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