PC Res 4185RESOLUTION NO. 4185
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2014-273) TO ALLOW FOR THE CONTINUED OPERATION OF
AN EXISTING WIRELESS TELECOMMUNICATIONS FACILITY AND
ALLOW FOR THE REMOVAL AND REPLACEMENT OF SIX ANTENNA
PANELS AND INSTALLATION OF SUPPORTING EQUIPMENT ON
PROPERTY LOCATED AT 700 W. HAMILTON 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 PLN2014-273:
The project site is located on the southwest corner of West Hamilton Avenue, and
San Tomas Expressway
2. The project site is zoned C-2 (General Commercial) and is designated with a General
Commercial land use designation by the General Plan.
3. The General Plan land use designation for this property is General Commercial, and
the proposed wireless telecommunications facility, as conditioned, is in compliance
with the following policies of the General Plan:
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of
residential, industrial and commercial neighborhoods, each with
its own individual character; and allow change consistent with
reinforcing positive neighborhood values, while protecting the
integrity of the city's neighborhoods.
Policy LUT-9.31: Neighborhood Integrity: Minimize the visual impact of wireless
telecommunication facilities by designing them as an integral
architectural feature to a structure.
Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that
create an economic balance within the City while maintaining a
balance with other community land use needs, such as housing
and open space, and while providing high quality services to
the community.
4. Non-stealth wireless telecommunication facilities, with modifications/enlargement to
an existing structure, are permitted in the C-2 (General Commercial) zoning district
subject to the approval of a Conditional Use Permit with Site and Architectural
Review.
Planning Commission Resolution No. 4185
PLN2014-273 - 700 W. Hamilton Avenue -Conditional Use Permit - Verizon Wireless
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5. 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.
6. The proposed wireless facility is 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, the Planning Commission further finds and
concludes that:
1. The proposed use is allowed within the applicable zoning district with the approval of
a Conditional Use Permit with Site and Architectural Review and complies, as
conditioned, 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 development would be consistent and compatible with the General
Plan and will aid in the harmonious development of the immediate area.
4. 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.
5. 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.
6. The design, location, size, and operating characteristics of the proposed use, as
conditioned, are compatible with the existing and future land uses on-site and in the
vicinity of the subject property.
7. The establishment, maintenance, or operation of the proposed use, as conditioned, 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.
8. The project will aid in the harmonious development of the immediate area.
9. The project is consistent with applicable adopted design guidelines.
Planning Commission Resolution No. 4185
PLN2014-273 - 700 W. Hamilton Avenue -Conditional Use Permit - Verizon Wireless
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10. The project is Categorically Exempt under Section 15303 Class 3 of the California
Environment Quality Act (CEQA), pertaining to the construction of new small facilities
and structures.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2014-273) to allow for the continued operation of an existing wireless
telecommunications facility and allow for the removal and replacement of six antenna
panels and installation of supporting equipment on property located at 700 W. Hamilton
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 Proiect: Approval is granted for a Conditional Use Permit with Site and
Architectural Review (PLN2014-273) to allow for the continued operation of an
existing wireless telecommunications facility and removal and replacement of six
antenna panels with supporting equipment on the roof of the existing building located
at 700 W. Hamilton Avenue. The project shall substantially conform to the Project
Plans dated as received on September 30, 2014, except as modified by the
Conditions of Approval contained herein.
2. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit
with Site and Architectural Review 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.
3. 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.
4. 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.
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5. 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 January 13, 2025.
6. Security Required: Within thirty (30) days of Planning Commission approval, the
applicant shall provide an irrevocable letter of credit or other reasonable form of
security satisfactory to the City Attorney, in an amount reasonably sufficient to cover
the cost of removal, for the removal of the proposed wireless antennas and
associated equipment in the event that its use is abandoned or its Conditional Use
Permit expires or is terminated and the equipment is not voluntarily removed.
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 the extent required under the Campbell Municipal
Code, as amended, and not preempted by applicable state or federal law, to replace
or upgrade the approved facility upon application of 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. Safety:
a. Public Access Restricted: Antennas are to be sited in such a way so that barriers
and signage prevent a person from passing through areas that exceed the safety
limits established by the FCC, in compliance with the 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,
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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 Safetv 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 to the
extent required under the Campbell Municipal Code, as amended, and not
preempted by applicable state or federal law.
f. Compatibility with City Emergencv 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 in violation of FCC rules
regulating such interference.
g. Emergencv 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.
13. 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.
14. Noise: In no case shall noise generated on and near residential uses exceed an
exterior noise level of 65 dBA or noise level audible from a residential use with
windows and doors closed exceed an interior noise level of 45 dBA.
15. Back-Up Generators: Back-up generators shall comply with the noise standard
referenced above and shall only be operated during power outages for testing and
maintenance between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
16. 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.
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17. Odors: The wireless telecommunication facility shall not produce odors that adversely
affect persons occupying residential, office or commercial uses.
18. 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, to the extent such costs
are recoverable under applicable state and federal law. The Community Development
Department shall collect costs on behalf of the City.
19. 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.
20. 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.
21. 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.
PASSED AND ADOPTED this 13th day of January, 2015, by the following roll call vote:
AYES: Commissioners: Dodd, Kendall, Rich and Young
NOES: Commissioners: None
ABSENT: Commissioners Finch
ABSTAIN: Commissioners: Reynolds
Planning Commission Resolution No. 4185
PLN2014-273 - 700 W. Hamilton Avenue -Conditional Use Permit - Verizon Wireless
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APPROVED: `'
a L. Dodd, Acting Chair
ATTEST:
Paul K~rm~yan, Secretary