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PC Min - 10/13/2015CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. OCTOBER 13, 2015 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of October 13, 2015, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair Dodd and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Vice Chair: Cynthia L. Dodd Commissioner: Ron Bonhagen Commissioner: Yvonne Kendall Commissioner: Philip C. Reynolds, Jr. Commissioner: Michael L. Rich Commissioner: Donald C. Young Commissioners Absent: Chair: Pamela Finch Staff Present: Community Development Director: Paul Kermoyan Planning Manager: Brad Misner Associate Planner: Daniel Fama City Attorney: William Seligmann Land Development Engineer: Roger Storz Recording Secretary: Corinne Shinn APPROVAL OF MINUTES Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Rich, the Planning Commission minutes of the meeting of September 8, 2015, were approved as submitted. (6-0- 1; Chair Finch was absent) Campbell Planning Commission Minutes for October 13, 2015 Page 2 COMMUNICATIONS Director Paul Kermoyan introduced the new Planning Manager, Brad Misner, to the Commission. AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None CONSENT There were no consent items. PUBLIC HEARINGS *** Acting Chair Dodd read Agenda Item No. 1 into the record as follows: 1 PLN2015-227 Public Hearing to consider the application of Degan Homes, Inc, for a Variance (PLN2015-227) to allow the installation of anew utility pole and overhead utility lines in association with a previously approved residential subdivision (Jasmine Court) located at 1411 and 1421 Westmont Avenue. A Mitigated Negative Declaration was previously approved for this project. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama Mr. Daniel Fama, Associate Planner, presented the staff report. Acting Chair Dodd asked if there were questions of staff. Commissioner Young asked if that is the only pole on that stretch of street now. Planner Daniel Fama said he was not sure. Acting Chair Dodd opened the Public Hearing for Agenda Item No. 1. Frank Nichols, Westmont Avenue: • Said that he doesn't agree that this new pole should be on his property line and/or side of the street. • Added that it should be located on the north side of the street and not on the south side. • Stated that it should be done underground all the way, if possible. Campbell Planning Commission Minutes for October 13, 2015 Page 3 Commissioner Reynolds asked Mr. Nichols if it is his home with the code issues that prevents undergrounding. He asked if Mr. Nichols was opposed to undergrounding to his house. Mr. Nichols replied absolutely not. Patricia Nichols, Westmont Avenue: • Reported that she and her husband have lived in their Westmont home for 51 years. The property was still in the County when they moved in there. • Reiterated that she and her husband object to a single pole being added to the south side of their street. • Added that if the Commission decides to grant a Variance that they also instruct the developer to investigate further other alternatives. Acting Chair Dodd closed the Public Hearing for Agenda Item No. 1. Commissioner Young: • Pointed out that there are some similarities to the Kennedy request. • Added that he doesn't want to put a new pole in front of someone's house. • Stated that there are only two poles left and he'd love to see all of the poles gone. • Suggested that even if the Variance is granted that it not be applied right away but rather ask the developer to work further with staff and perhaps by approaching the two impacted property owners again. • Said that it might be possible to secure a Variance from PG&E to allow a substandard distance between the gas and electricity lines. Commissioner Reynolds asked staff if Building might be willing to grant a Variance to the distance between the utilities on this particular parcel. Planner Daniel Fama: • Stated that this is more of a matter for PG&E to consider than Building. • Admitted that staff had thought that the Nichols didn't consent to undergrounding to their property. • Agreed that a condition could be added to require the applicant to investigate options a bit further. Commissioner Reynolds asked if the new proposed pole is in the public right-of-way. Planner Daniel Fama replied yes. Commissioner Reynolds asked the distance between the street and centerline. He asked if there is any proposed future widening of Westmont. Roger Storz, Land Development Engineer, Public Works Department: • Reported that this section of Westmont was improved a number of years ago and is at its ultimate configuration. Campbell Planning Commission Minutes for October 13, 2015 Page 4 Commissioner Bonhagen asked staff to verify that the Nichols were offered undergrounding. Planner Daniel Fama replied yes. Commissioner Bonhagen clarified that it is because of outdated Code conditions at 1429 Westmont that that property cannot be undergrounded. Is undergrounding simply not possible? Planner Daniel Fama said that this is a temporary condition and that at some point 1429 Westmont would likely be redeveloped and at that time the site's utilities could be placed underground. Director Paul Kermoyan added that 1430 Westmont has a drop route to the existing pole. Planner Daniel Fama reminded that the existing pole will become a primary only and not a secondary pole in that it will support the line but not provide direct services. Commissioner Rich asked for clarification that 1429 Westmont's above-ground wiring would be considered temporary because of the age of the existing home. Planner Daniel Fama replied yes. It is at least 50 years old. Commissioner Rich asked staff if the Variance is granted and later 1429 Westmont is redeveloped, the pole could be replaced by undergrounding of utilities to the site at that time. Planner Daniel Fama said it is likely. Commissioner Rich asked about the Variance proposed through PG&E instead. Planner Daniel Fama said that a condition of approval could be added to require that option be explored further. Commissioner Reynolds said that he has a strong suspicion that PG&E would not grant that Variance and that the PUC would likely not even allow it. City Attorney William Seligmann said that he sees a potential problem with a condition that this applicant must first seek a different Variance through PG&E prior to implementing the proposed City Variance. There may be problems in doing that. Commissioner Young agreed that PG&E won't want to do this. He said that he'd like to optimize what the Code is trying to accomplish and suggested a continuance and then having this applicant come back to the Planning Commission after having met with PG&E to consider any options. Campbell Planning Commission Minutes for October 13, 2015 Page 5 City Attorney William Seligmann said that it is an option to have the Commission continue this item in order to give the applicant an opportunity to see if PG&E will allow its Variance to standards in this case. Commissioner Rich said he would prefer that. He said he'd like to see if it is not necessary to place a pole in front of the Nichols' property that they don't want there. Motion: Upon motion of Commissioner Kendall, seconded by Commissioner Bonhagen, the Planning Commission continued to a date uncertain consideration of a Variance (PLN2015-227) to allow the installation of a new utility pole and overhead utility lines in association with a previously approved residential subdivision (Jasmine Court) located at 1411 and 1421 Westmont Avenue, to allow the applicant to consult with PG&E about options. (6-0-1; Chair Finch was absent) Acting Chair Dodd advised that this item has been continued to a date uncertain. *** Acting Chair Dodd read Agenda Item No. 2 into the record as follows: 2. PLN2015-261 NOTE: This item will be continued to the meeting of November 10, 2015) Public Hearing to consider the City-initiated Revocation (PLN2015-261) of apreviously-approved Conditional Use Permit that allowed a restaurant use (currently occupied by The Spot) on property located at 201 Orchard City Drive due to long-standing nuisance conditions and non- compliance. Staff is recommendation that this application be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Cindy McCormick, Senior Planner Acting Chair Dodd asked if there was anyone present who wanted to address this item. There were none. Acting Chair Dodd opened the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Young, seconded by Commissioner Reynolds, the Planning Commission CONTINUED TO THE MEETING OF NOVEMBER 10, 2015, consideration of a Revocation (PLN2015-261) of apreviously-approved Conditional Use Permit that allowed a restaurant use (currently occupied by The Spot) on property located at 201 Orchard City Drive due to long-standing nuisance conditions and non-compliance. (6-0-1; Chair Finch was absent) Campbell Planning Commission Minutes for October 13, 2015 Page 6 Acting Chair Dodd advised that this item has been continued to the meeting of November 10, 2015. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan had no additions to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 8:00 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of October 27, 2015. SUBMITTED BY: Corinn hinn, Recording Secretary APPROVED BY: ~i~ , ~... ,\ ~~ `_ _ Cyn ` i Dodd, Acting Chair i !, ~ / .~`.-~ ~, ATTEST: V ~~ ~ (/1~--®- Paul I~`ermoyan, Secretary