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Use Permit - 2007June 28, 2007 Jason Osborne NSA Wireless, Inc. 2527 Camino Ramon, Suite 305 San Ramon, CA 94583 Re: PLN2007-70 - 1849 Pollard Road -Use Permit Dear Applicant: Please be advised that at its meeting of June 26, 2007, the Planning Commission adopted Resolution No. 3818 approving a Conditional Use Permit (PLN2007-70) to allow for the renewal of a wireless telecommunications facility (Sprint-Nextel antennas on a PG&E Tower) 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, July 6, 2007. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Kimberly A. Brosseau Planner II Cc: Frank Mills, Building Ed Arango, Public Works Chris Veargason, Fire PG&E (Property Owners) 77 Beale Street, 26th Floor San Francisco, CA 94177 70 North First Street Campbell, California 95008-1436 rep 408.866.2(40 Fnx 408.871.5140 TDD 408.866.2790 RESOLUTION NO. 3818 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2007-76) TO ALLOW FOR THE RENEWAL OF A WIRELESS TELECOMMUNICATIONS FACILITY (SPRINT-NEXTEL ANTENNAS ON A PG&E TOWER) ON PROPERTY OWNED BY PG&E LOCATED AT 1849 POLLARD ROAD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. JASON OSBORNE, ON BEHALF OF NSA WIRELESS, INC. FILE NO.: PLN2007-70. 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 PLN2007-70. 1. Wireless telecommunications facilities are permitted in the P-D Zoning District and Residential Zoning District subject to the approval of a Conditional Use Permit. 2. The existing antennas on the PG&E tower and associated ground mounted equipment cabinets are compatible with the existing site, subject to the Conditions of Approval. 3. The continued operation of the existing facility will not have an effect on parking and no additional parking is required. 4. 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. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. Planning Commission Resolution No. 3818 PLN2007-70 - 1849 Pollard Road -Use Permit Page 2 6. The establishment, maintenance, or operation of proposed will not be detrimental to the comfort, general welfare of persons residing or working in use, or be detrimental or injurious to property and or to the general welfare of the City. the proposed use at the location health, morals, peace, safety, or the neighborhood of the proposed improvements in the neighborhood 7. 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. 8. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2007-70) to allow for the renewal of a wireless telecommunications facility (Sprint-Nextel antennas on a PG&E Tower) on property owned by PG&E located at 1849 Pollard Road in a P-D (Planned Development) Zoning District. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2007-70) to allow the continued operation of an existing stealth wireless telecommunications facility located at 1849 Pollard Road. The project shall substantially conform to the project plans and project description received by the Planning Division on April 20, 2007, except as may be modified by the conditions of approval contained herein.* 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. Planning Commission Resolution No. 3818 PLN2007-70 - 1849 Pollard Road -Use Permit Page 3 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Length of Permit Term: This Use Permit shall expire ten years from the most recent expiration date of November 24, 2003. Therefore, the expiration date shall now be November 24, 2013. 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 Use Permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 5. Previous Conditions: All conditions of approval of the previously-approved Use Permit (UP98-09) and Site & Architectural Review Permit (S98-22) as approved by the Community Development Director on November 24, 1998 shall remain in effect, except as modified by conditions herein. PASSED AND ADOPTED this 26th day of June, 2007, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: Michael Rocha, Chair ATTEST: Jackie C. Young Lind, Acting Secretary ~. ITEM N0.3 of ~ CAMS ~~• B~ 0 o CITY OF CAMPBELL • PLANNING COMMISSION f ~~ Staff Report • June 26, 2007 •~RCH A0.• PLN2007-70 Public Hearing to consider the application of Mr. Jason Osborne, on behalf Osborne, J. of NSA Wireless/ Sprint PCS, for approval of a Use Permit to allow the continued operation of an existing stealth wireless telecommunications facility located at 1849 Pollard Road in a P-D (Planned Development) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit (PLN2007-70) to allow the continued operation of an existing stealth wireless telecommunications facility at 1849 Pollard Road, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. PROJECT DATA Net Lot Area: Gross Lot Area: Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: Parking Required: Surrounding Uses: North: South: East: West: 41,382 square feet (0.95 acres) 48,942 square feet (1.12 acres) 3,310 square feet (8%) 33,105 square feet (80%) 4,965 square feet (12%) None Residential Residential Residential/ Commercial Residential/ High School Staff Report -Planning Co..~mission Meeting of June 26, 2007 PLN2007-70 - 1849 Pollard Road Page 2 DISCUSSION Applicant's Proposal: The existing facility consists of six directional antennas, two per sector, and a three sector array that are flush mounted to the transmission tower. The antennas are approximately four feet in length and mounted at a height of 82 feet on an existing 148 foot PG&E tower. A 200 square foot equipment enclosure has astucco-like exterior and shingle roof to blend with the surrounding buildings. The enclosure is surrounded by a six-foot chain link fence with redwood slats. There are no changes proposed to the existing facility. The facility is unmanned and operates 24 hours a day, seven days a week. The facility is serviced approximately once every 4-6 weeks or in the event of an emergency, such as a power outage. The continued operation of the existing facility will not have an effect on parking and no additional parking is required. Back round: The existing facility was approved by a Conditional Use Permit and Architectural Review Permit (UP98-09/ 598-22) on November 24, 1998. The facility expired five years after date of the approval and a renewal of the approval is required. The site is currently developed with a single family residence and a 125 foot high PG&E transmission tower along the rear portion of the property. Project Location: The project site is located on Pollard Road adjacent to existing railroad right of way and near the Highway 85 overpass. The property is surrounded by residential uses on the north, west and east, and residential and commercial uses to the south. ANALYSIS General Plan Desi ng_ ation: The General Plan land use designation for the project site is Low- Medium Density Residential. The wireless facility is consistent with this land use designation. Zoning Desi ation: The zoning designation for the project site is P-D (Planned Development). Under the Wireless Communications Ordinance, all wireless facilities that are located in a residential P-D zoning district require Use Permit approval. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application because the project is a renewal of an existing wireless facility and there are no changes proposed to the existing facility. Staff Report -Planning Commission Meeting of June 26, 2007 PLN2007-70 - 1849 Pollard Road Page 3 Attachments: 1. Findings for Approval of File No. PLN2007-70 2. Conditions of Approval for File No. PLN2007-70 3. Applicant's Written Statement 4. Project Plans 5. Photos of Site 6. Location Map , Prepared by: ~-' ~ ~ -~ Kimberl rosseau, Planner II Approved by: ackie C. Young Lind, AICP, Acting Community Development Director Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2007-70 SITE ADDRESS: APPLICANT: P.C. MEETING: 1849 Pollard Road Jason Osborne June 26, 2007 Findings for Approval of a Conditional Use Permit to allow the continued operation of an existing stealth wireless telecommunications facility on property located at 1849 Pollard Road. The Planning Commission finds as follows with regard to file number PLN2007-70: Wireless telecommunications facilities are permitted in the P-D Zoning District and Residential Zoning District subject to the approval of a Conditional Use Permit. 2. The existing antennas on the PG&E tower and associated ground mounted equipment cabinets are compatible with the existing site, subject to the Conditions of Approval. The continued operation of the existing facility will not have an effect on parking and no additional parking is required. 4. 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. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Attachment #1 Page 2 of 2 7. 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. 8. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2007-70 SITE ADDRESS APPLICANT: P.C. MEETING: 1849 Pollard Road Jason Osborne June 26, 2007 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2007-70) to allow the continued operation of an existing stealth wireless telecommunications facility located at 1849 Pollard Road. The project shall substantially conform to the project plans and project description received by the Planning Division on April 20, 2007, except as may be modified by the conditions of approval contained herein.* * 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. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Length of Permit Term: This Use Permit shall expire five years after permit approval, on June 26, 2012. 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, the service provider will be required to replace or upgrade the approved facility upon application for a new Use Permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. Attachment #2 Page 2 of 3 5. Previous Conditions: All conditions of approval of the previously-approved Use Permit (UP98-09) and Site & Architectural Review Permit (598-22) as approved by the Community Development Director on November 24, 1998 shall remain in effect, except as modified by conditions herein. Acknowledged & Accepted: Jason Osborne, Applicant Sprint Together with Nextel Santa Clara County Planning Office 70 West Hedding Street East Wing, 7th Floor San Jose, CA 95110 CA0898 South Saratoga AttacYment ,~3 ~ ~ ~'""" GIB'' OF ~ ~~,^Va.~ ~~~ ~~.A~~IIVI~~ C~~~-=~ I am formally requesting to renew the conditional use permit application for project # UP 98-09/98-22 Project Address: 1849 Pollard Road, Campbell / APN# 403-21-096 Currently Nextel (Now Sprint) operate a wireless communication facility located at the address above. Currently the antennas are mounted to the ezisting lattice tower, and the equipment adjacent to the tower. We are one of two carriers located on the tower, and have received no complaints from the public or from Santa Clara County. I have included as-built drawings, however the pictures I have included show the current site conditions and we are requesting a renewal based on substantial compliance. Please let me know if you have any questions, or need anything from me. Thank you, Jason Osborne 4240 Rose Arbor Way Vallejo, Ca 94591 415-559-2121 Jason.osborne(u~nsawireless.com CA-0898 Pollard Rd.