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PC Min 11/14/1995CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY NOVEMBER 14, 1995 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of November 14, 1995, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairwoman Meyer-Kennedy, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chairwoman: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Jane Meyer-Kennedy Mel Lindstrom I. Alne Brad Jones Susan A. Kearns Dennis Lowe Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner I: Planner I: Housing Coordinator: Acting City Attorney: Reporting Secretary: Steve Piasecki Darryl M. Jones Tim J. Haley Gloria Sciara Aki Honda Sharon Teeter Joe Rainieri Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Kearns, seconded by Commissioner Lowe, the Planning Commission minutes of October 10, 1995, were approved. (6-0) Planning Commission Minutes of November 14, 1995 Page 2 COMMUNICATIONS 1. Letter from attorney Jesse Jack, on behalf of Mr. and Mrs. Blair, owners of 1250 Hoffman Avenue, with comments regarding Agenda Item No. 4 (1300 White Oaks Road -- Pacific Bell antennas). 2. Letter from Helen Blair expressing concerns regarding Agenda Item No. 4. AGENDA MODIFICATIONS OR POSTPONEMENTS Community Development Director Steve Piasecki advised the Commission that the applicant for Agenda Item No. 2 has requested that the item be withdrawn. Motion: On motion of Commissioner Lindstrom seconded by Commissioner Alne, Agenda Item No. 2 (SA 95-34 -- 980 Camden Avenue -- A & E Performance) was removed from calendar. (6-0) ORAL REQUESTS: There were no oral requests. PUBLIC HEARING Chairwoman Meyer-Kennedy read Agenda Item No. 1 into the record. 1. UP 95-23 Public Hearing to consider the application of First Methodist Church of Campbell for approval of a Conditional Use Permit to allow the use of the church located at 1675 S. Winchester Boulevard in a PF (Public Facilities) Zoning District for a rotating homeless shelter accommodating a maximum of fifteen persons for one month each year. Ms. Sharon Teeter, Housing and Community Development Coordinator, presented the staff report as follows: First United Methodist Church of Campbell is seeking a Conditional Use Permit to allow its participation in a rotating homeless shelter program. · Currently 11 other churches are participating, First United Methodist Church would be the 12th, from cities including Palo Alto, Los Altos, Mountain View, Sunnyvale, Cupertino, San Jose and Saratoga. · This rotating homeless shelter is sponsored jointly by InnVision and the Santa Clara Council of Churches. · Within the program, 15 homeless men are provided food and shelter for one month per year at each participating host church. An on-site manager and supervisor stay with the men throughout the night. · If approved, beginning in 1996, 15 carefully screened homeless men would be housed at First United Methodist Church from 7 p.m. through 7 a.m. This would not be treated as a drop-in site. The homeless men served by the program would be on-site only between the hours of 7 p.m. and 7 a.m. · Participants are screened carefully. No persons with drug, alcohol or Planning Commission Minutes of November 14, 1995 Page 3 emotional problems are selected for this particular program. In fact, the men served include many educated persons who for the time being find themselves homeless. The men would sleep in the Sanctuary Building and be fed in the Fireside Room. To date the program is highly successful due to the screening of the participants. The participants average three months in the program. Have spoken with Police Captains in Campbell and other participating cities. There are no problems. Campbell Police is supportive. They would only be concerned if participants had drug or alcohol problems. The other participating churches report no problems in the last five years. Proposed use is consistent with the General Plan and Zoning designations for the site as well as with the City's Housing Element. This proposal was not reviewed by the Site and Architectural Review Committee as there are no design or parking issues. Representatives from the rotating shelter program and from First United Methodist Church of Campbell are available in the audience to answer any questions. Commissioner Lowe asked whether this approval would need to be renewed each year. Ms. Sharon Teeter responded that the Conditional Use Permit would allow First United Methodist Church to participate in the rotating shelter program on an on- going basis unless problems occur from the use which might cause the City to re- evaluate the Use Permit approval. Commissioner Alne inquired what the line was where screening stopped and discrimination began. Could this screening process be challenged. Ms. Sharon Teeter responded that she would direct this question to the sponsoring organizations and their representatives. Commissioner Lowe asked if the Commission could insert a rider in the approval that would allow the City to revoke the Use Permit. Asked in what circumstances this could occur. Community Development Director Steve Piasecki advised the Commission that a revocation process exists in the Ordinance. If Conditions of Approval are not met (for example if the number of persons served exceeds the approved number or if there is an impact on the surrounding neighborhood) then the Commission can revoke the Use Permit. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 1. Planning Commission Minutes of November 14, 1995 Page 4 Ms. Gertrude Welsh, Member of the First United Methodist Church of Campbell and the Council of Churches, addressed the Commission as follows: · This rotating shelter program's screening process has never been challenged or accused of discrimination. Commissioner Lowe asked where the shelter clients come from. Ms. Gertrude Welsh responded that they are from the local area, including San Jose, Campbell and Los Gatos. Most reside in the San Jose Area. Of the participating churches in this specific branch of the program, 10 are located in San Jose, one in Saratoga and one in Campbell (if approved this evening). MOTION: On motion of Commissioner Alne, seconded by Commissioner Lindstrom, the Planning Commission moved to close the Public Hearing (6-0). Commissioner Lowe advised that he would like to see a rider added to allow reconsideration if problems arise from this homeless shelter program. Community Development Director Steve Piasecki offered the following wording as Condition of Approval No. 3: o Use Permit Review: Applicants for shelter shall be carefully screened to eliminate individuals with health or social service problems or needs that exceed the shelter and food services provided on this site. This Use Permit may be reviewed, revoked or conditions added if any police or neighborhood disturbances result. MOTION: On motion of Commissioner Alne seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3006, approving a Conditional Use Permit to allow a rotating homeless shelter accommodating a maximum of fifteen persons for one month each year on property located at 1675 S. Winchester Boulevard, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None None None This approval is effective in 10 days unless appealed in writing to the City Clerk. Planning Commission Minutes of November 14, 1995 Page 5 Chairwoman Meyer-Kennedy read Agenda Item No. 3 into the record (Agenda Item No. 2 was removed from calendar). 3. R 95-01 Public Hearing to consider the application of Mr. Mark Roberts, on behalf of R & Z Development, for approval of a Reinstatement (R 95-01) of a Planned Development Permit (PD 94-01) to allow the construction of eleven townhomes on property at 234 Redding Road in a PD (Planned Development) Zoning District. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · The applicant is seeking the reinstatement of a previously-approved Planned Development Permit to allow the construction of 11 townhomes. · Original approval was made by Council in 1994 and recently expired. · Plans for the project are the same as previously approved with the exception that the applicant has removed the proposed four-bedroom model from the project and replaced those with three-bedroom units. This will enlarge the rear yard areas of those units. · Staff has reviewed this project with other City Departments. Central Fire has asked that fire access roads and hydrants be in place at the beginning of construction. · Staff recommends that the Commission adopt a Resolution (with the amended Condition of Approval requiring fire access) supporting this Reinstatement. Commissioner Lowe asked whether the number of units remains the same. Mr. Tim Haley replied that there were still eleven units. Commissioner Alne asked whether this request was initiated by the applicant or the City. Mr. Tim Haley answered that this application was initiated by the applicant. applicant originally initiated a Zone Change from RMS to PD to allow a townhome project instead of apartments. The Commissioner Lindstrom presented the Site and Architectural Review Committee report as follows: · SARC had no concerns and recommended approval of the Reinstatement of this project. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 3. Planning Commission Minutes of November 14, 1995 Page 6 Mr. Mark Roberts, applicant, 1601 S. Saratoga-Sunnyvale Road, Cupertino, addressed the Commission as follows: · Questioned why a Planned Development Permit expires in one year while a Tentative Subdivision Map expires in two years. · It had been his intention to begin this project six to nine months ago. However, the approval expired due in part to delays he experienced through the City's Public Works Department. It has taken one year to achieve plan approvals. Partly due to personnel changes in Public Works. His experience with Planning staff has been successful. He stated that he never believed that he would be in a position to require an extension. Expressed concerns regarding the recent addition of a Central Fire requirement for a fire access road and fire hydrant. This poses a problem for this project which is a tight project. · Stated that the road would get torn up during construction and need to be done again. · Additionally, there is a fire hydrant already in place directly across the street from the project site. · Asked the Commission whether it was possible to get relief from this condition. Could it be re-considered. · Stated that he was in agreement with the rest of the Conditions of Approval and would appreciate the Commission reinstating his project approval. Commissioner Alne asked Mr. Roberts about his difficulties with the Public Works Department. Mr. Mark Roberts responded that there has been a transition in personnel. There have been problems in getting certain portions of the plan approved by Public Works. Commissioner Alne asked whether he (Mr. Roberts) or they (the Public Works Department) were difficult. He also asked what costs the delay was bringing to Mr. Roberts. Mr. Roberts responded that he had to pay fees for the consideration of his Reinstatement application where he otherwise would not have. Commissioner Alne asked Mr. Roberts whether he felt he was not able to proceed directly due to Public Works Department delays. Mr. Mark Roberts replied yes. Commissioner Alne asked about the new Central Fire requirement. Mr. Mark Roberts advised that the requirement for completed road and fire Planning Commission Minutes of November 14, 1995 Page 7 hydrant were not a part of the original Conditions of Approval for this project but had just recently been added by Central Fire. Commissioner Alne asked Mr. Roberts whether a semi-finished street would be sufficient. Mr. Mark Roberts answered that he had intended to prepare a rough, graded road through the whole project. Expressed frustration that he has been unable to get Central Fire to commit their requirement to him in writing. Commissioner Alne asked Mr. Roberts if he wished to pursue the fees paid (filing fee for the Reinstatement application) as a result of inadequate action by the Public Works Department. Mr. Mark Roberts responded no. He just seeks Reinstatement of the original Planned Development Permit. Community Development Director Steve Piasecki advised that there were options. One, if the applicant can wait, the Planning Commission can continue the item and have a representative from Central Fire attend the next Planning Commission meeting and clarify their concerns. Two, is not to take action on the requirement for fire access/hydrant installation prior to construction and allow Central Fire to address this Condition of Approval before City Council. Staff will relay Mr. Roberts' concerns about his experience with the Public Works Department to the Public Works Director and to the City Engineer. Commissioner Lindstrom asked whether this item would be forwarded to Council. Community Development Director Steve Piasecki replied that it would. Chairwoman Meyer-Kennedy advised that the Commission would be forwarding a recommendation to Council. Commissioner Lindstrom asked whether the requirement for fire access roads is being added for all developments. Community Development Director Steve Piasecki responded that an all weather roadway that can accommodate a 35,000 pound emergency vehicle is required on all development sites at this time. Commissioner Lindstrom asked if cost was the chief concern. Mr. Mark Roberts responded that both cost and time were concerns. This Planning Commission Minutes of November 14, 1995 Page 8 requirement basically shuts down a project until the roadway and hydrant are in place. He stated that he was attempting to mitigate some of the down time they have already experienced with this project. He is willing to work with Central Fire to come up with an alternative. Commissioner Lindstrom asked why a new condition was added. Mr. Tim Haley replied that recent projects such as Canyon Creek Apartments and Peachtree Estates have had this requirement. Central Fire reviewed the project again using its current standards. The requirement is not for a finished road but rather for a passable road that will handle an emergency vehicle weighing 35,000 pounds. Community Development Director Steve Piasecki advised that the applicant could hold off on the last layer of paving and put this on after construction is complete. Chairwoman Meyer-Kennedy asked whether construction vehicles would weigh as much as a fire truck. Community Development Director Steve Piasecki advised that Central Fire is concerned with being able to access a site quickly in event of a fire or injury to someone on site. Community Development Director Steve Piasecki again advised that this item could be continued or go before Council with Central Fire being invited to explain the reasoning behind their requirement. Commissioner Lowe asked whether the Escobar building had the same requirement in place. Community Development Director Steve Piasecki answered that it had not been in place since there was access from the street all around the site. Commissioner Jones advised that even if the Commission leaves Condition of Approval No. 3 in place, the Council could always remove it upon further information from Central Fire. Commissioner Lowe asked Mr. Roberts for clarification. When he said the project was tight, did he mean time or capital. Mr. Mark Roberts responded that he was describing site conditions. Planning Commission Minutes of November 14, 1995 Page 9 MOTION: On motion of Commissioner Lowe, seconded by Commissioner Alne, the Planning Commission moved to close the Public Hearing (6-0). Commissioner Alne expressed his concern that the developer be asked to install a finished street only to have to later dig it up in order to install utilities and therefore be forced to build the street a second time. Suggested that Condition No. 3 state that a serviceable route be maintained to allow emergency access. Chairwoman Meyer-Kennedy asked whether the Commission could override a condition imposed by Central Fire. Community Development Director Steve Piasecki responded that they would not be overriding the condition but making a recommendation to the City Council. Council would make the final decision. MOTION: On motion of Commissioner Alne, seconded by Commissioner Lindstrom, the Planning Commission adopted Resolution No. 3007, approving a Reinstatement (R 95-01) of a Planned Development Permit (PD 94-01) to allow the construction of eleven townhomes on property located at 234 Redding Road in a PD (Planned Development) Zoning District with an amendment to Condition of Approval No. 3 that requires serviceable access for emergency vehicles be provided during construction, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None None None Commissioner Lindstrom asked why Central Fire had not inserted this requirement in the original approval. Community Development Director Steve Piasecki reiterated that Central Fire is concerned with the ability of bringing 150 foot fire hoses onto a site quickly and safely. They need to be able to access the entire site. This item will be forwarded to the City Council meeting of December 5, 1995. Chairwoman Meyer-Kennedy read Agenda Item No. 4 into the record. Planning Commission Minutes of November 14, 1995 Page 10 4. UP 95-20 Public Hearing to consider the application of Pacific Bell Mobile Services for approval of a Conditional Use Permit to allow the installation of cellular antennas on property located at 1300 White Oaks Road in a M-1-S (Light Industrial) Zoning District. Ms. Aki Honda, Planner I, presented the staff report as follows: · Applicant is seeking the installation of six antennas and two transceiving boxes. · This represents the second such request for the City recently. However, it is the first request for installation at this location. · Site is 1.87 acres and includes a 40,000 square foot building. Proposed use would be an ancillary use and will not change the character or use of the site. · Proposal is consistent with the Zoning Ordinance. · Project is Categorically Exempt. · Facility will be unmanned with just telephone and electrical connections. · Pacific Bell Mobile Services would service their equipment one or two times each month. · Minor traffic may occur during installation which would last approximately three weeks. · Design of proposed equipment includes six five-foot high antennas and two six-foot high utility cabinets. · There is no parking demand. · The Site and Architectural Review Committee has no concerns. · Staff recommends approval. Commissioner Lowe asked whether anything was visible above the building. Ms. Aki Honda replied that the antennas would be visible by five feet. The cabinets would be centered on the roof and would not be visible. Commissioner Lindstrom presented the Site and Architectural Review Committee report as follows: · SARC agrees with Ms. Honda's report and recommends approval. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 3. Ms. Renee Maas, 1270 Hoffman Lane, address the Commission as follows: · Expressed concerns regarding potential noise through the operation of the antennas. · Experienced noise problems with former tenants of the building (San Jose Mercury News) and do not want to see a reoccurrence of this noise problem. · Do not want to see any interference with home electronic equipment, computer or phone performance. Planning Commission Minutes of November 14, 1995 Page 11 Asked whether any maintenance would be conducted in the evenings, between the hours of 9 p.m. and 7 a.m. Also expressed concerns with current property maintenance issues and lack of compliance with landscape requirements along Hoffman Lane. While this may have no bearing on the antennas, it does concern the property. Chairwomen Meyer-Kennedy advised that this issue should be handled separately with staff. Ms. Suzanne Hook, Applicant's Representative, 844 Dubuque, South San Francisco, CA 94080, addressed the Commission as follows: Stated that she felt the concerns raised by Ms. Maas were valid ones. · The BTS unit has very low noise generation as it is a battery-operated unit and there is no generator attached which might cause noise. In fact, there is no noise heard at ground level. · The unit will not cause television or phone interference as they operate on a different frequency. · As far as after hours maintenance, this would only occur in an emergency such as if the station had gone down or if there were to be a natural disaster such as an earthquake. Commissioner Kearns sought clarification that there would be no computer or home electronic interference. Ms. Suzanne Hook reiterated that since a different frequency is used, no interference would occur. Commissioner Kearns asked if the unit hummed. Ms. Suzanne Hook advised that the unit made no more noise than a low-voiced conversation. Commissioner Alne asked whether there was adequate coverage for this area. He also asked what range the units reached Ms. Suzanne Hook answered that the client determines the area of service and her company finds appropriate sites for installation of equipment. The equipment has a range from 2 to 5 miles. Commissioner Jones stated that maintenance should be limited to business hours. Ms. Suzanne Hook advised that that would always be the case except in time of emergency. Planning Commission Minutes of November 14, 1995 Page 12 Commissioner Lowe suggested adding this requirement to the Conditions of Approval. Community Development Director Steve Piasecki added that a Condition could be added that assures low noise levels or mitigation in the event that there is noise associated with the equipment. Mr. Jeff Quintarelli, 1285 Hoffman Lane, addressed the Commission as follows: · Disagrees with the opinion that the six antennas would be seen minimally by surrounding homeowners. · Feels that electromagnetic interference is possible. It does not have to be on the same frequency in order to cause interference. Asked what studies have been done to support the environmental impacts of this equipment. Commissioner Alne advised that the applicant most likely had information to set Mr. Quintarelli's mind at ease regarding the safety of this equipment. Ms. Suzanne Hook informed the Commission and the audience that safety concerns have been studied. The BTS units they propose produce less than one microwatt per centimeter squared. Both the American National Standard Institute and the NCRP have studied and reported that an acceptable standard is 1233 microwatts per centimeter squared. The BTS unit has less than one microwatt per centimeter squared which is 1/1200th of the acceptable standard. Commissioner Lowe asked how that compared with the use of a microwave oven. Ms. Suzanne Hook advised that a microwave has 20 microwatts per centimeter squared or 20 times what their BTS unit emits. Commissioner Alne asked how many watts. Ms. Suzanne Hook responded 200 watts. Commissioner Alne compared this to a standard radio station that would emit 10,000 to 50,000 watts. The FCC controls air frequencies. He stated that there are no health concerns or interference with other uses due to this proposed installation of antennas. Ms. Ronda Kommets: · Asked if there were any locations where someone could visit to see just how this setup will appear. · Also asked what happened with the other application mentioned by staff. · Read from the Notice of Hearing the statement that appeals are limited to Planning Commission Minutes of November 14, 1995 Page 13 those issues raised at the Planning Commission hearing. Chairwoman Meyer-Kennedy advised that the other application was approved. Ms. Suzanne Hook advised that one installation was under development in Gilroy but that she did not have a site that could be visited at this time. Commissioner Alne asked what the size of the units was. Ms. Suzanne Hook responded that they are 58 inches tall and 8 inches wide. Commissioner Lowe asked if the antennas were flush with the corners of the building. Ms. Suzanne Hook responded that each site is different. It depends upon what is already on the roof. If the units are centered they must be raised in height. They look for commercial sites when selecting new locations but occasionally these sites are still adjacent to residential areas. Commissioner Lowe asked how close the residential properties were. Community Development Director Steve Piasecki responded 50 to 60 feet. Ms. Diane Quintarelli, 1285 Hoffman Lane, addressed the Commission as follows: · Advised that her home is the closest to the site and it is six feet away from the site. · Questions how the equipment can be minimally visible. · Not crazy about having this equipment installed near her home. Commissioner Lowe advised that the building was 38 feet high. Commissioner Alne opined that a microwave was more damaging to her family than this equipment would be. Ms. Diane Quintarelli asked whether Commissioner Alne would want these antenna next to his home. Commissioner Alne replied that he would be delighted. MOTION: On motion of Commissioner Lindstrom, seconded by Commissioner Kearns, the Planning Commission moved to close the Public Hearing (6-0). Commissioner Lowe recommended adding a Condition of Approval that requires Planning Commission Minutes of November 14, 1995 Page 14 normal maintenance be conducted between the hours of 7 a.m. and 9 p.m. unless in emergency situations. Commissioner Kearns suggested a Condition of Approval regarding noise levels. Community Development Director Steve Piasecki recommended the following Condition of Approval No. 6 to cover any noise issues: Noise Evaluation: Applicant shall test its equipment and demonstrate that any noise from the equipment shall not exceed ambient levels. If sound is audible, applicant shall provide acoustical screening to mitigate noise prior to operation. Commissioner Alne stated that this use is a legal commercial function and that no requirement to guarantee a noiseless venture is reasonable. Commissioner Lindstrom rescinded his motion to close the hearing to allow for further discussion on this item. Commissioner Lowe stated that this use does not simply represent a commercial function but is occurring immediately adjacent to residential property. It is a valid point that this use be conducted as quietly as possible. Commissioner Lowe added that this use will be operating 24-hours a day. Community Development Director Steve Piasecki advised of options: 1. No condition dealing with noise. 2. Condition that noise not be higher than ambient noise levels and not be audible. Chairwoman Meyer-Kennedy stated her support for restricted repair hours, unless in emergency, as well as the standard that noise not be higher than ambient noise levels. Commissioner Lowe stated his belief that it was reasonable not to exceed or increase ambient noise. Commissioner Lindstrom said that the City already has an Ordinance supporting this position. Community Development Director Steve Piasecki stated that the City actually does not have a Noise Ordinance except in Industrial Zoning Districts. Commissioner Lowe stated that this proposed operation exceeds a standard business operation in that it is operating 24-hours a day, 365 days a year. Planning Commission Minutes of November 14, 1995 Page 15 Commissioner Alne said that with electronic switching, battery operated and no generator included, this project will not be a problem to the surrounding area. Commissioner Lowe stated that as citizen representatives, the Commission owes more to residents to guarantee this use will not be detrimental. It is unacceptable to have to live with constant noise. Commissioner Jones stated that he agreed with Commissioner Lowe. Suggested adding a Condition of Approval to deal with potential noise since this is new technology. Chairwoman Meyer-Kennedy advised that it appears to be a consensus among the Commissioners to address potential noise impacts through a Condition of Approval requiring the applicant to mitigate any noise impacts above ambient levels. Chairwoman Meyer-Kennedy reopened the public hearing to allow the applicant the opportunity to address the proposed Conditions of Approval. Ms. Suzanne Hook, Applicant's Representative, stated that her client will comply with all City standards and will agree to a noise condition. If any noise exists at all, it would simply be a low hum which would not be heard at the surrounding residential properties. Commissioner Alne asked whether there would be any air conditioning to cool the equipment. Ms. Suzanne Hook responded that there are fans installed to cool with no generator. Commissioner Alne asked if the exhaust would be directed upwards or sideways. Ms. Suzanne Hook responded sideways. MOTION: On motion of Commissioner Lindstrom, seconded by Commissioner Kearns, the Planning Commission moved to close the Public Hearing (6-0). Commissioner Lowe stated that since the applicant had no objection to a Condition regarding noise, that Condition should be added regarding noise. Community Development Director Steve Piasecki again recommended the following Condition of Approval No. 6 to cover any noise issues: Planning Commission Minutes of November 14, 1995 Page 16 Noise Evaluation: Applicant shall test its equipment and demonstrate that any noise from the equipment shall not exceed ambient levels. If sound is audible, applicant shall provide acoustical screening to mitigate noise prior to operation. MOTION: On motion of Commissioner Kearns, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3008, approving a Conditional Use Permit to allow the installation of cellular antennas on property located at 1300 White Oaks Road with the added Conditions restricting scheduled maintenance to the hours of 7 a.m. through 9 p.m. and with a Condition requiring acoustical screening if the project should generate noise above the ambient level, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None None None This approval is effective in 10 days unless appealed in writing to the City Clerk. Chairwoman Meyer-Kennedy read Agenda Item No. 5 into the record. 5. UP 95-21 Public Hearing to consider the application of Pacific Bell Mobile Services for approval of a Conditional Use Permit to allow the installation of cellular antennas on property located at 557 Salmar Avenue in a PD (Planned Development) Zoning District. Ms. Suzanne Hook, Applicant's Representative. · Advised that her client is seeking a continuance of this item until lease negotiations are finalized. MOTION: On motion of Commissioner Lindstrom, seconded by Commissioner Alne, the Planning Commission moved to continue the Public Hearing to a date uncertain. (6-0) Chairwoman Meyer-Kennedy read Agenda Item No. 6 into the record. Planning Commission Minutes of November 14, 1995 Page 17 6. UP 95-22 Public Hearing to consider the application of Pacific Bell Mobile Services for approval of a Conditional Use Permit to allow the installation of cellular antennas on property located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. Ms. Aki Honda, Planner I, presented the staff report as follows: · Applicant is seeking to install six five-foot antennas and 2 cabinets at 700 W. Hamilton Avenue. · In October, GTE Mobilnet received approval to install a cellular transceiving facility at this site. · The proposal is consistent with the General Plan and Zoning designations for the site. Use is unmanned, 24-hours per day. Use includes telephone and electrical hook-up. Use is compatible with the site. Traffic generation is minor with only occasional maintenance. SARC has reviewed and supports this application but recommends that the antennas be moved further onto the roof. Commissioner Lindstrom presented the Site and Architectural Review Committee report as follows: · As Ms. Honda reported, SARC had asked that the applicants bring the antennas to the center of the roof to lower visibility. It appears that the applicant is not able to do so. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 6. Ms. Suzanne Hook, Applicant's representative. · After the SARC meeting, her client reviewed the possibility of meeting SARC's recommendation. They were not able to completely meet the request but did bring the antennas back 20 feet from the edge of the roof line. Commissioner Alne asked if the antenna height was raised as a result. Ms. Suzanne Hook responded that the antennas had to be increased from 45 feet to 50 feet in height. Commissioner Alne asked if the installation would be similar to the others. Ms. Aki Honda replied yes. Commissioner Lowe asked if the same added Conditions of Approval would be acceptable. Planning Commission Minutes of November 14, 1995 Page 18 Ms. Suzanne Hook responded yes. MOTION: On motion of Commissioner Lindstrom, seconded by Commissioner Kearns, the Planning Commission moved to close the Public Hearing (6-0). MOTION: AYES: NOES: ABSENT: ABSTAIN: On motion of Commissioner Lowe, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3009, approving a Conditional Use Permit to allow the installation of cellular antennas on property located at 700 W. Hamilton Avenue with the added Conditions restricting scheduled maintenance to the hours of 7 a.m. through 9 p.m. and with a Condition requiring acoustical screening if the project should generate noise above the ambient level, by the following roll-call vote: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None None None This approval is effective in 10 days unless appealed in writing to the City Clerk. Chairwoman Meyer-Kennedy read Agenda Item No. 7 into the record. 7. ZC 95-05 Public Hearing to consider the City-initiated application for a Zone Change from PD (Planned Development) to R-l-10 (Single Family Residential -- Minimum Lot Size of 10,000 square feet) on properties located at 1160, 1162 and 1170 Steinway Avenue in a PD (Planned Development) Zoning District. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · This is a City-initiated application for a Zone Change for three properties which were zoned PD (Planned Development) in the early 1980's as part of a proposed Planned Development for six single family homes which were never subsequently built and for which the approval has now expired. · Staff is recommending a change from the current PD Zoning to R-l-10 (Single Family Residential -- 10,000 square foot minimum lot size). · This Zone Change will make these three properties consistent with the zoning of the surrounding area as well as the General Plan Designation of Low-Density Residential. · The proposed Zone Change does not change the current use of the three Planning Commission Minutes o[ November 14, 1995 Page 19 properties which include a flag lot and two lots fronting on Steinway. Staff recommends a Negative Declaration and adoption of a Resolution supporting this recommended Zone Change. The three property owners were contacted and only one objected. Commissioner Alne asked what the differences were between PD and R-1 Zoning. What does one allow that the other does not. Mr. Tim Haley responded that the differences include development standards, flexibility and setbacks. Commissioner Alne asked which property owner objected. Mr. Tim Haley responded that the owner of 1170 Steinway Avenue was the owner that did not want the Zone Change. Commissioner Alne suggested that the City do nothing until an application comes forward. Commissioner Lindstrom asked why make the change. Mr. Tim Haley replied that since the Zone Change to PD the General Plan Designation for the area has changed. Commissioner Lindstrom asked what the Zoning was before the change to PD. Mr. Tim Haley replied R-1-6 (Single Family Residential -- Minimum Lot Size of 6,000 square feet). Commissioner Alne asked why the City felt the need to do anything at this time. Mr. Tim Haley replied to implement the General Plan and to support the San Tomas Area Neighborhood Plan. Projects in an R-1 Zone can be handled at staff level while a PD Zone requires application before the Planning Commission. Commissioner Kearns asked why the letters from the applicants were so old. Was the process delayed. Mr. Tim Haley responded that the City had recently contacted the property owners and there was no current response. The PD Zoning offers flexibility over R-1. Community Development Director Steve Piasecki advised that the San Tomas Area Neighborhood Plan sets development standards. This Zone Change will erase a procedural nightmare for any potential home remodels sought by these Planning Commission Minutes of November 14, 1995 Page 20 three property owners. While the zoning remains PD, any potential home remodeling would require Planning Commission review. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 7. Lee Critchfield, 1167 Steinway, addressed the Commission as follows: · Stated that the Zoning should be the same as the surrounding properties and that she is in support of the change. MOTION: MOTION: On motion of Commissioner Lowe, seconded by Commissioner Kearns, the Planning Commission moved to close the Public Hearing (6-0). On motion of Commissioner Kearns, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3010, recommending approval of a Zone Change from PD to R-I-10, for property located at 1160, 1162 & 1170, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None None None This matter will be forwarded to the City Council meeting of December 5, 1995. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director was presented as follows: · Announced that Commissioner Higgins has resigned her position on the Commission as she has sold her home and moved from the City. · Distributed the Peachtree brochure and announced that the project is 85% sold with just 5 to 6 units remaining. Commissioner Lowe asked about the upcoming auto retail use coming before the Commission. Mr. Darryl Jones, Senior Planner, advised that this project is a retail auto use at the former Anastasia's. Planning Commission Minutes of November 14, 1995 Page 21 Mr. Darryl Jones also advised that this week's Site and Architectural Review Committee meeting will be held on Friday at 9:30 a.m. with review of the Staples project (an office supply store on Hamilton) and a fence exception to allow a 10.5 foot high rear yard fence on a residential property. ADJOURNMENT The Planning Commission meeting adjourned at 9:40 p.m. to the next Planning Commission meeting of November 28, 1995, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, Campbell, California~. SUBMITTED BY: ',.J C~5~'i~"~e A. Shinn,~'~~g Secretary Steve Piasecki, Secretary