PC Res 3307RESOLUTION NO. 3307
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL GRANTING A SITE AND
ARCHITECTURAL APPROVAL (PLN2000-93) AND
CONDITIONAL USE PERMIT (PLN2000-131) TO ALLOW THE
PLACEMENT OF FOUR ANTENNAS ON AN EXISTING
PENTHOUSE ON THE ROOF OF THE PRUNEYARD TOWER II
BUILDING ON PROPERTY LOCATED AT 1999 S. BASCOM
AVENUE IN A C-2-0 (GENERAL COMMERCIAL/OVERLAY
DISTRICT) ZONING DISTRICT. APPLICATION OF MS. HEIDI
APPE, ON BEHALF OF ADVANCED RADIO TELECOM. FILE
NOS. PLN2000-93/PLN2000-131.
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 PLN2000-93/PLN2000-131:
1. Wireless communication facilities are permitted in the C-2-O Zoning District subject to
the approval of a conditional use permit and site and architectural review permit.
2. The proposed project is compatible with the existing building and penthouse by utilizing
a design that minimizes its appearance, subject to the conditions of approval.
The placement of the antennas inside the existing penthouse behind a fiberglass panel
painted to match the penthouse integrates well with the existing use and provides limited
visibility of the antennas from public view.
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 proposed project as conditioned will aid in the harmonious development of the
immediate area.
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.
Planning Commission Resomtion No. 3307
PLN2000-93/131 - 1999 S. Bascom Campbell Avenue- Advanced Radio Telecom
Page 2
The existing building is of adequate shape and size to accommodate the stealthing
required in order to integrate the telecommunications facility with uses in the
surrounding area.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State
of California. The lead department with which the applicant will work is identified on each
condition where necessary. 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
Approved Project: Approval is granted for a Site and Architectural Review Permit and
Use Permit to allow the installation of four (4) high-speed wireless broadband IPSP
antennas mounted on existing structural beams located inside an existing rooftop
penthouse. The project utilizes stealth techniques to reduce potential visual impacts.
Project approval shall comply with project plans prepared by On Design Architects, dated
8/22/2000, except as modified herein in the Conditions of Approval.
2. Color and Finish: The fiberglass panels shall be painted to match the existing penthouse.
Maintenance of Finish: It is an ongoing obligation of ART, assignees and successors in
interest to maintain the exterior finish of the fiberglass panels in good order. Faded,
peeling or damaged paint shall be repainted as soon as practical.
Development Approval Expiration: The Site and Architectural Review Permit approval
for this project will be valid for a period of one year from approval. All conditions of
approval specified herein must be completed within one year from the date of approval or
the Site and Architectural Review Permit shall be void.
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Length of Permit Term: This Site and Architectural Review Permit shall expire five
years after permit approval, on October 10, 2005. If the use is to continue, the applicant
shall apply for additional five-year periods, subject to approval by the Community
Development Director.
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Cessation of Operations: The service provider shall provide written notification to the
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.
Planning Commission Reso,ation No. 3307
PLN2000-93/131 - 1999 S. Bascom Campbell Avenue - Advanced Radio Telecom
Page 3
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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.
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 expires or is terminated and the equipment is not
voluntarily removed. An estimate of the cost of removal shall be provided by ART.
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 and/or Site and Architectural Review
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. Business License Required: A City Business License shall be obtained for this operation
and shall be renewed annually.
12. Cables: All external cables or equipment shall be obscured from public view by
enclosing them in architecturally designed cabinets painted to match the structure.
13. Compatibility With City Emergency Services: The facility shall not be operated, nor
caused to transmit on or adjacent to any radio frequencies licensed to the City for
emergency telecommunication services such that the City's emergency
telecommunications system experiences interference.
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.
Planning Commission Resomtion No. 3307
PLN2000-93/131 - 1999 S. Bascom Campbell Avenue - Advanced Radio Telecom
Page 4
16. Noise. The telecommunication facility, including power source, ventilation and cooling
facility, shall not generate noise discernible beyond the property lines.
17. 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.
18. 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.
19. Odors: The testing of back-up generators shall not produce odors that adversely affect
the public.
20. Safety:
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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.
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.
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.
Planning Commission Reso,ation No. 3307
PLN2000-93/131 - 1999 S. Bascom Campbell Avenue - Advanced Radio Telecom
Page 5
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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 at the communications equipment cabinet.
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.
Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
Size of Plans: The maximum size of construction plans submitted for building permits
shall be 24 inches by 36 inches.
Structural Drawings and Calculations: Plans shall include appropriate structural details
and calculations prepared by California licensed engineer to justify design.
Transfer of Structural Loads: Plans shall detail how new rooftop equipment loads are
supported and transferred within the existing structure.
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.
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. Approvals Required: The project requires the following agency
issuance of the building permit:
A. Santa Clara County Fire Department
approval prior to
PUBLIC WORKS DEPARTMENT
No Public Works Department Conditions.
COUNTY FIRE DEPARTMENT
No Fire Department Conditions.
Planning Commission Resomtion No. 3307
PLN2000-93/131 - 1999 S. Bascom Campbell Avenue- Advanced Radio Telecom
Page 6
PASSED AND ADOPTED this 10th day of October, 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Gibbons, Lindstrom, Lowe
None
Francois, Hernandez, Jones
None
ATTEST:
'~-4':? - ~'~l~liza~eth Gibbons, Chair
Sharon Fierro, Secretary