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PC Res 4397RESOLUTION NO. 4397 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2017-209) TO ALLOW FOR THE CONTINUED OPERATION OF AN EXISTING ROOFTOP WIRELESS TELECOMMUNICATIONS FACILITY (D.B.A. T-MOBILE), THE INSTALLATION OF THREE NEW PANEL ANTENNAS AND ASSOCIATED EQUIPMENT, AND AN INCREASE IN HEIGHT ON THE ROOF OF AN EXISTING MULTI- STORY COMMERCIAL BUILDING LOCATED AT 600 E. HAMILTON AVENUE. 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 PLN2017-209: The project site is located on the southwest corner of E. Hamilton Avenue, and Highway 17. 2. The project site is zoned P-D (Planned Development). 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. Non-stealth wireless telecommunication facilities, with modifications/enlargement to an existing structure, are permitted in the P-D (Planned Development) zoning district subject to the approval of a Conditional Use Permit. 5. 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. Planning Commission Resolution No. 4397 PLN2017-209 - 600 E. Hamilton Avenue -Conditional Use Permit - T-Mobile Page 2 of 4 6. 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. 7. On October 10, 1996, the Community Development Director (Steve Piasecki) approved the subject wireless telecommunications facility as a minor modification to the previously approved Planned Development Permit (PD84-03). 8. The October 10, 1996 approval predated the City's current Wireless Ordinance, updated in 2006, which now requires a Conditional Use Permit to facilitate this type of permit request. 9. The October 10, 1996 approval included conditions of approval pertaining to the design (color/style), location, and maximum antenna height (limited to 16.5-feet), the approval did not establish an expiration date. 10. While the City amortized facilities approved under a Conditional Use Permit or Site and Architectural Review Permit without an expiration date (pursuant to CMC 21.34.060), as the subject permit was neither of these permit types (a minor modification to a Planned Development Permit), the previous approval did not expire. 11. The October 10, 1996 approval serves as the basis for review under an Eligible Facility Request. 12. The subject Conditional Use Permit serves to establish a 10-year expiration date on the subject facility and allow the, installation of three additional antennas and an increase in height. The Conditional Use Permit will not reestablish the baseline for expansion or modification approved under the October 10, 1996 approval. As such, the baseline facility height shall remain 16.5-feet, and number of antennas shall remain three, after the approval of the subject permit. 13.On January 8, 2015, the FCC published six (6) thresholds to determine if an applicant's proposal constitutes an EFR. These parameters included discussions on height, width, number of cabinets, extent of excavation, treatment of camouflage, and compliance with previously established conditions of approval. 14. The applicant's proposal does not increase the height of the facility by more than 10% or 10-feet (1.65-foot height increase; 10% of a 16.5 tall facility). 15. The applicant's proposal does not expand the width of the facility by more than 6- feet from the edge of the facility (<1-foot from edge proposed). 16. The applicant's proposal does not add more than four new cabinets (0 new cabinets). Planning Commission Resolution No. 4397 PLN2017-209 - 600 E. Hamilton Avenue -Conditional Use Permit - T-Mobile Page 3 of 4 17. The applicant's proposal does not involve any excavation outside the license area (no excavation proposed). 18. The applicant's proposal does not defeat an existing concealment element of the existing facility (not a concealed facility, but will be painted matte grey to match existing equipment). 19.The applicant's proposal will not violate a prior condition of approval. 20.The increase in height cannot be approved under the Conditional Use Permit in that the facility exceeds the maximum height allowed (6-feet above a parapet) as such, the increase in height would be granted as an EFR. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed use is allowed within the applicable zoning district with the approval of a Conditional Use Permit and complies, as conditioned, with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 2. Aspects of the applicant's proposal constitute an Eligible Facility Request (EFR) which allow for the increased number of antennas and increased antenna height. 3. The proposed use is consistent with the General Plan. 4. The proposed development would be consistent and compatible with the General Plan and will aid in the harmonious development of the immediate area. 5. 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. 6. 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. 7. 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. 8. 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 Planning Commission Resolution No. 4397 PLN2017-209 - 600 E. Hamilton Avenue -Conditional Use Permit - T-Mobile Page 4 of 4 proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 9. The project will aid in the harmonious development of the immediate area. 10. The project is consistent with applicable adopted design guidelines. 11. The baseline for future expansion or modification of the wireless telecommunication facility continues to be based on the October 10, 1996 entitlement. 12. The project is Categorically Exempt under Section 15303 Class 3 of the California Environment Quality Act (CEQA), pertaining to the construction of new small facilities and structures. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2017-209) to allow for the continued operation of an existing rooftop wireless telecommunications facility (d.b.a. T-Mobile), the installation of three new panel antennas and associated equipment, and an increase in height on the roof of an existing multi-story commercial building located at 600 E. Hamilton Avenue. PASSED AND ADOPTED this 25t" day of July, 2017, by the following roll call vote: AYES: Commissioners: Kendall, Rich, Hernandez,Young, Rivlin NOES: Commissioners: ABSENT: Commissioners: Dodd ABSTAIN: Commissioners: Reynolds APPROVED: ~~~~'~~~' ~,~ ~'t',~" - ~ .''~ vonne Kendall, Chair ATTEST: < , ~-' Bill Bruckart, Acting Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2017-209) 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 a Conditional Use Permit (PLN2017-111) to allow for the continued operation of an existing Rooftop wireless telecommunications facility (d.b.a. T-Mobile), the installation of three new panel antennas and associated equipment, and an increase in height on the roof of an existing Multi-story commercial building located at 600 E. Hamilton Avenue. The project shall substantially conform to the Project Plans dated as received on July 13, 2017, except as modified by the Conditions of Approval contained herein. Nothing contained in this approval shall be determined to modify the basis of the facility as approved under the October 10, 1996 permit, which shall continue to serve as the basis for changes (such as those under Eligible Facility Requests) in perpetuity. 2. Plan Revisions: The project plans shall be revised to clearly indicate the October 10, 1996 condition as the basis for the Eligible Facility Request (EFR). 3. 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. 4. RF Recommendations: The applicant is recommended to install the RF safety signage recommended by the Hammett & Edison, Inc., RF Exposure Study report dated June 2, 2017. 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. 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. Planning Commission Resolution No. 4397 -Conditions of Approval PLN2017-209 - 600 E. Hamilton Avenue -Conditional Use Permit - T-Mobile Page2of2 7. Length of Permit Term: The Conditional Use Permit approved herein shall be valid for a period of ten (10) years from the effective date of the Planning Commission resolution, expiring August 4, 2027. 8. Previous Conditions: All conditions of approval included in the October 10, 1996 approval shall remain in full force and effect. 9. Business License Required: Each service provider with a wireless telecommunications facility in the City shall obtain a city business license. 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. The entire facility shall be painted anon- reflective matte grey. 11. 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.