PC Res 3572
RESOLUTION NO. 3572
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2004-
23) TO ALLOW THE INSTALLATION OF A NEW WIRELESS
TELECOMMUNICATIONS FACILITY CONSISTING OF A CO-LOCATION
OF PANEL ANTENNAS ON A NEW STEALTH REDWOOD TREE
MONOPOLE AND ASSOCIATED GROUND-MOUNTED UTILITY
CABINET ENCLOSURES ON PROPERTY OWNED BY THE CITY OF
CAMPBELL LOCATED AT JOHN D. MORGAN PARK, 540 W. RINCON
AVENUE IN A P-F/O-S (PUBLIC FACILITIES/OPEN SPACE) ZONING
DISTRICT. APPLICATION OF MR. ZACHARY CARTER, ON BEHALF OF
CINGULAR WIRELESS. FILE NO.: PLN2004-23.
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 PLN2004-23:
I. Wireless telecommunication facilities are permitted in the P-F/O-S (public Facilities/Open
Space) Zoning District. The Wireless Telecommunications Facilities Ordinance allows
stealth co-location sites to be approved at staff level by the Community Development
Director by a Site and Architectural Review Permit. The Community Development Director
has the discretion to alternately require a Conditional Use Permit when it is found that the
project is of a size and nature that would warrant the consideration of the Planning
Commission through the public hearing process. Due to the location of the facility on City
owned property within a public park the Community Development Director has found that
the project warrants review by the Planning Commission.
2. The facility consists of a new 65-foot tall monopole that would be constructed to look like a
Redwood tree. The tree pole would be surrounded by other Redwood trees ranging in height
from 50 feet to 59 feet tail.
3. Cingular Wireless would mount six panel antennas to the tree pole at a maximum height of 60
feet.
4. The associated ground mounted equipment cabinets would be located adjacent to the base of the
tree pole. The cabinets and the base of the tree pole would be surrounded by a six-foot tall
wooden fence painted brown to blend in with the surrounding area.
5. The maximum building height in the P-F/O-S Zoning District is the maximum permitted
height of the most restrictive abutting zoning district, which is the R-I-6 (Single-Family
Residential) Zoning District. The height restriction in this zoning district is 35 feet. The
height of the proposed tree pole is 65 feet. The Planning Commission may allow higher
structures when it is found to be necessary to maintain the purpose of the district.
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PLN2004-23 - 540 W. Rincon Avenue -Conditional Use Permit - Cingular Wireless
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6. The installation of the wireless antenna facility will not have an impact on the existing
parking for the park and no additional parking is required for this project.
7. The location and mounting techniques of the stealth tree pole facility is a preferred siting and
mounting technique under the Wireless Telecommunications Facilities Ordinance.
8. The project qualifies as a Categorically Exempt project under Section 15303, Class 3 of the
California Environmental Quality Act (CEQA) pertaining to the construction of new small
facilities and structures.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The project is consistent with the General Plan and Zoning Ordinance.
2. The establishment, maintenance, or operation of the use will not be detrimental to the public
health, safety, peace, morals, comfort or general welfare of persons residing or working in
the neighborhood of such proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare ofthe City.
3. The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features required in order
to integrate said use with uses in the surrounding area.
4. The project is compatible with the uses in the area.
5. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
6. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant adverse
impact on the environment.
7. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (pLN2004-23) to allow the installation of a new wireless telecommunications facility
consisting of a co-location of panel antennas on a new stealth Redwood tree monopole and
associated ground-mounted utility cabinets enclosures on property owned by the City of
Campbell located at John D. Morgan Park, 540 W. Rincon Avenue, in a P-F/Open Space
(Public Facilities/Open Space) Zoning District, subject to the following conditions.
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
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PLN2004-23 - 540 W. Rincon Avenue -Conditional Use Permit - Cingular Wireless
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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
Plannini! Division:
1. Approved Project: Approval is granted for a Conditional Permit to allow the establishment of
a stealth wireless telecommunications facility located in John D. Morgan Park located at 540
W. Rincon Avenue. Project approval shall substantially comply with project plans prepared
by Cingular Wireless and stamped as received by the Planning Division on April 12, 2004,
except as modified by the conditions of approval contained herein.
2. Development Approval Expiration: The Conditional Use Permit approval shall be valid for
one year from the date of final approval. Within this one-year period a building permit must
be issued or the Conditional Use Permit shall expire and be deemed void without further
notification by the City.
3. Length of Permit Term: This Conditional Use Permit shall expire five years after the date of
permit approval, on June 8, 2009. If the use is to continue, the applicant shall apply for a
new permit for an additional five-year period. If technological improvements or
developments occur which allow the use of materially smaller or less visually obtrusive
equipment at this time or the facility is conflicting with park facilities, the service provider
will be required to replace or upgrade the approved facility upon application for a new
Conditional Use Permit application to minimize adverse effects related to land use
compatibility, visual resources, public safety or other environmental factors.
4. Maintenance of Finish: It is an ongoing obligation of the applicant, assignees and successors
in interest to maintain all components of the tree pole and the exterior finish of the structures
and equipment, including camouflaged antenna socks, approved by this permit in good order.
Graffiti shall be removed by repainting the surface of the structure or equipment as soon as
practical.
5. Fencing Plan: Prior to the issuance of building permits for the project, the applicant shall
submit four (4) sets of a fencing plan for review and approval by the Community
Development Director. The fencing plan shall include information regarding the design and
details of the fence and shall be constructed of an attractive and durable material. All fencing
shall be installed to the satisfaction of the Community Development Director prior to a final
building inspection.
6. Landscape Plan: Prior to the issuance of building permits for the project, the applicant shall
submit four (4) sets of a detailed landscape and irrigation plan for review and approval by the
Community Development Director. All landscaping shall be installed to the satisfaction of
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the Community Development Director prior to a final building inspection. Landscape and
irrigation plans shall be consistent with the City's Water Efficient Landscaping Standards
(WELS) and shall include:
a. New landscaping around the perimeter of the equipment enclosure that includes shrubs
and a species of plant that has thorns or other undesirable characteristics to serve as a
deterrent for unauthorized people trying to get into the enclosure.
7. Maintenance of Landscaping: It is an ongoing obligation of Cingular Wireless, assignees and
successors in interest to maintain the landscaping that is required as part of this permit.
8. 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.
9. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of
operations, a new Site and Architectural Review Permit or Use Permit shall be required prior
to use or reuse of the site.
10. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the
Campbell Municipal Code. The applicant shall comply with all plan submittals, permitting
and fee requirements of the serving utility companies.
II. Cables: All external cables or equipment shall be obscured from public view by enclosing
them in architecturally designed cabinets/enclosures painted to match the structure.
12. Business License Required: Each service provider with a wireless telecommunication
facility in the City shall obtain a city business license.
13. Compatibility With City Emergency Services: The facility shall not be operated, nor 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.
14. Lighting: 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. 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.
16. Noise: The wireless telecommunication facility, including power source, ventilation and
cooling facility, shall not generate noise discernible beyond the property lines.
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17. Back-Up Generators: Backup 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 the
public.
20. Maintenance Hours: Normal maintenance activities shall only occur between the hours of
7:00 a.m. to 5:00 p.m. Monday through Saturday, excluding emergency repairs.
21. Security Required: Prior to issuance of a building permit, the applicant shall provide a cash
deposit or other reasonable form of security satisfactory to the City Attorney, in an amount
reasonably sufficient to cover the cost of the removal of the facility in the event that its use is
abandoned or its Conditional Permit expires or is terminated and the equipment is not
voluntarily removed. An estimate of the cost of removal shall be provided for review by the
City prior to submittal of security.
22. 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 then current FCC adopted RF/EMF emission standards; violation of this
condition shall be grounds for revocation.
d. 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.
Dundin!! Division:
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PLN2004-23 - 540 W. Rincon Avenue -Conditional Use Permit - Cingular Wireless
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23. Permits Required: A building permit application shall be required for the proposed antenna
structure. The building permit shall include Electrical/Plumbirig/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 size of construction plans submitted for building permits shall be 24
inches by 36 inches.
26. Plan Prej>aration: 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. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
29. Non-point Source Pollution: 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. Other Agency Approvals: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
PUBLIC WORKS DEPARTMENT
31. Park Improvements: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a plan sheet for park improvements, post security and provide
insurance necessary to obtain an encroachment permit for construction of the park
improvements, as required by the City Engineer. The plans shall include the following:
a. Installation of conduits, conductors and related facilities (i.e. pull boxes, etc.) to
accommodate future security lighting near new telecommunications facilities and
play structures in accordance with the City of Campbell's Street Lighting Policies.
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PLN2004-23 - 540 W. Rincon Avenue -Conditional Use Permit - Cingular Wireless
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Location of conduits, conductors and related facilities to be determined by City
Engineer.
b. Replacement of damaged park facilities including but not limited to irrigation, play
structures and planting in conjunction with trenching work.
c. Construction of conforms to existing public and private improvements, as necessary.
32. Final Apvrovals: Prior to allowing final connection for any and/or all facilities, the applicant
shall have the required park improvements installed and accepted by the City.
PASSED AND ADOPTED this 8th day of June, 2004, by the following roll call vote:
AYES: Commissioners: Doorley, Francois, Gibbons, Hernandez, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Alderete
ABSTAIN: Commissioners: None
* APPROVED: Ge
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ATTEST: . ~í ôJ/F/: . LVVì~
Sharon Fierro, Secretary