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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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