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PC Res 3981RESOLUTION NO. 3981 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2009-80) TO ALLOW CONTINUED OPERATION OF AN EXISTING VERIZON WIRELESS MONOPOLE CELL SITE ON PROPERTY LOCATED AT 910 S. McGLINCY LANE. APPLICATION OF MR. JASON OSBORNE, ON BEHALF OF CROWN CASTLE, INC. FILE NO.: PLN2009-80. 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 PLN2009-80. Environmental Finding The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to the permitting of existing facilities where no expansion of the existing use is proposed. Evidentiary Findings 1. The Zoning District for this property is M-1 (Light Industrial). 2. The General Plan land use designation for this property is Light Industrial and the existing wireless telecommunications antennas are integrated into the existing monopole as much as reasonably possible, in compliance the General Plan Land Use Element: a. 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. Non-stealth wireless telecommunication facilities are permitted in the M-1 (Light Industrial) Zoning District subject to the approval of a Conditional Use Permit. 4. The wireless telecommunications facility consists of an existing monopole tower with wireless telecommunication antennas and related existing ground mounted mechanical equipment. 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. Planning Commission Resolution No. 3981 PLN2009-80 - 910 S. McGlincy Lane -Use Permit -Verizon Wireless Page 2 6. The Planning Commission has found that this project satisfies all applicable requirements governing development of wireless telecommunications facilities pursuant to Chapter 21.34 of the Campbell Municipal Code, including but not limited to: ^ Associated ground-level equipment is fully screened within an existing equipment enclosure; ^ The proposed wireless telecommunication facility will be unmanned, and therefore not incur traffic generation; ^ The monopole will remain unchanged and unaltered from its current condition; • The proposed wireless telecommunication equipment satisfies applicable FCC exposure requirements and is therefore compatible with adjacent residential uses ; and, ^ The wireless telecommunication facility provides a beneficial service to the City in manner harmonious with the community. 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: 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; 2. The proposed use is consistent with the General Plan; 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; 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. 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2009-80) to allow continued operation of an existing Verizon Wireless monopole cell site on property located at 910 S. McGlincy Lane. Planning Commission Resolution No. 3981 PLN2009-80 - 910 S. McGlincy Lane -Use Permit -Verizon Wireless Paae 3 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 thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: Authorized Representative of Date Crown Castle, Inc. 2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-80) to allow continued operation of a Verizon Wireless wireless telecommunication facility on an existing monopole tower. The project shall substantially conform to the revised project plans and project description received by the Planning Division on March 30, 2010, 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 Conditional Use Permit shall be required prior to use or reuse of the site. Planning Commission Resolution No. 3981 PLN2009-80 - 910 S. McGlincy Lane -Use Permit - Verizon Wireless Page 4 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. 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. Securit Re uired: 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 Conditional Use 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 application for a new Conditional 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 Planning Commission Resolution No. 3981 PLN2009-80 - 910 S. McGlincy Lane -Use Permit - Verizon Wireless Paae 5 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. 15. Lighting: 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. Planning Commission Resolution No. 3981 PLN2009-80 - 910 S. McGlincy Lane -Use Permit - Verizon Wireless Paae 6 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 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 27th day of April, 2010, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commission rs: ~~ i r i i ATTEST: Alster, Cristina, Ebner, Gibbons, Rocha and Roseberry None None / Reynolds APPROVE Gibbons, Chair ~i~- Paul Kermo~rtan, Acting Secretary