PC Res 3993RESOLUTION NO. 3993
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2009-117) FOR THE INSTALLATION OF A WIRELESS DATA
COMMUNICATIONS FACILITY ON AN EXISTING MONOPOLE
TOWER OWNED BY ROBERT CECIL, TRUSTEE, LOCATED AT 910
S. McGLINCY LANE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING
DISTRICT. APPLICATION OF MR. JAMES COSGROVE, ON
BEHALF OF CLEARWIRE, LLC. FILE NO.: PLN2009-117.
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 PLN2009-117.
Environmental Finding
The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the
California Environmental Quality Act (CEQA), pertaining to minor alterations to existing
private structures.
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 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
the wireless telecommunications facility consists of the installation of multiple wireless
antennas on an existing monopole tower and the installation of associated ground
mounted mechanical equipment within an existing screening equipment enclosure.
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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.
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;
^ Other than the installation of wireless communication antennas at a height in
conformance with all applicable regulations, the nonconforming monopole will remain
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 as conditioned;
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.
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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 (PLN2009-117) for the installation of a wireless data communications facility on an
existing monopole tower, owned by Robert Cecil, Trustee, located at 910 S. McGlincy Lane
in an M-1-S (Light Industrial) Zoning District.
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:
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-117) to
allow installation of new wireless-data antennas on an existing monopole tower and
related ground mounted equipment located at 910 S. McGlincy Lane. The project
shall substantially conform to the revised project plans dated as received on June 24,
2010, except as modified by the Conditions of Approval contained herein.
a. The maximum height of the proposed wireless antennas, mounted on the existing
monopole tower, shall not exceed 45 feet above existing grade. The applicant shall
submit three copies of revised project plans showing compliance with the maximum
height requirement herein.
b. Alternatively, the applicant may submit a cash deposit to the City in order for the
City to secure athird-party independent report to justify an increase in height from
45 feet to 57 feet. The Community Development Director shall have the authority to
allow the installation of one four-foot microwave dish antenna at a height of 57 feet if
the independent third-party's review of the facility and technology justifies the need
for the increased height pursuant to CMC Section 21.34.170F.
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2. 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.
3. 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.
4. 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.
5. Length of Permit Term: This Use Permit shall expire ten years after permit approval,
on July 13, 2020. If the use is to continue after that time, the applicant shall apply for a
new permit.
6. Landscape Plan: The applicant shall submit two (2) sets of a landscape/site plan to the
Planning Division showing the installation of landscape screening along the McGlincy
Lane frontage, prior to the issuance of building permits, for review and approval by the
Community Development Director. The landscape plan shall show aesthetically pleasing
vegetative screening and substantially conform to the City's Water Efficient Landscaping
Standards (WELS).
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 proposed wireless antennas and associated
equipment 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 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.
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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 Parkins: 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 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 or
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.
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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
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 Community Development Director of the complaint and the failure to satisfactorily
resolve such complaint. If the director determines that a violation of a condition of
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approval has occurred, the Community Development 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.
Building Division:
24. Permits Required: A building permit application shall be required for the proposed
antenna structures. The building permit shall include Electrical/Plumbing/Mechanical
fees when such work is part of the permit.
25. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
26. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
27. Plan Preparation: This project requires plans prepared under the direction and oversight
of a California licensed Engineer or Architect. Plans submitted for building permits shall
be "wet stamped" and signed by the qualifying professional person.
28. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details. Site address and parcel
numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
29. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permits, in
accordance with C.B.C Appendix Chapter 1, Section 106. You may obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
30. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" X 36") is available at the Building Division service counter.
31. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
Planning Commission Resolution No. 3993
PLN2009-117 - 910 S. McGlincy Lane -Use Permit - Clearwire, LLC
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PASSED AND ADOPTED this 13th day of July, 2010, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Alster, Cristina, Ebner, Gibbons, Rocha and Roseberry
None
None
Reynolds ,
APPROVE " ~` ~ `~ ~~~ `"~~
iz eth Gibbons, Chair
ATTEST:
irk Heinr' hs, Secretary