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PC Res 3533RESOLUTION NO. 3533 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING AN EXTENSION OF APPROVAL (PLN2003-151) OF A PREVIOUSLY APPROVED ANTENNA INSTALLATION (AT&T) TO ALLOW THE CONTINUED USE ON PROPERTY OWNED BY LINMAN REALTY GROUP LOCATED AT 1300 WHITE OAKS ROAD IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. FILE NO. PLN2003-151. After notification and public heating, 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 PLN2003-151: 1. The proposed wireless telecommunications facility is consistent with the General Plan land use designation of Light Industrial. 2. The proposed wireless telecommunications facility is consistent with the M-1-S Zoning District with approval of a Conditional Use Permit. 3. The equipment room will be housed within the building and all antennas will be screened by an architecturally compatible roof screen. The panel antennas are mounted inside the existing roof screen and are not visible to the exterior of the building. The antennas would not be visible from the exterior of the roof screen. o The installation of the wireless antenna facility does not impact the existing parking facilities. No parking spaces are required for this project because the facility would be unmanned and would require a site maintenance visit approximately once a month. 6. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the City's General Plan and Zoning Ordinance. 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 proposed use is compatible with the uses in the area. Planning Commission Resolution No. 3533 PLN2003-151 -- 1300 White Oaks Road- Extension of Approval - AT&T Antennas Page 2 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. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 6. The proposed project will aid in the enhancement and the harmonious development of the immediate area. 7. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves An Extension of Approval (PLN2003-151) of a previously approved antenna installation to allow the continued use of property owned by Linman Realty Group located at 1300 White Oaks Road in an M-1-S (Light Industrial) Zoning District, subject to the following conditions: 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 Approved Project: Approval is granted for a Conditional Use Permit to allow the continued co-location of a wireless telecommunications facility for AT &T Wireless Services of California located at 1300 White Oaks Road. Project approval shall substantially comply with project plans dated as received by the Planning Division on November 1, 2003, except as may be modified by the conditions of approval herein. o Length of Permit Term: This Conditional Use Permit shall expire five years from the date of approval, on January 23, 2009. If the use is to continue, the applicant shall re- apply for a new Conditional Use Permit. Planning Commission Resolution No. 3533 PLN2003-151 -- 1300 White Oaks Road- Extension of Approval - AT&T Antennas Page 3 o 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 to minimize adverse effects related to land use compatibility, visual resources, public safety, or other environmental factor. Business License Required: A City Business License shall be obtained for this operation prior to the issuance of a building permit and shall be renewed annually. Outdoor Storage: No outdoor storage is permitted on the property in conjunction with this permit. Maintenance of Facilities: It is an ongoing obligation of AT&T Wireless Service, assignees, and successors in interest to maintain the exterior finish of the roof screen and equipment approved by this permit in good order. Faded, peeling, or damaged paint shall be repainted as soon as practical. Cessation of Operations: The service provider shall provide written notification to the Community Development 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. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of operations, a new Conditional Use Permit shall be required prior to use or reuse of the site. Security Required: 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 of the facility in the event that its use is abandoned or its Conditional Use Permit expires or is terminated and the equipment is not voluntarily removed. An estimate of the cost of removal shall be provided by AT&T Wireless Services for review by the City prior to submittal of security. 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. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets or cable trays painted to match the structure. 12. Compatibility With City and County Fire Emergency Services: The facility shall not be operated nor caused to transmit on or adjacent to any radio frequencies licensed to the City or Planning Commission Resolution No. 3533 PLN2003-151 -- 1300 White Oaks Road- Extension of Approval - AT&T Antennas Page 4 County Fire Department for emergency telecommunication services such that the agencies' emergency telecommunications system experience interference. 13. Lighting: The use of lighting shall not be allowed on telecommunication facilities. 14. 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. 15. Noise: The telecommunications facility, including power source, ventilation and cooling facilities, shall not generate noise discernible to a person of normal hearing on adjacent properties. The noise level on adjacent properties shall not exceed an exterior noise level of 65dBA or an interior noise level of 45 dBA from a building with windows and doors closed. 16. 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. 17. 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. 18. Odors: The testing of back-up generators shall not produce odors that adversely affect the public. 19. Maintenance Hours: Normal maintenance activities shall only occur between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday, excluding emergency repairs. 20. Safety: 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. Bo 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. 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. Planning Commission Resolution No. 3533 PLN2003-151 o- 1300 White Oaks Road- Extension of Approval - AT&T Antennas Page 5 Do 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. 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 on the communications equipment cabinet. PASSED AND ADOPTED this 13th day of January, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: Sharon Fierro, Secretary Alderete, Doorley, Francois, Rocha and Roseberry None Gibbons and Hernandez None APPROVED: o ~ Ge-0~ Doo~rley, Chair x',x,~