Loading...
PC Res 3067RESOLUTION NO. 3067 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING A CONDITIONAL USE PERMIT TO ALLOW THE PLACEMENT OF SEVEN UTILITY CABINETS AND RELATED UTILITY SYSTEMS ON SEVEN PROPERTIES: 1. 1500 E. HAMILTON AVENUE IN A PO (PROFESSIONAL OFFICE) ZONING DISTRICT; 2. 14495 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT; 3. 191 REDDING ROAD IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT; AND 4. 131 UNION AVENUE IN AN R-3-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT, 5. 185 UNION AVENUE IN AN R-3-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT 6. 275 UNION AVENUE IN AN R-3-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT; AND 7. 325 UNION AVENUE IN AN R-3-S (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MS. DAWNA GRANT, ON BEHALF OF PACIFIC BELL ACN. UP 96-19 (A-G). 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 LIP 96-19 (A-G): The facilities proposed in the application consist of seven (7) node cabinets and associated cable and amplification systems that will form part of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide video programming to multiple subscribers in Santa Clara County, and would enable the applicant to provide video programming in the City of Campbell. This programming is more commonly known as cable television service; In order to make the system functional, the applicant will have to install related facilities in the City's public right-of-way; The project is not compatible with the existing building and sites, subject to the conditions of approval; Planning Commission Resolution No. 3067 LIP 96-19 (A-G) -7 Locations ~~ Pacific Bell ACN Page 2 The placement of the node cabinets in the landscape area will have limited visibility from public view and will be further screened with additional landscaping or fencing required by the conditions of approval; The project sites are adequately sized and improved to accommodate the proposed installations; o The applicant has neither applied for nor been granted a franchise under Chapter 5.20 of the Campbell Municipal Code; o The applicant does not have an Open Video System(OVS) certification from the Federal Communications Commission (FCC). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that the applicant has not complied with the prerequisite of obtaining a Franchise or OVS (Open Video Systems) Certification, and, therefore, the evidence does not show: 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. PASSED AND ADOPTED this 14th day of January, 1997, by the following roll call vote: AYE S: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alne, Jones, Lowe, Lindstrom Gibbons, Keams, Meyer-Kennedy None None APPROVED: ~---q.~ -C'~ eo~-/~ Sfi'san Keams, Chair