PC Res 3961RESOLUTION NO. 3961
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2009-69) FOR THE CONTINUED OPERATION OF A WIRELESS
TELECOMMUNICATIONS FACILITY ON AN EXISTING PG&E
TRANSMISSION TOWER AND THE INSTALLTION OF THREE NEW
PANEL ANTENNAS AND SUPPORTING COAX CABLE ON
PROPERTY OWNED BY PG&E LOCATED AT 701 CREEKSIDE WAY
IN A P-F/O-S (PUBLIC FACILITIES/OPEN SPACE) ZONING DISTRICT.
APPLICATION OF MR. MARK LOBAUGH, ON BEHALF OF VERIZON
WIRELESS. FILE NO.: PLN2009-69.
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 PLN2009-69:
1. The General Plan land use designation for this property is Public Facility/Open
Space.
2. Non-stealth wireless telecommunication facilities are permitted in the PF/OS Zoning
District subject to the approval of a Conditional Use Permit.
3. The existing wireless telecommunication facility and proposed modifications are
compatible with the existing site, subject to the Conditions of Approval.
4. The continued operation of the existing facility will not have an effect on parking and
no additional parking is required.
5. The site is of adequate shape and size to accommodate the wireless facility in order
to integrate the telecommunications facility with uses in the surrounding area.
6. This project is Categorically Exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA), pertaining to minor alterations to existing private
structures.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The existing wireless telecommunications facility is consistent with the General Plan
with this land use designation.
2. The existing use is allowed within the applicable zoning district with a Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code
and the Municipal Code.
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3. The existing site is adequate in terms of size and shape to accommodate the fences
and walls, landscaping, parking and loading facilities, yards, and other development
features required in order to integrate the use with uses in the surrounding area.
4. The existing site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic the use would be expected to generate.
5. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the
subject property.
6. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use, or be detrimental or injurious to property and improvements in the neighborhood or
to the general welfare of the City.
7. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
8. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2009-69) for the continued operation of a wireless telecommunications
facility on an existing PG&E transmission tower and the installation of three new panel
antennas and supporting coax cable on property owned by PG&E located at 701
Creekside Way in a P-F/O-S (Public Facilities/Open Space) Zoning District.
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances,
laws and regulations and accepted engineering practices for the item under review.
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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
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Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
Acknowledged ~ Accepted:
./023
Ver,zon W eless D to
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-69) to
allow the continued operation of an existing wireless telecommunications facility with
the installation of three additional antennas and a new GPS antenna located at 701
Creekside Way. The project shall substantially conform to the project plans and
project description received by the Planning Division on May 21, 2009, except as may
be modified by the conditions of approval contained herein.
3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or
any standards, codes, or ordinances of the City of Campbell shall be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
4. 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.
5. New Permit Required: If a consecutive period of 180 days has lapsed since
cessation of operations, a new Site and Architectural Review Permit or Use Permit
shall be required prior to use or reuse of the site.
6. Length of Permit Term: The Conditional Use Permit approved herein shall be valid
for a period of ten (10) years from the effective date of the resolution adopted by the
Planning Commission.
7. Security Required: Within thirty (30) days of Planning Commission approval, 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.
8. 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
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application for a new Use Permit application to minimize adverse effects related to land
use compatibility, visual resources, public safety or other environmental factors.
9. Business License Required: Each service provider with a wireless telecommunications
facility in the City shall obtain a city business license.
10. 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.
11. Maintenance: All maintenance on the antennas is to be performed between the
hours of 7 a.m. and 9 p.m. with the exception of emergency repairs.
12. Maintenance of Finish: It is an ongoing obligation of the applicant, assignees and
successors in interest to maintain all components of the antennas and the exterior
finish of the structures and equipment approved by this permit in good order. Graffiti
shall be removed by repainting the surface of the structure or equipment with a
matching color as soon as practical.
13. Impact on Parking: The installation of wireless telecommunication facilities shall not
reduce required parking on the site.
14. 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.
b. 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 waroing symbol identified in ANSI C95.2-1982, to notify
persons that the facility could cause exposure to RF emissions.
c. 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 the current FCC adopted RF/EMF emission standards;
violation of this condition shall be grounds for revocation.
d. Hazardous Materials: If the contents of the equipment cabinet/building or base
transceiver station contain toxic or hazardous materials, a sign shall be placed on
or around the exterior of the base transceiver station or equipment cabinets and
building warning the public.
e. Periodic Safety Monitoring: The wireless telecommunications service provider shall
submit to the Director, 10 days after installation of the facilities and every two years
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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.
f. 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.
g. 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 at the communications equipment cabinet.
15. Li htin :The use of lighting shall not be allowed on telecommunication facilities unless
required as a public safety measure. Where lighting is used, it shall be shielded from
public view and operated only during times of necessity by a maintenance operator.
16. Noise: The wireless telecommunication facility, including power source, ventilation and
cooling facility, shall not generate noise discernible beyond the property lines.
17. Back-Up Generators: Back-up generators shall comply with the noise standard
referenced above and 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.
18. Heat Generation: The wireless telecommunication facility, including power source and
cooling facility, shall not be operated so as to cause the generation of heat that
adversely affects any building occupant.
19. Odors: The testing of back-up generators shall not produce odors that adversely affect
persons occupying residential, office or commercial uses.
20.Implementation and monitoring costs: The wireless telecommunications service
provider or its successor shall be responsible for the payment of all reasonable costs
associated with the monitoring of the conditions of approval contained in this
authorization, including costs incurred by this department, the office of the city attorney
or any other appropriate city department or agency. The community development
department shall collect costs on behalf of the city.
21. Transfer of Operation: Any carrier/service provider authorized by the community
development director or by the planning commission to operate a specific wireless
telecommunications facility may assign the operation of the facility to another carrier
licensed by the FCC for that radio frequency provided that the transfer is made known
to the community development director in advance of the operation and all conditions of
approval for the subject installation are carried out by the new carrier/service provider.
However, the carrier/service provider may, without advance notification, transfer
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operations of the facility to its general partner or any party controlling, controlled by or
under common control with the carrier/service provider.
22. Complaints and Proceedings: Should any party complain to the wireless
telecommunications service provider about the installation or operation of the facilities,
which complaints are not resolved by the wireless telecommunications service provider,
the wireless telecommunications service provider (or its appointed agent) shall advise
the Director of the complaint and the failure to satisfactorily resolve such complaint. If
the director determines that a violation of a condition of approval has occurred, the
Director may refer the matter to the Planning Commission for consideration of
modification or revocation of the permit.
23. Severability: If any clause, sentence, section or any part of these Conditions of
Approval is for any reason held to be invalid, such invalidity shall not affect or impair
other of the remaining provisions, clauses, sentences, or sections of these conditions. It
is hereby declared to be the intent of the City that these Conditions of Approval would
have been adopted had such invalid sentence, clause or section or part thereof not
been included herein.
PASSED AND ADOPTED this 22"d day of September, 2009, by the following roll call vote:
AYES: Commissioners: Alster, Cristina, Ebner, Gibbons, Rocha and Roseberry
NOES:
ABSENT:
ABSTAIN
Commissioners:
Commissioners:
Commissioners:
None
None
Reynolds
APPROVED:
ATTEST: `'
Pau er ~iyan, Secretary