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PC Res 3575 RESOLUTION NO. 3575 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2004-55) TO RENEW APPROVAL OF AN ANTENNA INSTALLATION ON THE PARAPET OF AN EXISTING OFFICE BUILDING ON PROPERTY OWNED BY MR. SCOTT COOLEY LOCATED AT 700 w. HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. T. ROGER HAAS. FILE NO. PLN2004-55. 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 PLN2004-55: 1. Wireless telecommunication facilities are permitted in the C-2-S (General Commercial) 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 refer the matter the Planning Commission through the public hearing process. Due to the location of the facility and the other telecommunication providers on the site the Community Development Director has found that the project warrants review by the Planning Commission. 2. AT&T would mount six panel antennas on each elevation towards the comer of the building at the building parapet. The antennas will be painted to match the building wall colors. 3. The associated ground mounted equipment cabinets would add approximately 55 square feet to the existing utility area The cabinets would be surrounded by a concrete masonry wall to blend in with the surrounding area. 4. The installation of the wireless antenna facility will not have an impact on the existing parking. 5. The location and mounting techniques are a preferred siting and mounting technique under the Wireless Telecommunications Facilities Ordinance. 6. 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: Planning Commission Resolution No. 3575 PLN2004-55 -700 W. Hamilton Avenue - Site and Architectural Review Permit Page 2 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 of the 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 grants a Site and Architectural Review Permit (PLN2004-55) to renew approval of an antenna installation on the parapet of an existing office building on property owned by Mr. Scott Cooley located at 700 w. Hamilton Avenue in an C-2-S (General Commercial) 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 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: 1. Approved Proiect: Approval is granted for a Site and Architectural Approval Permit to allow the continued use of a stealth wireless telecommunications facility located on the parapet of the commercial building at 700 W. Hamilton Avenue. Project approval shall substantially comply with project plans prepared by AT & T Wireless and stamped as received by the Planning Commission Resolution No. 3575 PLN2004-55 -700 W. Hamilton Avenue - Site and Architectural Review Permit Page 3 Planning Division on May 5, 2004, except as modified by the conditions of approval contained herein. 2. Development Approval Expiration: The Site and Architectural 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 Permit shall expire and be deemed void without further notification by the City. 3. Length of Permit Term: This Site and Architectural Permit shall expire five years after the date of permit approval, on June 22,2009. If the use is to continue, the applicant shall apply for a 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, the service provider will be required to replace or upgrade the approved facility upon application for a new 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 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 as soon as practical. 5. Maintenance of Landscaping: It is an ongoing obligation of AT&T Wireless, assignees and successors in interest to maintain the landscaping that is required as part of this permit. 6. 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. 7. 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. 8. 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. 9. 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. 10. Business License Required: Each service provider with a wireless telecommunication facility in the City shall obtain a city business license. Planning Commission Resolution No. 3575 PLN2004-55 -700 W. Hamilton Avenue - Site and Architectural Review Permit Page 4 11. 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. 12. 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. 13. 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. 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: 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. 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 the public. 18. 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. 19. 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. 20. 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 Planning Commission Resolution No. 3575 PLN2004-55 -700 W. Hamilton Avenue - Site and Architectural Review Permit Page 5 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. Buildine: Division: 21. Permits Required: A building permit application shall be required for the proposed antenna structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 22. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 23. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 24. 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. 25. 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. 26. Special Inspections: When a special inspection is required by D.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. 27. 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. 28. Other Agency Approvals: The project requires the following agency approval prior to issuance of the building permit: Planning Commission Resolution No. 3575 PLN2004-55 -700 W. Hamilton Avenue - Site and Architectural Review Permit Page 6 a. Santa Clara County Fire Department PASSED AND ADOPTED this 22nd day of June, 2004, by the following roll call vote: AYES: Commissioners: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None ATTES~ /~ Sharon Fierro, Secretary