PC Res 3835
RESOLUTION NO. 3835
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2007-18) TO ALLOW THE RENEWAL OF ROOF-MOUNTED
CELLULAR ANTENNAS ON PROPERTY OWNED BY LESL Y J.
MORESCO LOCATED AT 125 E. SUNNYOAKS AVENUE IN AN M-1-S
(LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF MR.
JASON OSBORNE, ON BEHALF OF NSA WIRELSS. FILE NO:
PLN2007-18.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
Atter due consideration of all evidence presented, the Planning Commission did find as
follows with respect to application PLN2007-18.
1. Wireless telecommunications facilities are permitted in the M-1 Zoning District and non-
stealth facilities are subject to the approval of a Conditional Use Permit.
2. The existing antennas on the roof of the commercial building 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 wireless facility 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 project 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.
Planning Commission Resolution No. 3835
PLN2007-18 - 125 E. Sunnyoaks Avenue - Use Permit - Renewal of Cellular Antennas
Page 2
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.
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 (PLN2007-18) to allow the renewal of roof-mounted cellular antennas on
property owned by Lesley J. Moresco located at 125 E. Sunnyoaks Avenue in an M-1-S
(Light Industrial) 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 Proiect: Approval is granted for a Conditional Use Permit (PLN2007-18) to
allow the continued operation of an existing wireless telecommunications facility (roof
mounted antennas) located at 125 E. Sunnyoaks Avenue. The project shall
substantially conform to the project plans and project description received by the
Planning Division on February 12, 2007, except as may be modified by the conditions
of approval contained herein.
Planning Commission Resolution No. 3835
PLN2007-18 - 125 E. Sunnyoaks Avenue - Use Permit - Renewal of Cellular Antennas
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 after permit approval, on
October 8, 2011. 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
(UP96-10) as approved by the Planning Commission on October 8, 1996 shall remain
in effect, except as modified by conditions herein.
PASSED AND ADOPTED this 11th day of September, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner, Gibbons and Rocha
None
Roseberry
None
APPROVED:;Jl ~ M
Michael Rocha, Chair
ATTEST:
J