Co-issued CUP - Wireless - Expires 11-22-2016MEMORANDUM
To: File
From:
Subject:
Address
Daniel Fama, Assistant Planne~
Date: November 4, 2011
Permit Status of a Wireless Telecommunications Facility
16146 Mozart Avenue (APN: 424-06-118)
Issue: A T-Mobile representative attempted to obtain a building permit for a minor alteration to
an existing AT&T (co-location) wireless telecommunications facility located at 16146 Mozart
Avenue. This facility was permitted by Santa Clara County in 2004 prior to annexation into the
City of Campbell in 2006. The T-Mobile representative provided a copy of the County Use
Permit/Architectural Approval for the facility, the validly of which was subsequently verified by
Santa Clara County Planning staff (Planner Pamela Wu). This entitlement does not include an
approval expiration date. Ms. Wu confirmed that the County did not impose an approval
expiration on this entitlement. As a valid County land use approval recognized by the City, the
issue arose was the entitlement subject to the amortization period specified by CMC Sec.
21.34.060(E):
E. Length of permit term. Use permits and site and architectural review permits for all wireless
telecommunications facilities shall expire five years after permit approval. Site and architectural or use
permits for wireless telecommunications facilities that exist on the effective date of the ordinance
codified in this chapter shall expire five years from that date or upon expiration of the permit term,
whichever is earlier.
Resolution: The City Attorney's opinion is that CMC 21.34.060(E) would apply from the date of
annexation (November 22, 2006 -the date of the LAFCO Certificate of Completion on file with
the Office of the City Clerk). However, the five years specified by this section is superseded by
State law that deems an approval period of less than 10 years as presumptively unreasonable.
Therefore, the land use approval for this facility is valid until November 22, 2016.
Encl: SCC Conditions of Approval
cc: Paul Kermoyan, Planning Manager
Steve Prosser, Associate Planer
Laserfiche
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`~~ Community Development Department
°R ~ H A a° ~ Planning Division
70 NoRh First Street •Campbell, CA 95008-1423 • TEL (408) 866-2140 • F.ax (408) 866-5140 • E-Main planning@cityofcampbell.com
Use Permit
Conditions of Approval
File Number: 6462-32-56-04P-04A-04EA
Applicant: Cingular Wireless
Owner: Arnold Tobias
Meeting Date: September 2, 2004
APPLICATION APPROVED SUBJECT TO CONDITIONS STATED BELOW
IN ACCORDANCE WITH PLANS AS SUBMITTED.
Development must take place in accordance with approved plans.
Project approval includes a 70-foot monopole, three pair of antenna
assembly flush-mounted on top of the monopole, existing antennas
relocated at 54-foot and 62-foot elevations, four additional pre-
fabricated equipment cabinets, and 6-ft high wood fence around the
entire leasehold area (approximately 453 s.f.).
2. Comply-with conditions of Architectural & Site Approval (Exhibit B).
3. All telecommunications equipment installed on site shall comply with
the standards of the FCC for health, safely, and other pertinent
requirements.
4. All telecommunications related equipment shall be removed from the
site within six (6} months after the equipment is no longer in use.. This
shall require obtaining a demolition permit from the County Building
Inspection Office.
5. The.permittee shall keep the property-free of graffito which invisible
from .the street ox o, ther,.public.or private.property "Graffito'` means
any.unauthorized.inscriplion; writng'Iettering; word; fgure;`mark,
design or other inscribed material that is written, znarked','etched;
seratehed;:drawn,°painted or otherwise placed, on any structures,
,~ fences; or otherpermanent or temporary surfaces.
6. In the event that human skeletal remains are encountered, the
applicant is required by County Ordinance No. Bb-18 to immediately
notify the County Coroner. Upon determination by the County
Coroner that the remains are Native American, the coroner shall
contact the California Native American Heritage Commission,
pursuant to subdivision (c) of section 7050.5 of the Health and Safety
Code and the County Coordinator of Indian affaixs. No further
disturbance of the site maybe made except as authorized by the
County Coordinator Of Indian Affairs in accordance with the
provisions of state law and this chapter. If artifacts are found on the
site a qualified archaeologist shall be contacted along with the County
Planning Office. No further disturbance of the artifacts may be made
except as authorized by the County Planning Office.
S~~r3't
Architectural & Site Approval
Conditions of Approval
File Number: 6462-32-56-04P-04A-04EA
Applicant: Cingular Wireless
Owner: Arnold Tobias
Meeting Date: September 2, 2004
APPLICATION APPROVED SUBJECT TO CONDITIONS STATED BELOW
TN ACCORDANCE WITH PLANS AS SUBMITTED.
ltems marked with an asterisk (*) must be completed prior to issuance o£ a
building permit. Items marked with a double asterisk (**) must be completed
prior to final inspection.
Planning Office (contact Pamela Wu at 408-29-5775 for information)
1. Development for the proposed antenna, support structure, and equipment
cabinets shall take place in accordance with approved site plans and
elevations. ~
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2 * Submit a letter stating the coordinates of the antenna location. The
coordinates shall be established by use of a GPS and shall be in the
following format: Califorxua State Plane, Zone 3, Units Feet, NAD 83.
3.* Submit color chips from-the paint manufacturer of the paint product for
review and approval by the Architectural and Site Approval Secretary.
Monopole and antenna assemblies are to be painted a dark matted, non-
reflective gray color, to match the existing approved color, Behr #3A-46-4
/ Winter Night). All painted surfaces are to be maintained during the
term of this approval.
4.* Equipment eabinet;is to be;painted to-blend into the surrounding
landscape; submit color chips for review and approval by the
Architectural:and Site Approval ;Secretary ;.
5. No signs are approved at this time, except for informational, sign that
provide phone numbers to be used in case of an emergency. Such signs
shall be limited to an area of one square foot.
6. Provide UNDERGROUND UTILITIES for alI new construction.
7. No additional access roads are approved at this time.
No lighting is approved at this time.
Environmental Health Services (contact Gwen Sax - 408 / 299-5748 for
information)
9 * The proposed project does not include aback-up generator or any
hazardous material. However if hazardous material is proposed, submit
plans and associated documentation along with any fees required to the
Hazardous Materials Compliance Division (HMCD) of the Department of
Environmental Health. Contact HMCD at 408 / 918-3400 to ensure all the
appropriate applications, information and documents are included in the
plan submittal. Submit the plans to 1555 Berger Drive, Suite 300, San Jose,
CA 95112-2716.
If no hazardous material is proposed with the application, state so with
the building permit submittal.
10."` Obtain project clearance from Department of Environmental Health
Hazardous Materials Compliance Division. Ca11408-918-3400.
If no hazardous material is proposed with the application, state so with
the building permit submittal.
Building Inspection Office /Other (Contact 408/299-5700 for more information}
11. For detailed information about the requirements for a building permit,
obtain a Building Permit Application Instruction handout from the Office
of Building Inspection or visit their website (www.sccbuilding.org).