Loading...
PC Res 4309RESOLUTION NO. 4309 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2016-174) OF A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF THREE ANTENNA PANELS AND ASSOCIATED EQUIPMENT ON A PG&E LATTICE TOWER LOCATED AT 1469 S. BASCOM AVENUE. FILE NO.: PLN2016-174 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 PLN2016-174: 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 Open Space 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-F / O-S (Public Facilities /Open Space) zoning district. 3. The requested Modification (PLN2016-174) to the previously approved Conditional Use Permit (PLN2010-144) would allow for the removal and replacement of three (3) 5-foot tall panels, with three (3) 7.5-foot tall panels on an existing PG&E Lattice Tower. To accommodate the larger panels, the applicant's request would entail the removal and replacement of the existing pipe mounting bracket, for a larger mounting bracket sized appropriately for the new equipment. 4. Modifications of non-stealth wireless telecommunication facilities are permitted in the P-F / O-S (Public Facilities /Open Space) zoning district subject to the approval of a Modification of the previously approved Conditional Use Permit. Planning Commission Resolution No. 4309 PLN2016-174 -1469 S. Bascom Avenue -Modification to Use Permit - T-Mobile Page 2 of 4 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. 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). 7. On February 22, 2011 the Planning Commission adopted Resolution No. 4013 approving a Conditional Use Permit (PLN2010-144) to install new wireless telecommunications antennas and related equipment on a PG&E transmission tower. The approval established an expiration date of March 5, 2021. 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)" and will retain the expiration date of March 5, 2021 as established by the previously approved Conditional Use Permit (PLN2010-144). 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. Planning Commission Resolution No. 4309 PLN2016-174 - 1469 S. Bascom Avenue -Modification to Use Permit - T-Mobile Page 3 of 4 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 (PLN2016-174) of apreviously-approved Conditional Use Permit to allow the removal and replacement of three antenna panels and associated equipment on a PG&E lattice tower located at 1469 S. Bascom Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). Planning Commission Resolution No. 4309 PLN2016-174 - 1469 S. Bascom Avenue -Modification to Use Permit - T-Mobile Page 4 of 4 PASSED AND ADOPTED this 12th day of July, 2016, by the following roll call vote: AYES: Commissioners: Dodd, Finch, Kendall, Reynolds, Rich and Young NOES: Commissioners: None ABSENT: Commissioners Bonhagen ABSTAIN: Commissioners: None -, ~ _ G APPROVED: Cy a Dodd, Chair ~~ ~ 4 ATTEST: Paul Kei oyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Modification to Conditional Use Permit - 1469 S. Bascom Avenue (PLN2016-174) 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 (PLN2016-174) to a previously approved Conditional Use Permit (PLN2010-144) to allow the removal and replacement of three antenna panels and associated equipment on an existing PG&E Lattice Tower located at 1469 S. Bascom Avenue. The project shall substantially conform to the Project Plans and Photo-simulations dated as received on May 19, 2016, except as modified by the Conditions of Approval contained herein. 2. Revisions to Plans: Prior to building permit submittal, the project plans shall note that all antenna panels shall be painted anon-reflective gray finish to match the PG&E tower. This condition of approval is required to maintain the concealment element established by the previously approved Conditional Use Permit (PLN2010-144) established by Planning Commission Resolution No. 4013. 3. 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 (PLN2010-144). As such, the Modification approved herein shall expire on March 5, 2021. If the use is to continue after that time, the applicant shall apply for a new permit. 4. Previous Conditions of Approval: As an "Eligible Facility Request (EFR)" all conditions of approval from the previously approved Conditional Use Permit (PLN2010-144) established by Planning Commission Resolution No. 4013 shall remain in effect, except as modified herein.