Site & Arch - AT&T - 2004Date: July 28, 2004
To:
J an Hemsley, Deputy City Clerk
From: Corinne A. Shinn, Executive Assistant
Re:
Bond for 700 W. Hamilton Avenue - AT&T Wireless
File No. PLN2004-55
The attached faithful performance bond is to be filed in the vault for the above-mentioned
project. It is in the amount of $21 ,250.
Thanks.
cc:
File
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . Tn ) 408.866.2790
MARS H
Heidi Bockus
Surety Specialist
Marsh USA Inc.
1215 Fourth Avenue
Suite 2300.
Seattle, WA 98161-1095
2066132379 Fax 2066132523
heidi.bockus@marsh.com
www.marsh.com
July 26, 2004
Mr. Janelle okman
AT&T' eless Services, Inc.
864 54th Ave. NE
dmond, W A 98052
City of Campbell - Performance/Removal Bond
Bay Area Cellular Telephone Company
Bond Number: CMS 221010
RECEIVED
JUL 2 8 2004
WJ.ß ~ I g ~'1k~t~
Dear Janelle:
Enclosed please find the captioned executed bond with power of attorney attached. The bond
guarantees that AT&T will remove their telecommunications facility should the site become
abandon or no loner needed.
Could you please have the original bond signed, witnessed and then overnight to:
~im Haley
City of Campbell
70 North First Street
Campbell, CA 95008
Ph.# 408.866.2140
The additional copy of the bond and supporting documentation are for your records. If you have
any questions, please do not hesitate to give me a call at 206-613-2379.
Sincerely,
7~'
Heidi Bockus
Surety Specialist
~ Marsh & McLennan Companies
PERFORMANCE BOND
Bond No. CMS 221010
KNOW ALL BY THESE PRESENTS:
That we Bay Area Cellular Telephone Company, a California partnership, dba AT&T Wireless, 651 Gate-
way Blvd., South San Francisco, CA 94080called Principal, and Rli Insurance Company, 9025 N. Lind-
bergh Dr., Peoria, It 61615, a Illinois corporation, as Surety, hereinafter called Surety, are held and firmly
bound unto City of Campbell, 70 North First St., Campbell, CA 95008 as Obligee, hereinafter called Obli-
gee, in the amount of Twenty One Thousand Two Hundred Fifty and 00/100 Dollars ($21,250.00***) for
the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal is subject to the terms and conditions of the City of Campbell's Municipal Code Chapter
21.34.020 (G) in order to construct and operate a telecommunication facility located at: 700 Hamilton
Ave., Campbell, CA, which Municipal Code is by reference made a part hereof, and
WHEREAS, as a condition of said Municipal Code it requires the Principal to provide a Bond guaranteeing
the faithful performance of the terms and conditions of the Municipal Code.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if Principal shall
comply with the terms and conditions of the Municipal Code, then this obligation is void, otherwise to re-
main in full force and effect.
PROVIDED, HOWEVER, That:
1. It shall be a condition precedent to any right of recovery hereunder, that in event of any default on the
part of the Principal, a written statement of the particular facts of such default shall be forwarded to the
Surety, within thirty (30) days of the occurrence of such default, delivered by registered mail to Surety at
its Home Office in Peoria, Illinois.
2. That no action, lawsuit or proceeding shall be had or maintained against the Surety on this Bond unless
the same be filed and properly served upon the Surety within one year from the effective date of the can-
cellation of the Bond.
3. That no right of action shall accrue under this Bond to or for the use of a person or entity other than the
Obligee, and its successors and assigns.
4. This Bond shall become effective July 26, 2004 .
5. This Bond shall continue in full force and effect until canceled by the Surety by providing thirty (30) days
written notice to the Obligee.
6. The liability of the Surety shall in no event exceed the aggregate penal sum of the Bond penalty.
7. If any conflict or inconsistency exists between the Surety's obligation or undertakings as described in the
Bond and as described in the underlying document, then the terms of the Bond shall prevail.
Page 1 of 2
PERFORMANCE BOND
Bond No.
CMS 221010
IN WITNESS WHEREOF, The said Principal and Surety have signed and sealed this instrument on this 26th
day of ~, 2004 .
Bay Area Cellular Telephone Company, a California
partnership, dba AT&T Wireless
"~J ... '~
By:~C\.clI\ji- ~ r~~ 'NC){\-
\ . NameITitie
RLI Insurance Company
By: l~' ßtJuM.
Heidi Bockus, Attorney-in-Fact '
Page 2 of 2
Bond No. CMS 221010
TERRORISM RIDER
NOTICE - FEDERAL TERRORISM INSURANCE COVERAGE
AND DISCLOSURE OF PREMIUM
Any loss applicable to a peril covered under this bond that is caused by a
certified act of terrorism pursuant to the terms of the Terrorism Risk
Insurance Act of 2002 ("the Act"), will be partially reimbursed by the
United States under a formula established by federal law. Under this
formula, the United States pays 90% of covered terrorism losses exceeding
a statutorily established deductible to the insurance company providing this
bond. The portion of your annual premium attributable to certified acts of
terrorism under this bond is $1.00.
COVERAGE LIMITATIONS
Payment for a loss will not exceed the limit of liability under this bond.
This bond will not pay for any portion of certified terrorism loss beyond any
applicable annual liability cap set forth in the Act. The terms of this rider
do not provide coverage for any loss that would otherwise be excluded by
the terms of this bond.
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CITY OF CAMPBELL
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Community Development Department
June 23, 2004
T. Roger Haas
117 Spreading Oak
Santa Cruz, CA 95066
Re:
PLN2004-55 - 700 W. Hamilton Avenue - Site and Architectural Review Permit
Dear Applicant:
Please be advised that at its meeting of June 22, 2004, the Planning Commission adopted
Resolution No. 3575 granting a Site and Architectural Review Permit to renew approval of an
antenna installation on the parapet of an existing office building on 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, July 2, 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.
Sincerely,
jZ~\~
Associate Planner
Cc:
Lynn Penoyer, Public Works
Frank Mills, Building
Chris Veargason, County Fire
Scott Cooley (Property Owner)
15900 Kennedy Road
Los Gatos, CA 95032
70 North First Street. Campbell, California 95008-1436
TEL 408.866.2140 . FAX 408.871.5140 . Tn ) 408.866.2790
RESOLUTION NO. 3575
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING A SITE AND
ARCHITECTURAL REVIEW PERMIT (PLN2004-55) TO RENEW
APPROV AL OF AN ANTENNA INST ALLA TION ON THE
PARAPET OF AN EXISTING OFFICE BUILDING ON PROPERTY
OWNED BY MR. SCOTT COOLEY LOCATED AT 700 W.
HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MR. T. ROGER HAAS.
FILE NO. PLN2004-55.
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 PLN2004-55:
1. Wireless telecommunication facilities are permitted in the C-2-S (General Commercial)
Zoning District. The Wireless Telecommunications Facilities Ordinance allows stealth co-
location sites to be approved at staff level by the Community Development Director by a Site
and Architectural Review Permit. The Community Development Director has the discretion
to alternately refer the matter the Planning Commission through the public hearing process.
Due to the location of the facility and the other telecommunication providers on the site the
Community Development Director has found that the project warrants review by the
Planning Commission.
2. AT&T would mount six panel antennas on each elevation towards the comer of the building at
the building parapet. The antennas will be painted to match the building wall colors.
3. The associated ground mounted equipment cabinets would add approximately 55 square feet to
the existing utility area The cabinets would be surrounded by a concrete masonry wall to blend
in with the surrounding area.
4. The installation of the wireless antenna facility will not have an impact on the existing
parking.
5. The location and mounting techniques are a preferred siting and mounting technique under
the Wireless Telecommunications Facilities Ordinance.
6. The project qualifies as a Categorically Exempt project under Section l5303, Class 3 of the
California Environmental Quality Act (CEQA) pertaining to the construction of new small
facilities and structures.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Planning Commission Reso,- _ion No. 3575
PLN2004-55 - 700 W. Hamilton Avenue - Site and Architectural Review Permit
Page 2
l. The project is consistent with the 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 subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features required in order
to integrate said use with uses in the surrounding area.
4. The project is compatible with the uses in the area.
5. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
6. 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.
7. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants a Site and
Architectural Review Permit (PLN2004-55) to renew approval of an antenna installation on the
parapet of an existing office building on property owned by Mr. Scott Cooley located at 700 W.
Hamilton Avenue in an C-2-S (General Commercial) Zoning District, subject to the following
conditions:
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 Site and Architectural Approval Permit to allow
the continued use of a stealth wireless telecommunications facility located on the parapet of
the commercial building at 700 W. Hamilton Avenue. Project approval shall substantially
comply with project plans prepared by AT & T Wireless and stamped as received by the
Planning Commission Reso. .on No. 3575
PLN2004-55 - 700 W. Hamilton Avenue - Site and Architectural Review Permit
Page 3
Planning Division on May 5, 2004, except as modified by the conditions of approval
contained herein.
2. Development Approval Expiration: The Site and Architectural Permit approval shall be valid
for one year from the date of final approval. Within this one-year period a building permit
must be issued or the Permit shall expire and be deemed void without further notification by
the City.
3. Length of Permit Term: This Site and Architectural Permit shall expire five years after the
date of permit approval, on June 22, 2009. If the use is to continue, the applicant shall apply
for a permit for an additional five-year period. If technological improvements or
developments occur which allow the use of materially smaller or less visually obtrusive
equipment at this time, the service provider will be required to replace or upgrade the
approved facility upon application for a new permit application to minimize adverse effects
related to land use compatibility, visual resources, public safety or other environmental
factors.
4. 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 as soon as practical.
5. Maintenance of Landscaping: It is an ongoing obligation of AT&T Wireless, assignees and
successors in interest to maintain the landscaping that is required as part of this permit.
6. Cessation of Operations: The service provider shall provide written notification to the
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 l80 days of
termination of its lease with the property owner or cessation of operations, whichever comes
earlier.
7. 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.
8. Utilities: All new on-site utilities shall be installed underground per Section 2l.l8 .l40 of the
Campbell Municipal Code. The applicant shall comply with all plan submittals, permitting
and fee requirements of the serving utility companies.
9. Cables: All external cables or equipment shall be obscured from public view by enclosing
them in architecturally designed cabinets/enclosures painted to match the structure.
10. Business License Required: Each service provider with a wireless telecommunication
facility in the City shall obtain a city business license.
Planning Commission Reso- .ion No. 3575
PLN2004-55 - 700 W. Hamilton Avenue - Site and Architectural Review Permit
Page 4
ll. 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 City's emergency telecommunications system
experiences interference.
l2. Lighting: 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.
13. 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.
14. Noise: The wireless telecommunication facility, including power source, ventilation and
cooling facility, shall not generate noise discernible beyond the property lines.
15. Back-Up 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 of8:00 a.m. and 5:00 p.m., Monday through Friday.
16. 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.
17. Odors: The testing of back-up generators shall not produce odors that adversely affect the
public.
18. Maintenance Hours: Normal maintenance activities shall only occur between the hours of
7:00 a.m. to 5:00 p.m. Monday through Saturday, excluding emergency repairs.
19. Security Required: Prior to issuance of a building permit, the applicant shall provide a cash
deposit or other reasonable form of security satisfactory to the City Attorney, in an amount
reasonably sufficient to cover the cost of the removal of the facility in the event that its use is
abandoned or its Conditional Permit expires or is terminated and the equipment is not
voluntarily removed. An estimate of the cost of removal shall be provided for review by the
City prior to submittal of security.
20. Safety:
a. Public Access Restricted: Antennas are to be sited in such a way and barriers and
sign age provided to prevent a person from passing within the safety limits established by
the FCC-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
Planning Commission Resol- _.on No. 3575
PLN2004-55 - 700 W. Hamilton Avenue - Site and Architectural Review Permit
Page 5
RF radiation hazard warning symbol identified in ANSI C95.2-l982, 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 then current FCC adopted RF/EMF emission standards; violation of this
condition shall be grounds for revocation.
d. 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.
Buildin{! Division:
21. Permits Required: A building permit application shall be required for the proposed antenna
structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such
work is part of the permit.
22. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
23. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
24. 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 "wet
stamped" and signed by the qualifying professional person.
25. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details. Site address and parcel numbers shall also be clearly
called out. Site parking and path of travel to public sidewalks shall be detailed.
26. Special Inspections: When a special inspection is required by U.B.c. Section 1701, 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 D.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
27. Non-point Source Pollution: 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.
28. Other Agency Approvals: The project requires the following agency approval prior to
issuance of the building permit:
Planning Commission Resol- _lon No. 3575
PLN2004-55 - 700 W. Hamilton Avenue - Site and Architectural Review Permit
Page 6
a. Santa Clara County Fire Department
PASSED AND ADOPTED this 22nd day of June, 2004, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Francois,
and Roseberry
None
None
None
Gibbons, Hernandez, Rocha
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
George Doorley, Chair
ATTEST:
Sharon Fierro, Secretary
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ITEM NO.1
CITY OF CAMPBELL. PLANNING COMMISSION
Staff Report. June 22, 2004
PLN2004-55
Haas, R.
Public Hearing to consider the application of Mr. T. Roger Haas for a Site
and Architectural Approval (PLN2004-55) to renew approval of an antenna
installation on the parapet of an existing office building on property owned
by Mr. Scott Cooley located at 700 W. Hamilton Avenue in a C-2-S
(General Commercial) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following actions:
1. Adopt a Resolution, incorporating the attached findings, approving a Site and Architectural
Permit (PLN2004-55) to allow the installation of a new stealth wireless telecommunications
facility and associated ground-mounted utility cabinets enclosure modifications, subject to
the attached conditions of approval.
ENVIRONMENTAL DETERMINATION
Staff recommends that the Planning Commission find that these projects are Categorically
Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA)
pertaining to the construction of new small facilities and structures.
DISCUSSION
Background: The Community Development Director approved a telecommunication installation
on October 5, 1999 allowing the installation of a series of antennas on the building parapet. This
approval was valid for a period of 5 years wherein the applicant was required to apply for a
subsequent approval. The applicant is requesting approval of a similar antenna installation to that
previously approved with a minor addition to the equipment area.
Propertv Description: The project site is developed with a three story commercial building with
associated parking and landscaping. The project site is located at the southwest comer of San
Tomas Expressway and West Hamilton Avenue.
Applicant's Proposal: The applicant is requesting approval of a new wireless
telecommunications facility to replace an existing antenna installation on the building parapet.
Other telecommunication providers are on the roof of this building and a monopole fake tree is
located in a landscape area on the southside of the property. The specific project includes the
installation of a grouping of three antennas at the comers of the building parapet and a minor
addition to the existing equipment facility adjacent to the building.
ANALYSIS
General Plan Designation: The General Plan land use designation for the project site is General
Commercial. The proposed wireless telecommunications facility is consistent with this land use
designation.
Staff Report - Planning Commission Meeting of June 22, 2004
PLN2004-55 - 700 W. Hamilton Avenue
Page 2 of 4
Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial).
The Wireless Telecommunications Facilities Ordinance allows stealth co-location sites to be
approved at staff level by the Community Development Director by a Site and Architectural
Review Permit. However, the Community Development Director has the discretion to
alternately refer the request to the Planning Commission.
Use: No significant change is proposed for the new installation. Staff is supportive of the
proposed project because the location and mounting techniques of the stealth antennas is a
preferred siting and mounting technique under the Wireless Telecommunications Facilities
Ordinance.
Landscaping: The proposed project will not impact any previously approved landscaping.
Parking: The installation of the wireless antenna facility will not have an impact on the existing
parking facilties. No parking spaces are required for this project because the facility would be
unmanned and would only require a periodic maintenance check by a technician or a visit during
an emergency.
Site and Architectural Review Committee: The Site and Architectural Review Committee did not
review this application that no significant changes are proposed in the antenna designs.
Attachments:
1. Findings for Approval of File No. PLN2004-55
2. Conditions of Approval for File No. PLN2004-55
3. Exhibits
4. Location Map
Prepared by:
~l~
Tim Haley, Associate Planner
Approved by:
Attachment # 1
FINDINGS FOR APPROVAL OF FILE NO. PLN2004-55
SITE ADDRESS:
APPLICANT:
DATE:
700 W. Hamilton Ave.
AT&T Wireless
June 22, 2004
Findings for approval of a Site and Architectural Permit (PLN2004-55) to allow the installation
of a replacement stealth wireless telecommunications facility consisting of a building mounted
panels on the parapet of the building and associated ground-mounted utility cabinets enclosure
modifications for property located at (700 W. Hamilton Avenue).
The Planning Commission finds as follows with regard to File No. PLN2004-55:
1.
2.
3.
5.
6.
7.
Wireless telecommunication facilities are permitted in the C-2-S (General Commercial)
Zoning District. The Wireless Telecommunications Facilities Ordinance allows stealth
co-location sites to be approved at staff level by the Community Development Director
by a Site and Architectural Review Permit. The Community Development Director has
the discretion to alternately refer the matter the Planning Commission through the
public hearing process. Due to the location of the facility and the other
telecommunication providers on the site the Community Development Director has
found that the project warrants review by the Planning Commission.
AT&T would mount six panel antennas on each elevation towards the comer of the
building at the building parapet. The antennas will be painted to match the building wall
colors.
The associated ground mounted equipment cabinets would add approximately 55 square
feet to the existing utility area The cabinets would be surrounded by a concrete masonry
wall to blend in with the surrounding area.
The installation of the wireless antenna facility will not have an impact on the existing
parking.
The location and mounting techniques are a preferred siting and mounting technique
under the Wireless Telecommunications Facilities Ordinance.
The project qualifies as a Categorically Exempt project under Section 15303, Class 3 of
the California Environmental Quality Act (CEQA) pertaining to the construction of new
small facilities and structures.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1.
2.
The project is consistent with the General Plan and Zoning Ordinance.
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
Attachment # 1
Page 2 of2
3.
4.
property and improvements in the neighborhood or to the general welfare of the City.
The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features required in
order to integrate said use with uses in the surrounding area.
The project is compatible with the uses in the area.
5.
The subject site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic such use would generate.
6.
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.
7.
There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
Attachment #2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2004-55
SITE ADDRESS:
APPLICANT:
DATE:
700 W. Hamilton Ave.
AT&T Wireless
June 22, 2004
The applicant is hereby notified, as part of this application, that (s)he is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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 items under review.
Additionally, the applicant is hereby notified that (s)he 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 Site and Architectural Approval Permit to allow
the continued use of a stealth wireless telecommunications facility located on the parapet of
the commercial building at 700 W. Hamiton Avenue. Project approval shall substantially
comply with project plans prepared by AT & T Wireless and stamped as received by the
Planning Division on May 5, 2004, except as modified by the conditions of approval
contained herein.
2. Development Approval Expiration: The Site and Architectural Permit approval shall be valid
for one year from the date of final approval. Within this one-year period a building permit
must be issued or the Permit shall expire and be deemed void without further notification by
the City.
3. Length of Permit Term: This Site and Architectural Permit shall expire five years after the
date of permit approval, on June 22, 2009. If the use is to continue, the applicant shall apply
for a permit for an additional five-year period. If technological improvements or
developments occur which allow the use of materially smaller or less visually obtrusive
equipment at this time, the service provider will be required to replace or upgrade the
approved facility upon application for a new permit application to minimize adverse effects
related to land use compatibility, visual resources, public safety or other environmental
factors.
4. 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 as soon as practical.
Attachment #2
Page 2 of 5
5. Maintenance of Landscaping: It is an ongoing obligation of A T&T Wireless, assignees and
successors in interest to maintain the landscaping that is required as part of this permit.
6. Cessation of Operations: The service provider shall provide written notification to the
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.
7. 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.
8. Utilities: All new on-site utilities shall be installed underground per Section 21.l8.l40 of the
Campbell Municipal Code. The applicant shall comply with all plan submittals, permitting
and fee requirements of the serving utility companies.
9. Cables: All external cables or equipment shall be obscured from public view by enclosing
them in architecturally designed cabinets/enclosures painted to match the structure.
10. Business License Required: Each service provider with a wireless telecommunication
facility in the City shall obtain a city business license.
ll. Compatibility With Citv 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 City's emergency telecommunications system
experiences interference.
12. Lighting: 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.
13. 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.
14. Noise: The wireless telecommunication facility, including power source, ventilation and
cooling facility, shall not generate noise discernible beyond the property lines.
15. Back-Up 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 8:00 a.m. and 5:00 p.m., Monday through Friday.
16. 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.
Attachment #2
Page 3 of 5
17. Odors: The testing of back-up generators shall not produce odors that adversely affect the
public.
l8. Maintenance Hours: Normal maintenance activities shall only occur between the hours of
7:00 a.m. to 5:00 p.m. Monday through Saturday, excluding emergency repairs.
19. Security Required: Prior to issuance of a building permit, the applicant shall provide a cash
deposit or other reasonable form of security satisfactory to the City Attorney, in an amount
reasonably sufficient to cover the cost of the removal of the facility in the event that its use is
abandoned or its Conditional Permit expires or is terminated and the equipment is not
voluntarily removed. An estimate of the cost of removal shall be provided for review by the
City prior to submittal of security.
20. Safetv:
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 FCC-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-l982, 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 then current FCC adopted RF /EMF emission standards; violation of this
condition shall be grounds for revocation.
d. Emergencv 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.
Buildim! Division:
2l. Permits Required: A building permit application shall be required for the proposed antenna
structure. The building permit shall include Electrical/PlumbinglMechanical fees when such
work is part of the permit.
22. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
23. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
Attachment #2
Page 4 of 5
24. 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 "wet
stamped" and signed by the qualifying professional person.
25. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details. Site address and parcel numbers shall also be clearly
called out. Site parking and path of travel to public sidewalks shall be detailed.
26. Special Inspections: When a special inspection is required by D.B.C. Section l70l, 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 D.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
27. Non-point Source Pollution: 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.
28. Other Agency Approvals: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
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CAMPBELL
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CITY OF CAMPBELL
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Community Development Department
June 11,2004
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, June 22, 2004, in the City Hall Council Chambers,
70 North First Street, Campbell, California, for a Public Hearing to consider the application of
Mr. T. Roger Haas for a Site and Architectural Approval (PLN2004-55) to renew approval of an
antenna installation on the parapet of an existing office building on property owned by Mr. Scott
Cooley located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District.
Staff is recommending that this project be deemed Categorically Exempt under CEQA.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Hearing. Questions may be addressed to the Community Development Department at
(408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2004-55
Addresses: 700 W. Hamilton Avenue
70 North First Street. Campbell, California 95008-1436 ' In 408.866,2140 . FAX 408.871.5140 . Tf) ) 408,866.2790
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Community Development Department. Current Planning
CITY OF CAMPBELL
Jay Wallace, Esq.
Cellular One
651 Gateway Boulevard, Suite 1500
South San Francisco, CA 94080
Subject:
700 W. Hamilton Avenue
Dear Mr. Wallace,
October 19, 1999
Enclosed is the approval for the Cellular One antenna application for the building located at 700
W. Hamilton Avenue. It has been a pleasure working with you on this project.
I will be available during the construction phase of construction to answer any questions you or
the construction workers may have.
Si~~
Sharon Fierro
Senior Planner
70 North First Street. Campbell, CaliforniA 9S008.14:13 . TEL 408.866.:1140 . FAX 408.866.8381 . TOO 408.866.2790
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CITY OF CAMPBELL
ADMINISTRA TIVE ACTION OF THE COMMUNITY
DEVELOPMENT DIRECTOR
OCTOBER 5, 1999
S 99-10
Wallace, Jay
Application of Jay Wallace for Cellular One Digital PCS for approval
of a Stealth telecommunications facility for property located at 700 W.
Hamilton A venue. The property is located in the C-2-S Zoning
District.
PROJECT DESCRIPTION
The Project consists of the installation of façade mounted t~lecommunications antennas
on a screen wall construction of the roof of the office building at 700 W. Hamilton
A venue. The installatiol" method has been found to meet the definition of a stealth
facility.
DISCUSSION
Applicant's Proposal: The applicant is requesting approval of a Site and Architectural
Permit to allow the installation of cellular antennas on an existing office building, and a
ground level equipment enclosure. The design proposed by the applicant meets the
criteria set forth in the Telecommunications Ordinance, Section 21.60.020.36 for a stealth
facility. The Ordinance provides that stealth facilities may be approved administratively
with a Sit and Architectural Review Permit application.
The antennas are designed to appear as an architectural feature on the upper portion of the
roof of the office building and will be painted to blend with the building wall. Antennas
are only needed on three elevations but false antennas will be installed to provide balance
the appearance.
The equipment enclosure is to be finished to match the building wall. Landscaping will
soften the appearance of the enclosure.
Findines for ADDroval of a Site and~ctural aDDlication to allow for the
installation of cellular antenna facilities.
The Community Development Director finds as follows with regard to File No. S 99-10
1.
Wireless communication facilities are permitted in the General Commercial Zoning
District. Projects that meet the definition of a stealth fac~ity may be approved
administratively with the granting of a Site and Architectural Review Permit.
Administrative Appro(
Celluiar One - 700 W. Hamilton Avenue
Pa2e 2
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The antennas will be placed in such a way as to form an architectural feature on the
building and wiH not be discern able as roof-mounted equipment. The ground
mounted equipment will be surrounded by a screen waJi that matches the design,
color and texture of the adjacent office building
3.
The placement of the antennas on a new parapet wall. constructed to mach the
existing building wall. integrates well with the existing use and provides limited
visibility of the antennas from public view.
4.
Landscaping....:JI further screen the equipment enclosure and help the facility blend
with the existing site conditions of the office building.
Based upon the foregoing findings of fact. the Community Development Director further
finds and concludes that:
1.
The proposed project is consistent with the General Plan and the local zoning
ordinance.
2.
The proposed project as conditioned will aid in the harmonious development of the
immediate area.
3.
The establ: :lment. maintenance or operation of the use, as conditioned, will not be
detrimental to the health, safety, peace, morals, comfort, or general welfare of
persons residing or working in the neighborhood of such proposed use, or be
detrim~ntal or injurious to property and improvements in the neighborhood or to the
general welfare of the City.
4.
The proposed site is of adequate shape and size to accommodate the screening,
landscaping and other features reqlaired in order to integrate the telecommunications
facility with uses in the surrounding area.
CONDITIONS OF APPROVAL FOR FILE NO. S 99.10
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the Ordinances of the City of Campbell and
the State of California. 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 arc not herein specified.
I. Approved Project: Approval is granted for a Site and Architectural Pennit allowing
for the installation of cellular antenna facilities on property located at 700 W.
Hamilton A venue. Project approval shall substantially comply with project plans
prepared by TDS Architects, LLP, and marked approved on 10-5-99, except as
modified herein in the Conditions of Approval. .
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Administrative Appro\-.
Cellular One - 700 W. Hamilton Avenue
Pa2c 3
2. Painting of Antennas: AJI antennas shall be painted to match the color of the
building.
3. Equipment enclosure: The equipment enclosure shaH be finished and painted
to match the finish of the adjacent building wall, including color, texture and
materials.
4. Mainten:mce of finish: It is an ongoing obligation of the applicant, assignees
and succ..:.;sors in interest to maintain the exterior finish of the structures and
equipment approved by this action in good order. Faded, peeling or damaged
paint shall be repainted as soon as practical. Graffiti shall be removed by
repainting the surface of the structure or equipment as soon as practical.
2. Landscaping Plan: The landscaping plan approved by this project shall be installed
within 15 days of installation of the equipment enclosure. Maintenance of the
landscaping required by this approval shall be an ongoing obligation of the applicant
assignees or successors in interest. Plant material shall be maintained in a healthy
condition and replaced in kind if damaged or dead. Replacement in kind means that
the same species and size of plant shall be planted.
3. Pennits: Applicant shall obtain any pennit~ deemed necessary by the Building
Division of the Community Development Department.
4. Cable£ All external cables or equipment shall be obscured from public view by
enclosing them in architecturally designed cabinets painted to match the building or
be run internally through the building.
5. Business License Required: Each service provider with a wireless telecommunication
facility in the City shall obtain a city Business License.
6. Compatibility With City Emen~ency 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 City's emergency
telecommunications system experiences interference.
7. Lighting: The use of lighting shall not be allowed on wireless telecommunication
facilities unless required as a public safety measure. Where lighting is used, it shall
be shielded to prevent 61are on adjacent uses.
8. No Advertising: No advertising signage or identifying logos shall be Jisplayed on
wireless telecommunications facilities, except for small identification plates used for
emergency notification or hazardous or toxic materials warning.
9. Noise. The wireless telecommunication facility, including power source, ventilation
and cooling facility, shall not generate noise discernible beyond the property lines.
10. Back-Up Generators: Backup generators shall comply wi.Ïh 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.
--
Administrative Appro~
Cellular One - 700 W. Hamilton Avenue
Pal!c 4
II. Heat Generation: The wireless telecommunication facility, including po we: source
and cooling facility. shaH not be operaten so as to cause the generation of heat that
adversely affects any building occupant.
12. Odors: The testing of back-up generators shall not produce odors that adversely
affect the patrons or caretaker of the facility.
13. 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 FCC-adopted standards for controlled access.
B. Wamine: Sie: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 fadlity collld 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 RFÆMF
emissions in excess of then current FCC adopted RFÆMF emission standards;
violation of this condition shall be grounds for revocation.
D. Periodic Safety Monitorine:: The wireless telecommunications service provider
shall submit to the Communit)" Development 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 EMRIRF emissions, that the facilities are
and have been operated within the then C11rrent applicable FCC standards for
RFÆMF emissions. The report shall be written in plain English.
E. Emere:ency 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.
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14. Pennit ExDiration
A. Development ApDroval ExDiration: The approval for this project is valid for a
period of one year from the Planning Commission approval. All conditions of
..pproval specified herein must be completed within one year from the date of
approval or the Use pennit shall be void.
B. Review of Apo1Oval: This Conditional Use Pennit approval is effective for five
years. If the use is to continue, the applicant shall apply for ;u) extension prior to
the expiration of this pennit.
C. Cessation of Operati,Qm: The service provider shall provide written notification
to the Director upon cessation of operations on the site exceeding a 9O-day period.
Administrative Appro'
Cellular One - 700 W. Hamilton Avenue
P8IlC .5
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The service provider shall remov-: all obsolete or unused facilities from the site
within 180 days of tennination of its lease with the property owner or cessation of
operations. whichever comes earlier.
D. New Permi . F ((]uired: If a consecutive period of 180 days has lapsed since
cessation of operations, a nev 'lse pennit shall be required prior to use or reuse of
the site.
E. Securitv Required: Prior to issuance of any permits for new wireless
telecommunications facilities, or prior to renewing a Use Pennit or Site and
Architectural Review Pennit for an existing wireless telecommunications facility,
the applicant shall provide an irrevocable letter of credit or other reasonable fonD
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 Pennit or Site and Architectural Review Pennit expires or is
tenninåted and the equipment is not voluntarily removed.
F. Up2fading of Facilitv Required: If technological improvements or developments
occur which allow the use of materially smaller or le~~ visually obtrusive
equipment, the service pr<,vide:- wm be required to replace or upgrade the
approved facility upon appliciltion for a new use permit application to minimize
adverse effects related to land use compatibility, visual resources, public safety or
other environmental factors.
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