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PC Min 02/10/1998CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY FEBRUARY 10, 1998 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of February 10, 1998, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairman Lowe, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Dennis Lowe Brad Jones Tom Francois Elizabeth Gibbons Susan A. Keams Mel Lindstrom Jane Meyer-Kennedy Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Planner II: Planner I: Planner I: City Attorney: Reporting Secretary: Steve Piasecki Sharon Fierro Gloria Sciara Aki Irani Barbara Ryan William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Gibbons, seconded by Commissioner Francois, the Planning Commission minutes January 27, 1998, were approved. (7-0) COMMUNICATIONS. 1. The Winter 1998 Planning Commissioners Journal was distributed. Planning Commission Minutes of February 10, 1998 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairman Lowe read Agenda Item No. 1 into the record. 1. PD 97-03 Aziz, A. Continued Public Hearing to consider the application of Dr. Adham Aziz for approval of a Planned Development Permit (PD 97-03) to allow the construction of four townhomes on property located at 760 Duncanville Court in a PD (Planned Development) Zoning District. This project is Categorically Exempt. Tentative City Council Meeting Date: March 3, 1998. Ms. Gloria Sciara, Planner II, presented the staff report as follows: · The applicant is seeking the approval of a Planned Development Permit to allow the construction of four townhomes on Duncanville Court, located off of Union Avenue, south of Campbell Avenue. · When this project was first considered in November 1997, residents in the area expressed concerns about the proposed parking for this project. The Planning Commission directed the applicant to submit revised plans to provide for required parking as well as offering distinct elevations for each unit to prevent a project appearance. · To achieve these objectives, the front unit setbacks were decreased by four feet and the two rear units were attached. Four guest parking spaces were added so that the project now meets the required parking ratio. The units are the same size. Landscaping was slightly reduced. · Staff is supportive of this revised plan. The applicant will be submitting revised plans to accurately reflect the changes per SARC. Commissioner Gibbons mentioned that the floor plans have been crossed out on the posted plans. Ms. Gloria Sciara answered that the floor plans are accurate. Commissioner Jones presented the Site and Architectural Review Committee report as follows: · SARC was concerned that both spaces in the garage be usable and have no lower than a 6- foot, 8-inch high clearance. With that, SARC is in favor of the project. Commissioner Meyer-Kennedy asked whether the required changes are reflected in the Conditions of Approval. Ms. Gloria Sciara replied that they can be added but do not currently appear in the Conditions. She advised that staff had expected final revised plans prior to this meeting. Planning Commission Minutes of February 10, 1998 Page 3 Chairman Lowe opened the Public Hearing for Agenda Item No. 1. Mr. Jerry LaGuissa, Architect, 220 Wright Brothers Avenue, Livermore: · Stated that he has made the changes required but was not able to revise the plans since he was out of town. · Advised that he has eliminated the U-shaped stairway and replaced it with a straight stairway so that it does not encroach into the garage space. · Said that he understands the changes needed and that he plans to incorporate the required changes. Commissioner Gibbons suggested the addition of a Condition to review the grading and drainage plans. She suggested adjusting the textured paving as they are not the same on both front units so that they are similar. Chairman Lowe closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Meyer- Kennedy, the Planning Commission adopted Resolution No. 3145 recommending approval of a Planned Development Permit (PD 97-03) to allow the construction of four townhomes on property located at 760 Duncanville Court, with the added Condition of Approval requiring the submittal of a Grading and Drainage Plan prior to issuance of building permits, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer- Kennedy NOES: None ABSENT: None ABSTAIN: None This item will be considered by Council at its meeting of March 3, 1998. Chairman Lowe read Agenda Item No. 2 into the record. Planning Commission Minutes of February 10, 1998 Page 4 2. UP 97-16 Hardy, D. Public Hearing to consider the application of Mr. David Hardy, on behalf of Nextel Communications, for approval of a Conditional Use Permit (UP 97-15) to allow the installation of a wireless antenna tree and equipment building on property located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission Decision Final, unless appealed in writing to the City Clerk within 10 days. Ms. Barbara Schoetz Ryan, Planner I, presented the staff report as follows: · The applicant is seeking approval to install a 60-foot wireless antenna tree with 12 antennas on it. · This installation will include a 200 square foot equipment building located 100 feet from San Tomas Expressway, 40 feet north of Gale Drive, atop a 5-foot high landscape mound. · Surrounding uses include offices to the south, townhomes to the east, Gold's Gym to the west and the Best Products site across the expressway. · The applicant proposes to camouflage this antenna as a pine tree at the property owner's request. The antenna tree will be located at the center of a grove of trees but will be taller than the trees. · From a distance, this antenna tree will not be too noticeable but from 100 feet or closer, it will be fairly obvious. · The antenna is proposed at 60 feet in height. The applicant may rent space on the lower portion of the pole to another cellular provider. · Staff recommends lowering the height of the pole and better configuring the tree to blend in with the other live trees in the grove. Additionally, staff recommends that shrubbery be planted to obscure the equipment. · Staff has distributed an additional Condition of Approval that was inadvertently left out of the original Conditions which addresses the appearance of the antenna tree. · Staff proposes a five-year limitation. · This project was reviewed by SARC on January 20, 1998. SARC expressed concerns about the height and size of the antenna, finding it noticeably artificial. SARC prefers a monopole installation. · This project is exempt from CEQA. Chairman Lowe stated that this is the third type of antenna installation considered by the Commission and wondered if there are any City standards to compare them. Ms. Barbara Ryan advised that staff is in the process of drafting a Telecommunications Ordinance. Ms. Sharon Fierro, Senior Planner, advised that she has collected ordinances from other California cities and has begun work on a draft for the City of Campbell. Planning Commission Minutes of February 10, 1998 Page 5 Chairman Lowe asked when this might be completed. Ms. Sharon Fierro advised that the draft is 85 percent complete. Staff is seeking authorization from Council at its March 3ra meeting to proceed with the draft ordinance. Commissioner Gibbons asked how long before the Ordinance could become effective if authorization to proceed is obtained from Council. Ms. Sharon Fierro replied that it could be finalized in four months. Commissioner Francois asked Ms. Fierro if the application under consideration this evening generally complies with the sample ordinances from other cities. Ms. Sharon Fierro: · Advised that in some cases there is a requirement for the applicant to hire an independent consultant to evaluate the technology and determine whether proposed antennas can be lowered. · Added that San Jose welcomes antenna applications but they don't want to see the antennas. · Stated that staff will recommend the use of independent consultants to advise on these applications. Commissioner Jones presented the Site and Architectural Review Committee report as follows: · SARC reviewed this project on January 20th and is not in favor due to the size and mass. · Advised that SARC believes that a monopole looks better. · Expressed concern that this is a visible location and SARC is hesitant to go for this project. Chairman Lowe opened the Public Heating for Agenda Item No. 2. Mr. David Hardy, Applicant: · Said that the radio frequency engineer told him that they would like to reduce the proposed antenna to 57 feet. The antennas would be at 52 feet with five feet of foliage. · Advised that as the trees surrounding this antenna grow, screening will be increased and the antenna will blend in better. Chairman Lowe asked staff if this is not too significant a change at this late date. Mr. Steve Piasecki advised the Commission to listen to the applicant's proposal. The Commission may find the need for a continuance, find that they cannot support the application or find that they can support and approve it this evening. Planning Commission Minutes of February 10, 1998 Page 6 Mr. David Hardy: Stated that he hoped the reduction in height will be beneficial. · Advised that the last minute lowering of the antenna is the result of Nextel taking a harder look at how it uses its frequencies. They have to be more efficient. · Urged approval with the amended condition for a top height of 57 feet to blend in better and make the landlord happy. Commissioner Francois sought clarification on the amended proposed height. Mr. David Hardy answered that the height of the antennas is at 52 feet with five feet of foliage above. Commissioner Francois asked if the applicant was willing to install additional landscaping in the medium. Mr. David Hardy answered that they never object to planting trees. Commissioner Francois stated that the height and visibility is of concern to him. Mr. David Hardy advised that there are trees ranging from 42 to 50 feet in height in this grove. Over time, the antenna tree will better blend as the live trees grow higher. Added that they are willing to provide additional planting. Chairman Lowe asked about the beetle infestation affecting pine trees and who would be responsible for replanting trees that die. Mr. David Hardy advised that the arborist they have consulted with is not sure the trees on this site are suffering from the beetle infestation. Stated that they are proposing to plant redwoods. Ms. Barbara Ryan advised that the tallest existing tree is a Monterey Pine that is 50 feet tall. Staff is recommending that the top of the tree antenna not be so square. Commissioner Meyer-Kennedy advised that the greenery stops higher up the tree antenna than on a real tree. Ms. Barbara Ryan said that staff has already lowered the greenery and hopes to lower it further. Commissioner Meyer-Kennedy said that she hopes it will look like other trees. Ms. Barbara Ryan said that a condition is in place to require the antenna tree to be shaped to blend in. The applicant is proposing a top height of 57 feet. Staff is proposing a top height of 50 feet. Planning Commission Minutes of February 10, 1998 Page 7 Commissioner Gibbons: · Stated that size and proportion of this tree antenna are important factors. Said that the diameter of the trunk is massive and painted brown. Said that the applicant has done a good job with the plans and providing information. Advised that the beetle infestation is making its way down San Tomas Expressway. Despite the best efforts of the applicant, said that she finds that this installation is inappropriate due to its mass and the visible location. Commissioner Meyer-Kennedy asked if the proposed antenna tree is as massive as the one in Walnut Creek. Chairman Lowe asked about the composition of the tree branch materials and the impacts of high wind on the antenna tree. Wondered if falling branches pose a hazard to people walking below. Mr. David Hardy said he did not know but that the antenna trees are generally installed in areas in which few people walk. Was not sure if the branches are welded on or bolted onto the pole. Chairman Lowe asked what materials are used. Mr. David Hardy advised that the branches are steel with fiberglass coating. Ms. Sharon Fierro advised that Nextel will have to meet building code requirements. When reviewing the Lawrence site, Barbara Ryan found no observable damage. Commissioner Lindstrom asked for a comparison between this proposed installation and the Pleasant Hill installation depicted on Attachment 6. Commissioner Gibbons advised that the Pleasant Hill tree pole is lower than the surrounding trees while this pole will be taller. Mr. David Hardy added that the Pleasant Hill antenna is located on a hill and extra height is not needed. Commissioner Lindstrom: · Asked whether additional foliage can be added to make the shape more conical. · Advised that he went to look at the Lawrence installation and found that he had to look for it to find it. Once you find it, it looks like a plastic Christmas tree. · Said that he spoke with a local resident who lives near the Lawrence tree antenna. This person had never noticed it. Commissioner Meyer-Kennedy added that as Commissioners, they are trained to look for things like this. A regular person doesn't. Suggested branches lower than proposed. Planning Commission Minutes of February 10, 1998 Page 8 Ms. Lucy Chai, Owner, 762 Gale Drive: · Said that she received heating notice for tonight's meeting and appreciated the consideration being taken by the Commission in reviewing this application. · Advised that she is a cell phone user herself but asks that the Commission wait for the completion of the Telecommunications Ordinance so that this antenna complies with its eventual provisions rather than being non-conforming. Chairman Lowe closed the Public Heating for Agenda Item No. 2. Commissioner Keams: · Suggested a more conical shape, blending in the trunk through the use of a bark-like material. · Said that she understands the necessity for cell phones and the antennas to achieve range of service. · Said that she hates to stand in the way of providing such service. Commissioner Lindstrom asked for additional information about adding bark-like covering to the antenna pole. Ms. Sharon Fierro advised that some communities have this bark on its antenna poles. Staff is recommending the use of such bark. The site on Lawrence does not include it. Ms. Barbara Ryan said that the addition of shrubs and trees, the use of bark on the pole will help to blend in the antenna tree. Commissioner Jones: · Said that he is concemed that they are operating blind. · They are not knowledgeable about technology and what works or doesn't work. · Suggested waiting for completion of the Telecommunications Ordinance for direction. · Said that he likes the idea of an independent consultant to come in and review such applications. · Said that he would like to see a moratorium on antenna installations. Is it possible to make such a motion. City Attorney William Seligmann advised that Council would be the body to enact such a moratorium if the findings can be made that health and safety are being adversely affected. The Commission can recommend that Council take such action. Commissioner Jones asked when it would be proper to make this proposal. City Attorney William Seligrnann answered that an advisory recommendation can be made to Council either before or after the vote is taken on this agenda item. Planning Commission Minutes of February 10, 1998 Page 9 Chairman Lowe suggested tabling this item until the Ordinance is complete. City Attorney William Seligmann advised that tabling is not proper. A short continuance may be proper to see if Council is interested in enacting a moratorium. However there is no moratorium in place now. If the Commission feels more information is required on this application, some grounds for continuance are required. Commissioner Gibbons said that she does not know what other options are available. Said that the other installations are in locations not similar to this proposed site. Chairman Lowe proposed a motion for denial of this application. City Attorney William Seligrnann advised that the Chair cannot make the motion unless he yields the gavel. Chairman Lowe said he would not do that. Steve Piasecki, Community Development Director, advised that findings would be required. City Attorney William Seligmann pointed out that draft findings for denial are included in the staff report. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Gibbons, the Planning Commission voted to deny a Conditional Use Permit (UP 97-16) to allow the installation of a wireless antenna tree and equipment building on property located at 700 W. Hamilton Avenue by the following roll call vote: AYES: Gibbons, Jones, Lowe, NOES: Francois, Kearns, Lindstrom, Meyer-Kennedy ABSENT: None ABSTAIN: None The motion failed for lack of a majority. Chairman Lowe advised the Commission that the last Nextel antenna application approved by the Commission was appealed to Council. Commissioner Jones asked if he can make the motion that Council enact a moratorium. City Attorney William Seligmann advised that this motion would not resolved the issue of this application. Commissioner Lindstrom pointed out that the applicant clearly wants to address the Commission once again. Planning Commission Minutes of February 10, 1998 Page 10 Chairman Lowe stated that he was not willing to reopen the hearing at this juncture. Commissioner Lindstrom asked if Chairman Lowe would reconsider since he is asking as a member of the Commission. Chairman Lowe agreed to that request and reopened the Public Hearing for Agenda Item No. 2. Mr. David Hardy, Applicant: · Said that he has been "chomping at the bit" since the mention of a moratorium. · Suggested that under the Brown Act, this possibility should be included on the agenda so that interested people can be present. · Opined that most things contained in an Ordinance can be achieved through the Conditions of Approval. · Warned that with such an Ordinance, instances will arise when applications will not have to come to the Commission if compliance with the Ordinance provisions is achieved. · Said that this is a separate agenda item. Chairman Lowe asked the City Attorney if this perception was correct. City Attorney William Seligmann advised that this is an ancillary issue. If Council decides to enact a moratorium, the matter would be noticed. At this time, this is a procedural matter, a request to Council, and as such is not in violation of the Brown Act. Commissioner Lindstrom suggested that efforts be taken to blend the tree antenna into the grove of trees to better fit. The tree antenna should be more like the shape of a tree with branches extending down the pole/trunk. Asked if Mr. Hardy is aware of the Conditions. Mr. David Hardy said that he is aware of the Conditions. Commissioner Gibbons sought clarification that the top height being requested is 57 feet. Mr. David Hardy reiterated that the antennas would be positioned at 52 feet with 5 feet of foliage above the antennas. Commissioner Gibbons said that 5-feet of foliage is insufficient. Chairman Lowe re-closed the Public Hearing for Agenda Item No. 2. Planning Commission Minutes of February 10, 1998 Page 11 Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lindstrom, the Planning Commission adopted Resolution No. 3146 approving a Conditional Use Permit (UP 97-16) to allow the installation of a wireless antenna tree and equipment building, with the maximum height of 57 feet (antennas at 52 feet with 5-feet of foliage) and the use of bark on the base of the pole, on property located at 700 W. Hamilton Avenue by the following roll call vote: AYES: Francois, Kearns, Lindstrom, Meyer-Kennedy NOES: Gibbons, Jones, Lowe ABSENT: None ABSTAIN: None Commissioner Jones re-stressed that the Ordinance is only three months away. This is a very visible location in the City. Chairman Lowe expressed agreement. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Gibbons, the Planning Commission voted to recommend, by minute action, that the City Council place a moratorium on future antenna applications until the City has adopted and enacted a Telecommunications Ordinance. (6-1; Commissioner Lindstrom voted against.) Chairman Lowe read Agenda Item No. 3 into the record. o PM 97-10/ R 97-06 Pacific States Capital Corporation Public Hearing to consider the application of Pacific States Capital Corporation for approval of a Tentative Parcel Map (PM 97-10) to merge three parcels and the Reinstatement (R 97-06) of a Site and Architectural Approval (S 96-16) and Conditional Use Permit (UP 96- 18) to allow the construction of a 95,000 square foot mini-storage facility and incidental manager's living unit on property located at 50, 98 and 110 Cnrtner Avenue in an M-1-S (Light Industrial) Zoning District. This project is Categorically Exempt. Planning Commission Decision Final, unless appealed in writing to the City Clerk within 10 days. Planning Commission Minutes of February 10, 1998 Page 12 Ms. Aki Irani, Planner I, presented the staff report as follows: · Applicant is seeking the reinstatement of a previous Site Approval and Use Permit for the subject site and the approval of a Tentative Parcel Map. · The original approval was granted on January 28, 1997. However, the application has expired since no building permits were obtained within one year. · Storage USA has acquired this project from Pacific States Capital Corporation. · The project site is 400 feet from the intersection with Camden Avenue. · The industrial warehouse and office building currently on site will be demolished. · A 1,000 square-foot manager's unit is included in this project together with a 94,265 square- foot mini-storage facility. · In October 1997, minor modifications were approved at staff level to allow the addition of six parking spaces and to increase the landscape planter to allow for a Santa Clara Valley Water District easement. This resulted in a minor reduction of the building square footage. · This project is consistent with Zoning and General Plan designations and there have been no changes in policies since the original approval. · The applicants are seeking approval of a Tentative Parcel Map to merge the three lots into one. The Vesting Tentative Map was withdrawn. · Staff is supportive of this application with the added Conditions relating to landscaping and graffiti. Trellis with vines are proposed as there is a graffiti problem in the area. · Another condition of approval is in place requiring that roof-mounted equipment be screened. · Staff recommends the reinstatement of this project and approval of the Parcel Map. Commissioner Jones presented the Site and Architectural Review Committee report as follows: · SARC reviewed this item at its meeting of January 27th and is supportive. Chairman Lowe opened the Public Heating for Agenda Item No. 3. Mr. George Getgen, Applicant, 39 California Avenue, Pleasanton: · Advised that they accept the Conditions but have some concerns regarding the requirement for vines against the building. This causes difficulty when the building needs to be painted. · Said that it is in their best interest to keep graffiti off their buildings and to maintain a secure site. Chairman Lowe closed the Public Heating for Agenda Item No. 3. Planning Commission Minutes of February 10, 1998 Page 13 Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Lindstrom, the Planning Commission adopted Resolution No. 3147 reinstating the approvals of the Site and Architectural Review Permit (S 96- 16) and Use Permit (UP 96-18) to allow the construction of a 94,000 square foot mini-storage facility with an incidental on-site manager's living unit, and Resolution No. 3148 approving a Tentative Parcel Map to merge three parcels into one parcel on property located at 50, 98 & 110 Curtner Avenue, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer- Kennedy NOES: None ABSENT: None ABSTAIN: None Mr. Steve Piasecki, Community Development Director, advised that this decision is final, unless appealed in writing to the City Clerk within 10 days. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following updates. · Said that the Tree Ordinance will go before Council for authorization to proceed and following that authorization will come before the Planning Commission for review. · Advised that Council conducted a Study Session on the budget yesterday and tonight. ADJOURNMENT The Planning Commission meeting adjourned at 9 p.m. to the Planning Commission meeting of February 24, 1998, in the Council Chambers, City Hall, 70 North First Street, Campbell, California.('~r"~ r,, ~ SUBMITTED BY: ~~ L.4. _ Corinne A. Sh2 ~Secretary I.~i s/ILoCw~e,e, Chairman ATTEST: ' Steve Piasecl~i, Secretary