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PC Res 3009RESOLUTION NO. 3009 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF CELLULAR ANTENNAS ON PROPERTY LOCATED AT 700 W. HAMILTON AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF PACIFIC BELL MOBILE SERVICES. FILE NO. UP 95-22. After notification and Public Hearing as specified by law to approve a Conditional Use Permit, 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 File No. UP 95-22: 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 architecturally compatible with the existing building, subject to the conditions of approval as imposed. 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 City's zoning ordinance; The proposed project as conditioned will aid in the harmonious development of the immediate area; and 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. 3009 UP 95-17 -- 700 W. Hamilton Avenue -- Pacific Bell Mobile Services Page 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 Use Permit allowing for the installation of a wireless transceiving facility on property located at 700 W. Hamilton Avenue. Project approval shall substantially comply with project plans prepared by JM Consulting Group, Inc with revisions as submitted on November 8, 1995. Permits: Applicant shall obtain any permits deemed necessary by the Building Official or the Uniform Building Code. Development Approval Expiration: The Use Permit approval (UP 95-22) or 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. Central Fire Department Requirement: If cellular equipment (other than antennas) is to be located on the roof or within the building, these equipment room(s) areas shall be provided with an automatic fire sprinkler system. 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. Noise Evaluation: Applicant shall test its equipment and demonstrate that any noise from the equipment shall not exceed ambient levels. If sound is audible, applicant shall provide acoustical screening to mitigate noise prior to operation. Planning Commission Resolution No. 3009 UP 95-17 -- 700 W. Hamilton Avenue -- Pacific Bell Mobile Services Page 2 PASSED AND ADOPTED this 14th day of November, 1995, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer- Kennedy None None None