Pre-App - Mod Monopole - 2005HellerEhrmanLLP
June 14, 2005
Via Facsimile and U.S. Mail
Joseph M. Parker
j oseph.parker@hellerehnnan.com
Direct +1.858.450.5711
Direct Fax +1.858.587.5911
Main +1.858.450.8400
Fax +1.858.450.8499
36560.0014
Ms. Stephanie Willsey
Planner I
City of Campbell
70 North Street
Campbell, CA 95008-1436
Re: Preliminary Application
File No. PRE2005-16
910 S. McGlincy Lane
RECEAd~~
JUN 1 6 2005
Dear Ms. Willsey:
Thank you for your letter concerning the above-entitled site.
We disagree with your conclusion. Section 21.58050 specifically states that
maintenance, repair and alterations are allowable so long as no structural alterations are
made. The proposed maintenance work does not involve any structural change to the tower,
and uses the same mounting brackets as the old panels. The panels are being changed out to
scheduled maintenance, are only smaller and more technologically advanced due to state of
the art changes in the industry.
Crown Castle intends to proceed with the work as proposed. If you have some other
authority or basis for contending that a CUP is required by law, please let me know.
Thank you for your cooperation in this regard.
Very truly yours,
Joseph M. Parker
cc: William Seligmann, City Attorney
Sharon Fierro, Community Development Director
Geoff Bradley, Senior Planner
Heller Ehrrnan LLP 4350 La Jolla Village Drive, 7th Floor San Diego, CA 92122-1246 www.hellerehrman.com
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May 16, 2005
Mr. Joseph M. Parker
Heller Ehrman Attorneys
4350 La Jolla Village Drive, 7th Floor
San Diego, CA 92122
Re: Preliminary Application Comments
File No: PRE2005-16
910 S. McGlincy Lane
Dear Mr. Parker:
The City has found that the existing Wireless Telecommunications Facility is non-conforming
and is therefore subject to the provisions of CMC Chapter 21.58 (Nonconforming Uses and
Structure) and Chapter 21.34 (Wireless Telecommunications Facilities). The ability to apply the
current requirements of Chapter 21.34 depends on whether the requested modifications are
maintenance or an upgrade to the facility.
The letter from your office, dated April 28, 2005, states that the panels will be replaced with
smaller, more technologically advanced panels than the ones that currently exist. The proposed
replacement of panels with smaller, more technologically advanced panels is not considered
"maintenance" but is an upgrade to the facility and would therefore be considered a modification
of the nonconforming use and structure.
Pursuant to CMC Chapter 21.58, the proposed modification to the nonconforming use and
structure is not allowed until the site is brought into conformance with the current zoning
standards and regulations pertaining to Wireless Telecommunications Facilities.
Sincerely,
~~~~- w~ ~
Stephanie Willsey
Planner I
cc: Bill Seligmann, City Attorney
Sharon Fierro, Community Development Director
Geoff Bradley, Senior Planner
70 North First Street Campbell, California 95008-1 4 3 6 rFi. 408.866.2140 Fnz 408.871.5140 rots 408.866.2790