PC Res 4076RESOLUTION NO. 4076
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2012-41) TO ALLOW MODIFICATION OF AN
EXISTING SPRINT WIRELESS TELECOMMUNICATIONS
FACILITY ON A PG&E TOWER ON PROPERTY LOCATED AT
1849 POLLARD ROAD.
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 PLN2012-41:
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
The Zoning District for the subject property is P-D (Planned Development,)
2. The General Plan land use designation for this property is Low-Medium Density
Residential and the proposed wireless telecommunications antennas are integrated
into the existing electrical tower as much as reasonably possible, in compliance the
General Plan Land Use Element:
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. The requested Conditional Use Permit is for replacement of existing antennas and
related equipment on an existing PG&E transmission tower and an extension of a
previous project approval.
4. This wireless telecommunications facility was originally permitted pursuant to
Conditional Use Permit /Site and Architectural Review Permit UP 98-09 / S 98-22,
approved by Planning Commission Resolution No. 3204. The approval for the
facility was extended to November 24, 2013 by Conditional Use Permit PLN2007-
70, approved by Planning Commission Resolution No. 3818.
5. Non-stealth wireless telecommunication facilities are permitted in the P-D (Planned
Development) Zoning District subject to the approval of a Conditional Use Permit.
6. The purpose of discretionary review of wireless telecommunications facilities is to
minimize the adverse visual impacts and operational effects of these facilities using
Planning Commission Resolution No. 4076
PLN2012-41 - 1849 Pollard Road -Conditional Use Permit -Sprint
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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.
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 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a
Conditional Use Permit (PLN2012-41) to allow modification of an existing Sprint
wireless telecommunications facility on a PG&E Tower on property located at 1849
Pollard Road.
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
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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 (PLN2012-41)
to allow modification of an existing Sprint wireless telecommunications facility on a
PG&E transmission tower on property located at 1849 Pollard Road. The project
shall substantially conform to the Revised Project Plans and Revised Project
Description dated as received April 6, 2012, except as modified by the Conditions
of Approval contained herein.
2. Previous Permit: Upon the effective date of the Resolution approving this
Conditional Use Permit (PLN2012-41), the previously approved Conditional Use
Permit (PLN2007-70) and Conditional Use Permit with Site & Architectural Review
(UP 98-09 / S 98-22) for operation of the Sprint wireless telecommunications site
located at 1849 Pollard Road shall be void and shall permanently be superseded by
the Conditional Use Permit approved herein.
3. Modification to Plans: Replacement of the existing panel antennas shall be
performed concurrently with removal of existing panel antennas. Construction
drawings fora building permit shall clearly indicate concurrent removal and
installation of the antennas without installation of H-frames.
4. 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.
5. 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.
6. 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.
7. Lenath of Permit Term: This Use Permit shall expire on November 24, 2023. If the
use is to continue after that time, the applicant shall apply for a new permit.
8. Upgrading of Facility Required: If technological improvements or developments
occur which allow the use of materially smaller or less visually obtrusive
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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 Reauired: 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 7 a.m. and 9 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. 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. 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 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.
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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 Emergency 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.
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 incurred by this department, the office of the
City Attorney or any other appropriate City department or agency. The Cammunity
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 FCC for that radio frequency provided that the transfer is
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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 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.
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.
Building Division:
24. 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.
25. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
26. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
27. Plan 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.
28. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate.
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PASSED AND ADOPTED this 26th day of June, 2012, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Brennan, Gibbons, Resnikoff and Roseberry
None
Alster and Ebner
Reynolds
'~ ~~
APPROVED: ~GC~
ob Roseberry, ing Chair
ATTEST:
Paul Kerr~foyan, Secretary