Use Permit - Wireless - T-Mobile - Withdrawn - 2015
From: Leah Hernikl <hernikl@sbcglobal.net>
Sent: Wednesday, August 10, 2016 11:34 AM
To: Stephen Rose
Subject: Withdraw PLN2015-367, T-Mobile SF04528, 600 E. Hamilton Avenue.
Steve,
I just received confirmation fram T-Mobi{e that they will not be adding antennas at this site, and any modifications
would be conducted as maintenance, with no increase in height.
Therefore, in response to your comment below, I am requesting withdrawal of application PLN2015-367.
Thanks for all your time and support on this application to date. I really appreciate the City's efforts to try to help find a
solution within the parameters of your current ordinance.
Best,
Leah Hernikl
Zoning Specialist J Permit Me, Inc.
Consultants to T-Mobile
408.799.~t8z
hernikl~a sbcg[obaLnet
From: Stephen Rose [mailto:stephenr@cityofcampbell.com]
Sent: Friday, April 8, 2016 4:35 PM
To: Leah Hernikl <hernikl@sbcglobal.net>
Subject: RE: Timing Question: 600 E. Hamilton, T-Mobile SF04528
Leah,
If replacing will work; I would suggest (when we get there) requesting to withdraw the permit and applying
for a building permit. Now, that doesn't technically solve the outstanding issue that the original permit is
expired, but I would not hold up a building permit on that basis.
Best,
Stephen Rose ~ Associate Planner
Community Development Department
P =108.fi6(i.2142 ~ F ~0~3.871 .~ )~10
70 N. First Street, Campbell, CA 9~OOfi
City Home ~ Planning Division ~ Municipal Code
Fr®m: Leah Hernikl [_malto:hernikl._ sbc lobal.net]
Sent: Friday, April 08, 2016 4:23 PM
Via electronic mail & LISPS
.April 8, 2016
Leah Hernikl, Agent
410 Clubhouse Drive
Aptos, CA 95003
for T-Mobile
Re: File No: PLN2015-367
Address: 600 E. Hamilton Avenue
Application: Conditional Use Permit
Status: INCOMPLETE
Dear Ms. Hernikle,
The Planning Division has reviewed your application resubmittal/response of March ] 0, 2016 for
a Conditional Use Permit to install three panel antennas and minor equipment to the existing cell
site located at 600 E. Hamilton Avenue. The proposed plans were- reviewed in accordance with
the standards set forth by the P-D (Planned Development) Zoning District, the Campbell General
Plan, and the Campbell Wireless Telecommunications Ordinance (CMC 21.34). Based upon this
review, the proposed application has been deemed incomplete. The following additional
information and revisions to the plans are needed in order to continue the processing of this
application: .
APPLICATION TYPE/FORMS
1. Eligible Facility Request: The City of Campbell's Wireless Telecommunication
Ordinance is out of date and does not yet have provisions responsive to a request for
review under an Eligible Facility Request. Whereas the City of Campbell is in the
process of completing a revised Wireless Telecommunication Ordinance to address
this very issue at this time, permits seeking review and approval under Section 6409(a)
in the interim are directed to complete the .Eligible Facility Zoning Clearance
Worksheet (attached). However, to qualify under Section 6409(a) the facility must be
- in good standing with an underlying entitlement that is not expired. Pursuant to CMC
21.34.060.E. (Length of Permit Term) facilities'without an expiration date expired five
years after the effective date of the Ordinance (e.g. 2011) pursuant to the amortization
provisions contained therein. It should be noted that the subject facility has been in
operation for since 1996 (approximately 20 years) and is now well beyond the ten year
limit on facilities that the FCC determined to be unreasonably limiting (barring public
safety reasons or substantial land use reasons). As such, the base station (roof) could
PLN2015 367 --- 600E Hamilton Avenue Pa;;e 2 of 2
not be considered an eligible facility, and therefore the permit would need to remain a
Use Permit and Variance.
2. Permit Type: The subject application as presented requires a Conditional Use Permit
& Variance Request. Application forms, paperwork; and fees for a Variance remain
outstanding at this time. Staff recommends revising the project design to not exceed
6-feet from the roof the facility, or "concealing" the facility in a rooftop structure to
qualify for review as a stealth facility subject to only an Administrative Site and
Architectural Review Permit despite the height of the equipment.
DESIGN COMMENTS
3. Visibility: It is recommended to consider alternative designs which meet the City of
Campbell's Wireless Telecommunication Facility requirements. Most notably the 6-
foot maximum height from the building parapet which is not achieved in the current
design. If lowering the height of the antennas or changing the antenna panel style is
not tenable, staff would advise considering concealing the equipment within a faux
rooftop enclosure designed to mimic a building feature (i.e. rooftop penthouse). Please
be advised a tower element already exists on the property, to which the Fry's
Electronics Sign is mounted. It may be considered to house the equipment behind this
feature and close off the back/rear of this feature if RF transparency can be achieved
so the equipment would not be visible.
If you have any questions regarding these comments, please contact me at (408) 866-2142 or by
email at stephenr@cityofcampbell.com. At time of resubmittal, please provide four 24"x36"
copies of the revised plans, two I 1 "x17" copies of the revised plans, and a CD with an electronic
version (PDF format) of the plans.
Sincerely,
...
Stephen Rose
Associate Planner
cc: Paul Kermoyan, Community Development Director
encl: Eligible Facility Form
70 North First Street • Campbell, CA 9008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 • e-Ntna planning c~cityoFcampbelLcom
~~~~~~
ELIGIBLE FACILITIES REQUEST MAR ~ ®2016
T-Mobile SF04528, Proposed Modification
600 E. Hamilton Avenue CITY 01= CR~pgELt
PL.P,NNING DEPT.
The following explains this site modification within the context of Section 6409 of the
"Middle Class Tax Relief and Job Creation Act of 2012", and references the attached
National League of Cities document "Wireless Facility Siting: Model Chapter
Implementing Section 6409(aJ and Wireless Facility Siting: Section 6409(a) Checklist".
An Eligible Facilities Request is defined in Section 6409 (a)(2) as "any request for modification of
an existing wireless tower or base station that involves (A) collocation of new transmission
equipment".
^ The proposed modification is the collocation of three additional antennas to the existing
base station.
Section 6409(a) states: "Notwithstanding section 704 of the Telecommunications Act of 1996
(Public Law 104-104) or any other provision of law, a State or local government may not deny,
and shall approve, any eligible facilities request for modification of an existing wireless tower or
base station that does not substantially change the physical dimensions of such tower or base
station."
^ The proposed modification does not meet the criteria of creating a substantial change
to the facility, as discussed below, and referenced by section number to the attached
League of Cities Document:
A substantial change would occur if a modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following criteria:
(g)(i): "For towers other than towers in the public rights-of--way, it increases the height of the
tower by more than 10% or by the height of one additional antenna array with separation from
the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more than 10% or more than ten
feet, whichever is greater".
^ The proposed antennas will be at the same height as the existing installation, and will
result in no increase in height.
(g)(ii): "For towers other than towers in the public rights-of--way, it involves adding an
appurtenance to the body of the tower that would protruded from the edge of the tower more
than twenty feet, or more than the width of the tower structure at the level of the
appurtenance, whichever is greater; for other eligible support structures, it involves adding an
appurtenance to the body of the structure that would protrude from the edge of the structure
by more than six feet;"
~~~
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CITY Qi= C!'.Pb~~'~~>~LL