PC Res 4111RESOLUTION NO. 4111
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2013-33) TO ALLOW MODIFICATION AND CONTINUED
OPERATION OF AN EXPIRED SPRINT WIRELESS
TELECOMMUNICATINS FACILITY ON PROPERTY OWNED BY
KIRKORIAN ENTERPRISES LOCATED AT 1630 W. CAMPBELL
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 PLN2013-33:
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 project site is the Kirkwood Plaza Shopping Center, located along West
Campbell Avenue, west of San Tomas Aquino Road.
2. The project site is located within the C-1 (Neighborhood Commercial) Zoning District
and is designated Neighborhood Commercial by the General Plan Land Use
Diagram.
3. The subject wireless telecommunications facility is not a "stealth facility", as defined
by the Campbell Municipal Code.
4. Alterations to existing non-stealth wireless telecommunications facilities require
approval of a Conditional Use Permit.
5. The proposed Conditional Use Permit would allow modification and continued
operation of an expired Sprint wireless telecommunications facility.
6. Proposed modifications to the facility include replacement of three (3) existing panel
antennas, installation of six (6) remote radio units, and installation of new equipment
within an existing enclosure.
Planning Commission Resolution No. 4111
PLN2013-33 - 1630 W. Campbell Avenue -Conditional Use Permit -Sprint
Page 2
7. This wireless telecommunications facility was originally permitted pursuant to
Conditional Use Permit UP 96-17, approved by the Planning Commission on January
14, 2007 for a period five years. Subsequently, an Administrative Site and
Architectural Review Permit (PLN2002-111), approved by the Community
Development Director on April 21, 2003, extended the approval until April 21, 2008.
8. Installation of remote radio units directly onto the wireless telecommunications facility
would substantially change the physical dimensions of the facility and detract from the
original design intent of the facility as a lighting standard.
9. Placement of the remote radio units at the base of the wireless telecommunications
facility would not substantially change the physical dimensions of the facility and
would be consistent with the original design intent of the facility as a lighting standard.
10. A condition of approval will require installation of the remote radio units at the base of
the wireless telecommunications facility.
11. As conditioned, the Conditional Use Permit application would be in compliance with
General Plan Strategy LUT-9.31:
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.
12. 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.
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.
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.
Planning Commission Resolution No. 4111
PLN2013-33 - 1630 W. Campbell Avenue -Conditional Use Permit -Sprint
Page 3
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 (PLN2013-33) to allow modification and continued operation of an expired
Sprint wireless telecommunications facility on property owned by Kirkorian Enterprises
located at 1630 W. Campbell Avenue.
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 (PLN2013-33)
to allow modification of an existing Sprint wireless telecommunications facility on
property located at 1630 W. Campbell Avenue. The project shall substantially
conform to the Revised Project Plans dated as received July 15, 2013, except as
modified by the Conditions of Approval contained herein.
2. Previous Permits: Conditional Use Permit UP 96-17 and Administrative Site and
Architectural Review Permit PLN2002-111 are expired and are herein superseded by
this Conditional Use Permit, and all associated conditions of approval herein.
3. Revisions to Plans: The approved project plans shall be revised upon building
permit submittal to indicate the following:
Planning Commission Resolution No. 4111
PLN2013-33 - 1630 W. Campbell Avenue -Conditional Use Permit -Sprint
Page 4
a. Remote radio units (RRU) shall be installed at the base of the wireless
telecommunications facility. The RRUs and associated ground mounting shall
be concealed in a manner approved by the Community Development Director.
b. All cabling, including fiber optic, coaxial, and electrical, shall concealed by an
exterior sheathing around the pole. The sheathing shall be textured and
colored to match the tower to the greatest extent possible.
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. Length of Permit Term: This Use Permit shall expire on August 3, 2023. If the
facility is to continue operation after such time, a new application for a Conditional
Use Permit shall be required.
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 7 a.m. and 9 p.m. with the exception of emergency repairs.
Planning Commission Resolution No. 4111
PLN2013-33 - 1630 W. Campbell Avenue -Conditional Use Permit -Sprint
Page 5
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.
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 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.
Planning Commission Resolution No. 4111
PLN2013-33 - 1630 W. Campbell Avenue -Conditional Use Permit -Sprint
Page 6
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 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 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.
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
Planning Commission Resolution No. 4111
PLN2013-33 - 1630 W. Campbell Avenue -Conditional Use Permit -Sprint
Page 7
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.
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
APPROVED: -'~°"~ ~~~-'
Paul Resnikoff, Acting Chair
ATTEST:
a it ~ ~rmoyan, Secretary