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Use Permit - Cell Site - AT&T - 2014Community Development Department November 1~4, 2014 Modus, Inc. _ c/o Eric James 149 Natoma Street, 3rd Floor _ San Francisco,'CA 94105 Re: PLN2014-38 - 330 E. Hamilton Ave, Suite 7 -Site and Architectural Review Permit Dear Applicant: Please be advised that at its meeting of November 11, 2014, the Planning Commission adopted Resolution No. 4176 approving a Conditional Use Permit (PLN2014-38) for anew- cellular antenna facility to b constructed within a new cupola addition and an existing building tower to house a total of 12 antennas and associated equipment (21 RRU's, two GPS antennas, 4 surge suppression -units and equipment cabinet) on the above- referenced property. - This action is effective in ten calendar days; unless appealed in writing to the City Clerk by close of business on Friday November 21, 2014. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California, Code of Civil Procedure, unless another statute (such as California. Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Stephen Rose Associate Planner cc: Two-Forty Associates (Property Owners) - Attn: JT Bolger, President 79 Chestnut Street Ridgewood, NJ 07450-2563. - RESOLUTION NO. 4176 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW (PLN2014-38) FOR A NEW CELLULAR ANTENNA FACILITY TO BE CONSTRUCTED WITHIN A.:NEW CUPOLA ADDITION AND AN EXISTING BUILDING TOWER TQ ,HOUSE A TOTAL OF 12 ANTENNAS AND ASSOCIATED EQUIPMENT (21 RRU's, TWO GPS ANTENNAS,. 4 SURGE SUPPRESSION UNITS, AND EQUIPMENT CABINET) ON PROPERTY LOCATED Al" 330 E. HAMILTON AVENUE, SUITE 7 IN A C-2 (GENERAL COMMERCIAL) ZONING DISTRICT. .i 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 d_ id find as follows with respect to file number PLN2014=38: 1. The project site is located on the south side of E. Hamilton Avenue,. west of N. Central Avenue and east of N. Third Street. 2. The project site is zoned C-2 (General Commercial) and is.designated with a General Commercial land~use designation by the General Plan. 3. The General Plan land use designation for this property is General Commercial, and the proposed wireless telecommunications facility, as conditioned, is iri compliance with the following policies of the General Plan: Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, -industrial and commercial neighborhoods, each with ~ its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. - Policy LUT-9.31: Neighborhood Integrity: Minimize the visual impact of wireless _ telecommunication facilities by designing them as an integral architectural feature to a structure. Policy LUT-13.1: Variety of Uses: Attract and maintain' a variety of uses that. create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space;,., and while providing high quality services to the community. - r_-._ Planning Commission Resolution No. 4176 PLN2014-38 - 330 E. Hamilton Avenue, Suite 7 Conditional Use Permit with Site and Architectural Review Page 2 _ 4. Non-stealth wireless telecommunication facilities, with modifications/enlargement to an existing structure, are permitted in the. C-2 (General Commercial) zoning district subject to the approval of a Conditional 'Use Permit with Site and Architectural Review. 5. The purpose of discretionary review of wireless telecommunications facilities is to minimize the adverse visual impacts and operational effects of these facilities using appropriate design, siting and screening techniques while providing for the personal communications needs of residents, local business and government of the city and the region. _ 6. The proposed wireless facility is consistent with the standards set forth within the City's Wireless Telecommunication Ordinance regarding the height, placement and design of wireless facilities. - Based upon the foregoing findings of fact; the Planning Commission further finds and concludes that: 1. The proposed use is allowed within the applicable zoning district with the approval of a Conditional Use Permit with Site and Architectural Review and complies, as conditioned, with all other applicable provisions.of this Zoning Code and the Campbell Municipal Code. ~ - 2. The proposed use is consistent with the General Plan. 3. The proposed development. would be consistent and compatible with the General Plan and will aid in the harmonious development of the immediate area. 4. The proposed site is adequate in terms of size and shape to~ accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with ~ uses in the surrounding area. _ -, 5.- The proposed site is adequately served by streets of sufficient capacity to carry the _ kind and quantity of traffic the' use would be expected to generate. 6. The design, location, size, and operating characteristics of the proposed use, as conditioned, are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 7. The establishment, maintenance, or operation of the proposed use, as conditioned, at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the Planning Commission Resolution No. 4176 PLN2014-38 - 330 E. Hamilton Avenue, Suite 7 Conditional Use Permit with Site and Architectural Review Page 3 proposed .use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.. 8. The project will aid in the harmonious development of the immediate area. 9. The project is consistent with applicable adopted design guidelines. 10. The project is Categorically Exempt under Section 15303 Class 3 of the California Environment Quality Act (CEQA), pertaining to the construction of new small facilities and structures. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit with Site and ,Architectural Review for a new cellular antenna facility to be constructed within a new cupola addition and an existing building tower to house a total of 12 antennas and associated equipment (21 RRU's, two GPS antennas, ' 4 surge suppression units, and equipment. cabinet). on property located at 330 E. Hamilton Avenue, Suite 7, in a C-2 (General Commercial) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. 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. COMMIJIVITY DEi6ELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Conditional Use Permit with Site and Architectural Review (PLN2014-38) to allow for a new cellular antenna facility fo be constructed within a new cupola addition and an existing building tower to house a _ total of 12 antennas and associated equipment (21 RRU's, two GPS antennas, 4 surge suppression units, and equipment cabinet) on property located at 330 E. Hamilton Avenue. The project shall substantially conform to the Project Plans dated as received on October 28, 2014, except as modified by the Conditions of Approval contained herein. 2. Length of Permit Term: The_Conditional Use Permit approved herein shall be valid for a period of ten (10) years from the effective date of the Planning Commission resolution, expiring November 11, 2024. Planning Commission Re3~;ution No. 4176 PLN2014-38 - 330 E. Hamilton Avenue, Suite 7 Conditional Use Permit with Site and Architectural Review _~. Page 4 3. .Revocation of Permit: Operation of the use in violation of the Conditional Use Permit with Site and Architectural Review or any standards, codes, or ordinances of the City of Campbell shall be grounds for' consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Cessation of Operations: The service provider shall provide written notification to the v Director upon cessation of operations on the site exceeding a 90-day period. The service provider shall remove all obsolete or unused facilities from the site within 180 days of termination of its lease with the property owner or cessation of operations, whichever comes earlier. 5. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Conditional Use Permit shall be required prior to use or reuse of the site. 6. Upgrading of Facility Required: If technological improvements or developmerits occur which allow the, use of materially smaller or less visually obtrusive equipment, the service provider will be required to replace ~ or upgrade the approved facility upon ' ~ application of a new Use Permit .application to minimize adverse effects related to land use compatibility, visual resources; public safety or, other environmental factors. 7. Business License Required: -Each service provider : with a wireless . telecommunications facility in the City shall obtain a city business license. 8. No Advertising: No advertising signage or identifying logos shall be displayed on wireless telecommunications facilities,. except for small identification plates used for emergency notification or hazardous or toxic materials_vvarning. 9. Maintenance: All maintenance on the antennas is to" be performed between the hours of 7 a.m. and 9 p.m. with the exception of emergency repairs. 10. Maintenance of Finish: It is an ongoing. obligation of the applicant, assignees .and' . successors in interest to .maintain all components of the antennas and the exterior finish of the structures and equipment approved by this permit in good order. Graffiti shall be removed by repainting the surface of the structure or equipment with a matching color as soon as practical. 11. ~ Final Building Colors: The building color shall be revised to a tan color, subject to review and approval of the Community Development Director prior to building permit issuance. 12: Impact on Parking: The, installation. of wireless telecommunication facilities shall not reduce required parking on the site with the exception of when aback-up generator is operated during power outages. Planning Commission ~Resoiution No. 4176 PLN2014-38 - 330 E. Hamilton Avenue, Suite 7 Conditional Use Permit with Site and Architectural Review Page 5 13. Safety:. 4, ~ a. Public Access Restricted: Antennas are to be sited in such a way so that barriers and signage prevent a person from passing through areas that exceed the safety limits established by the FCC, in compliance with the adopted standards- for controlled access. ~ - b. Warning Signs: 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 RF emissions. c. Emissions Conditions: It is a continuing condition of this authorization that the facilities be operated in such a manner so as not to contribute to ambient RF/EMF emissions in excess of the current FCC adopted RF/EMF emission standards; violation of this condition shall be grounds for revocation. - _ , d. Hazardous Materials: If the contents of the equipment cabinet/building or base transceiver station contain toxic or hazardous materials, a sign shall be placed on or around the exterior of the base transceiver station or equipment cabinets and building warning the public. e. Periodic Safety Monitoring: The wireless telecommunications service provider shall submit to the Director, 10 days after installation of the facilities and every two years thereafter, a certification attested to by a licensed engineer expert in the field of EMR/RF emissions that the facilities are and have been operated within the then current applicable FCC standards for RF/EMF emissions. f. Compatibility with City Emergency Services: The facility shall not be operated or caused to transmit on or adjacent to any radio frequencies licensed to the City for emergency telecommunication services such that the -City's emergency telecommunications system experiences interference. g. Emergency Contact: The service provider shall provide signage .as required, including phone numbers of the utility provider, for use in case. of an emergency. The signs shall be visibly posted at the communications equipment cabinet. 14. LL-ighfing: The use of lighting shall not be allowed on telecommunication facilities unless required as a public safety measure: Where lighting is used, it shall be shielded from .public. view and operated only during times of necessity by a mainteriarice operator. - 15. Noise: The wireless telecommunication facility, including power source, ventilation and cooling facility, shall not~generate noise discernible beyond the property lines. Planning Commission ReSOiution No. 4176 PLN2014-38 - 330 E. Hamilton Avenue, Suite 7. ' Conditional Use Permit with Site and Architectural Review Page 6 - 16. Back-Up Generators: Back-up generators shall comply with the noise standard referenced above and shall only be operated during power 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 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 persons occupying residential, office or commercial uses. 19. Implementation and monitoring costs: The .wireless telecommunications service provider or its successor shall be responsible for the payment of all reasonable costs associated with "the monitoring of the conditions of approval .contained in this authorization, including costs incurred by this department, the office of the City " Attorney or any, other appropriate City department or agency. The Community Development Department shall collect costs on behalf of.the City. 20. Transfer of Operation: Any carrier/service provider authorized by the community development director or by the planning commission to operate a specific wireless telecommunications facility may assign the operation of the facility to another carrier licensed by the FCC for that radio frequency provided that the transfer is made known to the community development director in advance of theyoperation and all conditions of approval for_ the subject installation are carried out by the new carrier/service provider. However, the carrier/service provider may, without advance notification, transfer operations of the facility to its general partner or any party controlling, controlled by or under common control with the carrier/service provider. 21. Complaints and Proceedings: Should any party complain to the wireless telecommunications service provider about- the installation or operation of the facilities, which complaints are not resolved by the wireless telecommunications service provider, the wireless telecommunications service provider (or its appointed agent) "shall advise the Community Development Director of the complaint and the failure to satisfactorily resolve such complaint. If the director determines that. a violation of a condition of approval has occurred, the Community Development Director may -refer the matter to the Planning Commission for consideration of modification or revocation of the permit. 22. Severability: If any clause, sentence, section or any part of these Conditions .of Approval is for any reason held to be invalid, such invalidity shall not affect or impair ' ~ other of the remaining provisions, clauses, sentences, or sections of these conditions. It is ,hereby declared to be the intent of the City that these Conditions of Approval would have been adopted had such invalid sentence, clause ar section or part thereof not been included herein. - • Planning Commission Resoiutiori No. 4176 _ PLN2014-38 - 330 E. Hamilton Avenue, Suite 7 Conditional Use Permit with Site and Architectural Review Page 7 Building Division 23. Permits Required: A building permit application shall be required for the proposed antenna structure,. and associated standard voltage wiring. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 24. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 25. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. by 36 in. 26. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "vvet stamped" and signed by the qualifying professional person. 27. Site Plan: ~ Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and. elevations as appropriate. 28. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the architect or engineer of `record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with C.B.C Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 29. .Non-point Pollution Control Program: 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. 30. Approvals Required: The' project requires the following agency approval prior to - issuance of the building permit: a. Santa Clara County Fire Department (378-4010) ~ , - , ~ ~ - -~ Planning Commission R~J~,,ition No. 4176 ' PLN2014-38 - 330 E. Hamilton Avenue, Suite 7 ° Conditional Use Permit with Site and Architectural Review- _ Page 8 - _ ~ , PASSED AND ADOPTED this 11th day of November, 2014, by the following. roll call vote: AYES: Commissioners: Finch, Kendall, Resnikoff, Reynolds, and Rich NOES: Commissioners: None . ABSENT: Commissioners Dodd and Young ABSTAIN: Commissioners: None APPROVED: Paul Resnikoff, Chair