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CC Resolution 12786RESOLUTION NO. 12786 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING CONDITIONAL USE PERMITS WITH SITE AND ARCHITECTURAL REVIEW (PLN-2021-128 / PLN-2021-129) FOR T-MOBILE & AT&T TO ALLOW FOR THE REESTABLISHMENT AND CONTINUED OPERATION OF AN EXISTING CONCEALED WIRELESS TELECOMMUNICATIONS FACILITY (FAUX TREE POLE) WITH A REQUESTED EXCEPTION TO THE WINCHESTER BOULEVARD MASTER PLAN TO ALLOW THE RETENTION OF AN APPROXIMATELY 69-FOOT TALL FACILITY, WHERE OTHERWISE LIMITED TO 45-FEET, ON PROPERTY LOCATED AT 2041 S. WINCHESTER BOULEVARD IN THE P-D (PLANNED DEVELOPMENT) 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. The City Council did find as follows with regard to application PLN-2021-128 and 129: 1. The project site is zoned P-D (Neighborhood Commercial) and designated Neighborhood Commercial by the General Plan, 2. The project site is located on the west side of Winchester Boulevard, south of Campbell Avenue, behind Merrill Gardens a mixed -use assisted living senior housing community. 3. The faux monopine tree pole was originally approved by the Community Development Director in 2005 through an Administrative Site and Architectural Review Permit (PLN2005-1021). The pole originally served AT&T (then Cingular Wireless), was 60-feet tall, and had a five-year approval which expired on April 4, 2010. In 2011, AT&T obtained an approval for a modification and reinstatement of the existing wireless facility (PLN2011-104) for 10-years with an expiration date of September 2, 2021. 4. In 2017, T-Mobile received authorization to collocate equipment on the facility through an Eligible Facilities Request (PLN2017-374) but did not obtain a building permit resulting in the permit expiring one year later. In 2018, T-Mobile obtained an Eligible Facilities Request (PLN-2018-165) to increase the height of the pole to its present height of 68-feet, 11-inches to accommodate an additional antenna array. In 2018 and in 2019, AT&T obtained Eligible Facilities Requests (PLN2018-199 and PLN2019-28 respectively) to swap/replace antennas and equipment but did not seek an extension of the permit approval and, accordingly, the permit expired on September 2, 2021. However, as the applicant submitted the subject permit prior to the permit expiration deadline (August 5, 2021) the permit remains in effect until a decision on the renewal is made or the application is withdrawn. 5. The existing facility serves AT&T and T-Mobile. City Council Resolution No. 12786 Page 2 of 4 2041 S. Winchester Boulevard Conditional Use Permit (PLN-2021-128/129) — Faux Tree Pole (AT&T / T-Mobile) 6. The applicant is requesting approval of two (2) Conditional Use Permits with Site and Architectural Review, on behalf of for T-Mobile & AT&T, to allow for the reestablishment and continued operation of an existing concealed wireless telecommunications facility (faux monopine tree pole) on property located at 2041 S. Winchester Boulevard. 7. While the applicant is not proposing any changes to the facility, since the permit was approved in 2011, prior to the adoption of the City's updated Wireless Telecommunications Facilities Ordinance in 2017, permit renewal requires a new land use approval to ensure the facility meets today's standards. The City's Wireless Telecommunications Facilities Ordinance defines a concealed facility as follows: "Concealed facility" means any wireless communications facility which results in new site or architectural features being added to a property in a manner which complements, enhances, or seamlessly integrates into their surroundings. Examples of concealed facilities include, but are not limited to the construction of new rooftop, louver, chimney, silo, pole, railing, sign, window, parapets, dormers, steeples, penthouses, water towers, bell towers, artificial trees, and flag poles. 9. The faux monopine tree pole (as a type of artificial tree) satisfies the definition of a 'concealed facility' under the City's Wireless Ordinance. 10. Approval of a of a 'concealed facility' is subject to the requirements of the City's adopted Wireless Communications Facilities Ordinance, Wireless Facility Design Requirements which includes an assessment of the tree species, shape, and size as well as the quality and longevity of materials (branches & bark), color, and finish in consideration of the facilities' surroundings. 11. Although the project includes development plans, it does not require a separate architectural review permit application but is subject to site and architectural review in accordance with CIVIC 21.45.050. 12. Applicable General Plan Policies considered by the City Council included, but were not limited to, the following: 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. 13. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Based upon the foregoing findings of fact, the City Council further finds and concludes that: Conditional Use Permit Findings (CIVIC Sec. 21.46.040): City Council Resolution No. 12786 Page 3 of 4 2041 S. Winchester Boulevard Conditional Use Permit (PLN-2021-128/129) — Faux Tree Pole (AT&T / T-Mobile) 14. 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; 15. The proposed use is consistent with the General Plan; 16. 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; 17. 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; 18. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on -site and in the vicinity of the subject property; 19. The establishment, maintenance, or operation of the proposed use 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; Site and Architectural Review Permit Findings (CIVIC Sec. 21.42.060.B): 20. The project will be consistent with the General Plan; 21. The project will aid in the harmonious development of the immediate area; 22. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s); Exemption to the Winchester Boulevard Master Plan Findings (Page 37): 23. There are special circumstances and conditions affecting subject property; 24. That the exception is necessary for the preservation and enjoyment of a substantial property right of the developer; 25. That the granting of the exception will not be detrimental to the public welfare, or injurious to other property in the area in which said property is situated; City Council Resolution No. 12786 Page 4 of 4 2041 S. Winchester Boulevard Conditional Use Permit (PLN-2021-128/129) - Faux Tree Pole (AT&T / T-Mobile) 26. The Planning Commission (in forming its recommendation to the Council) has substantially secured the objectives of the regulations to which exceptions are requested, and shall act to protect the public health, safety, convenience and general welfare; 27. The Planning Commission (in forming its recommendation to the Council) has reported its findings with respect thereto, and all facts in connection therewith, and shall specifically and fully set forth the exceptions recommended and the conditions designated; Environmental Finding(s) (CMC Sec. 21 38 050): 28. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor alteration of an existing private structure; and 29. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the City Council approves Conditional Use Permits with Site and Architectural Review (PLN-2021-128 / 129) for T-Mobile & AT&T to allow for the reestablishment and continued operation of an existing concealed wireless telecommunications facility (faux tree pole) with a requested exception to the Winchester Boulevard Master Plan to allow the retention of an approximately 69-foot tall facility, where otherwise limited to 45-feet, on property located at 2041 S. Winchester Boulevard in the P- D (Planned Development) Zoning District subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 7th day of December, 2021, by the following roll call vote: AYES: COUNCILMEMBERS: Bybee, Landry, Lopez, Gibbons NOES: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Resnikoff APPROVEp.- ix _,,(i abeth "Liz" Gib, ons, Mayor ATTEST: IX-�� '�J ` - Dusty Christopherson, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2021-128/129) 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 Conditional Use Permits with Site and Architectural Review (PLN-2021-128 / 129) for T-Mobile & AT&T to allow for the reestablishment and continued operation of an existing concealed wireless telecommunications facility (faux tree pole) with a requested exception to the Winchester Boulevard Master Plan to allow the retention of an approximately 69-foot tall facility, where otherwise limited to 45-feet, on property located at 2041 S. Winchester Boulevard. The project shall substantially conform to the Project Plans Attachment C in the December 7, 2021 City Council Staff Report, except as may be modified by the Conditions of Approval contained herein. 2. Permit Approval Expiration: The Conditional Use Permits with Site and Architectural Review (PLN-2021-128 / 129) shall be valid for one year from the date of final approval (expiring December 17, 2022). Within this one-year period, an application for the Building Permit to modify the tree branches must be submitted. Failure to meet this deadline or expiration of the Building Permit plan check or issued Building Permit will result in the Conditional Use Permits with Site and Architectural Review being rendered void. 3. Previous Approvals: All conditions of approval and land use authorization granted by previously approved permits (e.g., PLN2005-1021, PLN2017-374, PLN-2018-165, PLN- 2018-199, and PLN-2019-28) are hereby superseded. Notwithstanding anything in the resolution, or conditions of approval to the contrary, the basis for future Eligible Facility Requests, or similar preemptions from local land use authority, shall remain based on the original PLN2005-1021 permit. 4. Plan Revisions: Upon prior approval by the Community Development Director, all Minor Modifications to the approved project plans shall be included in the construction drawings submitted for Building Permit. Any modifications to the Building plan set during construction shall require submittal of a Building Permit Revision and approval by the Building Official prior to Final Inspection. Further, prior to building permit submittal, the following revisions to the plans shall be incorporated to the satisfaction of the Community Development Director: City Council Resolution No. 12786 Page 2 of 8 2041 S. Winchester Boulevard Conditional Use Permits with Site and Architectural Review (PLN-2021-128/129) a. Branch Length and Density. The tree branches shall be extended to completely envelop all tower -mounted equipment and extend beyond the edge of equipment by at least 18 inches. Further, at least 3-branches per foot shall be provided around the equipment as required the City's Wireless Facility Design Guidelines. This condition shall be applied to the extent feasible to the in recognition of potential structural limitations for the existing tower equipment but shall apply as a mandatory requirement prior to adding any additional equipment to the artificial tree, such as equipment that may be proposed through an Eligible Facilities Request. The applicant shall provide a structural analysis to support any deviation from these standards and the City retains the right to require a refundable deposit from the applicant to capture the cost of a peer review of this structural support analysis. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. The contractor contact information posting shall be removed upon project completion (building permit final). 6. Construction Activities: The applicant shall abide by the following requirements during construction: a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise -generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise -sensitive receptors such as existing residences and businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. 7. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working hours that result in verified complaints may result in the issuance of a Stop Work Notice issued to the project with cessation of work for a minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00. 8. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the City Council Resolution No. 12786 Page 3 of 8 2041 S. Winchester Boulevard Conditional Use Permits with Site and Architectural Review (PLN-2021-128/129) building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work. No Ground Mounted Equipment: The facility is not approved for any ground mounted equipment. Accordingly, no ground mounted equipment shall be permitted to be added to the site as part of an Eligible Facilities Request (EFR) request made under Section 6409(a) and FCC rules implementing Section 6409 of the Spectrum Act, codified at 47 U.S.C. 1455. 10. Cessation of Operations: The service provider shall provide written notification to the community development director upon cessation of operations on the site exceeding a ninety -calendar day period. The service provider, permittee and/or property owner shall remove all obsolete or unused facilities from the site within one hundred eighty calendar days of termination of the lease with the property owner or cessation of operations, whichever comes earlier. New Permit Required. If a consecutive period of one hundred eighty calendar days has lapsed since cessation of operations, a new permit shall be required prior to use or reuse of the site. 11. Length of Approval: A validly issued conditional use permit, or administrative site and architectural review permit shall be valid for a period of ten years from the effective date of the approval or date the facility gains a "deemed granted" status (subject permit is for a Conditional Use Permits with Site and Architectural Review and expires November 19 2031) but may be reduced for public safety reasons or substantial land use reasons pursuant to Government Code Section 65964(b). Use permits and site and architectural review permits approved prior to the effective date of this ordinance shall expire pursuant to the previously approved permit term. If a request for a renewal of the required permits(s) is received before the permit expiration, the permit shall remain in effect until a decision on the renewal is made or the application is withdrawn. Communication facilities that exist on the effective date of this chapter without a specified expiration date (e.g. because the governing permit(s) contained no expiration date or due to non- conforming status), and which had not otherwise already expired (e.g. due to the previously established amortization period(s) contained in City Council Ordinance 2070, CMC Section 21.34.060(E), and/or CIVIC Section 21.58.040(F), as they existed prior to the effective date of this Chapter), shall expire five years from the effective date of this chapter or ten years from the date of their establishment, whichever is greater. Nothing contained in this Chapter is intended to revive or extend any permit or use that expired on or prior to the effective date of this Chapter. a. The permit maybe renewed for subsequent time periods, subject to the following: The renewal application is filed with the community development department prior to expiration, but no earlier than twenty-four months prior to expiration. City Council Resolution No. 12786 2041 S. Winchester Boulevard Page 4 of 8 Conditional Use Permits with Site and Architectural Review (PLN-2021-128/129) ii. The permit approval may be administratively extended by the community development director from the initial approval date for a subsequent ten years and may be extended by the community development director every ten years thereafter upon verification that the facility continues to comply with this chapter (as may be amended from time to time) and all conditions of approval under which the facility was approved. All costs associated with the review process shall be borne by the service provider, permittee and/or property owner. iii. This provision shall not apply to conditional use permits or administrative site and architectural review permits granted prior to the effective date of this chapter. However, applications for use permits or site and architectural review permits to modify existing wireless communications facilities that are granted on or after the effective date of this chapter are subject to this subsection 21.34.070(A)(2)(a). b. If a request for renewal of the required permit(s) is not timely received and the permit expires, the City may declare the facility(ies) abandoned or discontinued in accordance with Section 21.34.070(A)(16) (Abandonment). 12. Business License Required: Each service provider with a wireless communications facility in the City shall obtain and maintain a City business license. 13.Impact on Parking: The installation of wireless communication facilities shall not reduce required parking on the site. For the purposes of this requirement, routine maintenance activities shall not be considered to result in a measurable impact on parking. Applications for eligible facilities requests shall be exempt from this condition provided that any reduction in onsite parking spaces does not violate a prior condition of approval or applicable building or safety code. 14.Implementation and Monitoring Costs: The wireless communications permittee, service provider or its/their successor shall be responsible for the payment of all reasonable costs associated with the monitoring of the conditions of approval, including, but not limited to, costs incurred by the community development department, the office of the city attorney or any other appropriate City department or agency, to the full extent such costs are recoverable or collectible under applicable state and/or federal law. The community development department shall collect costs on behalf of the City. 15. Development and Operational Standards: All facilities shall satisfy the development standards of the district in which they are proposed, as well as the Development and Operational Standards outlined in CMC 21.16 (e.g. Electrical Interference, Light and Glare, Noise, Odor, Vibration, Maintenance) and the Site Development Standards (e.g. as specified in CMC 21.18). Exceptions to development and operational standards shall only be permitted for (A) an eligible facility request to the extent required by law, (B) a subsequent collocation facility to the extent required by California Government Code section 65850.6(a), or (C) for a stealth facility when such exception is limited to maximum City Council Resolution No. 12786 Page 5 of 8 2041 S. Winchester Boulevard Conditional Use Permits with Site and Architectural Review (PLN-2021-128/129) allowable heights, or minimum setbacks, and when such exception would not result in a perceivable visual impact. 16. Permits: All permits required for the installation of the facility and associated improvements, shall be completed prior to operation of the facility (or component of that facility). 17. Concealment: Every aspect of a stealth and/or concealed facility is considered an element of concealment including, but not limited to, the dimensions, bulk and scale, color, materials and texture. For all other facilities, elements such as dimension, scale, color, materials, and textures may be considered stealth and/or concealment elements of the facility. Any future modifications to the facility must not defeat concealment. 18. Compliance with Applicable Laws: The permittee and service provider shall at all times comply with all applicable provisions of the CIVIC including, but not limited to, Title 21 (Zoning), any permit or approval issued under the CIVIC including, but not limited to, Title 21 (Zoning), and all other applicable federal, state and local laws, rules and regulations. Failure by the City to enforce compliance with applicable laws, rules or regulations shall not relieve any permittee of its obligations under the CIVIC including, but not limited to, Title 21 (Zoning), any permit or approval issued under the CIVIC, or any other applicable laws, rules and regulations. 19.Compliance with Approved Plans: The facility shall be built in compliance with the approved plans on file with the community development department. 20.Inspections; Emergencies: The City or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee in times of emergency. The permittee shall cooperate with all inspections. The City reserves the right to enter (or direct its designee to enter) the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. 21.Contact Information for Responsible Parties: The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the community development director upon request. 22.General Maintenance: The site and the facility, including but not limited to all landscaping, fencing, concealment features, and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. 23. Graffiti Removal: All graffiti on facilities must be removed at the sole expense of the permittee within forty-eight hours after notification from the City. City Council Resolution No. 12786 Page 6 of 8 2041 S. Winchester Boulevard Conditional Use Permits with Site and Architectural Review (PLN-2021-128/129) 24. FCC (including, but not limited to. RF Exposure) Compliance: All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate such facilities. 25.Abandonment: a. To promote the public health, safety and welfare, the community development director may declare a facility (or component of a facility) abandoned or discontinued when: (a) The permittee or service provider abandoned or discontinued the use of a facility (or component of a facility) for a continuous period of ninety calendar days; or (b) The permittee or service provider fails to respond within thirty calendar days to a written notice from the community development director that states the basis for the community development director's belief that the facility (or component of the facility) has been abandoned or discontinued for a continuous period of ninety calendar days; or (c) The permit expires and the permittee has failed to file a timely application for renewal. b. After the community development director declares a facility (or component of a facility) abandoned or discontinued, the permittee shall have sixty calendar days from the date of the declaration (or longer time as the community development director may approve in writing as reasonably necessary) to: (a) reactivate the use of the abandoned or discontinued facility (or component thereof) subject to the provisions of this chapter and all conditions of approval; or (b) remove the facility (or component of that facility) and all improvements installed in connection with the facility (or component of that facility), unless directed otherwise by the community development director, and restore the site to a condition in compliance with all applicable codes and consistent with the then -existing surrounding area. c. If the permittee fails to act as required in Section 21.34.070(A)(16)(b) within the prescribed time period, the City may (but shall not be obligated to) remove the abandoned facility (or abandoned component of the facility), restore the site to a condition in compliance with all applicable codes and consistent with the then - existing surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work. The City may, but shall not be obligated to, store the removed facility (or component of the facility) or any part thereof, and may use, sell or otherwise dispose of it in any manner the City deems appropriate. The last -known permittee or its successor -in -interest and, if on private property, the real property owner shall be jointly liable for all costs and expenses incurred by the City in connection with such removal, restoration, repair and storage, and shall promptly reimburse the City upon receipt of a written demand, including, without limitation, any interest on the balance owing at the maximum lawful rate. The City may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. Until the costs are paid in full, a lien shall be placed on the facility, all related personal property in connection with the facility and, if applicable, the real private property on which the facility was located for the full City Council Resolution No. 12786 Page 7 of 8 2041 S. Winchester Boulevard Conditional Use Permits with Site and Architectural Review (PLN-2021-128/129) amount of all costs for removal, restoration, repair and storage (plus applicable interest). The City Clerk shall cause the lien to be recorded with the County of Santa Clara Recorder's Office. Within sixty calendar days after the lien amount is fully satisfied including costs and interest, the City Clerk shall cause the lien to be released with the County of Santa Clara Recorder's Office. d. After a permittee fails to comply with any provisions of this Section 21.34.070(A)(16) (Abandonment), the City may elect to treat the facility as a nuisance to be abated as provided in the CIVIC (including, but not limited to, Chapter 6.10). 26.Indemnities: The permittee, service provider, and, if applicable, the non -government owner of the private property upon which the tower and/or base station is installed (or is to be installed) shall defend (with counsel reasonably satisfactory to the City), indemnify and hold harmless the City of Campbell its officers, officials, directors, agents, representatives, and employees (i) from and against any and all damages, liabilities, injuries, losses, costs and expenses and from and against any and all claims, demands, lawsuits, judgments, writs of mandamus and other actions or proceedings brought against the City or its officers, officials, directors, agents, representatives, or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval of the permit, and (ii) from and against any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, lawsuits, judgments, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of, in connection with or relating to the acts, omissions, negligence, or performance of the permittee, the service provider, and/or, if applicable, the private property owner, or any of each one's agents, representatives, employees, officers, directors, licensees, contractors, subcontractors or independent contractors. It is expressly agreed that the City shall have the right to approve (which approval shall not be unreasonably withheld) the legal counsel providing the City's defense, and the property owner, service provider, and/or permittee (as applicable) shall reimburse City for any and all costs and expenses incurred by the City in the course of the defense. Building Division 27. Permit Required: A Building Permit application shall be required forthe proposed project. The Building Permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 28. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. FIRE DEPARTMENT 29. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted City Council Resolution No. 12786 Page 8 of 8 2041 S. Winchester Boulevard Conditional Use Permits with Site and Architectural Review (PLN-2021-128/129) model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 30. No Violation: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the Fire Code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6].