PC Res 3190RESOLUTION NO. 3190
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE PLACEMENT OF ROOF-MOUNTED CELLULAR
ANTENNAS ON PROPERTY LOCATED 187 E. SUNNYOAKS AVENUE
IN AN M- 1-S (LIGHT INDUSTRIAL) ZONING DISTRICT.
APPLICATION OF NEXTEL. FILE NO. LIP 97-16.
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 98-16:
Public service facilities are permitted in the M-1-S Zoning District subject to the
approval of a conditional use permit.
The project is compatible with the existing building and site, subject to the
conditions of approval.
The placement of the antennas on the roof within an enclosure designed to integrate
with the existing roof are architecturally consistent and integrated with the building.
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 local zoning
ordinance, and;
2. The proposed project as conditioned will aid in the harmonious development of the
immediate area;
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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.
4. The proposed site is of adequate shape and size to accommodate the screening,
required to integrate said use with uses in the surrounding area.
Planning Commission Resolution No. 3190
UP 97-16 - 187 E. Sunnyoaks 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 Project: Approval is granted for a Use Permit allowing for the installation of 12
roof-mounted, 12-foot high antennas within an enclosure on the building and a 200 square
foot equipment facility room within the building on property located at 187 E. Sunnyoaks
Avenue. Project approval shall substantially comply with project plans prepared by Artech
Design Group dated 6/26/98 (revision 4) and September 2, 1998 (photo simulation).
2. Removal of Mock-up Antennas: Prior to issuance of the building permit, the applicant shall
removal the antenna mock-ups now on the roof of the building at 187 E. Sunnyoaks Avenue.
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Enclosure: The applicant shall demonstrate that the fiberglass enclosure will have the same
appearance as the metal roof. The enclosure shall be constructed and approved by the City
prior to the antennas being activated for commercial use.
Maintenance: Should the City determine that the fiberglass enclosure has worn in such a
manner as to distinguish it from the roof, the applicant shall respond with a proposed
solution(s) within 30 days of receipt of written notice, and shall implement the approved
solution within 30 days of its approval by the City.
5. Permits: Applicant shall obtain any permits deemed necessary by the Building Official or the
Uniform Building Code.
6. Building Division: The applicant shall provide engineering calculations for seismic and wind
overturning mitigation measures. UBC 106.3.3
°
Central Fire District: If the Nextel switching equipment room is to be protected by a stand-
alone fixed fire protection system, plan review and permit issuance shall occur through the
Fire Department prior to commencing any work.
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Cables: All external cables or equipment shall be obscured from public view by enclosing
them in architecturally designed cabinets painted to match the building or be run internally
through the building.
9. Business License Required: Each service provider with a wireless telecommunication
facility in the City shall obtain a city Business License.
Planning Commission Resolution No. 3190
UP 97-16 - 187 E. Sunnyoaks Avenue -- Nextel
Page 3
10. 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.
11. No Impacts on Adjacent Uses:
A. Lighting: The use of lighting shall not be allowed on wireless telecommunication
facilities unless required as a public safety measure. Where lighting is used, it shall be
shielded to prevent glare on adjacent uses.
B. 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.
C. Noise. The wireless telecommunication facility, including power source, ventilation and
cooling facility, shall not generate noise discernible beyond the property lines. The noise
shall not be discernible within the area of the on-site caretaker's quarters.
D. 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.
E. 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.
F. Odors: The testing of back-up generators shall not produce odors that adversely affect
the patrons or caretaker of the facility.
12. 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.
B. 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. 3190
UP 97-16 - 187 E. Sunnyoaks Avenue -- Nextel
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D. 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. The report
shall be written in plain English.
E. 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.
13. Permit Expiration
A. Development Approval Expiration: The Use Permit approval CUP 97-16) 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.
B. Review of Approval: This Conditional Use Permit approval is effective for five years. If
the use is to continue, the applicant shall apply for an extension prior to the expiration of
this permit.
C. 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.
D. New Permit Required: If a consecutive period of 180 days has lapsed since cessation of
operations, a new use permit shall be required prior to use or reuse of the site.
E. Security Required: Prior to issuance of any permits for new wireless telecommunications
facilities, or prior to renewing a Use Permit or Site and Architectural Review Permit for
an existing wireless telecommunications facility, the applicant shall provide an
irrevocable letter of credit 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 Use Permit or Site and
Architectural Review Permit expires or is terminated and the equipment is not voluntarily
removed.
F. 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 use permit application to minimize adverse effects related to land
use compatibility, visual resources, public safety or other environmental factors.
Planning Commission Resolution No. 3190
UP 97-16 - 187 E. Sunnyoaks Avenue -- Nextel
Page 5
PASSED AND ADOPTED this 13th day of October, 1998, by the following roll call vote:
AYES: Commissioners:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners: Lowe
Commissioners: None
Francois, Gibbons, Jones, Keams, Lindstrom,
Meyer-Kennedy
None
PROVED:
ATTESTd..// ' ~ X ~ .'
Steve Piasecki, Secretary
Brad Jones, hair