PC Res 3527 RESOLUTION NO. 3527
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2003-112) TO ALLOW THE CO-LOCATION OF A
WIRELESS TELECOMMUNICATIONS FACILITY ON PROPERTY
OWNED BY SUSA PARTNERSHIP, LP, LOCATED AT 187 E.
SUNNYOAKS AVENUE IN AN M-1-S (LIGHT INDUSTRIAL)
ZONING DISTRICT. FILE NO. PLN2003-112.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2003-112:
1. The proposed wireless telecommunications facility is consistent with the General Plan land
use designation of Light Industrial.
2. The proposed wireless telecommunications facility is consistent with the M-1 Zoning
District with approval of a Conditional Use Permit.
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The equipment cabinets will be housed in a 150 square foot storage unit within the existing
building. The cabinets would be located entirely within the building and would not be
visible from the exterior.
The panel antennas measure four feet three inches tall and would be mounted inside the
existing cupola on the roof of the building at six feet above the parapet of the building. The
antennas would not be visible from the exterior of the cupola.
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The addition of the new antennas within an existing cupola, where there is an existing
wireless cartier, will result in less visual clutter in the long term and reduce overall visual
impacts.
The installation of the wireless antenna facility will not have an impact on the existing six
parking spaces. No parking spaces are required for this project because the facility would
be unmanned and would require a site maintenance visit approximately once a month.
7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 3527
PLN2003-112 - 187 E. Sunnyoaks Avenue -- Use Permit - MetroPCS
Page 2
1. The proposed project is consistent with the City's General Plan and Zoning Ordinance.
The establishment, maintenance, or operation of the use will not be detrimental to the public
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.
3. The proposed use is compatible with the uses in the area.
The subject site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features required in order
to integrate said use with uses in the surrounding area.
5. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
6. The proposed project will aid in the enhancement and the harmonious development of the
immediate area.
7. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
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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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2003-112) to allow the co-location of a wireless telecommunications facility on
property owned by SUSA Partnership, LP, located at 187 E. Sunnyoaks Avenue, subject to the
following conditions:
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:
Planning Commission Resolution No. 3527
PLN2003-112 - 187 E. S unnyoaks Avenue -- Use Permit - MetroPCS
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Approved Project: Approval is granted for a Conditional Use to allow the co-location of a
wireless telecommunications facility located at 187 E. Sunnyoaks Avenue. Project approval
shall substantially comply with project plans dated as received by the Planning Division on
August 20, 2003, except as may be modified by the conditions of approval herein.
Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be
valid for one year from the date of final approval. Within this one-year period the use must
be established on the property and the conditions of approval satisfied. Failure to meet this
deadline will result in the Conditional Use Permit being void.
Length of Permit Term: This Conditional Use Permit shall expire five years from the date of
approval, on October 14, 2008. If the use is to continue, the applicant shall re- apply for a
new Conditional Use Permit.
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 Conditional Use Permit to minimize adverse effects related to land use compatibility,
visual resources, public safety, or other environmental factors.
Cupola Improvements: The applicant shall include the following items on the building
permit plan submittal:
A. The applicant shall install a door on the cupola where there is currently just an opening.
The door shall match the cupola in terms of material, color and style, to the satisfaction of
the Community Development Director.
B. The applicant shall re-paint the entire cupola to match the building roof color.
Business License Required: A City Business License shall be obtained for this operation
prior to the issuance of a building permit and shall be renewed annually.
Outdoor Storage: No outdoor storage is permitted on the property in conjunction with this
permit.
Maintenance of Facilities: It is an ongoing obligation of MetroPCS, assignees, and
successors in interest to maintain the exterior finish of the cupola and equipment approved by
this permit in good order. Faded, peeling, or damaged paint shall be repainted as soon as
practical.
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
Planning Commission Resolution No. 3527
PLN2003-112 - 187 E. Sunnyoaks Avenue -- Use Permit- MetroPCS
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within 180 days of termination of its lease with the property owner or cessation of operations,
whichever comes earlier.
10. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of
operations, a new Conditional Use Permit shall be required prior to use or reuse of the site.
11. Security Required: Prior to issuance of any building 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 of the facility in the event that its use is abandoned or its Conditional Use
Permit expires or is terminated and the equipment is not voluntarily removed. An estimate of
the cost of removal shall be provided by MetroPCS for review by the City prior to submittal
of security.
12. 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.
13. Cables: All external cables or equipment shall be obscured from public view by enclosing
them in architecturally designed cabinets or cable trays painted to match the structure.
14. 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.
15. Lighting: The use of lighting shall not be allowed on telecommunication facilities.
16. 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.
17. Noise: The telecommunications facility, including power source, ventilation and cooling
facilities, shall not generate noise discernible to a person of normal heating on adjacent
properties. The noise level on adjacent properties shall not exceed an exterior noise level of
65dBA or an interior noise level of 45 dBA from a building with windows and doors closed.
18. Back-Up Generators: Backup generators shall comply with the noise standard referenced
above and 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.
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.
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PLN2003-112 - 187 E. Sunnyoaks Avenue -- Use Permit - MetroPCS
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20. Odors: The testing of back-up generators shall not produce odors that adversely affect the
public.
21. Maintenance Hours: Normal maintenance activities shall only occur between the hours of
8:00 a.m. and 5:00 p.m., Monday through Saturday, excluding emergency repairs.
22. Safety:
A. 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.
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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.
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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
excess of then current FCC adopted RF/EMF emission standards; violation of this
condition shall be grounds for revocation.
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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.
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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
23. Permits Required: A building permit application shall be required for the proposed antenna
structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such
work is part of the permit.
24. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
Planning Commission Resolution No. 3527
PLN2003-112 - 187 E. S unnyoaks Avenue -- Use Permit- MetroPCS
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25. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches × 36 inches.
26. 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.
27. 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
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.
28. 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.
29. Water Pollution Prevention: 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 X 36 inches) is available at the Building Division service
counter.
30. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. Santa Clara County Fire Department
PASSED AND ADOPTED this 14th day of October, 2003, by the following roll call vote:
AYES: Commissioners: Alderete,
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Hernandez
ABSTAIN: Commissioners: None
Doorley, Francois, Gibbons, Rocha and
G-~or~ Doo~ley, Acting Cha~
ATTEST.' ~~~ 7~~
~r~aron Fierro, Secretary