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Nextel Antennas - 1999 CITY OF CAMPBELL Community Development Department - Current Planning May 25, 2001 David Ney Nextel Communications, Inc. 1255 Treat Blvd, Suite 800 Walnut Creek, Calif. 94596 Subject: REVISED Site and Architectural Review Permit Administrative Approval for Nextel Antenna Site 1630 W. Campbell Avenue PLN 1999-31 Dear Mr. Ney, The Community Development Director has conditionally approved your Revised Site and Architectural Review Permit application for the installation of a Nextel Telecommunications Facility consisting of twelve (12) antennas mounted on an existing building wall of an existing two-story commercial building at 1630 West Campbell Avenue. The revised plans reflect the elimination of the band of tiles on the second story building walls at the request of the property owner, John Kirkorian. The antennas will be screened with a fiberglass cabinet that will be painted to match the existing building. The project as proposed meets the requirements of the Zoning Ordinance for a stealth telecommunications facility, utilizes a preferred mounting technique, and is located is a preferred location. Please do not hesitate to contact me at (408) 866-2193 if you have any questions about this approval. Sincerely, Darcy Smith Planner II Enclosure: Revised Administrative Action of the Community Development Director, May 25, 2001 Cc: Sharon Fierro, Community Development Director Kirkorian Developments, 1630 W. Campbell Avenue, Campbell, Calif. 95008 7o North First Street · Campbell, California 95008-1436 · TEL 408.866.2 140 · F.&X 408.866.838 I - TDD 408.866.279O CITY OF CAMPBELL Community Development Department - Current Planning CITY OF CAMPBELL REVISED ADMINISTRATIVE ACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR MAY 25, 2001 PLN 1999-31 Ney, D. Application of David Ney, on behalf of Nextel Communications, for approval of a Site and Architectural Review Permit to allow installation of a stealth telecommunications facility on property located at 1630 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. PROJECT DESCRIFrION The project consists of the' installation of twelve (12) Nextel mobile communication antennas mounted on the building wall of an existing two-story commercial building at 1630 West Campbell Avenue. The antennas will be screened with three (3) radio-frequency transparent fiberglass cabinets that will be painted to match the light-colored stucco of the existing building. DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Site and Architectural Review Permit to allow the installation of twelve (12) mobile communication panel antennas mounted on the building wall of an existing two-story commercial building. The antennas will be installed in a series of three (3) antenna arrays, on only three sides of the building. The antenna arrays consist of a total of four (4) antennas. The antennas measure four (4) feet in height, six (6) inches wide and six (6) inches deep. The antennas will be completely screened with three (3) rectangular radio-frequency transparent fiberglass cabinets that measure approximately 14 feet wide, 5 feet 4 inches tall, and 2 feet deep. The fiberglass cabinets will be painted to match the light-colored stucco of the existing building. The design of the telecommunications facility integrates the antennas entirely within a newly created architectural feature so that they are completely screened from view. The stealthing techniques utilized minimizes negative visual impacts and are designed to appear as an integral part of the building and shopping center. The radio equipment will be located inside the building and will not be visible. Compliance with Campbell Telecommunications Facilities Ordinance: The design proposed by the applicant meets the criteria set forth in the Wireless Telecommunications Facilities 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 ' FAX 408.866.8381 · TOO 408.866.2790 Conditions of Approval PLN1999-31 1630 W. Campbell Avenue - Nextel Revised Administrative Action of the Community Development Director May25,2001 Attachment #2 Page 2 of 2 Ordinance, Section 21.60.020.36 for a stealth facility. The proposed siting and mounting technique is preferred under Section 21.60.060: Preferred Antenna Siting and Mounting Techniques of the Wireless Telecommunications Facilities Ordinance. The proposed facility is a preferred location under Section 21.60.050: Location of Wireless Telecommunications Facilities since it will be attached to existing structures and will not be highly visible from adjacent roadways. The proposed facility is also consistent with Section 21.60.070: Visual and Section 21.60.130: Facade-mounted Wireless Telecommunication Facilities. Approval Summary: The installation method has been found to meet the definition of a stealth facility under the City of Campbell Wireless Telecommunications Facilities Ordinance, which may be approved administratively by the Community Development Director with a Site and Architectural Review Permit application. Attachment # 1 Page 1 of 1 FINDINGS FOR APPROVAL OF FILE NO. PLN1999-31 SITE ADDRESS: 1630 W. Campbell Avenue APPLICANT: David Ney (Nextel Communications) Findings for Approval of a Site and Architectural Review Permit (PLN1999-31) to allow the installation 0f a stealth telecommunication facility. The Community Development Director finds as follows with regard to File No. PLN1999-31 (S). Wireless communication facilities are permitted in the Neighborhood Commercial Zoning District. Projects that meet the definition of a stealth facility may be approved administratively with the granting of a Site and Architectural Review Permit. The proposed project is compatible with the existing building and site, subject to the conditions of approval. The placement of the antennas on the existing building wall behind fiberglass cabinets painted to match the existing wall provides no visibility of the antennas from public view. Based upon the foregoing findings of fact, the Community Development Director further finds and concludes that: The proposed project is consistent with the General Plan and the Zoning Ordinance. The proposed project as conditioned will aid in the harmonious development of the immediate area. o The establishment, 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 detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. ° The proposed site is of adequate shape and size to accommodate the screening required in order to integrate the telecommunications facility with uses in the surrounding area. Attachment//2 Page 1 of 4 CONDITIONS OF APPROVAL FOR FILE NO. PLN1999-31 SITE ADDRESS: 1630 W. Campbell Avenue APPLICANT: David Ney (Nextel Communications) The applicant is hereby notified, as part of this application, that 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. Additionally, the applicant is hereby notified that 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 Approved Project: Approval is granted for a Site and Architectural Permit to allow the installation of twelve (12) mobile communication antennas measuring four (4) feet in height, six (6) inches wide, and six (6) inches deep at 1630 W. Campbell Avenue. The antennas will be mounted on the building wall of the existing two-story commercial building and completely screened with three (3) rectangular fiberglass cabinets that measure approximately 14 feet wide, 5 feet 4 inches tall, and 2 feet deep. The radio equipment will be located inside the building and will not be visible. Project approval shall comply with project plans prepared by 4Ground Design Group, stamped as received by the Campbell Planning Division on May 21, 2001, except as modified herein in the Conditions of Approval. Maintenance of Finish: It is an ongoing obligation of Nextel, assignees and successors in interest to maintain the exterior finish of the fiberglass cabinets in good order. Faded, peeling or damaged paint shall be repainted as soon as practical. o Site and Architectural Review Permit Approval: The Site and Architectural Review Permit approval shall be valid for a period of one year from the date of final approval. Within this one-year period, a building permit must be obtained and construction completed one year thereafter or the Site and Architectural Review Permit shall be void. ° Length of Permit Term: This Site and Architectural Review Permit shall expire five years after permit approval, on May 25, 2006. If the use is to continue, the applicant shall apply for additional five-year periods, subject to approval by the Community Development Director. 5. 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 Conditions of Approval PLN1999-31 1630 W. Campbell Avenue - Nextel Revised Administrative Action of the Community Development Director May 25, 2001 Attachment #2 Page 2 of 4 o 10. 11. 12. 13. 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. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Site and Architectural Review Permit shall be required prior to use or reuse of the site. Security Required: Prior to issuance of any permits for this facility, 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 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 Site and Architectural Review Permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. Business License Required: Nextel shall obtain a City Business License for this operation and renew it annually. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets painted to match the structure. 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. 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 glare on adjacent uses. Conditions of Approval PLN1999-31 1630 W. Campbell Avenue Nextel Revised Administrative Action of the Community Development Director May 25, 2001 Attachment #2 Page 3 of 4 14. 15. 16. 17. 18. 19. 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. Noise. The wireless telecommunication facility, including power source, ventilation and cooling facility, shall not generate noise discernible beyond the property lines. 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. 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. Odors: The testing of back-up generators shall not produce odors that adversely affect the public. Safety: mo 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. Bo Warning Signs: Signage shall be maintained at the facility identifying all wireless telecommunication facility equipment and safety precautions for people nearing the equipment as may be required by any applicable FCC- adopted standards, including the RF radiation hazard warning symbol identified in ANSI C95.2-1982, to notify persons that the facility could cause exposure to RF emissions. Co 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. Periodic Safety Monitoring: The wireless telecommunications service provider shall submit to the Community 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 EMR/RF emissions, that the facilities are and have been operated within the then current applicable FCC standards for RF/EMF emissions. The report shall be written in plain English. Conditions of Approval PLN1999-31 1630 W. Campbell Avenue Nextel Revised Administrative Action of the Community Development Director May 25, 2001 Attachment #2 Page 4 of 4 20. 21. 22. 23. 24. 25. 26. 27. Eo 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. Permits Required: A building permit application shall be required for the proposed structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 in. by 36 in. Structural Drawings and Calculations: Plans shall include appropriate structural details and calculations prepared by California licensed engineer to justify design. Transfer of Structural Loads: Plans shall detail how new rooftop equipment loads are supported and transferred within the existing structure. 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. Pollution Control Program: The City of Campbell, standard Santa Clara Valley Non- point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department PUBLIC WORKS DEPARTMENT No Public Works Conditions of Approval CITY OF CAMPBELL Community Development Department - Current Planning May25,2001 David Ney Nextel Communications, Inc. 1255 Treat Blvd, Suite 800 Walnut Creek, Calif. 94596 Subject: Building Plan Check Comments for BLD 2001-479 1630 W. Campbell Avenue PLN 1999-31 Dear Mr. Ney, The Planning Division has reviewed your Building Permit application for the installation of a Nextel Telecommunications Facility consisting of twelve (12) antennas mounted on an existing building wall of an existing two-story commercial building at 1630 West Campbell Avenue. The plans cannot be approved at this time because the following Conditions of Approval of the Site and Architectural Review Permit No. PLN 1999-31 for this project have not been met: 10. Business License Required: Nextel shall obtain a City Business License for this operation and renew it annually. 21. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. A business license application is enclosed. This license is required under Section 21 ·60.045 (9) General Standards of the Wireless Telecommunications Facilities Ordinance. A business license application is enclosed. Please do not hesitate to contact me at (408) 866-2193 if you have any questions about these building permit plan check comments. Sincerely, Darcy Smith Planner II Enclosure: Campbell Business License Application Cc: Sharon Fierro, Community Development Director Frank Mills, Senior Building Inspector 70 North First Street · Campbell, California 95OO8-1436 . TEk 408.866.2140 · FAX 408.866.8381 - TDD 408.866.2790 May 18,2001 Darcy Smith Planner 1 City of Campbell 70 North First Street Campbell, Ca. 95008 NEXTEL COMMUNICATIONS 1255 Treat Boulevard Suite 800 Walnut Creek, Ca. 94596 925/279-2300 Fax: 925/279-2301 Re: San Tomas Park Zoning Application Dear Darcy, Here are the (f'mal) revisions to our drawings for our proposal at 1630 West Campbell Avenue. Hopefully, this will do it for this site, and we will be submitting for building permits very soon. Thanks so much for all your attention to this matter, I'll see you soon with the next proposal. Sincerely, David A. Ney 925/279-5662 RECEIYED NAY 2 CiTY OF CAMPBELL PLANNING DEPT. CITY OF CAMPBELL Community Development Department - Current Planning May 10,2001 David Ney Nextel Communications, Inc. 1255 Treat Blvd, Suite 800 Walnut Creek, Calif. 94596 Subject: Site and Architectural Review Permit No. PLN 1999-31 for Nextel Antenna Site 1630 W. Campbell Avenue Dear Mr. Ney, The Community Development Director has agreed to the modification of Site and Architectural Review Permit No. PLN 1999-31 that would eliminate the band of tiles on the second story building walls and fiberglass cabinets to match the band of tile on the first floor at the request of the property owner, John Kirkorian. No alternative design feature will be required. In order to complete this revision, please submit revised plans showing the removal of the band of tiles. After receipt of the revised plans, a revised Administrative Action approval letter and Conditions of Approval will be sent to you along with a set of approved and stamped revised plans. Please do not hesitate to contact me at (408) 866-2193 if you have any questions about this project. Thank you for your cooperation with this matter. Sincerely, Darcy Smith Planner II Cc: Sharon Fierro, Community Development Director John Kirkorian, Kirkorian Developments, 1630 W. Campbell Avenue, Campbell, Calif. 95008 70 North First Street . Campbell, California 95008-1436 · IEL 408.866.2140 . FAX 408.866.8381 · TDI) 408.866.2790 KIRKORIAN t,] NrI?~]RI~' 1{ I S ES. I~.1 ~.C. May 2, 2001 RECEIVED HAY 0 ~. 2001 C~TY OF CAMPBELL PLANNING DF. PT, Darcy Smith Community Development Department City of Campbell 70 N. First St. Campbell, CA 95008-1436 Re: Nextel Antenna Site 1630 W. Campbell Ave. Campbell, CA Dear Darcy: Per our discussion yesterday, it is agreed that Nextel is not required to add a band of tiles to the second story building walls. If you have any questions, please give me a call. Sincerely, 1630 WEST C\Mt'I~I.:LI~ A;I,:Nt:l,; CAMI't~EI,I~, C~\I~IFORNI~\ 95008 (408) 379-4547 F\\ (408) 379-()093 KIIIKOI{I,\N DI.]~I:A,OI'MI,]X, TS KIIIKORI\N J:\MIIS' P,\RTNEIISHII' JMK P,\llTNI,]l/Sllll' KII/KOI{I,\N |)I{Ot'I,]RTII,]S Existing riLE #, pt.~-~ H'~ct~ TYPE OF APPLICATION ~ ~''~'~ ~ ~'~ '~ APPROVED nY: c~a~ ~:::~',ecco ~ cOMMUNITY qT DIRECTOt Proposed lUW~A ~. ~$-o~ NEXTEL CA - 2058A San Toma$ Park 16~,0 W. Campbell Avenue Campbell, CA 95008 Existing COM?~4ONiTY DE DIRECTOR IProposed NEXT.-' EL CA - 2058A San Tomas Park 1630 W. Campbell Avenue Campbell, CA 95008 te ational Wireless Division 3-6-01 PROPOSAL SAN TOMA$ PARK CA-2058A 940 l:~incon Circle San ..rose, Californiz 95131 (408) Fax (408) 283-1849 Nextel Communications Inc. Mike Dipiero 1255 Treat Blvd, Suite 800 Walnut Creek, CA 94596 Dear Mike We propose to furnish materials, labor and equipment to mobilize to the site to have our sub-contractor prep the existing stucco finish and install file to match along the edge of the perimeter of the building as was discussed during our site visit. The work will aced to be done off of scaffolding and man lifts. The tile and grout will match as close as possible. Be aware of the streaking and dis-colorati~,~j of the existing application on the lower levels. TOTAL 2O,262.OO August 29, 2000 Rick Gattshall Nextel Communications 1255 Treat Blvd., Suite 800 Walnut Creek, CA 94596 CITY oF CAMPBELL Community Development Department - Current Planning Subject: Building Plan Check Comments for Metricom Antenna Site 1630 W. Campbell Avenue PLN 1999-31 / BLD 2000-910 Dear Mr. Gattshall, The Planning Division has reviewed your building permit plan submittal for a telecommunication facility at 1630 W. Campbell Avenue. The building permit cannot be approved by the Planning Division at this time since several of the conditions of approval for the Site and Architectural Review Permit have not been met. In addition, the other telecommunications carder at the site, Metricom, has not been issued building permits for the construction of the roof screen or the installation of their antennas. Condition of Approval No. 2 requires the construction of the roof screen before the Nextel antennas can be installed. Therefore, building permits cannot be issued for this project until the screen is installed, if Metricom does not install the roof screen, it will become the sole responsibility of Nextel Communications to install the roof screen. The conditions of approval for the Site and Architectural Review Permit that need to be met before building permits will be issued include: Roof Screen: The roof screen that was approved under Site and Architectural Review Permit No. PLN2000-64 must be constructed before the Nextel antennas can be installed. The roof screen must obscure the view of all of the antennas. If Metricom does not install the roof screen, it will become the sole responsibility of Nextel Communications to install the roof screen. o Security Required: Prior to issuance of any permits for this facility, the applicant shall provide an irrevocable letter of credit or other reasonable tbnn 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 Site and Architectural Review Permit expires or is terminated and the equipment is not voluntarily removed. 70 North First Street . Campbell, California 95008.1423 - '~.L 408.866.2140 . F^x 408.866.8381 · Tr)O 408.866.2790 Rick Gattshall Nextel Communications Page 2 of 2 1630 W. Campbell Avenue PLN 1999-31 / BLD 20004111~910 11. Business License Required: Nextel shall obtain a City Business License for this operation and renew it annually. 20. Safety: Warning Signs: Signage shall be maintained at the facility identifying all wireless telecommunication facility equipment and safety precautions for people nearing the equipment as may be required by any applicable FCC-adopted standards, including the RF radiation hazard warning symbol identified in ANSI C95.2-1982, to notify persons that the facility could cause exposure to RF emissions. 22. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Please do not hesitate to contact me at (408) 866-2193 if you have any questions about this project. Sincerely, Darcy Smith Planner I Cc~ Sharon Fierro, Community Development Director Bill Bruckart, Building Official Bond No. 53SB103489106 SITE RESTORATION BOND Nextel of California, Inc., d/b/a Nextel Communications, as Principal, and Travelers Casualty and Surety Company of America of Hartford, CT, as Surety, are held and fLrmly bound unto City of Campbell, 70 North 1st Street, Campbell, CA 95008-1423, as Obligee, in the penal sum of Six Thousand and 00/100 Dollars, ($6,000.00) the payment of which we bind ourselves, our heirs, executors and assigns fmrdy by these presents. WHEREAS, the Principal has entered into a written agreement in connection with the operation of a communications facility located at Nextel Site No. CA2058A/San Thomas Park, 1630 W. Campbell Avenue, the ("Property") which agreement sets forth the terms and conditions which govern the use of such Property, which agreement is hereby specifically referred to and made part hereof, with like force and effect as if herein at length set forth. Now therefore, if upon termination of the agreement, the Principal removes all additions and equipment belonging to the Principal and restores the premises to the original condition, then this obligation to be void, otherwise to remain in full force and effect. The total amount payable under this bond, in the aggregate, shall be the penal sum referenced above, regardless of the number of years this bond remains in force. This bond is a continuous obligation and shall remain in force until canceled. The Surety may cancel this bond at any time by giving the Obligee written notice thirty (30) days prior to the effective date of the cancellation. Upon the cancellation effective date, future exposure to the Surety under this bond shall terminate. However, the Surety shall remain liable for any exposure under this bond resulting from the Principal's failure to fulfill its site restoration obligations during the time this bond was in force. Cancellation by the Surety does not need to be accepted by the Obligee to be effective. The Obligee may terminate this bond at any time. Effective Date of Bond: November 10, 2000 Signed and sealed this 13th day of November, 2000. Nextei of California, Inc., d/b/a Nextel Communications Principal Christie Hill, Corporate Secretary Travelers Cas~ and Surety Comp~ ~merica Surety By C~~~~ Alexanldria H. Nassar, ARomey-in-fact q\surety\nextel\Nexsite ACKNOWLEDGMENT OF ATTORNEY-IN-FACT COMMONWEALTH OF VIRGINIA) COUNTY OF STAFFORD SS On this 13th day of November, 2000, before me, a Notary Public, with and for said County and State, personally appeared Alexandria H. Nassar to me personally known, and known to me to be the Attorney-in-Fact of and for the Travelers Casualty_ and Surety_ Company of America, a corporation created, organized and existing under and by virtue of the laws of the State of Connecticut, upon oath did say that the corporate seal affixed to the attached instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by the authority of its Board of Directors, and he/she did also acknowledge that he/she executed the said instrument as the free act and deed of said Company. ~~ October 31, 2003 /,~etary Publi~ - Julia B. Taylor My commission expires TRAVELERS CAS' LTY AND SURETY COMPANY OF AMERI TRAVELEK., CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-UN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corooration~ duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, Co~mty et' Hartford; State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents m~ke, constitute and appoint: Shannon R. Keane, Alexandria H, Nassar, David C. Moylan, Julia B. Taylor, of Washingtoth District Of Columbia, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execa:e and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recogvi?ance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. Tiffs appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogni?ances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or Co) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALlr'Y AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON C)~SUALTY COMPANY, which Resolution is now in full force and effect: ~ VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any AssiStant Secretary, and thc seal of thc Company may be affLXed by facsimile'to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in thc nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon thc Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon thc Company in thc future w/th respect to any bond or undcraddng to which it is attached. (5-0O Standard) IN WITNESS WHEREOF, TRAVELEI~ CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS 'CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to b~ signed by their Senior Vice President and their corporate seals to be hereto affixed this 29th day of July, 2000. STATE OF CONNECTICUT ) SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 29th day of July, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and, say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and Which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this/,.,~~'n~ day of By Kori M. Johanson Assistant Secretary, Bond NEXTEL July 28, 2000 Nextel Communications 1255 Treat Boulevard, Suite 800, Walnut Creek, CA 94596 925 279-2300 FAX 925 279-2301 Mr. William $chulte Director CONSUMER SERVICES DIVISION California Public Utilities Commission 505 Van Ness Avenue Area 2 D San Francisco, CA 94102 Dear Mr. Schulte: This is to provide the Commission with notice pursuant to the provisions of General Order No. 159A of the Public Utilities Commission of the State of California ("CPUC") that: (a) The cellular company has obtained all requisite land use approvals for the project described in Attachment A. [] (b) That no land use approval is required. A copy of this notification letter is also being provided to the appropriate local govermnental agency for its information. Should there be any questions regarding this project, or if you disagree with any of the information contained herein, please contact Trica FergusO~ of Nextel Communications at (925) 279-5645, or Mr. William Schulte, Director of the CPUC Consumer Services at (415) 703-2349 Very truly yours, By. Mr. Fred Howe Its: Manager, Systems Development Attachment: A CC: City of Campbell Community Development Department 70 North St. Campbell, CA 95008 Attn: City Planning Director Attn: City Clerk Attn: City Manager Ms. Lori Badock California Public Utilities Commission Utility Enforcement Branch 505 Van Ness Ave San Francisco, CA 94102 ATTACHMENT A 1. Project Location: Site Identification Number: Site Name: Site Address: Site Location: County: Assessor's Parcel Number: Latitude: NAD 83 Longitude: NAD 83 2. Project Description: Number of Antennae to be installed: Tower Design: Tower Appearance: Tower Height: Building Size(s): CA - 2058 - A San Thomas 1630 West Campbell Ave. Campbell, CA S'~inta Clara County 403-02-049 37 17 06.05 N 122 58 47.35 W 12 Roof Mount Sled mounted to roof and screened. N/A 10 by 20 fl on roof 3. Business addresses of all Governmental Agencies X City of Campbell Community Development Department 70 North First St. Campbell, CA 95008 4. Land Use Approval: X Issued Site and Architectural Review Permit # PLN2000-64 on June 27th 2000. 5. If Land Use approval was not required: Explain reason for exemption and attach documentation from the jurisdiction (i.e. copy of ordinance) that officially states exemption: 08/07/00 PROJECT DESCRIPTION INTRODUCTION NEXTEL COMMUNICATIONS Proposed Telecommunication Facility 1630 West Campbell Avenue Campbell, California 95008 APN 403-02-049 Nextel Site # CA-2058A RECE ¥ED · :., :'~- ? 2000 CITY OF CAMPBELL PLANNING DEPT. Pursuant to the City of Campbell Zoning Ordinance, Smart SMR of California, Inc., d.b.a. Nextel Communications, Inc., seeks approval to add a telecommunication facility on the roof of a shopping center office building located at 1630 West Campbell Avenue in the C-1 (Commercial) zone. The communications facility will use Nextel's exclusive Enhanced Special Mobilized Radio (ESMR) technology and is a component of the applicant's developing network for the South Bay area. Specifically this site covers the Campbell Avenue-Saratoga Avenue area and will link with other Nextel sites in the surrounding area. Nextel has been authorized by the Federal Communications Commission (FCC) to construct and operate the first multi-purpose digital ESMR system in the United States. This communication system is currently used by consumer goods and services companies such as construction firms, passenger shuttle companies and messenger services. Nextel Communication also offers services to local police, fire, emergency, and public service agencies (such as PG&E, Airport Shuttle Services and South Bay Municipal Utility District) as well as to the general public. The fully digital ESMR mobile communication system will operate in the 806 to 866 megahertz frequency band with a maximum transmit strength of 100 watts ERP. Although the Nextel system uses similar frequencies as the classic cellular systems (GTE and Cellular One), the Nextel system and target market differ from both the cellular companies and the Personal Communication Services (PCS) by offering both wireless digital and dispatching communications off of one hand-set. By providing multiple functions on the same hand-held device, the Nextel communicator can serve as a one-to-one "walkie talkie" to another person in the same work group; it can allow one person to talk to an entire work group simultaneously for an impromptu wireless staff meeting; and it can also serve as a cellular telephone for private, personal conversations. Nextel currently operates from numerous antenna sites in the Santa Clara County area, with approvals or applications pending for more sites in order to expand its network. The typical Nextel customers are emergency service provides and other commercial users requiring direct communication between employees. Since there is coverage in most areas of Campbell, the principal reason for this site is to add capacity to the system to handle the increased number of customers and to avoid dropped and blocked calls. 06/06/00 Page 1 of 5 PROJECT DESCRIPTION To provide clear, consistent mobile communications service in the City of Campbell Nextel proposes to construct and operate an unmanned telecommunication facility. The proposal is to place our antenna arrays on the roof of the shopping center office behind the screen wall proposed by Metricom in an earlier application at this address. The twelve antennas will be mounted on the roof behind the proposed screen and will not be visible. The associated radio equipment will be installed inside the building and will not be visible. Site & Area Description The surrounding area consists of other commercial buildings at the intersection of San Tomas Aquinas and Campbell Avenues. There is one other carrier already present at this shopping center. Sprint has a monopole, disguised as a light standard, at this location. The site is located in the preferred commercial location according to 21.60.050. Metricom has recently, May 24, received approval to erect antennas and a screen wall on this building. Facility Description Twelve four-foot high antennas will be mounted behind the approved screen wall on the roof. All support equipment, radios, etc, will be placed inside the office building in a ground floor room. The facility is mounted and sited according to 21.60.060. The top of the antennas and the screen wall will be 35' above grade and the height of the building is 42' 6." Visual Impact The antennas will not be visible due to their placement behind an approved screen wall on top of the building. Project Alternatives Nextel Communications believes that this site is the best alternative from a radio frequency standpoint because of its location, its approximate height and its relationship to other sites within the area. The alternative site was also located near the intersection of San Tomas Aquinas Avenue and Campbell Avenue but was partially blocked by trees in the area. Environmental Review Under section 15301 "Existing Facilities" of the CEQA guidelines this project is categorical exempt because it constitutes a minor alteration of an existing public structure. However, in our effort to provide a comprehensive project description we 06/06/00 Page 2 of 5 have provided clarification of all items listed in the CEQA environmental assessment checklist: Earth, Air, Water, Plant Life, Animal Life The proposed project includes no grading. Access to the site is by an existing driveway adjacent to the office building. There will be no air emissions from the equipment. No animal life will be disrupted as a result of this project. Noise The proposed facility will be operated within the City noise standards. Light and Glare Additional lighting is not proposed with the development of this facility. Land Use The proposed unmanned wireless telecommunication facility will include antennas and associated equipment. The use is consistent with the underlying zoning and general plan. Natural Resources The proposed facility uses little power and is not expected to significantly increase consumption of or demand for natural resources. Risk of Upset The proposed equipment incorporates adequate safety measures and precautions. Each facility is electronically monitored 24 hours a day for intrusion and environmental disruption. The facility will also contain a small sign identifying the site as a Nextel facility and a 1-800 number to call in case of an emergency (staffed 24 hours a day by Nextel employees). Nextel will comply with all FCC regulations regarding signage at the facility. Population and Housing The proposed Nextel unmanned wireless telecommunication facility will not affect population or housing trends in the area. Transportation and Circulation The proposed Nextel facility will have minimal impact on traffic and circulation. Peak travel to the proposed project will be limited to the initial construction of the facility, 06/06/00 Page 3 of 5 which should take approximately two weeks. After construction is complete, the facility will be visited once or twice a month for routine maintenance. Public Services, Energy and Utilities The small, unmanned facility will not generate demand for additional public services and will not increase demand upon existing energy sources. The equipment will connect to and use utility systems (electrical and telephone land lines) that are already present on the subject parcel. The proposed facility will not require the uses of services such as water or sewer. Electrical power and telephone services are the only necessary utilities. All utilities will be inside existing buildings. Human Health The proposed Nextel facility falls significantly below all state and federal regulations for emissions of non-ionizing radiation. (non-ionizing radiation - such radio waves - is not harmful to humans. Ionizing radiation - such as x-ray -is harmful to humans) All antenna facilities (including radio and television broadcasting, microwave and cellular communications, ham radios and police radar) emit a small amount of non- ionizing radio frequency radiation. This form of radio wave energy is Iow in power and cannot ionize, or alter, the molecular structure of living tissue. Nextel is licensed by the FCC to operate specifically within the 806 to 866 Megahertz frequency band at approximately 35 watts per channel. The site will accommodate 10 channels per sector, with three sectors, for an effective radiated power level of approximately 350 watts at full capacity in any one direction. This level is thousands of times less powerful than FM and TV facilities and only a fraction of the power of an ordinary home microwave oven (which usually operates at 650 watts). The emissions from the proposed facility will be at a level 100 to 1,000 times below even the most conservative standard for such radio frequency emissions. The National Council on Radiation Protection (NCRP) establishes long term radio frequency exposure standards. The maximum allowable standard for continuous 24- hour public exposure within the 806 to 866 frequencies is 579 microwatts per square centimeter. Aesthetics All equipment, with the exception of the antennas, will be located within the existing building and therefore not visible to the surrounding area. The antennas are attached behind approved screening walls rendering them not visible. Recreation 06/06/00 Page 4 of 5 The proposed unmanned wireless telecommunication facility will have no impact on existing recreational facilities. Archaeological and Historical Resources The proposed facility will be a tenant improvement to an existing developed property and therefore will not have any impact on the archaeological and historic resources of the area. CONCLUSION As indicated above, the establishment of this telecommunications facility will not be detrimental to the public health, safety or welfare of persons residing or working in the neighborhood, or be materially injurious to the neighborhood, or the general welfare of the City of Campbell. The proposed facility will not place any burden on traffic, nor will it result in objectionable levels of noise, odor, dust, or dirt. The proposed facility will be a link to important communication infrastructure. Individuals and businesses will be able to access wireless communications to stay in business, to expand their business, to provide personal convenience, or to strengthen personal safety and the ability to communicate on demand with business, government, family and friends. In addition, the energy emitted is well below or within the parameters established by the FCC. The proposed Nextel facility will not interfere with any police, fire or emergency communications, or nearby televisions or radios due to the separation in the frequency ranges by Nextel and from those used by other communication devices. The FCC controls and regulates the operation of all the telecommunication equipment and devices to be used at this proposed facility. The proposed facility will conform to all FCC standards and regulations. 06/06/00 Page 5 of 5 ORC H Development Application File No. c~c~ -gl (c¢') Planning Department 70 North First Street, Campbell, California 95008 (408) 866-2140 APN(S): Z0NrN~: c - ! - ¢ PROPERTY ADDRESS: ld, 30 t,,,'. 6~ ~'~o~ II TYPE OF APPLICATION(S): DATE FILED: GENERAL PLAN: tz /.o ADDRESS: CITY/STATE: TELEPHONE: ziP: PROPERTY OWNER: ADDRESS: CITY/STATE: LL[__ TELEPHONE: z~p: Attach a separate sheet listing the names and addresses of others you wish to receive copies of staff reports and agendas. AFFIDAVIT/SIGNATURE(S): The undersigned person(s), having an interest in the above-described property, hereby make this application in accordance with the provisions of the Campbell Municipal Code; and, hereby certify that the information given herein is tree and correct to the best of my/our knowledge and belief. Applic~ff's Signature Date Property Owner's Signature Date NOTE: Staff is required by State Law to notify applicants of the completeness of their applications within 30 days. Only those applications which are found complete will be placed on the Planning Commission Agenda. OFFICE USE ONLY PC Meeting: PC Action: CC Meeting: CC Action: Fee Paid: Receipt No: Completeness Letter Sent: 300 Foot Notices Mailed: Press Notice Published: Notice of Prep/Public Review: Notice of Determination: Rvsd. 03/30/98 0,~ C H A ?~0 Use Permit Supplemental Application FILE NO. PURPOSE A Use Permit allows for special consideration of certain specified uses which may be compatible with an area depending on the specifics of the particular case. The Use Permit process is designed to provide the City sufficient flexibility to determine whether a specific land use on a certain site will be compatible with its environs and the General Plan. PROCESS Project Consideration & Pre-Application Review: In reviewing a use permit application, the staff and Planning Commission will evaluate such items as building placement and size, traffic generation, noise, hours of operation, adequacy of parking, circulation, drop-off facilities and overall compatibility of use with adjoining properties. It is recommended that the applicant submit a preliminary proposal to the Planning Department prior to submission of formal application. This will allow the Planning staff to review the request and inform the applicant of possible concerns related to the proposal. and building design and then forwards a recommendation to the Planning Commission. Staff Review: The Planning staff will review the application and conduct a site investigation to determine the relationship of the request with the City's General Plan and to analyze land use, traffic, site plan and other impacts or concerns of the proposed project. A written staff report will be prepared for the Planning Commission (PC) that includes staff's recommendations and a description of the development proposal. A copy of this report will be sent to the applicant during the week prior to the PC hearing on the application. Copies are also available to the public. Public Notice: All use permit applications require a public heating which is held during the Planning Commission meeting. At least ten days prior to the meeting, property owners within 300 feet of the site will be notified by mail of the public hearing and a notice will be published in the Campbell Express. Filing of Application: The applicant should submit a completed application, filing fee, a written statement and other required information to the Planning Department. A planner will be assigned to review the material to make sure all the required information is provided. The applicant will be notified within 30 days as to whether the application is complete or whether additional information is required. Environmental Revie~v: Typically, use permits are categorically exempt from the environmental review process. Planning Commission Meeting: The staff will present an oral report and recornmendation for your application. This presentation will be followed by testimony from the applicant and then by any interested persons who may wish to comment on the application. The Planning Commission may then close the public hearing and make a decision approving or conditionally approving the request, denying the request or postponing the decision to a later date. Unless an appeal is filed, the Planning Commission's decision will become fLnal unless ratification is required by the City Council. Site and Architectural Review Committee (SARC): Use permit applications involving exterior modifications require review by SARC. The Committee reviews the application for site layout Appeal to City Council: Use permits do not go to the City Council unless the Planning Commission's decision is appealed within ten calendar days. Project Summary Zoning: Proposed Use: Gross Floor Area: Net Lot Size: Surrounding Uses: Parking Spaces: INFORMATION TO BE FILLED OUT BY APPLICANT North: East: Required General Plan Designation: Existing Use: k~or Area Ratio: Landscape Coverage: ~, I Sou~: ~ [ West: Provided Seating Count: Restaurant and Assembly Uses Rvsd. 03/30/98 ORC H i~ g.O Attachment E Hazardous Waste & Substance Sites Disclosure Form This form must be completed by development applicants per the provisions of Government Code Section 65962.5. As part of the development application process, you must complete this disclosure form, certifying that you have reviewed the current CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List (available at the Planning Department, City of Campbell) and indicate below whether your project site is included on this list. Project Site Address: Proposed Project: Yes, the above-referenced site is included on the CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List. No, the above-referenced site is not included on the CAL-EPA Department of Toxic Substances Control Facility Inventory Data Base Hazardous Waste and Substances Sites List. Applicant Signature~ Please provide this completed form to the City of Campbell, Planning Department, 70 N. First Street, Campbell, CA 95008, together with the application for development. Rvsd. 06/10/98 LETTER OF AUTHORIZATION APPLICATION FOR ZONING/USE/BUILDING PERMIT . ~:/.:.' as owner(s) of the below described property, does/do hereby appoint Nextel of ~:i:?:/iCalifornia, Inc. as agent for the purpose of consumating any application necessary to ensure their ability to use and/or construct improvements to the property leased, or licensed, to them for the purpose of constructing a communications site. I understand that the application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. I/We hereby authorize the employees of the City/County of ~'3~ ~o~ Q ~({k, to enter upon the subject property during normal business hours as necessary to inspect the property for the purpose of processing this application. Located at: Assessor's Parcel Number: Signature of Property Owner: Date: Site//: To: ITEM City Clerk Please collect ,~,d receipt for the following monies. AMOUNT Maior: A. 1+ acres - General Plan Amendment Zone Change Planned Development Permit EIR Review $4,650.00 4,650.00 4,650.00 4,650.00 0-1 acre General Plan Amendment (552.4660) Zone Change Planned Development Permit EIR Review 3,375.00 3,375.00 3,375.00 3,375.00 Minor: A. Subdivision Map (5+ Lots) Site and Architectural 10+ K S.F. Tentative Parcel Map (4<Lots) Site and Architectural 0-10 K. S.F. Variance (Non-residential) Text Amendments Use Permit 3,375.00 2,257.50 2,257.50 1,627.50 1,627.50 1,627.50 1,627.50 III. Miscellaneous A. Variance (Residential) Modifications of Approval Modification PD Permit Reinstatements Revised Development Schedule Extensions of Time 1,010.00 1,010.00 1,010.00 1,010.00 1,010.00 1,010.00 Site and Architectural (Res/Each House) Signs (Each Sign) Fence Exception Promotional Events 126.00 126.00 126.00 126.00 Appeals Downtown Development Permit Historic Preservation Zone, Use Permit, HP Permit 0 0 0 IV. Other Maps General Plan Text Zoning Ordinance Copies (per page) Refundable Deposit -- Account 2203 Fire Department Review -- Account 01.303.3322 Architectural Approval Project Plan Review Subdivision Park Impact Fee - Account 295.535.4920 6.50 19.00 23.00 1.00 (1st page, .10 ea add'l) 52.50 157.50 100+10perloffunit Tree Replacement In-Lieu Fees - Account 101.701.4971 For City Clerk Only Receipt No: i ~'~ 0 \ Q.- Amount Paid: { [a 9-0{-. ~'O _ ~.~ ,~ ~. Receiv~ by:~ ~ ~, ~ ~-~ - ~ ~-, ~ ~ Date: . 3tT'f CLE a b Exception for Major Projects: It is anticTpated ~at ~e application processing costs of sel~t~ major projecu will significantly exceed the above fees. In ~ese c~es, ~e Comuni~ Development Dkector may collect a deposit and ch~ge actual time s~nt to pr~ess the application b~ upon cunent homly ra~s. Note: Adopted by Resolution No. 9539 by City Council, City of Campbell, 06/01/99.