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PC Res 3204RESOLUTION NO. 3204 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (UP 98-09) AND SITE AND ARCHITECTURAL APPROVAL (S 98-22) TO ALLOW THE INSTALLATION OF CELLULAR ANTENNAS ON AN EXISTING PG&E TRANSMISSION TOWER ON PROPERTY LOCATED AT 1849 POLLARD ROAD IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF NEXTEL COMMUNICATIONS. FILE NO. UP 98-09/S 98-22. 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 98-09/S 98-22: Wireless communication facilities are permitted in a Planned Development and Residential Zoning District subject to the approval of a conditional use permit and site and architectural permit. The project is compatible with the existing transmission tower by utilizing a design that minimizes its appearance. o The placement of the antennas on the transmission tower integrates well with the existing use and provides limited visibility of the antennas from public view. The required landscaping that will include trees, shrubs and ground cover will provide reasonable screening of the transmission tower and ground level equipment enclosures from the public view. 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. 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. 3204 UP 98-09/S 98-22 - 1849 Pollard Road 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 California 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 1849 Pollard Road. Project approval shall substantially comply with project plans prepared by 4Ground Design Group dated 9/30/98 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 submit four (4) copies of a landscaping plan indicating type and size of plant material, planting details and irrigation system along the frontage of the property in the area between the garage to the easterly portion of the property to the Community Development Department prior to issuance of building permits. Landscaping shall consist of trees, ground cover and shrubs and shall effectively screen the lower portion of the transmission tower and out buildings associated with the antenna facilities. Vines shall cover the equipment enclosure. 3. Permits: The 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 painted to match the structure. 5. Business License Required: The service provider of the wireless telecommunication facility shall obtain a city Business License. o 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. 3204 UP 98-09/S 98-22 - 1849 Pollard Road 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 waming. Back-Up Generators: Backup generators 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. 10. Odors: The testing of back-up generators shall not produce odors that adversely affect adjacent residential 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. 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. Co 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. The analysis shall include cumulative impacts of all facilities, including the PG & E transmission equipment and all other telecommunication equipment located on this property. Planning Commission Resolution No. 3204 LIP 98-09/S 98-22 - 1849 Pollard Road Page 4 mo Emergency Contact: The service provider shall provide emergency identification signage including phone numbers of the provider, for use in case of an emergency. The signs shall be visibly posted. 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. 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. 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. Eo 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 Attomey, 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. 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. 3204 LIP 98-09/S 98-22 - 1849 Pollard Road Page 5 PASSED AND ADOPTED this 24th day of November, 1998, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Francois, Gibbons, Jones, Keams, Lindstrom, Lowe, Meyer-Kennedy None None None ATTES ' SteVe Piasecki, Secretary APPROVED~ Dennis Lowe, Chair