PC Res 3818
RESOLUTION NO. 3818
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2007-76) TO ALLOW FOR THE RENEWAL OF A WIRELESS
TELECOMMUNICATIONS FACILITY (SPRINT-NEXTEL ANTENNAS
ON A PG&E TOWER) ON PROPERTY OWNED BY PG&E LOCATED
AT 1849 POLLARD ROAD IN A P-D (PLANNED DEVELOPMENT)
ZONING DISTRICT. APPLICATION OF MR. JASON OSBORNE, ON
BEHALF OF NSA WIRELESS, INC. FILE NO.: PLN2007-70.
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 PLN2007-70.
1. Wireless telecommunications facilities are permitted in the P-D Zoning District and
Residential Zoning District subject to the approval of a Conditional Use Permit.
2. The existing antennas on the PG&E tower and associated ground mounted equipment
cabinets are compatible with the existing site, subject to the Conditions of Approval.
3. The continued operation of the existing facility will not have an effect on parking and no
additional parking is required.
4. The site is of adequate shape and size to accommodate the stealthing required in order
to integrate the telecommunications facility with uses in the surrounding area.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed ptdject is consistent with the General Plan.
2. 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 Municipal Code:
3. 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.
4. 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.
5. 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.
Planning Commission Resolution No. 3818
PLN2007 -70 - 1849 Pollard Road - Use Permit
Page 2
6. 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.
7. 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.
8. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2007-70) to allow for the renewal of a wireless telecommunications facility
(Sprint-Nextel antennas on a PG&E Tower) on property owned by PG&E located at 1849
Pollard Road in a P-D (Planned Development) Zoning District.
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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2007-70) to
allow the continued operation of an existing stealth wireless telecommunications facility
located at 1849 Pollard Road. The project shall substantially conform to the project
plans and project description received by the Planning Division on April 20, 2007,
except as may be modified by the conditions of approval contained herein.*
* Planning sign off is required to prior to Building Permit final. Construction not
in substantial compliance with the approved project plans shall not be approved
without prior authorization of the necessary approving body.
Planning Commission Resolution No. 3818
PLN2007 -70 - 1849 Pollard Road - Use Permit
Page 3
3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or
any standards, codes, or ordinances of the City of Campbell shall be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
4. Lenath of Permit Term: This Use Permit shall expire ten years from the most recent
expiration date of November 24, 2003. Therefore, the expiration date shall now be
November 24, 2013. If the use is to continue, the applicant shall apply for a new
permit for an additional ten-year period. If technological improvements or
developments occur which allow the use of materially smaller or less visually
obtrusive equipment at this time, the service provider will be required to replace or
upgrade the approved facility upon application for a new Use Permit application to
minimize adverse effects related to land use compatibility, visual resources, public
safety or other environmental factors.
5. Previous Conditions: All conditions of approval of the previously-approved Use
Permit (UP98-09) and Site & Architectural Review Permit (S98-22) as approved by
the Community Development Director on November 24, 1998 shall remain in effect,
except as modified by conditions herein.
PASSED AND ADOPTED this 26th day of June, 2007, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and
Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED: if;;J ruza
Michael Rocha, Chair
ATTEST: