PC Res 4110RESOLUTION N0.4110
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2012-232) TO ALLOW MODIFICATION AND
CONTINUED OPERATION OF AN EXISTING SPRINT WIRELESS
TELECOMMUNICATIONS FACILITY ON PROPERTY OWNED BY
MR. ARNOLD TOBIAS LOCATED AT 16146 MOZART AVENUE.
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 file number PLN2012-232:
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 subject property is within the P-O (Professional Office) zoning district.
2. The General Plan land use designation for this property is Professional Office and the
proposed modification to an existing wireless telecommunications facility, as
conditioned, is 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 and the installation of a new microwave antenna on an existing
freestanding monopole.
4. This wireless telecommunications facility was originally permitted by Santa Clara
County in 2004 prior to annexation into the City of Campbell. As the subject property
was annexed into the City of Campbell in 2006, the modification request is subject to
the City's Wireless Telecommunication Ordinance, whereby any modification of the
facility would trigger discretionary review.
5. Non-stealth wireless telecommunication facilities are permitted in the P-O (Professional
Office) zoning district subject to the approval of a Conditional Use Permit.
Planning Commission Resolution No. 4110
PLN201232 - 16146 Mozart Avenue -Conditional Use Permit
Page 2
6. 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.
7. The proposed wireless facility modification proposed by the applicant with larger
antennas and an expanded antenna array constitutes a "substantial change" from the
originally approved design. As such, the design modifications set forth in the attached
Conditions of Approval are consistent with the standards set forth within the City's
Wireless Telecommunication Ordinance regarding the height, placement and design of
wireless facilities.
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 (PLN2012-232) to allow modification and continued operation of an existing
Sprint wireless telecommunications facility on property owned by Mr. Arnold Tobias
located at 16146 Mozart Avenue.
Planning Commission Resolution No. 4110
PLN201232 - 16146 Mozart Avenue -Conditional Use Permit
Page 3
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:
Approved Project: Approval is granted for a Conditional Use Permit (PLN2012-232) to
allow modification of an existing Sprint wireless telecommunications facility on an
existing freestanding monopole that includes replacing existing antennas with new LTE
antennas and the installation of one microwave antenna and multiple remote radio
units (RRUs) on property located at 16146 Mozart Avenue. The project shall
substantially conform to the Revised Project Plans and Project Description dated as
received on August 13, 2013 and October 25, 2012, respectively, except as modified
by the Conditions of Approval contained herein.
2. Modification to Plans: Replacement of the existing panel antennas shall be performed
concurrently with removal of existing panel antennas. Construction drawings for a
building permit shall clearly indicate concurrent removal and installation of the
antennas without installation of H-frames.
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. 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.
5. 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.
6. Length 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.
Planning Commission Resolution No. 4110
PLN201232 - 16146 Mozart Avenue -Conditional Use Permit
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7. 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.
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. 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.
Planning Commission Resolution No. 4110
PLN201232 - 16146 Mozart Avenue -Conditional Use Permit
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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.
14. 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.
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: No Back-up generator has been approved for this project.
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.
19.Implementation and monitorin 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,
Planning Commission Resolution No. 4110
PLN201232 - 16146 Mozart Avenue -Conditional Use Permit
Page 6
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 structure and/or associated equipment. 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. by 36 in.
26. 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.
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.
28. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permits,
in accordance with C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
Planning Commission Resolution No. 4110
PLN201232 - 16146 Mozart Avenue -Conditional Use Permit
Page 7
29. Non-point Pollution Control Program: The City of Campbell, standard Santa Clara
Valley Non-point Source Pollution Control Program specification sheet shall be part of
plan submittal. The specification sheet (size 24" X 36") is available at the Building
Division service counter.
30. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department (378-4010)
PASSED AND ADOPTED this 13th day of August, 2013, by the following roll call vote:
AYES: Commissioners: Finch, Gibbons, Resnikoff and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners Brennan
ABSTAIN: Commissioners: Reynolds
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APPROVED: ~'~ ~~ ~ ~'"~~
Paul Resni ff, Actin hair
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ATTEST:
Pau a oyan, Secretary