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Use Permit - Clearwire - 2010CITY of CAMPBELL Community Development Department July 14, 2010 Ms. Charnel James NSA Wireless, Inc., for Clearwire 2000 Crown Canyon Place, Suite 400 San Ramon, CA 94583 Re: PLN2010-47 - 700 W. Hamilton Avenue -Use Permit - Clearwire, LLC Dear Applicant: Please be advised that at its meeting of July 13, 2010, the Planning Commission adopted Resolution No. 3992 approving a Conditional Use Permit (PLN2010-47) to allow the installation of new wireless-data antennas on existing roof-mounted wireless telecommunication tripod antenna poles and related ground-mounted equipment 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 23, 2010. 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, do not hesitate to contact me at (408) 866-2140. Sincerely, Steve Prosser Associate Planner cc Scott Cooley (Property Owner) 700 W. Hamilton Avenue Campbell, CA 95008 RESOLUTION NO. 3992 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2010- 47) TO ALLOW THE INSTALLATION OF NEW WIRELESS-DATA ANTENNAS ON EXISTING ROOF-MOUNTED TELECOMMUNICATION TRIPOD ANTENNA POLES AND RELATED GROUND-MOUNTED EQUIPMENT ON PROPERTY OWNED BY MR. SCOTT COOLEY LOCATED AT 700 W. HAMILTON AVENUE IN A C-2 (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. CHARNEL JAMES, ON BEHALF OF CLEARWIRE, LLC. FILE NO.: PLN2010-47. 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 PLN2010-47. Environmental Finding The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. Evidentiary Findings 1. The Zoning District for this property is C-2 (General Commercial). 2. The General Plan land use designation for this property is General Commercial, the proposed roof mounted wireless antennas on existing roof mounted tripod poles telecommunications antennas are integrated as much as reasonably possible, as modified per the Conditions of Approval, in compliance the General Plan Land Use Element: a. Strategy LUT-9 31' Wireless Telecommunication Facilities: Minimize the visual impact of wireless telecommunication facilities by designing them as an integral architectural feature to a structure. 3. Non-stealth wireless telecommunication facilities are permitted in the C-2 (General Commercial) Zoning District subject to the approval of a Conditional Use Permit. 4. The wireless telecommunications facility consists of the installation of wireless antennas on two existing roof mounted tripod poles and the installation of associated ground mounted mechanical equipment within an existing screening equipment enclosure. 5. The purpose of discretionary review of wireless telecommunications facilities is to minimize the adverse visual impacts and operational effects of these facilities using appropriate design, siting and screening techniques while providing for the personal communications needs of residents, local business and government of the city and the region. Planning Commission Resolution No. 3992 PLN2010-47 - 700 W. Hamilton Avenue -Use Permit - Clearwire, LLC Page 2 6. The Planning Commission has found that this project satisfies all applicable requirements governing development of wireless telecommunications facilities pursuant to Chapter 21.34 of the Campbell Municipal Code, including but not limited to: • Associated ground-level equipment is fully screened within an existing equipment enclosure; ^ The proposed wireless telecommunication facility will be unmanned, and therefore not incur traffic generation; • The proposed antennas would be mounted on existing roof mounted tripod poles in conformance with current regulations; The proposed wireless telecommunication equipment satisfies applicable FCC exposure requirements and is therefore compatible with adjacent residential uses ; and, ^ The wireless telecommunication facility provides a beneficial service to the City in manner harmonious with the community. Based upon the foregoing findings of fact and pursuant to Section 21.46.040 of the Campbell Municipal Code, the Planning Commission further finds and concludes that: 1. 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 Campbell Municipal Code as conditioned; 2. The proposed use is consistent with the General Plan; 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 modified 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. Planning Commission Resolution No. 3992 PLN2010-47 - 700 W. Hamilton Avenue -Use Permit - Clearwire, LLC Pape 3 THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2010-47) to allow the installation of new wireless-data antennas on existing roof-mounted wireless telecommunication tripod antenna poles and related ground- mounted equipment on property owned by Mr. Scott Cooley located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. 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. Approved Project: Approval is granted for a Conditional Use Permit (PLN2010-47) to allow installation of new wireless-data antennas on existing roof mounted wireless telecommunication tripod antenna poles and related ground mounted equipment located at 700 W. Hamilton Avenue. The project shall substantially conform to the project plans dated as received on March 19, 2010, except as modified by the Conditions of Approval contained herein. a. The maximum height of the proposed wireless antennas shall, as mounted on the existing roof mounted tripod poles, shall not exceed six feet above the existing parapet of the roof. The applicant shall submit three copies of revised project plans showing compliance with the maximum height requirement herein. 2. 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. 3. 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. 4. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Conditional Use Permit shall be required prior to use or reuse of the site. Planning Commission Resolution No. 3992 PLN2010-47 - 700 W. Hamilton Avenue -Use Permit - Clearwire, LLC Page 4 5. Length of Permit Term: This Use Permit shall expire ten years after permit approval, on July 13, 2020. If the use is to continue after that time, the applicant shall apply for a new permit. 6. Security Reauired: Within thirty (30) days of Planning Commission 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 proposed wireless antennas and associated equipment in the event that its use is abandoned or its Conditional Use Permit expires or is terminated and the equipment is not voluntarily removed. 7. Upgrading of Facility Reauired: 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. 8. Business License Required: Each service provider with a wireless telecommunications facility in the City shall obtain a city business license. 9. 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. 10. Maintenance: All maintenance on the antennas is to be performed between the hours of 7 a.m. and 9 p.m. with the exception of emergency repairs. 11. 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. 12. Impact on Parking: The installation of wireless telecommunication facilities shall not reduce required parking on the site. 13. 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. Waminq 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, Planning Commission Resolution No. 3992 PLN2010-47 - 700 W. Hamilton Avenue -Use Permit - Clearwire, LLC Page 5 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 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. f. Compatibility with City EmergencLr Services: The facility shall not be operated or 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. 14. Liclhtinq: 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. Noise: The wireless telecommunication facility, including power source, ventilation and cooling facility, shall not generate noise discernible beyond the property lines. 16. 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. 17. 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. 18.Odors: The testing of back-up generators shall not produce odors that adversely affect persons occupying residential, office or commercial uses. Planning Commission Resolution No. 3992 PLN2010-47 - 700 W. Hamilton Avenue -Use Permit - Clearwire, LLC Page 6 19.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 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. 20. 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 FCC 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. 21. 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 Community Development 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 Community Development Director may refer the matter to the Planning Commission for consideration of modification or revocation of the permit. 22. 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. Building Division: 23. Permits Required: A building permit application shall be required for the proposed antenna structures. The building permit shall include Electrical/Plumbing/Mechanical 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 minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. Planning Commission Resolution No. 3992 PLN2010-47 - 700 W. Hamilton Avenue -Use Permit - Clearwire, LLC Page 7 26. Ptan 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. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department PASSED AND ADOPTED this 13`h day of July, 2010, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Alster, Cristina, Ebner, Gibbons, Rocha and Roseberry None None Reynolds G ~~~..~ APPROVED '~ iz~ th Gibbons, Chair ATTEST: ',! Hei ichs, Secretary