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PC Res 4212RESOLUTION NO. 4212 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2015-029) TO ALLOW MODIFICATION AND CONTINUED OPERATION OF AN EXISTING SPRINT WIRELESS TELECOMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 16146 MOZART AVENUE. FILE NO. PLN2015-029. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2015-029: 1. The project site is located on the southwest corner of Mozart Avenue and S. Bascom Avenue, north of Highway 85. 2. The project site is zoned P-O (Professional Office). 3. The General Plan land use designation for this property is Professional Office and the proposed wireless telecommunications facility, as conditioned, is in compliance with the following policies of the General Plan: Policy 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. 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 are permitted in the P-O (Professional Office) zoning district subject to the approval of a Conditional Use Permit. 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. Planning Commission Resolution No. 4212 16146 Mozart Avenue -Conditional Use Permit -Telecommunications Facility Page 2 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 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 modification to an existing wireless telecommunications facility, as conditioned, is in compliance with the General Plan Land Use Element Strategy LUT- 9.31 for Wireless Telecommunication Facilities which states Minimize the visual impact of wireless telecommunication facilities by designing them as an integral architectural feature to a structure, in that the project will minimize the visual impact of wireless telecommunication facilities by co-locating the array on an exsting monopole. 5. The proposed use would not increase the height of the existing monopole or the mounting height of the existing panel antennas. 6. The proposed wireless facility modification is less than 20 feet wide and is therefore consistent with FCC 14-153 ("the Spectrum Act") and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, which limits a local jurisdiction's discretion when the application does not "substantially change" the physical dimensions of the existing structure. The FCC defines a "substantial change" as "The mounting of a proposed antenna that would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable." 7. 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. 8. The project will aid in the harmonious development of the immediate area 9. The project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. Planning Commission Resolution No. 4212 1.6146 Mozart Avenue -Conditional Use Permit -Telecommunications Facility Page 3 THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2015-029) to modification and continued operation of an existing Sprint wireless telecommunications facility and supporting equipment on property located at 16146 Mozart Avenue, subject to the attached Conditions of Approval (attached Exhibit «A„ )~ PASSED AND ADOPTED this 9th day of June, 2015, by the following roll call vote: AYES: Commissioners: Bonhagen, Dodd, Finch, Kendall, Rich and Young NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: Reynolds APPROVED: ATTEST: Paul Kermoyan, Secretary CONDITIONS OF APPROVAL Conditional Use Permit (PLN2015-029) 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 (PLN2015-029) to allow for a modification of an existing Sprint wireless telecommunications facility that includes three (3) new 32-inch wide T-arms, three (3) new panel antennas, and three (3) new RRUs in addition to the relocation of three (3) antennas and six (6) RRUs onto the end of the new T-arms, all to be located an existing freestanding monopole on property located at 16146 Mozart Avenue. The project shall substantially conform to the Project Plans and Project Description dated as received on May 12, 2015, except as modified by the Conditions of Approval contained herein. 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. 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. 5. Length of Permit Term: This Use Permit shall expire on June 2, 2025. If the use is to continue after that time, the applicant shall apply for a new permit. 6. 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 of a new Use Permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 7. Business License Required: Each service provider with a wireless telecommunications facility in the City shall obtain a city business license. Planning Commission Resolution No. 4212 16146 Mozart Avenue -Conditional Use Permit -Telecommunications Facility Page 2 8. 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. 9. 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. 10. 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. 11. Impact on Parking: The installation of wireless telecommunication facilities shall not reduce required parking on the site. 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, 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. 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. Planning Commission Resolution No. 4212 16146 Mozart Avenue -Conditional Use Permit -Telecommunications Facility Page 3 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: The wireless telecommunication facility, including power source, ventilation and cooling facility, shall not generate noise discernible beyond the property lines. 15. Back-Up Generators: No Back-up generator has been approved for this project. 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. 17. Odors: The testing of back-up generators 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. 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. Planning Commission Resolution No. 4212 16146 Mozart Avenue -Conditional Use Permit -Telecommunications Facility Page 4 Building Division: 22. 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. 23. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 24. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. by 36 in. 25. 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. 26. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. 27. 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. 28. 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. 29. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department (378-4010)