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PC Res 4299RESOLUTION NO. 4299 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2016-146) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2013-119) TO ALLOW THREE NEW ANTENNA PANELS AND ASSOCIATED EQUIPMENT TO BE ADDED TO AN EXISTING MONOPOLE LOCATED AT 16146 E. MOZART AVENUE. FILE NO. PLN2016-146 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 PLN2016-146: Environmental Finding 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. Evidentiary Findings 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 P-O (Professional Office) zoning district. 3. The requested Modification to the previously approved Conditional Use Permit (PLN2013-119) would allow for three (3) new antennas and associated equipment to be installed on an existing 70-foot tall telecommunications monopole. 4. This wireless telecommunications facility was originally permitted by Santa Clara County in 2004 prior to annexation into the City of Campbell. As the subject property was annexed into the City of Campbell in 2006, the modification request is subject to Planning Commission Resolution No. 4299 PLN2016-146 -16146 E. Mozart Avenue -Modification to Prior Use Permit Paae 2 of 4 the City's Wireless Telecommunication Ordinance, whereby if stealth technology is not used, a use permit shall be required. 5. Non-stealth wireless telecommunication facilities are permitted in the P-O (Professional Office) zoning district subject to the approval of a Conditional Use Permit. 6. 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. 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 October 8, 2013 the Planning Commission adopted Resolution No. 4119 approving a Conditional Use Permit (PLN2013-119) to modify an existing wireless antenna facility by adding a microwave dish to an existing freestanding monopole. The approval established an expiration date of October 18, 2023. 10. 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'. 11. 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. Planning Commission Resolution No. 4299 PLN2016-146 -16146 E. Mozart Avenue -Modification to Prior Use Permit Page 3 of 4 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with al'I 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. 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 (PLN2016-146) to a previously approved Conditional Use Permit (PLN2013-119) to allow three new antenna panels and associated equipment to be added to an existing monopole located at 16146 E. Mozart Avenue, subject to the attached Conditions of Approval (attached Exhibit A). Planning Commission Resolution No. 4299 PLN2016-146 -16146 E. Mozart Avenue -Modification to Prior Use Permit Paae 4 of 4 PASSED AND ADOPTED this 14th day of June, 2016, by the following roll call vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Dodd, Reynolds, Rich and Young None Kendall, Bonhagen, and Finc~.~ None APPROVED: Cynth~ Dodd, Chair Paul KeYmoyan, Secretary EXHIBIT A Page 1 of 4 CONDITIONS OF APPROVAL Modification to a Previously Approved Conditional Use Permit (PLN2016-146) 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 Modification (PLN2016-146) to a previously approved Conditional Use Permit (PLN2013-119) to allow three new antenna panels and associated equipment to be added to an existing monopole located at 16146 E. Mozart 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 (PLN2013-119). As such, the Modification approved herein shall expire on October 18, 2023. 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. 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. 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. EXHIBIT A Page 2 of 4 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. Length of Permit Term: This Use Permit shall expire on October 18, 2023. If the use is to continue after that time, the applicant shall apply for a new permit. 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. ] 0. 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 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. EXHIBIT A Page 3 of 4 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. 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. 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. 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: No Back-up generator has been approved for this project. 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. l8. Odors: The testing of back-up generators shall not produce odors that adversely affect persons occupying residential, office or commercial uses. 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 EXHIBIT A Page 4 of 4 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. 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)