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
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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
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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
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APPROVED:
Cy a Dodd, Chair
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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.