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PC Min 10/08/1996CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 8, 1996 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 8, 1996, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairman Lindstrom, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Mel Lindstrom Susan A. Kearns I. Alne Elizabeth Gibbons Brad Jones Dennis Lowe Jane Meyer-Kennedy Commissioners Absent: None StaffPresent: Community Development Director: Senior Planner: Planner I: City Attorney: Reporting Secretary: Steve Piasecki Darryl M. Jones Gloria Sciara William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Gibbons, the Planning Commission minutes of September 24, 1996, were approved (5-0-0-2; Commissioners Kearns and Lowe abstained). COMMUNICATIONS: 1. Letter from property owner regarding Agenda Item No. 1. 2. Modified Findings for Agenda Item No. 2. 3. Three newspaper articles. Planninl~ Commission Minutes of October 8, 1996 Pal~e 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairman Lindstrom read Agenda Item No. 1 into the record. 1. UP 96-10 Mejia, P. Continued Public Hearing to consider the application of Ms. Patty Mejia, on behalf of Sprint Spectrum, for approval of a Conditional Use Permit to allow cellular antennas and ground- mounted equipment on property located at 125 E. Sunnyoaks Avenue in a M-1-S (Light Industrial) Zoning District. Planning Commission decision final, unless appealed within 10 days to the City Clerk. Ms. Gloria Sciara, Planner I, presented the staff report as follows: · Applicant is seeking approval to place roof-mounted wireless antennas on property located at 125 E. Sunnyoaks Avenue. · This item was continued from the September 24th Planning Commission meeting so that the applicant could consider the relocation of the equipment building or unit to the rear of the site (next to the trash enclosure); screening of the antennas; the potential for a monopole installation on this site; and concerns regarding proximity to the San Tomas Expressway. · The property owner is not supportive of a monopole installation on the site and has written to the Commission to state this position. · Within the revised proposal being reviewed this evening, the applicant has relocated the equipment building or unit to the rear of the property next to the trash enclosure. · The site has significant visibility from San Tomas Expressway as it is 10-15 feet below the grade of the expressway. · County will grant permission to plant trees and install irrigation adjacent to the expressway in the County's right-of-way. · Staff is recommending the use of 15 gallon and 24-inch box trees. · Staff recommends approval of this project. · SARC met this evening to review this project. Commissioner Gibbons asked about the requirement to place trees offthe property. Ms. Gloria Sciara responded that the trees would be planted on the side of the off-ramp with the permission of the County and requires an encroachment permit. Plannin~ Commission Minutes of October 8, 1996 Pase 3 Commissioner Gibbons stated that with past submittals, other providers end up wanting to place antennas on sites already equipped with antennas such as 700 W. Hamilton Avenue. Therefore, there will probably be more applications for antennas on this site. Stated that she is not supportive of roof-mounted equipment. Asked the size of the base of a monopole fixture. Nothing presented clarifies the parking and circulation on site. Approval is not justified. Ms. Gloria Sciara stated that the parking provided exceeds that required. However, the owner does not want to give up any parking as the use of the site is an office. Commission Gibbons stated that it has not been proven that parking spaces would be lost with the installation of monopole equipment. Chairman Lindstrom asked for the Site and Architectural Review Committee report. Commissioner Kearns presented the Site and Architectural Review Committee report as follows: · SARC is supportive of this application with the required additional landscaping and is pleased with the site revisions. Commissioner Alne asked how many parking spaces were required on site and how many provided. Ms. Gloria Sciara replied that 44 are required and 59 provided. Commissioner Alne stated that the required parking ratio would be met even if monopoles are installed. However, the landowner wants roof-mounted antennas. Ms. Gloria Sciara reminded that the Commission asked the applicant to review the possibility of monopole installation but the property owner has stated he does not support such installation. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 1. Ms. Patty Mejia, Sprint Spectrum Representative: · Does not have anything to add to discussion but is available to address any questions. Chairman Lindstrom restated that both the applicant and the property owner are seeking approval of roof-mounted antennas. Commissioner Gibbons again asked for the size of the monopole at the base or ground level. Ms. Patty Mejia responded that the base is 16 to 18 inches in diameter. Plannin$ Commission Minutes of October 8, 1996 Pase 4 Commissioner Lowe asked if the applicant was okay with conditions. Ms. Patty Mejia answered that they were willing to accept this condition. Mr. Don Pierce of Sprint Spectrum stated that planting of trees could interfere with antenna signal. Commissioner Lowe asked if the applicant would be willing to trim the trees as needed over the years. Suggested this requirement be added as a Condition of Approval. Commissioner Alne questioned the trimming of trees planted to serve as a screening devise to hide the antennas. Commissioner Jones, in reviewing the master plan map provided by Sprint Spectrum of all proposed antenna sites, asked what was the significance of stars on the map. Ms. Patty Mejia and Mr. Don Pierce replied that the stars with circles around them represent proposed sites while the stars not circled represent sites that were considered but not pursued. Chairman Lindstrom closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Meyer- Kennedy, the Planning Commission moved to approve UP 96-10 to allow the roof-mounted antennas and ground-mounted equipment unit with the added condition that the trees be trimmed as necessary at the expense of Sprint Spectrum: Commissioner Jones asked about the possibility of inserting a Condition of Approval that would limit the approval to a five-year period, requiring review by the Commission to either renew or revoke the approval after five years. Mr. Steve Piasecki, Community Development Director, added that the Commission can add a condition that the equipment be removed when the operator leaves the site or approve the installation for a limited time (five years) and review whether the equipment meets current technology. If it does, an extension can be approved. If it does not, the approval can be revoked. City Attorney William Seligmann advised that the City cannot require the applicant to remove the equipment should they leave the site. The approval is site specific and runs with the location not the provider. Plannint~ Commission Minutes of October 8, 1996 Pal~e 5 Chairman Lindstrom clarified that Commissioner Jones wants to see a review of the approval after five years. Commissioner Jones answered that that was correct. If less noticeable technology is available than it may be desirable to have that technology replace this technology. More providers are going to be installing antennas in the City. It is prudent to place a time limit on the approvals. Mr. Steve Piasecki, Community Development Director, suggested the following language for a Condition of Approval to meet Commissioner Jones' objective: Application shall be reviewed in five years to determine if equipment is available that is less visible than this equipment, the Commission would expect the applicant to present evidence that the equipment on site is the best available. City Attorney Seligmann advised that the term "best available" is too broad. Commissioner Alne stated that to review cellular antennas as visual pollution is like calling lawn mowers equal polluters to automobiles. "Antennas as visual blight are the lawn mowers of the smog age." Chairman Lindstrom reminded the Commission that there is a motion with an amendment before them for a vote. Commissioner Gibbons suggested the following language: The owner or owner's representative will revisit the Use Permit application every five years to determine that the equipment is consistent with current technology of new installations at that time and is visually less obtrusive as compared with what is in place at this time. Chairman Lindstrom reopened Public Hearing No. 1 and asked Ms. Patty Mejia if Sprint finds this condition acceptable. Ms. Patty Mejia replied that the condition to review the site application every five years is acceptable. Commissioner Alne stated that there is no way this condition can be enforced. Commissioner Jones asked if new developments are required to underground their utilities. Mr. Steve Piasecki said that was true. Commissioner Jones added that it is a way to eliminate visual pollution by requiring utilities to be placed below ground. Planning; Commission Minutes of October 8, 1996 Pase 6 Chairman Lindstrom advised that he is not in favor of the amendment Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Lowe, the Planning Commission amended the motion to approve the installation of roof-mounted cellular antennas and ground-mounted equipment on property located at 125 E. Sunnyoaks Avenue with the added Conditions of Approval that the newly planted trees be trimmed at Sprint's expense as needed and that this Use Permit be reviewed every five years for renewal, by the following roll call vote: AYES: Gibbons, Jones, Keanrs, Lowe NOES: Alne, Lindstrom, Meyer-Kennedy ABSENT: None ABSTAIN: None Commissioner Gibbons asked if it could be required that the antennas be taken down if they are no longer in use. City Attorney William Seligmann replied that that could be done. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3049 approving the installation of roof-mounted cellular antennas and ground-mounted equipment on property located at 125 E. Sunnyoaks Avenue with the amended Conditions of Approval, by the following roll call vote: AYES: Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy NOES: Alne, Gibbons ABSENT: None ABSTAIN: None Commissioner Meyer-Kennedy stated that the requirement for review is unnecessary as Sprint will automatically update and upgrade their equipment to remain competitive. This approval is final, unless appealed in writing to the City Clerk within 10 days. Chairman Lindstrom read Agenda Item No. 2 into the record. Plannin$ Commission Minutes of October 8, 1996 Page 7 2. S 96-11 Antes, S. Public Hearing to consider the application of Mr. Scott Antes for approval of a Site and Architectural Permit to allow a new single-family residence on property located at 1105 ltarriet Avenue in an R-l-9 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed within 10 days to the City Clerk. Ms. Gloria Sciara, Planner I, presented the staff report as follows: Applicant is seeking approval to building a 2,500 square foot residence on property located at 1105 Harriet Avenue. The living area will face the street and a utility room will lead to the garage in the rear. · Structure includes one and two-story elements, gable roof elements. · Project is in keeping with the San Tomas Area Neighborhood Plan and the General Plan. · Staffis supportive. · Ten trees will be planed, one for every 2,000 square feet. Chairman Lindstrom asked for the SARC report. Commissioner Kearns presented the Site and Architectural Review Committee report as follows: · SARC recommends approval with the addition of cantilevered window elements as recommended by the Architectural Advisor. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 2. There were no parties present wishing to address Agenda Item No. 2. Chairman Lindstrom closed Public Hearing No. 2. Commissioner Gibbons asked for clarification about zoning. Can a restriction be recorded on the deed that would prevent this property from becoming a two-unit facility. City Attorney William Seligmann said that such a deed restriction could be recorded although he is not clear to what purpose. Commissioner Gibbons stated that the potential exists for this structure to be turned into two units. She would like clear language that the property is approved solely for one single-family structure. Commissioner Alne stated that this restriction is already covered by the zoning designation. City Attorney William Seligmann agreed with Commissioner Alne. Plannin~ Commission Minutes of October 8, 1996 Pase 8 Chairman Lindstrom asked what Commissioner Gibbons was hoping to achieve with this deed restriction. Commissioner Gibbons replied that she was seeking to prevent a secondary living unit being developed from this structure. Commissioner Lowe sought clarification that a motorhome would be stored in the garage. Mr. Steve as this lot controlled Piasecki advised that the applicant has the option to apply for a secondary living unit is large enough to accommodate such a unit. Any illegal conversion can be legally through the building permit process. Chairman Lindstrom reopened Public Hearing No. 2. Mr. Scott Antes, Applicant/Property Owner, 1105 Harriet Avenue: · Stated that he has nothing to add but is available for questions. · Added that the second story high windows in the garage are to provide natural light for his shop which is part of the garage. · Added that his trailer/motor home will be stored in his new garage. Ms. Gloria Sciara reminded the Commission that revised findings have been distributed for this project with minor changes. Chairman Lindstrom closed the Public Hearing for Item No.2. Motion: Upon motion by Commissioner Kearns, seconded by Commissioner Alne, the Commission adopted Resolution No. 3050 approving S 96-11 to allow a new single-family residence on property located at 1105 Harriet 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. Chairman Lindstrom read Agenda Item No. 3 into the record. Plannin~ Commission Minutes of October 8, 1996 Pa~e 9 3. R 96-02 (S 95-09) Johnson, B. Public Hearing to consider the application of Mr. Bruce Bowen, on behalf of Swart Development, for Reinstatement of a previously-approved Site and Architectural Permit to allow a new single-family residence on property located at 1600 Van Ousen Lane in an R-l-9 (Single-Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed within 10 days to the City Clerk. Ms. Gloria Sciara, Planner I, presented the staff.report as follows: · Applicant is seeking the reinstatement of a project approved on November 7, 1995, which expires on November 11, 1996. · There are no proposed changes to the project and the original Conditions of Approval will be imposed. · Project complies with STANP. · Project consists of a one-story residence with a three-car garage. · Staff.is supportive and recommends approval. Chairman Lindstrom asked for the SARC report. Commissioner Kearns presented follows: · SARC recommends approval. the Site and Architectural Review Committee report as Chairman Lindstrom opened Public Hearing No. 3. There were no parties present wishing to address Agenda Item No. 3. Chairman Lindstrom closed Public Hearing No. 3. Motion: Upon motion by Commissioner Lowe, seconded by Commissioner Meyer- Kennedy, the Planning Commission adopted Resolution No. 3051 approving the Reinstatement of the Site and Architectural Approval (S 95- 09) allowing a new single family residence on property located at 1600 Van Dusen Lane, 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. Planning Commission Minutes of October 8, 1996 Pa~e 10 MISCELLANEOUS Chairman Lindstrom read Agenda Item No. 4 into the record. 4. Study Session Continued discussion of criteria for wireless antenna Staff installations. (Continued from the September 10, 1996, meeting. Mr. Darryl Jones, Senior Planner, presented the staff report as follows: · This item was continued for 30 days from the September l0th Planning Commission meeting to allow providers an opportunity to respond to Commissioner Alne's proposal for streetlight antennas, however, no written responses were received. · Local jurisdiction authority is limited through the Courts. · Staff recommends that the Commission either direct staff.to develop siting criteria or state a preference to continue evaluating antenna requests on a case-by-case basis. · There are three areas requiring further direction: 1. Objective criteria for visibility 2. Equity in reviewing applications; and 3. Public policy matching the best technology with the minimum impacts. Commissioner Jones recommends that approvals have time limitations to allow for review as technology advances. Mr. Darryl Jones agreed that that can be added to the review criteria. Commissioner Gibbons: · Suggested a requirement that equipment be removed once it is no longer in use. · Asked whether it was reasonable to say that the City prefers (in order of preference): 1. Antennas on existing poles 2. On freestanding poles 3. On roof · Require a minimum landscape ratio of 8% be on site for any antenna installations. · Require better site plans be submitted with applications. City Attorney William Seligmann suggested that a list of preferences is preferable to a written policy or ordinance. Commissioner Jones suggested that antennas be placed on streetlights if feasible. Asked if the City could compete for revenue by charging rent for use of the streetlights. Mr. Darryl Jones answered that it was possible as other cities have charged a fee. Planning Commission Minutes of October 8, 1996 Page 11 City Attorney William Seligmann advised that it would depend on the facility and whether it is regulated by the PUC or not. Commissioner Jones suggested turning this use into a revenue option. Commissioner Kearns added that she prefers to look at these applications on a case-by-case basis. It is tough to have hard and fast rules. Commissioner Alne added that more specifics are needed. Why all the concern over cellular antennas. Why not ham operators. All visual "pollution" needs to be treated alike. Agrees that it is a good move to underground new utilities. The Commission is looking at a minute portion of a large visual blight problem in the City. Chairman Lindstrom opined that there is no consensus and mentioned that staff is asking for direction. Mr. Darryl Jones agreed that staff is looking for direction. Chairman Lindstrom continued that there is no direction to give. Commissioner Alne asked staff to control visual pollution in the City and get a handle on what can be done to eliminate visual blight. Commissioner Gibbons advised that the Planning Commission has the obligation to comment when asked to do so such as when reviewing antenna requests. The City cannot replace everything. Steps must be taken to address issues. Antennas tend to be clustered. City has obligation to recognize and be responsive. Commissioner Alne stated that this is selective enforcement. The City appears to ignore some installations and constrain others. Has no objection to rules as long as they are fairly enforced. Can't pick and choose. Commissioner Gibbons stated that it is not the responsibility of the Planning Commission to police things already in place but to review things brought to it. Mr. Steve Piasecki, Community Development Director, stated that it appears no consensus will be reached. Suggested that staff prepare reasonable guidelines which the Commission can review and discuss whether to act upon or not. Plannin~ Commission Minutes of October 8, 1996 Pa~e 12 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following additions: City Council met on October 7th and found the costs for abating 99 Alice Avenue to be reasonable. If not paid within 10 days, a lien will be place on the property. Chairman Lindstrom asked how long the problem has been in place. Mr. Steve Piasecki replied 10 years. The City can file for a forced court sale to recover the cost of abatement but it is a long process, taking more than three years. This is the first step. Advised that this is the City's only historic street. Cost of abatement was $10,000. Commissioner Gibbons stated that lots of work was done to the site. Mr. Steve Piasecki continued his update: · Informed the Commission that the 100 Harrison project had its first reading. Council will hold a Study Session in two weeks. Council could decide to deny second reading if the results of the Study Session recommend that action. · The Fire Code Amendment was approved. · The process for establishment of a Tree Ordinance was established. A Tree Committee will be formed and include representatives from the Planning Commission, Parks & Recreation Commission, Civic Improvement Commission and the Historic Preservation Board. · The new City Manager has been hired, Mr. Bernie Strojny, who will begin work on November 11th. Mr. Strojny has been serving as Palo Alto's Assistant City Manager. Commissioner Kearns asked what the Council's hesitation was regarding 100 Harrison. Mr. Steve Piasecki responded that this is a precedent setting project for the NOCA area. Commissioner Gibbons added that it precludes the extension of Salmar. ADJOURNMENT The Planning Commission meeting adjourned at 8:45 p.m. to the next Planning Commission meeting of October 22, 1996, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. Planning Commission Minutes of October 8, 1996 Pa~e 12 SUBMITTED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: ATTEST: Mel Linds~-~, Chafir Steve Piasecki, Secretary