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PC Res 3999RESOLUTION NO. 3999 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2009-140) TO ALLOW A NEW CLEARWIRE WIRELESS FACILITY IN AN EXISTING OFFICE TOWER ON PROPERTY LOCATED AT 1901 S. BASCOM AVENUE IN A C-2-O (GENERAL COMMERCIAL - OVERLAY) ZONING DISTRICT. APPLICATION OF CLEARWIRE, LLC. FILE NO.: PLN2009-140. 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 PLN2009-140. The Planning Commission finds as follows with regard to file number PLN2009-140: 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-2-O (General Commercial -Overlay District). 2. The General Plan land use designation for this property is General Commercial. 3. Non-stealth wireless telecommunication facilities are permitted in the C-2-O (General Commercial -Overlay District) 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 in an existing office building. The installation would include three panel antennas, 14 microwave dish antennas, three RRUs, and two associated equipment racks. 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. 3999 PLN2009-140 - 1901 S. Bascom Avenue -Use Permit - Clearwire, LLC Page 2 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; 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2009-140) to allow a new Clearwire wireless facility in an existing office tower on property located at 1901 S. Bascom Avenue in a C-2-O (General Commercial -Overlay) 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 (PLN2009-140) to allow installation of Clearwire wireless-data ('Wi-Max') antennas and supporting equipment in an existing office building. The project shall substantially conform to the revised project plans stamped as received by the Planning Division on September 21, Planning Commission Resolution No. 3999 PLN2009-140 - 1901 S. Bascom Avenue -Use Permit - Clearwire, LLC Page 3 2010, except as may be modified by the conditions of approval contained herein. The installation may include up to four (4) additional microwave antennas and supporting equipment, for a total of eighteen (18) microwave antennas, with submittal of a signed letter from the property management authorizing the installation of additional microwave antennas beyond the fourteen (14) shown on the approved plans. 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 Site and Architectural Review Permit or Use Permit shall be required prior to use or reuse of the site. 5. 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. 6. 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. 7. Business License Required: Each service provider with a wireless telecommunications facility in the City shall obtain a city business license. 8. 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. Planning Commission Resolution No. 3999 PLN2009-140 - 1901 S. Bascom Avenue -Use Permit - Clearwire, LLC Page 4 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 Emergencv 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. Emergencv 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. 9. Noise: The wireless telecommunication facility, including power source, ventilation and cooling facility, shall not generate noise discernible beyond the property lines. 10. 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. 11. Odors: The testing of back-up generators shall not produce odors that adversely affect persons occupying residential, office or commercial uses. 12. 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. 13. 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 Planning Commission Resolution No. 3999 PLN2009-140 - 1901 S. Bascom Avenue -Use Permit - Clearwire, LLC Page 5 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. 14. 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. 15. 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. tt 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 26th day of October, 2010, by the following roll call vote: AYES: Commissioners: Alster, Cristina, Ebner, Gibbons, Resnikoff and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Reynolds APPROVED: ~~~~ ~ th Gibbons, hair ,-- ATTEST: Kirk He' s, S cretary