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PC Res 3861 RESOLUTION NO. 3861 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT (PLN2007-167) TO ALLOW THE PROPOSED INSTALLATION OF A 100-FOOT MONOPOLE TOWER AS PART OF A COUNTY-WIDE EMERGENCY COMMUNICATIONS NETWORK (E-COMM SYSTEM CONSISTING OF 22 ANTENNAS LOCATED THROUGHOUT SANTA CLARA COUNTY) ON PROPERTY LOCATED AT CAMPBELL CITY HALL, 70 N. FIRST STREET IN A P-D PLANNED DEVELOPMENT) ZONING DISTRICT. CITY-INITIATED APPLICATION. FILE NO.: PLN2007-167. 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 -167. The Planning Commission finds as follows with regard to File No. PLN2007-167: 1. Wireless communication facilities are permitted in the P-D (Planned Development) Zoning District with the approval of a Conditional Use Permit. 2. The facility consists of a new 100-foot tall monopole tower that would be galvanized steel. 3. The City would install a three foot diameter microwave antenna dish and relocate all existing communication antennas to the new monopole tower. 4. The maximum building height in the P-D Zoning District is the maximum permitted height of the most restrictive abutting zoning district, which is the R-1-6 (Single-Family Residential) Zoning District. The height restriction in this zoning district is 35 feet. The height of the proposed mono pole is 100 feet. The Planning Commission may allow higher structures when it is found to be necessary to maintain the purpose of the district. 5. The installation of the wireless antenna facility will not have an impact on the existing parking for City Hall and no additional parking is required for this project. 6. The project qualifies as a Categorically Exempt project under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the construction of new small facilities and structures. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3861 PLN2007-168 - 70 N. First Street - Use Permit - Monopole Tower (E-Comm Project) Page 2 1. The project is consistent with the General Plan and Zoning Ordinance. 2. 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 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. 4. The project is compatible with the uses in the area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 6. 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. 7. 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 grants a Conditional Use Permit (PLN2007-167) to allow the proposed installation of a 100-foot monopole tower as part of a County-wide emergency communications network (E-Comm system consisting of 22 antennas located throughout Santa Clara County) to be installed at Campbell City Hall, 70 N. First Street in a planted median next to the Police parking lot between two Eucalyptus trees 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 Plannina Division: 1. Aooroved Proiect: Approval is granted for a Conditional Permit to allow the establishment of a 100 foot monopole tower facility located at Campbell City Hall at 70 North First Street. Project approval shall substantially comply with the project plans, Planning Commission Resolution No. 3861 PLN2007-168 - 70 N. First Street - Use Permit - Monopole Tower (E-Comm Project) Page 3 description and elevations prepared by the City of San Jose and stamped as received by the Planning Division on November 16, 2007, except as modified by the Conditions of Approval contained herein: a. No approval has been granted for the installation of a private wireless telecommunications co-location antenna array as part of this Monopole Tower. 2. Private Telecommunications Antenna: Any future applications for a private wireless telecommunications antenna array to be co-located on the Monopole Tower shall require processing of a independent Conditional Use Permit. 3. Develooment Aooroval Exoiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be issued or the Conditional Use Permit shall expire and be deemed void without further notification by the City. 4. Maintenance of Finish: It is an ongoing obligation of the applicant, assignees and successors in interest to maintain all components of the monopole and the exterior finish of the structures in good order. Graffiti shall be removed by repainting the surface of the structure or equipment as soon as practical. 5. Fencina Plan: Prior to the issuance of building permits for the project, the applicant shall submit four (4) sets of a fencing plan for review and approval by the Community Development Director. The fencing plan shall include information regarding the design and details of the fence and shall be constructed of an attractive and durable material. All fencing shall be installed to the satisfaction of the Community Development Director prior to a final building inspection. 6. Landscaoe Plan: Prior to the issuance of building permits for the project, the applicant shall submit four (4) sets of a detailed landscape and irrigation plans to the Community Development Director in order to determine the feasibility of the placement of additional landscaping. All landscaping approved by the Community Development Director shall be consistent with the City's Water Efficient Landscaping Standards (WELS) and should include: a. The installation, if room allows, for additional Eucalyptus tree(s) on the west side of the monopole. 7. Maintenance of Landscaoina: It is an ongoing obligation of the applicant, assignees and successors in interest to maintain the landscaping as may be required as part of this permit. 8. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code. The applicant shall comply with all plan submittals, permitting and fee requirements of the serving utility companies. Planning Commission Resolution No. 3861 PLN2007-168 - 70 N. First Street - Use Permit - Monopole Tower (E-Comm Project) Page 4 9. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets/enclosures painted to match the structure. 10. Liahtina: 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 from public view and operated only during times of necessity by a maintenance operator. 11. No Advertisina: 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. 12. Noise: The wireless telecommunication facility, including power source, ventilation and cooling facility, shall not generate noise discernible beyond the property lines. 13. 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. 14. Odors: The testing of back-up generators shall not produce odors that adversely affect the public. 15. Cultural Resources: If any prehistoric subsurface cultural resources are discovered during ground-disturbing activities, all work within 50 feet of the resources will be halted and the project proponent will consult with a qualified archeologist to assess the significance of the find according to the CEQA Guidelines Section 15064.5. If any find is determined to be significant, the project proponent and the archeologist will meet to determine the appropriate avoidance measures or other appropriate mitigation. The project proponent (as applicable) will make the final determination. All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. In considering any suggested mitigation proposed by the consulting archeologist in order to mitigate impacts to historical resources or unique archeological resource, the responsible public agency will determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) will be instituted. Work may proceed on other parts of the project site while mitigation for historical resources or unique archeological resources is being carried out.[Mitigation Measure CULT -1] The responsible public agency shall notify a qualified paleontologist of unanticipated discoveries, who shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find under the criteria set forth in Section 15064.5 of the CEQA Guidelines. In the event of an unanticipated discovery of a breas, Planning Commission Resolution No. 3861 PLN2007-168 - 70 N. First Street - Use Permit - Monopole Tower (E-Comm Project) Page 5 true, and/or trace fossil during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards (SVP 1995)). The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the responsible public agency determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented. The paleontologist shall submit the excavation plan to the responsible public agency for review and approval. [Mitigation Measure CULT-1] If human skeletal remains are uncovered during the project construction, the project proponent (depending upon the project component) will immediately halt work, contact the Santa Clara coroner to evaluate the remains, and follow the procedures and protocols set forth in Section 15064.5(e)(1) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, the project proponent will contact the NAHC, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and Public Resource Code 5097.98 (as amended by AB 2641). Per Public Resources Code 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archeological standards or practices, where Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. [Mitigation Measure CULT -1] 16. Hazards and Hazardous Materials: During construction, the excavation or exposure of soil in areas suspected of containing soil or groundwater contamination shall be monitored by the contractor and overseen by the authorized personnel of the local jurisdiction for subsurface contamination incompliance with the California Department of Occupational Safety and Health Administration (Cal/OSHA). The monitoring, at a minimum, would include visual observation by personnel with appropriate hazardous materials training. The ECOMM system construction contractor and the local jurisdiction will follow all federal, state and local regulations with regards to the disposal of all materials involved with the decommission of the wireless telecommunication structures for each affected jurisdiction. Therefore, impacts resulting in significant hazards to the public or environment through transport or disposal would be less than significant. [Mitigation Measure HAZ-1] 17. Construction Mitiaation Measures: The following practices should be followed during all phases of site preparation and construction activities: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take Planning Commission Resolution No. 3861 PLN2007-168 - 70 N. First Street - Use Permit - Monopole Tower (E-Comm Project) Page 6 place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses. f. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. h. Water all active construction sites daily and cover stockpiles of debris, soil, and other materials that can be blown by the wind. [Mitigation Measure AIR-i] i. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard (Le. the minimum required space between the top of the load and the top of the trailer). [Mitigation Measure AIR-i] j. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at the construction site. [Mitigation Measure AIR-1] k. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. [Mitigation Measure AlR-1] I. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. [Mitigation Measure AIR- 1] m. Install erosion control measures to prevent runoff from the project site. Planning Commission Resolution No. 3861 PLN2007-168 - 70 N. First Street - Use Permit - Monopole Tower (E-Comm Project) Page 7 18. Safetv: 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. b. Warnina Sians: 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 excess of then current FCC adopted RF/EMF emission standards; violation of this condition shall be grounds for revocation. Buildina Division: 19. Permits Reauired: 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. 20. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. Plan Preoaration: 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. 23. 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. 24. Soeciallnsoections: 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. Planning Commission Resolution No. 3861 PLN2007-168 - 70 N. First Street - Use Permit - Monopole Tower (E-Comm Project) Page 8 25. Non-ooint Source Pollution: 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" X 36") is available at the Building Division service counter. 26. Other Aaencv Aoorovals: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department PASSED AND ADOPTED this 11th day of December, 2007, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None ::~:OVED: ~~~~' Michael Rocha, Chair NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: