Loading...
Admin Site & Arch - 2007 WILSON & BLOOMFIELD LLP ATTORNEYS AT LAW 1901 HARRISON STREET, SUITE 1620 OAKLAND, CALIFORNIA 94612 TELEPHONE: 510.6215.8250 FACSIMILE: 1510.625.82153 October 23, 2008 23013-46.2.1 Anna Horn Consumer Protection and Safety Division California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 Re: Omnipoint Communications, Inc., dba T -Mobile (U-3056-C) General Order 159A - Notification Letter Dear Ms. Horn: This is to provide the Commission with notice pursuant to the provisions of General Order No. 159A of the Public Utilities Commission of the State of California ("CPUC") that: 181 (a) The cellular company has obtained all requisite land use approval for the project described in Attachment A. (Carpet Club/Big Lots). o (b) No use permit is required because A copy ofthis notification letter is also being provided to the appropriate local governmental agency for its information. Should there be any questions regarding this project, or if you disagree with any ofthe information contained herein, please contact Tom Derkas ofT -Mobile at (925) 202- 3333, or Ms, Anna Horn ofthe CPUC Consumer Protection and Safety Division at (415) 703-2699, M, Bloomfield Attorneys for Omnipoint Communications, Inc., dba T-Mobile LMB:rmm Attachment cc: City of Campbell, City Manager (wi Attachment) City of Campbell, City Clerk (wi Attachment) City of Campbell, City Planner (wi Attachment) Tom Derkas, T-Mobile (wi Attachment) tF - -Mobile-- ATTACHMENT A I, Proiect Location Site Identification Number: SF24657 Site Name: Carpet Club/Big Lots Site Address: 1581 W. Campbell Ave. County: Santa Clara Site Location: Campbell, CA 95008 Assessor's Parcel Number:307-16-015 Latitude: 31 17' 11.40" N Longitude: 121' 58' 40.34" W 2. Proiect Description (applies to new sites only) Number of Antennas to be installed: 8 Panel Antennas Tower Design: Rooftop Tower Appearance: 8 panel antennas mounted on roof behind new RFP screen Tower Height: Top of building = 33' Top of Antennae = 32' 7.8" Size of building: 16' x 17' lease area for equipment 3. Business addresses of all Local Governmental Ae:encies Campbell City Clerk City Hall - Upper Level 70 North First Street, Campbell, California 95008 4. Land Use Approvals Campbell City Planner 70 N. First Street, Campbell, California 95008 Date Zoning Approval Issued: 8/06/07 Land Use Permit #:PLN2007-89 Campbell City Manager City Hall - Upper Level 70 North First Street, Campbell, California 95008 August 7, 2007 Erik Corkery Sutro Consulting 833 Market St., Ste 803 San Francisco, CA 94103 Re: Administrative Site & Architectural Review Permit File No: PLN2007-89 1581 W. Campbell Avenue Dear Mr. Corkery: The Community Development Director has conditionally approved your Administrative Site and Architectural Review Permit for a new stealth wireless telecommunications facility (roof mounted antennas) on property located at 1581 W. Campbell Avenue in the C-1 (Neighborhood Commercial) Zoning District. This approval is based upon the attached findings and is subject to the attached revised conditions of approval. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5:00 p.m. on August 16, 2007. If you should have any questions regarding this approval, please do not hesitate to contact me at (408) 866-2193 or by email atkimberlyb@cityofcampbell.com. end: Findings and Conditions of Approval for File No. PLN2007-89 cc: Jackie c. Young Lind, Acting Community Development Director Ed Arango, Public Works Department 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOO 408.866.2790 Attachment # 1 Page 1 of2 RECOMMENDED FINDINGS FOR APPROVAL OF FILE NO. PLN2007-89 SITE ADDRESS: APPLICANT: 1581 W. Campbell Avenue Erik Corkery, Sutro Consulting for Omnipoint Communications, Inc. d/b/a T-Mobile August 6, 2007 DATE: Findings for approval of an Administrative Site and Architectural Review Permit for a new stealth wireless telecommunications facility (roof mounted antennas) located at 1581 W. Campbell Avenue. The Community Development Director finds as follows with regard to File No. PLN2007-89: 1. Wireless telecommunications facilities are permitted in the C-I Zoning District subject to the approval of a Site and Architectural Permit. 2. Under the Wireless Telecommunications Facilities Ordinance, the Community Development Director shall determine if the facility can be reviewed as a stealth facility. The Community Development Director has found that the existing facility is a stealth facility as defined in the Wireless Telecommunications Ordinance. 3. The roof mounted antennas and associated equipment cabinets located inside the building are compatible with the existing site, subject to the Conditions of Approval. 4. The proposed facility will not have an effect on parking and no additional parking is required. 5. The project site is located on the north side of West Campbell Avenue, between San Tomas Aquino Road and La Pradera Avenue. The property is surrounded by office uses on the north, residential uses on the west, and commercial uses on the east and south. 6. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to new construction. Based upon the foregoing findings of fact, the Community Development Director further finds and concludes that: 7. The proposed project is consistent with the General Plan and the Zoning Code. 8. The proposed project as conditioned will aid in the harmonious development of the immediate area. 9. 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 Attachment # 1 Page 2 of2 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. 10. The site is of adequate shape and size to accommodate the stealthing required in order to integrate the telecommunications facility with uses in the surrounding area. Attachment #2 Page 1 of5 CONDITIONS OF APPROVAL FOR FILE NO. PLN2007-89 SITE ADDRESS: APPLICANT: 1581 W. Campbell Avenue Erik Corkery, Sutro Consulting for Omnipoint Communications, Inc. d/b/a T -Mobile August 6, 2007 DATE: The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of the Community Development Director's approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Administrative Site and Architectural Review Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted for an Administrative Site and Architectural Review Permit (PLN2007-89) for new stealth wireless telecommunications facility (roof mounted antennas) located at 1581 W. Campbell Avenue. The project shall substantially conform to the project plans listed below, except as may be modified by the conditions of approval herein. a. The slats of the cyclone fencing shall be vinyl in a neutral color (e.g. beige or gray). b. Submit specifications of the roof screen material and construction details prior to building permit issuance, subject to the approval of the Community Development Director. c. The ladder on the building to access the roof shall be locked down at all times except when necessary for maintenance. . Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 3. Site and Architectural Review Permit Approval Expiration: The Administrative Site and Architectural Review Permit approval shall be valid for one year from the date of final Attachment #2 Page 2 of5 approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property and all conditions of approval fulfilled (if no building permit is required). Failure to meet these deadlines will result in the Administrative Architectural Site and Review Permit being void. 4. Length of Permit Term: This Site and Architectural Review Permit shall expire ten years after permit approval, on August 6, 2017. If the use is to continue, the applicant shall apply for a new permit for an additional ten-year period. If technological improvements or developments occur which allow the use of materially smaller or less visually obtrusive equipment at this time, the service provider will be required to replace or upgrade the approved facility upon application for a new Site and Architectural Review Permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 5. Revocation of Permit: Operation of the use in violation of the Administrative Site and Architectural Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Administrative Site and Architectural Permit by the Community Development Director. 6. Cessation of Operations: The service provider shall provide written notification to the Director upon cessation of operations on the site exceeding a 90-day period. The service provider shall remove all obsolete or unused facilities from the site within 180 days of termination of its lease with the property owner or cessation of operations, whichever comes earlier. 7. New Permit Reauired: If a consecutive period of 180 days has lapsed since cessation of operations, a new Site and Architectural Review Permit shall be required prior to use or reuse of the site. 8. Securitv Reauired: Prior to issuance of any permits for this facility, the applicant shall provide an irrevocable letter of credit or other reasonable form of security, satisfactory to the City Attorney, in an amount reasonably sufficient to cover the cost of removal, for the removal of the facility in the event that its use is abandoned or its Site and Architectural Review Permit expires or is terminated and the equipment is not voluntarily removed. 9. Upgrading of Facilitv Required: If technological improvements or developments occur which allow the use of materially smaller or less visually obtrusive equipment, the service provider will be required to replace or upgrade the approved facility upon application for a new Site and Architectural Review Permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 10. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets painted to match the structure. Attachment #2 Page 3 of5 11. 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. 12. 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. 13. Lighting: The use of lighting shall not be allowed on wireless telecommunication facilities unless required as a public safety measure. Where lighting is used, it shall be shielded to prevent glare on adjacent uses. 14. Noise. The wireless telecommunication facility, including power source, ventilation and cooling facility, shall not generate noise discernible beyond the property lines. 15. Back-Up Generators: Backup generators shall comply with the noise standard referenced above and shall only be operated during power outages or for testing and maintenance between the hours of8:00 a.m. and 5:00 p.m., Monday through Friday. 16. Heat Generation: The wireless telecommunication facility, including power source and cooling facility, shall not be operated so as to cause the generation of heat that adversely affects any building occupant. 17. Odors: The testing of back-up generators shall not produce odors that adversely affect the public. 18. 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 identi:fying 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. Attachment #2 Page 4 of5 D. Periodic Safety Monitoring: The wireless telecommunications service provider shall submit to the Community Development Director 10 days after installation of the facilities, and every two years thereafter, a certification attested to by a licensed engineer expert in the field of EMR/RF emissions, that the facilities are and have been operated within the then current applicable FCC standards for RF/EMF emissions. The report shall be written in plain English. E. 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. 19. Compliance with Other Regulations: The applicant shall comply with other state, county, and city ordinances that pertain to the proposed proj ect and where they are conducted. 20. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. 21. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. e. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. Building Division: 22. Permits Required: A building permit application shall be required for the proposed structure. The building permit shall include Electrical, Mechanical, and/or Plumbing fees when such work is part of the permit. Attachment #2 Page 5 of5 23. 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. 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 minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 26. 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. 27. 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. 28. Non-point Pollution Control Program: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 29. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department (378-4010) Acknowledged & Accepted: Tom Derkas, Omnipoint Communications, Inc. d/b/a T-Mobile ,...::.- -"'\ NOV/09/2007/FRI 12:39 PM Michael Wilk Arch FAX No, 415 904 oj88 P,001/001 'Oet 29 07 03: D~ arik 415Z'SZ'5'SS'O p.5 A.,.ti2nlnnanf#2 . ~5of.$' 23:.:~.~i1: 1\is ~~~platus.preparel:hIBdct.itW:.c1UectioD.apd ~~~l.ght:~':a CalHOmia 1icemed. ~~:or ~ Plans mbniittedio.r~_;pOtmits ti1iI11 be "'wCl~ ~ft'ed'" --.:tsi......A~.the---..M~~... feasi~ i ~'- .~. ~ o--'!'~'J . "i-J"""'OJIIO ,. ,._.~ 2J4.:c~~~ P~! ThO <:oii(Uti_.~ mroval sball be ;tate4 in. MI'.on the:<<r~.er -,~ ,~'pI8lIS.ubmi~'forWLt1ingpermtt. 2,S' Sizei9tPlans;. The ._~_l__ _..at 'CC'IDShuctian _ ....."'~ 'for 'bl '\ifm .",emits.cba11 . , .... :t~~ P 8~~ P S.,. be 2.4,'!1n. X'3rHn. 10. ~1.'p,1E. A;pplicatimi h.b>>it~lpetmit IIbaU bA.~Q ....~~ ~ pla11.tutJdia:ili~ ""'^~ aM WrhhaSed.~ with diJn......l"'-.aod ~.... .nftlIoniomato.. Sit. .Iim. Ji!!..~.....v ~'-.r. . .-.... . - .....J:"'..r-. . P ~ a1sti inc1uaeJdta ~,~ 'she ~ ~~.~ .iball alSO. be c.~ ca.1Je4.om. Site ~'.and paPIW"ti'fNclto pub1tolsldewidb:.an:bo:~ca.. . . '21. ~&1: ~~~ 'Wh~n'... ~ :mspeetltm is.rirLuire4 ~W1.C. ~ 'rw~. tt,~ . aie~' .. .of.1!isoOid Shall ~ ....i~M .;~ .",....,sha1t. bo submittM.tO .~~:Ql'~A1~ r...-r-.... aq '~~ ~~~ '*"" . . . ~,~il~ om.'aiIl ~ ~~ prior to is$b~ oftbe bUiidiDt petmitat m.'~' wl~~tC S~n 106.-u. ~ei$ij ob'tlii::il..Citi of,CEpbOlt ~ ~c:<<iOD. tbrtnS~ftOm tli~ButWq lnspoctiOl.1 Divisinn~. 28. NOllOo'Dolm: 'P'n\w~~ ~';~oll'm1ll'mm :rh~C~ ~~b~. ~ S~. C'i~'Vatlcy. N'C;m.~i.nt' $~ Pollution Con'IrOt Pro~. ~~ .. ~haIl be. pBkt of piau' ~lttal 'The ~e..a01i ~ {f.li~ :24" X 38."} U ~le it .tho' Buiiamg mvi5i.o.o servi~.COWltor, . ~. AP~al:9~; The.projectreqclre& ths.fujio.~ ~wl'"p'TjQr to ill6Uai1Ofi..bf' 'rhc:OUildUl.( pCrtnit:. . '8.. Santa Clam County Pirc Pepa:nm.em (37t:40:10) . II-t-J1 .' .. 'oint CQrnmunications. Inc. dlbhl T.MobiIe ~-- ----- oS Kimberly Brosseau r From: Sent: To: Subject: Corinne Shinn on behalf of Sharon Fierro Monday, August 06,20078:18 AM Jackie C. Young Lind; Kimberly Brosseau FW: Cell Tower This message below was received by Sharon. Corinne A. Shinn Executive Assistant Department 70 N. First (408) 866-2140 (408) 871-5140 - fax Planning Division City of Campbell -- Community Development Street Campbell, CA 95008 -----Original Message----- From: Ron Fehr [mailto:ron@signature-images.com] Sent: Thursday, August 02, 2007 10:15 AM To: Web Distribution Planning Commission Cc: Dan Furtado; Don Burr; Jane Kennedy; Joseph Hernandez; Evan Low Subject: Cell Tower It has come to my attention that a cell tower is being planned to be installed at the Executive Staff building near La pradera and Campbell Avenue. This building is next to the Japanese Restaurant. I am a resident of Campbell and live on La pradera Drive. I object to this proposed cell tower site as it is right next to the neighborhood and takes away from the eye-appeal of our homes. Our neighborhood is already struggling to improve it's beauty and having a cell tower within such close visual range will lower our home and property values. It is my feeling that if a tower is to be placed in this general area, it would be better suited in the commercial area across the street at Kirkwood plaza. Please be sure to include my letter as an official objection for the record to this project. Sincerely, Ron Fehr 1 ~~. 0\ . CA-11~~ !:: ~ U r- o 0 ... .... 'So.. ~ . (, OotCH^"Q' ADMINISTRATIVE ACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR August 6, 2007 PLN2007-89 Corkery, E. Application of Erik Corkery for Sutro Consulting, on behalf of T -Mobile, for approval of an Administrative Site and Architectural Review Permit for a new stealth wireless telecommunications facility (roof mounted antennas) located at 1581 W. Campbell Avenue in the C-1 (Neighborhood Commercial) Zoning District. STAFF RECOMMENDATION That the Community Development Director take the following action: 1. Approve the Administrative Site & Architectural Review Permit, incorporating the attached findings, to allow a new stealth wireless telecommunications facility (roof mounted antennas) on the project site, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Community Development Director find that this project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA), pertaining to new construction. PROJECT DATA Gross Lot Area: Net Lot Area: 132,422 square feet (3.04 acres) 128,502 square feet (2.95 acres) Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 64,251 square feet (50%) 12,850 square feet (10%) 51,400 square feet (40%) DISCUSSION Applicant's Proposal: The applicant is requesting approval of an Administrative Site and Architectural Review Permit. The proposed facility will consist of a new stealth wireless telecommunications facility which includes six (6) panel antennas mounted on the roof of an existing commercial building (Big Lots). Four antennas will be located on the front portion of the building and two antennas will be located on the rear portion of the building. The antennas will be screened with a 6 foot high wall comprised of a material that will be constructed and painted to match the existing wall of the building. The four equipment cabinets will be located at ground level adjacent to the building and will be screened behind an existing 7 foot high fenced area. The existing fenced area will be extended to screen the new equipment cabinets and both the existing and new fencing will be cyclone fencing with vinyl slats. The proposed facility will be unmanned and operates 24 hours a day, seven days a week. The facility will serviced approximately once every 4-6 weeks or in the event of an emergency, such Staff Report - Administranve Hearing of August 6,2007 PLN2007-89 - 1581 W. Campbell Avenue Page 2 of2 as a power outage. The proposed facility will not have an effect on parking and no additional parking is required. Property Location: The project site is located on the north side of West Campbell Avenue, between San Tomas Aquino Road and La Pradera Avenue. The property is surrounded by office uses on the north, residential uses on the west, and commercial uses on the east and south. Background: The subject building is currently developed with a single story multi-tenant commercial building, including Big Lots, Carpet Club, a Mexican Restaurant and dry cleaners. The roof mounted antennas will be located on the Big Lots portion of the building. ANALYSIS General Plan: The General Plan land use designation for the project site is Neighborhood Commercial. The wireless facility is consistent with this land use designation. Zoning: The zoning designation for the project site is C-1 (Neighborhood Commercial). The wireless facility is compatible with the zoning and General Plan designation. Under the Wireless Telecommunications Facilities Ordinance, the Community Development Director shall determine if the facility can be reviewed as a stealth facility and approved administratively as a Site and Architectural Review Permit. The Community Development Director has found that the proposed facility is a stealth facility as defined in the Wireless Telecommunications Facilities Ordinance. Attachments: 1. Findings for Approval of File No. PLN2007-89 2. Conditions of Approval for File No. PLN2007-89 3. Project Plans 4. Location Map 5. Letters from Neighbors dated 7/26/07 Prepared by: ~ ~ K.i berly osseau, Planner II Approved by: , Acting Community Development Director Attachment # 1 Page 1 of2 RECOMMENDED FINDINGS FOR APPROVAL OF FILE NO. PLN2007-89 SITE ADDRESS: APPLICANT: 1581 W. Campbell Avenue Erik Corkery, Sutro Consulting for Omnipoint Communications, Inc. d/b/a T -Mobile August 6, 2007 DATE: Findings for approval of an Administrative Site and Architectural Review Permit for a new stealth wireless telecommunications facility (roof mounted antennas) located at 1581 W. Campbell Avenue. The Community Development Director finds as follows with regard to File No. PLN2007-89: 1. Wireless telecommunications facilities are permitted in the C-1 Zoning District subject to the approval of a Site and Architectural Permit. 2. Under the Wireless Telecommunications Facilities Ordinance, the Community Development Director shall determine if the facility can be reviewed as a stealth facility. The Community Development Director has found that the existing facility is a stealth facility as defined in the Wireless Telecommunications Ordinance. 3. The roof mounted antennas and associated equipment cabinets located inside the building are compatible with the existing site, subject to the Conditions of Approval. 4. The proposed facility will not have an effect on parking and no additional parking is required. 5. The project site is located on the north side of West Campbell Avenue, between San Tomas Aquino Road and La Pradera Avenue. The property is surrounded by office uses on the north, residential uses on the west, and commercial uses on the east and south. 6. The project qualifies as Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to new construction. Based upon the foregoing findings of fact, the Community Development Director further finds and concludes that: 7. The proposed proj ect is consistent with the General Plan and the Zoning Code. 8. The proposed project as conditioned will aid in the harmonious development of the immediate area. 9. 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 Attachment # 1 Page 2 of2 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. 10. The site is of adequate shape and size to accommodate the stealthing required in order to integrate the telecommunications facility with uses in the surrounding area. Attachment #2 Page 1 of5 CONDITIONS OF APPROVAL FOR FILE NO. PLN2007-89 SITE ADDRESS: APPLICANT: 1581 W. Campbell Avenue Erik Corkery, Sutro Consulting for Omnipoint Communications, Inc. d/b/a T -Mobile August 6, 2007 DATE: The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of the Community Development Director's approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Administrative Site and Architectural Review Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted for an Administrative Site and Architectural Review Permit (pLN2007-89) for new stealth wireless telecommunications facility (roof mounted antennas) located at 1581 W. Campbell Avenue. The project shall substantially conform to the project plans listed below, except as may be modified by the conditions of approval herein. a. The slats of the cyclone fencing shall be vinyl in a neutral color (e.g. beige or gray). b. Submit specifications of the roof screen material and construction details prior to building permit issuance, subject to the approval of the Community Development Director. c. The ladder on the building to access the roof shall be locked down at all times except when necessary for maintenance. . Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 3. Site and Architectural Review Permit Ap?roval Expiration: The Administrative Site and Architectural Review Permit approval shall be valid for one year from the date of final Attachment #2 Page 2 of5 approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property and all conditions of approval fulfilled (if no building permit is required). Failure to meet these deadlines will result in the Administrative Architectural Site and Review Permit being void. 4. Length of Permit Term: This Site and Architectural Review Permit shall expire ten years after permit approval, on August 6, 2017. If the use is to continue, the applicant shall apply for a new permit for an additional ten-year period. If technological improvements or developments occur which allow the use of materially smaller or less visually obtrusive equipment at this time, the service provider will be required to replace or upgrade the approved facility upon application for a new Site and Architectural Review Permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 5. Revocation of Permit: Operation of the use in violation of the Administrative Site and Architectural Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Administrative Site and Architectural Permit by the Community Development Director. 6. Cessation of Operations: The service provider shall provide written notification to the Director upon cessation of operations on the site exceeding a 90-day period. The service provider shall remove all obsolete or unused facilities from the site within 180 days of termination of its lease with the property owner or cessation of operations, whichever comes earlier. 7. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Site and Architectural Review Permit shall be required prior to use or reuse of the site. 8. Securitv Required: Prior to issuance of any permits for this facility, the applicant shall provide an irrevocable letter of credit or other reasonable form of security, satisfactory to the City Attorney, in an amount reasonably sufficient to cover the cost of removal, for the removal of the facility in the event that its use is abandoned or its Site and Architectural Review Permit expires or is terminated and the equipment is not voluntarily removed. 9. Upgrading of Facility Required: If technological improvements or developments occur which allow the use of materially smaller or less visually obtrusive equipment, the service provider will be required to replace or upgrade the approved facility upon application for a new Site and Architectural Review Permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 10. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets painted to match the structure. Attachment #2 Page 3 of5 11. 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. 12. Comnatibility 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. 13. Lighting: The use of lighting shall not be allowed on wireless telecommunication facilities unless required as a public safety measure. Where lighting is used, it shall be shielded to prevent glare on adjacent uses. 14. Noise. The wireless telecommunication facility, including power source, ventilation and cooling facility, shall not generate noise discernible beyond the property lines. 15. Back-Un Generators: Backup generators shall comply with the noise standard referenced above and shall only be operated during power outages or for testing and maintenance between the hours of8:00 a.m. and 5:00 p.m., Monday through Friday. 16. Heat Generation: The wireless telecommunication facility, including power source and cooling facility, shall not be operated so as to cause the generation of heat that adversely affects any building occupant. 17. Odors: The testing of back-up generators shall not produce odors that adversely affect the public. 18. 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-l982, to notify persons that the facility could cause exposure to RF emissions. C. Emissions Conditions: It is a continuing condition of this authorization that the facilities be operated in such a manner so as not to contribute to ambient RF/EMF emissions in excess of then current FCC adopted RF/EMF emission standards; violation ofthis condition shall be grounds for revocation. ,. Attachment #2 Page 4 of5 D. 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 EMRIRF emissions, that the facilities are and have been operated within the then current applicable FCC standards for RF/EMF emissions. The report shall be written in plain English. E. 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. 19. Compliance with Other Regulations: The applicant shall comply with other state, county, and city ordinances that pertain to the proposed project and where they are conducted. 20. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. 21. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. c. Unnecessary idling of internal combustion engines shall be strictly prohibited. d. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. e. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. Building Division: 22. Permits Required: A building permit application shall be required for the proposed structure. The building permit shall include Electrical, Mechanical, and/or Plumbing fees when such work is part of the permit. Attachment #2 Page 5 of5 23. Plan PreDaration: 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. 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 minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 26. 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. 27. 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. 28. Non-point Pollution Control Program: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 29. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department (378-4010) Acknowledged & Accepted: Tom Derkas, Omnipoint Communications, Inc. d/b/a T -Mobile