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PC Res 3055RESOLUTION NO. 3055 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP 96-07) TO ALLOW ROOF-MOUNTED CELLULAR ANTENNAS ON PROPERTY LOCATED AT 700 W. HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. PATTY MEJIA, ON BEHALF OF SPRINT SPECTRUM. FILE NO. M 96-14 (UP 96-07). 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 M 96-14 (UP 96-07): Transceiving or transmitting facilities are permitted in the C-2-S Zoning District subject to the approval of a conditional use permit. The project is compatible with the existing building and site, subject to the conditions of approval. o The establishment of roof mounted antennas is in the best interest of the community. Additional landscaping along the easterly property line will provide screening of the ground level equipment enclosure from public view. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project is consistent with the General Plan and the local zoning ordinance, and The proposed project as conditioned will aid in the harmonious development of the immediate area; o 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. Planning Commission Resolution No. 3055 M 96-14 (UP 96-07) - 700 W. Hamilton Avenue - Sprint Spectrum Pal~e 2 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. 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. Approved Project: Approval is granted for a Modification to Use Permit 96-07 allowing for the installation of roof mounted cellular antennas on property located at 700 W. Hamilton Avenue. Project approval shall substantially comply with project plans prepared by Ehrlich Rominger dated 8/28/96 except as modified herein in the Conditions of Approval. 2. Permits: Applicant shall obtain any permits deemed necessary by the Building Official or the Uniform Building Code. Development Approval Expiration: The Modification approval (M 96-14) for this project is valid for a period of one year from the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approval or the Use permit shall be void. Mechanical Equipment: All ground level mechanical equipment which is visible from the public right of way shall be screened with appropriate materials to screen the equipment inside the enclosure. The equipment enclosure shall be screened with landscaping so as not to be visible from public view. Elevations of the enclosure is subject to the approval of the Community Development Director and required prior to issuance of building permits. o Landscaping: Applicant shall submit a landscaping plan indicating screening of the equipment enclosure with shrubs, and trees along the easterly property line along with planting details for and irrigation system to the Community Development Department for review and approval prior to issuance of building permits. Use Permit Renewal: This Conditional Use Permit shall be valid for a period of five (5) years. After five years, the applicant must apply for an extension through the Planning Commission and will be required either to demonstrate that this antenna technology is still the best available or upgrade the antennas to reflect newer and less visible technology. Planning Commission Resolution No. 3055 M 96-14 (UP 96-07) - 700 W. Hamilton Avenue - Sprint Spectrum Page 2 PASSED AND ADOPTED this 26~h day of November, 1996, by the following roll call vote: AYES: Commissioners: Alne, Jones, Keams, Kennedy NOES: Commissioners: None ABSENT: Commissioners: Gibbons ABSTAIN: Commissioners: None Lindstrom, Lowe, Meyer- ATTE T~ Steve Piasecki, S~cretary