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PC Res 3146RESOLUTION NO. 3146 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF A WIRELESS ANTENNA TREE AND EQUIPMENT BUILDING ON PROPERTY LOCATED 700 W. HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. DAVID HARDY, ON BEHALF OF NEXTEL COMMUNICATIONS. FILE NO. LIP 97-15. 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 UP 97-15: Public service facilities are permitted in the C-2-S Zoning District subject to the approval of a conditional use permit. The project is compatible with the surrounding uses and site, subject to the conditions of approval. o The placement of an "antenna tree" within, and at a similar height of a grove of trees is integrated with the site. Additional landscaping, including specimen sized redwood trees, will soften the visual impact of the antennas and the equipment building. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project is consistent with the General Plan and the local zoning ordinance, and; The proposed project as conditioned will aid in the harmonious development of the immediate area; The establishment, maintenance or operation of the use applied for 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. The proposed site is of adequate shape and size to accommodate the yards, walls, fences, screening, landscaping and other development features required in order to integrate said use with uses in the surrounding area. Planning Commission Resolution No. 3146 UP 97-15 - 700 W. Hamilton Avenue -- Nextel Page 2 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: Approved Proiect: Approval is granted for a Use Permit allowing for the installation of 12 antennas, to be located no higher than needed for an adequate signal (see Condition 2), with the top height of 57 feet (antennas at 52 feet with five feet of foliage), camouflaged to have the appearance of a tree, including the use of bark on the trunk, a 200 square foot equipment facility building, and a 6 foot tall chainlink fence without slats, to be located outside the antenna pole and building, on property at 700 W. Hamilton Avenue. Project approval shall substantially comply with project plans prepared by RPR Architects, dated stamped as received by the Planning Department on January 20, 1997, and paint and tree samples submitted as part of the application. Height of Antennas: The applicant will provide authorization to the City to hire an independent radio frequency consultant to review and provide a written report on the minimum height for the antennas which would be necessary to obtain adequate signals both in buildings and in vehicles, based upon there being antennas at proposed and existing locations as indicated on the Nextel map of sites (red & yellow dots map in application). This authorization will include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Any proprietary information disclosed to the City or consultant is hereby deemed not to be a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant. 3. Permits: Applicant shall obtain any permits deemed necessary by the Building Official or the Uniform Building Code. 4. Building Division: The applicant shall provide engineering calculations for seismic and wind overturning mitigation measures. UBC 106.3.3 o Landscaping: The applicant shall prepare a detailed landscape and irrigation plan for review and approval by the Community development Department prior to the issuance of grading or building permits. The plans shall include the planting plan indicated in the conceptual plan approved by the Planning Commission with the following additions: A. All trees shall be 36 inch box in size. B. Additional redwood trees shall be planted southwest of the antenna to provide future screening. C. Shrubs shall be a minimum 5 gallon in size. D. Additional shrubs shall be planted under the deodar cedars to provide future screening. Planning Commission Resolution No. 3146 LIP 97-15 - 700 W. Hamilton Avenue -~ Nextel Page 3 A drip irrigation plan, as specified in the arborist report, shall be provided. The applicant shall make a good faith effort to work with the Santa Clara Valley Water District and Santa Clara County to locate areas where off-site landscaping can be installed to screen/blend in the visibility of the antennas. Tree Protection Plan: A tree protection plan shall be prepared by the arborist who prepared the tree survey for this application (Judith L Thomas, report dated 12/18/97). It shall include instructions and a site plan to include, but not be limited to, tree-protection fencing, grading methods, and root care before, during, and after construction. This plan shall be made a part of the grading plan for the project. No grading will commence until such grading/tree- protection plan has been approved by the Planning Department. 7. Lighting: All lighting shall be motion-sensor lighting. o Noise: The facility shall be operated so as to minimize any possible disruption caused by noise. Backup generators shall be operated only during periods of power outages. At no time shall equipment noise exceed 60 dBA at the property line. ° Facility Maintenance: The facility, including the tree, building, fencing and all attachments, shall be maintained in good repair, and free from graffiti and litter. Any damage shall be repaired to minimize dangerous conditions or visual blight. 10. Landscape Maintenance: The landscaping shall be maintained in good condition at all times, and Nextel Communications shall be responsible for replacing damaged, dead or decaying landscaping. Amendments or modifications to the approved landscape plans and landscape matehals shall be submitted for review by the Community Development Department. 11. Operation per FCC Radio Frequency Emission Standards: The operator of the facility shall demonstrate both initial compliance before commencement of operation, and continued compliance, on a yearly basis, with Federal Maximum Permissible Exposure limits for electric and magnetic field strength and power density for transmitters, or any more restrictive standard subsequently adopted or promulgated by the city, county, state or federal government. 12. Development Approval Expiration: The Use Permit approval (UP 97-15) for this project is valid for a period of one year from the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approval or the Use permit shall be void. 13. Review of Approval: This approval is effective for five years. The owner or owner's representative will revisit the Use Permit application every five years to determine that the equipment is consistent with current technology of new installations at that time and is visually less obtrusive as compared with what is in place at this time. Planning Commission Resolution No. 3146 UP 97-15 - 700 W. Hamilton Avenue -- Nextel Page 4 14. Revocation: At any time, the Director of Community development may initiate proceedings to revoke the permit upon a finding that the owner or operator has abandoned the facility, the facility is no longer in compliance with the conditions of approval within 180 days after a notice has been sent by the Director requiring the facility to be brought into compliance. 15. Appearance of Antenna Tree: To blend the "antenna tree" into the grove of trees, its shape is to be configured to better fit with that of the surrounding existing and future trees, i.e. more conical in shape, with the trunk to be tapered to a more natural-appearing width at the top. The branches shall extend down the tree to a point no higher than 35 feet from the ground. The plan submitted for a building permit with the City shall provide detail which indicates compliance with these conditions. PASSED AND ADOPTED this 10~ day of February, 1998, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: Gibbons, Lowe, Jones ABSENT: Commissioners: None ABSTAIN: Commissioners: None Francois, Keams, Lindstrom, Meyer-Kennedy APPROVE~: ~.~-~ Steve Piasecki, Secretary Dennis Lowe, Chair