PC Min 03/24/1998CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
MARCH 24, 1998
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of March 24, 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 I:
Planning Assistant:
City Attorney:
Reporting Secretary:
Steve Piasecki
Sharon Fierro
Barbara Ryan
Russ Reich
William Seligmann
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Kearns, seconded by Commissioner
Meyer-Kennedy, the Planning Commission minutes of March 10,
1998, were approved. (6-0-0-1; Chairman Lowe abstained.)
COMMUNICATIONS.
1. Letter from Nextel re Agenda Item No. 3.
2. Modification to Conditions of Approval for Agenda Item No. 2.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
Plarming Commission Minutes of March 24, 1998 Page 2
ORAL REOUESTS
There were no oral requests.
PUBLIC HEARING
Chairman Lowe read Agenda Item No. 1 into the record.
1. R 98-01
Langeman, K.
Public Heating to consider the application of Dr. Karen
Langeman, on behalf of Porte Veterinary Hospital, for approval
of an extension of time (R 98-01) for a previously-approved
Modification (M 97-01) to allow an addition to an existing
veterinary hospital on property located at 3265 S. Winchester
Boulevard 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.
Mr. Russ Reich, Planning Assistant, presented the staff report as follows:
· The Applicant is seeking an extension of time to a previously approved Use Permit which
would allow a 695 square foot building addition to an existing veterinary facility.
· Additional time is requested since the bids for construction were higher than anticipated by
the applicant.
· Site is located on west side of Winchester Boulevard, south of Chapman Drive and north of
W. Pan' Avenue.
· Adjacent uses include Controlled Manufacturing (to the east), Single Family Residential (to
the west) and General Commercial (to the north and south).
· The project is exempt from CEQA review.
· The project is consistent with the General Plan and C-2-S (General Commercial) Zoning
designations.
· The existing use was converted from a single-family home to a veterinary hospital.
· The proposed expansion is concentrated at the front of the existing building and along the
southern property line.
· The southern side of the addition terminates into a concrete block fire wall as required when
building up to the property line.
· Building materials are consistent with the existing materials.
· The building expansion complies with State requirements to separate various services
performed at veterinary hospitals.
· The required parking is nine (9) spaces. Eleven (11) spaces will be provided on site.
· Staff is supportive and recommends approval of this project.
Commissioner Gibbons asked if the surrounding neighbors have been notified of this application
for renewal of the previous approval.
Mr. Russ Reich replied that the surrounding property owners were notified.
Planning Commission Minutes of March 24, 1998 Page 3
Chairman Lowe asked if SARC reviewed the application.
Mr. Russ Reich replied that they did not.
Chairman Lowe opened the Public Heating for Agenda Item No. 1.
There were no parties presented wishing to address this application.
Chairman Lowe closed the Public Hearing for Agenda Item No. 1.
Motion:
Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner
Lindstrom, the Planning Commission adopted Resolution No. 3151
approving an extension of time (R 98-01) for a previously-approved
Modification (M 97-01) to allow an addition to an existing veterinary hospital
on property located at 3265 S. Winchester, by the following roll call vote:
AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
NOES: None
ABSENT: None
ABSTAIN: None
Chairman Lowe read Agenda Item No. 2 into the record.
ZC 97-01/TS 97-02/PD
97-04
Cahoon, G.
Public Heating to consider the application of Mr. Glenn
Cahoon for approval of a Zone Change (ZC 97-01) from R-M-S
to PD; a Tentative Subdivision Map (TS 97-02) and a Planned
Development Permit (PD 97-04) to allow the construction of
five unit townhouse development on property located at 194
Redding Road in an R-M-S (Multiple Family Residential)
Zoning District. A Negative Declaration has been prepared for
this project. Tentative City Council Meeting Date: April 21,
1998
Ms. Barbara Ryan, Planner I, presented the staff report as follows:
· Advised the Commission that a handout was distributed with minor corrections to the
proposed Conditions of Approval.
· Applicant is seeking approval of an application to allow five two-story townhomes which
will share a common drive along the eastern side of the lot. Two buildings will be attached
and one detached.
Planning Commission Minutes of March 24, 1998 Page 4
· Parking requirements are met with the provision of 3.5 spaces per unit.
· Seven existing trees on site will be saved.
· The project consists of three permits. A Zone Change changing the zoning from R-M-S
(Multiple Family Residential) to PD (Planned Development). A Tentative Subdivision Map
to create six (6) lots and a Planned Development Permit to approve the site plan, elevations
and landscape plan for the project.
· The project site is adjacent to one single family residential lot on one side and two single
family residential lots on the other. The remaining parcels have been developed with
townhome/condominium projects, generally by combining two former residential lots
together.
· The proposed driveway on this site has been located to one side of the lot to accommodate
the potential for future development of the adjacent lot into townhomes.
· Advised the Commission that the current owners of the adjacent properties are not interested
in selling and/or developing their property at this time.
· SARC met on March l0th and reviewed this application and had four recommendations:
1. Providing window sills on all sides.
2. The location of the driveway and the provision of a larger landscaping strip along the
property line.
3. Inclusion of porch rails and posts.
4. Having the curved windows reproportioned.
· Advised that the windows subsequently have been changed from curved to rectangular in
shape.
· Staff supports adoption of a Negative Declaration and that the Commission forward this
project to Council with a recommendation of approval.
Commissioner Gibbons presented the Site and Architectural Review Committee report as
follows:
· Stated that SARC is pleased with the quality of this project and cooperation offered by the
applicant in supporting a project configuration that allows for the future sharing of a
driveway in the event that the adjacent parcel is developed.
· SARC is supportive of this project with the revisions as outlined by staff and met by the
applicant.
Chairman Lowe opened the Public Heating for Agenda Item No. 2.
Mr. Glen Cahoon, G&G Design, Applicant:
· Thanked Barbara Ryan for her excellent job.
· Advised that they are in agreement with the Conditions of Approval.
· Said that he was available for any questions.
Commissioner Francois asked if the applicant supported the extended planter area along the
eastern property line.
Mr. Glen Cahoon advised that they had no problem with that requirement.
Planning Commission Minutes of March 24, 1998 Page 5
Ms. Sharon Pine, Property Owner, 206 Redding Road:
· Advised that she has no problem with the proposed plans.
· Said that the project is similar to other projects built in the area which resulted in good
neighbors.
· Said that they like having the driveway near their property.
· Asked for one minor change so that the proposed five foot (5') fence with one foot (1 ') lattice
be extended to a six foot (6") fence with one foot (1 ') lattice for a total fence height of seven
feet (7'). This is the type of fence built on the other side of their property to separate them
from another townhome complex.
Chairman Lowe asked staff if this posed any problem.
Ms. Barbara Ryan advised that under the Planned Development Zoning, this request can be
accommodated.
Chairman Lowe asked if this requirement adversely impacts the developer.
Mr. Glen Cahoon replied that this posed no problem.
Chairman Lowe asked if this would become a Condition of Approval.
Ms. Barbara Ryan replied that it would be included in the Conditions.
Chairman Lowe closed the Public Hearing for Agenda Item No. 2.
Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner
Gibbons, the Planning Commission recommended the adoption of a Negative
Declaration for this project and adopted Resolution No. 3152 recommending
approval of a Zone Change (ZC 97-01) from R-M-S to PD; Resolution No.
3153 recommending approval of a Tentative Subdivision Map (TS 97-02) and
adopted Resolution No. 3154 recommending approval of a Planned
Development Permit (PD 97-04) to allow the construction of five unit
townhouse development (with the adjustment to Condition 4-D to increase
the fence height to seven feet) on property located at 194 Redding Road,
incorporating staff's corrections to the Conditions of Approval, by the
following roll call vote:
AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
NOES: None
ABSENT: None
ABSTAIN: None
Chairman Lowe read Agenda Item No. 3 into the record.
Planning Commission Minutes of March 24, 1998 Page 6
3. TA 98-02
City Initiated
Public Heating to consider the City-initiated application for
approval of a Text Amendment (TA 98-02) to amend the
Campbell Municipal Code to add a Telecommunications
Facilities Chapter and related amendments. A Negative
Declaration has been prepared for this project. Tentative City
Council Meeting Date: April 21, 1998.
Ms. Sharon Fierro, Senior Planner, presented the staff report as follows:
· Advised that the drafting of a Telecommunications Ordinance was the result of the Planning
Commission's request that Council adopt a moratorium on telecommunication applications
until an Ordinance could be adopted by the City.
· Council felt that a moratorium was an extreme measure and instead instructed staff to prepare
the draft Telecommunications Facility Ordinance and to have the Commission adopt interim
guidelines to take effect until the Ordinance is adopted.
· Council advised telecommunications providers, present at their meeting, to work with staff in
the preparation of the Ordinance and instructed them not to inundate the City with
applications until the Ordinance is complete and implemented.
· Advised that industry representatives are present at this evening's meeting and are generally
pleased with the Ordinance.
· Provided a slide presentation which depicted various antenna installations some of which
were very obvious and others well hidden.
· Advised that the Ordinance includes:
1. Application requirements.
2. Preferred and discouraged locations.
3. Design preferences to minimize visual impacts.
4. An administrative process for antennas with minimum impacts.
5. Performance standards including:
· Noise
· FCC compliance
· Prompt removal if abandoned
· Maintenance of screening (i.e. landscaping)
· A pre-application process will determine if a proposed antenna application is highly visible.
If so, lots of information will be provided to the Planning Commission.
· Preferred locations are in industrial areas, discourage locations are within residential areas.
· Side and stealth installations are preferred while roof-mounted would be discouraged and
require more review.
· Applications with minimal impacts could undergo an administrative process. The
Community Development Director can approve these with Conditions.
· Applications could also be forwarded to the Commission if the Community Development
Director feels that review by the Commission is warranted.
· Performance standards would be reviewed.
Planning Commission Minutes of March 24, 1998 Page 7
· Concerns about noise generated by backup generators, air conditioners, backup batteries and
diesel generators are a consideration.
· An FCC compliance letter will need to be provided to the City.
· Abandoned antennas would have to be removed.
· Maintenance of screening, including landscaping and parapet walls, etc, would be required.
Chairman Lowe asked if the requirement for five year renewal will continued as has been the
tradition in past approvals.
Ms. Sharon Fierro:
· Advised that the five year approval period will still be incorporated. Renewals will be
required and assurances that if technology has changed, it will be updated.
· Informed the Commission that current antennas that were approved without time limit terms
will expire five years after the adoption of this Telecommunications Ordinance.
Commissioner Jones asked who is responsible to pay for removal of abandoned antennas.
Ms. Sharon Fierro replied that a Performance Bond would be required.
Commissioner Meyer-Kennedy asked for clarification about the five year time frame.
Ms. Sharon Fierro advised that the expiration date for antennas would be five years for any
already-installed antennas that do not have a current expiration date. Any antenna previously
approved with a expiration date will continue to expire on the assigned date even if less than five
years from approval of the Ordinance. It would be whichever expiration date arrived first, that
imposed by the Commission or that adopted through the Ordinance.
Commissioner Gibbons restated that the Ordinance would now cover those antennas without
expiration dates.
Commissioner Jones suggested approving all antennas operated by a particular provider as a
group rather than one by one.
Ms. Sharon Fierro advised that there are only 12 antenna approvals prior to the Ordinance. Once
antennas are approved under the Ordinance, subsequent approvals will be short and may simply
include a report/update to the Commission. Issues should be small.
Commissioner Jones asked if five year reviews are still going to occur.
Ms. Sharon Fierro replied that each antenna would be reviewed every five years. A
determination will be made whether technology has been developed that would allow existing
antennas to be lowered.
Commissioner Meyer-Kennedy asked if technology would make antennas less obtrusive.
Planning Commission Minutes of March 24, 1998 Page 8
Ms. Sharon Fierro:
· Replied that that would occur. Antennas are already lower than before.
· Antennas have been shortened as technologies have improved.
· Carriers/providers are more sensitive.
· The FCC Act does not want to prohibit antennas. Providers are required
documentation that prove the need for the proposed height.
to provide
· Advised that she had obtained codes from throughout California. Many aspects of this draft
Ordinance are "tried and true" provisions that other cities have already implemented. She has
used the best of all ordinances out there and blended them to create this draft.
· Said that 12 other communities require technological review.
Chairman Lowe called for a break at 8:22 p.m. to confer with the City Attorney.
Chairman Lowe reconvened the meeting at 8:30 p.m. and announced that he would abstain from
voting on this matter and turned the gavel over to Vice-Chair Jones.
Acting Chair Jones asked if the Commissioners had any questions for staff.
Commissioner Gibbons advised that she has questions and comments but would wait until she
has heard from the public.
Acting Chair Jones opened the Public Hearing for Agenda Item No. 3.
Ms. Karen Vernetti,, Nextel Communications, 2966 Bayview Drive, Alameda:
· Advised the Commission that Sharon Fierro has been a delight to work whom to work.
Sharon has already mitigated some concerns but still some others exist.
· Said that while they do not mind paying the cost of an independent consultant to review their
technology, they want some say on who conducts the review as the time element is
important. They want to share in that decision.
· Said that she now understands that verbiage has been added to the Ordinance to leave an
opening for the City. She accepts that and finds it reasonable.
· Expressed concerns about maintenance access restrictions. They require 24 hour access and
conduct two maintenance visits each month per site. The restriction of maintenance hours to
between the hours of 7 a.m. and 5 p.m., Monday through Saturday is a problem.
· Stated that it is unusual to have another process to obtain maintenance access. Read off
language from Pleasanton Ordinance which meets all needs regarding maintenance access
which Sharon Fierro also agrees with.
· Asked when relocation would be required (per Condition 7 on page 6). Does it occur during
the application period or after the site is built.
· Asked at what point conditions are imposed.
· Stated that the pre-application process is a good idea.
Planning Commission Minutes of March 24, 1998 Page 9
Ms. Sharon Fierro advised that clarifying language can be added as to when a pre-application
process is warranted and when the Planning Commission needs to review an application.
Commissioner Gibbons advised that "once you are approved, you are approved."
Ms. Karen Vernetti asked about page 14 (#4) and the Performance Maintenance Agreement.
Wondered if a letter of credit would be an acceptable financial guarantee.
City Attorney William Seligrnann advised that such a letter of credit would be acceptable if from
a known financial institution.
Ms. Karen Vernetti asked about the time frame for revocation of approvals and whether the
provider is offered time to comply with any infractions prior to revocation.
City Attorney William Seligmann advised that both Site and Architectural Approvals and Use
Permit Approvals already have provisions requiring advance notice.
Ms. Karen Vemetti asked that this requirement be more obvious within this Ordinance.
Ms. Sharon Fierro advised that she will revise the Ordinance to cover this concern.
Ms. Karen Vernetti:
· Asked that the Commission be aware of the differences in the technology between PCS
systems and Nextel's technology.
· Advised that their Cellular Equipment Shelters are 10 feet by 10 feet by 20 feet. The
language in the draft Ordinance limits "maximum height to five feet above grade."
· Said that height limitations should be clear.
· Expressed her appreciation for the opportunity to work with the Commission and with
Sharon Fierro on this draft Ordinance.
· Stated that "no one has done what Sharon has done in the time that she has done it!"
Acting Chair Jones closed the Public Hearing for Agenda Item No. 3.
Commissioner Gibbons:· Stated that it will be helpful to have a two-tier process.
· If the applicant follows the guidelines, it will be an over-the-counter process.
· If the application is outside of the guidelines, the applicant must prove its case to the
Planning Commission.
· This is a positive step.
· Expressed difficulties in understanding the table depicted on page 6.
Ms. Sharon Fierro clarified that the Ordinance calls the approval process a permit. No Use
Permit is required just a Site and Architectural Approval. The Community Development
Director can approve unless he finds an application controversial.
Planning Commission Minutes of March 24, 1998 Page 10
Commissioner Gibbons further clarified that a Site Approval can be issued by staff. If the
Community Development Director finds the application to be controversial, he can refer it to the
Planning Commission or SARC.
Ms. Sharon Fierro clarified that those applications found controversial by the Community
Development Director would be referred to the Planning Commission and not to SARC.
Commissioner Gibbons:· Suggested the addition of a footnote clarifying the approval process.
· Said that she finds the use of the word "visible" to be confusing and suggested eliminating
the word throughout the Ordinance.
· Said that she agrees with Ms. Vemetti that it is reasonable for a provider to have a time
frame for the independent review of their technology to be completed, perhaps 30 days.
Commissioner Lindstrom agreed that the applicant should have input as to whom is selected as
the expert.
Mr. Steve Piasecki advised that staff would be developing a list of qualified consultants from
which to select an expert. Staff will work with the provider on how to best implement this
requirement.
Commissioner Lindstrom and Gibbons both agreed that if, upon review after five years, an
antenna is considered acceptable as it is, an administrative extension would be approved at staff
level.
Commissioner Gibbons stated that Sharon has done good work. There is "excellent stuff here.'
She asked about abatement time frames for graffiti.
Mr. Steve Piasecki advised that a time frame is not provided by any other City Ordinance. There
is no current time frame outlined in this draft Ordinance but perhaps 14 days would be
reasonable.
Commissioner Jones suggested that the tighter the time frame the better.
Commissioner Gibbons stated that applicants should identify their noise level at the time of filing
an application.
Ms. Sharon Fierro advised that this is called out for on Page 8 of the draft Ordinance.
Commissioner Gibbons asked about what bonds would be necessary for the required
recertification every two years.
Ms. Sharon Fierro replied that this is regulated by the FCC. The City can notify the FCC if it
feels the provider is out of compliance.
Planning Commission Minutes of March 24, 1998 Page 11
Commissioner Lindstrom suggested allowing 24 hour access for maintenance.
Ms. Sharon Fierro advised that staff is concerned when the equipment is located within
residential areas. The Pleasanton Ordinance allows a situation to become a nuisance before
reacting. Campbell's Ordinance will be pro-active. No restrictions are included when the
antennas are located outside of residential areas.
Commissioner Gibbons stated that the applicant seemed concerned about access hours for
maintenance.
Ms. Sharon Fierro advised that desired access hours are provided by the applicant up front. It
can be considered on a case-by-case basis.
Commissioner Meyer-Kennedy stated that Sharon Fierro has done a tremendous job and
complimented her for her "great work."
Commissioner Gibbons added that the back up materials are excellent.
Mr. Steve Piasecki suggested a continuance to the meeting of April 14~h to allow staff to amend
the draft Ordinance to reflect the comments made this evening.
City Attorney William Seligmann advised that the Public Hearing should be re-opened.
Acting Chair Jones re-opened the Public Hearing for Agenda Item No. 3.
Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner
Gibbons, the Planning Commission voted to continue consideration of TA 98-
02 to the meeting of April 14, 1998, by the following roll call vote:
AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy
NOES: None
ABSENT: None
ABSTAIN: Lowe
Acting Chair Jones read Agenda Item No. 4 into the record.
4. City Initiated Public Hearing to consider the City-initiated application to
adopt Interim Telecommunications Facilities Guidelines. This
project is Categorically Exempt.
Ms. Sharon Fierro, Senior Planner, presented the staff report as follows:
Planning Commission Minutes of March 24, 1998 Page 12
· When Council decided not to impose a moratorium, it instead instructed staff to develop
interim guidelines for use until the Telecommunications Facilities Ordinance is completed
and adopted.
· The draft Ordinance is incorporated into the interim guidelines by reference.
· The guidelines will be effective until the Ordinance is adopted, some time at the end of June
or early in July.
· An applicant currently preparing a pending application is using the draft Ordinance to prepare
their submittal. This application will most likely not be before the Commission for another
eight weeks.
Acting Chair Jones opened the Public Heating for Agenda Item No. 4.
There were no parties present wishing to address Agenda Item No. 4.
Acting Chair Jones closed the Public Heating for Agenda Item No. 4.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Lindstrom, the Planning Commission approved Resolution No. 3155,
adopting interim guidelines for Telecommunications Facilities applications,
to be effective immediately and in effect until the adoption of the City's
Telecommunications Facilities Ordinance, by the following roll call vote:
AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy
NOES: None
ABSENT: None
ABSTAIN: Lowe
Chairman Lowe resumed the gavel.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Mr. Steve Piasecki, Community Development Director, was accepted as
presented with the following updates:
· Advised that the draft Tree Ordinance would be coming to the Commission at its next
meeting.
· Announced that the Farmers' Market will be coming back to Campbell. The market will be
held downtown on Sunday mornings.
ADJOURNMENT
The Planning Commission meeting adjourned at 9:15 p.m. to the Planning Commission meeting
of April 14, 1998, in the Council Chambers, City Hall, 70 North First Street, Campbell,
California.
Planning Commission Minutes of March 24, 1998,~ ~~/~ Page 13
SUBMITTED BY:
Co~ A. Shinn, Recor~ding ~3eci4{ary
APPROVED BY:
ATTEST: c_~,.--'/~
St~w Pias~cki, Secmta~