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Site and Architectural - 2001RE: Burrows/McCoy ,,_ ~. Page 1 of 6 Geoff Bradley From: Gabrielli, Tony ~ony. Gabrielli@crowncastle.com] Sent: Wednesday, November 13, 2002 10:06 AM To: 'Geoff Bradley' Subject: RE: Sunnyoaks Fire Station - 485 W. Sunnyoaks Ave. Geoff- I just passed this message onto Rick Ford (he took over when Doug Wilson left). He is in the process of calling the contractor now. Feel free to call Rick Ford @ 805-714-3553. Best Regards, Tony Gabrielli, Property Specialist 925-437-8096 cell 925-516-0839 fax Crown Castle International 6601 Owens Drive, Suite 250 Pleasanton, CA. 94588 The content of this email and any attachments ore confidential and may also be privileged, ]:f you are not the addressee of this email, you may not copy, forward, disclose or otherwise use any pard' of it in any form whatsoever, or take any action in reliance on its contents. l'f you have received this emoil in error, please emoil the author and delete any copies of this email and cmy attachments from your computer, You are responsible fay carrying out your own virus checks to ensure no viruses are present in this email, and Crown Castle Tnternationai Corp., including its subsidiaries, does not accept responsibility for any loss or damage thereby arising. This email expresses the views of the author and not necessarily those of Crown Castle. The integrity of this email cannot be guaranteed and email messages pose potential risks. All liability is excluded to the extent permitted by law for any occurrence. Crown Castle reserves the right to monitor its email system, and any emaJl you send to Crown Castle may be subject to such monitoring ..... Original Message ..... From: Geoff Bradley [mailto:geoffb@cityofcampbell.com] Sent: Wednesday, November 13, 2002 9:54 AM To: 'Gabrielli, Tony'; Geoff Bradley Cc: Wilson, Doug; Nubbe, Carol; Smith, Robert Subject: RE:Sunnyoaks Fire Station - 485 W. Sunnyoaks Ave. Zmportance: High Tony -- who is the Verizon contact for this facility? The new roof is leaking badly and needs to be fixed by the contractor. thanks Geoff ..... Original Message ..... 11/13/2002 Real Estate Department April 23, 2002 City of Campbell Community Development Department 70 N. First Street Campbell, CA 95008 Attn: Bernard Stojny YerlxO_llwirelbss 180 Washington Valley Road Bedminster, NJ 07921 Re: Lease Agreement dated September 10~ 2001 Dear Sir or Madam: On the l0s day of September 2001, GTE Mobilnet of Califomia Limited Partnership, d/b/a Verizon Wireless entered into a Lease Agreement with the City of Campbell for the property located at 485 W. Sunnyoaks Avenue, Campbell, California. Pursuant Section 3 of the Agreement, this letter will serve as your notification that the commencement date of this Lease is December 1~ 2001. The initial term is for a period of five (5) years, at an annual rent of $21,600.00 to be paid in equal monthly installments of $1800.00, on the first day of the month, in advance. I have instructed our Accounting Department to issue a check in the amount of $10,800.00, which represents payments for the months of December of 2001 through May of 2002. Your check will be sent to you shortly after you received this letter. Beginning June 2002 and each month after you will automatically receive your payments. I trust the foregoing is clear but should you have any questions now or in the future regarding this lease, please contact me at (908) 306-7057. ~ly, k-.C~ordinator-Network Real Estate NCA Burrows McCoy CERTIFIED MAIIgRE~ RECEIPT REQUESTED Certified #7001 1940 0006 6978 5182 Bond No. 017005803 Amount: $30,000.00 KNOW ALL MEN BY THESE PRESENTS That, we, GTE Mobilnet of California Limited Partnership dba Verizon Wireless (hereinafter call the Principal), as Principal, and LIBERTY MUTUAL INSURANCE COMPANY, of 479 Jumpers Hole Road, Sevema Park, MD 21146, a corporation duly organized under the laws of the State of Massachusetts (hereinafter called the Surety), as Surety, are held and firmly bound City of Campbell (hereinafter called the Obligee) in the sum of Thirty Thousand and 007100 Dollars ($30,000.00) for the payment of which we the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, f'axnly by these presents. Sealed with our seals and dated this 52 day of November, 2001. Whereas, the Principal is obligated to remove any equipment located at property 485 West Sunnyoaks Avenue, Campbell, CA 95008 in the event that it is abandoned or in the event that the Principal's lease agreement with Obligee expires or is terminated and the equipment is not voluntarily removed. NOW, THF. REFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Prindpal shall well and truly perform the work hereinabove specified to be performed or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Prindpal so to do, then this obligation shall be void, otherwise to remain in full force and effect. Regardless of the number of years this bond shall continue in force, the Surety shall not be liable for a larger amount, in the aggregate, than the amount of this bond. Surety agrees to give thirty (30) days written notice of any cancellation of this bond to City of Campbell, 70 N. First Street, Campbell, CA 95008. GTE Mobilnet of California Limited Partnership dba V?aizgn Wireless ;'/' /' I,i/(.,., / By: .,/5' .~ ,/~. (e--/-z~ RoberYc F. Sw~±ne VP Network -~/est /kre~ Liberty Mutual Insurance Company · ._..t<....~"~'~:'~/ Matthew P. Pilconis, Attorney-in-Fact RECEIVED 0V 2 6 2001 CITY OF CAMPBELL PLANNING DEPT. RECEtVED Off( 1 5 001 C[i'Y OF C/ PBELL p NNING DEPT. ~wirefess One GTE Place MC: GA3BIREG Alpharetta, GA 30004 (678) 339-4259 October 8, 2001 Consumer Services Division California Public Utilities Commission 505 Van Ness Avenue, San Francisco, CA 94102 Re: Notification Letter for BURROWS/MCCOY of GTE Mobilnet of California Limited Partnership (U-3002-C), San Jose, CA MSA This is to provide the Commission with notice to the provisions of General Order No. 159. A of the Public Utilities Commission of the State of California ("CPUC") that for the project described in Attachment A: [x] (a) The Company has obtained all requisite land use approvals for the project described in Attachment A. [ ] (b) No land use approval is required per County of Santa Cruz.. See attached letter. A copy of this notification letter is also being provided to the appropriate local government agency for its information. Should them be any questions regarding this project, or if you disagree with any of the information contained herein, please contact, please contact Kay Howe of Verizon Wireless at (678) 339-4259. Very truly yours, Kay Owrey-Howe Specialist - Regulatory Network Compliance Attachment CPUCO 1.0690 SITE NAME: SITE ADDRESS: LOCATION: COUNTY: APN: 404-30-017 COORDINATES: Latitude: (NAD27) Longitude: 2. PROJECT DESCRIPTION: Attachment A CPUC CELL SITE REPORT FOR GTE MOBILNET OF CALIFORNIA PROJECT LOCATION: -Burrows/McCoy - CA1756 Burrows/McCoy 485 W. Sunny Oaks Avenue Campbell, California 95008 Santa Clara 37° 16' 21.3" N 121° 57' 26.9" W GTE Mobilnet of California Limited Partnership proposes to install nine (9) panel antennas and one (1) GPS antenna, surrounded by fiberglass screening on top of the Fire Department Hose tower. ANTENNA: TOWER DESIGN: TOWER APPEARANCE: TOWER HEIGHT: BUILDING SIZE: Nine (9) panel antennas & one (1) GPS antenna Hose Drying tower Roof mounted 38' Outdoor equipment cabinets in a fenced enclosure of 15' X 14'6" CPUCO 1.0690 Notification Letter GTE Mobilnet (U-3002-C) October 8, 2001 Page 3 3. BUSINESS ADDRESSES OF ALL LOCAL GOVERNMENT AGENCIES: cc.' Sharon Fierro Community Development Director City of Campbell 70 N. 1 st Street Campbell, CA 95008 Bernard Strojny City Manager City of Campbell 70 N. 1 st Street Campbell, CA 95008 Ann Bybee City Clerk City of Campbell 70 N. 1 st Street Campbell, CA 95008 Ms. Lori Badock Utilities Enforcement Branch Consumer Services Division California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 4. LAND USE APPROVALS: Site and Architectural Review Permit: Issued: Effective: Agency: Permit Number: Resolution Number: 09-25-01 09-26-01 Planning Commission City of Campbell 71 N. 1 st Street Campbell, CA 95008 PLN 2001-64 PC Resolution 3375 CPUC01.0690 CITY OF CAMPBELL Community Development Department - Current Planning September 26, 2001 Mr. Robert E. Smith Tacit Communications 1536 W. Branch Street Arroyo Grande, CA 93420 Re: PLN2001-64 - 485 W. Sunnyoaks Avenue- Wireless Antenna Installation Dear Applicant: Please be advised that at its meeting of September 25, 2001, the Planning Commission Adopted Resolution No. 3375 granting a Site and Architectural Approval to allow the construction of a wireless antenna facility on the tower of the Sunnyoaks Fire Station. This Site and Architectural Approval is effective in ten days, unless appealed in writing to the City Clerk. 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, Darcy Smith Planner II CC: Captain Kendall Pearson, County Fire Department Frank Mills, Building Department Chris Veargason, County Fire Department Harold Housley, Public Works Department Kirk Heim'ichs, Redevelopment Manager 70 North First Street · Campbell, California 95008-1436 - TEL 408.866.2 140 . FAX 408.866.838 I · TDD 408.866.2790 RESOLUTION NO. 3375 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL APPROVAL (PLN2001-64) TO ALLOW THE CONSTRUCTION OF A WIRELESS ANTENNA FACILITY ON THE TOWER OF THE SUNNYOAKS FIRE STATION ON PROPERTY LOCATED AT 485 W. SUNNYOAKS AVENUE IN A P-F (PUBLIC FACILITIES) ZONING DISTRICT. APPLICATION OF MR. ROBERT E. SMITH, ON BEHALF OF VERIZON WIRELESS. FILE NO. PLN2001-64. After notification and public hearing, as specified .by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2001-64: 1. Wireless communication facilities are permitted in the P-F Zoning District subject to the approval of a Site and Architectural Review Permit. 2. The proposed project is compatible with the existing building and hose tower by utilizing a screen that hides its appearance. 3. The placement of the antennas behind a fiberglass screen painted and textured to match the hose tower integrates well with the existing use and provides limited visibility of the antennas from public view. 4. The proposed project meets the criteria for a stealth facility and utilizes preferred antenna siting and mounting techniques under the Wireless Telecommunications Facilities Ordinance. 5. The location of the antennas attached to an existing structure is a preferred location under the Wireless Telecommunications Facilities Ordinance. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and the Zoning Code. 2. The development and use are compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. Planning Commission Res61ution No. 3375 PLN2001-64 - 485 W. Sunnyoaks Avenue - Wireless Antenna for Verizon Wireless Page 2 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 existing tower is of adequate shape and size to accommodate the stealthing required in order to integrate the telecommunications facility with uses in the surrounding area. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 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 Review Permit to allow the installation of nine (9) wireless telec°mmunications antennas mounted on an existing hose tower roof. The hose tower will be extended vertically by six feet with a "radio frequency friendly" fiberglass screen painted and textured to match the existing tower siding. The project utilizes stealth techniques to reduce potential visual impacts. Project approval shall comply with project plans prepared by Delta Groups Engineering, Inc., stamped as received by the Planning Department on July 5, 2001, except as modified herein in the Conditions of Approval. 2. Color and Finish of Antenna Screen: The fiberglass screen shall be painted and textured to match the existing tower. Maintenance of Finish: It is an ongoing obligation of GTE Mobilenet, assignees and successors in interest to maintain the exterior finish of the fiberglass panels in good order. Faded, peeling or damaged paint shall be repainted as soon as practical. Site and Architectural Review Permits Approval Expiration: Within one year from the date of approval, a building permit must be obtained and construction completed one year thereafter or the Site and Architectural Review Permit approval shall be void. Planning Commission Resotution No. 3375 PLN2001-64 - 485 W. Sunnyoaks Avenue - Wireless Antenna for Verizon Wireless Page 3 o ° Length of Permit Term: This Site and Architectural Review Permit shall expire five years after permit approval, on September 11, 2006. If the use is to continue, the applicant shall apply for additional five-year periods, subject to approval by the Community Development Director. Cessation of Operations: The service provider shall provide written notification to the Community Development 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. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Site and Architectural Review Permit and Conditional Use 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, cash deposit, 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. An estimate of the cost of removal shall be provided by GTE Mobilenet for review by the City prior to submittal of security. 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 to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 10. 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. 11. Business License Required: A City Business License shall be obtained for this operation prior to the issuance of a building permit and shall be renewed annually. 12. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets painted to match the structure. 13. Compatibility With City and County Fire Emergency Services: The facility shall not be operated nor caused to transmit on or adjacent to any radio frequencies licensed to the Planning Commission Resolution No. 3375 PLN2001-64 - 485 W. Sunnyoaks Avenue - Wireless Antenna for Verizon Wireless Page 4 City or County Fire Department .for emergency telecommunication services such that the agencies' emergency telecommunications system experience interference. 14. No Interference with Emergency Transmissions: The installation shall not interfere with any City or County Fire Department emergency service telecommunications facilities transmission. 15. 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 to prevent glare on adjacent uses. 16. 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. 17. Noise: The telecommunications facility, including power source, ventilation and cooling facilities, shall not generate noise discernible to a person of normal hearing who occupies the fire station facilities. The noise level on adjacent residential uses shall not exceed an exterior noise level of 65dBA or noise level audible from a residential use with windows and doors closed an interior noise level of 45dBA. 18. 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. 19. Maintenance Hours Restricted in Residential Ar-~as. Normal maintenance activities shall only occur between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday, excluding emergency repairs. 20. 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. 21. Odors: The testing of back-up generators shall not produce odors that adversely affect the public. 22. 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. Planning Commission Resolution No. 3375 PLN2001-64 - 485 W. Sunnyoaks Avenue - Wireless Antenna for Verizon Wireless Page 5 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. 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. Do 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. As a co-location site, the report shall compare EMR/RF emissions at this location generated by all uses to the limits established by the FCC. The report shall be written in plain English. 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 on the communications equipment cabinet. Building Division 23. 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. 24. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 25. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 26. Structural Drawings and Calculations: Plans shall include appropriate structural details and calculations prepared by California licensed engineer to justify design. 27. Transfer of Structural Loads: Plans shall detail how new rooftop equipment loads are supported and transferred within the existing structure. Planning Commission Resomtion No. 3375 PLN2001-64 - 485 W. Sunnyoaks Avenue - Wireless Antenna for Verizon Wireless Page 6 28. 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. 29. 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. 30. Pollution Control Program: The City of Campbell, standard Santa Clara Valley Non-poim Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Division service counter. 31. Approvals Required: The project requires the issuance of the building permit: a. Santa Clara County Fire Department following agency approval prior to COUNTY FIRE DEPARTMENT 32. The applicant shall submit design details of the containment tray for the battery cabinet to the City Building Division and County Fire Department for review and approval prior to the issuance of the building permit. PASSED AND ADOPTED this 25th day of Septemb~, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Hemandez and Lindstrom None Gibbons and Jones None APPROVED: Mel Lindstrom, Chair ATTEST: Sharon Fierro, Secretary ITEM NO. 2 PLN 2001-64 Smith, R. STAFF REPORT - PLANNING COMMISSION MEETING OF SEPTEMBER 25, 2001 Public Heating to consider the application of Mr. Robert Smith, on behalf of GTE Mobilenet (d.b.a. Verizon Wireless), for approval of a Site and Architectural Review Permit to allow the installation of nine panel antennas and a fiberglass screen on the existing hose tower on property located at 485 W. Sunnyoaks Avenue in a P-F (Public Facilities) Zoning District. STAFF RECOMMENDATION That the Planning Commission takes the following action: Adopt a Resolution, incorporating the attached findings, approving a Site and Architectural Review Permit to allow the installation of nine panel antennas and a fiberglass screen, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15301 Class 1 (e) of CEQA; therefore, no environmental action is required. PROJECT DATA Net Lot Area: Gross Lot Area: 1.31 acres (57,057 sq. ft.) 1.42 acres (61,739 sq. ft.) Site Utilization Building Coverage: Landscape Coverage: Paving Coverage: Square Feet 8,687 sq. ft. 7,299 sq. ft. 41,077 sq. lt. Percentage 15% 13% 72% Floor Area Ratio: 0.15 Parking Provided: 33 Parking Required: 33 Parking required for this project: None DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Site and Architectural Review Permit to allow the installation of nine panel antennas and a fiberglass screen on the existing hose tower of a Santa Clara County Fire Department fire station located at 485 E. Sunnyoaks Avenue. The antennas will be completely screened from view by a new six-foot high screen to be added to the hose tower. Staff Report -- Planning CoL..mission Meeting of September 25, 200, ' PLN 2001-64 -- 485 W. Sunnyoaks Avenue Page 2 of 3 Background: The subject property, the Sunnyoaks Fire Station, is located on the north side of West Sunnyoaks Avenue between Kenneth and Emory avenues. The City-owned site and buildings are leased to the Santa Clara County Fire Department. The original fire station was approved with a Conditional Use Permit in 1968. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Public/ Semi Public. The proposed project is consistent with the General Plan land use designation. Zoning Designation: The zoning designation for the project site is P-F (Public Facilities). Wireless telecommunications facilities are permitted in the P-F zoning district. When the facility meets the requirements for a "stealth" facility it is subject to the approval of a Site and Architectural Review Permit. Use: Verizon Communications, formed by the merger of Bell Atlantic and GTE, is a leading provider of wireless communications services in the United States. The proposed wireless facility will serve an existing demand in the area and will provide maximum service to support calls from the area. Antenna Description and Mounting Technique: The proposal consists of nine antennas that will be mounted four feet, four inches apart near the edge of the tower walls. The antennas measure four feet tall and one foot wide. The hose tower will be extended vertically by six feet with a "radio frequency friendly" fiberglass screen painted and textured to match the existing tower siding. All related facility equipment will be installed on the tower roof. The antennas and equipment would be located entirely behind the screen and would not be visible from the exterior. The location of the antennas attached to an existing structure is a preferred location under the Wireless Telecommunications Facilities Ordinance. The proposed antenna siting and mounting techniques are preferred under the Wireless Telecommunications Facilities Ordinance. Height: The maximum building height in the Public Facilities Zoning District is the maximum permitted height of the most restrictive abutting zoning district, which is the Single Family Residential District in the San Tomas Area Neighborhood. The height restriction in this district is 28 feet. Currently the height of the hose tower is 32 feet, and the proposed project will add a six-foot extension, increasing the total height to 38 feet, which exceeds the maximum height by ten feet. However, the Wireless Telecommunications Facility Ordinance allows antenna installations to exceed the height requirement provided that there are no technically feasible installation methods or comparable sites that will allow the height requirement to be met. The applicant has demonstrated that if the location of the antennas were lowered to meet the 28-foot height requirement, the service provided by the antennas would decline to an inoperable state. In addition, the tower is setback 19 feet from the western property line, which provides an additional buffer between the tower and the residential properties to the west. Equipment Cabinets: Six equipment cabinets equipped with telecommunications equipment and a battery will be located in a ground lease area to the west of the fire station. There is a five-foot setback from the western property line. The cabinets will be completely screened from public view Staff Report -- Planning Co...mission Meeting of September 25,200, ~ PLN 2001-64 -- 485 W. Sunnyoaks Avenue Page 3 of 3 by an existing seven-foot high wood fence. A new concrete pad for the cabinets and concrete filled bollards will be installed to prevent damage to the equipment. The cabinets will suppress acoustical noise to a level of 65 dBA at a distance of five feet from the cabinet with the doors closed during times of maximum noise generation. Co-location: Given today's technology, the height and size of the existing tower could not accommodate another telecommunications facility; however, other areas of the site could be utilized for telecommunication facilities. Should another telecommunications provider seek to collocate on this site, each proposal would be reviewed on a case by case basis to assure that the cumulative effect of numerous facilities and supporting structures does not create visual blight or negative impacts on the neighborhood or the delivery of emergency fire and medical services. Parking: The installation of the telecommunication antennas at this location will not have an impact on the necessary parking required for the site, and no additional parking is required for the project. Compatibility: Based on the current proposal, staff finds that the antennas are architecturally integrated with hose tower and finds that the use is compatible with the existing uses and the surrounding area. The facility will not interfere with any City or County Fire emergency service telecommunications facilities transmissions. Maintenance of the site will be performed on a monthly basis during regular business hours. City Council Authorization for Lease Agreement: The City Council approved a resolution on September 4, 2001 that authorized the City Manager to execute a lease agreement with GTE Mobilenet of California (doing business as Verizon Wireless) for the wireless telecommunications facility on City-owned property at 485 W. Sunnyoaks Avenue. The City Council only authorized the lease agreement and did not consider any site and architectural issues or approve any development permits for this project. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of June 26, 2001. The Committee was supportive of the proposed project with the reduction of the size of the proposed upper band. This change is reflected in the revised plans that are attached. Attachments: 1. Findings for Approval of File No. PLN 2001-64 2. Conditions of Approval for File No. PLN 2001-64 3. Exhibits (Site Plan & Elevations) 4. Location Map Prepared by: "DglX'_F,,~ 5~ Darcy Smith, Planner II Approved by: ~/~5,~rv~ ~g-~~ Sharon Fierro, Community Development Director Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN 2001-64 SITE ADDRESS: 485 W. Sunnyoaks APPLICANT: Robert Smith DATE: September 25, 2001 Findings for Approval of a Site and Architectural Review Permit to allow the installation of a wireless telecommunications facili _ty. The Planning Commission finds as follows with regard to File No. PLN 2001-64 Wireless communication facilities are permitted in the P-F Zoning District subject to the approval of a Site and Architectural Review Permit. The proposed project is compatible with the existing building and hose tower by utilizing a screen that hides its appearance. The placement of the antennas behind a fiberglass screen painted and textured to match the hose tower integrates well with the existing use and provides limited visibility of the antennas from public view. The proposed project meets the criteria for a stealth facility and utilizes preferred antenna siting and mounting techniques under the Wireless Telecommunications Facilities Ordinance. The location of the antennas attached to an existing structure is a preferred location under the Wireless Telecommunications Facilities Ordinance. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project is consistent with the General Plan and the Zoning Code. The development and use are compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 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 existing tower is of adequate shape and size to accommodate the stealthing required in order to integrate the telecommunications facility with uses in the surrounding area. .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. PLN 2001-64 SITE ADDRESS: 485 W. Sunnyoaks Avenue APPLICANT: Robert Smith DATE: September 25, 2001 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 Approved Proiect: Approval is granted for a Site and Architectural Review Permit to allow the installation of nine (9) wireless telecommunications antennas mounted on an existing hose tower roof. The hose tower will be extended vertically by six feet with a "radio frequency friendly" fiberglass screen painted and textured to match the existing tower siding. The project utilizes stealth techniques to reduce potential visual impacts. Project approval shall comply with project plans prepared by Delta Groups Engineering, Inc., stamped as received by the Planning Department on July 5, 2001, except as modified herein in the Conditions of Approval. 2. Color and Finish of Antenna Screen: The fiberglass screen shall be painted and textured to match the existing tower. Maintenance of Finish: It is an ongoing obligation of GTE Mobilenet, assignees and successors in interest to maintain the exterior finish of the fiberglass panels in good order. Faded, peeling or damaged paint shall be repainted as soon as practical. Site and Architectural Review Permits Approval Expiration: Within one year from the date of approval, a building permit must be obtained and construction completed one year thereafter or the Site and Architectural Review Permit approval shall be void. Length of Permit Term: This Site and Architectural Review Permit shall expire five years after permit approval, on September 11, 2006. If the use is to continue, the applicant shall apply for additional five-year periods, subject to approval by the Community Development Director. Conditions of Approval --, .arming Commission Meeting of Septemoer 25, 2001 PLN 2001-64 -- 485 W. Sunnyoaks Avenue o Cessation of Operations: The service provider shall provide written notification to the Community Development 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. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Site and Architectural Review Permit and Conditional Use 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, cash deposit, 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. An estimate of the cost of removal shall be provided by GTE Mobilenet for review by the City prior to submittal of security. 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 to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 10. 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. 11. Business License Required: A City Business License shall be obtained for this operation prior to the issuance of a building permit and shall be renewed annually. 12. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets painted to match the structure. 13. Compatibili _ty With City and County Fire Emergency Services: The facility shall not be operated nor caused to transmit on or adjacent to any radio frequencies licensed to the City or County Fire Department for emergency telecommunication services such that the agencies' emergency telecommunications system experience interference. 14. No Interference with Emergency Transmissions: The installation shall not interfere with any City or County Fire Department emergency service telecommunications facilities transmission. Conditions of Approval -- t-,anning Commission Meeting of Septemoer 25, 2001 PLN 2001-64 -- 485 W. Sunnyoaks Avenue 15. 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 to prevent glare on adjacent uses. 16. 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. 17. Noise: The telecommunications facility, including power source, ventilation and cooling facilities, shall not generate noise discernible to a person of normal hearing who occupies the fire station facilities. The noise level on adjacent residential uses shall not exceed an exterior noise level of 65dBA or noise level audible from a residential use with windows and doors closed an interior noise level of 45dBA. 18. 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. 19. Maintenance Hours Restricted in Residential Areas. Normal maintenance activities shall only occur between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday, excluding emergency repairs. 20. 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. 21. Odors: The testing of back-up generators shall not produce odors that adversely affect the public. 22. Safety: 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. 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. 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. Conditions of Approval -- }.~anning Commission Meeting of Septemoer 25, 2001 PLN 2001-64 -- 485 W. Sunnyoaks Avenue 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. As a co-location site, the report shall compare EMR/RF emissions at this location generated by all uses to the limits established by the FCC. The report shall be written in plain English. 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 on the communications equipment cabinet. Building Division 23. 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. 24. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 25. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 26. Structural Drawings and Calculations: Plans shall include appropriate structural details and calculations prepared by California licensed engineer to justify design. 27. Transfer of Structural Loads: Plans shall detail how new rooftop equipment loads are supported and transferred within the existing structure. 28. 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. 29. 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. 30. 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 inches by 36 inches) is available at the Building Division service counter. Conditions of Approval -- Planning Commission Meeting of Septemoer 25, 2001 PLN 2001-64 -- 485 W. Sunnyoaks Avenue 31. Approvals Required: The project requires issuance of the building permit: a. Santa Clara County Fire Department the following agency approval prior to COUNTY FIRE DEPARTMENT 32. The applicant shall submit design details of the containment tray for the battery cabinet to the City Building Division and County Fire Department for review and approval prior to the issuance of the building permit. ITEM NO. 2 °O~cH~gO' PLH 2001-64 Smith~ R. STAFF REPORT - PLANNING COMMISSION MEETING OF SEPTEMBER 11, 2001 Public Hearing to consider the application of Mr. Robert Smith, on behalf of GTE Mobilenet (d.b.a. Verizon Wireless), for approval of a Site and Architectural Review Permit to allow the installation of nine panel antennas and a fiberglass screen on the existing hose tower on property located at 485 W. Sunnyoaks Avenue in a P-F (Public Facilities) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following actions: Adopt a Resolution, incorporating the attached findings, approving a Site and Architectural Review Permit to allow the installation of nine panel antennas and a fiberglass screen, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION This project is categorically exempt under Section 15301 Class 1 (e) of CEQA; therefore, no environmental action is required. PROJECT DATA Net Lot Area: Gross Lot Area: 1.31 acres (57,057 sq. ft.) 1.42 acres (61,739 sq. ft.) Site Utilization Building Coverage: Landscape Coverage: Paving Coverage: Square Feet 8,687 sq. ft. 7,299 sq. ft. 41,077 sq. ft. Percentage 15% 13% 72% Floor Area Ratio: 0.15 Parking Provided: 33 Parking Required: 33 Parking required for this project: None DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Site and Architectural Review Permit to allow the installation of nine panel antennas and a fiberglass screen on the existing hose tower of a Santa Clara County Fire Department fire station located at 485 E. Sunnyoaks Avenue. The antennas will be completely screened from view by a new six-foot high screen to be added to the hose tower. Staff Report -- Planning Commission Meeting of September 11, 2001 PLN 2001-64 -- 485 W. Sunnyoaks Avenue Page 2 of 3 Background: The subject property, the Sunnyoaks Fire Station, is located on the north side of West Sunnyoaks Avenue between Kenneth and Emory avenues. The City-owned site and buildings are leased to the Santa Clara County Fire Department. The original fire station was approved with a Conditional Use Permit in 1968. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Public/ Semi Public. The proposed project is consistent with the General Plan land use designation. Zoning Designation: The zoning designation for the project site is P-F (Public Facilities). Wireless telecommunications facilities are permitted in the P-F zoning district. When the facility meets the requirements for a "stealth" facility it is subject to the approval of a Site and Architectural Review Permit. Use: Verizon Communications, formed by the merger of Bell Atlantic and GTE, is a leading provider of wireless communications services in the United States. The proposed wireless facility will serve an existing demand in the area and will provide maximum service to support calls from the area. Antenna Description and Mounting Technique: The proposal consists of nine antennas that will be mounted four feet, four inches apart near the edge of the tower walls. The antennas measure four feet tall and one foot wide. The hose tower will be extended vertically by six feet with a "radio frequency friendly" fiberglass screen painted and textured to match the existing tower siding. All related facility equipment will be installed on the tower roof. The antennas and equipment would be located entirely behind the screen and would not be visible from the exterior. The location of the antennas attached to an existing structure is a preferred location under the Wireless Telecommunications Facilities Ordinance. The proposed antenna siting and mounting techniques are preferred under the Wireless Telecommunications Facilities Ordinance. Height: The maximum building height in the Public Facilities Zoning District is the maximum permitted height of the most restrictive abutting zoning district, which is the Single Family Residential District in the San Tomas Area Neighborhood. The height restriction in this district is 28 feet. Currently the height of the hose tower is 32 feet, and the proposed project will add a six-foot extension, increasing the total height to 38 feet, which exceeds the maximum height by ten feet. However, the Wireless Telecommunications Facility Ordinance allows antenna installations to exceed the height requirement provided that there are no technically feasible installation methods or comparable sites that will allow the height requirement to be met. The applicant has demonstrated that if the location of the antennas were lowered to meet the 28-foot height requirement, the service provided by the antennas would decline to an inoperable state. In addition, the tower is setback 19 feet from the western property line, which provides an additional buffer between the tower and the residential properties to the west. Staff Report -- Planning commission Meeting of September 11, 2001 ' PLN 2001-64 -- 485 W. Sunnyoaks Avenue Page 3 of 3 Equipment Cabinets: Six equipment cabinets equipped with telecommunications equipment and a battery will be located in a ground lease area to the west of the fire station. There is a five-foot setback from the westem property line. The cabinets will be completely screened from public view by an existing seven-foot high wood fence. A new concrete pad for the cabinets and concrete filled bollards will be installed to prevent damage to the equipment. The cabinets will suppress acoustical noise to a level of 65 dBA at a distance of five feet from the cabinet with the doors closed during times of maximum noise generation. Co-location: Given today's technology, the height and size of the existing tower could not accommodate another telecommunications facility; however, other areas of the site could be utilized for telecommunication facilities. Should another telecommunications provider seek to collocate on this site, each proposal would be reviewed on a case by case basis to assure that the cumulative effect of numerous facilities and supporting structures does not create visual blight or negative impacts on the neighborhood or the delivery of emergency fire and medical services. Parking: The installation of the telecommunication antennas at this location will not have an impact on the necessary parking required for the site, and no additional parking is required for the project. Compatibility: Based on the current proposal, staff finds that the antennas are architecturally integrated with hose tower and finds that the use is compatible with the existing uses and the surrounding area. The facility will not interfere with any City or County Fire emergency service telecommunications facilities transmissions. Maintenance of the site will be performed on a monthly basis during regular business hours. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of June 26, 2001. The Committee was supportive of the proposed project with the reduction of the size of the proposed upper band. This change is reflected in the revised plans that are attached. Attachments: 1. Findings for Approval of File No. PLN 2001-64 2. Conditions of Approval for File No. PLN 2001-64 3. Exhibits (Site Plan & Elevations) 4. Location Map Prepared by: Approved by: Darcy Sn~th, Planner-II Sfi~ron Fierro, Community Development Director Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN 2001-64 SITE ADDRESS: 485 W. Sunnyoaks APPLICANT: Robert Smith DATE: September 11, 2001 Findings for Approval of a Site and Architectural Review Permit to allow the installation of a wireless telecommunications facility. The Planning Commission finds as follows with regard to File No. PLN 2001-64 o ° Wireless communication facilities are permitted in the P-F Zoning District subject to the approval of a Site and Architectural Review Permit. The proposed project is compatible with the existing building and hose tower by utilizing a screen that hides its appearance. The placement of the antennas behind a fiberglass screen painted and textured to match the hose tower integrates well with the existing use and provides limited visibility of the antennas from public view. The proposed project meets the criteria for a stealth facility and utilizes preferred antenna siting and mounting techniques under the Wireless Telecommunications Facilities Ordinance. The location of the antennas attached to an existing structure is a preferred location under the Wireless Telecommunications Facilities Ordinance. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project is consistent with the General Plan and the Zoning Code. The development and use are compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 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 existing tower is of adequate shape and size to accommodate the stealthing required in order to integrate the telecommunications facility with uses in the surrounding area. 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. PLN 2001-64 SITE ADDRESS: 485 W. Sunnyoaks APPLICANT: Robert Smith DATE: September 11, 2001 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 Approved Project: Approval is granted for a Site and Architectural Review Permit to allow the installation of nine (9) wireless telecommunications antennas mounted on an existing hose tower roof. The hose tower will be extended ve~ically by six feet with a "radio frequency friendly" fiberglass screen painted and textured to match the existing tower siding. The project utilizes stealth techniques to reduce potential visual impacts. Project approval shall comply with project plans prepared by Delta Groups Engineering, Inc., stamped as received by the Planning Department on July 5, 2001, except as modified herein in the Conditions of Approval. 2. Color and Finish of Antenna Screen: The fiberglass screen shall be painted and textured to match the existing tower. o Maintenance of Finish: It is an ongoing obligation of GTE Mobilenet, assignees and successors in interest to maintain the exterior finish of the fiberglass panels in good order. Faded, peeling or damaged paint shall be repainted as soon as practical. Site and Architectural Review Permits Approval Expiration: Within one year from the date of approval, a building permit must be obtained and construction completed one year thereafter or the Site and Architectural Review Permit approval shall be void. ° Length of Permit Term: This Site and Architectural Review Permit shall expire five years after permit approval, on September 11, 2006. If the use is to continue, the applicant shall apply for additional five-year periods, subject to approval by the Community Development Director. Conditions of Approval -- Planning Commission Meeting of September 11, 2001 PLN 2001-64 -- 485 W. Sunnyoaks Avenue o 10. 11. 12. 13. 14. Cessation of Operations: The service provider shall provide written notification to the Community Development 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. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Site and Architectural Review Permit and Conditional Use 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, cash deposit, 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. An estimate of the cost of removal shall be provided by GTE Mobilenet for review by the City prior to submittal of security. 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 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: A City Business License shall be obtained for this operation prior to the issuance of a building permit and shall be renewed 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 and County Fire Emergency Services: The facility shall not be operated nor caused to transmit on or adjacent to any radio frequencies licensed to the City or County Fire Department for emergency telecommunication services such that the agencies' emergency telecommunications system experience interference. No Interference with Emergency Transmissions: The installation shall not interfere with any City or County Fire Department emergency service telecommunications facilities transmission. Conditions of Approval -- Planning Commission Meeting of September 11, 2001 PLN 2001-64 -- 485 W. Sunnyoaks Avenue 15. 16. 17. 18. 19. 20. 21. 22. 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 to prevent glare on adjacent uses. 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 telecommunications facility, including power source, ventilation and cooling facilities, shall not generate noise discernible to a person of normal heating who occupies the fire station facilities. The noise level on adjacent residential uses shall not exceed an exterior noise level of 65dBA or noise level audible from a residential use with windows and doors closed an interior noise level of 45dBA. 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. Maintenance Hours Restricted in Residential Areas. Normal maintenance activities shall only occur between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday, excluding emergency repairs. 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. SafeW: 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. 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. 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 Conditions of Approval -- Planning Commission Meeting of September 11, 2001 PLN 2001-64 -- 485 W. Sunnyoaks Avenue 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. As a co-location site, the report shall compare EMR/RF emissions at this location generated by all uses to the limits established by the FCC. The report shall be written in plain English. 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 on the communications equipment cabinet. Buildim, Division 23. 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. 24. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 25. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 26. Structural Drawings and Calculations: Plans shall include appropriate structural details and calculations prepared by California licensed engineer to justify design. 27. Transfer of Structural Loads: Plans shall detail how new rooftop equipment loads are supported and transferred within the existing structure. 28. 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. 29. 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. Conditions of Approval -- Planning Commission Meeting of September 11, 2001 PLN 2001-64 -- 485 W. Sunnyoaks Avenue 30. 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 inches by 36 inches) is available at the Building Division service counter. 31. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department COUNTY FIRE DEPARTMENT 32. The applicant shall submit design details of the contaiment tray for the battery cabinet to the City Building Division and County Fire Department for review and approval prior to the issuance of the building permit. CITY OF CAMPBELL Community Development Department - Current Planning September 14, 2001 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, September 25, 2001, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Robert E. Smith, on behalf of Verizon Wireless, for a Site and Architectural Review Permit Approval (PLN2001-64) to allow the construction of a wireless antenna facility on the tower of the Sunnyoaks Fire Station on property located at 485 W. Snnnyoaks Avenue in a P-F (Public Facilities) Zoning District. This project is Categorically Exempt. 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. PLN2001-64 Address: 485 W. Sunnyoaks Avenue 70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 · FaX 408.866.8381 · TDD 408.866.2790 To: From; D ate: Subject: MEMORANDUM Darcy Smith P~I}n~II Jai~ms!ey D~aty City Clerk September 6, 2001 Authorization for the City Manager to Execute a Lease Agreement with GTE Mobilenet (dba Verizon Wireless) for a Wireless Telecommunications Facility on City-owned property at 485 W. Surmyoaks Avenue At the regular meeting of September 4, 2001, the City Council adopted Resolution No. 9918 authorizing the City Manager to execute a Lease Agreement with GTE Mobilenet of California (dba Verizon Wireless) for a wireless telecommunications facility on City- owned property at 485 W. Sunnyoaks Avenue. A certified copy of this Resolution is attached for your records. Would you please obtain all required and necessary signatUres to this Agreement, and accompanying documents, and forward a fully executed original to this office at your earliest convenience. RESOLUTION NO. 9918 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH GTE MOBILENET FOR A WIRELESS TELECOMMUNICATIONS FACILITY ON CITY-OWNED PROPERTY AT 485 W. SUNNYOAKS AVENUE. WHEREAS; the City of Campbell was approached by GTE Mobilenet of California (doing business as Verizon Wireless) for a lease agreement for a wireless telecommunications facility at 485 W. Sunnyoaks Avenue in January 2001. WHEREAS; The City-owned site and buildings, the Sunnyoaks Fire Station, are leased to the Santa Clara County Fire Department. WHEREAS; Potential lease terms have been negotiated and City staff believes that the recommendation represents a fair deal based on comparable leases by private property owners. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby authorizes the City Manager to execute a Lease Agreement with GTE Mobilenet for a wireless telecommunications facility on City-owned property at 485 W. Sunnyoaks Avenue. PASSED AND ADOPTED, this 4th vote: day of September , 2001 by the following roll call AYES: NOES: ABSTAIN: ABSENTJ' COUNCILMEMBERS: COUNCILMEMBERS: CO UNCILMEMBERS: CO UNCILMEMBERS: ATTEST: C/'''- ~" ~':: " ' Anne Bybee, City Clerk Furtado, Kennedy, Burr, Watson, Dean None None None APPROVED.'~,~~. {~hew Dean, Mayor T.__u..~ FOREGOt'qG INSTRDM~NT tS A TRI. J~ AND CORRSCT COP'" 0¢ THE ~IQIN~ ~ FILE IN ~[-tl8 OFFiCe. ~ST: A~'~ ~'-~ C~ Ct ERK, C~ 12. Authorize Public Works Director to Execute Agreement with Santa Clara County for Los Gatos Creek Master Plan (Resolution/Roll Call Vote) Resolution 9917 authorizes the Public Works Director to execute a Funding Agreement with County of Santa Clara to develop a Master Plan for Los Gatos Creek County Park and authorizes the Public Works Director to negotiate and execute an Agreement with Dillingham and Associates for preparation of the Master Plan for a not-to-exceed amount of $50,000. 13. Authorization for the City Manager to Execute a Lease Agreement with GTE Mobilenet (d.b.a. Verizon Wireless) for a Wireless Telecommunications Facility on City-owned Property at 485 W. Sunnyoaks Avenue (Resolution/Roll Call Vote) Resolution 9918 authorizes the City Manager to execute a Lease Agreement with GTE Mobilenet for a wireless telecommunications facility on city-owned property at 485 W. Sunnyoaks Avenue. 14. Authorize the Mayor to Execute an Agreement with San Jose/Evergreen Community College District for Flu Shots to Senior Citizens (Resolution/Roll Call Vote) Resolution 9919 authorizes the Mayor to execute an Agreement with San Jose/Evergreen Community College District for flu shots to senior citizens. 15. Authorize the Mayor to Execute an Amendment to the Agreement with Santa Clara County for Senior Nutrition Services for the Fiscal Year 2001-02 (Resolution/Roll Call Vote) Resolution 9920 authorizes the Mayor to execute an Amendment to the Agreement with Santa Clara County for Senior Nutrition Services for the fiscal year 2001-02. 16. Authorization to Purchase Materials, Supplies and Equipment through the State of California (Resolution/Roll Call Vote) Resolution 9921 authorizes the City to purchase materials, supplies and equipment through the Office of Procurement, Department of General Services of the State of California. 17. Approval of Modified Hours of Work for the Public Works Department Maintenance Division This action approves a revised standard work day for the Public Works Maintenance Division of 7:00 a.m. to 3:30 p.m. Minutes of 9/4/2001 City Council Meeting 4 Council Report ITEM NO.: CATEGORY: MEETING DATE: 13. Consent September 4, 2001 TITLE: Authorization for the City Manager to Execute a Lease Agreement with GTE Mobilenet (d.b.n. Verizon Wireless) for a Wireless Telecommunications Facility on City-owned Property at 485 W. Sunnyoaks Avenue. RECOMMENDATION That the City Council Adopt a Resolution Authorizing the City Manager to execute a lease agreement with GTE Mobilenet of California (doing business as Verizon Wireless) for a wireless telecommunications facility on City-owned property at 485 W. Sunnyoaks Avenue. BACKGROUND City staff was approached by GTE Mobilenet of California (doing business as Verizon Wireless) for a lease agreement for a wireless telecommunications facility at 485 W. Sunnyoaks Avenue in January 2001. The City-owned site and buildings, the Sunnyoaks Fire Station, are leased to the Santa Clara County Fire Department. Potential lease terms have been negotiated and City staff believes that the recommendation below represents a fair deal based on comparable leases by private property owners. DISCUSSION The proposed lease is a five-year lease agreement that will be automatically extended for four additional five-year terms, unless the City terminates it at the end of the current term. The annual lease amount will start at $21,600 and will be increased four percent annually to account for inflation. The total payments over the maximmn 25-year lease period totals nearly $900,000. The annual payments for the full 25-year period are shown in the following table. Proposed Lease Terms for GTE Mobilenet Lease A_~reement at 485 W. Sunnyoaks Ave. 1st Term 2nd Term 3rd Term 4th Term $th Term 25-_year Total 1st Year $21,600 $ 26,280 $31,973 $38,900 $ 47,328 2nd Year $22,464 $27,331 $33,252 $40,456 $ 49,221 3rd Year $23,363 $28,424 $34,582 $42,075 $ 51,190 4th Year $24,297 $29,561 $35,966 $43,758 $ 53,238 5th Year $25.269 $30.744 $37.404 $45.50~ $ 55,367 [TOTAL $116.993 $142.339 $173.178 S210.697 S256.345 ~899~52~:':' The proposed lease includes the space necessary for nine antennas and a cable tray on the hose tower, a 214 square foot ground area for equipment cabinets, and the fight for ingress/egress. The proposed telecommunications facility will be completely screened from visibility from the public right-of-way. The existing hose tower will be extended six feet with a radio frequency- friendly fiberglass material that is textured and painted to match the existing hose tower. City Council Report - September 4, 2001 Authorization for Execution of Lease Agreement with GTE Mobil~et Page 2 Given today's technology, the height and size of the existing tower could not accommodate another telecommunications facility; however, other areas of the site could be utilized for telecommunication facilities. Should the City be approached by other telecommunications providers, each proposal would be reviewed on a ease by ease basis to assure there would be no negative impacts on the neighborhood and the delivery of emergency fire and medical services. The Santa Clara County Fire Department Support Services Chief has reviewed the proposed plans and agrees to the proposed project. The proposed telecommunication facility will not result in any disruptions to the Fire Department operations at this station. FISCAL IMPACTS The proposed lease agreement with GTE Mobilenet will have positive fiscal impacts since the total 25-year lease period will result in payments to the City of nearly $900,000. The costs to the City only include the staff time required to negotiate and review the lease agreement, which consists of approximately twenty hours by the City Attorney and Senior Planner. ALTERNATIVES 1. Modify the scope or terms of the lease agreement. 2. Do not authorize the execution of a lease agreement. 1. Resolution 2. Lease Agreement PREPARED BY: ~)~"g'~ ~t~ Darcy Smith, Planner H REVIEWED BY: ~ Sharon Fierro, Community Development Director APPROVED BY:~ ny, City Manager Attaohment #! RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH GTE MOBILENET FOR A WIRELESS TELECOMMUNICATIONS FACILITY ON CITY-OWNED PROPERTY AT 485 W. SUNNYOAKS AVENUE. WHEREAS; the City of Campbell was approached by GTE Mobilenet of California (doing business as Verizon Wireless) for a lease agreement for a wireless telecommunications facility at 485 W. Sunnyoaks Avenue in Sanuary 2001. WHEREAS; The City-owned site and buildings, the Sunnyoaks Fire Station, are leased to the Santa Clara County Fire Department. WHEREAS; Potential lease terms have been negotiated and City staff believes that the recommendation represents a fair deal based on comparable leases by private property owners. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby authorizes the City Manager to execute a Lease Agreement with GTE Mobilenet for a wireless telecommunications facility on City-owned property at 485 W. Sunnyoaks Avenue. PASSED AND ADOPTED, this vote: day of ,2001 by the following roll call AYES: NOES: ABST.MN: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCIl.MEMBERS: ATTEST: Anne Bybee, City Clerk APPROVED: Matthew Dean, Mayor Attachment #2 DOC~ 07-22-96(5) Rev. 11/17/98 Burrow~/~ 17748 LEASE AGREEMENT This Lease Agreement 0hia "Agreement") is mnde this day of ,2001, (the "Eff~ Date") by nnd between the City of Cnm.doeH he~_'n~Rer designated LESSOR nmi GTE Mobilnet of California Limited Parmership d/b/a Verizon Wireless, with its principal offices located at 180 Wn-nhlngton Valley Road, Bedminster, New Jersey, 07921, hol~nnJ~er d~iigl3~ed LESSEE. LESSOR nmi LESSEE are at times collectively referred to hereinnPter as the "Parties" or individtlally as the "Par~. LESSOR is the owner of that cel~nin ~ property located at 485 W. S~mnyoaks Av~lRle, in the City Of Campbell, County of Santa Clara, State of California. as shown on the Tnx Map of the City of Ca_?bell as APN: 404-30-017 Office of the County Recorder or the Office of the County Assessor of ~ntn Clara County and ns more fully described on Exlu'bit "A' hereto (the entirety of LESSOR's property is nfferred to ImelnnO. er as the "Property'). LESSEE desires to lease a portion of said Property (hereinafter referred to ns the '~mi~e~"), with atx:ess rights thereto, ~ontnini~g approxi~ate~ 18'-3" x 10'-9' feet of ground space and ce~nin LESSOR's Antenna_ Tower located upon the Property ns substamially shown on Exhibit "B' attacbed hereto .and made a part hereof. AgRE~M'~NT NOW, THEREFORE, for and in consideration of the Premises and the parties mutual ptmnises, the Parties agree as follows: 1. PREMISES. LESSOR hereby leases to LESSEE the Prmnises, which lease righ~ include the non-exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the il~nllntion ~ mnlntellali~ of lltility wiles, poles, ~bles, conduits, and pipes o~r, under, or along a twelve foot (12') wide right-of-way mending fxom the nearest public rigid-of-way, Sunnyoaks Avenue, to the Premises n~nd_ an ~iditiotlal ~ foot (5') rightofway extending flora the front of the improvements located upon the Property to the ground ~ portion of the Premi~ said Premises and rights-of- way for access being substantially as descn'bed herein in Exhibit *B" anached he~elo and made a part hereof. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to sureey the Property and the Premises. Cost for such work ~hal! be borne by LESSEE. 3. TERM. This Agreement shaH be effective as of the date of execution by both ~ provided, however, the initial term shall be for five (5) years and ,lmll ~ommc-~:e on the Comme~ Date (ns bereirmfter defined) at which time tenth! payments will be due at an annual L~ntnl of ~-ON~ THOUSAND SIX HUNDRED Dollars ($21,600.00) to be paid in equal illOnthly installments on the first day of the month, in ndvance, to the CITY OF CAMPB~.I.. or to such other person, finn or place as LESSOR may, from lime to time, designate in writing at least thirty (30) days in advance of any ~x~_ tn! payment dale. The Commencement Date is ~ ns the first (lst) day of the month following the date this Agt~-ment is execu~ by the Parties or the first (lst) day of the month following the date LESSOR is grnm~ a building permit by the governmental agency charged with isst~ng such permits, whichever event occurs last." 4. EXTENSIONS. This Agreemem shall automatically be extended for fou~ (4) additional five (5) year terms unless LESSEE terminate~ it at the emd of the th~ currm~ ~ by ~ LESSOR written notice of the intent to m'minate at least s~x (6) months prior to lhe end of the then current term. 5. ANNUAL RENT AD~STMENTS. Commencing on the lust nnnHal anniVerSaXy of the Commencement Date, and for each nnnllal nnnivel~ty there~ (ill~loding Extellsions ~ ]NiPagraph 4 of this Agreement). annual rental _~nH be equal to 104% of the ,mnual rent paid during the immediately pre. ding rent year. 6. ADDITIONAl,, EXTi~$ION$. If at the end of the fourth (4th) five (5) year e,x~dAn m'm lhi,s Agreement has not been termin~tt~d by ~ither ~ by givillg to the other writtell nofic~ of all tntetltion to terminat~ it at least six (6) months prior to the ~,t of such ~erm, this Agreemem ~hnll gOiltin~ in ~ ll~on th~ same c0ve,mntS, terms and conditions for a fiuther term of five (5) years ami for five (5) year terms theumfter until terminated by either Party by giving to tile other written noti~ of its intemion to so t~rminnte at leszt six (6) months prior to the end of such temt Annual rep_ t~l for each such additional five (~) year term ~haH be equal to 115% Of the nnnual ~n!n_! parle with req~ to the immediately pr~ed~__g five ($) year term. The prox4slo~ of paragraph 5 of this Agreexm~ ~haJl not 8ppty to any such additional extensions set forth in this paragraph 6. 7. USE: GOVERNMENTAL APPROVAL$. LESSEE ~hM! u~e the l~emises for the lmrpose of cox~tructin~ nmimsining ~ old'rating a ~nmunicatiom facility .nd ~ incidem~! and all mce~ary ~l~'tenznges. All improvements shall be at LESSEE's expense and the insfsll~60n Of all in?~ ~hall be at the discretion and option of LESSEE. LESSI~ ~ha'l] have the right to replace, ~epair, add or otherwise modify its equipment or any portion thercot~ wheth~ the equipment is specified or not on any exhibit atutched hereto, during the term of this Agreement. LESSEE will maintain the Premi.~s in a good Oondition temonable wear and tear excited. LESSOR will maintain thc Property, ex~lBdin~ the Premises, in [good goBdition, tzasonable wear and tear excepted. It is understood and agreed that LESSEE's ability to use the Premises is comln_oent upon its obtaining after the execution date of thi.~ ~nt all of the certificates, permits and other appmvnh that may be required by any Federal, State or Local authorities as well as sa~.~-'~ory soil boring tests which will permit LESSEE use of the Premices as set forth above. LESSOR ,hall cooperate with LESSEE in its effort to obtain such approx~ds and ghall take no action which would adversely affect the status of the Property with teq~'t to the proposed use by LESSEE. Notwithstanding anythinE Comain,,d herdn to the contrary, noihlns ~e~ ~ in ~ Lease Agreement shah be construed as a limital/on on thc City of ~'s discretion to deny or cotzlfn~ any and all permits, certificates, licenses or approvals required by the City of Campbell for ~'s use of tl~ Property, provided such denial or condition is made in good faith. In the event that any of such applications should be finally rejected or any certificate, permit, licenso or approval issxled to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by goverl~entnl authority or soil boriag tests ar~ found to be unsatisfactory so thn, LESSEE in its sole discretion will be ,nat,lc to use the Property for its intended purposes or LESSEE determines that the Premises is no longer techitic~lly compatfolc for its imend~ use, LESSEE shah have the right to terminnte_ thig Agreement. Notice of LESSEE*s exercise of its right to t~-6,1nnte ~hall be given to LESSOR in writin~ by certified mail, retRlrll rez~pt requested, and shall be effective upon thc m,qilin~ Of such notice by LESSEE. AH pmtnl~ paid to said terminntio~ date shnl! be r~nine~! by LESSOR. Upon ~,Wh terminatiort, this Agreement ~ become null and void and all the Parties ,hall haw I~o farth~ obli~ltions including the payment of money, to each other. S. tNDEMNH~CATION. LESSEE ,Ahnll indemnify, defend and hold LESSOR, the City of ~ Redevelopment Agency nnd their otfice~, agen~ employees, volunteers and aRorneys harmless n~in~ ally claim of liability or loss from l~rson~l injury or property damage resulting from or ariMng out of the use and occupancy of the Plvmiges or the Property by the other Party its servams or ageing, exc~pti~, however, such claims or damages as may be due to or caused by the negligence or willful misconduct of LESSOR, its serva-t~. agents, employees, invitees or licensees. 9. INSURANCE. LESSOR and LESSEE agree that at its own ~ and expense, LESSEE will mainfain comprehendve general liability and prowrU liability insuraa~ with !in~b~ty limits of not le~ fhan $3,000,000.00, combii~d ~ingle limit, for injlLey to or death of olle or ~ ~ in ~ o!~ ~ mad $5,000,000.00 for damage or desuacfion to property in any one occurrence. LESSOR agre~ ~hat mc.h immanoe LESSEE's insurance obligations may be ~i~ficd under LESSEE's blanket policies ofinmmm~ The insurnnce shzll meet the following specifications: X-Explosion, C - Coll ~npse, U - Undcqpmmd. C.~?bell Redevelopment Agency, ils office~ ~ployms, and vohmtet~s. A~ im'tmmc~ or ~lf-insumnc~ nmintuined by the CIO/, City of Camp~ll Rtdev~lopmmI Agency, ils otfu:e~ m~t)loye~ or vol~ ~h.ll be CXC~$,S ofth~ Con~dtnnt_'S ~ s~d Idmll_ llOt (~lltribU~ with it. ¢. LESSOR'i ~ .4..~H appI~ stl:ltra~~ to tach illStll'ed II~in~t whom ¢lnim is Inad~ or suit is brought exce~ with respect to the limits of the insurer's liability. f. The insurance policy required by this clause .,.,.,.,.,.,.,.,.r~, be endors~l to stat that cowra~ shrill not be suspcnck~ voided, canceled by eith~ party, red,_,__ced in coverage or in limiL~ ~xcept afl~ thirt~ (30) days prior wri~en notice has been given to LESSOR. g. Without limiting LESSEE's indemnification provided he.-in, LESSEE .~hnll take out nad mnintnin at aH times during the life of this Lease, ~he required policies of insurance with insurers with an AVII rating or better as set forth in the latest edition of'Bests K~ Rating Guide, published by A.M. Best." h. Coverage ~h,ll be at least as broad ~s ~ provi&xl m~tler Insta'ance Services ~ Form ISO CG 0001 (Ed. 1/~7). 10. WORKER'S COMPENSATION INSURANCE, Worker's Compensagon insurance ~-hnl! be mnintained by LESSEE during the life of lhe Lease to comply with statutory limits for aH employees, and in the case an), work is sublet, LESSEE shnll require the subcontractors slmilnrly I0 provide workers' compensation insurance for all the latter's employees unless such empl~ a~ covered by the protection afforded by LESSEE. Redevelopment LESSEE. The insurer shah agree to waive all rights of subrogation agninst LESSOR, City of Ca ,mpbell Agency, its officials, employees, and volun*_eers for 1~__~__ nrising from wodt lx~rfonned by 11. VERIFICATION OF COVERAGE LESSEE shall furnish LESSOR with certificates of insuranc~ evidencing ~overage roquired by the L~ase on an Ac~c~d 25-$ form or sub~ntinHy ~imii.r form issued 12. ANN~AL TERMinATION. Notwitt~n.-dlng nny~hlng Io the oontra~ff ~ ~ provided LESSEE is not in default hereund~ and ~hnll lmve pltid nil ~ and sum, due lind payable ~o LESSOR by LESSEE, LESSEE shah have the right to I~rminate thi~ ~ upon the Annual nnniv~l~ial~ Of' this Agreement provided that three (3) m,~*h, prior nmioe is given LESSOR. 13. I~KI~N~. LESSOR agrees that LESSOR hint/or imy oth~ temmts of the Pmpe~ wire currently have or in tl~ futt~ take possession of the Property will be l~nlnitted to install only such radio equipment that is of the type and frequency which will not muse mensm'n~e interf~-n~ with ~ existing equipment of LESSEE. TI~ Pm-ties acknowledge ~ there will not be an adequate remedy at law for non- compliance with the provisions of this paragraph and therefore, LESSEE ~hn~! have the right to specitica~ enforce the provisions of this paragraph in a eoun of cotnpetent jurisdiction. Notxvilhstnnding the foregoing or nny other provision of this Agreement, if the interf~ is atm'butablc to a chnnge or addition to the equipment used by LESSOR in connection with its public safety communications systems, LESSOR shall cooperate with LESSEE, in for a breach of ,hi~ paragraph 13 with regards to interference by LESSOR _~hn~l be to terminnte this Agfee~t Notice of LESSEE's tefminnfion shall be given to LESSOR in wrjtin~ by ~e/fified mail. ~ receipt foqHested, ~ ~hnll be effective upon the m.qilin_,~ of such notice by LESSEE. Upon such termination, thi_~ Agre~lnent M~nll become null and void and aH the Parties .thrill ~ no ~ obli~JOllS including the payment of money, to ench 14. COLLOCATION. LESSEE ncknowledges that LESSOR may elect to emer into ngreements with other wireless telecommunications operators, ~nd ;ha; LESSEE may be required to _~l~_r~ ce~_nln common facilities with such operators. It is the intent of LESSOR to consolidate and coordinate all such wireless telecommHnicatioRs facilities at the ~ in a logical manner in order to mnximiTe ~ of Kpa~ ~ minimb,~ the impact (visual and otherwise) of wireless l~le~mmmni~alions equipment and antennas. LESSEE agrees to reasonably cooperate with the other wireless tolooommHlfilaition~ o~'ators ~ LESSOR to ~oord/llato ~fii:/ei~t collocation of equipmem ri_nd antennn-~ nru4 tO pfoIHpOy t~OIV~ ~ ~ ~ thai ~ ~ dug ~o t[~ presence of multiple operators, subject to the provisions of paragraph 13 of !hl, Lease. LESSEE ~hn!! op6Tate w~lhin FCC approved frequencies 8nd shall not mnterial~ niter the aatufo of rise of traditions, or othexwise unreasonably interfere with the operations of any other wireless telooomm~mioations operators on the PfOpelYy. Notwithstanding atlything to the contrary set forth in thi.~ ~ LESSOR agrees that LESSF..E .~hall have exclusiv~ possession of the ground space portion of the Premises during the term of this Lease and any extensions thereof. In addition, in the event of an), Collocation, neither LESSOR nor any other lessee shn~ interference with LESSEE's antennas as located upon LESSOR's Antenna Tower. 15. REMOVAL UPON TERMINATIQN. LESSEE, upon termination of the A~rmnnemt, _~hnll. within ninety (90) days, remove its building(s), antennn structure(s) (except footing.~), fixtm~ and all personal property, and otherwise restore the Pwperty to its original condition, reasonable wear and tear excepted, ff such time for removal causes LESSEE to remain on the Property after termination ofthis Agreemen~ LESSEE shnll pay rem at the then existing monthly rate or on the existing monthly pro-ratn basis if based upon a longer payment term, until such time as the removal of the building, antonnn ~, ~ nnd aH per~nnl pfop6Tty are completed. 16. RIGHTS UPON SALE. Should LESSOR, at any 6me during the term of thi~ Agreement, decide to sell aH or any part of the Property to a purc~ other than LESSEE, such sale ~hn!! be under and subject to this Agreement and LESSEE's tights hereunder, and any sale by LESSOR of the portion of this Pwperty underlying the right-of-way herein ~anted shnll be under a_nd_ subject to the right of LESSEE in and to such fight-of-way. 17. QUIET EN~IQyMENT. LESSOR covenn-ts ~bat LESSEE, on paying rent and performing the covenants shall pea~ably and quietly have, hold and enjoy the Premises. 18. TITLE. LESSOR covenam~ thnt LESSOR is seized of good nna sa~fflcient title nnd interest to ~ Property and has full authority to enter into and execute this Agreement. LESSOR further covennm* t_hn~ there am no other liens, jud~t, me_nts or i?ediments of title on the Property, or affecting LESSOR's title to the same nntl that there are no covenants, easements or restrictions which ptr~-~t the use of the Premises by LESSEE as s~t forth 19. 12xrrEGRATION. It is agreed and --derstood thnt this Agreement compri, ali agreemex~ promises and underVnnaings between LESSOR and LESSEE and t_~_ no vzMml or oral agreemem~ promises or and an), addition, variation or modification to this Agmm~t shn!! be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is fonnd tO be invalid or unenforceable, such finding shall not effe~'t the validity and enforceability of the remaining provisions of this Agmeme~ The failure of either Pa~ty to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shah not waive such righ~ and such Party .I~H have the right to enforce such rights at any time and ~ake such aclion as may be lawful and authorized under this Agreement, either in law or in equity. 20. GOVERNIN0 LAW. This Agreement and the performance tlmmof ~h~ll be governed, interpreted, construed and ~gnlated by the hws of the S~ate in which the Property is located. 21. A~$IGNMENT. This Agreement may be sold, _~_~j'gned or tr~n~-rred by LESSEE without any approval or consent of LESSOR to LESSEE's principal, affiliates, subsidiaries of its principal; to any entity which acquires all or substantially all of LESSEE's assets in the ,~rket defined by the Federal Communications Commission in which thc Property is located by reason of a merger, acq~i~ion or oiber business reo~Aniz~fion; or to any entity which acquires or receives an imerest in the majority of (~i~mm!micatiOll toWerS of LESSE~ ill the nmrk~t d~ by thc Fcderfll ~ Commi.~i~l ill which t~ ~ is located. As to other parties, this Al~eemem may not be sold, assif~ned or tr~n~qferred without the written consent of LESSOR, which such consent will not be uareason~ly withheld or delayed. LESS]~ may sublet the Prunises w~hin its sole discretion, upon notice to LESSOR. Any sublease *)m_* is entered into by LESSEE ~h~ll be subject to the provisions of this parties hereto. 22. ~RENCE. LESSEE agrees to have inslalled radio equipment of the type and frequen~ which will not cause inter~'erence tO LESSOR, or ot~ (RllTent lessces of the Properly. In the mmm LESSEE's equipmcm causes such im~ce, and after LESSOR has notified LESSEE of such interference pursuant to thi.~ Lease, LESSEE will take ali st~ps n~_~ to correct and ellmln~te the interferellce within thirly (30) days of said notice. LESSOR acknowledges that interference may come from diffe~mt sources, ~_nd LESSEE shall only be responsible to correct interference caused by LESSEE's equipmenL In the event LESSEE f~ils to so corro~ ~ll~h interference after said notice and time period, LESSEE ~.11 be in default ,rider this A~roe~"lR. LESSOR agrees that LESSOR and/or any future tenants of the Property will be permitted to install only ~u~h radio equip~ that is of the type and frequency which will not cause interference to LESSEE. LESSOR further agrees that the current relents will only be permitted to install additiollal equipmelH that is of a type and ~ whi~,ql will ~ cause interference to LESSEE. However, LESSOR shsil not be ~ tO bril~ ~ legal action ~ the interfering tenant. Nothing in this paragraph or Loase shall be deemed to limit LESSEE'$ right of aotion ~o~in~ the interfering tenant. 23. NOTICES. All notices hereunder mv~ be in writing and shall be deemed validly given ifseni by certified m~il~ retorll receipt requested or by commercial courier, provided the couriers ~ IRlsilleSS is delive~ service and provided further that it guarantees delivery to the addressee by the end of the nexl b~siness day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designsted to the se~l~ ~? by tike_ notice): LESSOR: LESSEE: GTE Mobiinet of Calif~ ~ Pannership d/b/a Verizon Wireless lSO Washington ValL--y Road Bedmin~b~r, New Jersey 07921 Attention: Network ~ F.~ate Notice shall be effective upon actual receipt or ~ as shown on the receipt obmlned pursuanl ~o the foregoing. 24. SUCCESSORS. This Agreen~nl shnH exlend to and bind the heirs, per~nnl tepresm~ successors and assigns of the Parties bereto. 2~. SUBORDINATION AND NQN-DISTURBAN(~E. At LESSOR's option, this Agreemem ~hnll be subordinate to any mortgnge interesl or other security interest by LESSOR which from lime to time may ~ shall recognize the validity of ~ ~m in tbe ~ of a fo~cl~ttre of LESSOR's intere~ and also LESSE~'s right to remnin ill O~ of n_nd_ ~ ~ m lh~ ~ aS long as LF, SSEE is not in default of subordination clause. In the event the Property is enc~m_hered by a mortgage or other security interest or oth~ security interest. LESSOR immediately after this Agreement is executed, will O~nln and furnish to LESSEE. a non-disturbance agreement for each such mortgage or other security interest or other security interest in reconlable LESSOR's default and ulxm doing so. LESSEE shrill be subrogated to any and all rights, goes. liens nu4 zquities of the holders of such mortgage or security interest and LESSEE shn, be entitled to dedua and setofl'against nH 26. RECORDING. LESSOR agrees to ~ a Memornnd_-m of this Lease Agt~.ment which LESSEE ~y reco~ wi~ tl~ appropriate Recording Offger. The date set forth in the Metnmandum of Lease is for recording purposes only and bears no reference to oo~ttm~em~t of either term or rent payments. 27. DEFAULT. In the event there is a default by LESSEE with respect to nny of the provisio~ of this Agreement or its obligations under it, including the payment of ~nt, LESSOR ~d~ll give LESSEE written notice of such default. After receipt of such written notice, LESSEE ,hnli have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary deflmlt, provided LES~ shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such thai it reasonably requires more fhnn thirt~ (30) days and LESSEE commences the cure wifhin the thirty (30) tiny period and thereafter continuously nnd diligently pursues th~ cure to completion. LESSOR may not maintain any nction or effect any remedies for default n?in~ LESSEE unless and nntil LESSEE has failed to cure the ~me within the time periods provided in this Paragraph 27. Notwi~g tbe forego~ if LESSEE defaults in the performnn~e of any non-monet~y provisions of this Lef~ more thnn three (3) times in any Len~ y~r (determined ba~ tipon the Comme~ment Date) Lessor may maintain an nction for default without providing LESSEE a 28. EN'VIRONIVlENT~, a. LESSOR will be responsible for nH obligations of compliance with any and nH environmental and indusUial hygiene laws, including any regulations, guidelines, standards, or policies of any govnmnemal authorities lv%,ulnting or imposing _~amtnrds of liability or ~ of conduct with regard to any envimnlneu~ or industrial hygiene conditions or concerns as may now or at any time beroafler be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the actiw'ties of LESSEE. b. LESSOR shnll hold LESSEE harmless nmi indenmify LESSEE from and assume nH duties, respons~ilily and liability at LESSOR's sole cost and expense, for all duties, responsibfli_ties, and ~inh'tlily (for paymem of penalties, sanctions, forfeitures, lo~ses, costs, or dnnmg~) and for m/rending to any action, notice, claim, order, summons, citation, directive, lifigntion, investigation or proceedin___g which is in nny way relaled to: (i) f~il.~e to comply with any envimnment~ or industrial hygiene law, induding without limitalfion ~ regulations, guidelines, standards, or peficies of any governmental authorities regulating or ~ standants of l/ability or standards of conduct with regard to any environmental or indusUial hygiene concerns or conditions as may now or at an), lime hereafter be in effect, unless such compliance results from conditions caused by LESSEE; 29, CASUALTY. In the evem of damage by fire or other casualty to the Premises th_si cannot fensollably be ~ to be ~ within forty-five (45) day~ following same or, ff the Property is damaged by fire or other casualty so thai such damage may rensonably be expected to disrupt LESSEE's operations si the Premises for more thn. forty-five (45) days, then LESSEE may si any lime following such ire or other casualty, provided LESSOR has not completed the testoralion requital to permit LESSEE to resume its operation at the Premises. termlnnte this Lease upon fifteen (15) days written notice to LESSOR. Any such notice of terminntion such termination date, with respect to payments due to the other under this Lense. Notwi~g the foregoing, nH rent shah abate during the period of suct~ fire or other casualty. 30. CONDEMNATION. In the event of any condemnagon of the Property, LESSEE may terminnte this Lense upon fffieen (15) days written notice to LESSOR if st~h condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more th.n forty-five (45) days. LESSEE may on i~s own make a claim in any condemnnlion ptueeeding involving the Premises for losses related to the equipment, its relocation costs and its damages and losses (but not for the loss of its leasehold intere~). Any such notice of termination shah cause this Lease lo expire with the same force and effect ns thO, lgh t~ d~ ~4~ fo~ in SUCh notice were the date ori~,~,y set ns the expinm'on date of this Lease and the parties ~.~u make an approprisie adjustmenI ns of such terminntion date with respect to payments due to ~ other under ~hi.~ Lease. 31. SUBMISSION OF J..EASE. The submism'on of this Lease for exnminntion does not consgtute nn offer to lease the F,¢mises and this Lease becomes effective only upon the full execution of this Lease by the Parties, If any provision herein is invalid, it sh.!! be considered deleted from thi.~ Lease and shall not invalidate the remaining provisions of this Lease. Each of the Parties he~.o warfares to the other that the person ot persons executing this Lease on behnlf of such [}arty has the full ri~ht, power ~ atlthofity to enter iiRo Ittld ~{~1I¢ thi~ Lease on such Party's behalf and that no consent from any other person or entity is necessary ns a condition precedent to the legal effect of this Lease. 32. APPLICABLE LAWS. LESSEE shall use the Pt~ni.~es ns may be required or ns peimitted by applicable laws, rules and regulations. LESSOR agrees to ~ the Property in conformance with nH applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE t~arding any colllplinnc~ foqllired by LESSEE in respect to its use of the Pr~ni~es. 33. SURVIVAL. The provisions of the Agreeauem relating to indemnification from one Party to the other Party ~hall survive any termination or expiration of this Agruement. Additionnlly, any provisions of this Agreement which require performance subsequent to the termination or expiration of thi.~ Agreement ~hnll also survive such termlnntion or expiration 34. CAPTIONS. The captions comained in this Agr~mem are inserted for convenience only and are not intended to be part of the A~m~t ~ ~1mll not affect or be utilized in the consuucgon or interpretation of the Agreement IN WITNESS WHEREOF, the Parties bea~ have s~ their hnnd.~ and nff~d their teapecfive ~ the day and year first above written. LESSOR: city of Commm~ity Dcvelopnmut l~pamnent BY: Bernard Strojny, Cily M~mger GTE Mobilnet of California Li~ted Pammrship d/b/a Verizon Wireless cenco ~, Its Ocncrel Pm'trier Robert Fo $~dn Exhibit LEGAL DESCRIPTION OF OWNER'S PROPERTY Owner's Property of which Premises are a pan is Legally described as follows: (City of Campbell) Assessor's Parcel Number: 404-30-017 Beginning at the comer common for Lot 2 and Lot 3 of the Sunnyoaks Tract, as said Tract is shown upon the Map filed for record in Book 'TI" of Maps, of Page 149, Santa Clara County Records; said common comer being in the center line of Sunnyoaks Avenue, as shown upon said Maps, thence Soutk 89° 32' W. and along said center line 147.07 feet to a point thereon, thence N. 0° 08' W. and along a line parallel with the dividing line between Lot 2 and Lot 3 of said Sunnyoaks Tract, being also the Easterty line of Tract No. 531, "Sunnyoaks Manor", as shown upon the Map filed for record in Book 20 of Maps, at Page 1, Santa Clara Coumy Records, 195.00 feet to a point thereon, thence N. 89° 52 E. 112.07 feet to a point, distant 35 feet Westerly fxom said dividing line, between Lot 2 and Lot 3 of said Smmyoaks Tract, measured at right angles therel~om, thence N. 0° 08' W and along a line parallel with said dividing line, 35 feet distant Westerly therefi'om and measured at right angles thereto, 167.20 feet thence 89° 52' W. 112.07 feet to a point in said Easterly line of said Tract No. 531, thence N. 0° 08' W. and along said Easterly line 185.00 feet to a point at the intersection of said Easterly line with the Northerly line of Glenn Avenue, as said Avenue is shown upon said Map of Tract No. 531, thence N. 89° 52' E. and along the Easterly prolongation of the Northerly line of said Glenn Avenue, 147.07 feet to a point in the hereinbefore mentioned dividing line between Lot 2 and Lot 3 of the Sunnyoaks Tract, thence S. 0° 05' E. and along said dividing line, being also the Westerly line of Tract No. 284, "Garrison Tract" as shown upon the Map filed for record in Book 10 of Maps, at Page 23, Santa Clara County Records, 547.20 feet to the place of beginning. Exhibit (SKETCH OF PROPERTY) RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: GTE Mobilnet California Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate (Re; Burrows McCoy) (Sptc~ above this ~ for lizard.s use.) MEMORAN-~UM OF LEASE THIS MEMORANDUM OF LEASE evidences m~ a lease (the "Lease") was entered/mo as of ,2001, by and between City of Cnmpbell, ("Landlord"), and GTE Mobilnet California Limit~i ~ d/b/a Verizon Wireless ("Tenn_nt") concerning certnin rea~ propei~ locatod at 485 W. S,nmyoaks Avenue, in the City of _c~m~be. 11. County of Santa Clara, State of Californin. ~ithin the property of I. andlord which is described in Exhibit "A- 1" nttnched hereto {"Landlord's Pwperty~), together with a rigt~ of access and to in~nll and m.qimnln Ill.ties, for an ~ term of five (5) years commencing as provided for in the Lease, wbich le////is subject to certnin riglm to extend by Tena~ Landlord shall not cause or penn~ any use of the Landlord's Property which interfa~ with or '_,m?i~s the quality of the comm~lnications se~'ices bein~ relidercd by TenanL IN WITNESS WHERF. DF, Landlord and Tennnt have duly exeoned this Memorandum of Lease Agreemem as of the day and year first above written LANDLORD: City of C~m.,,bell a Municipal Corporation By:. Bernard Strojny, City Manager GTE Mobiine~ of California ~-hni~ed Partnership d/b/a Verizon Wireless By: Cenco Pannaship, ny: Roben F. Swain Network-West Exhibit "A" LEGAL DESCRIPTION OF OWNER'S PROPERTY Owner's Property of which Premises are a pan is Le?lly described as follows: (City of Campbell) Assessor's Parcel Number: 404-30-017 Beginning at the comer common for Lot 2 and Lot 3 of the Sunnyoaks Tract, as said Tract is shown upon the Map filed for record in Book "It" of Maps, of Page 149, Santa Clara County Records; said common comer being in the center line of Sunnyoaks Avenue, as shown upon said Maps, thence Soutlt 89° 32' W. and along said center line 147.07 feet to a point thereon, thence lq. 0° 08' W. and along a line parallel with the dividing line between Lot 2 and Lot 3 of said Sunnyoaks Tract, being also the Easterly line of Tract No. 531, "Sunnyoaks Manor", as shown upon the Map filed for record in Book 20 of Maps, at Page 1, Santa Clara County Records, 195.00 feet to a point thereon, thence N. 89° 52 E. 112.07 feet to a point, distant 35 feet Westerly from said dividing line, between Lot 2 and Lot 3 of said Sunnyoaks Tract, measured at ril~ht angles therefrom, thence lq. 0° 08' W and along a line parallel with said dividing line, 35 feet distant Westerly therefrom and measured at right angles thereto, 167.20 feet thence 89° 52' W. 112.07 feet to a point in said Easterly line of said Tract No. 531, thence N. 0° 08' W. and along said Easterly line 185.00 feet to a point at the intersection of said Easterly line with the Northerly line of (31enn Avenue, as said Avenue is shown upon said Map of Tract No. 531, thence N. 89° 52' E. and along the Easterly prolongation of the Northerly line of said Glenn Avenue, 147.07 feet to a point in the hereinbefore mentioned dividing line between Lot 2 and Lot 3 of the Sunnyoaks Tract, thence S. 0° 08' E. and along said dividing line, being also the Westerly line of Tract No. 284, "Garrison Tract" as shown upon the Map filed for record in Book 10 of Maps, at Page 23, Santa Clara County Records, 547.20 feet to the place of beginning. WlTN'ESS my hamt ~d ofli~i~! ual. 8i~mm~te pe~or~Hy ~2rcd NAME. Tfl'L~ OF ~ -E.O~ 'qANE DOE, NOTARY PL~,L~' to I~ thc pcrmn(s) whose nmnc(s) is/mc subscn'bcd th~ within illStrlZZl~ Ir,/shatb~ e, xcom:d th~ sm~ in bis/hcr/th~ mzlhoriz~ c~pa~i~s), smd tl~ b~ his/lx~ their si~n~(s) (m thc imUuna~ the person(s), or thc oeti~ upon behalf of which thc Ix:non(s) acted, WrrNESS my hand and omcial s~aL ~ OF NOTA.R,Y OPTIONAL' Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent mattachm~t of this form. De, trillion of Attacked ~ Title or Type of Documents:__ Document Date: _ Number of Pages Sisner(s) Other Thaa Named Abo~e: ~ c~ityC~) ~ $~gner 's Name: Sign~r is Represe~ng: St~of c. om~ of DAT~, ,~t.,-~(s) on thc insmnncm thc pcflon(s), entity upm behalf of which thc pa3on(s) executed tt~ in.qnmm~ WlTNESS my h-nd and omcial seal. 'SlONATUI~ O~ NOTARY ..... OPTIONAL ' ' ' ' ' Though the data below is not required by law, it may prove valuable to pesetas relying on the doc,recur and could prevent fraudulent rcattachment of this form. D~zo~ion of A~_ ~ched Docttment Title or Type of Documents: __ Document Date: _ Number of Pages Signer(s) Other Than Named Above: ~ car,~,¢mI ctafme~ ~ Signer Signer's Name: ~ Si~ncr is Repre~n~ ENTRY AND TESTING AGREEMENT THIS AGREEMENT CAgreement") is executed this day of 2001, by and between CROWN COMMUNICATION INC., a Delaware corporation, doing business in Colorado as Crown Communications ("Crown") and City of Campbdl, a municipal Corporation (''Owner"), concerning the property under the eomrol of Owner known as 4~5 W. Sunnyoaks Avenue, Santa Clara, CA, 95008 and more particularly described in the attached Exhibit A, (the "Property"). A. Crown is interested in acquiring a property interest in the Property for use as a communications facility. B. In order for Crown to determine the feasibility of the use of the Property for a communications facility, it is necessary for Crown and third parties desibmated by Crown to emer upon and inspect the Property, and temporarily locate equipment on the Property to conduct certain tests, studies and evaluations. C. Owner and Crown desire to provide terms for the access to and from the Property by Crown and designated third pm'ties for the purposes set forth herein. NOW THEREFORE, in consideration of the mutual promises, covenants, undertakings, and other consideration set forth in this Agreement, Owner and Crown agree as follows: AGREEMENT: 1. Consent. Owner consents and agrees that Crown and such third parties as Crown may designate (collectively, the "Authorized Parties") may have access to and from the ProperS, to conduct and perform tests, studies and evaluations as reasonably deemed necessary by Crown; provided however, that nothing contained herein shall be deemed authorization to change or conflict with any one on the property or interfere with the oper~ions of any lawful occupant. Property. Access. Owner agrees that the Authorized Parties shall have free access to the 3. Removal of Property_. Upon the conclusion of the tests, studies and evaluations described in this Agreement, Crown shall remove aH equipment placed on the Property and repair any damage to the Property resulting from any of its activities, and return the Property to the same or substantially similar condition that existed prior to the Autho~ Parties' entry onto the Property. In the event any equipment placed on the Property by an Authorized Party is not timely removed, upon ten (10) days written notice to Crown, Owner will have the right to remove and dispose of such equipment as owner sees fit. 4. Indemnity. Crown agrees to indemnify, save harmless, and defend Owner, its successors and assigns, from and against any and all claims, actions, damages, liability and expense in connection with personal injut~, damage to property or either, arising from or out of any occurrence in, upon or at the Property which results from an act or omission of the Authorized Parties. Crown will not be liable for, and will not be required to indemnify, save harmless, or defend Owner, its successors and assigns, from and against any claims arising from or attributable to the negligent or intentional act or misconduct of Owner, or noncompliance with applicable laws, including federal and state environmental laws, by Owner, its predecessors, successors or assigns. 5. Insurance. At Owner's written request, Crown shall provide to Owner a certificate of insurance evidencing the Authorized Parties' insurance coverage. Crown agrees that at its own cost and expense, Crown will maintain comprehensive general liability and property liability insurance with liability limits of not less than $3,000,000, combined single limit, for injury to or death of one or more persons in any one occurrence and $5,000,000.00 for damage or destruction to property in any one occurrence. Owner agrees that such insurance obligations may be satisfied by a combination of primary and excess umbrella policies. Owner further agrees Crown's insurance obligations may be satisfied under Crown's blanket policies of insurance. Owner agrees that Crown may self-insure against any loss or damage which could be covered by a comprehensive general public liability insurance policy. The insurance shall meet the following specifications: a. Owner, City of Campbell Redevelopment Agency, its officers, employees, and volunteers are covered as additional insureds with respect to and all claims of liability arising out of or related to Crown's use or occupation of the Property. b. Property Damage Liability Insurance shall include Coverage for the following bn?~_rds: X-Explosion, C - Collapse, U- Underground. c. Crown's insurance coverage shall be primary insurance as respects Owner, City of Campbell Redevelopment Agency, its officers, employees, and volunteers. Any insurance or self-insurance maintained by the City, City of Campbell Redevelopment Agency, its officers, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. d. Owner's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. e. The insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Owner. f. Without limiting Crown's indemnification provided herein, Crown shall take out and maintain at all times during the life of this Lease, the required policies of insurance with insurers with an AVII rating or better as set forth in the latest edition of"Bests Key Rating Guide, published by A.M_ Best." 6. Governing Law. The parties agree that the interpret~on and construction of this Agreement shall be governed by the laws of the State of California. 7. Attorneys' F~S. In the event of any litigation between the parties regarding their respective fights and obligations hereunder, the prevailing party shall be ~ntitled to receive reasonable attorneys' fees and costs incurred in connection w/th such action. 8. Severance. If any portion of this Agreement is declared by a court of competent jurisdiction to be void or enforceable, such portion shall be deemed as severed from this Agreement, and the balance of this Agreement shall remain in effect. IN WITNESS WHi~OF, the parties hereto have executed this Agreement as of the day and year first above written. OWNER: City of Campbell a Municipal Corporation Dated:~ By: Bern~ Strojny, City Manager CROWN COMMUNICATION INC., a Delaware corporation, doing business in Colorado as Crown Communications Dated: By: Name: Title: Exhibit "A" I.I:.OAL DESCRIPTION OF OWNER'S PROPERTY Owner's Property of which Premises are a pan is Legally described as follows: (City of Campbell) Assessor's Parcel Number: 404-30-017 Beginning at the comer common for Lot 2 and Lot 3 of' the Sunnyoaks Tract, as said Tract is shown upon the Map filed for record in Book "IT' of Maps, of Page 149, Sania Clara County Records; said common comer being in the center line of Sunnyoaks Avenue, as shown upon said Maps, thence Soutk 89° 32' W. and along said center line 147.07 feet to a point thereon, thence N. 0° 08' W. and along a line parallel with the dividing line between Lot 2 and Lot 3 of said Surmyoaks Tract, being also the Easterly line of Tract No. 531, "Sunnyoaks Manor", as shown upon the Map filed for record in Book20 of Maps, at Page 1, Santa Clara County Records, 195.00 feet to a point thereon, thence N. 89° 52 E. 112.07 feet to a point, distant 35 feet Westerly from said dividing line, between Lot 2 and Lot 3 of said Sunnyoaks Tract, measured at fight angles therefrom, thence N. 0° 08' W and along a line parallel with said dividing line, 35 feet distant Westerly therefrom and measured at fight angles thereto, 167.20 feet thence 89° 52' W. 112.07 feet to a point in said Easterly line of said Tract No. 531, thence N. 0° 08' W. and along said Easterly line 185.00 feet to a point at the intersection of said Easterly line with the Northerly line of Glenn Avenue, as said Avenue is shown upon said Map of Tract No. 531, thence N. 89° 52' E. and along the Easterly prolongation of the Northerly line of said Glenn Avenue, 147.07 feet to a point in the hereinbefore mentioned dividing line between Lot 2 and Lot 3 of the Sunnyoaks Tract, thence S. 0° 08' E. and along said dMding line, being also the Westerly line of Tract No. 284, 'Garrison Tract" as shown upon the Map filed for record in Book 10 of Maps, at Page 23, Santa Clara Coumy Records, 547.20 feet to the place ofbeglnnin8. ' 0,~ C H .~0° CITY OF CAMPBELL Community Development Department - Current Planning August 31, 2001 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, September 11, 2001, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Robert E. Smith, on behalf of Verizon Wireless, for a Site and Architectural Review Permit Approval (PLN2001-64) to allow the construction of a wireless antenna facility on the tower of the Sunnyoaks Fire Station on property located at 485 W. Sunnyoaks Avenue in a P-F (Public Facilities) Zoning District. This project is Categorically Exempt. Interested persons may appear and be heard at this heating. 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 Heating. 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 Depamnent 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. PLN2001-64 Address: 485 W. Sunnyoaks Avenue 70 North First Street · Campbell, California 95OO8-1436 · TEL 408.866.2140 · VAX 408.866.8381 · TDD 408.866.2790 ITEM NO. 1 STAFF REPORT - PLANNING COMMISSION MEETING OF AUGUST 14, 2001 PLN2001-64 Smith, R. Public Hearing to consider the application of Mr. Robert Smith, on behalf of GTE Mobilenet, for approval of a Site and Architectural Review Permit to allow the installation of nine panel antennas and a fiberglass screen on the existing hose tower on property located at 485 W. Sunnyoaks Avenue in a P-F (Public Facilities) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Grant a Continuance of PLN 2001-64 to the Planning Commission meeting of September 11, 2001 to allow adequate time to obtain an authorization by the City Council for the City Manager to execute a Lease Agreement with GTE Mobilenet. BACKGROUND This project must receive an authorization by the City Council for the City Manager to execute a Lease Agreement before the Site and Architectural Review Permit application can be presented to the Planning Commission for review. The authorization was originally scheduled for the City Council meeting of July 17, 2001; however, the lease agreement was not finalized by this date so it was not able to be presented to the City Council. The lease agreement was scheduled for the City Council meeting of August 7, 2001, but the lease agreement was still not finalized in time for the meeting. The item has been re-scheduled for the next City Council meeting on September 4, 2001. CURRENT STATUS The request for the authorization has been re-scheduled for the City Council meeting of September 4, 2001. ATTACHMENTS 1. Letter from Applicant Requesting Continuance 2. Location Map Prepared by: ~'~ ~ Darcy ~mith, Planner II Approved by: Ge~ff I. l~radley, Senior P1/tnner / COMMUNICATIONS Attachment #1 8/6/01 Darcy Smith, Planner City of Campbell, CA Dear Ms. Smith: On behalf of Verizon Wireless Communications, I would request that the project located at 485 W. Sunny oaks, which was scheduled for the Planning Commission this month, be rescheduled to the Planning Commission meeting of September 11, 2001. As the City Council was not able to consider this item in August, it will not be ready for Planning Commission consideration until the above mentioned date, which will follow a City Council meeting of September 4, 2001. Thanks for your assistance with our project. Hopefully, the schedule as proposed above will hold, as it is my understanding that there is only one insurance form lacking in order to submit the item to the City Council - and that City staff is forwarding that form directly to Verizon Legal for completion. I look forward to working with you to complete our project. Sincerely, Robed E. Smith Planner Robert E. Smith, Planner PO Box 1492 · San Juan Bautista, CA 95045 Telephone 831.206.0014 · rsmith~tacitcom.com Regional Office 1536 W. Branch Street · Arroyo Grande, CA 93420 Telephone 805.474.9100 ° Fax805.560.7422 ITEM NO. 1 o~. C.,~, STAFF REPORT - PLANNING COMMISSION MEETING OF JULY 24, 2001 PLN2001-64 Smith, R. Public Hearing to consider the application of Mr. Robert Smith, on behalf of GTE Mobilenet, for approval of a Site and Architectural Review Permit to allow the installation of nine panel antennas and a fiberglass screen on the existing hose tower on property located at 485 W. Sunnyoaks Avenue in a P-F (Public Facilities) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Grant a Continuance of PLN 2001-64 to the Planning Commission meeting of August 14, 2001 to allow adequate time to obtain an authorization by the City Council for the City Manager to execute a Lease Agreement with GTE Mobilenet. BACKGROUND This project must receive an authorization by the City Council for the City Manager to execute a Lease Agreement before the Site and Architectural Review Permit application can be presented to the Planning Commission for review. The authorization was scheduled for the City Council meeting of July 17, 2001; however, the lease agreement was not finalized by this date so it was not able to be presented to the City Council. CURRENT STATUS The request for thc authorization has been re-scheduled for the City Council meeting of August 7, 2001. ATTACHMENTS 1. Location Map Prepared by: ~t.~- ~ Darcy Smith, Planner II Approved by :~ff~m~dl~~'~'~__.2 ey, Senior PI~ / ITEM NO. 2 · O~.CH A~.~7 ' STAFF REPORT - PLANNING COMMISSION MEETING OF JULY 10, 2001 PLN2001-64 Smith, R. Public Hearing to consider the application of Mr. Robert Smith, on behalf of GTE Mobilenet, for approval of a Site and Architectural Review Permit to allow the installation of nine panel antennas and a fiberglass semen on the existing hose tower on property located at 485 E. Sunnyoaks Avenue in a P-F (Public Facilities) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Grant a Continuance of PLN 2001-64 to the Planning Commission meeting of July 24, 2001 to allow adequate time to obtain an authorization by the City Council for the City Manager to execute a Lease Agreement with GTE Mobilenet. BACKGROUND City staff has been in negotiations with GTE Mobilnet of California (doing business as Verizon Wireless) for a lease agreement for a wireless telecommunications facility at 485 W. Sunnyoaks Avenue since January 2001. This City-owned site and buildings are leased to the Santa Clara County Fire Department for use as a fire station. This project must receive an authorization by the City Council for the City Manager to execute a Lease Agreement before the Site and Architectural Review Permit application can be presented to the Planning Commission for review· CURRENT STATUS The request for the authorization has been scheduled for the City Council meeting of July 17, 2001. Prepared by: ~)dUC~O~ g~qq~ Darcy Smith, Planner II Approved by: ~~Q-~/~ Go'off I. Bradley, Senior Plan, tier / July 10, 2001 City of Campbell, City Hall Attn.: Darcy Smith 70 No. First Street Campbell, CA 95008 CAMPBELL DEPT. w i r e l e s s Verizon Wireless 12677 Alcosta Blvd. San Ramon, California 94563 Dear Darcy Smith: Re: Verizon Wireless Telecommunication Project Burrows/McCoy, CA1756 Thank you for your Plan Review Comments (no 01-1578) dated 6/18/01, regarding Verizon Wireless' proposed project to install a telecommunications facility at 485 West Sunnyoaks Avenue, in Campbell. Regarding the items of concern, I would offer the following for your consideration: 1. Total Volume of sulfuric acid present in the proposed battery array: 18.65 Gallons 2. Maximum volume of acid present in the largest individual battery in the array: .666 Gallons 3. Secondary Containment Details: Pursuant to Campbell City Code CMC 1706.090, the applicant will provide containment for the battery array capable of retaining 1.865 Gallons of sulphuric acid gel. The applicant will submit design details of the containment tray to the City and Fire Department for design review, and further, understands that City and Fire Department approval of said details will be a Condition of Approval for the application. At this time, this letter shall serve to document Verizon's intent to design and install an appropriate containment tray, which meets the requirements of the City of Campbell code. Verizon shall submit drawings of the containment tray as soon as possible, for the City and Fire Department's review, and understands that project approval and permitting are conditioned on the City and Fire Department's approval of said containment tray. I hope that the above information proves helpful, and that we can move forward with the project quickly. We will provide necessary information regarding the design of the containment tray to you as soon as possible, and look forward to a speedy completion to this installation. Thanks again for your assistance. Sincerely, Project Administrator Cc: Robert Smith, Tacit Communications CITY OF CAMPBELL Community Development Department · Current Planning June 29, 2001 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, July 10, 2001, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Tacit Communications, on behalf of Verizon Wireless, for a Site and Architectural Approval (PLN2001-64) to allow thc construction of a wireless antenna facility on the tower of the Sunnyoaks Fire Station on property located at 485 W. Sunnyoaks Avenue in a P-F (Public Facilities) Zoning District. This project is Categorically Exempt. 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. PLN2001-64 Address: 485 W. Sunnyoaks Avenue 70 North First Street · Campbell, California 95008.1423 · TEL 408.866.2140 · FaX 408.866.8381 · TDD 408.866.2790 CITY OF CAMPBELL Community Development Department · Current Planning June 19, 2001 Re: PLN2001-64 - 485 W. Sunnyoaks Avenue - Robert E. Smith for Verizon Wireless Dear Applicant: Please be advised that the above-referenced application has been scheduled for the following meeting(s): Site and Architectural Review Committee Meeting Date: Tuesday, June 26, 2001 Time: 6:20 p.m. Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell Planning Commission Meeting Date: Tuesday, July 10, 2001 Time: 7:30 p.m. Location: City Hall Council Chambers, 70 N. First Street, Campbell Should you have any questions or comments, please do not hesitate to contact me at (408) 866- 2140. Sincerely, Darcy Smith Planner II Robert E. Smith (Applicant) Tacit Communications 1536 W. Branch Street Arroyo Grande, CA 93420 Captain Kendall Pearson Support Services/County Fire District 14700 Winchester Boulevard Los Gatos, CA 95030-1818 70 North First Street · Campbell, California 95008.1423 - TEL 408.866.2140 · FAX 408.866.8381 · TDD 408.866.2790 MEMORANDUM City of Campbell -- Community Development Department 70 N. First Street~ Campbell~ CA 95008 To: Robert Smith Date: June 18, 2001 From: Darcy Smith Subject: Schedule/Methodolo~ for PLN2001-64 Verizon Antenna Facility at 485 Stmnyoaks Avenue Application Benchmarks Application text materials and fee submitted: Plans Submitted: Plans Distributed to Development Review Committee: Completeness Comments due from DRC Conditions of Approval due from DRC May 21 May 30 June 4 June 11 June 18 Methodlogy for Review 1. Development Review Committee distribution - After receipt of application and full-size plans 2. 1 week later - Review plans for completeness and identify any issues that need resolution at DRC meeting. 3. 2 weeks later - Review comments and/or conditions internally at 2:30 DRC meeting and invite Applicant to DRC meeting for an explanation of the comments and/or conditions at 3:30. At this point all internal issues should be ironed out and ready to proceed through the Public Review. 4. Within 30 days of submittal - Provide applicant with a completeness letter per the Permit Streamlining Act that specifies the specific information needed to complete the information. 5. Upon resubmittal of additional information- Provided all the required materials are submitted, the item will be scheduled for the next Site and Architectural Review Committee (SARC) meeting. $. Site and Architectural Review Committee. Consists of the chair and vice chair of the Planning Comission, and they review and provide comment on the site and architectural issues. SARC forwards a recommendation to the Planning Commission. If any major issues arise that require revisions to the plans, the applicant is encouraged to provide revised plans by the end of the week in order to keep the item on the next Planning Commission agenda, and the revised plans may be presented to SARC for their review right before the Planning Commission hearing. ?. Planning Commission. The Planning Commission is a public hearing with notification to all property owners within 300 feet of the project property. Their decision is final unless appealed within ten days. Hearing Date Options Site and Architectural Review Committee: Planning Commission: Additional Materials Due Date (at the latest): Option #1 June 26 July 10 June 29 Option #2 July 10 July 24 July 13 Materials Needed Before the Planning Commission Hearing: 14 photosimulations looking northeast across Sunnyoaks Ave. (1 already provided) 2. 10 photosimulations looking northwest across Sunnyoaks Avenue. (5 already provided) 3. 10 sets of reduced (llxl7") revised plans 4. 3 sets of full-size revised plans $. Sample board with exhibits and photos with 1) screen materials, 2)paint colors and 3)photographs of project site and surrounding properties. Revised plans must show: a. Accurate measurements of equiptment cabinets on Sheet A-2 b. Accurate height of tower on title sheet (38 feet not 40 feet) TA T COMMUNICATIONS 6/18/01 Ms. Darcy Smith, Planner City of Campbell 70 N. First Street Campbell, CA 95008 Dear Ms. Smith: I was somewhat perplexed to receive your email today, and am completely at a loss for some of the changes which have been introduced in the planning process for our project. From reading the documents in the project file, which detail the conversations of the City's planning staff with our project related personnel, I understood that the project was to be processed through an administrative review. For example, on 12/15/00, Geoff Bradley discussed the project with Jim Skelly and Tony Gabrielli and informed them that it would fall under a "Staff Review" process, because it was stealthed. Our conversations at the counter and over the phone have also been along these same lines. I have been informed, from our conversations, and documents in the project file, that the project would be processed administratively, with a turn-around time of about 30-60 days. Additionally, on 3/7/01, Tony Gabrielli was informed by City staff, that a reduction in the height of the project would result in an administrative review of the project. Verizon agreed to reduce the height of the proposed extension from 8' down to 6' in order to secure an administrative review of the project - which resulted in a 38' overall height, not 40'. I have incorporated the administrative review timelines which you related to me into our project scheduling, and now may face significant changes in project management and equipment procurement scheduling because of the City's shifting position on how it will review this project. This will result in significant financial hardships to Verizon. When we spoke on the phone last friday, you informed me that a public hearing might be required for the administrative review of the project, which was a surprise to me, as indications from you earlier had not included such a hearing as part of the administrative review. Now, from your email, it appears that the project will be going before the planning commission for full review as well. Given the changing nature of the City's preferences for review processes, and the requirements being placed upon this project for review by the City, I would request that I be given the opportunity to meet with the Community Development Director and discuss the project's evolving review process. I would like to gain a better understanding regarding the proposed processing changes, and would appreciate an opportunity to object to the changes in person. Robert E. Smith, Planner PO Box 1492 · San Juan Bautista, CA 95045 Telephone 831.206.0014 · rsmith@tacitcom.com Regional Office 1536 W. Branch Street · Arroyo Grande, CA 93420 Telephone 805.474.9100 · Fax 805.560.7422 6/18/01 Should such a meeting not be possible, I would request a definitive, written listing of the materials which will be required to process the project, and a complete and final description of the process that the City intends to use in reviewing our application. I would like to know where the project stands, and would appreciate a concrete answer regarding the project's review process -- I must know what is required of the project AND the methodology for review in order to submit a complete application and move towards facilitation of the project. I get the feeling that the process and requirements will keep changing, and we may never get to the point where we have everything pulled together to move forward and finish the review. I also feel like I have been misled by staff. I understand that there are minor errors in the application materials which need to be corrected, and I will endeavor to effect those corrections with our architects as quickly as possible. However, I would request that these minor issues not prevent the City from moving forward with the review and agendizing the project for consideration before whatever commission/committee the City finally decides will be the appropriate reviewing authority. The items listed below appeared in your email, and I believe, are minor enough to be addressed herein, as a matter of record and corrected on the plans sets ASAP. Other issues mentioned in your email have been addressed in prior correspondence which is present in the project file, and are also addressed herein. I have submitted in writing the dimensions of the equipment cabinets as part of the application, and these dimensions will be reflected in appropriate locations on the appropriate plan sheets. I am at a loss for why they were not corrected in the drawing set which was submitted for the application - it was my intention that it be so. Since the result of this correction to the dimensions on the plans will result in an expansion of two cabinet footprints by ~" each, and a reduction in one cabinet footprint by ½", I would request that this inconsistency in dimensions be accepted as a MINOR issue, and not hinder the review process - it literally represents a net change of ~" total on the construction footprint of the 3 cabinets affected, and affects no other regulated envelope or setback. Plan Sheet A-3 accurately indicates a tower height of 38'-0". The City's request that the tower height be reduced 2', down to the 38' total elevation, dates back to early March of this year, and we were happy to make the requested change -- It is clear to me that the Title Sheet is in error, and shall be changed, along with #1 above, ASAP. Please do not allow a minor error such as this, which has been agreed to in other written documents, to hinder the City's process and review of the project. We will effect the necessary changes so the text on the title sheet accurately reflects the agreed-upon dimension ASAP. I have stated several times that we are willing to make whatever aesthetic changes the City desires in the screening materials used on top of the Fire Department Hose Tower. The Fiberglass material which will be used is remarkably adaptable to many textures, colors and Robert E. Smith, Planner PO Box 1492 · San Juan Bautista, CA 95045 Telephone 831.206.0014 · rsmith@tacitcom.com Regional Office 1536 W. Branch Street · Arroyo Grande, CA 93420 Telephone 805.474.9100 · Fax 805.560.7422 6/18/01 finishes. All we need to know is what the City wants it to look like, and we'll be happy to manufacture it to the City's preferred choice. Relocation of the existing microwave antenna is necessary only because it is located where the screening material will have to be installed to effect the extension of the hose tower. Verizon Wireless in no way would suggest any positional or mounting changes which would negatively affect the microwave antenna's functional ability to receive or transmit signal, and would actively ensure that the relocation of the antenna met the City and Fire Department's requirements. Further, Verizon Wireless would welcome City and Fire Department review of all details regarding relocation of the microwave antenna, as it is Verizon Wireless' intent to ensure that absolutely no negative operational affects are inflicted upon any existing equipment at the project site. It is clear that coordination and review between Verizon Wireless, the City, and the Fire Department will be required to execute appropriate relocation of the microwave antenna, and Verizon Wireless welcomes the opportunity to work with the City and Fire Department, to ensure that the relocation of the antenna is effected to the mutual satisfaction of all parties involved. Additional copies of existing Photosimulations will be provided ASAP. I was informed at the counter that the copies provided with the initial submittal were sufficient, but have no problem providing additional copies. Likewise, photographs of the project site can be provided as requested - we were not informed that photographs would be necessary for this submission. Corrected drawings will be forwarded ASAP. Sample boards and colors can be provided as requested, however, Verizon Wireless would like to again stress that it is happy to manufacture and install whatever texture/color/finish the City and Fire Department would prefer for the screening material for this project. Given specific direction from the City and Fire Department, Verizon Wireless could prepare color and material samples for staff approval in the building permit or final design approval process. I look forward to hearing from you soon, and will be happy to participate in the Development Review Committee meeting on 6/18/01 at 3 pm. Thank you for your time and consideration. Sincerely, Robert E. Smith Planner CC: Tred Haglund, Tacit Communications Michael Groff, Verizon Wireless Attachment: 6/14/01 email from Darcy Smith Robert E. Smith, Planner PO Box 1492 · San Juan Bautista, CA 95045 Telephone 831.206.0014 · rsmith@tacitcom.com Regional Office 1536 W. Branch Street · Arroyo Grande, CA 93420 Telephone 805.474.9100 · Fax 805.560.7422 485 W. Sunnyoaks Ave PLN2001-64 Verizon Antenna Applcation Page 1 of 2 From: Adriene Edwards [aedwards@tacitcom.com] Sent: Friday, June 15, 2001 1:16 PM To: 'Darcy Smith' Cc: Tred Haglund (E-mail); Michael Graft (E-mail) Subject: RE: 485 W. Sunnyoaks Ave PLN2001-64 Verizon Antenna Applcation Darcy - attached, please fred a response to your message below. ..... Original Message ..... From: Darcy Smith [mailto:darcys@cityofcampbell.com] Sent: Thursday, June !4, 200! 4:41 plVl To: 'rsmith@Lacitcom.com' Cc: Geoff Bradley Subject: 485 W. Sunnyoaks Ave PLN200!-64 Verizon Antenna Applcation :Importance: High Robert, The Development Review Committee will be discussing your application at their meeting on Monday, June 18th. You are invited to attend this meeting. It's optional, not mandatory. It will start at 3 pm here at City Hall. When I spoke with you last week I told you I would confirm whether this project will require Planning Commission approval. The Community Development Director has determined that it will. The application can't be scheduled for the Site and Architectural Review Committee and Planning Commission until the following items are shown on the plans, clarified and submitted: Items that Must be Shown on Plans: Show accurate measurements of equiptment cabinets (There are different measurements on page A-2 for Mod. Cell Cabinet #3) Show accurate height of tower on title sheet (38 feet NOT 40 feet) Desiqn Issues: Staff is still wresting with the striations on the proposed roof screen. There is also concern about the bulkiness of the tower addition. We can discuss this in detail at the meeting. Items to Clarify: Relocation of existing Microwave antenna. Has the Fire Department approved this? Materials Needed to be Submified: 14 photosimulations looking northeast across Sunnyoaks Ave. (1 already 6/18/01 485 W. Sunnyoaks Ave PLN20~01-64 Verizon Antenna Applcation Page 2 of 2 provided) 10 photo$imulation$ looking northwest across Sunnyoaks Avenue. 15 already provided) 10 sets of reduced (1 lx17") revised plans 3 sets of full-size revised plans Sample board with exhibits and photos with 1) screen materials, 2)paint colors and 3)plno{ographs of projec{ site and surrounding properties. Note: The City must obtain written approval by the Santa Clara County Fire Department (from the Support Services Captain] for this project before we can schedule it for hearings. I am working on this. (Darcy Smitt~ Planner II Direct Line: (408) 866-2193 Fax: (408) 866-8381 e-maih darcys@ci.campbell.ca.us City of Campbell Community Development Department 70 N. First St. Campbell, CA 95008 6/18/01 Evaluation of Human Exposure to Radio Frequency Emissions - CA1756 Burrows McCoy March 26, 2001 TABLE OF CONTENTS 1. INTRODUCTION .................................................................................................................................................. 1 2. SITE DESCRIPTION ............................................................................................................................................. 2 3. ANALYSIS .............................................................................................................................................................. 4 4. RESULTS ................................................................................................................................................................ 5 5. CONCLUSIONS AND RECOMMENDATIONS ................................................................................................ 6 APPENDIX A - LIMITS FOR MAXIMUM PERMISSIBLE EXPOSURE (MPE) ............................................... 7 Limited Warranty UNIsite warrants that this analysis was performed substantially using the methods that are referenced and described in this report using the information on the antenna site that was provided to UNIsite. UNIsite disclaims all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This limited warranty gives you specific legal rights. You may have others, which vary from state to state. UNIsite's entire liability and your exclusive remedy shall be remm of the ~rice paid to UNIsite for the analysis. in no event will UNIsite be liable to you for damages, including any loss of profits, lost savings, or other incidental or consequential damages arising out of your use or inability to use the analysis. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. CA1756 03/26/01 This study analyzes the radio power emitted from the proposed antenna attachments to determine whether human exposure limits would be exceeded at locations accessible to the general public. The predicted exposure has been compared to Federal Communications Commission (FCC)~ guidelines. The predicted results show that the radiated power on the rooftop will not exceed the human exposure limits allowed by the FCC on regions readily accessible to the general public. ~ Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, OET Bulletin No. 65, pp. 27-31, August 1997. Proprietary and Confidential I CA1756 03/26/01 The antennas are designed to focus energy forward and in a horizontal plane as shown in the diagram below. Thus, the majority of the power is focused above and away from the rooftop and surrounding area where the general public and workers have access. Nevertheless, some power is radiated outside of the main beam thus requiring an analysis to be performed. Figure 2 - Main Beam of an Antenna Here is a summary of the analysis options: Power Radiation Density Parameters Values Bin Resolution 1.0 (fl) Reflection Factor 2.56 Line of Sight Blockage Factor 20.0 dB Environment Uncontrolled The following table summarizes the antenna parameters. The active antennas in the power density coverage drawing shown in Figure 3, include operator(s): Cellular. Service (Title ACL Above Pointing Maximum Ant 47 CFR Ground Azimuth Power Frequency ID Operator Rule Part) Antenna Type Elevation(fO (°N) (Watts ERP) (MHz) 1 Cellular Part 22 DB874H83-X 35.0 10.0 840 880 2 Cellular Part 22 DB874H83-X 35.0 150.0 840 880 3 Cellular Part 22 DB874H83-X 35.0 260.0 840 880 Proprietary and Confidential 3 CA1756 03/26/01 The radiated power density was predicted across the roof surface in increments of one foot using guidelines specified by the FCC and techniques developed by UNIsitej'2. The power density in a one foot by one foot area was averaged over the height of 6 feet above the surface. The cumulative radiated power from all the antennas was calculated as a percentage of the FCC specified human exposure for the general public (uncontrolled limit) (Title 47 of the Code of Federal Regulations, Section 1.1307). Power density radiated from the microwave dish antennas is calculated using the techniques described in the Office of Engineering and Technology (OET) Bulletin No. 65 guidelines for Aperture antennasj. The OET 65 guideline provides estimates for calculating the magnitude of the power density in the near and far field of the dish antennas as well as inside and outside the main beam of the antenna. The following approach is used by UNIsite to estimate power density from directional panel arrays2. Panel antennas are modeled as an array of gain elements spaced a half wavelength apart. The gain of each element is modeled as having a gain of G/N where G is the antenna gain and N is the number of array elements. The vertical polar pattern of each element is simulated with a maximum gain of G/N and with a front-to-back ratio of 20 dB. The composite power density from a panel array is then predicted by calculating the power density from each of the elements in the array and adding each contribution. Ground reflection is also considered by multiplying the power density by a factor of 2.56. The following approach is used by UNIsite to estimate power density from collinear arrays2. Collinear antennas are modeled as an array of gain elements spaced a half wavelength apart. The gain of each element is modeled as having a gain of G/N where G is the antenna gain and N is the number of array elements. The vertical polar pattern of each element is simulated with a maximum gain of G/N and with a front-to-back ratio of 20 dB. The composite power density from a collinear array is then predicted by calculating the power density from each of the elements in the array and adding each contribution. Ground reflection is also considered by multiplying the power density by a factor of 2.56. 2 Robert Mawrey, Terry Riley, James Higgins, and Steven Slayden, "Predicting power density near antennas to meet FCC RF safety regulations", Mobile Radio Technology, September 1997. Proprietary and Confidential 4 CA1756 03/26/01 The predictions show that the maximum power density on this rooftop never exceeds general public exposure limits specified by the FCC. The following steps may be taken to bring the site into compliance: Site is in compliance. · Modify the location of the antennas to reduce the power density levels below the maximum permissible exposure limits. · Modify the transmitter power levels to reduce the power density levels below the maximum permissible exposure limits. · Develop and implement an antenna site health and safety policy to prevent human exposure. This policy could include the use of signs and restricting access to prevent exposure. Proprietary and Confidential 6 Appendix A - Limits for Maximum Permissible Exposure (MPE) (A) Limits for Occupational/Controlled Exposure Frequency Electric Field Magnetic Field Range Strength Strength Power Density Averaging Time (MHz) (V/m) (A/m) (mW/cm2) (minutes) 0.3-3.0 614 1.63 (100)* 6 3.0-30 1842/f 4.89/f (900/f~)* 6 30-300 61.4 O. 163 1.0 6 300-1500 .... f/300 6 1500-100,000 .... 5 6 f = frequency in MHz * -- Plane-wave equivalent power density (B) Limits for General Population/Uncontrolled Exposure Frequency Electric Field Magnetic Field Range Strength Strength Power Density (MHz) (V/m) (A/m) (mW/em2) Averaging Time (minutes) 0.3-1.34 614 1.63 (100)* 30 1.34-30 824/f 2.19/f (180/te)* 30 30-300 27.5 0.073 0.2 30 300-1500 .... f/1500 30 1500-100,000 .... 1.0 30 f = frequency in MHz * = Plane-wave equivalent power density Proprietary and Confidential 7 ve riz _rl w i r e l e s s Verizon Wireless 12677 Alcosta Blvd. San Ramon, California 94583 Transmittal VIA: FEDERAL EXP~SS To: Tony Gabrielli Crown Castle From: Michael Groff ff~ Date: March 20, 2001 Re: Verizon New Builds Enclosed: One (1) One (1) RF Coverage objective and search ting, Hwy 152/G7 Coverage Map, Burrows/McCoy Comments: Tony, Enclosed you will fred the above listed site information. The RF coverage map and search ring for Hwy 152/G7 is per your request. Please continue to move forward on the candidate that has already been accepted by Russ Bentson, Verizon RF Engineer, as you investigate other possible locations. During the site status meeting on Monday, March 19% Verizon was informed that Crown required a coverage map for the Burrows/McCoy site. I believe this was requested by the jurisdiction to verify that additional cell coverage is actually needed at this location by Verizon Wireless. Please incorporate this into Crown's Burrow/McCoy site files for your use. Please call with any questions, (925) 904-3919. Bentson, Russell From: Sent: To: Subject: Frost, Craig L. Monday, March 19, 2001 3:33 PM Bentson, Russell Need Coverage Map for Burrows/McCoy RUSS, They were looking for the Burrows/McCoy coverage map today on th~ call before you joined or when you stepped away. Please provide. Thanks. Craig Frost Director - Network System Performance Northern CA/HI Region Verizon Wireless (925)904-3530 - Office (925)904-3529 - Fax (510)507-0031 - Wireless (888)692-5274 - Pager [Alpha: (800)946-4645, PIN: 6925274] Join in. Page 1 Submission Location Planner -Verizon Telecommunications Facility -- SunnyOaks Fire Station, APN 404-30-017 -- Robert E. Smith, Tacit Communications, 831-206-0014, rsmith~,tacitcom.com 21.60.040 Submittal A. Plans 1. Site Plan 2. Elevations 3. Colored Elevation 4. Section Dwgs 5. Visual Impact Demo 6. Visibility Impacts 7. Landscape Plan 8. Misc. & Appurt. Structures - Attached --Attached - Attached - See PhotoSims -- N/A -- Attached - See PhotoSims -- Attached - See PhotoSims -- N/A, Some Detail on Plans -- Attached - Per Section 21.60.180 B. Narrative 1. Antennas and Equipment Antennas - As indicated on Plans Sheets A-3 and A-4 Three (3) panel antennas (1'x4') per Sector Three (3) Sectors Total Nine (9) Panel Antennas Total Equipment Cabinets - As indicated on Plans Sheets A-1 and A-2 One (1) Battery Array Cabinet Three (3) Mod Cell Cabinets One (1) P-Wave Amp Cabinet One (1) PSM Cabinet 2. Location of Antennas and Equipment Antennas to be mounted on top of Hose Tower and totally enclosed by Stealth Screening to match existing siding and vents. See PhotoSims and Plans Sheets A-3 and A-4 Equipment to be ground mounted near south end of building, on west side of lot, against existing fence. Installation includes new concrete equipment pad for cabinets and concrete filled bollards to prevent damage to cabinets. See Plans Sheet A-2. 3. Height of Antennas = 37' - 6" Top of Antenna to grade = 37' - 6" See Plans Sheet A-3 (Antenna Centerline is at 35' - 6", and Antennas are 1'x4', so top of antenna is +2' above antenna centerline indicated on Plans Sheet 6. Maintenance Plan, Backup Operation & Security Also Standards Per Appropriate Sections: 21.60.080 Landscaping - Not Applicable 21.60.090 Public Safety, 21.60.100 Noise, Heat and Odors, and 21.60.110 Min. Performance Standards, 21.60.090 Public Safety 1. Restricted Maintenance Hours shall be observed whenever possible, however, some maintenance must occur dudng times of Iow system activity, which is typically between the hours of 11 PM and 5 AM. 2. Access Control will be addressed per details in the plans, to include locking exterior equipment cabinets and locking access ways to rooftop antenna spaces. 3. Graffitti shall be removed from Verizon facilities within fourteen (14) days of notification by the City. 4. The installation shall not interfere with any existing city emergency service telecommunications facilities transmissions. 5. Verizon shall provide reasonable Public Information and literature relevant to the installation and equipment if requested by the Planning Commission. 6. Public Access to Verizon Equipment will be limited and controlled appropriately, and in conformance with Federal Emissions Exposure laws. 21.60.100 Noise, Heat and Odors 1. Noise levels for operation shall conform to existing local codes. In emergency situations, where battery backup power is insufficient to maintain system operations, an external generator shall be required to energize the facility to sustain operations. At such times, the noise produced by such generator may exceed this section if a "VVhisper Quiet" unit (less than 65 dbA) is not available during the emergency. Use of such an emergency generator shall be minimized and limited to only those times in which power from the utility is not present or appropriate for use. 2. Noise levels for operation shall conform to existing local codes. In emergency situations, where battery backup power is insufficient to maintain system operations, an external generator shall be required to energize the facility to sustain operations. At such times, the noise produced by such generator may exceed this section if a "VVhisper Quiet" unit (less than 65 dbA) is not available during the emergency. Use of such an emergency generator shall be minimized and limited to only those times in which power from the utility is not present or appropriate for use. 3. Noise levels for operation shall conform to existing local codes. In emergency situations, where battery backup power is insufficient to maintain system operations, an external generator shall be required to energize the facility to sustain operations. At such times, the noise produced by such generator may exceed this section if a "VVhisper Quiet" unit (less than 65 dbA) is not available dudng the emergency. Use of such an emergency generator shall be minimized and limited to only those times in which power from the utility is not present or appropriate for use. 4. The facility shall be operated in conformance with this section. 5. The facility shall be operated in conformance with this section. 21.60.110 Minimum Performance Standards A. Verizon shall establish and maintain appropriate Warning Signs at the site and on equipment as required by Federal Law, and B. Shall meet all Federal Emissions requirements in operating this site. C. Further, Verizon shall provide certification of adherence to Federal Emissions Standards within 10 days of initiation of operation of the site, and every two (2) years thereafter, to the Director of Planning. D. Verizon shall ensure that the installation does not create interference with the City's current Emergency Services or current Radio Frequencies. E. All access control equipment and facilities associated with the project and necessary for controlling access to Verizon equipment shall be maintained by Verizon or it's authorized representatives. F. Signage regarding emergency contacts shall be posted and maintained as required by local code. G. Any lighting installed at the project location for Verizon's use shall conform to local code. Operational Maintenance will be executed through monthly site visits by Verizon Authorized Technical Service Representatives. Each monthly site visit will include entry to the property, and evaluation/testing of the operational and backup equipment. VVhile some maintenance activities (testing) are conducted during normal business hours, there are times when it is necessary to test and repair/maintain equipment during periods of lowest system activity - which is most commonly late at night, or in the very eady hours of the morning between the hours of 11 PM and 5 AM. Monitodn.q of Equipment Operation is continuous, as telemetry data is provided to Verizon, on line. Failures are reported in real time, and maintenance is dispatched immediately to effect the earliest possible return to normal operations. Backup Operation of the facility under a state of partial system failure would be accomplished through the redundant systems built into the facility, and would be temporarily energized by the Battery Array. Should a power system failure appear to extend beyond the abilities of the Battery Array to continuously energize the facility, arrangements would be made to introduce an external power generator, which would be coupled to the facility through the panel and generator plug as detailed on Plans Sheet A-2. Such generator-supplied power would be used only until appropriate power to the facility was restored by the Utility and Verizon Staff were able to verify same and switch over to the Utility feed. Security to the site is provided via locked equipment/panel enclosures which are designed for outdoor deployment, and via the rooftop installation, to which access will be limited via locked doors and access ways. It is anticipated that location at the Fire Department will also provide some deterrence to unauthorized entry. Environmental Assessment -- Staff 9. Site Selection Process The surrounding geography and prevalent residential land uses of the area precluded the evaluation of other sites within the immediate vicinity. Further, the location of other sites which met RF Centerline requirements, while also providing adequate coverage and good consistency with the City's zoning ordinance was problematic, limited and cost prohibitive. Once the SunnyOaks Fire Department was located, and it was determined that the City was willing to work towards facilitating an installation at that location, the evaluation and feasibility analysis of additional sites was halted. C. Geographic Service Area - Attached Maps As detailed in the "Burrows McCoy Existing Map", the area west of Burrows McCoy experiences a sharp drop in signal/coverage, due to the surrounding geography and a lack of antennas at an adequate RF centerline. Addition of this project, will provide much needed coverage in this area, as detailed in the "Burrows McCoy Integrated" map. It is Verizon's intention to provide wireless services to those markets which demonstrate a demand for same, and the Burrows McCoy area experiences a lack of service currently, due to the limitations of the surrounding geography and Vedzon's existing antenna systems. D. Preferred Location Sites - SunnyOaks Fire Station The SunnyOaks Fire Station site meets the RF Centerline requirements to provide coverage for the area indicated for the Geographic Service Area. It is the ideal deployment candidate for this service area, as it presents minimal visual impacts while attaining the technical RF objectives for coverage. E. Preferred Mounting Technique - Roof Mount For this installation, the preferred mounting technique is a Roof Mount -- the antennas will be mounted on top of the Hose Tower and totally enclosed with Stealth Screening to match the existing tower vents. See PhotoSims and Plans Sheets A-3 and A-4 for details. It is Verizon's intent to comply with any and all appropriate and applicable codes, including, but not limited to the following: Per Section 21 Per Section 21 Per Section 21.60.070.3 Per Section 21.60.070.4 Per Section 21.60.070.5 Per Section 21.60.070.6 Per Section 21.60.070.7 Per Section 21.60.070.8 Per Section 21.60.070.9 .60.060.C -- Roof Mounted Antennas that are not visible to the Public .60.070.1 - Minimize Visual Impact - Associated Equipment Screened from off-site locations/views - Roof Mounted, construction of screening to hide facility - No Advertising - Stealthing to reduce potential visual impacts - Colors and Materials to match existing structure - Landscaping - N/A - Open Space use minimized Per Section 21.60.130.3 -Architectural Design Required to camouflage antennas Per Section 21.60.130.4 - Architectural Integrity of painted/textured antennas Per Section 21.60.130.5 - Compatible Scale and limited projection Per Section 21.60.130.6 - No Negative Visual Impact Per Section 21.60.140.3- No Interruption of View Per Section 21.60.140.4 - Maximum Building Height not Exceeded for Zone Per Section 21.60.140.5 - Minimize Visual Impacts Per Section 21.60.140.6 - Color & Finish approved by staff to match existing F. Five Year Plan As indicated on the "Burrows/McCoy Integrated" Map, Verizon operates several cell sites within the general area, and endeavors to expand system coverage as markets demand services, to ensure that users of Verizon services receive quality wireless communication at an affordable price. Unfortunately, because of market demand/fluctuations, changes in deployment/operational/maintenance technology and changes in market demographics and service costs, it is not possible to execute deployment strategy and planning for a five year horizon. The number of variables and the depth to which they affect deployment and service delivery is too great. 1. Type of Technology Verizon currently provides a wide array of wireless services to the market, and endeavors to expand it's service offerings to it's customers as technology develops and regulations allow. The past few years has seen a dramatic increase in technological advances in the wireless telecommunications industry, and as technology rapidly advances, improvements to products and services will be release and provided to the consumer as quickly as possible. Changes in service and maintenance technology will be implemented to conform with existing local regulations and guidelines wherever possible. 2. Radio Frequencies Verizon's use of Radio Frequency Spectrum is regulated and controlled by the FCC. Detailed information regarding Verizon's Radio Frequency Spectrum and the restrictions of use of that spectrum as promulgated by the FCC may be found in Verizon's FCC Certification. As a responsible telecommunications provider, Verizon will not exceed or violate FCC regulations regarding the use of its Radio Frequency Spectrum. 3. Services Verizon offers a wide variety of wireless consumer services, which changes as technology develops and is implemented in the field. Due to the rapid advances in technology and the effects in operation and maintenance such advances have, it is impossible to forecast the limits of future services to be offered or provided to the end user. Verizon can state, however, that any and all services provided shall comply with FCC and local regulations and guidelines. 4. All Facilities The index of Verizon sites and maintenance/upgrades scheduled for enhancement of same is currently under development. The rapidly developing choices for technological enhancement of such sites has made prioritization of site upgrades a more sophisticated consideration. Coupled with the changing demands of various markets, and the growth dynamics experienced in same, the evaluation and pdoritization of sites for upgrade and expansion of additional services has become difficult to determine, and requires more analysis. 5. List of Information for 5 Year Cell Sites This Verizon Database is under development, and not yet available for public consumption. a. Index of Cell sites by address and APN b. Zoning Districts c. Type of Buildings & # of Stodes d. Name of the Carrier e. Appurtenant Equipment f. Location g. Height 6. Undetermined Location At this time, Verizon has not developed information which anticipates additional sites within the City. As the market demand grows, economic indicators for useage and affordability change and population demographics shift, Verizon will respond by offering additional services, and deploying additional infrastructure to meet that demand. 7. Five Year Map The best indicator of Vedzon's infrastructure in the City's jurisdiction would be the "Burrows/McCoy Integrated" Map, attached to this application. This map details the existing coverage areas in and around the City. Five year projections for additional coverage areas does not currently exist, and with the rapid pace of technological development, it is likely that any projections regarding coverage and service areas will be outdated rather quickly. Further, as business and FCC regulatory conditions change, Verizon will respond to meet growing demands and changes in operational guidelines. G. Cumulative Effects - N/A - Verizon is unaware of any other telecommunications facilities proximal to the SunnyOaks Fire Station 1. Height 2. Antennas 3. Power Rating 4. Ambient Radio Frequency 5. Total Watts 6. Facilities within On Hundred Feet H. Other Permit Requirements - As Required by Staff I. Co-location Agreement - N/A Interior Stealth Site Precludes Co-location J. Fees $1,692.00 Planning Review $ 164.00 Fire Dept. Review K Independent Review- As Required by Staff L. Additional Information - Provided As Requested Whalen& Company, Inc. GTE Wireless Project Office MEMO~UM To: From: Date: Re: CC: Crown Castle Thomas Cady, Whalen& Company June 19, 2000 Summary of Civil Review on Burrows/McCoy GTE Wireless Site No.: CA 1756 Leasing File Background: This property is located well within the Residential community of CampbelL It is the Santa Clara Fire Department's Campbell Station at 485 Sunnyoaks Road, Campbell, CA 9rd)08. The City of Campbell owns this site, and leases it to the SCVFD. While the SCVFD will have VETO power on the project, Hal Chase, the Captain, believes it can be accomodated. He will he the "final say" on this project from the SCVFD's side. The local shift captains will have no say, except to him~ The person in charge of determininR the viability of this project from the City's perspective is Sharon Fierro, Community Development Director. At the Civil Review, she was very optimistic of the potential for success of this site with the following caveats: 1) the site will need to be fully stealthed, 2) if it is stealthed and within the city's height ordinance, it will he an "over-the-counter approval process (vs. C.U.P.), 3) the site will need to he "quiet" from a neighborhood sound perspective, 4) if coflocation is a consideration, the above information will he required to qualify the subsequent carrier, 5) the necessary maintenance schedule and procedures will need to he outlined for the City, to determine their effect, if any, on the local residents. It was determined at the Civil, that this site could he accomplished with a "Fully MOD site". The ground space requirement would only he 7'X10' with a wood fence covering it from view. The location was best determined to he at the base of the Hose Drying Tower, where a nods machine and a mop drying rack now stand. The equipment would be exterior case units, totallin~ four to five cases. Ray Leising took some measurements and made some rough sketches to help the A&E develop preliminary drawings. It was felt that GTE could raise the Hose Drying Tower by 10-15' with fiberglass exterior panels designed to simulate the existing exterior. This would also accommodate a future collocation of a compatable carrier, such as Sprint, Pac Bell or Metrocom. The initial plan would incorporate the cable run to pass through the Hose Drying Tower at, or near, ground level, and run up the interior of the structure. The existing wooden architectural treatment would he duplicated near the top of the addition. Address: 485 Sunnyoaks Road, Campbell, CA 95008 Conta.ct~: city of Camnbell: Sharon Fierro, City of Campbell=Community Development Director, 70 North First Street, Camphen, CA 95008-1423 p:(408) 866-2140, f: (408) 866-8381 S~m~ Clara Valley Fire De~: Captain Hal Chase, (408) 37g-4010 Agtending Civil Review: CiW of Camvbell: Sharon l~lerro (4010 a66-~140 GTE: Jim Graham (925) 904-3533 & Russ Bentson (925) 904-3539 Whalen Management Services Company Page 2 Crown Castle,.' Bill Neth (925) 785-4405 PTS Construction: Mark Henderson (916) 348-6822, Bill Howard (209) 826-1928 & Bill Stafford ((209) 795-2368 1LL. & Asso¢: Bey Lbing (92~) 944-9147 Whalen & Co.: Tom Cady (510) 249-1209 SUMMARY: It would appear that with a little forethought, this site will be developed. The City of Campbell is willing to consider a Stealth Design here, therefore NO OTHER DESIGN should even he considere& With Russ Bentson's suggestion of the "Full MOD Ceil Site", with its mnall equipment requirement, it would not take up much of the SCVFD's land. There is also an abandoned Truck Pit on the western side of the fire station; however, that area is very close to residential homes, and would he more difficult to sefl to the City. AH-in-afl, it appears that this site should he completed as designed. Thomaa J. Cady Gene Mitchell Office: (604) 431-1714 Fax: (604) 431-1664 Lucent Technologk~ Network Systems - Product Realization Center subject: Bellcore Requirement GR-487-CORE Section 3.28 (R3-157) Acoustical Noise Suppression Test Report on Flexent Modular Cell Enclosure date: January 24, 2000 from-' Gregory P. Mikus Org. JC012E002 NJ0452, 1H3B (973) 426-1230 grnikus~lucent.com Memorandum for Record Introduction The Acoustical Noise Suppression test was performed on the Outdoor Flexent Modular Cell enclosure at NU laboratories located in Annandale NJ on January 24, 2000 in order to verify compliance to the Bellcore requirement specified in section 3.28 of GR-487-CORE (Generic Requirements for Electronic Cabinets) see Noise Unlimited test report No. 9065.1. Marvin Lowman of Noise Unlimited Inc. conducted the testing. G. Mikus and J. Stofanak of Lucent Technologies were present during the testing. Bellcore Requirement Description (R3-157) Cabinets, equipped with telecommunications equipment and associated cooling fans, shall suppress acoustical noise to a level of 65dBA at a distance of 1.5 m (5 ft) from the cabinet with the doors closed during times of maximum noise generation within the cabinet. Test Procedure: · Sound measurements shall be made in a room or enclosure that duplicates as much as possible the acoustic properties of a network facility and the actual service environment. · The sound level shall be measured by a sound meter meeting ANSI 1.4, and set to the A- weighting scale and the slow meter response setting. · Measurements shall be made in accordance with ANSI S 1.18. · Cabinet doors shall be closed. · Sound levels produced shall be measured at 5f~ from the cabinet surfaces in all horizontal directions at a height of 3ft from the cabinet-mounting surface. Lucent Technologies Proprietary-Use Pursuant to Company Instruction Test Setup The Flexent Modcell outdoor version was placed inside the acoustic room; a background noise measurement was taken. The Modcell outdoor version enclosure was then rendered operational and acoustic measurements were taken around the enclosure. Test Results Position Location DBA re: 20 upa 1 Ambient 43 1 Front 61 2 Left Side 53 3 Rear 52 4 53 Ri~rht Side At the completion of the test as described in the Bellcore requirement the Flexent Modular Cell test data was reviewed and the noise levels did not exceed the specified requirement. Therefore the Outdoor Flexent Modular Cell enclosure meets the requirements set forth in Bellcore GR-487 - CORE section 3.28. This data is also in the Noise Unlimited test report No. 9065.1 Respectfully, Gregory P. Mikus Lucent Technologies Proprietary-Use Pursuant to Company Instruction