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PC Res 4383RESOLUTION NO. 4383 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2017-121) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2014-273) TO ALLOW FOR THE RELOCATION OF FOUR ANTENNA BASE STATIONS/PANELS AND TO INSTALL THREE NEW DIPLEXERS ON THE ROOF OF THE EXISTING COMMERCIAL BUILDING LOCATED AT 700 W. HAMILTON AVENUE IN THE C-2 (GENERAL COMMERCIAL) ZONING DISTRICT. 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 file number PLN2017-121: The project site is located on the southwest corner of West Hamilton Avenue, and San Tomas Expressway 2. The project site is zoned C-2 (General Commercial) and is designated with a General Commercial land use designation by the General Plan. 3. The General Plan land use designation for this property is General Commercial, and the proposed wireless telecommunications facility, as conditioned, is in compliance with the following policies of the General Plan: Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. Policy LUT-9.31: Neighborhood Integrity: 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. 4. Modifications to a previously approved Conditional Use Permit for anon-stealth wireless telecommunication facilities, are permitted in the C-2 (General Commercial) zoning district subject to the approval of a Modification of the previously approved Conditional Use Permit. Planning Commission Resolution No. PLN2017-121 - 700 W. Hamilton Avenue -Conditional Use Permit - Verizon Wireless Page 2 of 2 5. The project would allow for the relocation of four antenna base stations/panels and installation of three new diplexers on the roof of an existing three-story commercial building behind an existing parapet wall. 6. The proposed Modification (PLN2017-121) would not increase the size or height of antennas or their supporting base stations as previously approved under Conditional Use Permit (PLN2014-273). 7. The applicant's proposal does not include a request to extend length of the permit term. As such, the facility shall expire on January 13, 2025 as previously approved by Conditional Use Permit (PLN2014-273). 8. The purpose of discretionary 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. 9. 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. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The relocation of four antenna base stations/panels and installation of three new diplexers on the roof of an existing commercial building is allowed within the applicable zoning district with the approval of a Modification of the previously approved Conditional Use Permit and complies, as conditioned, with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 2. The proposed modification is consistent with the General Plan. 3. The project is 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. Planning Commission Resolution No. PLN2017-121 - 700 W. Hamilton Avenue -Conditional Use Permit - Verizon Wireless Page 3 of 2 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 project is Categorically Exempt under Section 15301, Class 1 of the California Environment Quality Act (CEQA), pertaining to minor alterations to existing private structures. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2017-121) to a previously approved Conditional Use Permit (PLN2014-273) to allow for the relocation of four antenna base stations/panels and to install three new diplexers on the roof of the existing commercial building located at 700 W. Hamilton Avenue in the C-2 (General Commercial) Zoning District, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 13t" day of June, 2017, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: ATTEST: Kendall, Hernandez, Rivlin, Young, Rich Dodd Reynolds /~~, APPROVED: ~~`~~~ ~~~ ~~~< '``"~ ~~ 'Yvonne Kendall, Chair /, Paul K~,rmoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Modification (PLN2017-121) 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 Approved Project: Approval is granted fora Modification (PLN2017-121) to a previously approved Conditional Use Permit (PLN2014-273) to allow for the relocation of four antenna base stations/panels and to install three new diplexers on the roof of the existing commercial building located at 700 W. Hamilton Avenue in the C-2 (General Commercial) zoning district. The project shall substantially conform to the Project Plans and photo simulations dated as received on April 4, 2017, except as modified by the Conditions of Approval contained herein. 2. Plan Revisions: The plans shall be revised to provide a detailed equipment summary on the cover sheet, indicating the total number of antennas, RRU's, diplexers and equipment cabinets associated with the facility prior to building permit submittal. Further, Sheet A4 shall be revised to clarify that no new RRU's are being added, but rather previously approved RRU's are simply now being installed. 3. Revocation of Permit: Operation of the use in violation of the Modification (PLN2017- 121) of the previously approved Conditional Use Permit (PLN2014-273) or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Modification (PLN2017-121) and previously approved Conditional Use Permit (PLN2014-273) by the Planning Commission. 4. Length of Permit Term: The Modification approved herein does not serve to extend the length of the permit term. As such, the subject facility shall expire ten (10) years from the effective date of the previously approved Conditional Use Permit (PLN2014- 273), which is January 13, 2025. 5. Previous Conditions of Approval: All previous Conditions of Approval from the previously approved Conditional Use Permit (PLN2014-273) shall remain in full force and effect, except as modified herein. 6. 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.