PC Res 3980RESOLUTION NO. 3980
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2009-139) TO ALLOW INSTALLATION OF CLEARWIRE
WIRELESS-DATA (`WI-MAX') EQUIPMENT ON AN EXISTING
MONOPOLE ON PROERTY LOCATED AT 1630 W. CAMPBELL
AVENUE. APPLICATION OF CLEARWIRE LLC. FILE NO.:
PLN2009-139.
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 PLN2009-139.
Environmental Finding
1. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the
California Environmental Quality Act (CEQA), pertaining to minor alterations of existing
private structures.
Evidentiary Findings
1. The Zoning District for this property is C-1 (Neighborhood Commercial).
2. The General Plan land use designation for this property is Neighborhood Commercial.
3. Non-stealth wireless telecommunication facilities are permitted in the C-1 (Neighborhood
Commercial) Zoning District subject to the approval of a Conditional Use Permit.
4. The proposed wireless telecommunications facility consists of new wireless-data
antennas and related equipment on an existing monopole. The installation would include
three 42" panel antennas, one 12" microwave dish antenna, three BTS units, one GPS
unit, and an associated 30 cu-ft equipment cabinet.
5. The purpose of discretionary review of wireless telecommunications facilities is to
minimize the adverse visual impacts and operational effects of these facilities using
appropriate design, siting and screening techniques while providing for the personal
communications needs of residents, local business and government of the city and the
region.
Based upon the foregoing findings of fact and pursuant to Section 21.46.040 of the
Campbell Municipal Code, the Planning Commission further finds and concludes that:
Planning Commission Resolution No. 3980
PLN2009-139 - 1630 W. Campbell Avenue -Use Permit - Clearwire, LLC
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1. The proposed use is allowed within the applicable zoning district with Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code
and the Campbell Municipal Code in that the review of the Planning Commission has
found this project to be satisfy all applicable requirements governing development of
wireless telecommunications facilities pursuant to Chapter 21.34 of the Campbell
Municipal Code;
2. The proposed use is consistent with the General Plan in that the proposed wireless
telecommunications antennas are integrated into the existing monopole as much as
reasonably possible, in compliance the General Plan Land Use Element:
Strategy LUT-9.31: Wireless Telecommunication Facilities: Minimize the visual impact
of wireless telecommunication facilities by designing them as an integral architectural
feature to a structure.
3. The proposed 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 in that
associated ground-level equipment would be fully screened within an existing equipment
enclosure.
4. The proposed site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic the use would be expected to generate in that the proposed
wireless telecommunication facility will be unmanned, and therefore not incur traffic
generation.
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 in that the proposed wireless telecommunication equipment satisfies applicable
FCC exposure requirements and is therefore compatible with adjacent residential uses ;
and
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 in that the wireless telecommunication facility will provide a
beneficial service to the City in manner harmonious with the community.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use
Permit (PLN2009-139) to allow installation of Clearwire wireless-data (`Wi-Max') equipment
on an existing monopole on property located at 1630 W. Campbell Avenue.
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PLN2009-139 - 1630 W. Campbell Avenue -Use Permit - Clearwire, LLC
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The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, 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:
Declaration of Acceptance of All Conditions: Within
Commission approval, the applicant shall sign the final,
Approval. Until said Conditions are signed, the propose
for any permits sought from the City.
thirty (30) days of Planning
approved set of Conditions of
d Use Permit shall not be valid
Acknowledged & Accepted:
Authorized Representative of
Clearwire, LLC
Date
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-139) to
allow installation of Clearwire wireless-data (`Wi-Max') equipment on an existing
transmission tower. The project shall substantially conform to the revised project plans
and project description received by the Planning Division on March 31, 2010, except as
may be modified by the conditions of approval contained herein:
All antennas will be in anon-reflective finish, colored to match the transmission
tower.
Panel antennas will be flush-mounted.
All coaxial cabling shall be within the pole.
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
Planning Commission Resolution No. 3980
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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, consistent with State law. Prior to the expiration of the permit, the
applicant shall receive a new permit approval or otherwise remove the facility prior to
the permit's expiration.
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.
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.
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.
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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 warning 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
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.
14. 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.
15. Noise: The wireless telecommunication facility, including power source, ventilation and
cooling facility, shall not generate noise discernible beyond the property lines.
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16. Back-Ug 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.
17. 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.
18. Odors: The testing of back-up generators shall not produce odors that adversely affect
persons occupying residential, office or commercial uses.
19. 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.
20. 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
operations of the facility to its general partner or any party controlling, controlled by or
under common control with the carrier/service provider.
21. 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.
22. 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.
Planning Commission Resolution No. 3980
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PASSED AND ADOPTED this 13th day of April, 2010, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alster, Cristina, Gibbons and Roseberry
None
Ebner and Rocha
Reynolds
APPROVED:
Gibbons, Chair
ATTEST:
Paul Ker yan, Acting Secretary