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PC Res 3404RESOLUTION NO. 3404 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2001-147) AND A CONDITIONAL USE PERMIT (PLN2001-148) TO ALLOW THE INSTALLATION OF TWO STUDIO TO TRANSMITTER LINK ANTENNAS ON THE ROOF OF AN EXISTING OFFICE BUILDING AT CAMPBELL TECHNOLOGY PARK ON PROPERTY LOCATED AT 655 CAMPBELL TECHNOLOGY PARKWAY IN A P-F (PUBLIC FACILITIES) ZONING DISTRICT. APPLICATION OF MR. JOHN BURGER, ON BEHALF OF ENTRAVISION COMMUNICATIONS CORPORATION. FILE NO. PLN2001-47/48. 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 application PLN2001-47/48: 1. Wireless telecommunications facilities are permitted in the P-D zoning district, subject to the approval of a Site and Architectural Review Permit and a Conditional Use Permit. 2. The General Plan land use designation for the project site is Research and Development. The proposed project is consistent with the General Plan land use designation. o Antenna no. 1, a dish antenna approximately six feet in diameter, will be moved to a less visible location at the northeast comer of the building. Antenna no. 2 will be replaced with a rectangular half-parabolic antenna measuring 36 inches high, 68 inches wide and 18 inches deep, which is smaller than the existing dish antenna. Due to the frequencies used and a high sensitivity to attenuation, the antennas cannot be obstructed by any material, including radio- frequency friendly panels. 4. The location of the antennas on the roof of an existing structure is a preferred location under the Wireless Telecommunications Facilities Ordinance. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and the Zoning Code. 2. The development and use are compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. Planning Commission Resoluuon No. 3404 PLN2001-47/48 - 655 Campbell Technology Parkway -Site & Conditional Use Permit -Antennas Page 2 o The establishment, maintenance or operation of the use, as conditioned, will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The antennas are as architecturally integrated with building as technologically feasible and the use is compatible with the existing research and development uses and the surrounding area. 5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 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 Califomia that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Approved Project: Approval is granted for a Site and Architectural Review Permit and Conditional Use Permit to allow the installation of two Studio to Transmitter Link antennas. Project approval shall comply with project plans prepared by Entravision Communications Corporation, except as modified herein in the Conditions of Approval. 2. Color and Finish of Antennas: The antennas shall be painted to match the existing parapet wall, which is a light gray color. Maintenance of Finish: It is an ongoing obligation of Entravision Communications Corporation, assignees and successors in interest to maintain the exterior finish of the antennas in good order. Faded, peeling or damaged paint or material shall be repainted as required by the Community Development Director. 4. Site and Architectural Review Permit and Conditional Use Permit Approvals Expiration: Within one year from the date of approval, a building permit must be obtained and construction completed one year thereafter or the Site and Architectural Review Permit and Conditional Use Permit approvals shall be void. 5. Length of Permit Term: This Site and Architectural Review Permit shall expire five years after permit approval, on January 8, 2007. If the use is to continue, the applicant shall apply Planning Commission Resoluuon No. 3404 PLN2001-47/48 - 655 Campbell Technology Parkway-Site & Conditional Use Permit -Antennas Page 3 for additional five-year periods, subject to approval by the Community Development Director. Cessation of Operations: The service provider shall provide written notification to the Community Development 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. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Site and Architectural Review Permit and Conditional Use Permit shall be required prior to use or reuse of the site. o Security Required: Prior to issuance of any permits for this facility, the applicant shall provide an irrevocable letter of credit, cash deposit, or other reasonable form of security, satisfactory to the City Attorney, in an amount reasonably sufficient to cover the cost of removal, for the removal of the facility in the event that its use is abandoned or its Site and Architectural Review Permit and Conditional Use Permit expire or is terminated and the equipment is not voluntarily removed. Entravision Communications Corporation shall provide an estimate of the cost of removal for review by the City prior to submittal of security. Upgrading of Facility Required: If technological improvements or developments occur which allow the use of materially smaller or less visually obtrusive equipment, the service provider will be required to replace or upgrade the approved facility upon application for a new Site and Architectural Review Permit and Conditional Use Permit to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 10. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 11. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets painted to match the structure. 12. Compatibility With City and County Fire Emergency Services: The facility shall not be operated nor caused to transmit on or adjacent to any radio frequencies licensed to the City or County Fire Department for emergency telecommunication services such that the agencies' emergency telecommunications system experience interference. 13. No Interference with Emergency Transmitters: The installation shall not interfere with any City or County Fire Department emergency service telecommunications facilities Transmitter. Planning Commission Resoluuon No. 3404 PLN2001-47/48 - 655 Campbell Technology Parkway -Site & Conditional Use Permit -Antennas Page 4 14. Lighting: The use of lighting shall not be allowed on telecommunication facilities unless required as a public safety measure. Where lighting is used, it shall be shielded to prevent glare on adjacent uses. 15. No Advertising: No advertising signage or identifying logos shall be displayed on wireless telecommunications facilities, except for small identification plates used for emergency notification or hazardous or toxic materials warning. 16. Noise: The telecommunications facility, including power source, ventilation and cooling facilities, shall not generate noise discemible to a person of normal hearing who occupies the fire station facilities. The noise level on adjacent residential uses shall not exceed an exterior noise level of 65dBA or noise level audible from a residential use with windows and doors closed an interior noise level of 45dBA. 17. Back-Up Generators: The noise level on adjacent residential uses created by backup generators shall not exceed an exterior noise level of 65dBA or noise level audible from a residential use with windows and doors closed an interior noise level of 45dBA. The generators shall only be operated during power outages or for testing and maintenance between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. 18. Maintenance Hours Restricted. Normal maintenance activities shall only occur between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday, excluding emergency repairs. 19. Heat Generation: The wireless telecommunication facility, including power source and cooling facility, shall not be operated so as to cause the generation of heat that adversely affects any building occupant. 20. Odors: The testing of back-up generators shall not produce odors that adversely affect the public. 21. Safety: mo Public Access Restricted: Antennas are to be sited in such a way and barriers and signage provided to prevent a person from passing within the safety limits established by the FCC-adopted standards for controlled access. Bo Warning Signs: Signage shall be maintained at the facility identifying all wireless telecommunication facility equipment and safety precautions for people nearing the equipment as may be required by any applicable FCC-adopted standards, including the RF radiation hazard warning symbol identified in ANSI C95.2-1982, to notify persons that the facility could cause exposure to RF emissions. C. Emissions Conditions: It is a continuing condition of this authorization that the facilities be operated in such a manner so as not to contribute to ambient RF/EMF emissions in Planning Commission Resolu,on No. 3404 PLN2001-47/48 - 655 Campbell Technology Parkway -Site & Conditional Use Permit -Antennas Page 5 excess of then current FCC adopted RF/EMF emission standards; violation of this condition shall be grounds for revocation. Periodic Safety Monitoring: The wireless telecommunications service provider shall submit to the Community Development Director 10 days after installation of the facilities, and every two years thereafter, a certification attested to by a licensed engineer expert in the field of EMR/RF emissions, that the facilities are and have been operated within the then current applicable FCC standards for RF/EMF emissions. As a co- location site, the report shall compare EMR/RF emissions at this location generated by all uses to the limits established by the FCC. The report shall be written in plain English. mo Emergency Contact: The service provider shall provide signage as required, including phone numbers of the utility provider, for use in case of an emergency. The signs shall be visibly posted on the communications equipment cabinet. Building Division 22. Permits Required: A building permit application shall be required for the proposed structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 23. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 24. Size of Plans: The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 25. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 26. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 27. Pollution Control Program: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Division service counter. 28. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan Planning Commission Resolm~on No. 3404 PLN2001-47/48 - 655 Campbell Technology Parkway -Site & Conditional Use Permit -Antennas Page 6 shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 29. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department SANTA CLARA COUNTY FIRE DEPARTMENT 30. Fire Sprinkler System: Any new rooftop construction for equipment housing shall be connected to the building's existing fire sprinkler system. 31. Emergency Power Generator: The installation of an emergency power generator to serve the antenna facility shall comply with all provisions of the 1997 Uniform Fire Code. PASSED AND ADOPTED this 8th day of January, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Gibbons, Hemandez, Jones and Leonard None Francois None Josc~ph Hernandez,~. Sharon Fierro, Secretary