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PC Res 4679 RESOLUTION NO. 4679 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL REVIEW (PLN-2023- 34) TO ALLOW FOR THE REMOVAL AND REPLACEMENT OF AN EXISTING ROOFTOP CUPOLA TO FACILITATE THE INSTALLATION OF A NEW ROOFTOP CONCEALED WIRELESS COMMUNICATIONS FACILITY (CUPOLA) ATOP AN EXISTING MULTI-TENANT COMMERCIAL BUILDING ON PROPERTY LOCATED AT 1630 W. CAMPBELL AVENUE IN THE C-1 (NEIGHBORHOOD 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. The Planning Commission did find as follows with regard to application PLN-2023-34: 1. The project site is zoned C-1 (Neighborhood Commercial) and designated Neighborhood Commercial by the General Plan. 2. The project site is an approximately 4-acre property positioned located on the south side of West Campbell Avenue, between South San Tomas Aquino Road and Fulton Street. 3. The project site is developed with a multi-tenant, L-shaped commercial building and associated parking areas, commonly known as the Kirkwood Shopping Plaza. Currently, the building’s tenants consist of a mix of commercial uses. The building features an existing cupola affixed atop the building in the southwest corner between Nob Hills Foods and Forthright Oyster Kitchen. 4. The existing wireless telecommunications facility was established in 2001 through the approval of a Conditional Use Permit and Site and Architectural Review Permit (PLN2001-00126,00122) through Planning Commission Resolution No. 3400, at which time the regulation of wireless facilities was governed by the City of Campbell’s Wireless Communications Facilities Ordinance (Ordinance No. 1965) which established site development, design, as well as permit time limitations for both new and existing facilities. Under this permit, the facility’s approval expired in 2006. 5. In 2013, the Community Development Director approved an Administrative Site and Architectural Review Permit (PLN2023-00102) to allow the reactivation of the existing wireless facility, and continued operation under the previously approved scope. Under this permit, the facility’s approval is set to expire in June 2023. 6. In 2021, the Planning Commission approved this application’s proposed scope of work through the adoption of Resolution No. 4626 associated with Conditional Use Permit, PLN-2021-90 (included as Attachment B in the May 23 Planning Commission Staff Report), but the entitlement expired per Condition No. 2, as the use was not established through the issuance of a Building Permit within one calendar year of Planning Commission Resolution No. 4679 Page 2 of 4 1630 W. Campbell Avenue Conditional Use Permit with Site and Architectural Review (PLN-2023-34) – AT&T approval. Since the prior approval of PLN-2021-90 in 2021, the City’s applicable standards as related to the proposal have not been modified therefore this project’s review is governed by the same requirements as the previous entitlement. 7. The applicant is requesting approval of a Conditional Use Permit with Site and Architectural Review to allow for the removal and replacement of an existing rooftop cupola to facilitate the installation of a new rooftop concealed wireless communications facility (Cupola) atop an existing multi-tenant commercial building. 8. The existing triangular prism cupola will be removed and replaced with a larger cupola in the shape of a truncated cone. The additional volume and surface area gained in the enlargement allows for the placement of additional wireless equipment on site. The existing tower’s red brick painted siding will be carried through the walls of the new cupola, and the standing seam metal roof matches the original. 9. The cupola is proposed to be 45-feet, 3-inches tall, or 10-feet, 3-inches taller than the maximum height allowed by the C-1 (Neighborhood Commercial) zoning district (i.e., 35- feet). 10. As the roof structure (i.e., cupola) would not serve to provide ‘additional floor space’, and the antennas support the operation of the onsite buildings (point of sale, music, and security systems often rely on or are supported by wireless connections), the proposed roof structure may be considered to house ‘similar equipment’ to those examples listed under CMC 21.18.050 and thereby warrants a height exception. 11. All aspects of the design of the facility, including the size and width of the facility, contribute to the concealment of the facility. 12. Any increase to the height and width of the facility or the wireless equipment would defeat the concealment of the cupola as designed. 13. The applicant also provided an assessment of alternative locations considered, and why they were found to be infeasible. 14. 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 CMC 21.46.050 (Site and architectural review). 15. Applicable General Plan Policies considered by the Planning Commission included, but were not limited to, the following: 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. Planning Commission Resolution No. 4679 Page 3 of 4 1630 W. Campbell Avenue Conditional Use Permit with Site and Architectural Review (PLN-2023-34) – AT&T 16. 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, and in consideration of the entire administrative record, the Planning Commission further finds and concludes that: Wireless Communications Facilities Findings (CMC Sec. 21.34.110): 17. The proposed facility, or modification to an existing facility, as conditioned will be a stealth or concealed facility as defined in Section 21.34.200; 18. The proposed facility, or modification to an existing facility, as conditioned will comply with all requirements of Chapter 21.34 (Wireless Communications Facilities); 19. The proposed facility, or modification to an existing facility, as conditioned will comply with all applicable design guidelines; 20. The proposed facility, or modification to an existing facility, as conditioned will be consistent with the general plan; Conditional Use Permit Findings (CMC Sec. 21.46.040): 21. 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; 22. The proposed use is consistent with the General Plan; 23. 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; 24. 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; 25. 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; 26. 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; Planning Commission Resolution No. 4679 Page 4 of 4 1630 W. Campbell Avenue Conditional Use Permit with Site and Architectural Review (PLN-2023-34) – AT&T Site and Architectural Review Permit Findings (CMC Sec. 21.42.060.B): 27. The project will be consistent with the General Plan; 28. The project will aid in the harmonious development of the immediate area; 29. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s); Environmental Finding(s) (CMC Sec. 21.38.050): 30. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and/or minor alteration of an existing private structure; and 31. 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 Planning Commission grants approval of a Conditional Use Permit with Site and Architectural Review (PLN-2023-34) to allow for the removal and replacement of an existing rooftop cupola to facilitate the installation of a new rooftop concealed wireless communications facility (Cupola) atop an existing multi-tenant commercial building on property located at 1630 W. Campbell Avenue subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 23rd day of May, 2023, by the following roll call vote: AYES: Commissioners: Krey, Ching, Ostrowski, Kamkar NOES: Commissioners: ABSENT: Commissioners: Buchbinder, Zisser, Fields ABSTAIN: Commissioners: APPROVED: Matt Kamkar, Acting Chair ATTEST: Rob Eastwood, Secretary Matt Kamkar (May 25, 2023 12:39 PDT) EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit with Site and Architectural Review (PLN-2023-34) 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 with Site and Architectural Review (PLN-2023-34) to allow for the removal and replacement of an existing rooftop cupola to facilitate the installation of a new rooftop concealed wireless communications facility (Cupola) atop an existing multi-tenant commercial building on property located at 1630 W. Campbell Avenue. The project shall substantially conform to the Project Plans included as Attachment B in the May 23, 2023, Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein. 2. Permit Approval Expiration: The Conditional Use Permit with Site and Architectural Review (PLN-2023-34) shall be valid for one year from the date of final approval (expiring June 3, 2024). Within this one-year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the Project Site, subject to continued operation of the use. Discontinuation of the use for a continuous period of twelve months shall void the Approval upon an affirmative determination by the Planning Commission in a public hearing that the use has been discontinued. 3. 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 Permit plan set during construction shall require submittal of a Building Permit Revision and approval by the Community Development Director and Building Official prior to Final Inspection. 4. 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). 5. Construction Activities: The applicant shall abide by the following requirements during construction: Planning Commission Resolution No. 4679 Page 2 of 7 1630 W. Campbell Avenue Conditional Use Permit with Site and Architectural Review (PLN-2023-34) – AT&T 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. 6. 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. 7. 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 building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work. 8. No Expansion of Ground Mounted Equipment: The facility is not approved for any expansion of the ground mounted equipment. Accordingly, no expansion of the 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. 9. 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. a. 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. 10. Supersede: The subject permit shall supersede all prior land use entitlements related to the subject facility. Planning Commission Resolution No. 4679 Page 3 of 7 1630 W. Campbell Avenue Conditional Use Permit with Site and Architectural Review (PLN-2023-34) – AT&T 11. Height: The height of the cupola (rooftop facility) may not be increased. 12. Length of Approval: The subject permit shall be valid for a period of ten years from the effective date of the approval (expiring June 2, 2033) 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 the Wireless Ordinance shall expire pursuant to the previously approved permit term. Nothing contained in this permit is intended to revive or extend any permit or use that expired on or prior to the effective date of the Wireless Ordinance. a. The permit may be renewed for subsequent time periods, subject to the following: i. The renewal application is filed with the community development department prior to expiration, but no earlier than twenty-four months prior to expiration. ii. The subject 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 the Wireless Ordinance (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. 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). 13. Business License Required: Each service provider with a wireless communications facility in the City shall obtain and maintain a City business license. 14. 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. 15. 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 Planning Commission Resolution No. 4679 Page 4 of 7 1630 W. Campbell Avenue Conditional Use Permit with Site and Architectural Review (PLN-2023-34) – AT&T costs are recoverable or collectible under applicable state and/or federal law. The community development department shall collect costs on behalf of the City. 16. 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 allowable heights, or minimum setbacks, and when such exception would not result in a perceivable visual impact. 17. 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). 18. Concealment: Every aspect of the facility design is considered an element of concealment including, but not limited to, the dimensions, bulk and scale, color, materials, and texture. Any modification to the facility shall be considered to defeat the concealment of the facility, and shall not be permitted. 19. Compliance with Applicable Laws: The permittee and service provider shall at all times comply with all applicable provisions of the CMC including, but not limited to, Title 21 (Zoning), any permit or approval issued under the CMC 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 CMC including, but not limited to, Title 21 (Zoning), any permit or approval issued under the CMC, or any other applicable laws, rules and regulations. 20. Compliance with Approved Plans: The facility shall be built in compliance with the approved plans on file with the Community Development Department. 21. 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. 22. 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 Planning Commission Resolution No. 4679 Page 5 of 7 1630 W. Campbell Avenue Conditional Use Permit with Site and Architectural Review (PLN-2023-34) – AT&T person. All such contact information for responsible parties shall be provided to the community development director upon request. 23. 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. 24. 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. 25. 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. 26. 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 Planning Commission Resolution No. 4679 Page 6 of 7 1630 W. Campbell Avenue Conditional Use Permit with Site and Architectural Review (PLN-2023-34) – AT&T 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 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 CMC (including, but not limited to, Chapter 6.10). 27. 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. Planning Commission Resolution No. 4679 Page 7 of 7 1630 W. Campbell Avenue Conditional Use Permit with Site and Architectural Review (PLN-2023-34) – AT&T Building Division 28. Permit Required: A Building Permit application shall be required for the proposed project. The Building Permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 29. 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 30. 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 model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 31. 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]. Resol 4679 ~ 1630 W. Campbell (AT&T) Final Audit Report 2023-05-25 Created:2023-05-25 By:Ken Ramirez (kenr@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAs5mxN0qplIf_iPZBsjZUeNI2cTLxHOso "Resol 4679 ~ 1630 W. Campbell (AT&T)" History Document created by Ken Ramirez (kenr@campbellca.gov) 2023-05-25 - 4:24:28 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-05-25 - 4:25:07 PM GMT Email viewed by Rob Eastwood (robe@campbellca.gov) 2023-05-25 - 5:54:26 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-05-25 - 5:54:36 PM GMT - Time Source: server Document emailed to mkamkar7@gmail.com for signature 2023-05-25 - 5:54:37 PM GMT Email viewed by mkamkar7@gmail.com 2023-05-25 - 7:37:26 PM GMT Signer mkamkar7@gmail.com entered name at signing as Matt Kamkar 2023-05-25 - 7:39:37 PM GMT Document e-signed by Matt Kamkar (mkamkar7@gmail.com) Signature Date: 2023-05-25 - 7:39:39 PM GMT - Time Source: server Agreement completed. 2023-05-25 - 7:39:39 PM GMT