PC Min 01/14/1997CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M.
JANUARY 14, 1997
CITY HALL COUNCIL CHAMBERS
TUESDAY
The Planning Commission meeting of January 14, 1997, was called to order at 7:40 p.m., in
the Council Chambers, 70 North First Street, Campbell, California by Chairwoman Keams,
and the following proceedings were had, to wit:
ROLL CALL
Commissioners Present:
Chair:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Susan A. Keams
Dennis Lowe
I. Alne
Elizabeth Gibbons
Brad Jones
Mel Lindstrom
Jane Meyer-Kennedy
Commissioners Absent:
None
Staff Present:
Community
Development Director:
Senior Planner:
Associate Planner:
Planner I:
Planner I:
Planner I:
City Attorney:
Public Works Director:
Reporting Secretary:
Steve Piasecki
Darryl M. Jones
Tim J. Haley
Gloria Sciara
Barbara Ryan
Aki Irani
William Seligmann
Robert Kass
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Lindstrom, seconded by Commissioner
Lowe, the Planning Commission minutes of December 10, 1996, were
approved (7-0).
Plannin~ Commission Minutes of January 14, 1997 Pa~e 2
COMMUNICATIONS:
There were three communication items as follows:
1. Letter from Santa Clara Valley Manufacturing Group.
2. Revised Conditions of Approval for Agenda Item No. 3.
3. Letter in opposition of Agenda Item No. 5.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no modifications or postponements.
ORAL REQUESTS
There were no oral requests.
PUBLIC HEARING
Chairwoman Keams read Agenda Item No. 1 into the record.
1. UP 96-15
Mejia, P.
Continued Public Heating to consider the application of Ms.
Patty Mejia, on behalf of Sprint Spectrum, for approval of a
Conditional Use Permit (LIP 96-15) to allow a cellular antenna
on an existing PG&E transmission tower and a ground-
mounted equipment structure on property located at 1849
Pollard Road in a PD (Planned Development Zoning District.
This Project is Categorically Exempt. Planning Commission
decision final, unless appealed within 10 days to the City Clerk.
(Continued from the Planning Commission meeting of
December 10, 1996.)
Ms. Gloria Sciara, Planner I, presented the staff report as follows:
· Applicant is seeking approval for three sets of antenna to be installed vertically on an
existing PG&E transmission tower.
· The site is located on Pollard near the Highway 85 overpass. Site consists of one acre that
is developed with a single-family residence, a detached garage and the transmission tower.
· Antennas are five feet in length and when mounted vertically on the tower will stand at
58.5 feet in height.
· Tower will be surrounded by a chain link fence with redwood slats. There is already
mature vegetation on site to help obscure the tower.
· Staff is supportive of this request and recommends approval.
Chairwoman Keams opened Public Hearing No. 1.
Mr. Heinz Lum, Sprint Spectrum's representative:
· Advised that Sprint has reviewed the staff report and Sprint is comfortable with staff's
recommendations.
Planninl~ Commission Minutes of January 14, 1997 Pa~e 3
Commissioner Gibbons asked if the map previously presented to the Planning Commission,
which depicted a total of five sites for antennas within Campbell, is still in effect.
Mr. Heinz Lum replied that Sprint does not anticipate more antennas within Campbell's
jurisdiction than the five they presented on their master plan.
Mr. Felix Fettig, 79 Rio Serena:
· Questioned the location of the antenna as he understood it would be somewhere on
Campbell Avenue.
Mr. Darryl M. Jones advised Mr. Fettig that a second application from Sprint would be
discussed for 1630 W. Campbell as Agenda Item No. 2.
Chairwoman Keams closed Public Hearing No. 1.
Motion:
Upon motion of Commissioner Lindstrom, seconded by Commissioner
Alne, the Planning Commission adopted Resolution No. 3065 approving a
Conditional Use Permit to allow cellular antennas on an existing PG&E
transmission tower and a ground-mounted equipment structure on
property located at 1849 Pollard Road, by the following roll call vote:
AYES: Alne, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission decision final, unless appealed within 10 days to the City Clerk.
Chairwoman Keams read Agenda Item No. 2 into the record.
2. UP 96-17
Mejia, P.
Public Heating to consider the application of Ms. Patty Mejia,
on behalf of Sprint Spectrum, for approval of a Conditional Use
Permit to allow the installation of a cellular antenna facility and
ground-mounted equipment on property located at 1630 W.
Campbell Avenue in a C-1-S (Neighborhood Commercial)
Zoning District. This project is Categorically Exempt.
Planning Commission decision final, unless appealed within 10
days to the City Clerk.
Plannin~ Commission Minutes of Januar7 14, 1997 Pa~e 4
Ms. Gloria Sciara, Planner I, presented the staff report as follows:
· Sprint is seeking to place a monopole antenna on the western portion of Kirkwood Plaza
Shopping Center. This monopole will be installed in a trash enclosure area located near a
pad building that houses Baskin Robbins and The Right Stuff.
· There are six panels attached to the monopole for a total height of 48.5 feet.
· Staff is recommending landscaping along the pole to consist of groundcover, shrubs and
low growing trees.
Chairwoman Keams opened the Public Hearing for Agenda Item No. 2.
Mr. Heinz Lum, Sprint Spectrum, advised the Commission that they will be replacing an
existing light standard with their own light standard. Sprint is supportive of all proposed
Conditions of Approval.
Commissioner Alne asked if the Use Permit runs with the land. Is the property owner the
applicant or Sprint?
Ms. Gloria Sciara advised that Sprint submitted the application with the permission of the
property owner. The Use Permit approval runs with the land.
Commissioner Lindstrom asked if the applicants support the requirement for landscaping.
Mr. Heinz Lum stated that both Sprint and Mr. Kirkorian, the property owner, agree to the
requirement for screening landscaping.
Mr. Felix Fettig, 79 Rio Serena:
· Asked how much current is being generated by this equipment.
· Questioned whether this equipment would in any way interfere with television reception in
the area.
Mr. Heinz Lum assured Mr. Fettig that Sprint's equipment is operating on a different
frequency from television and radio. There will be no interference. Additionally, he added
that despite rumors to the contrary, this equipment does not interfere with pace makers either.
Chairwoman Keams closed the Public Hearing for Agenda Item No. 2.
Commissioner Jones expressed the interest in having a time limit for this approval and to have
the Use Permit reviewed in five years.
Mr. Darryl Jones, Senior Planner, advised that the Commission has typically applied this
Condition to antennas mounted on the roof of buildings but could be applied to monopoles as
well.
Planning Commission Minutes of Januar~ 14, 1997 Page 5
Mr. Heinz Lum advised that Sprint would have no problem with such a condition.
Motion:
Upon motion of Commissioner Alne, seconded by Commissioner Meyer-
Kennedy, the Planning Commission adopted Resolution No. 3066
approving a Conditional Use Permit (UP 96-13) to allow the installation of
a cellular antenna facility and ground-mounted equipment on property
located at 1630 W. Campbell Avenue with the added condition that this
approval be reviewed by the Planning Commission in five years time, by
the following roll call vote:
AYES: Alne, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
NOES: None
ABSENT: None
ABSTAIN: None
This approval is final, unless appealed in writing to the City Clerk within 10 days.
Chairwoman Keams read Agenda Item No. 3 into the record.
3. UP 96-19 (A-G)
Grant, D.
Public Hearing to consider the application of Ms. Dawna Grant,
on behalf of Pacific Bell ACN, for a Conditional Use Permit
(UP 96-19 A-G) to allow the placement of seven utility cabinets
and related utility systems on the properties listed below.
A. 1500 E. Hamilton Avenue in a P-O (Professional
Office) Zoning District.
B. 14495 $. Bascom Avenue in a C-2-S (General
Commercial) Zoning District.
C. 191 Redding Road in a PD (Planned
Development/Low-Medium Density) Zoning District.
D. 131 Union Avenue in an R-3-S (Multiple Family
Residential) Zoning District.
E. 185 Union Avenue in an R-3-S (Multiple Family
Residential) Zoning District.
F. 275 Union Avenue in an R-3-S (Multiple Family
Residential) Zoning District.
G. 325 Union Avenue in an R-3-S (Multiple Family
Residential) Zoning District.
A Negative Declaration will be prepared for this project.
Planning Commission decision final, unless appealed within 10
days to the City Clerk.
Plannin~ Commission Minutes of January 14, 1997 Pa~e 6
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
This application is for a Conditional Use Permit to allow Pacific Bell to install node
cabinets on seven sites as part of a larger Advanced Communications Network.
· These nodes will help provide cable services to persons in Santa Clara County and
additionally provide upgrades to the telephone system.
· The nodes are metal cabinets two feet by six feet and five feet high.
The nodes are proposed to be located within landscape areas on these seven sites.
· The Zoning Ordinance regarding Public Service Uses requires that a Conditional Use
Permit be obtained.
· Two of the proposed sites are developed with office buildings (Hamilton at Leigh and
Bascom near White Oaks Road. One site is developed with townhomes (Redding Road)
and four are on Union Avenue on lots developed with apartment complexes.
· Staff recommends that the Commission grant a Negative Declaration and adopt a
Resolution approving UP 96-19 (A-G) with revised Conditions suggested by the City
Attorney.
City Attorney William Seligrnann noted that language was added to accurately describe the
project and note that cable service would be provided so the application is not limited to
telephone upgrades. Based on discussions with the applicant, telephone upgrades are an
incidental part of providing cable services to subscribers outside the City. The primary reason
for this application is the need to provide cable service.
Commissioner Alne asked why these nodes should be installed now to support households
outside of Campbell. Why is Campbell not to be served by this cable service.
City Attorney William Seligrnann advised that the City would like to see the service offered in
Campbell and that a condition of approval calls for execution of a franchise agreement that
would ultimately provide for services in Campbell.
Commissioner Alne asked if FCC approval is required.
City Attorney William Seligmann advised that FCC approval for an Open Video System is an
alternative to a franchise and they do not have such approval.
Commissioner Alne asked for clarification about Condition of Approval No. 8 in which a
franchise agreement is required.
City Attorney William Seligrnann read aloud Condition of Approval No. 8 as follows:
· Franchise Agreement: The applicant shall obtain a franchise agreement as required under
Chapter 5.20 of the Campbell Municipal Code or provide certification of an Open Video
Systems (OVS) Certification from the FCC pursuant to 1996 Telecom Act and subsequent
FCC Orders, prior to issuance of buildingpermits or encroachment permits.
Plannin~ Commission Minutes of Januar~ 14, 1997 Pa~e 7
Commissioner Alne asked for clarification that a Use Permit approval is good for one
year. City Attorney William Seligrnann stated that was correct. He added that Pac Bell is
claiming that they do not have to obtain a franchise agreement.
Commissioner Alne asked why this approval is in the interest of the City of Campbell. He
asked what would happen if this Use Permit is not approved.
City Attorney William Seligrnann replied that if the applicant does not challenge the denial of
the Use Permit, they will not be able to install their equipment and they would have to
complete the system outside of Campbell.
Commissioner Alne asked the appropriateness of using one Use Permit for seven different
locations.
City Attorney William Seligmann advised that this is acceptable. Permission has been
received by each property owner.
Commissioner Gibbons asked where the amplifying boxes that accompany each node would
be located. Are they depicted on the plans?
Mr. Tim J. Haley advised that they are depicted on the plans.
Commissioner Alne asked about the need for encroachment into the public right-of-way.
Mr. Tim J. Haley advised that Pac Bell would be required to apply for encroachment permits
as a Condition of Approval.
Chairwoman Keams asked if amplifiers would be part of the project in addition to the nodes.
Mr. Tim J. Haley confirmed her understanding. They would be located in existing public
service easements.
Commissioner Gibbons asked if the franchise was required for facilities in the public right-of-
way.
City Attorney William Seligmann confirmed that a franchise would be necessary.
Chairwoman Kearns opened the Public Hearing for Agenda Item No. 3.
Mr. Chris Rasmussen, Senior Council, Pacific Bell:
· They are requesting approval of a Use Permit. They will pursue and litigate if necessary.
· Advised that Pac Bell takes exception to only Condition of Approval No. 8.
Planning Commission Minutes of January 14, 1997 Page 8
· Stated that what they are seeking is permission to upgrade telephone services, not to
provide cable services.
· If they want to provide cable service in Campbell, they will file for a City franchise or with
the FCC.
· Condition No. 8 will prevent phone upgrades for Campbell residents.
· Conditioning a cable franchise in this case is a violation of the FCC Act.
· Pac Bell operates under a State franchise to build and provide phones under State law.
· The City has no authority to prevent upgrades in phone service. Preventing upgrades in
phone service is against the law. They have agreed to disagree with the City on this point.
· Advised that petition to City Council regarding Public Works permits are currently being
held in abeyance until this application catches up. Stated that they will litigate if
necessary.
· Informed that they will be spending $16 billion statewide in upgrading the telephone
network which in the future will be used for cable. They are upgrading facilities. They
will be building what they call new "cable plant" consisting of fiber and coaxial facilities.
They have a cable franchise in San Jose and with the County and some of the requested
facilities will facilitate provision of cable to those areas.
· Asked that Condition No. 8 be deleted. When their technology is proven and if it makes
financial sense, they will apply for a franchise agreement.
Commissioner Lowe asked what kinds of telephone upgrades would result from these nodes.
Mr. Chris Rasmussen replied that the improvements are high speed transfer of data services.
This includes much faster access on intemet to digital and data bases.
Commissioner Gibbons sought clarification that this is a test case. Not the entire City will
receive upgrades but just a small area within Campbell.
Mr. Chris Rasmussen advised that a Central Office is located in San Jose which serves a small
portion of Campbell. It is necessary to fully load this Central Office.
Commissioner Gibbons asked if 480 units in Campbell will have the improved phone service
as a result of these nodes.
Mr. Chris Rasmussen replied approximately 480 units in Campbell. In response to a question
by Commissioner Alne, he revised the number to approximately 2500.
Mr. Mike Peralta, Regional Operations Manager, Pac Bell:
· Advised that actually approximately 1300 units within Campbell would be served by these
seven nodes with improved phone services, approximately one-third of the total units
served.
Planning Commission Minutes of January 14, 1997 Pa~e 9
Commissioner Alne noted that this would involve an order of magnitude increase in band
width and asked why it was needed.
Mr. Mike Peralta replied that copper service offers 1.5 megabits of information. The new
equipment offers 20-30 megabits of information.
Commissioner Alne asked what percentage of each node is to be used for phone service.
Mr. Mike Peralta responded that it is an integrated system and it is not possible to provice a
specific percentage. He added that approximately one-third of the node is used for telephonic
and data service.
Commissioner Alne asked about the Bell Companies in other parts of the country who have
dropped out of the race to provide cable service.
Mr. Chris Rasmussen advised that Pac Bell has five years invested in this project. They have a
plan and they are currently testing technology. They are confident that the technology works
and they have invested lots of money. It is prudent to test before going full steam across the
state. They need two to three years to test in San Jose and San Diego.
Commissioner Alne asked if the upgrades will be completed by Pac Bell's target of 2010.
Mr. Chris Rasmussen answered that 2010 is a target. Campbell was originally in the
deployment area but Pac Bell pulled back slightly upon the passage of the
Telecommunications Act one year ago.
Commissioner Alne asked how a user will notice the improvement in phone service.
Mr. Chris Rasmussen replied that improved audio clarity should be noticeable.
Commissioner Lowe asked if the cost of phone service will go up in Campbell as a result of
this upgrade project.
Mr. Chris Rasmussen replied the cost would not go up as a result of these nodes.
Commissioner Lowe asked if the nodes could be installed underground.
Mr. Chris Rasmussen advised that although the idea was researched, the technology does not
exist today for underground installation of these nodes.
Commissioner Meyer-Kennedy asked why a telephone upgrade was being considered by the
Planning Commission.
Planning Commission Minutes of January 14, 1997 Page 10
Mr. Chris Rasmussen replied that Pac Bell has to comply with Land Use regulations.
Commissioner Meyer-Kennedy asked if he meant, land use for the placement of the nodes.
Mr. Chris Rasmussen replied they are seeking permission to build nodes on private property.
Commissioner Lindstrom asked if a Condition of Approval could be added to require Pac Bell
to remove these nodes if service is not finalized.
Mr. Chris Rasmussen said that Pac Bell could agree with that Condition.
Commissioner Alne questioned the wisdom of installing seven nodes to improve phone service
to just 1300 units within Campbell.
Mr. Chris Rasmussen stated that the people who use the equipment will dictate the use. No one
has control over what goes over phone lines. Ultimately, residents and industry dictates.
Commissioner Gibbons added that in the past, the Commission has inserted Conditions of
Approval that require an upgrade to most current equipment. Is it possible to require
undergrounding of equipment once the technology becomes available to do so.
Mr. Chris Rasmussen stated that care must be taken. If technology is developed in the next
five years, new technology would be used for new installations. Pac Bell could not accept a
Condition to retrofit existing nodes.
Commissioner Jones suggested allowing property owners the choice to put equipment
underground if the technology becomes available.
Mr. Chris Rasmussen advised that Pac Bell could not accept that Condition at tonight's
meeting.
Commissioner Meyer-Kennedy asked for comparisons to other equipment to compare a noise
level of 55 decibels.
Mr. Chris Rasmussen gave several samples: dishwasher (50 dba), vacuum cleaner (75 dba).
The node at its high end operation emits 55 dba. This is reduced to 45-47 dba when standing
six feet away. Shrubbery and fencing diminishes the sound. The noise standard can be met.
Commissioner Meyer-Kennedy asked if upgrades could be made if future technology is
available that is quieter.
Mr. Chris Rasmussen replied that incremental upgrades of existing equipment is possible.
Planning Commission Minutes of January 14, 1997 Page 11
Commissioner Gibbons asked if Pac Bell would be responsive to any complaints of noise and
take care of the concems through additional landscaping and/or fencing. Would they redress
issues that come up as a result of their equipment?
Mr. Chris Rasmussen advised that Pac Bell is prepared to meet the established noise standards.
They will be open to upgrades as they come along as long as they do not require the complete
replacement of existing node cabinets.
Commissioner Gibbons asked about noise levels when the generators are operating.
Mr. Mike Peralta advised that the generators are exercised once a month at half speed.
Commissioner Gibbons asked about heat exchangers.
Mr. Mike Peralta stated that on hot days auxiliary fans located within the unit would operate.
Commissioner Gibbons asked who maintains the screening landscaping and fencing.
Mr. Mike Peralta replied that the respective property owners will maintain the landscaping and
Pac Bell will handle any graffiti and fencing problems.
Commissioner Jones inquired about the proximity of residential windows to the node on
Redding. Will noise be an issue?
Mr. Mike Peralta replied that noise could be an issue under emergency circumstances when the
generators are on, but not under normal operation. All issues have been considered when
selecting the placement of the node on a site. If the noise standard is exceeded, they would
mitigate.
Mr. Steve Piasecki added that Condition No. 9 states that maintenance is limited from 9 a.m. to
5 p.m., Monday through Friday.
Mr. Mike Peralta again added that the noise level would not exceed 55 dba unless the
generator is needed during a power outage.
Commissioner Gibbons asked for clarification about the noise standards.
Mr. Mike Peralta pointed out Condition of Approval No. 12.
Commissioner Jones asked if the landowners are paid rent for the placement of the nodes on
their property.
Planning Commission Minutes of January 14, 1997 Page 12
Mr. Rasmussen advised that on occasion, a utility has had to obtain a private easement.
Sometimes payment is made. Typically, only a one-time payment is made. A public utility
has the right to place equipment in the public right-of-way.
Commissioner Gibbons, in looking at a noise level table, asked for clarification about the
different levels.
Mr. Chris Rasmussen advised that the standard is 55 dba at the exterior of a residence.
Mr. Mike Peralta again advised that the siting of the nodes took distances from residences into
consideration.
Commissioner Lowe questioned the lack of screening fencing on the 1500 Hamilton Avenue
site.
Ms. Dawna Grant, Pacific Bell advised that the property owner preferred to have the cabinet
painted beige to match his wall.
Mr. Lars McElray, Representative for 1500 Hamilton Avenue, stated that landscaping will be
installed to assist in screening the equipment.
Ms. Dawna Grant advised that Pac Bell would be covering the cost of this additional
landscaping.
Chairwoman Keams asked City Attorney Seligmann for more input regarding Condition of
Approval No. 8.
City Attorney William Seligmann advised that this is the crux of the debate between the City
and the applicant. Pac Bell believes that a franchise agreement is not required if they are not
providing cable service to Campbell. The City's position is that if they are providing video
services from facilities in Campbell, they must obtain a franchise, regardless of where the
subscribers are. This is the reason for Condition of Approval No. 8. As an alternative, the
Commission would limit the use of facilities to telephone services but this might be hard to
police. A franchise is conssitent with actual intended use of the facilities.
Commissioner Gibbons asked if Council would be reviewing this application.
City Attorney William Seligrnann replied that the Planning Commission decision is final,
unless appealed. If Condition of Approval No 8 is included in the approved Resolution, the
applicant will appeal. If the Use Permit is denied, the applicant will have to appeal to Council
before the issue could be litigated.
Planning Commission Minutes of Januar~ 14, 1997 Page 13
Commissioner Lowe stated that the City of Campbell is being used as a "lab rat" with no
benefit to the Community. He will not support this application.
Commissioner Alne stated that he is a technology advocate but there is deadly competition is
pending in this area. He suggested denying this application and encouraging the applicant to
come back with a clear sequence of when service will be available to Campbell residents.
Commissioner Lindstrom said that he could not support this application due to the
experimental nature of the Pac Bell program.
Commissioner Meyer-Kennedy stated concern that the Commission might be getting further
involved than just considering the placement of node boxes. Is not the Commission's main
concern that the boxes be placed appropriately on each site?
Commissioner Lowe stated that noise could have a direct impact on the community.
City Attorney William Seligmann advised that if this project was simply a telephone upgrade
without service cabinets, this matter would not be before the Planning Commission. The
Commission is reviewing the installation of cabinets on private sites and to attach conditions
related to the cabinets and the services that will be provided.
Commissioner Alne stated his belief that the Commission is doing more than simply reviewing
the placement of cabinets.
City Attorney Seligmann stated that a Use Permit for Utility Service on private property
triggers review by the Planning Commission and this would be true even if the cabinets were
just for telephone service.
Commissioner Alne stated that he did not want Campbell used to provide services to other
cities unless Campbell gets service at the same time. They do not appear to be properly
located.
Commissioner Gibbons asked if adjacent property owners have been notified. Stated that she
has mixed feelings about this application. Suggested leaving Condition 8 and allowing
Council the opportunity to consider the appeal. Stated that she will support such an action.
Motion:
Upon motion of Commissioner Meyer-Kennedy, seconded by
Commissioner Gibbons, the Planning Commission moved to adopt a
Resolution granting a Negative Declaration and approving a Conditional
Use Permit to allow the placement of seven utility cabinets and related
utility systems on seven properties (1500 E. Hamilton Avenue, 14495 S.
Bascom Avenue, 191 Redding Road, 131 Union Avenue, 185 Union
Avenue, 275 Union Avenue and 325 Union Avenue).
Planning Commission Minutes of Januar~ 14, 1997 Page 14
Commissioner Jones suggested adding a Condition for five year review.
Commissioner Gibbons said that she could support this friendly amendment.
City Attorney Seligrnann advised that the Condition would have to be more definite. The
Commission can impose a Condition to require upgrades. They can limit the number of years
the Use Permit is valid. They can require the applicant to reapply and re-examine the Use
Permit in a specific number of years. The most simple method is to limit the time duration.
Commissioner Alne urged the Commission not to approve this application.
Commissioner Meyer-Kennedy stated that she does not believe the provision of phone or cable
services are in the realm of the Planning Commission.
The motion was restated:
Motion:
Upon motion of Commissioner Meyer-Kennedy, seconded by
Commissioner Gibbons, the Planning Commission moved to adopt a
Resolution granting a Negative Declaration and approving a Conditional
Use Permit to allow the placement of seven utility cabinets and related
utility systems on seven properties (1500 E. Hamilton Avenue, 14495 S.
Bascom Avenue, 191 Redding Road, 131 Union Avenue, 185 Union
Avenue, 275 Union Avenue and 325 Union Avenue) with the amended
Conditions of Approval and the added Condition to require review after
five years for size and noise. If the Planning Commission determines that
technology is available to reduce size or noise, the applicant would be
required to install the upgraded technology.
Commisioner Lindstrom questioned whether failure to provide video programming in
Campbell violated Condition No. 1.
City Attorney William Seligmann clarified that the franchise required by Condition No. 8
would require video services in Campbell but that Condition No. 1 only recognizes that they
are providing video services somewhere.
Commissioners Meyer-Kennedy and Gibbons then withdrew their motion.
Planninl~ Commission Minutes of January 14, 1997 Pa~e 15
Motion:
Upon motion of Commissioner Alne, seconded by Commissioner Lowe, the
Planning Commission adopted Resolution No. 3067 denying a Conditional
Use Permit to allow the placement of seven utility cabinets and related
utility systems on seven properties (1500 E. Hamilton Avenue, 14495 S.
Bascom Avenue, 191 Redding Road, 131 Union Avenue, 185 Union
Avenue, 275 Union Avenue and 325 Union Avenue), by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Alne, Jones, Lindstrom, Lowe,
Gibbons, Kearns, Meyer-Kennedy
None
None
This decision is final, unless appealed in writing to the City Clerk within 10 days.
Chairwoman Keams read Agenda Item No. 4 into the record.
M 96-18/SA 96-60
Rock Bottom Brewery
Public Hearing to consider the application of Rock Bottom
Brewery for approval of a Modification to a previous Site
Approval to allow the placement of a grain silo for use in
conjunction with a restaurant and brewery and for approval of a
Sign Exception to allow four signs at the restaurant and
brewery on property located at 1875 S. Bascom Avenue in a C-
2-S (General Commercial) Zoning District. This project is
Categorically Exempt. Planning Commission decision final
unless appealed within 10 days to the City Clerk.
Ms. Aki Irani, Planner I, presented the staff report as follows:
· Application is for a Modification to allow the placement of a grain silo and a Sign
Exception to permit additional signs for a new restaurant and brewery, Rock Bottom
Brewery, to open at the Pmneyard in March.
· Staff finds the grain silo to be consistent with General Plan and Zoning for the area.
· The grain silo will be located on the southwest comer of the site and will be 25.5 feet high
and 12 feet in diameter with a logo painted on it.
· Staff recommends approval of the grain silo.
· As for signage, the applicant is seeking five signs, a six-foot high freestanding sign, a
trellis mounted sign, two tenant identification signs, a tower sign and a logo sign.
· Under the Sign Ordinance, the applicant is allowed one sign.
As there is no direct street frontage and the site is approximately 600 feet from the roadway,
staff is supportive of additional signage, however, staff does not recommend additional
freestanding signs. Additionally, staff recommends that the Marshall's and Wells Fargo
freestanding signs be removed when these tenants vacate.
Planning Commission Minutes of January 14, 1997
Page 16
· SARC reviewed this request and supports additional signage with the deletion of the two
tenant identification signs.
· Staff recommends approval.
Commissioner Meyer-Kennedy asked how many signs in total were being recommended.
Commissioner Lindstrom asked what the Marshall's and Wells Fargo signs have to do with
this request.
Mr. Steve Piasecki advised that staff is concemed that there are too many blade signs on this
site.
Commissioner Lowe presented the Site and Architectural Review Committee report as
follows:
· The applicant has agreed to remove two tenant identification signs from their request.
· SARC is supportive of the new renderings submitted by the applicant at this evening's
SARC meeting.
· SARC supports the application for four additional signs for a total of four signs for this
use.
Commissioner Meyer-Kennedy asked for a specific rundown of the signs.
Commissioner Lowe listed them as follows:
· One monument sign on Bascom Avenue frontage.
· One tower sign.
· One sign on top of the restaurant.
· One sign on the grain silo.
Chairwoman Keams opened the Public Hearing for Agenda Item No. 4.
Mr. Chris Meany, Property Representative, 1875 S. Bascom Avenue:
· Stated that the renovation of the Pruneyard, a three year effort, is drawing to a close.
· On March 1 st the final round of tenants will be opening their businesses.
· Commended staff for their recommendation to install a drive through the center. This has
proven to be a great addition to the shopping center.
· Expressed his excitement at the quality of Rock Bottom Brewery, a true micro brewery.
The grain silo will actually be used by the brewery.
Planning Commission Minutes of January 14, 1997 Page 17
Stated that he does not come to the Commission with a trivial sign request. This tenant is
not visible from any public street in Campbell, It is located at the absolute back of the
shopping center. The first sign in a "yellow brick road" leading to the restaurant is the
freestanding sign at Bascom which is 700 feet from the restaurant. The next sign is the
tower sign at about 340 feet into the site. The applicant is willing to simply use lettering
naming their restaurant but also propose using their logo if allowed. The next sign will be
on the silo. This is more a piece of art as it does not name the brewery.
Mr. Tim Trapp, Rock Bottom Restaurants:
· Their restaurant does on-site brewing with five beers from light to dark.
· They will probably develop beers specific to the Campbell Area.
· The silo is an integral part of what they do.
· The illustration that they are proposing is public art rather than advertising.
Commissioner Lowe asked if the grain silo would be smooth or rippled.
Mr. Tim Trapp answered smooth. The silo is already on a track coming to California.
Commissioner Keams asked the color of the silo.
Mr. Tim Trapp replied that they are off white to start. There is lots of flexibility in the color
the silo can be painted.
Mr. Chris Meany added that they want the silo to be seen. This is also a working piece of
equipment that needs to be accessible to trucks for grain delivery.
Chairwoman Keams asked for delivery times.
Mr. Tim Trapp stated that they need approximately one delivery per month and the time of day
is flexible for them. He added that they will be planting around the silo to help soften it.
Commissioner Jones asked if the beer brewed was going to be available for sale for off-site
use.
Mr. Tim Trapp stated that he is not yet clear on California law. Some states allow off-site sale.
However, they are engineered for on-site consumption.
Chairwoman Keams closed the Public Hearing for Agenda Item No. 4.
Planning Commission Minutes of January 14, 1997 Page 18
Motion:
Upon motion of Commissioner Alne, seconded by Commissioner Lowe, the
Planning Commission adopted Resolution No. 3068 approving a
Modification to a previous Site Approval to allow the placement of a grain
silo for a restaurant and brewery (Rock Bottom Brewery) and approved a
Sign Exception to allow four additional signs for a restaurant and brewery
on property located at 1875 S. Bascom Avenue, by the following roll call
vote:
AYES: Alne, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
NOES: None
ABSENT: None
ABSTAIN: None
This approval is final, unless appealed in writing to the City Clerk within 10 days.
Chairwoman Kearns read Agenda Item No. 5 into the record.
5. V 96-02
Shakeri, O.
Public Hearing to consider the application of Mr. Omid Shakeri
for approval of a Variance to the standards for flag lots to
reduce the front lot width from the required 60 feet to 58 feet
and to reduce the driveway width to the rear (flag) lot from 15
feet to 12 feet on property located at 1180 W. Latimer Avenue
in an R-l-6 (Single Family Residential) Zoning District. This
project is Categorically Exempt. Planning Commission
decision final, unless appealed with 10 days to the City Clerk.
Ms. Gloria Sciara, Planner I, presented the staff report as follows:
· Application is for approval of a Variance to subdivide a property and create a flag lot with
a reduction in front lot width from 60 to 58 feet and driveway width from 15 to 12 feet.
· Site is located mid-block on the south side of W. Latimer Avenue.
· Proposed use is consistent with the General Plan and Zoning for the site.
· Site is 70 feet wide by 267 feet deep with a total square footage of 18,760. For a single
family residential lot, 6,000 square feet is required. This lot consists of three times the
required lot area for a residential lot.
· Findings must be made that demonstrate that a Variance is necessary to enjoy the use of
the property and that to grant a Variance will not be detrimental to the welfare of the
surrounding uses. The Planning Commission is authorized to grant a Variance.
· Applicant is proposing a front lot parcel with 6,060 square feet and a rear lot parcel with
11,500 square feet.
Planning Commission Minutes of January 14, 1997
Page 19
· Staff is recommending that the front lot be increased in depth by 15 feet to create a 6,900
square foot lot.
· Even without a Variance, a secondary living unit (larger than a granny unit) would be
allowed on this lot as it is large enough to accommodate. However, without a Variance,
this lot would not be able to be subdivided and would have to remain a single property.
· Staff is supportive of this Variance request with the increase in depth of the front lot.
Commissioner Lindstrom asked where on the street this site is located.
Ms. Gloria Sciara advised that it is directly next to the day care facility.
Commissioner Alne asked what the frontage widths were on Latimer and stated he could not
support this request.
Commissioner Jones stated that it seemed the appearance from the street would not be any
different with two residences than if this site were developed with just one residence. The lot
is 70 feet wide and one driveway will be shared by the two lots.
Commissioner Alne said he believed two driveways were required.
Ms. Gloria Sciara replied that only one driveway was required and planned.
Commissioner Alne asked what the proposed driveway width would be and what the Fire
Department requires in driveway width.
Ms. Gloria Sciara replied that a 12-foot driveway width is proposed and that a 12 foot
driveway is required by Central Fire.
City Attorney Seligmann advised that the Commission can consider the size, shape or
configuration of a lot and make a finding that the property owner might be deprived of the
rights of similar sized lots due to the size, shape or configuration of their lot.
Mr. Steve Piasecki stated that staff has researched when this lot was configured.
Ms. Gloria Sciara reported that the lot was transferred by grant in 1947. As early as 1939,
there was no minimum lot width requirement nor is there a minimum lot width requirement
today under County standards. Under County jurisdiction, this lot would be subdividable.
Mr. Steve Piasecki added that staff has determined that there is no physical alteration that
would be visible to the street therefore no impact on the neighborhood is anticipated as a result
of this Variance. Staff recommends approval.
Chairwoman Kearns opened the Public Hearing for Agenda Item No. 5.
Plannin~ Commission Minutes of January 14, 1997
Pa~e 20
Mr. Omid Shakeri, Applicant:
· Stated that he is seeking a Variance to reduce frontages.
· lie has two options with his 70 foot wide lot. A 50 foot frontage with a 20 foot driveway
width or a 58 foot frontage with a 12 foot driveway width which he has requested. This 58
foot frontage is only two feet narrower than the predominate lot width in the area.
· In looking at the findings required to substantiate a Variance he finds that:
1. Extraordinary circumstances exist as a majority of lots have 60 foot frontages
whereas his lot is four times as deep as it is wide.
2. Deprived use of land would occur and he would be unable to subdivide which
unreasonable restricts the use of the land.
3. Impact on neighborhood would be two single family homes sharing one driveway.
· Stated that actually his project would have a positive impact on the surrounding area as it
would serve as a buffer between existing lots and the day care facility.
· His proposed density is 4 units per acre.
· Assured that he would provide a good development and minimize the impact on the
neighborhood.
Commissioner Lowe aske what size and type of home was the applicant proposing.
Mr. Omid Shakeri advised that they are looking at detached single family homes in a ranch
style. He has developed another project in Campbell in which he matched his architecture to
the architecture of the neighborhood. He added that the design would have to undergo design
review by staff.
Mr. Tom Wills, 1206 W. Latimer Avenue:
· Stated that he has a couple of issues with the proposed Variance.
· Said that he does not want to see two-story residences built on this lot as they would
overlook his property and there are no two-story homes in the area.
· Advised that he himself had asked two realtors to research the possibility of subdividing
this property and they had been told by City staff that it would not be possible. His wife
also came to City Hall to investigate the possibility.
· Questioned the contention that this project could act as a buffer to the day care. To build
these homes, two mature trees will have to come down.
· Disagreed with Finding No. 5 that stated there would be no impact on the area.
Mr. John Magnasco, Magnasco Residual Trust:
· Protested applicant's claims of 60 foot typical frontages and stated that the average is
closer to the mid 60s to low 70s.
· Protested driveway width. The back lot is more difficult to access which isolates it from
protective services.
· A reduced front lot and driveway width is not a desirable configuration.
Planninl~ Commission Minutes of January 14, 1997 Pa~e 21
· Previous subdivisions have been denied in the area and there is no reason for an exception
in this area.
· Realtors contacted the City and were informed that the lot was not subdividable.
· Expressed concern about the removal of trees due to the location of the driveway.
· Stated that the day care facility has already been detrimental to the area.
· Stated his belief that there are people out there who would be interested in a larger lot to
allow a large home and smaller guest cottage.
· If the Commission allows this Variance, consider requiring the driveway to be installed on
the opposite side of the property.
Mr. Wayne Garrahan, 1185 W. Latimer Avenue:
· Stated that a matur cedar tree would be removed.
· There is already lots of noise from the day care center.
· The developer is not concerned about area.
· One very nice home can be built on this lot.
· Stated that all the homes in the area are single story.
· There is no undue hardship that makes the Variance necessary.
Mr. John Oneto, 1143 Paula Drive:
· This project is not for the good of the people who live in the area.
· The development rules are in place for a reason.
Ms. Darleen Sprajc, 1210 W. Latimer Avenue:
· Advised that when she wanted to build in-law quarters in 1991, she was limited to 640
square feet.
· She was informed that she would have to live in one unit and could only rent one. There is
only one water meter on her property.
· The employees from the school park on their street already. Where are the extra cars from
these two proposed homes going to park?
· Expressed concern about emergency vehicles reaching the rear home.
· Stated that she often hears from realtors interested in making on offer on her property.
These people are most likely interested in subdividing her large lot, however, she loves her
property and plans to stay there.
Commissioner Alne asked why this owner was limited to a 640 square foot structure.
Ms. Gloria Sciara replied that she would have to review the file to answer that question.
Planning[ Commission Minutes of January 14, 1997 Pa~e 22
Mr. Omid Shakeri:
· Stated that the cedar tree, that one of the neighbors expressed concem about, would be
preserved as the driveway would be placed so the tree could remain.
· Stated that buildings offer more noise buffeting than trees.
· Advised that he does not know yet whether he plans to build single or two-story homes.
However, even today without subdividing the lot, he has the tight to build two two-story
homes on his site.
Commissioner Alne questioned the applicant's plans for the driveway.
Mr. Tom Wills, 1206 W. Latimer Avenue:
· Disagreed with applicant's contention that trees don't buffer sound.
· Urged Commission to vote against this application.
Ms. Darleen Sprajc, 1210 W. Latimer Avenue:
· Advised that when the subdivision was built next to her property, the developers were
restricted from building two-story homes.
Chairwoman Kearns closed the Public Hearing for Agenda Item No. 5.
Motion:
Upon motion of Commissioner Alne, seconded by Commissioner Jones, the
Planning Commission adopted Resolution No. 3069 denying a Variance to
allow a reduced front lot width from the required 60 feet to 58 feet and a
reduced driveway width to the rear of the flag lot from 15 feet to 12 feet on
property
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
located at 1180 W. Latimer Avenue, by the following roll call
Alne, Gibbons,
Kennedy
None
None
None
Jones, Kearns, Lindstrom, Lowe, Meyer-
This decision is final, unless appealed in writing to the City Clerk within 10 days.
Chairwoman Keams read Agenda Item No. 6 into the record.
Planning Commission Minutes of January 14, 1997 Page 23
6.. UP 96-16
Pollo's
Public Hearing to consider the application of Polio's Mexican
Chicken I, L.P., for approval of a Conditional Use Permit to
allow outdoor seating in conjunction with an existing restaurant
(Pollo Rey) on property located at 1581 W. Campbell Avenue
in a C-1-S (Neighborhood Commercial) Zoning District. This
project is Categorically Exempt. Planning Commission
decision final, unless appealed within 10 days to the City Clerk.
Ms. Barbara Ryan, Planner I, presented the staff report as follows:
· Application has four areas of review: parking adequacy,
appearance, impact and
circulation.
· Parking on site is 178 spaces which is a ratio of 1 space for every 238 square feet of retail
space.
· Outside seating requires an additional 5 spaces.
· Staff reviewed the parking situation on site during the busy holiday season and found it to
be adequate.
· The existing layout of the outdoor seating, installed without a Use Permit, does not allow
adequate access space of 48 inches to the adjacent business. Staff has designed an alternate
layout for the outdoor seating that allows the required access.
· Staff recommends approval of the outdoor seating using staff's new layout.
Chairwoman Keams opened the Public Hearing for Agenda Item No. 5.
Mr. Pete O'Brien, Applicant's Representative:
· Advised that they had been unaware that a Use Permit was required for the outdoor seating.
· Stated he was available for any questions.
· His company has been in Campbell for a number of years and likes the City. They are
long-term players in the area having just expanded to the Pruneyard.
· The outdoor seating works well for their restaurant.
Mr. Felix Fettig, 79 Rio Serena:
· Asked what hours this outdoor seating would be used.
Chairwoman Kearns advised that the hours of operation for the restaurant are from 11 a.m. to 9
p.m.
Mr. Felix Fettig stated that he had no problem with those hours for the outdoor seating use.
Chairwoman Keams closed the Public Hearing for Agenda Item No. 5.
Planning Commission Minutes of January 14, 1997 Page 24
Motion:
Upon motion of Commissioner Jones, seconded by Commissioner Meyer-
Kennedy, the Planning Commission adopted Resolution No. 3070
approving a Conditional Use Permit to allow outdoor seating with an
existing restaurant (Pollo Rey) on property located at 1581 W. Campbell
Avenue, by the following roll call vote:
AYES: Alne, Gibbons, Kearns, Lindstrom, Lowe, Meyer-Kennedy
NOES: Jones
ABSENT: None
ABSTAIN: None
This approval is final, unless appealed in writing to the City Clerk within 10 days.
Chairwoman Keams read Agenda Item No. 7 into the record.
7. SA 96-61
Hawg's Seafood
Hearing to consider the application of Hawg's Seafood for
approval of a Sign Application to allow a second wall sign for a
new restaurant on property located at 1700 W. Campbell
Avenue in a C-1-S (Neighborhood Commercial) Zoning
District. This project is Categorically Exempt. Planning
Commission decision final, unless appealed within 10 days to
the City Clerk.
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
Applicant is seeking approval of a second wall sign for a new restaurant at Kirkwood
Plaza.
· Restaurant has two elevations.
· One wall sign is permitted under the Sign Ordinance.
· Applicant has agreed to smaller wall signs to allow for two signs.
· Staff recommends approval as this request is found to be reasonable.
Commissioner Lowe asked if there is a monument sign.
Mr. Tim J. Haley advised that the former Renzo's sign has been refaced to be used as a multi-
tenant sign.
Commissioner Lowe asked how much area does it take up.
Mr. Tim J. Haley stated that it would occupy 10 square feet.
Planning Commission Minutes of January 14, 1997 Page 25
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Jones,
the Planning Commission approved a Sign Exception to allow a second
wall sign for a new restaurant (Hawg's Seafood) on property located at
1700 W. Campbell Avenue (7-0).
This approval 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 additions:
· Council has approved the project for the Winchester Drive-In Site. A development
application will come before the Planning Commission in two to three months.
· The Coventry School property purchase or lease option will be investigated as potential
open space.
· Council approved the retail project at 790 £. Campbell Avenue.
· SARC will meet on Thursday, January 16, 1997.
ADJOURNMENT
The Planning Commission meeting adjourned at 11:35 p.m. to the next Planning Commission
meeting of January 28, 1997, in the Council Chambers, City Hall, 70 North First Street,
Campbell, California.
SUBMITTED BY: _~
Corinne A. Shinn, Recording Secretary
APPROVED BY:
ATTEST:
Susan,t~eams, Chair
~SSteve P~asecki, Sedretary