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Use Permit - Sprint PCS - 2004June 9, 2004 Ms. Sandra. Steele/The Alaris Group SprintPCS 185 Berry Street, Suite 5300 San Francisco, CA 94107 Re: PLN2004-62- 540 W. Rincon Avenue - Use Permit - SprintPCS Dear Applicant: Please be advised that at its meeting of June 8, 2004, the Planning Commission adopted Resolution No. 3573 approving a Conditional Use Permit (PLN2004-62) to allow the installation of a new wireless telecommunications facility consisting of a co-location of panel antennas on a new stealth redwood tree monopole and associated ground-mounted utility cabinet enclosures at John D. Morgan Park located on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, June 18, 2004. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Stephanie Willsey ~ Planner I cc: Frank Mills, Building Division Chris Veargason, County Fire Department Ed Arango, Public Works Department City of Campbell (Property Owner) 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOD 408.866.2790 .---. r- RESOLUTION NO. 3573 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (pLN2004- 62) TO ALLOW THE INSTALLATION OF A NEW WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF A CO-LOCATION OF PANEL ANTENNAS ON A NEW STEALTH REDWOOD TREE MONOPOLE AND ASSOCIATED GROUND-MOUNTED UTILITY CABINET ENCLOSURES ON PROPERTY OWNED BY THE CITY OF CAMPBELL LOCATED AT JOHN D. MORGAN PARK, 540 W. RINCON AVENUE IN A P-F/O-S (PUBLIC FACILITIES/OPEN SPACE) ZONING DISTRICT. APPLICATION OF MS. SANDRA STEELE, ON BEHALF OF SPRINT PCS. FILE NO.: PLN2004-62. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2004-62: 1. Wireless telecommunication facilities are permitted in the P-F/O-S (Public Facilities/Open Space) Zoning District. The Wireless Telecommunications Facilities Ordinance allows stealth co-location sites to be approved at staff level by the Community Development Director by a Site and Architectural Review Permit. The Community Development Director has the discretion to alternately require a Conditional Use Permit when it is found that the project is of a size and nature that would warrant the consideration of the Planning Commission through the public hearing process. Due to the location of the facility on City owned property within a public park the Community Development Director has found that the project warrants review by the Planning Commission. 2. The facility consists of a new 65-foot tall monopole that would be constructed to look like a Redwood tree. The tree pole would be surrounded by other Redwood trees ranging in height from 50 feet to 59 feet tall. 3. Sprint PCS would mount six panel antennas to the tree pole at a maximum height of 50 feet. 4. The associated ground mounted equipment cabinets would be located adjacent to the base of the tree pole. The cabinets and the base of the tree pole would be surrounded by a six-foot tall wooden fence painted brown to blend in with the surrounding area. 5. The maximum building height in the P-F/O-S Zoning District is the maximum permitted height of the most restrictive abutting zoning district, which is the R-I-6 (Single-Family Residential) Zoning District. The height restriction in this zoning district is 35 feet. The height of the proposed tree pole is 65 feet. The Planning Commission may allow higher structures when it is found to be necessary to maintain the purpose of the district. 6. The installation of the wireless antenna facility will not have an impact on the existing parking for the park and no additional parking is required for this project. ,'",..---.. Planning Commission Resl,.~tion No. 3573 PLN2004-62 - 540 W. Rincon Avenue -Conditional Use Permit - Sprint PCS Page 2 7. The location and mounting techniques of the stealth tree pole facility is a preferred siting and mounting technique under the Wireless Telecommunications Facilities Ordinance. 8. The project qualifies as a Categorically Exempt project under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the construction of new small facilities and structures. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The project is consistent with the General Plan and Zoning Ordinance. 2. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 3. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 4. The project is compatible with the uses in the area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 6. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 7. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (pLN2004-62) to allow the installation of a new wireless telecommunications facility consisting of a co-location of panel antennas on a new stealth Redwood tree monopole and associated ground-mounted utility cabinets enclosures on property owned by the City of Campbell located at John D. Morgan Park, 540 W. Rincon Avenue, in a P-F/Open Space (public Facilities/Open Space) Zoning District, subject to the following conditions. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or .....--. Planning Commission Resoll..don No. 3573 PLN2004-62 - 540 W. Rincon Avenue -Conditional Use Permit - Sprint PCS Page 3 Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Plannine: Division: 1. Approved Proiect: Approval is granted for a Conditional Permit to allow the establishment of a stealth wireless telecommunications facility located in John D. Morgan Park located at 540 W. Rincon Avenue. Project approval shall substantially comply with project plans prepared by Sprint PCS and stamped as received by the Planning Division on May 19, 2004, except as modified by the conditions of approval contained herein. 2. Development Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be issued or the Conditional Use Permit shall expire and be deemed void without further notification by the City. 3. Length of Permit Term: This Conditional Use Permit shall expire five years after the date of permit approval, on June 8, 2009. If the use is to continue, the applicant shall apply for a new permit for an additional five-year period. If technological improvements or developments occur which allow the use of materially smaller or less visually obtrusive equipment at this time or the facility is conflicting with park facilities, the service provider will be required to replace or upgrade the approved facility upon application for a new Conditional Use Permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 4. Maintenance of Finish: It is an ongoing obligation of the applicant, assignees and successors in interest to maintain all components of the tree pole and the exterior finish of the structures and equipment, including camouflaged antenna socks, approved by this permit in good order. Graffiti shall be removed by repainting the surface of the structure or equipment as soon as practical. 5. Fencing Plan: Prior to the issuance of building permits for the project, the applicant shall submit four (4) sets of a fencing plan for review and approval by the Community Development Director. The fencing plan shall include information regarding the design and details of the fence and shall be constructed of an attractive and durable material. All fencing shall be installed to the satisfaction of the Community Development Director prior to a final building inspection. 6. Landscape Plan: Prior to the issuance of building permits for the project, the applicant shall submit four (4) sets of a detailed landscape and irrigation plan for review and approval by the Community Development Director. All landscaping shall be installed to the satisfaction of the Community Development Director prior to a final building inspection. Landscape and irrigation plans shall be consistent with the City's Water Efficient Landscaping Standards (WELS) and shall include: Planning Commission Resolution No. 3573 PLN2004-62 - 540 W. Rincon Avenue -Conditional Use Permit - Sprint PCS Page 4 a. New landscaping around the perimeter of the equipment enclosure that includes shrubs and a species of plant that has thorns or other undesirable characteristics to serve as a deterrent for unauthorized people trying to get into the enclosure. 7. Maintenance of Landscaping: It is an ongoing obligation of Sprint PCS, assignees and successors in interest to maintain the landscaping that is required as part of this permit. 8. Cessation of Operations: The service provider shall provide written notification to the Director upon cessation of operations on the site exceeding a 90-day period. The service provider shall remove all obsolete or unused facilities from the site within 180 days of termination of its lease with the property owner or cessation of operations, whichever comes earlier. 9. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Site and Architectural Review Permit or Use Permit shall be required prior to use or reuse of the site. 10. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. The applicant shall comply with all plan submittals, permitting and fee requirements ofthe serving utility companies. 11. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets/enclosures painted to match the structure. 12. Business License Required: Each service provider with a wireless telecommunication facility in the City shall obtain a city business license. 13. Compatibility With City Emergencv Services: The facility shall not be operated, nor caused to transmit on or adjacent to any radio frequencies licensed to the City for emergency telecommunication services such that the City's emergency telecommunications system experiences interference. 14. Lighting: The use of lighting shall not be allowed on telecommunication facilities unless required as a public safety measure. Where lighting is used, it shall be shielded from public view and operated only during times of necessity by a maintenance operator. 15. 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. 16. Noise: The wireless telecommunication facility, including power source, ventilation and cooling facility, shall not generate noise discernible beyond the property lines. 17. 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. Planning Commission Reso...tion No. 3573 PLN2004-62 - 540 W. Rincon Avenue -Conditional Use Permit - Sprint pes Page 5 18. 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. 19. Odors: The testing of back-up generators shall not produce odors that adversely affect the public. 20. Maintenance Hours: Normal maintenance activities shall only occur between the hours of 7:00 a.m. to 5:00 p.m. Monday through Saturday, excluding emergency repairs. 21. Security Required: Prior to issuance of a building permit, the applicant shall provide a cash deposit or other reasonable form of security satisfactory to the City Attorney, in an amount reasonably sufficient to cover the cost of the removal of the facility in the event that its use is abandoned or its Conditional Permit expires or is terminated and the equipment is not voluntarily removed. An estimate of the cost of removal shall be provided for review by the City prior to submittal of security. 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. b. Warning Signs: Signage shall be maintained at the facility identifying all wireless telecommunication facility equipment and safety precautions for people nearing the equipment as may be required by any applicable FCC-adopted standards, including the RF radiation hazard warning symbol identified in ANSI C95.2-1982, 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 RF/EMF emissions in excess of then current FCC adopted RF/EMF emission standards; violation of this condition shall be grounds for revocation. d. Emergency Contact: The service provider shall provide signage as required, including phone numbers of the utility provider, for use in case of an emergency. The signs shall be visibly posted at the communications equipment cabinet. Duildin!! Division: 23. Permits Required: A building permit application shall be required for the proposed antenna structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. -- Planning Commission Resl.__.don No. 3573 PLN2004-62 - 540 W. Rincon Avenue -Conditional Use Permit - Sprint PCS Page 6 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 size of construction plans submitted for building permits shall be 24 inches by 36 inches. 26. 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. 27. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 28. 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. 29. Non-point Source Pollution: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 30. Other Agency Approvals: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department PUBLIC WORKS DEPARTMENT 31. Park Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall provide a plan sheet for park improvements, post security and provide insurance necessary to obtain an encroachment permit for construction of the park improvements, as required by the City Engineer. The plans shall include the following: a. Installation of conduits, conductors and related facilities (Le. pull boxes, etc.) to accommodate future security lighting near new telecommunications facilities and play structures in accordance with the City of Campbell's Street Lighting Policies. Location of conduits, conductors and related facilities to be determined by City Engineer. b. Replacement of damaged park facilities including but not limited to irrigation, play structures and planting in conjunction with trenching work. c. Construction of conforms to existing public and private improvements, as necessary. Planning Commission Resolution No. 3573 PLN2004-62 - 540 W. Rincon Avenue -Conditional Use Permit - Sprint PCS Page 7 32. Final Approvals: Prior to allowing final connection for any and/or all facilities, the applicant shall have the required park improvements installed and accepted by the City. PASSED AND ADOPTED this 8th day of June, 2004, by the following roll call vote: ATTEST: Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None Alderete None ~ APPROVED: r ~.h~ ~ ~ ~ Doorley, Chair ~a^A7Yl k- Sharon Fierro, Secretary Commissioners: Commissioners: Commissioners: AYES: Commissioners: NOES: ABSENT: ABSTAIN: ITEM NO.3 CITY OF CAMPBELL · PLANNING COMMISSION Staff Report. June 8, 2004 PLN2004-23 Carter, Z. Public Hearing to consider the application of Mr. Zachary Carter, on behalf of Cingu1ar Wireless, and Ms. Sandra Steele, on behalf of Sprint PCS, for two separate Conditional Use Permits (pLN2004-23 and PLN2004-62) to allow the installation of a new wireless telecommunications facility consisting ofa co-location of panel antennas on a new stealth Redwood tree monopole and associated ground-mounted utility cabinets enclosures on property owned by the City of Campbell located at John D. Morgan Park, 540 W. Rincon Avenue, in a P-F/O-S (Public Facilities/Open Space) Zoning District. PLN2004-62 Steele, S. STAFFRECO~NDATION That the Planning Commission take the following actions: 1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit (pLN2004-23) to allow the installation of a new stealth wireless telecommunications facility consisting of a co-location of panel antennas on a new Redwood tree monopole and associated ground-mounted utility cabinets enclosure, subject to the attached conditions of approval; and 2. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit (pLN2004-62) to allow the installation of a new stealth wireless telecommunications facility consisting of a co-location of panel antennas on a new Redwood tree monopole and associated ground-mounted utility cabinets enclosure, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that these projects are Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the construction of new small facilities and structures. DISCUSSION Background: The proposed project is located within John D. Morgan Park, which is a 29.8 acre community park. Community parks are designed and maintained to serve the entire community and their amenities may include basketball courts, ball fields, children's play structures and picnic areas. The City Council authorized the City Manager to execute a lease agreement with Cingular Wireless on March 16, 2004 and Sprint PCS on June 1, 2004, which would allow both carriers to lease the required space from the City upon approval of the Conditional Use Permits. Staff Report - Planning C~ssion Meeting of June 8, 2004 PLN2004-23 & -62 - John D. Morgan Park (540 W. Rincon Ave.) Page 2 of 4 '-.j PropeIi)' Description: John D. Morgan Park is located on the east side of San Tomas Expressway and encompasses a large parcel of land that spans from the south side of West Rincon Avenue to the North side of Budd Avenue. The specific project site within the park is located near the southern end of the park just north of Budd Avenue, between San Tomas Expressway and the earth berm that separates the park from San Tomas Expressway. Applicant's Proposal: The applicants are requesting approval of a new wireless telecommunications facility consisting of a co-location of panel antennas on a new stealth Redwood tree monopole and an associated ground-mounted utility cabinets enclosure within John D. Morgan Park located at 540 W. Rincon Avenue. Both carriers report a lack of coverage in this area due to the difficult siting opportunities in this predominately residential area. They report have received many complaints from customers about dropped calls and poor reception in the area. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Open Space. The proposed wireless telecommunications facility is consistent with this land use designation. Zoning Designation: The zoning designation for the project site is P-F/O-S (public Facilities/Open Space). Wireless telecommunications facilities are permitted in the P-F/O-S Zoning District. The Wireless Telecommunications Facilities Ordinance allows stealth co- location sites to be approved at staff level by the Community Development Director by a Site and Architectural Review Permit. However, the Community Development Director has the discretion to alternately require a Conditional Use Permit when it is found that the project is of a size and nature that would warrant the consideration of the Planning Commission through the public hearing process. Due to the location of the proposed facility on City owned property within a public park, the Community Development Director has found that the project warrants review by the Planning Commission. The proposed project will be consistent with the Zoning Ordinance with approval of the Conditional Use Permits. Use: The proposed facility consists of a new 65-foot tall monopole that would be constructed to look like a Redwood tree. The tree pole would be surrounded by other trees ranging in height from 50 feet to 59 feet tall. Sprint PCS is proposing to mount six panel antennas to the tree pole at a maximum height of 50 feet and Cingu1ar is proposing to mount six panel antennas to the tree pole at a maximum height of 60 feet. The remaining five feet of the tree pole would be simulated tree material to allow oa realistic shaped tree. The associated ground mounted equipment cabinets for both carriers would be located adjacent to the base of the tree pole. The cabinets and the base of the tree pole would be surrounded by a six- foot tall wooden fence painted brown to blend in with the surrounding area. Staff is supportive of the proposed project because the location and mounting techniques of the stealth tree pole facility is a preferred siting and mounting technique under the Wireless Telecommunications Facilities Ordinance. :. ;{, . ;;+i" i to . ., "... ~;&;'..' " '?~ , L,;1L ~.f/o" -;. ~,-:"-...I .... -- Staff Report - Planning COlllmission Meeting of June 8, 2004 PLN2004-23 & -62 - John D. Morgan Park (540 W. Rincon Ave.) Page 3 of4 Height: The maximum building height in the P-F/O-S Zoning District is the maximum permitted height of the most restrictive abutting zoning district, which is the R-I-6 (Single-Family Residential) Zoning District. The height restriction in this zoning district is 35 feet. The height of the proposed tree pole is 65 feet. However, the Planning Commission may allow higher structures when it is found to be necessary to maintain the purpose of the district. The applicant has demonstrated that in order to provide coverage in this area the antennas will need to exceed the height limit of 35. The antennas need to be tall enough to clear surrounding buildings and trees so that the facility can communicate with other sites and connect the cellular network together in this area. Landscaping: The proposed project will provide landscaping around the equipment cabinets enclosure. Condition of Approval #6 requires the submittal of a landscape and irrigation plan for review and approval by the Community Development Director. The condition of approval also includes a provision that a species of plant that has thorns or other undesirable characteristics be planted around the perimeter of the enclosure as a deterrent for unauthorized people trying to get into the enclosure. City staff will work with the applicants during construction of the project to ensure that the existing park landscaping and irrigation system will not be damaged. Parking: The installation of the wireless antenna facility will not have an impact on the existing parking for the park. No parking spaces are required for this project because the facility would be unmanned and would only require a periodic maintenance check by a technician or a visit during an emergency. Parks and Recreation Commission: Proposals for development projects near and within City owned parks and open space areas are referred to the Parks & Recreation Commission for review and comment. These comments are forwarded to the Planning Commission and/or City Council for their consideration in review of the project. The Parks and Recreation Commission reviewed this application at its meetings on May 5, 2004 and June 2, 2004. The Commission was supportive of the project as presented with the recommendation that a condition of approval be added which requires a species of plant that has thorns or other undesirable characteristics to be planted around the perimeter of the enclosure as a deterrent for unauthorized people trying to get into the enclosure. Staff has added a condition of approval to address this issue. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of May 25,2004. The Committee was supportive of the application as proposed and had no comments or additional conditions of approval. Staff Report - Planning C~lninission Meeting of June 8, 2004 PLN2004-23 & -62 - John D. Morgan Park (540 W. Rincon Ave.) Page 4 of 4 '--0 Attachments: 1. Findings for Approval of File No. PLN2004-23 2. Findings for Approval of File No. PLN2004-62 3. Conditions of Approval for File No. PLN2004-23 4. Conditions of Approval for File No. PLN2004-62 5. Letter from Zachary Carter 6. Letter from Sandra Steele 7. Exhibits 8. Location Map PreparedbY:~ u)1.1~ Stephanie Willsey, Planner I . ." . i if '~: '~!.; ," ,\1f'- ,'I "'~ .. ~ (." ., . , ____0_. Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2004-23 SITE ADDRESS: APPLICANT: DATE: John D. Morgan Park (540 W. Rincon Ave.) Cingular Wireless June 8, 2004 Findings for approval of a Conditional Use Permit (pLN2004-23) to allow the installation of a new stealth wireless telecommunications facility consisting of a co-location of panel antennas on a new Redwood tree monopole and associated ground-mounted utility cabinets enclosure located in John D. Morgan Park (540 W. Rincon Avenue). The Planning Commission finds as follows with regard to File No. PLN2004-23: 1. Wireless telecommunication facilities are permitted in the P-F/O-S (public Facilities/Open Space) Zoning District. The Wireless Telecommunications Facilities Ordinance allows stealth co-location sites to be approved at staff level by the Community Development Director by a Site and Architectural Review Permit. The Community Development Director has the discretion to alternately require a Conditional Use Permit when it is found that the project is of a size and nature that would warrant the consideration of the Planning Commission through the public hearing process. Due to the location of the facility on City owned property within a public park the Community Development Director has found that the project warrants review by the Planning Commission. 2. The facility consists of a new 65-foot tall monopole that would be constructed to look like a Redwood tree. The tree pole would be surrounded by other Redwood trees ranging in height from 50 feet to 59 feet tall. 3. Cingu1ar Wireless would mount six panel antennas to the tree pole at a maximum height of 60 feet. 4. The associated ground mounted equipment cabinets would be located adjacent to the base of the tree pole. The cabinets and the base of the tree pole would be surrounded by a six- foot tall wooden fence painted brown to blend in with the surrounding area. 5. The maximum building height in the P-F/O-S Zoning District is the maximum permitted height of the most restrictive abutting zoning district, which is the R-1-6 (Single-Family Residential) Zoning District. The height restriction in this zoning district is 35 feet. The height of the proposed tree pole is 65 feet. The Planning Commission may allow higher structures when it is found to be necessary to maintain the purpose of the district. 6. The installation of the wireless antenna facility will not have an impact on the existing parking for the park and no additional parking is required for this project. 7. The location and mounting techniques of the stealth tree pole facility is a preferred siting and mounting technique under the Wireless Telecommunications Facilities Ordinance. '--.f ~ Attachment #1 Page 2 of2 8. The project qualifies as a Categorically Exempt project under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the construction of new small facilities and structures. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The project is consistent with the General Plan and Zoning Ordinance. 2. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 3. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 4. The project is compatible with the uses in the area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 6. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 7. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Attachment #2 FINDINGS FOR APPROVAL OF FILE NO. PLN2004-62 SITE ADDRESS: APPLICANT: DATE: John D. Morgan Park (540 W. Rincon Ave.) Sprint PCS June 8, 2004 Findings for approval of a Conditional Use Permit (pLN2004-62) to allow the installation of a new stealth wireless telecommunications facility consisting ofa co-location of panel antennas on a new Redwood tree monopole and associated ground-mounted utility cabinets enclosure located in John D. Morgan Park (540 W. Rincon Avenue). The Planning Commission finds as follows with regard to File No. PLN2004-62: 1. Wireless telecommunication facilities are permitted in the P-F/O-S (public Facilities/Open Space) Zoning District. The Wireless Telecommunications Facilities Ordinance allows stealth co-location sites to be approved at staff level by the Community Development Director by a Site and Architectural Review Permit. The Community Development Director has the discretion to alternately require a Conditional Use Permit when it is found that the project is of a size and nature that would warrant the consideration of the Planning Commission through the public hearing process. Due to the location of the facility on City owned property within a public park the Community Development Director has found that the project warrants review by the Planning Commission. 2. The facility consists of a new 65-foot tall monopole that would be constructed to look like a Redwood tree. The tree pole would be surrounded by other Redwood trees ranging in height from 50 feet to 59 feet tall. 3. Sprint PCS would mount six panel antennas to the tree pole at a maximum height of 50 feet. 4. The associated ground mounted equipment cabinets would be located adjacent to the base of the tree pole. The cabinets and the base of the tree pole would be surrounded by a six- foot tall wooden fence painted brown to blend in with the surrounding area. 5. The maximum building height in the P-F/O-S Zoning District is the maximum permitted height of the most restrictive abutting zoning district, which is the R-I-6 (Single-Family Residential) Zoning District. The height restriction in this zoning district is 35 feet. The height of the proposed tree pole is 65 feet. The Planning Commission may allow higher structures when it is found to be necessary to maintain the purpose of the district. 6. The installation of the wireless antenna facility will not have an impact on the existing parking for the park and no additional parking is required for this project. 7. The location and mounting techniques of the stealth tree pole facility is a preferred siting and mounting technique under the Wireless Telecommunications Facilities Ordinance. /" , \.......... ...../ Attachment #2 Page 2 of2 8. The project qualifies as a Categorically Exempt project under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the construction of new small facilities and structures. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The project is consistent with the General Plan and Zoning Ordinance. 2. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare ofthe City. 3. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 4. The project is compatible with the uses in the area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 6. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 7. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. . . t _ i. J:,; . -,'; 1 . Attachment #3 CONDITIONS OF APPROVAL FOR FILE NO. PLN2004-23 SITE ADDRESS: APPLICANT: DATE: John D. Morgan Park (540 W. Rincon Ave.) Cingular Wireless June 8, 2004 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and. are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Plannine: Division: 1. Approved Project: Approval is granted for a Conditional Permit to allow the establishment of a stealth wireless telecommunications facility located in John D. Morgan Park located at 540 W. Rincon Avenue. Project approval shall substantially comply with project plans prepared by Cingular Wireless and stamped as received by the Planning Division on April 12, 2004, except as modified by the conditions of approval contained herein. 2. Development Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be issued or the Conditional Use Permit shall expire and be deemed void without further notification by the City. 3. Length of Permit Term: This Conditional Use Permit shall expire five years after the date of permit approval, on June 8, 2009. If the use is to continue, the applicant shall apply for a new permit for an additional five-year period. If technological improvements or developments occur which allow the use of materially smaller or less visually obtrusive equipment at this time or the facility is conflicting with park facilities, the service provider will be required to replace or upgrade the approved facility upon application for a new Conditional Use Permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 4. Maintenance of Finish: It is an ongoing obligation of the applicant, assignees and successors in interest to maintain all components of the tree pole and the exterior finish of the structures and equipment approved by this permit in good order. Graffiti shall be removed by repainting the surface of the structure or equipment as soon as practical. 5. Fencing Plan: Prior to the issuance of building permits for the project, the applicant shall submit four (4) sets of a fencing plan for review and approval by the Community "-j . ...-.\ 'J Attachment #3 Page 2 of5 Development Director. The fencing plan shall include information regarding the design and details of the fence and shall be constructed of an attractive and durable material. All fencing shall be installed to the satisfaction of the Community Development Director prior to a final building inspection. 6. Landscape Plan: Prior to the issuance of building permits for the project, the applicant shall submit four (4) sets of a detailed landscape and irrigation plan for review and approval by the Community Development Director. All landscaping shall be installed to the satisfaction of the Community Development Director prior to a final building inspection. Landscape and irrigation plans shall be consistent with the City's Water Efficient Landscaping Standards (WELS) and shall include: a. New landscaping around the perimeter of the equipment enclosure that includes shrubs and a species of plant that has thorns or other undesirable characteristics to serve as a deterrent for unauthorized people trying to get into the enclosure. 7. Maintenance of Landscaping: It is an ongoing obligation ofCingular Wireless, assignees and successors in interest to maintain the landscaping that is required as part of this permit. 8. Cessation of Operations: The service provider shall provide written notification to the Director upon cessation of operations on the site exceeding a 90-day period. The service provider shall remove all obsolete or unused facilities :from the site within 180 days of termination of its lease with the property owner or cessation of operations, whichever comes earlier. 9. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Site and Architectural Review Permit or Use Permit shall be required prior to use or reuse of the site. 10. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. The applicant shall comply with all plan submittals, permitting and fee requirements of the serving utility companies. 11. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets/enclosures painted to match the structure. 12. Business License Required: Each service provider with a wireless telecommunication facility in the City shall obtain a city business license. 13. Compatibility With City Emergency Services: The facility shall not be operated, nor caused to transmit on or adjacent to any radio frequencies licensed to the City for emergency telecommunication services such that the City's emergency telecommunications system experiences interference. 14. Lighting: The use of lighting shall not be allowed on telecommunication facilities unless required as a public safety measure. Where lighting is used, it shall be shielded from public view and operated only during times of necessity by a maintenance operator. "'; Attachment #3 Page 3 of5 15. 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. 16. Noise: The wireless telecommunication facility, including power source, ventilation and cooling facility, shall not generate noise discernible beyond the property lines. 17. 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. 18. 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. 19. Odors: The testing of back-up generators shall not produce odors that adversely affect the public. 20. Maintenance Hours: Normal maintenance activities shall only occur between the hours of 7:00 a.m. to 5:00 p.m. Monday through Saturday, excluding emergency repairs. 21. Security Required: Prior to issuance of a building permit, the applicant shall provide a cash deposit or other reasonable form of security satisfactory to the City Attorney, in an amount reasonably sufficient to cover the cost ofthe removal of the facility in the event that its use is abandoned or its Conditional Permit expires or is terminated and the equipment is not voluntarily removed. An estimate of the cost of removal shall be provided for review by the City prior to submittal of security. 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. b. Warning Signs: Signage shall be maintained at the facility identifying all wireless telecommunication facility equipment and safety precautions for people nearing the equipment as may be required by any applicable FCC-adopted standards, including the RF radiation hazard warning symbol identified in ANSI C95.2-1982, 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 RF/EMF emissions in excess of then current FCC adopted RF/EMF emission standards; violation of this condition shall be grounds for revocation. I ,-----' .'J Attachment #3 Page 4 of5 d. Emergency Contact: The service provider shall provide signage as required, including phone numbers of the utility provider, for use in case of an emergency. The signs shall be visibly posted at the communications equipment cabinet. Duildin!! Division: 23. Permits Required: A building permit application shall be required for the proposed antenna structure. The building permit shall include E1ectrica1lP1umbinglMechanica1 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 size of construction plans submitted for building permits shall be 24 inches by 36 inches. 26. Plan Pn::paration: 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. 27. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 28. 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. 29. Non-point Source Pollution: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 30. Other Agency Approvals: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department PUBLIC WORKS DEPARTMENT 31. Park Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall provide a plan sheet for park improvements, post security and provide insurance necessary to obtain an encroachment permit for construction of the park improvements, as required by the City Engineer. The plans shall include the following: a. Installation of conduits, conductors and related facilities (i.e. pull boxes, etc.) to .. f ~ Attachment #3 Page 5 of5 accommodate future security lighting near new telecommunications facilities and play structures in accordance with the City of Campbell's Street Lighting Policies. Location of conduits, conductors and related facilities to be determined by City Engineer. b. Replacement of damaged park facilities including but not limited to irrigation, play structures and planting in conjunction with trenching work. c. Construction of conforms to existing public and private improvements, as necessary. 32. Final Approvals: Prior to allowing final connection for any and/or all facilities, the applicant shall have the required park improvements installed and accepted by the City. '.~ Attachment #4 CONDITIONS OF APPROVAL FOR FILE NO. PLN2004-62 SITE ADDRESS: APPLICANT: DATE: John D. Morgan Park (540 W. Rincon Ave.) Sprint PCS June 8, 2004 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Plannin2 Division: 1. Approved Proiect: Approval is granted for a Conditional Permit to allow the establishment of a stealth wireless telecommunications facility located in John D. Morgan Park located at 540 W. Rincon Avenue. Project approval shall substantially comply with project plans prepared by Sprint PCS and stamped as received by the Planning Division on May 19, 2004, except as modified by the conditions of approval contained herein. 2. Development Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of fmal approval. Within this one-year period a building permit must be issued or the Conditional Use Permit shall expire and be deemed void without further notification by the City. 3. Length of Permit Term: This Conditional Use Permit shall expire five years after the date of permit approval, on June 8, 2009. If the use is to continue, the applicant shall apply for a new permit for an additional five-year period. If technological improvements or developments occur which allow the use of materially smaller or less visually obtrusive equipment at this time or the facility is conflicting with park facilities, the service provider will be required to replace or upgrade the approved facility upon application for a new Conditional Use Permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 4. Maintenance of Finish: It is an ongoing obligation of the applicant, assignees and successors in interest to maintain all components of the tree pole and the exterior finish of the structures and equipment approved by this permit in good order. Graffiti shall be removed by repainting the surface of the structure or equipment as soon as practical. 5. Fencing Plan: Prior to the issuance of building permits for the project, the applicant shall submit four (4) sets of a fencing plan for review and approval by the Community .!I Ii ,'~ .. " " I .. Attachment #4 Page 2 of5 Development Director. The fencing plan shall include information regarding the design and details of the fence and shall be constructed of an attractive and durable material. All fencing shall be installed to the satisfaction of the Community Development Director prior to a final building inspection. 6. Landscape Plan: Prior to the issuance of building permits for the project, the applicant shall submit four (4) sets of a detailed landscape and irrigation plan for review and approval by the Community Development Director. Al11andscaping shall be installed to the satisfaction of the Community Development Director prior to a final building inspection. Landscape and irrigation plans shall be consistent with the City's Water Efficient Landscaping Standards (WELS) and shall include: a. New landscaping around the perimeter of the equipment enclosure that includes shrubs and a species of plant that has thorns or other undesirable characteristics to serve as a deterrent for unauthorized people trying to get into the enclosure. 7. Maintenance of Landscaping: It is an ongoing obligation of Sprint PCS, assignees and successors in interest to maintain the landscaping that is required as part of this permit. 8. Cessation of Operations: The service provider shall provide written notification to the Director upon cessation of operations on the site exceeding a 90-day period. The service provider shall remove all obsolete or unused facilities from the site within 180 days of termination of its lease with the property owner or cessation of operations, whichever comes earlier. 9. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Site and Architectural Review Permit or Use Permit shall be required prior to use or reuse of the site. 10. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. The applicant shall comply with all plan submittals, permitting and fee requirements of the serving utility companies. 11. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets/enclosures painted to match the structure. 12. Business License Required: Each service provider with a wireless telecommunication facility in the City shall obtain a city business license. 13. Compatibility With City Emergency Services: The facility shall not be operated, nor caused to transmit on or adjacent to any radio frequencies licensed to the City for emergency telecommunication services such that the City's emergency telecommunications system experiences interference. 14. Lighting: The use of lighting shall not be allowed on telecommunication facilities unless required as a public safety measure. Where lighting is used, it shall be shielded from public view and operated only during times of necessity by a maintenance operator. "'-.,.../ Attachment #4 Page 3 of5 15. No Advertising: No advertising signage or identifying logos shall be displayed on wireless telecommunications facilities, except for small identification plates used for ernergency notification or hazardous or toxic materials warning. I 16. Noise: The wireless telecommunication facility, including power source, ventilation and cooling facility, shall not generate noise discernible beydnd the property lines. 17. 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. 18. 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. 19. Odors: The testing of back-up generators shall not produce odors that adversely affect the public. 20. Maintenance Hours: Normal maintenance activities shall only occur between the hours of 7:00 a.m. to 5:00 p.m. Monday through Saturday, excluding emergency repairs. 21. Security Required: Prior to issuance of a building permit, the applicant shall provide a cash deposit or other reasonable form of security satisfactory to the City Attorney, in an amount reasonably sufficient to cover the cost of the removal of the facility in the event that its use is abandoned or its Conditional Permit expires or is terminated and the equipment is not voluntarily removed. An estimate of the cost of remova!l shall be provided for review by the City prior to submittal of security. 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. b. Warning Signs: Signage shall be maintained at the facility identifying all wireless telecommunication facility equipment and safety precautions for people nearing the equipment as may be required by any applicable FCC-adopted standards, including the RF radiation hazard warning symbol identified in ANSI C95.2-1982, 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 RF/EMF emissions in excess of then current FCC adopted RF/EMF emission standards; violation of this condition shall be grounds for revocation. I Attachment #4 Page 4 of5 d. Emergency Contact: The service provider shall provide signage as required, including phone numbers of the utility provider, for use in case of an emergency. The signs shall be visibly posted at the communications equipment cabinet. Buildine: Division: 23. Permits Required: A building permit application shall be required for the proposed antenna structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part ofthe 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 size of construction plans submitted for building permits shall be 24 inches by 36 inches. 26. 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. 27. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 28. 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. 29. Non-point Source Pollution: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 30. Other Agency Approvals: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department PUBLIC WORKS DEPARTMENT 31. Park Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall provide a plan sheet for park improvements, post security and provide insurance necessary to obtain an encroachment permit for construction of the park improvements, as required by the City Engineer. The plans shall include the following: a. Installation of conduits, conductors and related facilities (i.e. pull boxes, etc.) to ~ ... ....~, ! .---./ Attachment #4 Page 5 of5 accommodate future security lighting near new telecommunications facilities and play structures in accordance with the City of Campbell's Street Lighting Policies. Location of conduits, conductors and related facilities to be determined by City Engineer. b. Replacement of damaged park facilities including but not limited to irrigation, play structures and planting in conjunction with trenching work. c. Construction of conforms to existing public and private improvements, as necessary. 32. Final Approvals: Prior to allowing final connection for any and/or all facilities, the applicant shall have the required park improvements installed and accepted by the City. ~ ,\ , April 27, 2004 Stephanie Willsey Planner I City of Campbell Planning Department MAY 0 4 2004 crrv OF CAMPBELL PLANNING DEPT. RE: Cingular Wireless antenna installation, Site SF-987 John D. Morgan Park, Campbell CA This proposal is to install six (3 groups of two) wireless panel antennas in a faux redwood tree, covered by antenna socks (sock with tree foliage). The proposed faux tree will be 65 feet tall and is surrounded by other redwood trees ranging from 50 feet to 59 feet tall. The BTS cabinets will at the bottom of the nine foot burm facing the expressway, but hidden by shrubs. Cingular Wireless has a very large coverage gap along the San Tomas Expressway and Budd, as show on the detailed coverage maps submitted. The RF Engineers at Cingular Wireless have studied the area extensively to try to locate the site to obtain there objectives. They have determined that they need at least 65 feet, because of the surrounding trees at the park and to communicate with the other sites. The proposed height is required in order to connect the network together in this area. Without the height, Cingular would have to try to construct another site close by to help fill the gap in the coverage. We feel a faux tree at 65 feet would be better than two sites in the area The area that we need to cover is predominantly residential, and it is discouraged to build any sites in residential areas. People today expect to have phone coverage in the communities they live in, and work in. The people that live in the City of Campbell want to have better phone coverage. We contacted several other land owners, the Santa Clara Water district and San Jose Water Company, the only other property that is not residential, with no success to lease any space on there property for a wireless antenna site. To provide adequate coverage, we need to obtain an approval to build this tree pole (stealth site). Cingular has also received many complaints about the coverage and dropped calls in the area by surrounding residences. Cingu1ar has constructed several other trees in lovely areas, such as Palo Alto. With the help of the City of Palo Alto's Arborist, Dave Dockter, Cingular constructed two 60 foot tree poles in Palo Alto, this year. Mr. Dockter was delighted that the antennas could not be seen at all, and was pleasantly surprised with the color and shape of the faux tree. I have provided you with some pictures of them. If there is any additional information you need, please do not hesitate to call me at (408) 799-1354 or e-mail meatzcarter@ruthandgoing.com. Zachary Carter Planning Consultant to Cingular Wireless May 19,2004 RECEIVED MAY 1 9 2004 CITY OF CAMPBELL PLANNING DEPT. Stephanie Willsey Planning Division 70 North First Street Campbell, CA 95088 Via Hand Delivery Re: Use Permit-Application for Planning Commission or Administrative Hearings Submittal for a Sprint PCS co-location antenna installation with Cingular on an existing tree monopole at San Thomas Expwy & Budd Ave., Campbell. APN: 305-29-001 Dear Stephanie: I am pleased to submit this Use Permit application package for City Department review. Please refer to the project description and accept the following items: One (1) Use Permit Application. (City Form) Seven (7) sets at 24" x 36" of the Project Development Plans. (site plans and elevations) Fifteen (15) sets at 8.5" x 11" of the Project Development Plans. (site plans and elevations) One (1) Project Description One (1) set ofphotsimulations of the proposed installation Fees for Mailing List, Plan Review, Development Permit and Environmental Assessment totaling $2,682.00 ! r" ~~h ..;.. ~ ..~ 1.<, - -,-- Proiect Description Introduction Sprint PCS is a registered public utility, licensed and regulated by the California Public Utilities Commission (CPUC) and the Federal Communications Commission (FCC), for the purpose of providing personal communication services throughout California. Overview of Site Design/Location Criteria In identifying the proposed PCS location, Sprint network deployment personnel have selected a site that not only meets the technical objectives of RF engineering, but concurrently provides the best siting option with regard to other key criteria that include, but are not limited to: technical feasibility, accessibility, utility connections, zoning compatibility, liability and risk assessment, site acquisition, maintenance and construction costs. Project Location The site address is San Thomas Expwy & Budd Ave., Campbell. The Assessor's Parcel Number is 305-29-001. Proiect Components Antennas: The proposal would be to mount six (6) antennas to an existing Cingular tree monopole. The tree pole would be 65' tall. The proposed Sprint PCS panel antennas, (2) per sector, (3) sectors total would be mounted at 50' top of antenna. The proposed Sprint PCS antennas would be mounted below the Cingular antennas mounted at 60' to top of antennas. The Sprint antenna size would be 60 inches tall by 12 inches wide by 7 inches deep (60" x 12" x 7"). The antennas would be painted to match the tree pole. There would be a GPS antenna mounted on the equipment cabinets within the proposed lease area. Equipment: The proposed equipment lease area would be located at the base of the existing tree monopole. It would occupy (20' X 25') or 450 SF. It would be located on a concrete slab on grade and be enclosed in a new 6'O"~ high wooden fence to match the existing Cingular fence. The Mod Cell equipment includes up to (4) large cabinets and (2) smaller power and te1co cabinets. There would also be a service light. Coveraee Obiective Sprint PCS' s radiofrequency (RF) engineers have identified this site as an integral site in improving Sprint's PCS network coverage along the San Tomas Expressway and in the surrounding neighborhood areas. At present, Sprint PCS customers are experiencing poor service in this area and this site will greatly benefit the Sprint PCS subscribers who live, work and travel in this area. PCS will change the future of telecommunications with easy-to-use, lightweight and highly mobile communications devices including: portable telephones, computers and Personal Digital Assistants (PDAs). PCS will provide voice, e-mail and internet access capabilities for customer's communications needs virtually anywhere and at any time. The PCS network being developed by Sprint PCS differs from typical cellular networks in that it uses a combination of state of the art digital technology and traditional analog wireless communications, which have been in use since the early 1980s. The benefits include call privacy and security, improved voice quality, and an expanded menu of affordable products and services for personal and professional communications needs. The Sprint PCS network will eventually feature a locator device that will connect 911 calls to local police and fIre departments. In the event of an emergency, specially equipped emergency vehicles will be able to identify a customer's location once a call is received. Use Permit Justifications How is this proposed use desirable and not materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the zoning district? I The proposed antenna facility satisfies the above stated question in order to justify the grant of a Use Permit by the folldwing: , · Conditional approved use is in an existing PF/OS zoning district. · Antennas and mounting accessories can be painted to match any background color. . The communications equipment will not interfere, and is federally mandated to not interfere with any other existing communications equipment or electronic devices. . The antenna facility is self contained, unmanned, and quiet. The facility will not have a negative impact on utility or other existing infrastructure or demand for municipal servIces. . The antenna facility will not have a negative impact on the further development of other future communications facilities, structures or land uses. Feasible Alternative Sites: Sprint PCS Site Acquisition initially identified a possible site at 250 Virginia Avenue in the City of Campbell. This was a community church and was identified initially because of the zoning desirability. However, the location of the proposed new pole at the church would have been extremely visible from the ROW - San Tomas Expwy. This site was rejected because of the lack of steal thing ability and because it did not meet Sprint engineer's RF coverage objectives. Sprint PCS then identified a second possible candidate. This was the Campbell Middle School located at 295 Cherry Lane. This candidate was not chosen as it was the least desirable from a zoning perspective as it was located on a school property with young school children and again did not meet RF coverage objectives. Then Sprint identified a third candidate. This was the San Jose Water Tank at 320 Virginia and was chosen as an optimal candidate as it was located the furthest away from residential areas and was most easily stea1thed. A preliminary application was submitted, however, the city denied the proposed slim line monopole design, strongly suggesting that Sprint enter into a co-location with Cingular in a city park. Sprint identified this fourth candidate at the proposed J.D Morgan Park based on the cities co- location preference. i..lI.r. ,\ L f\ It I S ,~) ( / ~./ ~ . ~. !\- ~\ ~- ~ \ (; n () fl'. LI.C Ooerational Overview Once constructed and operational, the unmanned communications facility will provide service to customers 24-hour per day, seven (7) days per week. Apart from initial construction activity, the facility will be serviced on a periodic basis by a Sprint technician. It is reasonable to expect that routine maintenance/inspection of the facility will occur once a month during normal working hours. Beyond this intermittent service, Sprint requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. All computer equipment needed to operate the site will be housed within the equipment cabinets. FCC Comoliance Sprint PCS complies with the operating requirements set forth by the FCC in 47 CFR Part 15 that discusses operation in public portions of the radio spectrum. The specific public frequency A-bands utilized by Sprint PCS are 1850 to 1865 MHz and 1930 to 1945 MHz ranges. This section specifies technical requirements, frequencies, and radio transmitter maximum power output such as minimum channel separation and channel bandwidth. Sprint PCS' technology adheres to all of these requirements. Conclusion On behalf of Sprint PCS, the Alaris Group looks forward to working in cooperation with the City of Campbell to provide a wireless telecommunications facility that complies with the City's Land Use Requirements. Please do not hesitate to contact me with any questions at 415-573-7400 or ssteele@thealarisgroup.com Sandra Steele Zoning Specialist The Alaris Group, LLC .., June 2, 2004 From: Parks & Recreation Commission Stephanie Willsey, Planner I <6W To: Subject: Sprint PCS Wireless Telecommunications Facility BACKGROUND Proposals for development projects near and within City owned parks and open space areas are referred to the Parks & Recreation Commission for review and comment. These comments are forwarded to the Planning Commission and City Council for their consideration in review of the project. Cingular Wireless approached the City about installing a wireless telecommunication facility in John D. Morgan Park in September 2003. City staff was aware that Sprint PCS was actively looking for a site in the vicinity and advised Sprint PCS that co-location would be possible on the same tree pole that Cingular Wireless is proposing. Both carriers report a lack of coverage in this area due to the difficult siting opportunities in this predominately residential area. The application for Cingular Wireless came before the Commission at the last meeting on May 5, 2004. The Public Works Department staff has been involved in the project development and location selection to insure that no park impacts are caused by the installation. PROPOSAL Cingular Wireless and Sprint PCS are requesting approval of two separate Conditional Use Permits (one for each carrier) to allow the installation of a new wireless telecommunications facility consisting of a co-location of panel antennas on a new stealth Redwood tree monopole and associated ground mounted equipment cabinet enclosures in John D. Morgan Park. The location of the proposed facility is near the southern end of the park just north of Budd Avenue, between San Tomas Expressway and the earth berm that separates the park from San Tomas Expressway. The facility consists of a new 65-foot monopole that would be constructed to look like a Redwood tree. The proposed tree pole is surrounded by other Redwood trees ranging in height from 50 feet to 59 feet tall. Sprint PCS is proposing to mount six panel antennas to the tree pole at a maximum height of 50 feet and Cingular is proposing to mount six panel antennas to the tree pole at a maximum height of 60 feet. The remaining five feet of the tree would be fake tree material to allow a realistic shaped tree. The proposed Parks & Recreation Commissibrt- June 2, 2004 John D. Morgan Park Page 2 Sprint PCS antennas will not change the appearance or make the tree pole any taller than what was previously presented to the Commission at the May 5, 2004 meeting. The associated equipment cabinets would be located adjacent to the base of the tree pole and surrounded by a six-foot tall wooden fence painted brown to blend in with the surrounding area The applicants are proposing to landscape the area around the enclosures to further screen it from view from San Tomas Expressway. Staff will require that the landscaping material have thorns as a deterrent for unauthorized people trying to get into the enclosures. The facility will be unmanned and will not generate any additional traffic. A technician from each carrier is required to check the facility periodically or during an emergency. Attachments: 1. Location Map 2. Project Plans Prepared by: Community Development Department May 28, 2004 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, June 8. 2004 in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Mr. Zachary Carter, on behalf of Cingular Wireless, and Ms. Sandra Steele, on behalf of Sprint PCS, for two separate Conditional Use Permits (PLN2004-23 and PLN2004-62) to allow the installation of a new wireless telecommunications facility consisting of a co-location of panel antennas on a new stealth Redwood tree monopole and associated ground-mounted utility cabinets enclosures on property owned by the City of Campbell located at John D. Morgan Park, 540 W. Rincon Avenue, in a P-F/Open Space (Public Facilities/Open Space) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the. Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2004-23 & PLN2004-62 Address: 540 W. Rincon Avenue 70 North First Street . Campbel1,California95008-1436. TEL 408.866.2140 . FAX408.871.5140. TDIJ408.866.2790 May 19, 2004 Re: PLN2004-62 - 540 W. Rincon Avenue - Use Permit - Sprint PCS Dear Applicant: Please be advised that the above-referenced application has been scheduled for the following meeting: Site and Architectural Review Committee Meeting Date: Tuesday, May 25,2004 Time: 7:00 p.m. Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell Planning Commission Meeting Date: Tuesday, June 8, 2004 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, Lul~ Stephanie Willsey Planner I cc: Sandra Steele - Sprint PCS (Applicant) 185 Berry Street, Suite 5300 San Francisco, CA 94107 City of Campbell (Property Owner) 70 N. First Street Campbell, CA 95008 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TIm 408.866.2790 MEMORANDUM To: Site and Architectural Review Committee Date: May 19,2004 From: Stephanie Willsey, Planner I 'iSvJ Subject: New Wireless Telecommunications Facility - John D. Morgan Park PROPOSAL Cingular Wireless and Sprint PCS are requesting approval of two separate Conditional Use Permits (one for each carrier) to allow the installation of a new wireless telecommunications facility consisting of a co-location of panel antennas on a new stealth Redwood tree monopole and associated ground mounted equipment cabinet enclosures in John D. Morgan Park. The location of the proposed facility is near the southern end of the park just north of Budd Avenue, between San Tomas Expressway and the earth berm that separates the park from San Tomas Expressway. The facility consists of a new 65-foot monopole that would be constructed to look like a Redwood tree. The proposed tree pole is surrounded by other Redwood trees ranging in height from 50 feet to 59 feet tall. Sprint PCS is proposing to mount six panel antennas to the tree pole at a maximum height of 50 feet and Cingular is proposing to mount six panel antennas to the tree pole at a maximum height of 60 feet. The remaining five feet of the tree would be fake tree material to allow a realistic shaped tree. The associated equipment cabinets would be located adjacent to the base of the tree pole and surrounded by a six-foot tall wooden fence painted brown to blend in with the surrounding area. The applicants are proposing to landscape the area around the enclosures to further screen it from view from San Tomas Expressway. Staff will require that the landscaping material have thorns as a deterant for unauthorized people trying to get into the enclosures. The facility will be unmanned and will not generate any additional traffic. A technician from each carrier is required to check the facility periodically or during an emergency. STAFF ANALYSIS Staff is supportive of the project as proposed. The City's Wireless Telecommunications Facilities Ordinance lists commercial, industrial and open space areas as preferred locations for telecommunication facilities. The ordinance also requires that new facilities be located and designed to minimize visual impacts by incorporating "stealth techniques" to camouflage them such as an art sculpture, flag pole, clock tower or tree. Staff is supportive of the proposed facility because it utilizes a preferred locational and mounting technique under the Wireless Telecommunications Facilities Ordinance. The tree pole is a preferred way of stealthing a facility where there are other trees surrounding it. The alternative potential sites surrounding San Tomas Expressway and Budd Avenue are predominantly residential uses, which are not preferred locations for installing telecommunication facilities. Attachments: Reduced Plans for Sprint PCS Reduced Plans for Cingular . . r H ~', .;\ L A R I .s GROt'P. LLC May 19, 2004 RECEIVED MAY 1 9 2004 CllY OF CAMPBELL PLANNING DEPT. Stephanie Willsey Planning Division 70 North First Street Campbell, CA 95088 Via Hand Delivery Re: Use Permit-Application for Planning Commission or Administrative Hearings Submittal for a Sprint PCS co-location antenna installation with Cingular on an existing tree monopole at San Thomas Expwy & Budd Ave., Campbell. APN: 305-29-001 Dear Stephanie: I am pleased to submit this Use Permit application package for City Department review. Please refer to the project description and accept the following items: One (1) Use Permit Application. (City Form) Seven (7) sets at 24" x 36" of the Project Development Plans. (site plans and elevations) Fifteen (15) sets at 8.5" x 11" of the Project Development Plans. (site plans and elevations) One (1) Project Description One (1) set ofphotsimulations of the proposed installation Fees for Mailing List, Plan Review, Development Permit and Environmental Assessment totaling $2,682.00 Proiect Description Introduction Sprint PCS is a registered public utility, licensed and regulated by the California Public Utilities Commission (CPUC) and the Federal Communications Commission (FCC), for the purpose of providing personal communication services throughout California. Overview of Site DesignILocation Criteria In identifying the proposed PCS location, Sprint network deployment personnel have selected a site that not only meets the technical objectives of RF engineering, but concurrently provides the best siting option with regard to other key criteria that include, but are not limited to: technical feasibility, accessibility, utility connections, zoning compatibility, liability and risk assessment, site acquisition, maintenance and construction costs. Project Location The site address is San Thomas Expwy & Budd Ave., Campbell. The Assessor's Parcel Number is 305-29-001. Proiect ComDonents Antennas: The proposal would be to mount six (6) antennas to an existing Cingular tree monopole. The tree pole would be 65' tall. The proposed Sprint PCS panel antennas, (2) per sector, (3) sectors total would be mounted at 50' top of antenna. The proposed Sprint PCS antennas would be mounted below the Cingular antennas mounted at 60' to top of antennas. The Sprint antenna size would be 60 inches tall by 12 inches wide by 7 inches deep (60" x 12" x 7"). The antennas would be painted to match the tree pole. There would be a GPS antenna mounted on the equipment cabinets within the proposed lease area. Equipment: The proposed equipment lease area would be located at the base of the existing tree monopole. It would occupy (20' X 25') or 450 SF. It would be located on a concrete slab on grade and be enclosed in a new 6'0" high wooden fence to match the existing Cingular fence. The Mod Cell equipment includes up to (4) large cabinets and (2) smaller power and telco cabinets. There would also be a service light. Coverae:e Obiective Sprint PCS's radiofrequency (RF) engineers have identified this site as an integral site in improving Sprint's PCS network coverage along the San Tomas Expressway and in the surrounding neighborhood areas. At present, Sprint PCS customers are experiencing poor service in this area and this site will greatly benefit the Sprint PCS subscribers who live, work and travel in this area. PCS will change the future of telecommunications with easy-to-use, lightweight and highly mobile communications devices including: portable telephones, computers and Personal Digital Assistants (PDAs). PCS will provide voice, e-mail and internet access capabilities for customer's communications needs virtually anywhere and at any time. The PCS network being developed by Sprint PCS differs from typical cellular networks in that it uses a combination of state of the art digital technology and traditional analog wireless communications, which have been in use since the early 1980s. The benefits include call privacy and security, improved voice quality, and an expanded menu of affordable products and services for personal and professional communications needs. The Sprint PCS network will eventually feature a locator device that will connect 911 calls to local police and fire departments. In the event of an emergency, specially equipped emergency vehicles will be able to identify a customer's location once a call is received. Use Permit Justifications How is this proposed use desirable and not materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the zoning district? The proposed antenna facility satisfies the above stated question in order to justify the grant of a Use Permit by the following: · Conditional approved use is in an existing PF /OS zoning district. . Antennas and mounting accessories can be painted to match any background color. . The communications equipment will not interfere, and is federally mandated to not interfere with any other existing communications equipment or electronic devices. . The antenna facility is self contained, unmanned, and quiet. The facility will not have a negative impact on utility or other existing infrastructure or demand for municipal servIces. · The antenna facility will not have a negative impact on the further development of other future communications facilities, structures or land uses. Feasible Alternative Sites: Sprint PCS Site Acquisition initially identified a possible site at 250 Virginia Avenue in the City of Campbell. This was a community church and was identified initially because of the zoning desirability. However, the location of the proposed new pole at the church would have been extremely visible from the ROW - San Tomas Expwy. This site was rejected because of the lack of steal thing ability and because it did not meet Sprint engineer's RF coverage objectives. Sprint PCS then identified a second possible candidate. This was the Campbell Middle School located at 295 Cherry Lane. This candidate was not chosen as it was the least desirable from a zoning perspective as it was located on a school property with young school children and again did not meet RF coverage objectives. Then Sprint identified a third candidate. This was the San Jose Water Tank at 320 Virginia and was chosen as an optimal candidate as it was located the furthest away from residential areas and was most easily stealthed. A preliminary application was submitted, however, the city denied the proposed slim line monopole design, strongly suggesting that Sprint enter into a co-location with Cingular in a city park. Sprint identified this fourth candidate at the proposed J.D Morgan Park based on the cities co- location preference. Ooerational Overview Once constructed and operational, the unmanned communications facility will provide service to customers 24-hour per day, seven (7) days per week. Apart from initial construction activity, the facility will be serviced on a periodic basis by a Sprint technician. It is reasonable to expect that routine maintenance/inspection of the facility will occur once a month during normal working hours. Beyond this intermittent service, Sprint requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. All computer equipment needed to operate the site will be housed within the equipment cabinets. FCC Comoliance Sprint PCS complies with the operating requirements set forth by the FCC in 47 CFR Part 15 that discusses operation in public portions of the radio spectrum. The specific public frequency A-bands utilized by Sprint PCS are 1850 to 1865 MHz and 1930 to 1945 MHz ranges. This section specifies technical requirements, frequencies, and radio transmitter maximum power output such as minimum channel separation and channel bandwidth. Sprint PCS' technology adheres to all of these requirements. Conclusion On behalf of Sprint PCS, the Alaris Group looks forward to working in cooperation with the City of Campbell to provide a wireless telecommunications facility that complies with the City's Land Use Requirements. Please do not hesitate to contact me with any questions at 415-573-7400 or ssteele@thealarisgroup.com Sandra Steele Zoning Specialist The Alaris Group, LLC June 15,2004 Sandra Steele The Alaris Group Sprint PCS 185 Berry St. Ste.5300 San Francisco, CA 94107 RE: Lease Agreement for John D. Morgan Park - Campbell, Calif. Dear Sandra: Please find enclosed two copies of the lease. Please sign both copies and return to me. I will then have them signed and return one original to you. Also enclosed is a copy of the revision text that I talked to Ryan Crowley about. Thank You, y~~(r:6 ~f~.~l~y Senior Planner 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.'2140 . FAX 408.871.5140 . mD 408.866.'2790