PC Res 4005RESOLUTION NO. 4005
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT
(PLN2010-121) TO ALLOW THE INSTALLATION OF ROOF MOUNTED
WIRELESS DATA COMMUNICATION FACILITY ON PROPERTY
LOCATED AT 2959 WINCHESTER BOULEVARD IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. CHARNEL
JAMES, ON BEHALF OF CLEARWIRE, LLC. FILE NO.: PLN2010-121.
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 PLN2010-121:
Environmental Finding
The project qualifies as a Categorically Exempt project per Section 15301, CNass 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 C-2 (General Commercial).
2. The General Plan land use designation for this property is General Commercial, the
proposed roof mounted wireless antennas mounted to new RF-friendly roof screening
are integrated 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 C-2 (General
Commercial) Zoning District subject to the approval of a Conditional Use Permit.
4. The wireless telecommunications facility consists of the installation of wireless antennas
on three proposed RF-friendly roof screens and the installation of associated roof
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. 4005
PLN2010-121- 2959 Winchester Boulevard -Use Permit - Clearwire
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:
^ The proposed wireless telecommunication facility will be unmanned, and therefore not
incur traffic generation;
^ The proposed antennas would be roof mounted in conformance with current
regulations;
^ 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 modified 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 grants a Conditional Use
Permit (PLN2010-121) to allow the installation of a roof mounted wireless data
communications facility on property located at 2959 Winchester Boulevard in a C-2-S
(General Commercial) Zoning District.
Planning Commission Resolution No. 4005
PLN2010-121- 2959 Winchester Boulevard -Use Permit - Clearwire
Page 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:
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2010-121) to
allow installation of new roof mounted wireless-data antennas completely enclosed be
RF-friendly screening and associated mechanical equipment located at 2959
Winchester Boulevard. The project shall substantially conform to the project plans
dated as received on December 30, 2010, except as modified by the Conditions of
Approval contained herein:
Revise Sheet A-4 of the project plans, northeast elevation, to accurately reflect the
five foot minimum setback of the RF-Friendly screening from the roof parapet on all
sides.
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
January 11, 2021. If the use is to continue after that time, the applicant shall apply
promptly for a new permit prior to its 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
Planning Commission Resolution No. 4005
PLN2010-121- 2959 Winchester Boulevard -Use Permit - Clearwire
Page 4
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.
7. 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.
8. Business License Required: Each service provider with a wireless telecommunications
facility in the City shall obtain a city business license.
9. 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.
10. 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.
11. 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.
12. Impact on Parking: The installation of wireless telecommunication facilities shall not
reduce required parking on the site.
13. 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.
Planning Commission Resolution No. 4005
PLN2010-121- 2959 Winchester Boulevard -Use Permit - Clearwire
Page 5
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.
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.
16. 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.
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.
Planning Commission Resolution No. 4005
PLN2010-121- 2959 Winchester Boulevard -Use Permit - Clearwire
Paae 6
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
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 approval has
occurred, the Community Development 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.
Building Division:
23. Permits Required: A building permit application shall be required for the proposed
antenna related structures. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
24. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
25. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
26. 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.
27. 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
Planning Commission Resolution No. 4005
PLN2010-121- 2959 Winchester Boulevard -Use Permit - Clearwire
Paae 7
numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
28. 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.
29. 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.
30. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. Santa Clara County Fire Department
PASSED AND ADOPTED this 11th day of January, 2011, by the following roll call vote:
AYES: Commissioners: Alster, Resnikoff and Roseberry
NOES: Commissioners: Ebner and Gibbons
ABSENT: Commissioners: None
ABSTAIN: Commissioners: Reynolds
.~ ~
APPROVED: 1,.'C'~ c`~.~-t ~~~1
Bob Roseberry, C~hf'air
ATTEST: ~--
Ki einr hs, Secretary