PC Res 4147RESOLUTION NO. 4147
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PER~IIIT (PLN2013-355) TO ALLOW MODIFICATION AND
CONTINUED OPERATION OF AN EXISTING WIRELESS
TELECOMMUNICATIONS FACILITY ON PROPERTY LOCATED
AT 1469 S. BASCOM 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 numbers PLN2013-355:
1. The Zoning District for the subject property is PF/OS (Public Facilities /Open
Space).
2. The General Plan land use designation for this property is Open Space 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 f=lement:
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 installation of new antennas and related
equipment on an existing PG&E transmission tower. The installation includes
replacement of three existing antennas with new antennas, installation of three
additional antennas, installation of remote radio units (RRUS), and conduit
connections to the existing ground-mounted equipment pad.
4. This facilit~,r is currently permitted pursuant to Administrative Site & Architectural
Review Permit PLN2007-30, which extended the original approval granted by Site &
Architectural Review Permit PLN2001-145, until April 16, 2017.
5. Non-stealth wireless telecommunication facilities are permitted in the PF/OS (Public
Facilities /Open Space) 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
appropriate design, siting and screening techniques while providing for the personal
communication needs of residents, local businesses and government of the city and
the region.
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7. The Planning Commission has found that this project satisfies all applicable
requirements governing development of wireless telecommunications facilities
pursuant to Chapter 21.34 of the Campbell Municipal Code.
8. Campbell Municipal Code Sec. 21.34.170(F) specifies that the installation of wireless
telecommunications antennas shall not exceed the maximum building height for the
zoning distriict in which the project site is located. The maximum building height for
the PF/OS (Public Facilities/Open Space) Zoning District is equivalent to the
maximum building height of the most restrictive abutting zoning district to the project
site, which is the C-2 (General Commercial) Zoning District and has a 75-foot
maximum height limit.
9. The current wireless telecommunications facility is installed at a height of 125 feet,
exceeding the maximum allowable height of the zoning district. However, due to the
limited scaile of the proposed modifications, the proposed project does not
substantially change the physical dimensions of the facility.
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 vuith 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.
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7. 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.
THEREFORE, BIE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2013-355) to allow modification and continued operation of an existing
wireless telecommunications facility on property located at 1469 S. Bascom 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 (PLN2013-355) to
allow a modification and continued operation of an existing Metro PCS wireless
telecommunications facility installed on a PG&E transmission tower on property
located at 1469 S. Bascom Avenue. The project shall substantially conform to the
Project Plans dated as received on December 13, 2013, 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 (PLN2013-355), the previously approved Administrative Site &
Architectural) Review Permit (PLN2007-30) for operation of the Metro PCS wireless
telecommunications site located at 1469 S. Bascom Avenue shall be void, and shall
permanently be superseded by the Conditional Use Permit approved herein.
3. Length of Permit Term: The Conditional Use Permit approved herein shall be valid
for a period of ten (10) years from the effective date of the Planning Commission
resolution, expiring April 18, 2024. If the facility is to continue operation after that
time, the applicant shall apply for and secure a new Conditional Use Permit.
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.
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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 clays 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. 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.
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 nnotification 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
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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
exposuire 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 RF/EMF 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: 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.
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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 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.
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, 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.
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PASSED AND AIDOPTED this 8th day of April, 2014, by the following roll call vote:
AYES: Commissioners: Dodd, Finch, Kendall, Resnikoff, and Rich
NOES: Commissioners: None
ABSENT: Commissioners None
ABSTAIN: Commissioners: Reynolds
APPROVED: ~--~- ~2G'
/%^\~ ~~ Paul Resnikoff, Chair
~' ~
ATTEST: ,}~.
Bill Brucka ,Acting Secretary