive operations, a new Conditional Use Permit 9. Security Required: The applicant shall prov or other reasonable form of security, sati reasonably sufficient to cover the cost of re. abandoned or its Conditional Use Permit ex voluntarily removed. An estimate of the Wireless Services for review by the City prio 10. Utilities: All new on-site utilities shall be Campbell Municipal Code for any new or comply with all plan submittals, permitt companies. gation of AT&T Wireless Service, assignees, rior finish of the roof screen and equipment peeling, or damaged paint shall be repainted ler shall provide written notification to the :ion of operations on the site exceeding a 90- all obsolete or unused facilities from the site the property owner or cessation of operations, ~d of 180 days has lapsed since cessation of be required prior to use or reuse of the site. 3e an irrevocable letter of credit, cash deposit, Factory to the City Attorney, in an amount loyal of the facility in the event that its use is fires or is terminated and the equipment is not ost of removal shall be provided by AT&T to submittal of security. led underground per Section 20.36.150 of the >deled buildings or additions. Applicant shall and fee requirements of the serving utility 11. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets or c ble trays painted to match the structure. 12. Compatibility With City and County Fire l~mer ency Services: The facility shall not be operated nor caused to transmit on or adjacenjt to any radio frequencies licensed to the City or Planning Commission Reso~_ _.on No. 3533 PLN2003-151 -- 1300 White Oaks Road -Extension of Approval - AT&T Antennas Page 4 County Fire Department for emergency t. emergency telecommunications system ex 13. Lighting The use of lighting shall not be 14. No Advertising: No advertising signage or telecommunications facilities, except for notification or hazardous or toxic materials 15. Noise: The telecommunications facility, it facilities, shall not generate noise discerni properties. The noise level on adjacent prol 65dBA or an interior noise level of 45 dBA i unication services such that the agencies' interference. on telecommunication facilities. fying logos shall be displayed on wireless identification plates used for emergency Sing .power source, ventilation and cooling to a person of normal hearing on adjacent es shall not exceed an exterior noise level of i a building with windows and doors closed. 16. Back-Un Generators: Backup generators stall comply with the noise standard referenced above and shall only be operated during plower outages or for testing and maintenance between the hours of 8:00 a.m. and 5:00 p.m.~ Monday through Friday. 17. Heat Generation: The wireless telecommunication facility, including power source and cooling facility, shall not be operated so as I,to cause the generation of heat that adversely affects any building occupant. '' 18. Odors: The testing of back-up generators shall not produce odors that adversely affect the public. 19. Maintenance Hours: Normal maintenance activities shall only occur between the hours of 8:00 a.m. and 5:00 p.m., Monday through Sat~rday, excluding emergency repairs. 20. Safety ', A. Public Access Restricted: Antennas ark to be sited in such a way and barriers and signage provided to prevent a person fro passing within the safety limits established by the FCC-adopted standards for controlled access. B. Warning Si ns: Signage shall be maintained at the facility identifying all wireless telecommunication facility equipment and safety precautions for people nearing the equipment as may be required by any applicable FCC-adopted standards, including the RF radiation hazard warning symbol identified in ANSI C95.2-1982, to notify persons that the facility could cause exposure to R~ emissions. C. Emissions Conditions: It is a continuing condition of this authorization that the facilities be operated in such a manner so as not ~o contribute to ambient RF/EMF emissions in excess of then current FCC adopted R~/EMF emission standards; violation of this condition shall be grounds for revocation. Planning Commission Reso~.. _.on No. 3533 PLN2003-151 -- 1300 White Oaks Road -Extension of Approval - AT&T Antennas Page 5 D. Periodic Safetv Monitoring: The wirel'r~s telecommunications service provider shall submit to the Community Development Director 10 days after installation of the facilities, and every two years thereafter, ~ certification attested to by a licensed engineer expert in the field of EMR/RF emission, that the facilities are and have been operated within the then current applicable FCC', standards for RF/EMF emissions. Asa co- loration site, the report shall compare EN~R/RF emissions at this location generated by all uses to the limits- established by the FCC. ,The report shall be written in plain English. E. Emergency Contact: The service provider shall provide signage as required, including phone numbers of the utility provider, fob use in case of an emergency. The signs shall be visibly posted on the communications equipment cabinet. PASSED AND ADOPTED this 13th day of Janu~ry, 2004, by the following roll call vote: AYES: Commissioners: Alderete, D~orley, Francois, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Gibbons anal Hernandez ABSTAIN: Commissioners: None ~' APPROVE>p: George Doorley, Chair ATTEST: Sharon Fierro, Secretary