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PC Res 3201RESOLUTION NO. 3201 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (UP 98-07) AND SITE AND ARCHITECTURAL APPROVAL (S 98-21) TO ALLOW THE INSTALLATION OF A CELLULAR ANTENNA ON AN EXISTING PG&E TRANSMISSION TOWER ON PROPERTY LOCATED AT 701 E. HAMILTON AVENUE IN A PF (PUBLIC FACILITIES) ZONING DISTRICT. APPLICATION OF NEXTEL COMMUNICATIONS. FILE NO. LIP 98-08/S 98-21. 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 UP 98-08/S 98-21: Telecommunication facilities are permitted in the Public Facilities Zoning District subject to the approval of a Conditional Use Permit and a Site and Architectural Review Permit. The installation of cellular antennas at an existing PG & E substation is compatible with the existing uses on the site. o A condition of approval requires supplemental landscaping where possible on the property to provide reasonable screening of the antennas and the transmission tower. Additional landscaping to the site will improve the appearance of the property from public roadways which is consistent with the goals of the Community Design Study of enhancing Campbell's community image. 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. 2. The proposed project as conditioned will aid in the harmonious development of the immediate area. o 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. Planning Commission Resolution No. 3201 LIP 98-08/S 98-21 - 701 E. Hamilton Avenue Page 2 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. 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 Califomia that pertain to this development and are not herein specified: Approved Project: Approval is granted for a Use Permit and a Site and Architectural Permit allowing for the installation of cellular antenna facilities on property located at 701 E. Hamilton Avenue. Project approval shall substantially comply with project plans prepared by J.E. Schuricht & Associates except as modified herein in the Conditions of Approval. a. Painting of Antennas: All antenna facilities mounted to the transmission tower shall be painted to match the color of the transmission tower. Landscaping Plan: The applicant shall undertake a survey of the property from all public roadways including Highway 17 and submit four (4) copies of a landscaping plan indicating the location, type and size of trees that will supplement the existing landscaping. The placement of trees shall be located to reasonably screen the transformers and transmission tower from view from Creekside Way, Hamilton Avenue, Bascom Avenue, and Highwayl7. Landscaping for the area surrounding the ground mounted equipment enclosure shall be installed if it is visible from the public view. Planting details and the irrigation system shall be submitted to the Community Development Department for review and approval prior to the issuance of building permits. 3. Permits: Applicant shall obtain any permits deemed necessary by the Building Division of the Community Development Department. 4. Cables: All external cables or equipment shall be obscured from public view by enclosing them in architecturally designed cabinets and/or painted to match the structure. 5. Business License Required: The service provider shall obtain a City Business License. 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. Planning Commission Resolution No. 3201 UP 98-08/S 98-21 - 701 E. Hamilton Avenue Page 3 o 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. o 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. 9. Noise. The wireless telecommunication facility, including power source, ventilation and cooling facility, shall not generate noise discernible beyond the property lines. 10. Odors: The testing of back-up generators shall not produce odors that adversely affect the adjacent uses. 11. 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. 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. 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. 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. The report shall be written in plain English. Eo 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. Planning Commission Resolution No. 3201 UP 98-08/S 98-21 -701 E. Hamilton Avenue Page 4 12. Permit Expiration A. Development Approval Expiration: The Use Permit approval (UP 98-06) 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. Bo 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. Co 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. mo Security Required: 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. Fo Upgrading of Facili _ty 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. 3201 UP 98-08/S 98-21 -701 E. Hamilton Avenue Page 5 PASSED AND ADOPTED this 10t~ day of November, 1998, by the following roll call vote: AYES: Commissioners: Francois, Gibbons, Jones, Keams, Lindstrom, Meyer-Kennedy NOES: Commissioners: None ABSENT: Commissioners: Lowe ABSTAIN: Commissioners: None APPROVED: ATTE Stev~Piasecki, Secretary Brad Jones~~ng Chair