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PC Min - 04/25/2017CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. APRIL 25, 2017 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of April 25, 2017, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Kendall and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Commissioners Absent Staff Present: Chair: Commissioner: Commissioner: Commissioner: Vice Chair: Commissioner: Commissioner: Community Development Director: Senior Planner: Associate Planner: Assistant Planner: City Attorney: Recording Secretary: APPROVAL OF MINUTES Yvonne Kendall JoElle Hernandez Andrew Rivlin Donald C. Young Michael L. Rich Cynthia L. Dodd Philip C. Reynolds, Jr. Paul Kermoyan Cindy McCormick Stephen Rose Victoria Hernandez William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Hernandez, seconded by Commissioner Rivlin, the Planning Commission minutes of the meeting of April 11, 2017, were approved with one name correction on page 16. (4-0-3; Commissioners Dodd, Reynolds and Rich were absent) Campbell Planning Commission Minutes for April 25, 2017 Page 2 COMMUNICATIONS Director Paul Kermoyan advised that a seven point letter from an attorney representing Verizon was distributed to the Commission via email. AGENDA MODIFICATIONS OR POSTPONEMENTS None ORAL REQUESTS None *** PUBLIC HEARINGS Chair Kendall read Agenda Item No. 1 into the record as follows: 1. PLN2017-12 Public Hearing to consider the application of Bill Rosingana for a Site and Architectural Review Permit (PLN2017-12) to allow the construction of a new single-family residence on property located at 1536 Capri Drive. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Victoria Hernandez, Assistant Planner Ms. Victoria Hernandez, Assistant Planner, presented the staff report. Chair Kendall asked if there were questions of staff. There were none. Commissioner Young provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project at its meeting on April 11, 2017, and was generally supportive. • Added that SARC had one comment regarding the permeable pavers and that was resolved. • Stated that SARC appreciated the fact that the stone veneer was used all the way across the front of the residence. Chair Kendall opened the Public Hearing for Agenda Item No. 1. Audrey Kiehtreiber, President, San Tomas Area Community Coalition (STACC): • Reminded that STACC reviews most applications that fall within the STANP. • Reported that working with Bill Rosingana was a pleasure. STACC reviewed the plans with him. Campbell Planning Commission Minutes for April 25, 2017 Page 3 • Pointed out that this is an older home that is in need of sprucing up. These proposed improvements will be delightful for this area. • Stated that STACC has asked him to consider use of pervious paving and he agreed. • Advised that there are no privacy concerns. • Concluded that the neighborhood is looking forward to the day this family moves into their new home. Chair Kendall closed the Public Hearing for Agenda Item No. 1. Commissioner Young said that this was an easy one to review. The findings are aligned and there are no issues preventing approval. Commissioner Hernandez agreed. She said she was happy the home was kept at a single-story. It goes well with the neighborhood. She added that she is a bit jealous about the nice size of this large lot. Chair Kendall said she had no concerns. Motion: Upon motion of Commissioner Young, seconded by Commissioner Rivlin, the Planning Commission adopted Resolution No. 4377 approving a Site and Architectural Review Permit (PLN2017-12) to allow the construction of a new single- family residence on property located at 1536 Capri Drive, subject to the conditions of approval, by the following roll call vote: AYES: Hernandez, Kendall, Rivlin and Young NOES: None ABSENT: Dodd, Rich and Reynolds ABSTAIN: None Chair Kendall advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Kendall read Agenda Item No. 2 into the record as follows: 2. PLN2017-57 Public Hearing to consider the application of Barracuda Networks for a Modification (PLN2017-57) to a previously- approved Planned Development Permit to allow site modifications to a commercial site currently occupied by Barracuda Networks on property located at 3175 S. Winchester Boulevard. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: May 16, 2017. Project Planner: Cindy McCormick, Senior Planner Ms. Cindy McCormick, Senior Planner, presented the staff report. Campbell Planning Commission Minutes for April 25, 2017 Page 4 Chair Kendall asked if there were questions of staff. There were none. Chair Kendall opened the Public Hearing for Agenda Item No. 2. Audrey Kiehtreiber, President, San Tomas Area Community Coalition (STACC): • Reminded that this site has been a long contentious development. • Added that despite all the past history she wanted to bring up things that have been done on the site that STACC appreciates including the installation of a short redwood fence along Chapman Drive that provides a nice visual barrier between the residential neighborhood and the commercial parking for this business. The neighborhood appreciates that. • Stated that STACC is satisfied that the Barracuda site now meets the conditions of approval. • Pointed out that a metal gate that was removed still remains stored on the property. STACC hopes that it is removed or put in storage and it causes concern about potential for being reinstalled. • Said that she wanted to discuss potential for planting within the small triangle of land that is not part of the Barracuda parcels. She said she is hoping that Barracuda comes to an agreement with the owner of that triangle of land. She is willing to be contacted to discuss the possibility of Barracuda buying that parcel. • Stated that she is pleased to see this project come to a satisfactory conclusion. Chair Kendall closed the Public Hearing for Agenda Item No. 2. Commissioner Hernandez: • Said that she has not questions. This project seems straightforward. • Stated that she is glad that Barracuda has worked out the issues with their neighbors. Motion: Upon motion of Commissioner Young, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 4378 recommending the approval of a Modification (PLN2017-57) to a previously-approved Planned Development Permit to allow site modifications to a commercial site currently occupied by Barracuda Networks on property located at 3175 S. Winchester Boulevard, subject to the conditions of approval, by the following roll call vote: AYES: Hernandez, Kendall, Rivlin and Young NOES: None ABSENT: Dodd, Reynold and Rich ABSTAIN: None Chair Kendall advised that this item tentatively would be considered by the City Council for final action at its meeting on May 16, 2017. *** Campbell Planning Commission Minutes for April 25, 2017 Page 5 Chair Kendall read Agenda Item No. 3 into the record as follows: 3. PLN2017-124 Public hearing to consider a City-initiated Zoning Code Amendment (PLN2017-124) repealing and replacing Chapter 21.34 (Wireless Telecommunications Facilities) of the Zoning Code to comply with new regulations for the development of wireless telecommunications facilities and to adopt new Wireless Facility Design Requirements. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: June 6, 2017. Project Planner: Stephen Rose, Associate Planner Mr. Stephen Rose, Associate Planner, presented the staff report. Chair Kendall asked if there were questions of staff. Commissioner Young: • Said that the Administrative Conditional Use Permit seems to be a more reasonable way to address this than having these come through the Planning Commission. It makes sense. • Asked staff if that is a fair statement. Planner Stephen Rose replied yes. Director Paul Kermoyan: • Explained that this update process started many years ago. • Added that State law keeps changing. • Said that it starts with a broad umbrella. • Reported that a "not seen" facility would be allowed through an administrative process. • Stated that as a result of these proposed amendments, in most cases wireless would be permitted by right or through an administrative process and decision. Chair Kendall opened the Public Hearing for Agenda Item No. 3. Tim Page, Representing Crown Castle: • Reported that he has been working with Stephen Rose for a year or longer. • Stated that it is nice to see Steve's effort to streamline things as he has. • Offered a few quick observations. • Referenced page 89 (Section 21.34.050) of the draft that deals with method of submittal. It indicates that a first submittal "must" be made in person. Any other follow up submittals must also be done in person or it will not be accepted. • Opined that there is no reason why transmittal by email should not be acceptable as well as in-person delivery. Campbell Planning Commission Minutes for April 25, 2017 Page 6 • Referenced page 89 (Section 21.34.060) that lists required application submittal materials: o List of materials - He said that is allowed by right so they will not have to submit all those items. o Stated that most items listed are not required per the Federal law. They are for new installations but not for modifications to existing. There is a difference between an Eligible Facilities request versus a full brand new site. o Advised that the Federal law is so concise regarding Eligible Facilities Request (EFR's) criteria includes: no change in maximum height; four or fewer cabinets; cannot excavate; can't change the concealments; and must be compliant with the previous existing conditions of approval. • Suggested that the City consider his points as its current draft Ordinance is inconsistent with Federal law. • Reiterated that for EFR's the local jurisdictions are restricted. What can be imposed by State and/lo local government are limited to issues of building, structural, electrical and/or safety codes. • Reported that he and Planner Stephen Rose have talked so much about this. • Said he is available should there be any questions. Chair Kendall closed the Public Hearing for Agenda Item No. 3. Planner Stephen Rose: • Said that the last provision of the draft ordinance does apply exclusions that are applicable to EFR's. Director Paul Kermoyan: • Explained, in response to Mr. Page's first point, was that the requirement for in- person submittals of follow up materials is due to the fact that accepting material equates to restarting the "time clock" on an application. • Added that become problematic if it is determined that there remains missing information. • Clarified that for any submittal if there is missing information, we don't accept until a submittal package is complete. Chair Kendall pointed out that sometimes there are delays even in email submittals. The send and received date could be different. Commissioner Rivlin suggested that perhaps a courier delivery might suffice. Commissioner Hernandez said that using a courier instead of a project representative is when staff wants to ask a question. Planner Stephen Rose added that not all email sent actual arrives. Additionally, a courier may not want to wait long enough for staff to review and make sure the application package being submitted is complete, or take materials back once opened. Chair Kendall asked if there is anything specific the Planning Commission wants to discuss at this time. She said that she wanted to discuss a comment from the desk Campbell Planning Commission Minutes for April 25, 2017 Page 7 item (Stealth or Co-Location are not required to provide additional alternative analysis). Commissioner Hernandez said that applies if the installation cannot be seen. Chair Kendall gave a tree cell site as an example. She asked, "What if we don't want that tree there for some reason?" Planner Stephen Rose explained that #5 is a requirement that is in effect when a submittal is being made. That is as the ordinance is structured right now. This is regarding the addition of a physical feature to an existing site. This applies only to stealth and/or collocation. Commissioner Rivlin said he'd like to discuss #7 (Temporary Cell on Wheels for large events). He suggested some discussion of adding a City Manager provision to allow such Temporary Cell on Wheel) to allow them to be utilized for a short period (perhaps five to 10 days) in an emergency such as an earthquake. Commissioner Young: • Explained that the reason why sites are being made larger is so that if a cell site should go out of service the other nearby sites have sufficient capacity that they can provide the necessary service during that one site's outage. • Pointed out that things tend to get fixed faster if a Temporary Cell on Wheels is "not" allowed to be brought in. That's just his opinion. Commissioner Rivlin suggested that staff discuss this issue further. Commissioner Young: • Stated his support for having a complete submittal package being delivered at one time. • Agreed that requirement to provide a Title Report is the standard. • Said that he feels we need the applicant to provide the maximum build out information. • Suggested leaving the issue of mounting brackets up to the owner of the utility that owns the tower on which a co-location will be placed (often PG&E). Commissioner Rivlin asked what size is a "small" cell. Planner Stephen Rose replied that typically applies to a facility that is within the public right-of-way such as on light poles. This ordinance is only for cell placements on private property. City Attorney William Seligmann said that although an antenna can be small, equipment necessary to support it could be much larger. Planner Stephen Rose said that a small cell facility could be made wider and taller through an Eligible Facilities Request. Campbell Planning Commission Minutes for April 25, 2017 F'~ f~~s 8 Commissioner Hernandez said she liked the idea of a new Administrative Conditional Use Permit process. Such a process makes a lot of sense. She questioned the maximum size of dishes at three feet in width. Commissioner Young suggested perhaps consider increasing the maximum width allowed from two to three feet on this draft ordinance. Chair Kendall said alternatively the maximum size could be reduced wherever else it currently appears in the Code at a three feet maximum width to a maximum two-foot width. Planner Stephen Rose reported that we would have to increase the Ordinance to three feet or correct all other references in all zoning districts to two feet. Director Paul Kermoyan: • Said that the proposed new Administrative Conditional Use Permit process is proposed since this is a use and involves architectural improvements as well. • Agreed that the Federal legislation does limit our ability to control the use. Chair Yvonne Kendall: Said that she really likes the photos staff provided to make things more clear to the Commission in discussing these issues. They made things easier to understand. Noted that three feet was okay for dishes. Questioned whether "collocation" is being spelled correctly. City Attorney William Seligmann replied that "collocation" was being spelled correctly. Commissioner Young: • Said that the updated definitions are clear. • Said that he likes the timeline as well. • Stated that the incomplete letter is good. • Opined that this is a much clearer approach to what's going on. • Concluded that he agreed with the staff recommendation for a continuance. Director Paul Kermoyan: • Said that further study is still necessary including on the notion that if one cannot see a facility what alternative analysis can be required from the applicant. • Said that there are some legal questions to clarify. City Attorney William Seligmann said that a handful of points from the Verizon attorney have merit but don't represent major changes to the ordinance. Motion: Upon motion of Commissioner Young, seconded by Commissioner Rivlin, the Planning Commission CONTINUED TO A DATE UNCERTAIN the consideration of aCity-initiated Zoning Code Amendment (PLN2017-124) repealing and replacing Chapter 21.34 (Wireless Telecommunications Facilities) of the Campbell Planning Commission Minutes for April 25, 2017 Page 9 Zoning Code to comply with new regulations for the development of wireless telecommunications facilities and to adopt new Wireless Facility Design Requirements, by the following roll call vote: AYES: Hernandez, Kendall, Rivlin and Young NOES: None ABSENT: Dodd, Reynolds and Rich ABSTAIN: None Chair Kendall advised that this item would be considered by the City Council for final action at its meeting on June 6, 2017. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Paul Kermoyan had no additions to his written report. ADJOURNMENT The Planning Commission meeting adjourned at 8:52 p.m. to the next Regular Planning Commission Meeting of May 9, 2017. SUBMITTED BY: Corinne n, Recording Secretary APPROVED BY: /~i~`~ ~ /~~~ vonne Kendall, Chair / ATTEST: c~ Paul Kermoy n, Secretary