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PC Min 06/08/2004 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDA Y JUNE 8, 2004 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of June 8, 2004, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Doorley and the following proceedings were had, to wit: ROLLCALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: George Doorley Elizabeth Gibbons Tom Francois Joseph D. Hernandez Michael Rocha Bob Roseberry Commissioners Absent: Commissioner: Bob Alderete Staff Present: Community Development Director: Senior Planner: Planner I: City Attorney Recording Secretary: Sharon Fierro Geoff I. Bradley Stephanie Willsey William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission minutes of May 25, 2004, were approved as submitted. (6-0-1; Commissioner Alderete was absent) COMMUNICATIONS 1. Revised findings for Agenda Item No.4. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of June 8, 2004 Page 2 ORAL REOUESTS There were no oral requests. *** PUBLIC HEARING Chair Doorley read Agenda Item No.1 into the record. 1. PLN2004-42 Benepal, A. Public Hearing to consider the application of Mr. Amrit Benepal, on behalf of Denny's #7416, for a Conditional Use Permit (PLN2004-42) to allow 24-hour restaurant operation within an existing restaurant on property owned by Denny's located at 2060 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Project Planner: Tim J. Haley, Associate Planner Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: . Advised that in April 2001, Council adopted an Ordinance to eliminate non-permitted late night uses after 11 p.m. This Ordinance established a deadline for those businesses that had grandfathered uses to comply with the requirement to seek a Use Permit. . Described this request for Denny's, within a building that was constructed in 1975, which has operated 24 hours for a number of years. The site is located on the southeast corner of Bascom Avenue and Arroyo Seco Drive and abuts residential to the south and east, with commercial uses to the north and west. . Recommended a condition that allows review of these hours of operation in the event of complaints. However, historically, there have been no complaints. . Added that the project is well parked and exceeds parking requirements. . Advised that the site landscaping has not been maintained and a condition is imposed to require that the landscaping be refurbished. . Said that the Police Department had no objections and that SARC did not review this project. . Recommended approval. Chair Doorley asked about the review process for landscaping compliance. Senior Planner Geoff I. Bradley said that a detailed landscape plan would be submitted to the Community Development Director for review and approval. Chair Doorley asked how installation of this landscaping could be ensured. Senior Planner Geoff I. Bradley advised that Planning staff would do a final inspection of the landscaping. Planning Commission Minutes of June 8, 2004 Page 3 Director Sharon Fierro suggested that the Commission's approval could be vested only after the landscaping is installed. Chair Doorley opened the Public Hearing for Agenda Item No t Chair Doorley closed the Public Hearing for Agenda Item No. ~. Commissioner Rocha mentioned that he had noticed that the landscaping on this site was in need of replacement and pointed out that he had seen the dumpster and trash containers outside of the approved enclosure. Senior Planner Geoff I. Bradley said that while this issue is not addressed directly, Condition 6 requires that there be no outdoor storage. He asked Commissioner Rocha if the enclosure on site seemed inadequate. Commissioner Rocha replied that it seemed to be large enough but that the containers had simply not been put away within the trash enclosure. Chair Doorley said that he was not interested in stopping this restaurant from operating 24 hours but that he just wanted to ensure that the requirement for landscaping improvements is achieved. Senior Planner Geoff I. Bradley pointed out Condition 7-B, which allows the immediate reduction in operational hours by the Community Development Director in the event of substantiated noise complaints. Suggested that a similar condition could be imposed in the event that the landscaping requirement is not met. Commissioner Hernandez asked what would occur in the event that the landscaping is not accomplished. City Attorney William Seligmann replied that this project could be brought back to the Planning Commission for revocation or modification of the approval. Commissioner Hernandez said that he would like to see some mechanism in place in the event that conditions are not met regarding the landscaping. Commissioner Gibbons suggested a condition that requires the landscaping to be refurbished within a three-month deadline. If not met, the hours of operation would be reduced until the condition is met. Director Sharon Fierro pointed out that the condition requires that an updated landscape plan be prepared within 45 days. Commissioner Gibbons suggested that the condition be strengthened to require the completion of the installation of landscaping 45 days following approval of the landscape plan. Commissioner Roseberry pointed out that Condition #3 takes care of that. Planning Commission Minutes of June 8, 2004 Page 4 Senior Planner Geoff I. Bradley suggested adding text to require both the plans and installation to be accomplished within 45 days. Chair Doorley asked ifthe landscape plan review process is expeditious. Senior Planner Geoff I. Bradley replied yes. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3570 approving a Conditional Use Permit to allow 24-hour restaurant operation within an existing restaurant located at 2060 S. Bascom Avenue with the modification to Condition #5 to require landscaping to be completed within 30 days of approval of the landscape plan, with the provision that the Community Development Director may limit the hours of operation if this deadline is not met, and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: Alderete ABSTAIN: None Chair Doorley advised that this action is final unless appealed in writing to the City Clerk within 10 days. *** Chair Doorley read Agenda Item No.2 into the record. 2. PLN2004-53 Lindem, M. Public Hearing to consider the application of Ms. Meredith Lindem, on behalf of Douglas and Gina Scheidt, for a Zone Change (pLN2004-53) from C-PD (Condominium/Planned Development) to R-1-6 (Single Family Residential, 6,000 square foot minimum lot size) Zoning District on property owned by Douglas and Gina Scheidt located at 236 N. Central Avenue in a C-PD (Condominium/Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: July 6,2004. Project Planner: Tim J. Haley, Associate Planner Mr. Geoff I. Bradley, presented the staff report as follows: . Advised that the applicant is seeking a change from the current C-PD (Condominium/Planned Development) Zoning District to an R-1-6 (Single Family Residential) Zoning District. . Reported that the new property owners want to build a single-family residence on the parcel. . Informed that in 1984, Council approved a Zone Change and Planned Development Permit for this property for the construction of three condominiums. However, that approval was never exercised and the project approvals expired in 1986. Planning Commission Minutes of June 8, 2004 Page 5 . Added that in 1991, a General Plan Land Use change was approved by Council reducing the density from Low to Medium Density Residential to Low Density Residential. . Stated that this current proposal is consistent with the current General Plan. Commissioner Rocha asked ifthe owners plan to construct just one home. Senior Planner Geoff I. Bradley explained that there is currently a small house and a second cottage on the property. The site consists of just over 10,000 square feet. The property owners could replicate the small house along with a secondary living unit. Chair Doorley sought clarification that this would not reflect a lot split. Senior Planner Geoff I. Bradley replied correct. Commissioner Hernandez asked if the reasoning for the rezoning is to make the property more attractive to buyers. Senior Planner Geoff I. Bradley replied that there is a new owner who wants to build a new home on the parcel. Staff had recommended that this owner rezone the property from the current C-PD to R-l as a means to accomplish that goal. Commissioner Gibbons added that this change is just simplifying things to make this parcel consistent with the rest of the neighborhood. Senior Planner Geoff I. Bradley replied correct. It was left alone when the other properties were changed because there was an existing approval for development with condominiums at the time. Chair Doorley opened the Public Hearing for Agenda Item No 2. Chair Doorley closed the Public Hearing for Agenda Item No.2. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3571 recommending Council approval of a Zone Change (PLN200-53) from C- PD (Condominium/Planned Development) to R-I-6 (Single Family Residential) for property located at 236 N. Central Avenue and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: Alderete ABSTAIN: None Chair Doorley advised that this matter would be considered by Council at its meeting of July 6, 2004. *** Planning Commission Minutes of June 8, 2004 Page 6 Chair Doorley read Agenda Item No.3 into the record. 3. PLN2004-23 Carter, Z. PLN2004-62 Steele, S. Public Hearing to consider the application of Mr. Zachary Carter, on behalf of Cingular Wireless, and Ms. Sandra Steele, on behalf of Sprint PCS, for two separate Conditional Use Permits (pLN2004-23 and PLN2004-62) to allow the installation of a new wireless telecommunications facility consisting of a co-location of panel antennas on a new stealth Redwood tree monopole and associated ground-mounted utility cabinets enclosures on property owned by the City of Campbell located at John D. Morgan Park, 540 W. Rincon Avenue, in a P-F/Open Space (public Facilities/Open Space) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: . Advised that Cingular Wireless and Sprint PCS are seeking approval to place a 65-foot tall monopole in the form of a Redwood tree at John D. Morgan Park. The monopole tree will be situated amongst 50 to 59 foot live trees. The Sprint antennas will be located at the 50- foot level and the Cingular antennas will be located at the 60- foot level. . Added that a six-foot tall wood fence will surround the associated equipment cabinets. The enclosures will be landscaped with thorny planting materials to deter unauthorized access to the equipment. . Stated that Council authorized the City Manager to enter into contracts with Cingular (in March 2004) and Sprint PCS (in June 2004) to allow these antennas within John D. Morgan Park. . Recommended approval and advised that representatives from both Cellular and Sprint PCS are available this evening. Commissioner Francois questioned how maintenance would be accomplished if thorny landscaping were installed. Planner Stephanie Willsey advised that a gate would be available for maintenance access. Commissioner Roseberry asked about the camouflage bags, which are to be placed over the antennas to reduce visibility. Planner Stephanie Willsey replied that some sort of sock to reduce visibility of the antennas is part ofthe design but is not a condition of approval. Director Sharon Fierro clarified that they would be necessary to achieve the appearance of the design of the tree antenna. Commissioner Francois asked if this antenna tree would be better than the one at the Gold's Gym site. Planning Commission Minutes of June 8, 2004 Page 7 Director Sharon Fierro replied much. Commissioner Rocha joked that he hopes it is not the intent of the City to replace all its trees. Chair Doorley asked if there is a way to make the tree antenna match surrounding trees, as it appears much brighter green in the photo. Planner Stephanie Willsey replied that photo simulations show one from Palo Alto that looks much better. Senior Planner Geoff I. Bradley suggested slightly modifying Condition 4 to reqUIre maintenance of the camouflaging sock material. Commissioner Gibbons provided the Site and Architectural Review Committee report as follows: . SARC reviewed this proposal on May 25th and was supportive with no comments or additional conditions. . Assured that this proposed tree antenna is a 5th generation model while the one at Gold's Gym is a 1 st generation. Chair Doorley opened the Public Hearing for Agenda Item No 3. Mr. Zachary Carter, Applicant and Representative of Cingular Wireless: . Assured that they plan to install the camouflage socks on the antennas, as it is part of the tree. . Advised that they worked closely with the City of Palo Alto's arborist when installing such antennas in two Palo Alto locations. . Said that they are well aware ofthe maintenance standards for the tree and antenna socks. . Pointed out the pictures of two Palo Alto sites. . Said that both of those installations turned out really nice. Commissioner Hernandez advised that he saw the one in Palo Alto located by the fire station and asked how tall that tree antenna was. Mr. Zachary Carter replied 68 feet. He asked Commissioner Hernandez if he would have even noticed that this was a tree antenna ifhe did not know it was there. Commissioner Hernandez admitted that it took a while to locate it as it was tucked behind the building but the color is still pretty green. However, it looks pretty good. Chair Doorley again asked about opportunities to color match to surrounding trees. Mr. Zachary Carter advised that a tree manufacturing company, one that creates many artificial trees for Las Vegas Casinos and Hotels, manufactures the trees. Added that they have asked if there is a way to change the color a little bit but they are also concerned that the end result does not appear too blue. Planning Commission Minutes of June 8, 2004 Page 8 Chair Doorley said that any effort to match would be appreciated. Chair Doorley closed the Public Hearing for Agenda Item No.3. Motion: Upon motion of Rocha seconded by Commissioner Gibbons, the Planning Commission took the following actions: . Adopted Resolution No. 3572 approving a Conditional Use Permit (PLN2004-23) for Cellular Wireless to allow the installation of a new wireless telecommunications facility consisting of a co-location of panel antennas on a new stealth Redwood tree monopole and associated ground mounted utility cabinets enclosures on property owned by the City of Campbell located at John D. Morgan Park at 540 W. Rincon Avenue; and . Adopted Resolution No. 3573 approving a Conditional Use Permit (PLN2004-62) for Sprint PCS to allow the installation of a new wireless telecommunications facility consisting of a co-location of panel antennas on a new stealth Redwood tree monopole and associated ground mounted utility cabinets enclosures on property owned by the City of Campbell located at John D. Morgan Park at 540 W. Rincon Avenue; and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: Alderete ABSTAIN: None Chair Doorley advised that this action is final unless appealed in writing to the City Clerk within 10 days. *** Chair Doorley read Agenda Item No.4 into the record. 4. Public Hearing to consider the application of Northwest Signs, on behalf of Kirkorian Enterprises, for a Sign Exception (pLN2004-35) to allow a freestanding monument sign on property owned by Kirkorian Enterprises located at 1630 W. Campbell Avenue, in a C-I-S (Neighborhood Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Project Planner: Stephanie Willsey, Planner I PLN2004-35 Northwest Signs Ms. Stephanie Willsey, Planner I, presented the staff report as follows: . Advised that the applicant is seeking approval for a new monument sign for Kirkwood Plaza Shopping Center, located on the southwest corner ofW. Campbell Avenue and San Tomas Aquino Road. Planning Commission Minutes of June 8, 2004 Page 9 . Added that this new sign will replace an existing monument sign, using existing footings. The new sign area is 62 square feet and will read Kirkwood Plaza at the top with six tenant panels below. . Recommended approval. Chair Doorley opened the Public Hearing for Agenda Item No 4. Chair Doorley closed the Public Hearing for Agenda Item No.4. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3574 approving a Sign Exception (PLN2004-35) to allow a freestanding monument sign on property located at 1630 W. Campbell Avenue and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: None ABSENT: Alderete ABSTAIN: None Chair Doorley advised that this action is final unless appealed in writing to the City Clerk within 10 days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: . Advised that Council adopted the 2004/05 budget and CIP at its meeting of June 1, 2004. . Added that the Commission has two items on its next agenda. Commissioner Hernandez reminded that this is Affordable Housing Week and advised that he attended a seminar earlier today. ADJOURNMENT The Planning Commission meeting adjourned at 8:38 p. . to the next Regular Planning Commission Meeting of J e 22, 2004. t ' SUBMITTED BY: Sharon Fierro, Secretary APPROVED BY: ATTEST: