Reinstatement - 1999 CITY OF CAMPBELL
BUILDING INSPECTION DIVISION - COMMENTS TO THE DEVELOPMENT REVIEW COMMITTEE
DRC: September 13, 1999
ADDRESS: 700 W. Hamilton Ave. Project Application: R99-03 (UP)
RECOMMENDATION:
Note: No building code issue has been reviewed at Development Review Committee; it will be reviewed in the
Building Permit process. Please be aware that building codes are changing constantly; plans submitted for
building permit shall comply with the code in effect at that time. Submit permit application together with
required documents to the Building Inspection Division to obtain a building permit. No construction can be
commenced without an appropriate building permit.
It is recommended that this item be forwarded to the Planning Commission for Approval, with the following
conditions.
TO THE SATISFACTION OF THE BUILDING DIVISION MANAGE1UBUILDING OFFICIAL:
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. X 36 in.
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.
TITLE 24 ACCESSIBILITY - COMMERCIAL: Project shall comply fully with current State
of California Title 24 Accessibility requirements.
APPROVALS REQUIRED: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department (378-4010)
70 N. First Street, Campbell CA 95008 FAX (408)866-8381
Fax
To:
Fax:
From:
Re:
Melody Blaisdell, NeWel
510-645-1419
866-2193
Reins~tementapplication
From: Barbara Ryan
Pages: 2
Date: 9/10/99
cc: Sharon Fierro, Senior Planner
1)
2)
3)
The Reinstatement application for the tree antenna at 700 W. Hamilton Avenue has been scheduled for the
October 12, 1999 Planning Commission.
Building permits are not issued on Commission and Council approved projects until complete landscaping
and irrigation plans have been submitted for review.
A) The plans are reviewed by the City's Landscape Consultant, with'changes made usually prior to the
building permit being issued.
B) In this case, with off-site landscaping being involved on County property, the approval by the County
will be required prior to issuance of the building permit.
It would be advisable to submit a new Reinstatement application letter, as any misstaments in it will need to
be addressed in the staff report to the Planning Commission. This includes:
A) "The City requested that we use Pulte Homes' landscape architect". The City only advised Nextel that
as the Pulte Homes landscape architect was already working on landscape plans for the median of the
San Tomas Expressway, that speed and coordination between the two plans might be gained by using
this landscape architect.
B) The aspect of who would be responsible for the maintenance of the landscaping within the County's
right-of-way is a separate issue from the preparation of the landscape plans themselves. This issue in
no way would be a cause for a delay in the preparation of the plans themselves.
C) The requirement for the landscaping within the San Tomas Expressway is not related to the
administrative extension. The extension was given due to the time it took for the City to find and
contract with a consultant to evaluate the necessary Nextel antenna height relative to reception. The
Planning Commission did not like the appearance of the tree, and wanted it to be of a height which
blends with the trees next to it. The study resulted in finding that the antenna needed to be of a height
which would project above the adjacent trees. It is this visibility of the tree which necessitates the
screening offsite, as screening cannot adequately be provided on site.
D) Pulte homes will be required to provide maintenance of the landscaping they are placing within the
County right-of-way. They are contracting with the County regarding maintenance, as it is County
property and therefore a County decision as to the form of the agreement.
E) The Santa Clare Valley Water District (Sue Tippets, @ 408-265-2607 x2253) has informed us that the
District would not prohibit landscaping within their easement (the land is owned by the County). Any
plans would need to be reviewed by them, and a permit obtained. Please have your landscape
architect call Sue.
September 10, 1999
F)
There is water available on your site. Scott Cooley, owner, might require Nextel to have a separate meter
to monitor water usage. The County, however, might agree to truck-watering on their property. Please
contact the County to determine the form of acceptable watering within their property. The contact person
whom your landscape architect has been in contact with is Ashol Vyas at 408-573-2462.
It has been over one year since the necessary height of the antenna was confirmed, and the requirement
for off-site landscaping known by Nextel (8/18/99). Heinz Lump, in fact, was informed, prior to the
inception of the study, that this would be the requirement if the antenna height could not be lowered. The
importance and necessity for the provision of the landscape and irrigation plans has therefore been known
by Nextel for some time. It should be noted that Pulte Homes has already submitted plans to the County
and received approval. They were approved by the City Council in November of 1998.
Please have your landscape architect call us so that we may understand what is causing the delay, and may
help in any way that we can. As he is the same one used by Pulte Homes for the San Tomas Expressway
landscaping, he is probably more familiar than we are regarding working with the County in this area. If we can
help in any way, please let us know. We are as anxious as Nextel to expedite this project.
· Page 2
NEXTE[
Nextel Communications
475 14th St., Suite 200
Oakland, CA 94612-1900
510 645-1400 FAX 510 645-1419
Ms. Barbara Ryan
Associate Planner
City of Campbell
70 North First Street
Campbell, California 95008-1423
CITY' OF F./L
PLANNING DEPT.
August10,1999
~QUEST FOR USE PERMIT (UP-97-15) EXTENSION
700 W. HAMIL TON A VENUE
NEXTEL SITE NO. CA-890C WEST HAMIL TON
Dear Mrs. Ryan:
As you are aware, the City Planning Commission approved use permit (UP 97-15) in February
1998. Condition No. 12 limited the approval to one year. In March of 1999, the Director granted
us a five- (5) month administrative extension because a great deal of our initial approval time was
used up by the height study. In consideration of this extension, the City required that we submit
landscape improvement plans for the landscaping of a portion of the median, and the right of way
area within and adjacent to San Tomas Expressway.
Since that time, we have made a good faith effort to comply with condition no. 5 and 10 of UP
97-15, including the following:
The City requested that we use Pulte Homes' landscape architect for the preparation of our
'landscape plan. The logic was that he is familiar with area, would possibly already have
street plans or know the process for obtaining street plans along San Tomas Expressway so
that the landscape plan preparation could be completed in a timely manner.
Nextel Communications hired the landscape architect and he was directed to prepare
plans for areas - as outlined in the diagram from the City - requiring landscape and
irrigation.
The landscape architect came back to us shortly there after and let us know that "no
street plans" were available from either the City or the County and that an engineer
would have to be hired to survey and prepare plans.
UP 97-15 Extension Request
Page ] o£3
NEXTEE
Ms. Barbara Ryan
City of Campbell
August 10, 1999
Page Two
In concert with condition no. 10, we also started working with the City and County on the
issue of maintenance.
· We were told by the County that they would not maintain the landscaping and that
the City has no maintenance agreement with the County to maintain this area.
This created a serious dilemma because we were required to install and maintain the
landscape by the City but the City provided no vehicle for us to comply with the
conditions.
We have not submitted construction drawings for our proposed telecommunication facility
until the landscape issues have been addressed. This has created a significant hardship for
Nextel Communications in the compliance with the time limit established by the City. We
have identified multiple issues regarding the installation and maintenance of the landscape
that are unresolved, as follows:
· Nextel is unable to provide funding for the long term maintenance until a scope of
work has been developed.
· The City will not maintain because they have no jurisdiction nor do they have a
maintenance agreement with the County.
. · Pulte Homes is not required to provide long term maintenance.
· There is no water available for tie-in to supply irrigation to the median or to the right
of way area.
· The municipal transportation company has jurisdiction for the area around the bus
stop.
· The water district does not want landscaping within 50' of their maintenance access.
They also do not want us to cross the channel with irrigation piping.
UP 97-15 Extension Request
Page 2 of' 3
NEXl' [
Ms. Barbara Ryan
City of Campbell
August 10, 1999
Page Two
In accordance with condition 5.F. of Planning Commission Resolution No. 3146, Nextel
Communications has made a good faith effort to work with the Santa Clara Valley Water District,
the Santa Clara County municipal transit authority, Pulte Homes, and the City of Campbell to
find resolution to the issues outlined above. We have been unsuccessful to date in this effort and
we do not see any resolution in the near term. Nextel is prepared to continue 'in good faith' to
work out the issues and meet our obligations. In order to do so we will need an extension to our
use permit.
Nextel Communications is requesting an administrative extension to December 31, 1999 in order
to comply with the conditions of approval as mandated by the City. We are also requesting that
we be allowed to go through the plan check process and construct our telecommunication facility.
We would agree to a condition that the city hold up our final inspection until a resolution to the
conditions has been agreed to by all parties.
We appreciate your assistance in this matter and should you have any questions please do not
hesitate to contact me at (51 O) 208-8618.
Respectfully Submitted,
Melody Blaisdell
Construction Manager
:meb
Cc:
Steven Schanck, Construction TL
Heinz A. Lumpp, Zoning TL
UP 97-15 Extension Request
Page 3 0£ 3
Nextel Communications
475 14th St., Suite 200
P.O. Box 70183
Oakland, CA 94612
510 645-1400 FAX 510 645-1419
LETTER OF AUTHORIZATION
TO: CITY OF CAMPBELL
APPLICATION FOR ZONING/USE/BUILDING PERMIT
Scott M. Cooley, as owner of the below-described property, does hereby appoint Smart SMR of
California, Inc. as agent for the purpose of consummating 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 hereby authorize employees of the City of Campbell 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:
700 W. Hamilton Avenue
Assessor's Parcel Number: 307-39-037
Signature of Property Owner:
Date:
Site #:CA-0890C
G:~SITESkLEASINGkLSES_98\890C~OA2.DOC