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PC Min - 12/11/2007 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY DECEMBER 11, 2007 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of December 11, 2007, was called to order at 7:35 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Rocha and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Michael Rocha Bob Roseberry Bob Alderete George Doorley Mark Ebner Gary Gairaud Elizabeth Gibbons Commissioners Absent: None Staff Present: Acting Director: Planer II: Planner I: Acting City Attorney: Planning Intern: Recording Secretary: Jackie C. Young Lind Kim Brosseau Steve Prosser Kirsten Powell Julianna Mandler Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Alderete, the Planning Commission minutes of the meeting of November 27, 2007, were approved. (6-0.0-1; Chair Rocha abstained) Campbell Planning Commission Minutes for December 11, 2007 Page 2 COMMUNICATIONS 1. Acting Director Jackie C. Young Lind made a presentation to Intern Julianna Mandler: . Explained that the development of green policy and practices is included on the Work Plan for this fiscal year. . Reported that she and the City Manager decided to secure an intern for Fall 2007 to serve as a "green" intern. Julianna Mandler was selected and has served since October through this coming Friday (12/14/07). . Read from the Resolution of Appreciation and Acknowledgement that honors Julianna's 160 hours of service that were focused on projects in the area of environmental stewardship. . Added that Julianna worked on the preparation of two $75,000 grant applications. . Announced that she got word today from ABAG that these two grants have been recommended for approval pending final action on December 19th. Ms. Julianna Mandler, Planning Intern, thanked everyone, particularly Acting Director Jackie C. Young Lind, for allowing her the opportunity to use what she has learned in school in a real and applicable situation. 2. One desk item was distributed regarding Agenda Item No. 1 that provides additional data on lot coverage and FAR information on other Sunnyside Avenue flag lot projects. ORAL REQUESTS There were no oral requests. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. *** Chair Rocha advised that he would have to recuse himself from participating on the first agenda item as he is the applicant's next door neighbor. He turned the gavel over to Vice Chair Roseberry and left the dais and chambers. PUBLIC HEARINGS Acting Chair Roseberry read Agenda Item No. 1 into the record as follows: Campbell Planning Commission Minutes for December 11, 2007 Page 3 1 . PLN2007 -110 (PM) PLN2007 -111 (PO) Whiteside, G. Continued Public Hearing (from the Planning Commission meeting of November 27, 2007) to consider the application of Mr. Gregory Whiteside for a Tentative Parcel Map (PLN2007- 110) to subdivide one property into two parcels and a Planned Development Permit (PLN2007-111) to allow the construction of a new single-family residence and the remodel of an existing single-family residence on property owned by Mr. Gregory Whiteside located at 190 Sunnyside Avenue in a P- D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Tentative City Council Meeting Date: January 2, 2008. Project Planner: Kimberly A. Brosseau, Planner /I Ms. Kimberly A. Brosseau, Planner I, presented the staff report as follows: · Advised that the applicant is seeking approval of an Administrative Planned Development Permit to allow the construction of a new single-family residence and the major remodel of an existing residence. · Said that a proposed Parcel Map will create two lots, including one flag lot. · Described the homes as a two-story traditional style design. · Explained that this project was continued from the November 27th Planning Commission meeting to allow the applicant time to address concerns raised at that meeting regarding the proposed plans. · Said that the property is in a P-D Zone with a General Plan Land Use of Low- Density Residential. · Recommended that the Commission find this project to be Categorically Exempt under CEQA and adopt resolutions approving the Administrative Planned Development Permit and Tentative Parcel Map. Acting Chair Roseberry opened the Public Hearing for Agenda Item NO.1. Mr. Gregory Whiteside, Project Applicant and Property Owner: · Said that he has taken steps to reduce the appearance of mass of the building including changing from a hip to gable roof, moving in the upper story from both the front and sides, using garage doors with decorative windows, changing one driveway to pavers and including a landscaping strip to separate the two driveways. · Reported that he had spoken with all of his neighbors. One neighbor was concerned about window placement on one side elevation so he relocated that window further from that neighbor's window. Another neighbor had requested improvements to an existing deteriorating fence, which will be done. Commissioner Gibbons thanked Mr. Gregory Whiteside for all of his hard work in a short period of time. She asked if she is correct in reading that there is a second unit proposed for the front house. Campbell Planning Commission Minutes for December 11, 2007 Page 4 Mr. Gregory Whiteside said that this would be a mother-in-law quarters. Commissioner Doorley asked how much square footage was removed from the front house since the last meeting. Mr. Gregory Whiteside said that the originally proposed house consisted of 2,300 square feet. He has reduced that house by moving one wall in on one side by six inches. Commissioner Gibbons asked what kinds of overhangs he is proposing. Mr. Gregory Whiteside said 16-inches. Acting Chair Roseberry closed the Public Hearing for Agenda Item No.1. Commissioner Doorley asked staff to comment on the plan for an in-law unit on the second floor of the front house. Planner Kimberly A. Brosseau said that in R-1 Zoning a minimum lot size of 10,000 square feet is required to accommodate a second living unit. She added that a second unit may not be allowed if it exceeds the density in this PD Zoning District. Commissioner Alderete said that this third unit might have an impact on parking. Planner Kimberly A. Brosseau advised that her colleague Steve Prosser has calculated the density and this front parcel cannot accommodate a secondary living unit so it would not be allowed. Commissioner Gibbons said that there are eight parking spaces proposed, four covered and four uncovered. Acting Chair Roseberry asked staff if this is the same plan reviewed by the Commission at its last meeting. Planner Kimberly A. Brosseau said that staff had simply not caught that detail (second unit) but it would have been caught during the Building plan check process. Acting Chair Roseberry said he could support moving forward and allowing staff to deal with the issue of eliminating the second unit. Acting Director Jackie C. Young Lind said that the kitchen on the second floor would have to be deleted from the plan as one cannot have separate cooking facilities in a single-family residence. She added that if the Commission so desired a deed restriction could be recorded restricting this home from having a second living unit. Campbell Planning Commission Minutes for December 11, 2007 Page 5 Commissioner Doorley said that he is concerned that even if the kitchen is stricken from the plans, it could be put back in at a later date as that second floor has been designed by this owner to serve as a separate unit. This gives him pause. Commissioner Gibbons: . Advised that she has quite a few comments on this project. . Stated that she appreciates the work done by this applicant and staff but they did not provide all the answers this Commission was looking for. . Said that this project simply seems to be too dense, too close and too much. . Added that per the table provide on page 2 of the staff report, the front house is at .75 FAR and the rear house is at .50 when including the flag pole or .66 when not including the flag pole. . Said that she is fine with the concept of a flag lot that is consistent with development in this neighborhood. . Added that the intensity of this development is a concern. Allowing a three-foot setback is tighter than allowed as usually a minimum five-foot setback is required. . Reiterated that as proposed this project is too intense. There is too much going on here on the front lot. . Suggested that for a flag lot, the Commission likes to have the garage not be visible from the street. . Reminded that the proposed second unit is not compliant nor are the proposed three-foot side setbacks. . Pointed out that the jogged driveway is trying to make something work. . Said that usually there is a standard of submittal materials/plans as far as quality and context. This project would benefit from better plans. . Reminded that the definition of Planned Development is that it is intended to provide a degree of flexibility in order to achieve a development that is better than what would be allowed if following the underlying Zoning/Land Use designations. . Reiterated that the intensity here is too much going on in too small a space. . Stated that she is not supportive of this project as shown. Acting Chair Roseberry: . Pointed out that the applicant has shown good intent and had good outreach efforts with his neighbors that resulted in his relocating a window of concern to an adjacent neighbor. . Stated that this development is actually consistent with this neighborhood and that a certain amount of high density near a downtown is desirable. . Said that there is another issue of using easements for access from one property to another. . Agreed that the second unit is a clear issue and must be excised out of this project. . Pointed out that there is not much else that can be done and said that there was no separate entrance for that second unit. . Said that as for having the rear lot garage facing the street, he used to be more of a fan of not having garages facing the street but is changing his view on that issue. . Added that this applicant has made a genuine effort to abide by the rules and he trusts staff to make sure the project is compliant. Campbell Planning Commission Minutes for December 11, 2007 Page 6 . Said he can support this application. Commissioner Gibbons asked if there is a reason that one can't take advantage of access by easements. Acting Chair Roseberry asked what the difference is. Commissioner Gibbons said that it is a point well taken that shared access equals less concrete. Commissioner Alderete: · Thanked the applicant for his work on his drawings and plans. · Commented, directly and frankly, that some of the drawings provided draw the line on the level of quality that can be considered an acceptable standard. · Added that he hopes that staff will not allow this level of drawing quality in the future. · Said that it is apparent that a large amount of pavement is located at the front of this lot. · Added that the request from this Commission had been the use of interlocking pavers for one of the driveways. Per the applicant's drawing, the front driveway is concrete pavement with concrete bands and the rear driveway is concrete. . Said that he is in favor for pushing for concrete interlocking pavers for the entire project. Acting Director Jackie C. Young Lind said that Conditions 5 and 15 deal with this issue. Commissioner Alderete agreed and said if there is to be a motion to move forward this is something he would need in order to be supportive of this request. Commissioner Gibbons suggested a straw poll to see if there is consensus or she is willing to make a motion for denial. Commissioner Alderete said he had hoped that the first continuance would have been to a date uncertain as he had been skeptical that two weeks was enough time to achieve the changes desired by this Commission. Commissioner Gibbons said she was amiable to that as well and asked if sufficient guidance has been provided. Commissioner Alderete said that the input given by all of the Commissioners provides the guidance necessary. Acting Director Jackie C. Young Lind outlined the concerns: · The depiction of the second unit must be cleaned up/removed from the floor plan. . Not less than a five-foot setback should be created. · Improvements on the quality of project drawings. Campbell Planning Commission Minutes for December 11, 2007 Page 7 · Use of interlocking pavers for both driveways. Commissioner Alderete asked Commissioner Gibbons to speak to the issue of intensity of this proposal. Commissioner Gibbons: · Said that it might not be easy for the applicant to hear. · Suggested that the back unit be made smaller and that more land be left around the front unit. · Pointed out that the 60-foot frontage has two driveways and leaves less than 12- inches to separate the two. · Said that while the applicant wants to keep the base home in place, it is located in the wrong place. · Suggested that there be greater separation between the new property lines with the driveway. · Said that a first priority would be to increase the separation between the new property line and the remodeled unit. · Added that perhaps a common driveway to the garages could be incorporated. Commissioner Alderete agreed that reducing the FAR is going in the right direction. Commissioner Gairaud said that it is always important to know if a driveway is counted towards lot size. He added that he is supportive of this project if the setback on the east side is five-feet. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Gibbons, the Planning Commission CONTINUED TO A DATE UNCERTIN consideration of a Tentative Parcel Map (PLN2007 -110) to subdivide one property into two parcels and a Planned Development Permit (PLN2007 -111) to allow the construction of a new single-family residence and the remodel of an existing single-family residence on property owned by Mr. Gregory Whiteside located at 190 Sunnyside Avenue; by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons and Roseberry None None Rocha NOES: ABSENT: ABSTAIN: *** Chair Rocha returned to the Chambers and assumed the gavel. *** Campbell Planning Commission Minutes for December 11, 2007 Page 8 Chair Rocha read Agenda Item No. 2 into the record as follows: 2. PLN2007 -104 Tran, Q. Public Hearing to consider the application of Mr. Quynh Tran, on behalf of Mr. Phi Han, for a Site and Architectural Review Permit (PLN2007-104) to allow the construction of a new 3,768 square foot, two-story residence on property owned by Mr. Phi Han located at 1590 Walters Avenue in an R-1-9 (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under cEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Steve Prosser, Planner I Mr. Steve Prosser, Planner I, presented the staff report as follows: . Advised that the applicant is seeking a Site and Architectural Review Permit approval to allow the demolition of an existing single-story residence and the construction of a new two-story residence. . Described the project site as being located on the south side of Walters Avenue at the corner with York Avenue. It is surrounded on all sides by residential uses. . Said that the Zoning is R-1-9 and the property must comply with the San Tomas Area Neighborhood Plan. . Said that the lot is net 10,000 square feet and the proposed FAR is .38 where .45 is the maximum allowed. The lot coverage is .23 where a maximum .35 is allowed. The maximum proposed height is 25 feet. . Added that there are 12 trees on site that will be protected. . Said that the new home is a two-story using simple hip and gable roof features. . Advised that SARC reviewed this proposal on November 27th and their recommendations are reflected in the conditions of approval. . Recommended that the Commission find this project to be Categorically Exempt under CEQA and that a resolution be adopted approving this application. Commissioner Gibbons asked if there is any need to raise the grade on this parcel to deal with site drainage. Planner Steve Prosser said that no additional grading is required. Commissioner Roseberry presented the Site and Architectural Review Committee report as follows: . SARc reviewed this project on November 27th and was generally supportive. . Added that its comments have been incorporated including the use of obscured glass for the second-story bath. . Said that the revised site plan includes the use of interlocking pavers in the driveway. Chair Rocha opened the Public Hearing for Agenda Item No.2. Campbell Planning Commission Minutes for December 11, 2007 Page 9 Chair Rocha closed the Public Hearing for Agenda Item NO.2. Commissioner Alderete: · Said that this is a great looking plan that can become a keystone in this neighborhood. It looks really great. · Said he likes the plan and can support this project. Commissioner Gibbons cautioned that pulling the house closer to the street changes the character of the neighborhood. Commissioner Roseberry said he agrees. Chair Rocha said that EI caminito is an example of a street where that trend of bringing remodeled homes up closer to the street has occurred. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Ebner, the Planning Commission adopted Resolution No. 3857 approving a Site and Architectural Review Permit (PLN2007-104) to allow the construction of a new 3,768 square foot, two-story residence on property owned by Mr. Phi Han located at 1590 Walters Avenue, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry . None None None Chair Rocha advised that this action is final in 10 calendar days unless appealed in writing to the City Clerk. *** Chair Rocha read Agenda Item No.3 into the record as follows: 3. PLN2006-59 (APD) PLN2007 -158 (SA) Gleason, F. Public Hearing to consider the application of Ms. Franceska Gleason, on behalf of Edwin Bruce Associates, for an Administrative Planned Development Permit (PLN2006-59) for exterior building and site modifications and a Sign Exception (PLN2007-158) for multiple wall signs for an existing commercial building (KFC and A&W restaurant) on property owned by Harman Management Corporation located at 1805 S. Winchester Boulevard in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Steve Prosser, Planner I Campbell Planning Commission Minutes for December 11, 2007 Page 10 Mr. Steve Prosser, Planner I, presented the staff report as follows: · Said that the applicant is seeking approval of an Administrative Planned Development Permit and Sign Exception for an existing KFc located on the northwest corner of Winchester at Latimer. · Described the surrounding uses as commercial to the east; commercial and residential to the west; commercial and public facilities to the north and office and public facilities to the south. · Said that the General Plan Land Use designation is Commercial. This project is consistent. The Zoning is P-D and this project is consistent with issuance of an Administrative Planned Development Permit. · Reported that there are no proposed changes to the hours of operation, which are 10 a.m. to 10 p.m. There is a reduction in seating from 84 to 78 seats. Twenty-six parking spaces are required and 29 are provided. · Said that the building will utilize earth toned stucco. · Stated that staff has worked extensively with the applicant resulting in a project with a more desirable architectural style. · Said that the applicant is seeking a Sign Exception to allow four new wall signs and the refacing of the existing monument sign. · Said that staff finds that the monument sign sufficiently serves the north and south direction. · Informed that installation of sidewalks, gutters and curb will be required along their frontages on both Latimer and Winchester Boulevard. · Reported that SARC reviewed this project on November 27th and their recommendations have been incorporated into the conditions of approval. · Recommended that the Commission find this project to be Categorically Exempt under CEQA and that resolutions be adopted to approve the Administrative Planned Development Permit and the Sign Exception. Acting Director Jackie C. Young Lind showed the Commission the differences between the original facade design as compared to the current modified fayade design. Commissioner Gibbons sought clarification from staff that they are recommending only one additional wall sign for a total of two both placed on one fayade. Planner Steve Prosser said that is correct. Commissioner Gibbons asked about the required street improvements to both Latimer and Winchester, the 10-foot public utility easement and the 45/30 foot street widths. Are these reflected on the plans provided? Planner Steve Prosser said yes. Commissioner Alderete pointed out that there are currently three signs posted in the ground as well as a sandwich board sign. He asked if these are allowed signs. Planner Steve Presser replied no. Campbell Planning Commission Minutes for December 11, 2007 Page 11 Commissioner Alderete: . Said that means that there are three illegal signs on this property right now. He asked how an understanding can be reached that this will not occur in the future. . Added that at a recent Study Session federal legislation on signage was reviewed. . Advised that he is sensitive to the fact that there is a church located next to this business and the potential impacts of the colonel logo as viewed from there. Planner Steve Prosser cautioned that the content of signs cannot be commented upon just their size and location. Commissioner Roseberry presented the Site and Architectural Review Committee report as follows: . Said that SARC reviewed this item on November 27th and was supportive. . Said that he is happy to see this building get a facelift. . Added that SARC recommended the use of a decorative trim around the monument sign to compliment the remodeled building in style. . Reported that there was a long discussion over signage and they warned the applicant that they would not likely get every sign they wanted. Chair Rocha opened the Public Hearing for Agenda Item NO.3. Ms. Franceska Gleason, Applicant: . Said that this remodel is a part of a corporate mandate and must be accomplished by June 2008. It includes both building and signage updates. - . Added that site visibility is key. . Pointed out that they are not proposing a drive-thru and no increase in square footage. Additionally, they are decreasing their seating. . Advised that added signage is a way to offset the cost of construction by attracting new business and all proposed signs are well below the 50 square foot maximum size allowed. . Said that they have already reduced the size of their signs and reduced the number of proposed colonel signs from two to one. . Reported that the signs were designed to go together. . Said that there will be visibility issues whereby the City's street trees are going to hinder visibility of the two wall signs. . Stated that they have tried to be restrained and tasteful in the distribution of their signage. . Added that they have to have signage that satisfies the requirements of the corporation that includes a requirement for equal signage of both brands (KFC and A&W). . Advised that she had occasion to speak with Home Church and they were very supportive. Commissioner Doorley: . Asked Ms. Franceska Gleason to clarify the current signage. . Added that their use of three separate logos is a corporate choice. Campbell Planning Commission Minutes for December 11, 2007 Page 12 . Said that in his opinion this is one restaurant, not two. . Questioned why that corporate choice should be an incentive for the City to amend its sign limits. Ms. Franceska Gleason: · Said that there were originally two colonel signs reduced to one. . Advised that they are bringing in a second brand on site in order to broaden customer appeal. . Said that they prefer to use the face sign (colonel) but staff requested use of KFC letters. . Said that they operate two restaurants in a communal building. Commercial Doorley pointed out that any business wants more signs. Commissioner Alderete advised that he is in favor of the building improvements but has questions on the signs. He asked Ms. Franceska Gleason her role in this company. Ms. Franceska Gleason said that she works with Edwin Bruce Associates, which is a small architectural firm located in San Jose. They are representing Harman Management Corporation, the franchisee owner. Commissioner Alderete asked if there is potential for additional corporately owned brands to be added to this location. Mr. Franceska Gleason said that this is highly unlikely that more than two would be located in a single-store. Commissioner Alderete asked how the decision was reached to install the existing illegal signs. Ms. Franceska Gleason said she would defer to the applicant. Mr. Jeremy Dimick, KFc Representative: . Said that they had no intent to go against any City restrictions on signs. . Assured that the signs in question would be removed tonight. Commissioner Ebner pointed out that SARC had cautioned the applicants two weeks ago that these illegal signs needed to be removed and they were not. Chair Rocha closed the Public Hearing for Agenda Item NO.3. Commissioner Roseberry: . Said that signage can be considered iconic or clutter. . Said that he recognizes the need and/or desire for brand recognition. . Reminded that the old A&W building would soon be torn down. Campbell Planning Commission Minutes for December 11, 2007 Page 13 · Pointed out that this KFC has window signs plastered all over its windows. · Suggested striking a deal whereby additional wall signage be approved with the elimination of window signs. · Said that this applicant is looking for two additional signs for this corner lot. Planner Steve Prosser said their request is for four wall signs and a monument sign. The Sign Ordinance allows either two wall signs or one wall sign and one monument sign. Commissioner Ebner said that he was going in the same direction as he finds window signs to be unattractive. He added that the modifications to this building represent a big improvement. Commissioner Gibbons: . Asked for clarification from staff on Sheet A-10. · Pointed out that this is an excellent set of drawings. · Said she finds the colonel sign to be the most offensive. · Said that she is not okay with a sign on the north elevation with the monument sign there. · Added that she is okay with the second sign on the front elevation. Commissioner Doorley asked about the square foot recommended by staff versus that asked by the applicant. Planner Steve Prosser said that the two signs on Winchester are 22.3 and 29.8 square feet. The sign on Latimer is 29.8. The sign on the north elevation is 13.66 square feet. Staff is recommending the two Winchester signs and the monument sign for a total of 95.56 square feet. Commissioner Alderete asked what guided staffs recommendation. He advised that he is not supportive of Sign Exceptions and does not have much sympathy for national brands asking for more signage than is allowed under the Sign Ordinance. Commissioner Gairaud said that issue of window signs is hard to control with the constant change in management. He said he could support three signs maximum. The monument and two wall with the wall signs on different elevations. Commissioner Doorley asked if that reflects the staff recommendation. Acting Director Jackie C. Young Lind said that this is different from the staff recommendation, which supports the two wall signs on the Winchester elevation as well as the monument. Commissioner Gibbons said that she supports the monument and two wall signs on Winchester as recommended by staff. The monument sign is sufficient signage for the north and southbound directions. Campbell Planning Commission Minutes for December 11, 2007 Page 14 Commissioner Doorley agreed. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Doorley, the Planning Commission took the following actions: · Recommended approval of an Administrative Planned Development Permit (PLN2006-59) for exterior building and site modifications; and · Recommended approval of a Sign Exception (PLN2007 -158) for multiple wall signs for an existing commercial building (KFC and A&W restaurant) on property owned by Harman Management Corporation located at 1805 S. Winchester Boulevard, to allow two wall signs along the Winchester (eastern) frontage and the reface of the existing monument sign; by the following roll call vote: AYES: Doorley, Gibbons and Roseberry NOES: Alderete, Ebner, Gairaud and Rocha ABSENT: None ABSTAIN: None The motion failed. Acting Director Jackie C. Young Lind suggested a second motion separating the modification request from the Sign Exception since the remodel this Commission is supportive of is currently not approved. Acting City Attorney Kirsten Powell agreed the two items could be separated. Commissioner Doorley expressed support for one wall and one monument sign. Commissioner Alderete said that the proposed renovations are great but he has a problem with any exception to the Sign Ordinance. Commissioner Roseberry said that the proposed signs are not out of keeping with the intent of the Sign Ordinance. Commissioner Alderete pointed out that when they had the opportunity to correct their illegal signage after a warning by SARC they did not do so. Commissioner Gibbons suggested a motion to approve the building modifications and to defer the Sign Exception. Acting Director Jackie C. Young Lind said that without a Sign Exception this applicant could have one wall sign and a monument sign or two wall signs on separate elevations. Campbell Planning Commission Minutes for December 11, 2007 Page 15 Commissioner Doorley restated support for one wall and one monument sign. Commissioner Gibbons said that the applicant could come back with a request for a different scenario. Commissioner Gairaud said that the proposed project looks wonderful and he would support two wall signs. Commissioner Roseberry said that the applicant can appeal the denial of the Sign Exception to Council. Commissioner Gibbons: . Said that there are two issues. . Stated that the applicant can go to staff for an over-the-counter approval for a total of two signs. . Added that if the Commission votes down the Sign Exception, the applicant can appeal. . Opined that staff made a good case for two wall signs on Winchester and the monument sign. Commissioner Doorley said that anything short of four wall signs will likely be appealed to Council by the applicant so the Commission should just act on it. Commissioner Alderete agreed and said he takes issue with any exceptions to the Sign Ordinance. He added that traditionally, exceptions are not granted to smaller companies. Chair Rocha re-opened the Public Hearing for Agenda Item No.3. Mr. Edwin Bruce, Architect and Applicant's Representative: . Said that his firm has been affiliated with Harman Management Corporation for 25 years. They are a franchisee in the Bay Area so they can also be considered a local small business. . Pointed out that there is a financial burden in rebuilding a restaurant and his client is bringing in another brand to help make it work. . Added that the bottom line for his client is that corporate sets the standards. . Recounted that they would have to get a second approval directly from corporate once the City's process is complete. . Said that they have compromised and reduced the sign size. They must have the two signs on the Winchester side to satisfy the corporate requirements to advertise both brands and with similar sized signs. Commissioner Roseberry asked Mr. Edwin Bruce whether the Winchester frontage signs as proposed by staff would be satisfactory. Mr. Edwin Bruce replied yes. Campbell Planning Commission Minutes for December 11, 2007 Page 16 Chair Rocha re-closed the Public Hearing for Agenda Item NO.3. Commissioner Alderete said that no new information was provided by Mr. Edwin Bruce. He stressed that the KFc/A&W brands are national brands. The issue is dual brands versus allowable sign square footage. Commissioner Roseberry said he agrees somewhat. He said that perhaps an appeal would not be necessary. Commissioner Alderete asked Commissioner Roseberry what he suggests. Commissioner Roseberry said he supports the staff recommendation, which represents a compromise that somewhat retains control. Commissioner Gairaud said he can accept the staff recommendation and asked if the applicant can still appeal. Acting Director Jackie C. Young Lind replied yes. Commissioner Gairaud clarified that he supports one wall sign on Winchester and another on the Latimer side of the building. Commissioner Roseberry suggested allowing two wall signs and leaving it up to the applicant as to what frontage those signs would be placed. Acting Director Jackie C. Young Lind pointed to a sign depicted on Sheet A-3.2 that depicts the colonel with the A&W logo. This dual sign could fit below the cupola along the Winchester frontage. Commissioner Doorley said that this particular sign could be used by right without need for an Exception. Acting Director Jackie C. Young Lind agreed that it would not require a Sign Exception. Commissioner Ebner said that this sounds interesting. He reminded that the applicant had said they were willing to reduce the square footage of signs too. Commissioner Alderete said that a reduction in size would be required to move forward. Commissioner Gibbons suggested approving the building improvements and come back for further consideration of the signs. Commissioner Doorley suggested approving the remodel and denying the Sign Exception outright. Campbell Planning Commission Minutes for December 11, 2007 Page 17 Commissioner Roseberry said that if this action is appealed to Council, what can Council do. Commissioner Doorley said whatever they want. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3858 approving an Administrative Planned Development Permit (PLN2006-59) for exterior building and site modifications for an existing commercial building (KFC and A&W restaurant) on property owned by Harman Management Corporation located at 1805 S. Winchester Boulevard, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha and Roseberry None None None Commissioner Alderete said that he is seeking to limit exceptions to the Sign Ordinance. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3859 denying a Sign Exception (PLN2007 -158) for multiple wall signs for an existing commercial building (KFC and A&W restaurant) on property owned by Harman Management Corporation located at 1805 S. Winchester Boulevard, with modified findings, by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud and Rocha NOES: Gibbons and Roseberry ABSENT: None ABSTAIN: None Chair Rocha advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Rocha read Agenda Item No.4 into the record as follows: Campbell Planning Commission Minutes for December 11, 2007 Page 18 4. PLN2007 -167 Staff Public Hearing to consider the City-initiated application for a Conditional Use Permit (PLN2007 -167) to allow the proposed installation of a 100-foot monopole tower as part of a County-wide emergency communications network (ECOMM system consisting of 22 antennas located throughout Santa Clara County). The antenna tower would be located at Campbell City Hall, 70 N. First Street in a planted median next to the Police parking lot between two Eucalyptus trees. A Mitigated Negative Declaration has been prepared for this project. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Steve Prosser, Planner I Mr. Steve Prosser, Planner I, presented the staff report as follows: . Advised that staff is recommending approval of a Conditional Use Permit to allow the installation of a 100-foot monopole on the southeast corner of N. First Street and Grant Street. . Said that the General Plan Land Use designation is institutional and the proposal is consistent with that. The Zoning is P-D, which requires a Conditional use Permit for a non-stealthed antenna installation. . Reported that there is no proposed reduction in parking as a result of this application. . Reported that an existing antenna on site will be relocated to this new tower. . Said that pre-approval for the future installation of a private wireless provider is proposed to help offset costs of maintenance. . Stated that the six-foot black wrought iron fencing would be expanded around this Tower base. . Added that staff is recommending some additional landscaping and proposes Condition #6 be revised to require said landscaping at the time of private cell cite installation. . Reported that a neighborhood meeting was held. . Said that SARC reviewed the proposal on November 27th and their revisions were incorporated into the conditions of approval. . Advised that an Initial Study was prepared and any impacts have been mitigated to less than significant levels so the adoption of a Mitigated Negative Declaration is proposed. . Reported that the City of San Jose processed a 30-day public review period for the entire E-Comm project. Campbell processed a 20-day public review period between the dates of October 11, 2007, and November 2, 2007. No comments were received by either San Jose or Campbell as a result. . Recommended adoption of the Mitigated Negative Declaration and the Conditional Use Permit. . Introduced Police Captain David Rauschhuber from the Campbell Police Department, who is managing the project for Campbell PD. Campbell Planning Commission Minutes for December 11, 2007 Page 19 Commissioner Alderete asked about the proposed private party usage via leasing. He questioned being able to require placing holiday lights on the tower. Planner Steve Prosser said that a location is proposed for future space to be leased to a wireless provided on the tower. The request is to approve such use without requirement for a future separate Conditional Use Permit. Acting City Attorney Kirsten Powell: . Pointed out that the City is the landlord and any specific requests could become a part of the negotiated lease. . Added that it would be difficult to craft something now without a specific provider but rather the Commission could simply provide direction to staff that will do the lease negotiation. Commissioner Gibbons asked about the supporting ground unit. Planner Steve Prosser explained that most wireless installations have a mechanical equipment box on site. Commissioner Gibbons pointed out that there is no location indicated on the site plan for such a box. She said that she is not supportive of an approval without specifics. She asked if the 100-foot height is driven to support the future private cellular installation or to facilitate the operations of the E-Comm system. Planner Steve Prosser said that the height requirement is specific to the E-Comm and Police Department's microwave antenna. He added that there is no location yet for the proposed box. Commissioner Roseberry presented the Site and Architectural Review Committee report as follows: . SARC looked at the future cellular antenna and saw it proposed as being flush mounted to the pole. . Admitted that they never discussed the associated equipment cabinet required for the cellular provider. Captain Dave Rauschhuber, Campbell Police Department: . Said that he is the 911 Center Police Captain. . Explained that E-comm is a grant-funded project to provide the high speed backbone for all future emergency communications projects. Mr. Steve Jones, Project Manager for the E-Comm Project, City of San Jose Police Department: . Said that this Campbell site fits into the regional network. . Advised that the 100-foot monopole would be located in the lawn area between the City Hall and Police parking lots. Campbell Planning Commission Minutes for December 11, 2007 Page 20 . Displayed a map depicting the whole E-Comm project that runs between Gilroy to the south to Palo Alto to the north. There are 23 sites within 18 jurisdictions. . Explained that the cost for these installations have been funded via two Federal grants. One $5 million dollar grant is from the Department of Justice and the second $5 million dollar grant is from the Department of Homeland Security. . Reported the cost for the monopole in Campbell as being $350,000 that is paid by grant money. Campbell will budget $5,000 per year for on-going maintenance. . Stated that the existing tower would be removed and duplicate antennas would be installed on the new monopole. The old tower would be removed. . Explained that the 100-foot height is required to make the microwave path work. It will be three feet in diameter at ground level and 18-inches in diameter at the top. It is made of steel and will be zinc galvanized, which would fade to a light grey matte finish within six months. . Said that if one asks the importance of this to Campbell, the answer is that is allows Campbell to join a regional communications network and offers an enhanced ability to respond to emergencies. . Stated that the alternative is to use commercial telephone connections, which often become unavailable during major emergencies. . Assured that there are no unsafe radio signals and FCC and OSHA safety standards are met. . Added that the higher up the equipment is located, the less exposure there is to people in the surrounding area. . Said that the City of San Jose approved the contract with the vendor today. . Reported that there are other tall towers including 140-foot in Mountain View and 160-feet in Sunnyvale. Installation is slated for June. The entire E-Comm system is expected to be up and running one year from now. Commissioner Ebner asked where the existing pole is located. Mr. Steve Jones said that there is a 50-foot tall tower now. Commissioner Alderete asked Mr. Steve Jones to take a moment to discuss what kinds of things would represent a risk to a tower such as this. What would adversely affect this monopole? He agreed that it is great for public safety. Mr. Steve Jones replied a nuclear bomb. Anything short of that would not impact it as it is designed to sustain 90 miles per hour winds. It would have to be knocked over to make it inoperable. It has 99.99 percent system reliability. Chair Rocha asked about security. Captain David Rauschhuber said that it would be surrounded by fencing. Commissioner Roseberry verified that the cell antennas would be at the 55 foot height and mounted tightly. He added that the supporting equipment box was never discussed. They tend to be at least 6 feet x 8 feet x 8 feet in size. Where does it go? Campbell Planning Commission Minutes for December 11, 2007 Page 21 Captain David Rauschhuber said that the dumpster area could be modified. Commissioner Gairaud asked if the equipment cabinet would be located near the new monopole. Captain David Rauschhuber said that it might perhaps be undergrounded or located near the existing trash enclosure. Commissioner Roseberry said that while SARc thought it was appropriate to bundle the private carrier with the E-Comm network application, it may actually be wiser to separate it from the monopole. Commissioner Gibbons agreed. Commissioner Ebner said he too absolutely agrees. Chair Rocha opened the Public Hearing for Agenda Item No.4. Ms. Cynthia Halliday, Resident on N. First Street: . Said that she lives right across the street from City Hall and has spent a lot of money improving her property (as had her sister right next door to her). . Said that they are concerned how this will look. . Expressed concern that it will not improve her property values. . Asked if a study on emissions has been conducted as there are 12 children in direct sight of this proposed tower. . Stated that the aesthetics are not terribly nice. Chair Rocha closed the Public Hearing for Agenda Item NO.4. Commissioner Gibbons: . Said it is very appropriate that the nearby neighbor spoke this evening. . Said that she has a comfort level where it is proposed as it is surrounded by vegetation and tapers in size from the ground up. . Stated that she knew this installation was important for public safety but she also wanted to be able to feel good about it. . Advised that she is okay with the aesthetics and safety. . Supported the separation of approval for the E-Comm installation from any future commercial cellar installations on the tower for private use. Commissioner Alderete: . Expressed his gratitude to the neighbor who spoke this evening. . Stated that public comment sometimes sways the Commission's decision and sometimes does not. . Said that this is an issue of greater good and provision of public safety through better emergency communications. Campbell Planning Commission Minutes for December 11, 2007 Page 22 . Said he would support this application. . Pointed out that there is not an ideal spot in Campbell to hide this tower. It will be as unnoticeable as something 100-feet tall can be. Commissioner Gairaud said he concurs with Commissioner Alderete and also wanted to thank Ms. Halliday. He asked staff if they are sure that the grey finish is preferable to another color such as green. Acting Director Jackie C. Young Lind said that green actually stands out more in the skyline and needs maintenance. In six months, the grey proposed will have dulled in sheen. It is the color that blends the best and does not rust as treated. She assured that the color was carefully considered. Commissioner Ebner thanked Ms. Halliday and asked if there is any way that additional planting can be installed that would not interfere with function. Acting Director Jackie C. Young Lind deferred to the Project Manager Steve Jones. Mr. Steve Jones said that as long as the tree does not grow above the antennas it will not interfere with the antennas. Commissioner Roseberry also thanked Ms. Halliday. He agreed that it is hard to hide a 100-foot pole. He added that it is important for the neighborhood to have some screening. Commissioner Alderete said that it might be good to stipulate the planting of the same type of Eucalyptus tree(s) on the west side of the pole. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Roseberry, the Planning Commission took the following actions: . Adopted Resolution No. 3860 adopting a Mitigated Negative Declaration for the E-Comm Project; and . Adopted Resolution No. 3861 approving a Conditional Use Permit (PLN2007-167) to allow the proposed installation of a 100-foot monopole tower as part of a County-wide emergency communications network (ECOMM system consisting of 22 antennas located throughout Santa Clara County) to be located at Campbell City Hall, 70 N. First Street, with the removal of any pre-approval for potential private communications facilities and the condition to explore the feasibility of additional landscaping; by the following roll call vote: AYES: Alderete, Doorley, Ebner, Gairaud, Gibbons, Rocha_ and Roseberry NOES: None ABSENT: None Campbell Planning Commission Minutes for December 11, 2007 Page 23 ABSTAIN: None Chair Rocha advised that this action is final in 10 calendar days unless appealed in writing to the City Clerk. *** MISCELLANEOUS 5. Election of 2008 Chair and Vice Chair Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Doorley, the Planning Commission elected Commissioner Roseberry to serve as Planning Commission Chair for 2008. (7-0) Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission elected Commissioner Ebner to serve as Planning Commission Vice Chair for 2008. (7.0) Newly appointed Chair Roseberry assumed the gavel from outgoing Chair Rocha. Commissioner Alderete took a moment to thank Chair Rocha for his service. Chair Roseberry agreed that Chair Rocha did a great job. 6. Cancellation of the Planning Commission Meeting of December 25, 2007. Motion: Upon motion of Commissioner Gairaud, seconded by Commissioner Doorley, the Planning Commission cancelled its meeting of December 25,2007. (7-0) REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Jackie C. Young Lind, Acting Director, was accepted as presented with the following additions: . Reported that Council met on December 4th and elected Donald R. Burr as Mayor and Joseph C. Hernandez as Vice Mayor for 2008. . Added that Council also took second reading for the Merrill Gardens Project. . Reported that Council adopted three new green policies. Campbell Planning Commission Minutes for December 11, 2007 Page 24 ADJOURNMENT The Planning Commission meeting adjourned at 11 :06 p.m. to the next Regular Planning Commission Meeting of January 8, 2008. ~eCOrding Secretary /2;;d ~ Michael Rocha, Chair SUBMITTED BY: APPROVED BY: APPROVED BY: ATTEST: ~L~