Loading...
PC Res 4298RESOLUTION NO. 4298 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2015-386) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2009-57) TO ALLOW FOR THE EXPANSION OF AN EXISTING ROOF-MOUNTED WIRELESS FACILITY (T- MOBILE) LOCATED AT 700 W. HAMILTON AVENUE. FILE NO. PLN2015-386 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 PLN2015-386: 1. 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. 2. The subject property is within the C-2 (General Commercial) zoning district. 3. The requested Modification (PLN2015-386) to the previously approved Conditional Use Permit (PLN2009-57) would allow for three (3) new antennas and associated equipment to be mounted onto the roof of an existing commercial building, raising the total number T-Mobile antennas to twelve. 4. Non-stealth wireless telecommunication facilities are permitted in the C-2 (General Commercial) zoning district subject to the approval of a Conditional Use Permit. 5. The purpose of use permit 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 T-Mobile rooftop facility at 700 W. Hamilton Avenue was originally approved by Conditional Use Permit (UP95-22) on November 14, 1995 and was later superseded by Conditional Use Permit (PLN2009-57) on June 23, 2009. Planning Commission Resolution No. 4298 PLN2015-386 - 700 W. Hamilton Avenue -Conditional Use Permit Page 2 of 3 7. On August 1, 2006, the City Council adopted Ordinance 2070, which codified the City's current wireless facilities development standards and procedural requirements under CMC 21.34 (Wireless Telecommunications Facilities). 8. On February 17, 2012, Congress passed the Middle Class Tax Relief and Job Creation Act, which contained Section 6409(a), known as the "Spectrum Act" for the regulation of wireless telecommunication facilities. Section 6409(a) mandates that local governments "may not deny, and shall approve" an Eligible Facilities Request ("EFR") provided that the request does not "substantially change the physical dimensions of the existing wireless tower of base station". 9. On January 8, 2015, the FCC published new rules implementing Section 6409(a) of the Middle Class Tax and Job Creation Act of 2012 ("Spectrum Act"), under the title "Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies" which included definitions, processing requirements, timelines and remedies for applications that seek to modify an existing wireless telecommunication facility -including thresholds to test whether an applicant's proposal for an EFR causes a `substantial change'. 10. The proposed wireless facility modification does not exceed the thresholds outlined for an "Eligible Facility Request (EFR)". Based upon the foregoing findings of fact and pursuant to Section 21.46.040 (Findings and Decision for a Conditional Use Permit) and Chapter 21.34 (Wireless Telecommunication Facilities) of the Campbell Municipal Code, the Planning Commission further finds and concludes that: 1. The proposed use is consistent with the General Plan. 2. 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. 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. Planning Commission Resolution No. 4298 PLN2015-386 - 700 W. Hamilton Avenue -Conditional Use Permit Paae 3 of 3 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. 10. 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. 11. The applicant's proposal does not cause a `substantial change' and therefore qualifies as an Eligible Facility Request. 12. As an Eligible Facility Request (EFR), the local jurisdiction's discretion is limited. 13. 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2015-386) to a previously approved Conditional Use Permit (PLN2009-57) to allow for the expansion of an existing roof-mounted wireless facility (T-Mobile) located at 700 W. Hamilton Avenue, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 14th day of June, 2016, by the following roll call vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Dodd, Reynolds, Rich and Young None Kendall, Bonhagen, and Finch None APPROVED: '~ /'~ _, Dodd, Chair ATTEST: Paul K oyan, Secretary EXHIBIT A Page 1 of 5 CONDITIONS OF APPROVAL Conditional Use Permit (PLN2015-386) 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 Project: Approval is granted for Modification (PLN2015-386) to a previously approved Conditional Use Permit (PLN2009-57) to allow for the expansion of an existing roof-mounted wireless facility (T-Mobile) located at 700 W. Hamilton Avenue. The project shall substantially conform to the Project Plans and Photo-simulations dated as received on April 27, 2016, except as modified by the Conditions of Approval contained herein. 2. Length of Permit Term: As an "Eligible Facility Request (EFR)", the Modification approved herein does not serve to extend the expiration date of the previously approved Conditional Use Permit (PLN2009-57). As such, the Modification approved herein shall expire on June 23, 2019. If the use is to continue after that time, the applicant shall apply for a new permit. 3. Revision to Plans: The building permit submittal construction plans shall incorporate the following revisions: a. Safety Requirements: The building permit plans shall reflect the incorporation of all safety recommendations and requirements outlined by the in the Radio Frequency (RF) Compliance Assessment. b. Vicinity Map: The vicinity map places a black dot on the wrong building, prior to building permit submittal this shall be relocated to reflect the subject building. 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. 5. 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 in the event that its use is abandoned or its use permit or site and architectural review permit expires or is terminated and the equipment is not voluntarily removed. EXHIBIT A Page 2 of 5 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 for 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. 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 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 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. EXHIBIT A Page 3 of 5 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 Emergencv 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. 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. 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. 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: 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. 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, EXHIBIT A Page 4 of 5 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 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 Director may refer the matter to the Planning Commission for consideration of modification or revocation of the permit. 21. Supersession of Previous Conditions of Approval: Upon the effective date approving this Modification (PLN2015-386), the previously approved Conditions of Approval (PLN2009-57) as approved by the Planning Commission on June 23, 2009 shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein, except for the expiration date of the facility which has been carried forward in this 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. Building Division: 23. 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. 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 minimum size of construction plans submitted for building permits shall be 24 in. by 36 in. 26. 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. 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. 28. 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 EXHIBIT A Page 5 of 5 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. 29. 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. 30.Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department (378-4010)