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Clearwire 2009 COA approvalRESOLUTION NO 3980 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT PLN2009139 TO ALLOW INSTALLATION OF CLEARWIRE WIRELESSDATA WIMAX EQUIPMENT ON AN EXISTING MONOPOLE ON PROERTY LOCATED AT 1630 W CAMPBELL AVENUE APPLICATION OF CLEARWIRE LLC FILE NO PLN2009139 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 PLN2009139 Environmental Finding 1 The project qualifies as a Categorically Exempt project per Section 15301 Class 1 of the California Environmental Quality Act CEQA pertaining to minor alterations of existing private structures Evidentiary Findings 1 The Zoning District for this property is C1 Neighborhood Commercial 2 The General Plan land use designation for this property is Neighborhood Commercial 3 Nonstealth wireless telecommunication facilities are permitted in the C1 Neighborhood Commercial Zoning District subject to the approval of a Conditional Use Permit 4 The proposed wireless telecommunications facility consists of new wirelessdata antennas and related equipment on an existing monopole The installation would include three 42 panel antennas one 12 microwave dish antenna three BTS units one GPS unit and an associated 30 cuft equipment cabinet 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 Based upon the foregoing findings of fact and pursuant to Section 2146040 of the Campbell Municipal Code the Planning Commission further finds and concludes that Planning Commission Resolution No 3980 PLN2009139 1630 W Campbell Avenue Use Permit Clearwire LLC Paae 2 1 The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code in that the review of the Planning Commission has found this project to be satisfy all applicable requirements governing development of wireless telecommunications facilities pursuant to Chapter 2134 of the Campbell Municipal Code 2 The proposed use is consistent with the General Plan in that the proposed wireless telecommunications antennas are integrated into the existing monopole as much as reasonably possible in compliance the General Plan Land Use Element Strategy LUT931Wireless Telecommunication Facilities Minimize the visual impact of wireless telecommunication facilities by designing them as an integral architectural feature to a structure 3 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 in that associated groundlevel equipment would be fully screened within an existing equipment enclosure 4 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 in that the proposed wireless telecommunication facility will be unmanned and therefore not incur traffic generation 5 The design location size and operating characteristics of the proposed use are compatible with the existing and future land uses onsite and in the vicinity of the subject property in that the proposed wireless telecommunication equipment satisfies applicable FCC exposure requirements and is therefore compatible with adjacent residential uses and 6 The establishment maintenance or operation of the proposed use 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 proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city in that the wireless telecommunication facility will provide a beneficial service to the City in manner harmonious with the community THEREFORE BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit PLN2009139 to allow installation of Clearwire wirelessdata WiMax equipment on an existing monopole on property located at 1630 W Campbell Avenue Planning Commission Resolution No 3980 PLN2009139 1630 W Campbell Avenue Use Permit Clearwire LLC Page 3 The applicant is hereby notified as part of this application that heshe is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California Where approval by the Community Development Director 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 heshe 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 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Declaration of Acceptance of All Conditions Within Commission approval the applicant shall sign the final Approval Until said Conditions are signed the propose for any permits sought from the City thirty 30 days of Planning approved set of Conditions of d Use Permit shall not be valid Acknowledged Accepted Authorized Representative of Clearwire LLC Date 2 Approved Project Approval is granted for a Conditional Use Permit PLN2009139 to allow installation of Clearwire wirelessdata WiMax equipment on an existing transmission tower The project shall substantially conform to the revised project plans and project description received by the Planning Division on March 31 2010 except as may be modified by the conditions of approval contained herein All antennas will be in anonreflective finish colored to match the transmission tower Panel antennas will be flushmounted All coaxial cabling shall be within the pole 3 Revocation of Permit Operation of the use in violation of the Conditional Use Permit 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 Director upon cessation of operations on the site exceeding a 90day period The service provider shall remove all obsolete or unused facilities from the site within 180 Planning Commission Resolution No 3980 PLN2009139 1630 W Campbell Avenue Use Permit Clearwire LLC Paae 4 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 Site and Architectural Review Permit or Use Permit shall be required prior to use or reuse of the site 6 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 resolution adopted by the Planning Commission consistent with State law Prior to the expiration of the permit the applicant shall receive a new permit approval or otherwise remove the facility prior to the permitsexpiration 7 Security Required Within thirty 30 days of Planning Commission approval the applicant shall provide an irrevocable letter of credit or other reasonable form of security satisfactory to the city attorney in an amount reasonably sufficient to cover the cost of removal for the removal of the facility in the event that its use is abandoned or its use permit or site and architectural review permit expires or is terminated and the equipment is not voluntarily removed Upgrading of Facility Required If technological improvements or developments 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 for a new Use Permit application to minimize adverse effects related to land use compatibility visual resources public safety or other environmental factors 9 Business License Required Each service provider with a wireless telecommunications facility in the City shall obtain a city business license 10 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 warning 11 Maintenance All maintenance on the antennas is to be performed between the hours of 7 amand 9 pm with the exception of emergency repairs 12 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 13 Impact on Parking The installation of wireless telecommunication facilities shall not reduce required parking on the site Planning Commission Resolution No 3980 PLN2009139 1630 W Campbell Avenue Use Permit Clearwire LLC Page 5 Safety a Public Access Restricted Antennas are to be sited in such a way and barriers and signage provided to prevent a person from passing within the safety limits established by the FCCadopted 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 FCCadopted standards including the RF radiation hazard warning symbol identified in ANSI C9521982 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 RFEMF emissions in excess of the current FCC adopted RFEMF emission standards violation of this condition shall be grounds for revocation d Hazardous Materials If the contents of the equipment cabinetbuilding 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 EMRRF emissions that the facilities are and have been operated within the then current applicable FCC standards for RFEMF emissions f Compatibility with City Emergency Services The facility shall not be operated nor caused to transmit on or adjacent to any radio frequencies licensed to the City for emergency telecommunication services such that the Citys 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 Li htin 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 maintenance 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 Resolution No 3980 PLN2009139 1630 W Campbell Avenue Use Permit Clearwire LLC Page 6 16 BackUg Generators Backup 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 800 amand 500 pm 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 backup 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 carrierservice 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 the operation and all conditions of approval for the subject installation are carried out by the new carrierservice provider However the carrierservice 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 carrierservice 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 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 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 or section or part thereof not been included herein Planning Commission Resolution No 3980 PLN2009139 1630 W Campbell Avenue Use Permit Clearwire LLC Paae 7 PASSED AND ADOPTED this 13th day of April 2010 by the following roll call vote AYES Commissioners NOES Commissioners ABSENT Commissioners ABSTAIN Commissioners Alster Cristina Gibbons and Roseberry None Ebner and Rocha Reynolds APPROVED Gibbons Chair ATTEST Paul Ker yan Acting Secretary INTERNATIONAL c. 5 10 Castillo Street Suite 303 Santa Barbara,CA 93101 Tel 805957.1637 Fax 805 957.1634 www.crowncastle.com March 24,2009 Mr.Tim Haley,Principal Planner Planning Division City of Campbell 70 North First Street Campbell,CA 95008 RE:Crown Castle "Campbell"Communications Site Intent to Renew Permit No.PLN 20002-111 1630 West Campbell,Campbell Dear Mr.Haley: Background Crown Castle USA ("Crown")owns,operates and manages telecommunications towers and infrastructure on behalf of wireless carriers and customers throughout the United States.On January 12,2007,Crown acquired the assets of Global Signal and consequently is now the owner and site manager of the stealth telecommunications facility at 1630 West Campbell, Campbell. The permit for this facility,PLN 2002-111 was a renewal of the original permit and was granted for a five (5)year period.Unfortunately,as the new site manager,Crown was not aware of this fact until the permit had expired.According to our records,the permit expired on April 21, 2008. Request Condition No.2 ofPLN 2002-111 requires the applicant to request an extension of the permit in writing.Because this facility has been determined by the Director to be a "stealth"facility,as defined by the Wireless Telecommunications Ordinance,and because this is the second renewal of the original zoning permit (CUP 96-17),Crown hereby requests that the city of Campbell extend the existing permit for a period of a minimum often (10)years by issuing an administrative approval.Crown submits to the city that the facility is in fact in compliance with the original approval and therefore its permit should be extended per this request. Crown would respectively point out that in January 2007,Senate Bill 1627 became law.Senate Bill 1627 is codified as Section 65964 and Section 65850.6 of the Government Code.Section 65964(b)stipulates that no wireless permit may be issued for a period of time less than 10-years unless substantial land use reasons are identified by the public agency.Clearly,Crown's Campbell site,being a stealth facility,should be granted a minimum 10-year renewal term. Thank you for consideration of our request.I can be reached at (805)957-1629,or by email at j on.dohm@crowncastle.com. Sincerely, C WNCAST Cc:Cynthia Qualtire,District Manager,Crown Castle CITY OF CAMPBELL SITE AND ARCHITECTURAL REVIEW PERMIT APPROVAL BY THE COMMUNITY DEVELOPMENT DIRECTOR APRIL 21, 2003 PLN2002-111 Application of Daniel Burke, on behalf of Sprint PCS, for approval of a Site Burke, D. and Architectural Review Permit to allow the continued operation of an existing stealth wireless telecommunications facility located at 1630 W. Campbell A venue in a C-1 (Neighborhood Commercial) Zoning District. PROJECT DESCRIPTION The project consists of the continued use of an existing telecommunications facility consisting of one ground mounted monopolenightpole and associated ground-mounted equipment located at 1630 W. Campbell Avenue. The existing facility was approved by a Conditional Use Permit (UP96-17) on January 14, 1997 for a period of five years and expired on January 14, 2002. Since the approval in 1997, the City has adopted a Wireless Telecommunications Facilities Ordinance to address development standards and the processing of telecommunications facilities. Under the Wireless Telecommunications Facilities Ordinance, at the time an application is submitted to allow an existing facility to remain, the Community Development Director shall determine if the facility can be reviewed as a stealth facility and approved administratively as a Site and Architectural Review Permit. The Community Development Director has found that the existing facility is a stealth facility as defined in the Wireless Telecommunications Ordinance. DISCUSSION The facility consists of one 43-foot, 2-inch tall ground mounted monopolenightpole with a light fixture mounted 18 feet, 8 inches above grade. Three flush mounted panel antennas are attached to the top of the pole. The associated ground mounted equipment cabinets are located within an existing trash enclosure across the driveway from the monopole and are not visible to the public. The facility is unmanned and operates 24 hours a day, seven days a week. The facility is serviced approximately once every 4-6 weeks or in the event of an eme!gency, such as a power outage. The continued operation of the existing facility will not have:an'effect on parking and no additional parking is required. PLN2002-111 -1630 W. Campbell Avenue Site and Architectural Review Permit Page2 The height of the existing monopole exceeds the maximum height allowed for buildings in the C-1 Zoning District. The maximum height allowed in the C-1 Zoning District is 35 feet. The applicant has submitted supplemental documentation to demonstrate how the lowering of the monopole from 43 feet, 2 inches to 35 feet would result in a compromised coverage area. The antennas need to maintain their existing height to continue to provide reliable, seamless coverage in the area due to physical obstacles that would impair the signal if the antennas were lowered. Attachments: 1. Findings for Approval of PLN2002-111 2. Conditions of Approval for PLN2002-111 Preparedby: s~ µJI//~ Stephanie Willsey, Planner I r I