PC Res 4016RESOLUTION NO. 4016
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT
(PLN2010-248) TO ALLOW THE CONTINUED OPERATION AND
MODIFICATION OF AN EXISTING WIRELESS
TELECOMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 700
W. HAMILTON AVENUE IN A C-2 (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF AT&T. FILE NO.: PLN2010-248.
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 PLN2010-248:
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 C-2 (General Commercial).
2. The General Plan land use designation for this property is General Commercial, the
relocation of the existing facade mounted wireless antennas would allow the facility to be
integrated as much as reasonably possible, as modified per the Conditions of Approval,
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 but not preferred 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 modification and continued
operation of existing facade mounted antennas that shall be integrated into the existing
building design to the satisfaction of the Community Development Director, and the
modification and continued operation 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 aIN 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 existing modified antennas would be integrated into the existing building design
to the satisfaction of the Community Development Director;
^ 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.
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6. The establishment, maintenance, or operation of the proposed use to the general
welfare of the city. 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
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Conditional Use
Permit (PLN2010-248) to allow the continued operation and modification of an existing
wireless telecommunications facility on property located at 700 W. Hamilton Avenue in a
C-2 (General Commercial) 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 (PLN2010-248) to
allow the modification, redesign, replacement, and continued operation of existing
facade mounted wireless antennas and associate ground mounted equipment located
at 700 W. Hamilton Avenue. The project shall substantially conform to the project plans
dated as received on February 4, 2011, except as modified by the Conditions of
Approval contained herein.
a. The existing and modified antennas shall be integrated into the building's design to
the satisfaction of the Community Development Director. This could include
relocating the antennas to behind the parapet wall out of public view and replacing
the existing parapet or portions of the existing parapet with RF-friendly material to
match existing color and design. If the Director determines that integration into the
building as described is not feasible, the Director may approve the proposed
antenna screen as depicted in the applicant's desk item (photo simulation) received
by staff on March 22, 2011.
b. Revised plans reflecting this change shall be submitted to the Community
Development Director for consideration no more than twenty-one (21) days following
the Planning Commission's decision, unless appealed to the City Council.
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c. Should the Community Development Director not approve the redesign or should
no plans be submitted, the facility shall discontinue service and shall be removed
from the site. The timeframe necessary to remove the facility shall be determined
by the Community Development Director.
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 March 22, 2021. If the use is to continue after that time, the applicant shall apply
for a new permit.
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 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, if such a security does
not already exist.
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.
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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 Sians: 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.
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.
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14. 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.
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.
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.
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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 structure. 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
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
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PASSED AND ADOPTED this 22"d day of March, 2011, by the following roll call vote:
AYES: Commissioners: Alster, Brennan, Ebner, Resnikoff and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Gibbons
ABSTAIN: Commissioners: Reynolds
APPROVED: ~~~ ~~ ~~~~~
Bob Roseberry, C air
ATTEST:
Kir einri s, Secretary