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Admin Site - Wireless - 2009December 4, 2009 Clearwire, LLC Attn: James Cosgrove 56 Bay Rd. Fairfax, CA 94930 Re: File No: PLN2009-127 Address: 375 Budd Ave. (John D. Morgan Park) Application: Administrative Site and Architectural Review Permit Dear Mr. Cosgrove, On December 3, 2009, the Community Development Director conditionally approved your Administrative Site and Architectural Review Permit to allow the installation of Clearwire `Wi- Max' wireless data antennas and equipment on an existing stealth wireless telecommunications facility located at the above referenced address in a P-F/O-S (Public Facilities/Open Space) Zoning District. This approval is subject to the attached Conditions of Approval and is valid for a period of 10 .~ commencing from the date of approval. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5:00 p.m. on December 13, 2009. Please note that pursuant to Planning Division Condition of Approval #1, a signed copy of the attached Conditions of Approval must be received by the Planning Division within thirty days of the Community Development Director's decision. If you should have any questions regarding this approval, please do not hesitate to contact me at (408) 866-2193 or by email at danielfn,citvofcampbell.com. Sincerely, Daniel Fama Assistant Planner encl: Conditions of Approval for File No. PLN2009-127 cc: Paul Kermoyan, Planning Manager CONDITIONS OF AI'PItUVAL hOR [+ILL NO. PLN2009-127 SI'I'I: AUI)RESS APPLICAN'T': ~7~ E3ucid Ave. C'learwire. LLC t)cccmber i, 2009 The applicant is hereby notified, as part of this application, that he/she is required to meet the 1i~llowing conditions in accordance with the ordinances of the ('ity of Campbell and the State of C'alitbrnia. Where approval by the Community Development Director. City Engineer, Public Works Director, City Attorney, or Fire Departmc;nt is required, that review shall be #~n• compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws quid regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby noti#ied that he/she is required to comply with all applicable Codes or Ordinances of`the City oPCampbell and the State of California that pertain to this developmenC and are -tot herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. lleclaration of Acceptance of All Conditions: Within thirty (i0) days oi` Community Development Director approval, the applicant shall sign the final, approved set. of Conditions of Approval Until said Conditions are signed, the approved Administrative Site and Architectural Review Permit shall not be valid for any permits sought from the City. Acicnowiedge<i-St-~cepted: ~L~ ~~, Clearwirc, LLC Date 2. Approved Proiect: Approval is granted for an Adrnii~istrative Site and Architectural [Zcview Permit (PLN2U09-127) to allow installation of a stealth Clearwirc `Wi-Vlax' wireless-data facility on an existing stealth monopole located at 375 Budd Avenue. "1`he pc~ject shall substantially conform to the project plans and project description received by the Planning Division on September 30, 2009, except as may be modilied by the conditions of approval contained herein. 3. Revocation of Permit: Operation of the use in violation o{' the Administrative Site and Architectural Review 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 Review Permit by the Community Development Director 4. Cessation of Operations: "fhe service provider shall provide written uoti#ieation 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 130 days of termination of its lease with the property owner or cessation of operations, whichever comes earlier. Conditions of Approval - PLC J09-127 Page 2 5. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Administrative Site and Architectural Review Permit shall be required prior to use or reuse of the site. 6. Length of Permit Term: The Administrative Site and Architectural Review Permit approved herein shall be valid for a period of ten (10) years from the effective date of the Community Development Director approval. 7. Security Required: Within thirty (30) days of Community Development Director approval, 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 use permit or site and architectural review permit expires or is terminated and the equipment is not voluntarily removed. 8. 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 Use Permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 9. Business License Required: Each service provider with a wireless telecommunications facility in the City shall obtain a city business license. 10. 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. 11. Maintenance: All maintenance on the antennas is to be performed between the hours of 6 a.m. and 11 p.m. with the exception of emergency repairs. 12. Maintenance of Finish: It is an ongoing obligation of the applicant, assignees and successors in interest to maintain all components of the antennas 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 with a matching color as soon as practical. 13. Impact on Parking: The installation of wireless telecommunication facilities shall not reduce required parking on the site. 14. Safet 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 Conditions of Approval - PL~ _J09-127 Page 3 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 the current FCC adopted RF/EMF emission standards; violation of this condition shall be grounds for revocation. d. Hazardous Materials: If the contents of the equipment cabinet/building or base transceiver station contain toxic or hazardous materials, a sign shall be placed on or around the exterior of the base transceiver station or equipment cabinets and building warning the public. e. Periodic Safety Monitoring: The wireless telecommunications service provider shall submit to the 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. £ 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. g. 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. 15. Li htin :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. 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: Back-up 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 persons occupying residential, office or commercial uses. 20. Implementation and monitoring costs: The wireless telecommunications service provider or its successor shall be responsible for the payment of all reasonable costs associated with the monitoring of the conditions of approval contained in this authorization, including costs Conditions of Approval - PLi ._J09-127 Page 4 incurred by this department, the office of the city attorney or any other appropriate city department or agency. The community development department shall collect costs on behalf of the city. 21. Transfer of Operation: Any carrier/service provider authorized by the community development director or by the planning commission to operate a specific wireless telecommunications facility may assign the operation of the facility to another carrier licensed by the F'CC for that radio frequency provided that the transfer is made known to the community development director in advance of the operation and all conditions of approval for the subject installation are carried out by the new carrier/service provider. However, the carrier/service provider may, without advance notification, transfer operations of the facility to its general partner or any party controlling, controlled by or under common control with the carrier/service provider. 22. Complaints and Proceedings: Should any party complain to the wireless telecommunications service provider about the installation or operation of the facilities, which complaints are not resolved by the wireless telecommunications service provider, the wireless telecommunications service provider (or its appointed agent) shall advise the Director of the complaint and the failure to satisfactorily resolve such complaint. If the director determines that a violation of a condition of approval has occurred, the Director may refer the matter to the Planning Commission for consideration of modification or revocation of the permit. 23. Severability: If any clause, sentence, section or any part of these Conditions of Approval is for any reason held to be invalid, such invalidity shall not affect or impair other of the remaining provisions, clauses, sentences, or sections of these conditions. It is hereby declared to be the intent of the City that these Conditions of Approval would have been adopted had such invalid sentence, clause or section or part thereof not been included herein.