7.11.23 PC meeting minutes - signed
PLANNING COMMISSION
REGULAR MEETING MINUTES
Tuesday, July 11, 2023 I 7:30pm
City Hall Council Chamber
CALL TO ORDER
The Regular Planning Commission meeting of July 11, 2023 was called to order at 7:30 pm by Chair
Buchbinder, and the following proceedings were had to wit.
ROLL CALL
Members present:
Rob Eastwood, Director
Bill Seligmann, City Attorney
Stephen Rose, Senior Planner
Tracy Tam, Associate Planner
Ken Ramirez, Administrative Analyst
APPROVAL OF MINUTES
1. Approval of Minutes of June 27, 2023 (Roll Call Vote)
➢ Meeting minutes a 6/27/2023 (Regular Meeting)
Approved by Planning Commission. Commissioner Ostrowski Absent.
COMMUNICATIONS
None
AGENDA MODIFICATIONS OR POSTPONEMENTS
Planning Commissioners Present:
Adam Buchbinder, Chair
Alan Zisser, Vice Chair
Davis Fields
Stuart Ching
Matt Kamkar
Michael Krey
Planning Commission Absent
Maggie Ostrowski
Campbell Planning Commission Meeting Minutes – July 11, 2023 Page 2
None
ORAL COMMUNICATIONS
This portion of the meeting is reserved for individuals wishing to address the Planning
Commission on matters of community concern that are not listed on the agenda. In the interest
of time, the Chair may limit speakers to five minutes. Please be aware that State law prohibits the
Commission from acting on non-agendized items, however, the Chair may refer matters to staff
for follow-up.
Opened and Closed Public Comment
PUBLIC HEARING
Note: Members of the public may be allotted up to two (2) minutes to comment on any public
hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five
(5) minutes for opening statements and up to a total of three (3) minutes maximum for closing
statements. Items requested/recommended for continuance are subject to Planning Commission’s
consent at the meeting.
Disclosures: Vice Chair Zisser and Commissioner Krey visited all the sites but did not speak to
anyone at the sites. Commissioner Kamkar went past the site for Item 3. Chair Buchbinder spoke
to applicant and visited the site for Item 4.
Chair Buchbinder read the following public hearing items into record as follows:
2. PLN-2023-65 – 801 W. Hamilton Avenue
Continued Public Hearing to conduct a compliance evaluation of an existing restaurant
(Negeen Restaurant) with on-site alcohol sales and late-night hours in response to live
events held on the property inconsistent with permit requirements, and to consider the
modification or revocation of planning permit(s) in response on property located at 801 W.
Hamilton Avenue. Staff is recommending that this item be deemed Categorically Exempt
under CEQA. Planning Commission action is final unless appealed in writing to the City Clerk
within 10 calendar days. Project Planner: Tracy Tam, Associate Planner
Recommended Action: Adopt a Resolution (reference Attachment 1) approving a City-
Initiated Modification (PLN-2023-65) to the Administrative Planned Development Permit
(PLN-2009-167).
Associate Planner Tracy Tam presented the staff report to conduct a compliance evaluation
of an existing restaurant (Negeen Restaurant) with on-site alcohol sales and late-night
hours in response to live events held on the property inconsistent with permit
requirements, and to consider the modification or revocation of planning permit(s) in
response on property located at 801 W. Hamilton Avenue.
Commissioners received clarification regarding the differences between the revocation of
Khartoum Lounge hearing and the subject hearing. The Planning Commission is reviewing
the permit due to two violations. City Attorney also clarified that state law provisions limit
Campbell Planning Commission Meeting Minutes – July 11, 2023 Page 3
fines to $1,000 per violation. Staff explained the permits needed to conduct outdoor
temporary events, citing that a two-step permit procedure would be required.
Applicant stated that he was bringing the community together. No intention going against
city regulation or rules. Event had an economic benefit.
Commissioners received clarification and responses from applicant that if the event is held
again in the future they would apply for a permit to hold that event.
Commissioners discussed their perspectives on the project. Believe that the Khartoum
model worked well. Believe that the City should make clear what the penalties are for
violating conditions of approval. In favor of having staff the ability to modify the hours if
needed. Ok with staff recommendations. Applicant should make adjustments and submit
for a Conditional Use Permit.
A straw-poll was taken (4-2; in favor of moving forward with Compliance Agreement with
applicant)
Motion: Upon motion by Commissioner Krey, seconded by Commissioner Kamkar the
Planning Commission adopted Resolution No. 4684, approving a City-initiated
Modification to a previously approved Administrative Planned Development
Permit ((PLN2009-167), amending the conditions of approval for an existing
restaurant/liquor establishment (Negeen Restaurant) with Late-Night activities on
property located at 801 W. Hamilton Avenue(PLN-2023-65), by the following roll
call vote.
AYES: Ching, Kamkar, Krey, Buchbinder, Zisser, Fields
NOES: None
ABSENT: Ostrowski
ABSTAIN: None
Chair Buchbinder closed public hearing.
Commissioners were in support of the project.
3. PLN-2021-43 – 910 S. McGlincy Lane
Public Hearing to consider the application of Nicole Comach (Crown Castle) and Jake
Hamilton (Virtual Site Walk, LLC) to allow for the establishment of a concealed wireless
telecommunications facility (artificial tree pole) with a request for a limited exemption from
standards to retain the existing height of the facility (45-feet permitted; 75-feet
existing/requested) on property located at 910 S. McGlincy Lane in the M-1 (Light
Industrial) Zoning District. The application under consideration is a Conditional Use Permit
with Site and Architectural Review. File No.: PLN-2021-43. Staff is recommending that this
item be deemed Categorically Exempt under CEQA. Planning Commission action is final
Campbell Planning Commission Meeting Minutes – July 11, 2023 Page 4
unless appealed in writing to the City Clerk within 10 calendar days. Project Planner:
Stephen Rose, Senior Planner
Recommended Action: Adopt a Resolution (reference Attachment A), approving a
Conditional Use Permit with Site and Architectural Review (PLN-2021-43) to allow for the
establishment of a new concealed wireless facility (artificial tree pole) with a request for a
limited exemption from standards to retain the existing height of the facility (45-feet
permitted; 75-feet existing/requested) on property located at 910 S. McGlincy Lane in the
M-1 (Light Industrial) Zoning District and finding the project Categorically Exempt under
Section 15301 of the California Environmental Quality Act.
Senior Planner Stephen Rose presented the staff report.
Commissioners asked for clarification why a Eucalyptus tree was chosen as the artificial tree
species to mimic.
Senior Planner Stephen Rose explained that the City’s adopted Wireless Facilities Design
Requirements indicate a preference for “V-shaped” trees, such as Eucalyptus trees, on the
basis they offer greater canopy coverage where antennas are mounted at toward the top
of the tower. Senior Planner Stephen Rose further explained that while other tree species
were considered as the preferred tree species to mimic, such as Deodar Cedar which occur
north and south of the project site, that the Site and Architectural Review Committee
ultimately concluded that the Eucalyptus was preferred, in consideration that other Deodar
Cedar trees do not occur on the project site
Commissioners asked for clarification why the applicant’s request to modify an existing
wireless facility was before them.
Senior Planner Stephen Rose explained that the City’s Wireless Facility Ordinance requires
an assessment of the special, size, and shape of selected artificial tree. The City has different
tiers for permitting requirements. Higher bar for establishment and lower bar for renewal.
As the existing land use entitlement is set to expire, and in consideration that the permit
constitutes a proposal for a new concealed facility, the permit requires review and approval
by the Planning Commission.
Grace Pamidi, a neighboring resident, spoke and stated that she was in favor of the
camouflage structure.
Commissioner discussed their perspectives on the project. Commissioners are in agreement
with selected type, shape, and height of artificial tree.
Chair Buchbinder closed the Public Hearing on the item.
Motion: Upon motion by Commissioner Zisser, seconded by Commissioner Kamkar the
Planning Commission adopted Resolution No. 4685, approving a Conditional Use
Permit with Site and Architectural Review (PLN-2021-90) to allow the
Campbell Planning Commission Meeting Minutes – July 11, 2023 Page 5
establishment of a new concealed wireless facility (Artificial Tree) on a property
located at 910 S. McGlincy Lange in the M-1 (Light Industrial) zoning district.
Project File No.: PLN-2021-43, by the following roll call vote:
AYES: Ching, Kamkar, Krey, Buchbinder, Zisser, Fields
NOES: None
ABSENT: Ostrowski
ABSTAIN: None
NEW BUSINESS
4. Report of the Community Development Director
• Denial of shell gas station application will go to City Council
• The appeal hearing for 68 Page St that was continued to a future hearing date.
• The Planning Division does not currently have many projects in the pipeline. May need to
cancel a few Planning Commission meetings in the future due to lack of items.
Chair Buchbinder met with Economic Development team to learn about the permitting process.
Chair can make subcommittee and assign appointments.
Chair Buchbinder appointed Commissioner Field and Kamkar appointed to the Planning
Commission Economic Subcommittee.
ADJOURNMENT
Adjourned meeting at 9:20 p.m. to the next Regular Planning Commission Meeting on Tuesday,
July 25, 2023, in the City Hall Council Chambers, 70 North First Street, Campbell, California and via
telecommunication.
PREPARED BY: _______________________________
Ken Ramirez, Administrative Analyst
APPROVED: ______________________________
Adam Buchbinder, Chair
ATTEST: ________________________________
Rob Eastwood, Secretary
Item 1 - 7.11.23 PC meeting minutes
Final Audit Report 2023-08-31
Created:2023-08-30
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAqtlJuuIfsTNc63W7LS-OJ5k79Ter6zFV
"Item 1 - 7.11.23 PC meeting minutes" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2023-08-30 - 11:32:13 PM GMT
Document e-signed by Ken Ramirez (kenr@campbellca.gov)
Signature Date: 2023-08-30 - 11:33:11 PM GMT - Time Source: server
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2023-08-30 - 11:33:12 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2023-08-30 - 11:59:17 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2023-08-30 - 11:59:25 PM GMT - Time Source: server
Document emailed to adam.buchbinder@gmail.com for signature
2023-08-30 - 11:59:27 PM GMT
Email viewed by adam.buchbinder@gmail.com
2023-08-31 - 1:25:35 AM GMT
Signer adam.buchbinder@gmail.com entered name at signing as Adam Buchbinder
2023-08-31 - 1:28:03 AM GMT
Document e-signed by Adam Buchbinder (adam.buchbinder@gmail.com)
Signature Date: 2023-08-31 - 1:28:05 AM GMT - Time Source: server
Agreement completed.
2023-08-31 - 1:28:05 AM GMT