PC Res 4709RESOLUTION NO. 4709
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW (PLN-2023-
1) TO ALLOW THE CONSTRUCTION OF A 75-FOOT WIRELESS
FACILITY TOWER DESIGNED TO RESEMBLE A EUCALYPTUS TREE
ON PROPERTY LOCATED AT 2633 S. BASCOM AVENUE. THE
PROJECT INVOLVES SEEKING A SPECIFIC EXCEPTION TO
EXISTING ZONING REGULATIONS, AS THE PROPOSED TOWER
EXCEEDS THE PROPERTY’S STANDARD ALLOWABLE HEIGHT
LIMIT (35 FEET) IN THE NC (NEIGHBORHOOD COMMERICAL)
ZONING DISTRICT. PROJECT FILE NO.: PLN-2023-1
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission did find as follows with regard to application PLN-2023-1:
1. The project site is zoned NC (Neighborhood Commercial) and designated Neighborhood
Commercial by the General Plan.
2. The project site is located behind commercial buildings near the northwest corner of S.
Bascom Avenue and Union Avenue.
3. Access to the site is provided by a 450-foot long, 20-foot-wide private alleyway with
entrances on Cambrian Drive and South Bascom Avenue.
4. The front parcel is currently developed with a commercial building occupied by a private
communications services business, and the rear property is developed with many
existing buildings that support the front parcel’s business operations.
5. Many of the existing buildings are considered to be nonconforming with the City’s current
zoning standards, but are allowed to continue in accordance with CMC Section
21.58.050 (Restrictions on nonconforming structures), as they were constructed prior to
the site’s annexation to the City in 2013.
6. The applicant is requesting approval of a Conditional Use Permit with Site and
Architectural Review to allow for the establishment of a new concealed wireless facility
(artificial tree pole) with a request for a limited exemption from standards to retain the
existing height of the facility.
7. The facility would be designed to resemble a eucalyptus tree which, as designed and
conditioned, may be found to satisfy the requirements of the city’s adopted Wireless
Communications Facilities Ordinance and Wireless Facility Design Requirements.
8. All aspects of the design of the facility, including the size and width of the facility and
surrounding canopy of artificial branches, contribute to the concealment of the facility.
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9. Any increase to the height and width of the facility as measured to the edge of the exterior
branches as depicted on the project plans would defeat the concealment of the artificial
tree as designed.
10. The maximum allowable height of a structure in the NC zoning district is 35-feet, where
the existing/proposed facility would be 75-feet, not including the addition of new artificial
branches that will be used conceal the facility as a eucalyptus tree.
11. The applicant bears the burden of demonstrating why a limited exemption to standards
(height) should be granted.
12. For the city to approve a limited exemption, the applicant must demonstrate with clear
and convincing evidence that a significant gap in the applicant’s service coverage exists
(or in this case, would occur without the requested height) and that all alternative sites
identified in the application review process are either technically infeasible or not
potentially available.
13. The applicant has provided an analysis of the service coverage of the carrier to be
served by the proposed tower facility (AT&T) and resulting gap in coverage that would
occur without the facility at the proposed height.
14. The applicant also provided an assessment of alternative locations considered, and why
they were found to be infeasible.
15. To assist the Planning Commission in its assessment, a third-party consultant was hired
to determine the impact that reducing the tower height would have on wireless coverage.
16. The third-party consultant report concludes that the requested height may be
supported on the basis that the tower's height of 65 feet is strategically chosen. This
height is crucial to achieve desired coverage and also allows for the possibility of
colocation, where other carriers can place their equipment on the same tower, thus
reducing the need for multiple structures. A technical breakdown in the findings of the
report was provided comparing coverage at 65 feet versus 45 feet, illustrating
significant reductions in coverage at the lower height, especially in the mid-band
spectrum which provides faster data speeds.
17. The third-party consultant report included a list and evaluation of alternative sites,
detailing why they are infeasible for the proposed wireless facility. Reasons cited
include unsuitable locations, restricted heights on existing structures, and landlords'
reluctance to grant long-term leases. Additionally, three alternative PG&E electric
transmission lattice towers are positioned too far north to provide necessary coverage
and would cause undesirable interference with other AT&T sites, reinforcing the
chosen site as the most viable option to avoid coverage gaps.
18. As the requested height and placement of the facility may be found necessary to avoid
a significant gap in coverage, and in consideration that all alternative sites identified in
the review process are either technically infeasible or not potentially available, the
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Planning Commission may approve a limited exemption to standards to allow an
increase in height at the proposed location.
19. Although the project includes development plans, it does not require a separate
architectural review permit application but is subject to site and architectural review in
accordance with CMC 21.46.050 (Site and architectural review).
20. Applicable General Plan Policies considered by the Planning Commission included, but
were not limited to, the following:
Policy CD-4.6: Minimize the visual impact of wireless telecommunication facilities by
designing them as an integral architectural feature to a structure.
Policy ED-5.10: Encourage the evolution of retail centers and commercial corridors into viable
activity nodes by supporting integration of uses that provide necessary or
useful services or amenities that will benefit nearby residential areas and
commercial establishments. Encourage a variety of uses (such as hotel,
office, entertainment, recreational, and residential uses) to locate in shopping
districts.
21. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
Based upon the foregoing findings of fact, and in consideration of the entire administrative
record, the Planning Commission further finds and concludes that:
Wireless Communications Facilities Findings (CMC Sec. 21.34.110):
1. The proposed facility, or modification to an existing facility, as conditioned will be a stealth
or concealed facility as defined in Section 21.34.200;
2. The proposed facility, or modification to an existing facility, as conditioned will comply
with all requirements of Chapter 21.34 (Wireless Communications Facilities);
3. The proposed facility, or modification to an existing facility, as conditioned will comply
with all applicable design guidelines;
4. The proposed facility, or modification to an existing facility, as conditioned will be
consistent with the general plan;
Conditional Use Permit Findings (CMC Sec. 21.46.040):
5. 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;
6. The proposed use is consistent with the General Plan;
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7. 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;
8. 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;
9. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the subject
property;
10. 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;
Site and Architectural Review Permit Findings (CMC Sec. 21.42.060.B):
11. The project will be consistent with the General Plan;
12. The project will aid in the harmonious development of the immediate area;
13. The project is consistent with applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
Environmental Finding(s) (CMC Sec. 21.38.050):
14. The project is Categorically Exempt under Section 15301 (Class 1) of the California
Environmental Quality Act (CEQA), pertaining to the operation and leasing, and/or minor
alteration of an existing private structure; and
15. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a
Conditional Use Permit with Site and Architectural Review (PLN-2023-1) to allow the
construction of a 75-foot wireless facility tower designed to resemble a eucalyptus tree on
property located at 2633 S. Bascom Avenue. The project involves seeking a specific
exception to existing zoning regulations, as the proposed tower exceeds the property’s
standard allowable height limit (35 feet) subject to the attached Conditions of Approval
(attached Exhibit A).
PASSED AND ADOPTED this 25th day of June 2024, by the following roll call vote:
Planning Commission Resolution No. 4709 Page 5 of 5
2633 S. Bascom Ave
Conditional Use Permit w/Site and Arch. | Concealed Facility (Artificial Tree) (PLN-2023-1)
AYES: Commissioners: Zisser, Kamkar, Fields, Krey
NOES: Commissioners:
ABSENT: Commissioners: Buchbinder, Majewski
ABSTAIN: Commissioners: Ostrowski
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan Zisser (Sep 6, 2024 15:35 PDT)
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit with Site and Architectural Review
(PLN-2023-1)
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.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
1. Approved Project: Approval is granted for a Conditional Use Permit with Site and
Architectural Review (PLN-2023-1) to allow the construction of a 75-foot wireless facility
tower designed to resemble a eucalyptus tree on property located at 2633 S. Bascom
Avenue. The project involves seeking a specific exception to existing zoning regulations,
as the proposed tower exceeds the property’s standard allowable height limit (35 feet).
The project shall substantially conform to the Project Plans included as Attachment B in
the June 25, 2024, Planning Commission Staff Report, except as may be modified by
the Conditions of Approval contained herein.
2. Permit Approval Expiration: The Conditional Use Permit with Site and Architectural
Review (PLN-2023-1) shall be valid for one year from the date of final approval (expiring
July 5, 2025). Within this one-year period, an application for the Building Permit must be
issued. Failure to meet this deadline or expiration of the Building Permit plan check or
issued Building Permit will result in the Conditional Use Permit with Site and Architectural
Review being rendered void.
3. Plan Revisions: The construction plans submitted for a building permit shall include the
following revisions to the satisfaction of the Community Development Director and
Building Official prior to Final Inspection as follows:
a. Photo-Simulations
i. Provide updated photo simulations that depict the Faux tree which shall
demonstrate that the proposed facility shall replicate the shape,
structure, and color of live trees, and be designed to look like the tree
species they intend to replicate.
ii. Branching shall not make the tree look top-heavy or unnatural.
b. Elevations
i. The elevations shall be updated to depict branch connections reflecting
a rounded top with tapering toward the bottom of the pole. Poles should
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Conditional Use Permit with Site and Architectural Review (PLN-2023-1)
be five feet shorter than the overall height of the faux tree to allow
branching at the top of the tree.
ii. Each segment of the proposed facility shall be demonstrate 3 branches
per foot, extending 18-inches as required by the City’s Wireless Facility
Design Requirements.
iii. The materials used shall be non-reflective and nonflammable.
c. Detailed specifications demonstrating the following must be provided during
the Building Permit plan review.
i. Utilize faux trees that replicate the shape, structure, height, and color
of live trees.
ii. The canopy shall completely envelop all tower-mounted equipment and
extend beyond the tower-mounted equipment at least 18 inches.
iii. The canopy shall be naturally tapered to mimic the particular tree
species.
iv. All faux trees must incorporate a sufficient number of branches (no less
than 3 branches per foot) and design materials so that the structure is
as natural in appearance as possible.
v. Where branches are connected to the pole, the branches shall make a
seamless connection with the faux bark cladding.
vi. All tower-mounted equipment, including, without limitation, antennas,
equipment cabinets, cables, mounts and brackets, shall be painted flat,
natural colors to mimic the bark or branches of the particular tree
species based on the predominant backdrop.
vii. All antennas and other tower-mounted equipment cabinets shall be
covered with leaf or needle “socks” to blend in with the faux foliage. i.
The entire vertical structure shall be covered with permanently-affixed
three- dimensional faux bark cladding to mimic the particular tree
species.
viii. All coaxial cables must be routed directly from the ground up through
the pole
4. Contractor Contact Information Posting: The project site shall be posted with the name
and contact number of the lead contractor in a location visible from the public street prior
to the issuance of building permits. The contractor contact information posting shall be
removed upon project completion (building permit final).
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2633 S. Bascom Ave
Conditional Use Permit with Site and Architectural Review (PLN-2023-1)
5. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. The project site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior to the issuance of building
permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m.
and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on
Sundays or holidays unless an exception is granted by the Building Official.
c. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air compressors and
portable power generators, shall be located as far as possible from noise-sensitive
receptors such as existing residences and businesses.
f. Use standard dust and erosion control measures that comply with the adopted Best
Management Practices for the City of Campbell.
6. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working
hours that result in verified complaints may result in the issuance of a Stop Work Notice
issued to the project with cessation of work for a minimum of seven (7) days from the
date of issuance and an Administrative fine of up to $1,000.00.
7. Timely Completion: Once under construction it shall be the obligation of the property
owner and contractor to demonstrate continued progress on the project. In the event the
building permit expires, the City may impose fines or exercise administrative remedies
to compel timely completion of work.
8. No Expansion of Ground Mounted Equipment: The facility is not approved for any
expansion of the ground mounted equipment. Accordingly, no expansion of the ground
mounted equipment shall be permitted to be added to the site as part of an Eligible
Facilities Request (EFR) request made under Section 6409(a) and FCC rules
implementing Section 6409 of the Spectrum Act, codified at 47 U.S.C. 1455.
9. Cessation of Operations: The service provider shall provide written notification to the
community development director upon cessation of operations on the site exceeding a
ninety-calendar day period. The service provider, permittee and/or property owner shall
remove all obsolete or unused facilities from the site within one hundred eighty calendar
days of termination of the lease with the property owner or cessation of operations,
whichever comes earlier.
a. New Permit Required. If a consecutive period of one hundred eighty calendar
days has lapsed since cessation of operations, a new permit shall be required
prior to use or reuse of the site.
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2633 S. Bascom Ave
Conditional Use Permit with Site and Architectural Review (PLN-2023-1)
10. Supersede: The subject permit shall supersede all prior land use entitlements related to
the subject facility.
11. Pole Height: The height of the artificial tree pole (tower facility) may not be increased
beyond 75 feet.
12. Branch Height: The height of the branches may extend 18 inches beyond the height of
the artificial tree pole to provide additional concealment.
13. Length of Approval: The subject permit shall be valid for a period of ten years from the
effective date of the approval (expiring July 5, 2035) but may be reduced for public safety
reasons or substantial land use reasons pursuant to Government Code Section
65964(b). Use permits and site and architectural review permits approved prior to the
effective date of the Wireless Ordinance shall expire pursuant to the previously approved
permit term. Nothing contained in this permit is intended to revive or extend any permit
or use that expired on or prior to the effective date of the Wireless Ordinance.
a. The permit may be renewed for subsequent time periods, subject to the following:
i. The renewal application is filed with the community development
department prior to expiration, but no earlier than twenty-four months
prior to expiration.
ii. The subject permit approval may be administratively extended by the
community development director from the initial approval date for a
subsequent ten years and may be extended by the community
development director every ten years thereafter upon verification that the
facility continues to comply with the Wireless Ordinance (as may be
amended from time to time) and all conditions of approval under which
the facility was approved. All costs associated with the review process
shall be borne by the service provider, permittee and/or property owner.
b. If a request for renewal of the required permit(s) is not timely received and the
permit expires, the City may declare the facility(ies) abandoned or discontinued in
accordance with Section 21.34.070(A)(16) (Abandonment).
14. Business License Required: Each service provider with a wireless communications
facility in the City shall obtain and maintain a City business license. An application for a
Business license must be submitted an approved prior to building permit issuance.
15. Implementation and Monitoring Costs: The wireless communications permittee, service
provider or its/their successor shall be responsible for the payment of all reasonable
costs associated with the monitoring of the conditions of approval, including, but not
limited to, costs incurred by the community development department, the office of the
city attorney or any other appropriate City department or agency, to the full extent such
Planning Commission Resolution No. 4709 Page 5 of 8
2633 S. Bascom Ave
Conditional Use Permit with Site and Architectural Review (PLN-2023-1)
costs are recoverable or collectible under applicable state and/or federal law. The
community development department shall collect costs on behalf of the City.
16. Development and Operational Standards: All facilities shall satisfy the development
standards of the district in which they are proposed, as well as the Development and
Operational Standards outlined in CMC 21.16 (e.g. Electrical Interference, Light and
Glare, Noise, Odor, Vibration, Maintenance) and the Site Development Standards (e.g.
as specified in CMC 21.18). Exceptions to development and operational standards shall
only be permitted for (A) an eligible facility request to the extent required by law, (B) a
subsequent collocation facility to the extent required by California Government Code
section 65850.6(a), or (C) for a stealth facility when such exception is limited to maximum
allowable heights, or minimum setbacks, and when such exception would not result in a
perceivable visual impact.
17. Permits: All permits required for the installation of the facility and associated
improvements, shall be completed prior to operation of the facility (or component of that
facility).
18. Concealment: Every aspect of the facility design is considered an element of
concealment including, but not limited to, the dimensions, bulk and scale, color,
materials, and texture. Any modification to the facility shall be considered to defeat the
concealment of the facility, and shall not be permitted, except as expressly provided
below:
a. Adding or Enlarging Antennas: Antennas may be added to, or enlarged in size,
within the canopy of the artificial tree tower when they are covered with leaf
“socks” that match the color of the foliage and do not encroach within 18-
inches of the outer edge of the artificial branches. Branches may not be
removed, added, or extended, to provide for the addition or enlargement of
antennas on the facility.
b. Ground-Mounted Equipment: Equipment may be added to, or enlarged in size,
within the existing building, but may not be added within the existing ground-
mounted equipment enclosure unless the following conditions are met:
i. The existing chain link fencing is removed and replaced with a solid,
opaque wooden fence, or masonry wall, approved by the community
development director.
Note: Fences or walls exceeding the maximum height permitted by the
Campbell Municipal Code shall require review and approval of a fence
exception.
ii. Any equipment added, or enlarged in size, do not exceed the height of
the opaque wooden fence, or masonry wall, once established.
Planning Commission Resolution No. 4709 Page 6 of 8
2633 S. Bascom Ave
Conditional Use Permit with Site and Architectural Review (PLN-2023-1)
19. Compliance with Applicable Laws: The permittee and service provider shall at all times
comply with all applicable provisions of the CMC including, but not limited to, Title 21
(Zoning), any permit or approval issued under the CMC including, but not limited to, Title
21 (Zoning), and all other applicable federal, state and local laws, rules and regulations.
Failure by the City to enforce compliance with applicable laws, rules or regulations shall
not relieve any permittee of its obligations under the CMC including, but not limited to,
Title 21 (Zoning), any permit or approval issued under the CMC, or any other applicable
laws, rules and regulations.
20. Compliance with Approved Plans: The facility shall be built in compliance with the
approved plans on file with the Community Development Department. Projects shall not
be approved at final inspection if they do not match the approved exhibits, including photo
simulations.
21. Inspections; Emergencies: The City or its designee may enter onto the facility area to
inspect the facility upon reasonable notice to the permittee in times of emergency. The
permittee shall cooperate with all inspections. The City reserves the right to enter (or
direct its designee to enter) the facility and support, repair, disable or remove any
elements of the facility in emergencies or when the facility threatens imminent harm to
persons or property.
22. Contact Information for Responsible Parties: The permittee shall at all times maintain
accurate contact information for all parties responsible for the facility, which shall include
a phone number, street mailing address and email address for at least one natural
person. All such contact information for responsible parties shall be provided to the
community development director upon request.
23. General Maintenance: The site and the facility, including but not limited to all
landscaping, fencing, concealment features, and related transmission equipment, must
be maintained in a neat and clean manner and in accordance with all approved plans
and conditions of approval.
24. Graffiti Removal: All graffiti on facilities must be removed at the sole expense of the
permittee within forty-eight hours after notification from the City.
25. FCC (including, but not limited to, RF Exposure) Compliance: All facilities must comply
with all standards and regulations of the FCC and any other state or federal government
agency with the authority to regulate such facilities.
26. Abandonment:
a. To promote the public health, safety and welfare, the community development
director may declare a facility (or component of a facility) abandoned or
discontinued when: (a) The permittee or service provider abandoned or
discontinued the use of a facility (or component of a facility) for a continuous
period of ninety calendar days; or (b) The permittee or service provider fails to
respond within thirty calendar days to a written notice from the community
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Conditional Use Permit with Site and Architectural Review (PLN-2023-1)
development director that states the basis for the community development
director's belief that the facility (or component of the facility) has been abandoned
or discontinued for a continuous period of ninety calendar days; or (c) The permit
expires and the permittee has failed to file a timely application for renewal.
b. After the community development director declares a facility (or component of a
facility) abandoned or discontinued, the permittee shall have sixty calendar days
from the date of the declaration (or longer time as the community development
director may approve in writing as reasonably necessary) to: (a) reactivate the
use of the abandoned or discontinued facility (or component thereof) subject to
the provisions of this chapter and all conditions of approval; or (b) remove the
facility (or component of that facility) and all improvements installed in connection
with the facility (or component of that facility), unless directed otherwise by the
community development director, and restore the site to a condition in compliance
with all applicable codes and consistent with the then-existing surrounding area.
c. If the permittee fails to act as required in Section 21.34.070(A)(16)(b) within the
prescribed time period, the City may (but shall not be obligated to) remove the
abandoned facility (or abandoned component of the facility), restore the site to a
condition in compliance with all applicable codes and consistent with the then-
existing surrounding area, and repair any and all damages that occurred in
connection with such removal and restoration work. The City may, but shall not
be obligated to, store the removed facility (or component of the facility) or any part
thereof, and may use, sell or otherwise dispose of it in any manner the City deems
appropriate. The last-known permittee or its successor-in-interest and, if on
private property, the real property owner shall be jointly liable for all costs and
expenses incurred by the City in connection with such removal, restoration, repair
and storage, and shall promptly reimburse the City upon receipt of a written
demand, including, without limitation, any interest on the balance owing at the
maximum lawful rate. The City may, but shall not be obligated to, use any financial
security required in connection with the granting of the facility permit to recover its
costs and interest. Until the costs are paid in full, a lien shall be placed on the
facility, all related personal property in connection with the facility and, if
applicable, the real private property on which the facility was located for the full
amount of all costs for removal, restoration, repair and storage (plus applicable
interest). The City Clerk shall cause the lien to be recorded with the County of
Santa Clara Recorder's Office. Within sixty calendar days after the lien amount is
fully satisfied including costs and interest, the City Clerk shall cause the lien to be
released with the County of Santa Clara Recorder's Office.
d. After a permittee fails to comply with any provisions of this Section
21.34.070(A)(16) (Abandonment), the City may elect to treat the facility as a
nuisance to be abated as provided in the CMC (including, but not limited to,
Chapter 6.10).
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Conditional Use Permit with Site and Architectural Review (PLN-2023-1)
27. Indemnities: The permittee, service provider, and, if applicable, the non-government
owner of the private property upon which the tower and/or base station is installed (or is
to be installed) shall defend (with counsel reasonably satisfactory to the City), indemnify
and hold harmless the City of Campbell its officers, officials, directors, agents,
representatives, and employees (i) from and against any and all damages, liabilities,
injuries, losses, costs and expenses and from and against any and all claims, demands,
lawsuits, judgments, writs of mandamus and other actions or proceedings brought
against the City or its officers, officials, directors, agents, representatives, or employees
to challenge, attack, seek to modify, set aside, void or annul the City's approval of the
permit, and (ii) from and against any and all damages, liabilities, injuries, losses, costs
and expenses and any and all claims, demands, lawsuits, judgments, or causes of action
and other actions or proceedings of any kind or form, whether for personal injury, death
or property damage, arising out of, in connection with or relating to the acts, omissions,
negligence, or performance of the permittee, the service provider, and/or, if applicable,
the private property owner, or any of each one's agents, representatives, employees,
officers, directors, licensees, contractors, subcontractors or independent contractors. It
is expressly agreed that the City shall have the right to approve (which approval shall not
be unreasonably withheld) the legal counsel providing the City's defense, and the
property owner, service provider, and/or permittee (as applicable) shall reimburse City
for any and all costs and expenses incurred by the City in the course of the defense.
Building Division
28. Permit Required: A Building Permit application shall be required for the proposed project.
The Building Permit shall include Electrical/Plumbing/Mechanical fees when such work
is part of the permit.
29. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
FIRE DEPARTMENT
30. Formal Plan Review: Review of this development proposal is limited to accessibility of
site access and water supply as they pertain to fire department operations, and shall not
be construed as a substitute for formal plan review to determine compliance with adopted
model codes. Prior to performing any work the applicant shall make application to, and
receive from, the Building Division all applicable construction permits.
31. No Violation: This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A
permit presuming to give authority to violate or cancel the provisions of the Fire Code or
other such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6].
Resolution 4709 ~ 2633 S Bascom Ave
Final Audit Report 2024-09-09
Created:2024-09-06
By:Nina Comcai (ninac@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAABCfTGIVmz-BRwLl9xn87Nm53TdwcYOYW
"Resolution 4709 ~ 2633 S Bascom Ave" History
Document created by Nina Comcai (ninac@campbellca.gov)
2024-09-06 - 5:33:49 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2024-09-06 - 5:33:54 PM GMT
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
2024-09-06 - 5:33:54 PM GMT
Email viewed by Alan Zisser (alanzisser@gmail.com)
2024-09-06 - 10:34:38 PM GMT
Document e-signed by Alan Zisser (alanzisser@gmail.com)
Signature Date: 2024-09-06 - 10:35:43 PM GMT - Time Source: server
Email viewed by Rob Eastwood (robe@campbellca.gov)
2024-09-09 - 6:47:39 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2024-09-09 - 6:47:45 PM GMT - Time Source: server
Agreement completed.
2024-09-09 - 6:47:45 PM GMT