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PC Min - 06/23/2009CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. The Planning Commission meeting of June 23, 2009, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Ebner and the following proceedings were had, to wit: JUNE 23, 2009 CITY HALL COUNCIL CHAMBERS TUESDAY ROLL CALL Commissioners Present: Chair: Commissioner: Commissioner: Commissioner: Commissioner: Mark Ebner Bob Alderete Theresa Alster Gary Gairaud Bob Roseberry Commissioners Absent Vice Chair: Commissioner: Staff Present: Community Development Director: Contract Planning Manager: Senior Planner: Associate Planner: Planning Technician: City Attorney: APPROVAL OF MINUTES Elizabeth Gibbons Michael Rocha Kirk E. Heinrichs Ciddy Wordell Tim J. Haley Steve Prosser Stephen Rose William Seligmann Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Alster, the Planning Commission minutes of the meeting of June 9, 2009, were approved as submitted. (4-0-3; Commissioners Gairaud, Gibbons and Rocha were absent) COMMUNICATIONS 1. Desk Item for Agenda Item No. 3. Campbell Planning Commission Minutes for June 23, 2009 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS *** Chair Ebner read Agenda Item No. 1 into the record as follows: 1. PLN2009-52 Public Hearing to consider the application of Mr. Anthony McKenna, A. McKenna, on behalf of Grand Dell Saloon, for a Modification (PLN 2009-52) to a previous Conditional Use Permit (Resolution No. 1630) to allow late night operational hours and live entertainment in conjunction with an existing bar and restaurant (Grand Dell Saloon) on property owned by Dell Avenue Properties, LLC, located at 1040 Dell Avenue in the M-1-S (Light Industrial) 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: Tim J. Haley, Senior Planner Mr. Tim J. Haley, Senior Planner, presented the staff report as follows: • Advised that the applicant is seeking a Modification to a previously approved Conditional Use Permit that was originally granted in 1979. This modification would allow live entertainment and late night operation. • Said that the live entertainment is in conjunction with the existing bar and restaurant that is located in an industrial building within an industrial area at Dell and E. Sunnyoaks Avenue. Surrounding uses are industrial on all sides. To the east is a commercial strip center and other uses include warehousing and auto repair. • Explained that the subject tenant space is at the northern portion of this building and includes about 40 percent of the building area. • Described the site parking as being situated toward the west side of the property and consisting of 41 spaces. The parking demand for this restaurant with 90 seats is 30 spaces. • Stated that the business hours are between 10 a.m. and midnight, Sunday through Saturday, and between 10 a.m. and 2 a.m. on Friday and Saturday. • Reported that this request was referred to the Police Department for review. They recommend that the Live Entertainment Permit curtail at midnight. The applicant was receptive to that restriction and staff incorporated it into the conditions of approval. Campbell Planning Commission Minutes for June 23, 2009 Page 3 • Said that the restaurant has two entrances off Dell and Sunnyoaks and another off the parking area to the south. • Recommended the adoption of a resolution approving the Modification to this Use Permit to allow live entertainment and late hours for this existing bar and restaurant. • Reminded that the applicant would also be required to process a Live Entertainment Permit through the Police Department via Council action. • Said that SARC did not review this project as there were no exterior changes proposed. • Informed that the applicant is present this evening. Chair Ebner opened the Public Hearing for Agenda Item No. 1. Chair Ebner closed the Public Hearing for Agenda Item No. 1. Commissioner Alster reported that she made a site visit and found this business to be very lovely, clean and of nice design. The sign for music indicates blues. The crowd is an over 40 group. This is a nice, clean and well-kept bar and restaurant. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Alster, the Planning Commission adopted Resolution No. 3948 approving a Modification (PLN 2009-52) to a previous Conditional Use Permit (Resolution No. 1630) to allow late night operational hours and live entertainment in conjunction with an existing bar and restaurant (Grand Dell Saloon) on property owned by Dell Avenue Properties, LLC, located at 1040 Dell Avenue, by the following roll call vote: AYES: Alderete, Alster, Ebner, Gairaud and Roseberry NOES: None ABSENT: Gibbons and Rocha ABSTAIN: None Chair Ebner advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Commissioner Alderete advised that he must recuse himself for the next item due to the proximity of this site to his home. He advised that he would watch the meeting from the Doetsch Room but would take the opportunity to speak as a member of the community during the public hearing portion of this item. Chair Ebner read Agenda Item No. 2 into the record as follows: Campbell Planning Commission Minutes for June 23, 2009 Page 4 2. PLN2008-165 Public Hearing to consider the application of Mr. Brian HHG Spencer, on behalf of Huntington Hotel Group, for a Sign Development, LP Application (PLN2008-165) for two (2) building-mounted freeway-oriented signs for the Courtyard Marriott Hotel on property owned by HHG Development, LP, located at 655 Creekside Way 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: Tim J. Haley, Senior Planner Mr. Tim J. Haley, Senior Planner, presented the staff report as follows: • Advised that the applicant is seeking approval for revisions to the previously approved signs. • Reminded that the original approval was recommended by the Planning Commission and granted by the City Council. • Reported that the original request was for two signs to be located on the west and south elevations for Hilton Garden Inn. • Said that this revised request is for two freeway-oriented signs with revisions to be located on the north and south elevations of the hotel along the upper level (on the parapet). • Added that the request is for additional sign area going from 84 to 122 square feet. The layout of the sign is proposed to go from the originally approved stacked text to a single row text. • Said that this site is located at the off-ramp of Highway 17 to Hamilton Avenue at Creekside Way. • Reported that the applicant provided a letter of request for this modification because the westerly sign would be blocked by a proposed office building. Again, the current request would place signs at the south and north elevations of this new hotel. • Said that the site is zoned P-D (Planned Development) and the General Plan land use designation is Commercial. • Stated that the new signs would now read "Courtyard Marriott." • Informed that staff finds that this request can be supported and recommended that the Commission adopt a resolution recommending that Council approve two freeway oriented signs for the Courtyard Marriott. • Said that this item was before SARC and the applicant has prepared a letter in response to the issues raised by SARC that was included in the packet prepared for this evening. Chair Ebner asked staff to clarify that the present proposal increases the sign area by 40.5 square feet. Is that correct? Planner Tim J. Haley replied yes. Campbell Planning Commission Minutes for June 23, 2009 Page 5 Chair Ebner asked about the Sign Ordinance provision for freeway-oriented signs. Is it intended to allow just one? Planner Tim J. Haley said that the Ordinance provision cited is more in terms of a freestanding, double faced sign. These two signs are located on the building in lieu of a freestanding sign. He said that the concept of two wall signs for this new hotel was previously supported by the Planning Commission. Commissioner Gairaud presented the Site and Architectural Review Committee report as follows: • SARC reviewed this project on May 26, 2009. • Reported that SARC came up with a couple of questions for the applicant and asked them to justify the reasons for the relocation of signs; to provide a photo simulation from both the north and south elevations given the advance knowledge of sight line issues raised; to justify the use of straight text versus stacked; and to justify the additional square footage requested. Chair Ebner opened the Public Hearing for Agenda Item No. 2. Mr. Bob Alderete, Resident on Birch Drive: • Reported that he lives across Highway 17 from this site at the Pruneyard Villas, which consists of 57 condos. • Advised that many of these condo units are two-story and face the hotel. • Reminded that he came before this Commission during the original request to raise concerns. • Said that his main concern is the amount of light impact on the condos at his complex. • Recounted that they have been bombarded with changes and impacts over the last 20 years. • Said he is simply asking for whatever mode of lighting for this sign so that they are the less intrusive possible. He added that he is not sure if that would be internally lit or back lit. • Questioned comparing this sign to the one for Kohl's and Bed, Bath & Beyond in relation to height and square footage. • Reminded that the Kohl's sign is freestanding versus building mounted. The upper 40 percent of the Kohl's freestanding sign is dedicated to the text, "Welcome to Campbell." • Said that he understands the first amendment right to content but perhaps there is something that the applicant would be willing to do for the benefit of the City of Campbell. Commissioner Alster said that the Welcome to Campbell portion of the Kohl's sign makes sense because it is an entrance to Campbell. This is a different circumstance. She questioned how light from a sign located on an eight-story hotel building could adversely impact the second story of these nearby homes. Campbell Planning Commission Minutes for June 23, 2009 Page 6 Commissioner Alderete said that much like the Fry's sign; one's eyes are drawn to signs when they are lit at night. Fry's made accommodations to prevent light from spilling onto his development. He added that he wasn't suggesting a "Welcome to Campbell" element but just some concession. Chair Ebner closed the Public Hearing for Agenda Item No. 2. Commissioner Roseberry: • Said that with due respect to Citizen Alderete, he wanted to make a few points. • Reminded that this is an appropriate location for a hotel and that was discussed with the original approval. While the site is not completely away from residential housing, it is fairly removed. • Said that appropriate identification is necessary for this hotel site, some sort of a marker that visitors can see and head towards. • Added that the hotel itself is a benefit to the City of Campbell. • Agreed that there is no comparison with the Kohl's freestanding sign. There are so many differences. • Said that the height is appropriate as proposed, up near the top of the building. It makes sense. Lowering it would not look right. • Stated that he thinks that there is site light control through conditions of approval regarding parking and other lighting. • Reiterated that the proportion and lighting of this signage is appropriate. Commissioner Alster agreed and asked what the concerns are over horizontal versus stacked text. Chair Ebner said that the original approval already granted extra sign area and now they are asking for even more. He reminded that the original approval was for a hotel of a different name. Commissioner Alster advised that she worked as a graphic designer for 15 years. This design makes sense in this spot and is in good taste. Commissioner Gairaud: • Said that he is thankful that Marriott is moving forward with this project rather than sitting still. • Stated that the proposed sign is not different from what is used in most other locations. • Suggested staying with the currently approved sign area. • Agreed that this site needs marquee signage at the top. • Said that he would support this request. Chair Ebner: • Expressed disappointment that the applicant or a representative is not here to speak this evening. Campbell Planning Commission Minutes for June 23, 2009 Page 7 • Reminded that SARC was not supportive and wanted justification for their requests for the relocation of the signs, use of stack versus single line text and increased sign area. • Said that there was already controversy with the original request. • Reported that he was not originally supportive. • Stated that he has no problem with the hotel being there. • Stressed the need to be sensitive to the surrounding neighborhood, including the condos that are impacted by light at night. • Said that he had problems with the original sign approval and now has even more of a concern. • Stated he would not support this request. • Reiterated that he wished someone had been available to speak for the applicant. • Suggested that the signage previously approved was sufficient. Commissioner Gairaud reminded that the applicant was not in attendance at SARC either. Planner Tim J. Haley: • Agreed that the applicant did not make the SARC meeting. • Assured that staff followed up with the applicant following the SARC meeting and outlined the Committee's concerns. • Added that the applicant responded to those concerns by letter. • Said that the signing area can be approved up to 350 square feet. The applicant is proposing 122 square feet, an increase over what was approved at 84 square feet. • Pointed out that at the end of the applicant's letter, they state that they could reduce the sign area to 82 square feet for the northern elevation but they feel that the southern elevation is justified as proposed. Commissioner Roseberry asked staff if the photo simulations provided by the application are scaled with the proposed signs. Planner Tim J. Haley replied yes, as far as he can tell. Commissioner Roseberry pointed out that these signs don't appear to be significantly huge. Planner Tim J. Haley agreed that 84 versus 122 square feet sign is not very discernable at a seven story level. Commissioner Alster said that from a design perspective this is not overpowering signage and she would support it. Chair Ebner asked for verification that the applicant is willing to stick with 84 square feet on the southern side. Planner Tim J. Haley clarified on the northern side Campbell Planning Commission Minutes for June 23, 2009 Page 8 Commissioner Roseberry: • Said that in his opinion the slightly larger sign is not going to make that much of a difference in "annoyance" level. • Stressed the importance of having a good sign. • Pointed out that most of the traffic to this hotel will likely be coming from the east on the freeway. Chair Ebner said he wished that an elevation simulation had been provided depicting the signs lit at night. It's hard to judge at this point. Commissioner Gairaud questioned the sign placement (somewhat centered) on the northern elevation and suggested either sticking to the originally approved sign size or continuing this item to allow the applicant to better justify the size and placement. Chair Ebner said that again that this is the perfect site for a hotel but he still wants to stress the need to be more sensitive to Campbell and the neighborhood. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Alster, the Planning Commission recommended approval of a Sign Application (PLN2008-165) for two (2) building- mounted freeway-oriented signs for the Courtyard Marriott Hotel on property owned by HHG Development, LP, located at 655 Creekside Way, by the following roll call vote: AYES: Alster and Roseberry NOES: Ebner and Gairaud ABSENT: Gibbons and Rocha ABSTAIN: Alderete Director Kirk Heinrichs advised that this motion fails. Chair Ebner asked staff if the next motion has to be different. Can it be discussed further? City Attorney William Seligmann said that the Commission could reconsider its motion. Commissioner Roseberry: • Reiterated that the difference between 82 versus 122 square feet of sign area is not that great or that different for nearby residents. • Reminded that this area is specifically intended for commercial uses. • Said that the sign request should stand on its own merits. The applicant should not be penalized just for not being here. • Stated that this is an appropriate sign for this area. • Pointed out that if this hotel were in Las Vegas it would be much bigger. • Said he feels strongly that some compromise is in order. Campbell Planning Commission Minutes for June 23, 2009 Page 9 Commissioner Gairaud said he still has questions about sight line. He said that he still thinks smaller signs would be better and less impactful. Chair Ebner added that we are not Las Vegas. He asked if some sort of compromise is possible. Commissioner Roseberry: • Pointed out that the applicants didn't do themselves any favor with their elevations as they are only showing half of the building. • Said that the signs would look smaller when seen as part of the whole elevation. • Added that he is willing to compromise but does not think it is necessary. Commissioner Alster: • Said that this hotel site is tucked away and it could be difficult for guests to find it, especially at night. • Agreed that Campbell is more of a small town. • Cautioned that some who live in Campbell also like the Downtown living experience. • Recounted that there is a streetlight located just outside her bedroom window. She has to block it off but that is a part of living Downtown. • Said that it is unrealistic to keep Campbell small. Chair Ebner assured that he is not against development. He added that he is simply sensitive to the balance between the community itself and business growth. Director Kirk Heinrichs pointed out that the applicant has offered to stay at 82 square feet for the sign on the northern elevation. If he was not willing to do so, he wouldn't have included that option in his response letter to the SARC comments. Chair Ebner said he would support this request if the sign area for that sign went back to 82 square feet. Commissioner Gairaud reminded that this offer of reduction to 82 square feet is for the north but not the south elevation sign. Motion: Upon motion of Commissioner Gairaud, seconded by Commissioner Alster, the Planning Commission adopted Resolution No. 3949 recommending approval of a Sign Application (PLN2008-165) for two (2) building-mounted freeway-oriented signs for the Courtyard Marriott Hotel on property owned by HHG Development, LP, located at 655 Creekside Way, by the following roll call vote: AYES: Alster, Ebner, Gairaud and Roseberry NOES: None ABSENT: Gibbons and Rocha ABSTAIN: Alderete, Campbell Planning Commission Minutes for June 23, 2009 Page 10 Chair Ebner advised that this item would be considered by City Council at its meeting of July 21, 2009. Commissioner Alderete returned to the chambers for the next item. ** Chair Ebner read Agenda Item No. 3 into the record as follows: 3. PLN2009-57 Public Hearing to consider the application of Ms. Rachel Fenton, R. Fenton, on behalf of T-Mobile Wireless, for a Conditional Use Permit (PLN2009-57) to allow for the continued operation of an existing roof-mounted wireless telecommunications facility on property owned by Mr. Scott Cooley located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) 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: Stephen Rose, Planning Technician Mr. Stephen Rose, Planning Technician, presented the staff report as follows: • Advised that the applicant is seeking Conditional Use Permit approval to allow for the continued operation of an existing T-Mobile wireless facility. • Described the subject property as being zoned C-2 (General Commercial) with a General Plan land use designation of General Commercial. This allows for non- stealth telecommunications facilities with approval of a Conditional Use Permit. • Said that the site is located on the south side of Hamilton Avenue, between San Tomas Expressway and Darryl Drive. The property is surrounded by commercial uses on the north, east and west and by residential uses to the south. • Said that the site plan shows three antenna poles for T-Mobile that are set back from the roof edge to minimize visibility. The equipment cabinet is located toward the center and is not visible from the street. There are no changes proposed to the existing facility. The existing T-Mobile equipment minimizes visibility by using antennas that are lower in height and placing them away from the edge of the building. The elevations show that the antennas are partially screened by a parapet wall. • Reported that there are a total of four telecommunications carriers on site (Verizon, T-Mobile, AT&T and Sprint). • Informed that staff has received a petition from residents of the Cambridge Park HOA with concerns raised about safety and decline of property values as reasons for opposition to this request. • Stated that the FCC (Federal Communications Commission) has established exposure standards. FCC law prohibits cities from denying an application based on health concerns if the RFR emissions meet FCC standards. Campbell Planning Commission Minutes for June 23, 2009 Page 11 • Advised that the applicant requested an RF report to be prepared by Hammett & Edison, Inc. They found that the T-Mobile base station complies with the prevailing standards for public exposure. • Added that a representative from Hammett & Edison is available this evening. • Recommended that the Commission adopt a resolution approving this Conditional Use Permit allowing the continued operation of this T-Mobile wireless telecommunications facility. Commissioner Roseberry sought clarification that there are four carriers on site now. Planner Stephen Rose replied yes. Commissioner Roseberry asked if this application this evening is just for one carrier. Planner Stephen Rose replied yes, it is only for T-Mobile. Commissioner Gairaud pointed out that the original permit expired in 2003. That is five years ago. Planner Stephen Rose advised that it is a work plan item to be more up to date and catch up with telecommunications facilities that are expiring. Commissioner Gairaud asked if the 10 year approval per the conditions of approval is per Federal law. City Attorney William Seligmann said it is a State law requirement. Commissioner Alster sought clarification that due to State and Federal laws this use cannot be denied. Planner Stephen Rose clarified that it cannot be denied solely based on safety concerns. Commissioner Alster stated that it could be denied for other reasons. Commissioner Alderete asked staff what year the Cambridge development was constructed. Planner Tim J. Haley advised that it was approved in 1998 and completed approximately in 1999. Commissioner Alderete pointed out that the last permit expired in 2003. That means we've been running on fumes since them. He asked if the 10 year approval would be retroactive to the expiration date. Planner Stephen Rose said he believes that it would need to start now rather than retroactively but deferred to the City Attorney. Campbell Planning Commission Minutes for June 23, 2009 Page 12 City Attorney William Seligmann said that was a good question. Since the Use Permit is being treated as a new application, the approval would be for 10 years from now. Commissioner Alderete asked what protections will be put in place to catch these renewals. Is there a better system? Should the companies be penalized if they don't initiate renewals on time? Contract Planning Manager Ciddy Wordell advised that a system for follow up was not in place and renewals should have been enforced better. She assured that staff is developing a better way to follow up on these cycles into the future. Commissioner Alderete asked if this is part of the work plan that begins in July. Contract Planning Manager Ciddy Wordell said yes but added that staff has already started. Commissioner Alderete said that is good. He asked if staff has had the opportunity to review the neighbors' petition and has an opinion with regards to the concerns raised. Planner Stephen Rose: • Said that the majority of the concerns raised are safety considerations, which could not be a finding for denial. • Added that other concerns, such as declining property values, are offset by the fact that this is an existing facility so any impact has already occurred. • Said that the petitioners are suggesting a moratorium. • Advised that the Telecommunications Ordinance already has provisions to restrict the number of features allowed per site. Any new facilities would be required to provide plans and reasons for their choice of location as well as rationale for the techniques (equipment) proposed. Chair Ebner said that according to the City Attorney, this is a new application not an existing one. Planner Stephen Rose clarified that it is a new application for an existing facility. Chair Ebner asked if those rules would not then apply. Director Kirk Heinrichs said that the Ordinance relates to new sites and the number of facilities allowed on one site. Chair Ebner asked if the applicant would have to work with City inspectors on the weight and volume of equipment on this building as far as roof load. Director Kirk Heinrichs assured that a building permit is required. Chair Ebner asked if there is a limited number of appliances that can be put on a roof. Campbell Planning Commission Minutes for June 23, 2009 Page 13 Planner Stephen Rose said that as long as RF levels are not exceeded and if the site is determined to be safe, there is no reason to limit the number of facilities at a location. Chair Ebner opened the Public Hearing for Agenda Item No. 3. Ms. Carolyn Field, Resident on Cherry Blossom Lane: • Reported that she lives in the Cambridge Park neighborhood, which is within 300 feet of the T-Mobile antennas. They are also within 200 feet of the stealth tree tower at the other end of the parking lot at 700 W. Hamilton Avenue. • Said that her neighborhood initiated the petition to oppose this antenna. She said that her neighborhood consists of approximately 130 residents with 40 of them being children. There are two elementary schools in the immediate area, Rosemary Elementary and Veritas Christian Academy. • Stated her belief that there are widespread perceived health problems living so close to antennas. • Added that she is not here to prove that these health problems exist only that there is a perceived health problem. People feel that it is unsafe, which decreases property values, making it less marketable and valuable. • Advised that many U.S. cities have approved legislation prohibiting the installation of cell towers and antennas within 1,000 feet of schools because of the controversy over health hazards from exposure. • Said that in 2007, Hollister banned towers and antennas from open space, parks and public facilities. In 2006, the New York State Senate approved legislation that would prohibit the installation of cell towers and antennas within 500 feet of schools throughout New York City. • Added that in 2005, the Health and Safety Department of the International Association of Fire Fighters concluded that there is sufficient evidence to oppose any installation of cell phone antennas on fire stations. • Reiterated her opposition to this request and asked for a moratorium on new cell phone towers and antennas as Gilroy has done. She suggested that staff contact David Bishoff at Gilroy to learn more about their cell phone placement policy and study that city's ordinance. • Concluded that she realizes that cell phone towers and antennas need to be placed somewhere but they don't want a cluster in such close proximity to their neighborhood and schools. Commissioner Gairaud asked Ms. Carolyn Field when she purchased her property. Ms. Carolyn Field replied 2005. Chair Ebner asked Ms. Carolyn Field to provide copies of any written data she can provide to the Commission, including her statement from this evening. Campbell Planning Commission Minutes for June 23, 2009 Page 14 Mr. Michael Esquivel, Resident on Cherry Blossom Lane: • Said that he has been a resident since 2004 and is the Vice President of the HOA. • Added that he is a concerned resident. • Said that the 1996 Telecommunications Act restricts reasons to ban cell towers. • Said that there is the requirement to provide evidence of a need for a cell tower. There is not always a provable need. There is also consideration of the number of sites in a community. The determination can be made if there are too many. • Said that there are several towers on this site and no evidence as to whether there is interference with other devices. • Advised that per the American Cancer Society's viewpoint, although there is no proven link between cell towers and cancer, not enough studies have been done to determine if that is true. • Stated that although he understands Federal law, he feels that there are other bases upon which to ban cell sites. • Asked the Planning Commission to take a step back and evaluate if proper studies have been done. Commissioner Roseberry: • Thanked the neighbors for coming this evening and taking time from their lives to address the Planning Commission. • Stated his appreciation and said that this is the right way to get things done. • Asked Mr. Esquivel how many households in his development. Mr. Michael Esquivel said that there are 42 or 43. Commissioner Roseberry asked if they are all members of the HOA. Mr. Michael Esquivel replied yes. Mr. Kevin Janssen, Resident on Plum Blossom Lane: • Identified himself as the President of Cambridge Park HOA. • Said that he supports Michael Esquivel and Carolyn Field' s comments and position on this issue. • Asked if this is a new tower or pre-existing. Contract Planning Manager Ciddy Wordell replied that it is existing. Mr. Kevin Janssen asked if the RF study that was conducted was for one tower or all four carriers on site now. Contract Planning Manager Ciddy Wordell said that it was a very recent study that addressed all carriers on site. Mr. Kevin Janssen asked if it was done within the last 12 months. Campbell Planning Commission Minutes for June 23, 2009 Page 15 Contract Planning Manager Ciddy Wordell said that it was done within the last couple of weeks. Mr. Kevin Janssen said that he hopes that the Planning Commission takes their comments seriously as this could pose a potential risk for their neighborhood. Chair Ebner assured Mr. Kevin Janssen that public testimony is taken seriously every time. Commissioner Roseberry asked Mr. Kevin Janssen if he could confirm the number of households in the HOA. Mr. Kevin Janssen replied 42. Chair Ebner closed the Public Hearing for Agenda Item No. 3. Commissioner Alderete: • Said that it is great that members of the public came. It is the right way. • Added that while the Commission may not always agree, any comments from the public helps gives perspective. • Said he wished there was more public input. • Advised that if this request was for a new facility, the City could be in a stronger position to have them find another location. However, this one has been on this building for a long time. • Pointed out that there are two "schools" in this building itself, Gold's Gym and the Professional Culinary Institute. • Reported that he never takes to heart any study from the FCC. • Said that while he empathizes with the neighbors' concerns, this is not a new installation here. Commissioner Roseberry: • Said that the HOA representatives have put together a very effective presentation. • Pointed out that most people use cell phones and that many of the 42 homes at Cambridge Park have owners who likely have and use cell phones. • Said that in reality EMR (Electro Magnetic Radiation) is all around us. • Reminded that this facility has been here for several years, albeit under the radar for a few of those years. • Added that people have lived around it during that time. • Said that he does not have a big problem with it. • Stated that the neighborhood petition submitted represents about 10 of the 42 households of this development. Commissioner Gairaud: • Stated his concurrence. • Said that he too appreciates the community participation. Campbell Planning Commission Minutes for June 23, 2009 Page 16 • Added that this cell tower existed when this development was created. It is an existing facility. • Said that some of the other carriers on this site would be back for renewal too. • Stressed the importance of community input and voice. • Said he would support this request for continued use. Commissioner Alderete pointed out that participation rate is typically just 1 percent. Therefore having 10 of 42 signing this petition actually represents an extraordinary level of participation. He added that he hopes that there is a future Planning Commissioner amongst this group. Chair Ebner: • Said that he too was very impressed with this group. • Agreed that if this were to be a new facility, the Commission could take a harder line. • Assured that these neighbors have raised questions that he would review further. They have offered compelling arguments to think about in the future. • Reminded that this is, unfortunately, an existing facility. • Added that none of us knows about "perceived" health impacts. Commissioner Alster: • Agreed that if this were a new installation, it might be time to look at a moratorium for this location. • Reminded that this request cannot be denied based on health concerns. There is no hard evidence if health impacts are a reality. • Said that the City will be well advised to look at this in the future with new facilities. • Advised that there is not enough to oppose this request. Chair Ebner asked Mr. Michael Esquivel and Ms. Carolyn Field to provide their written items for further study in the future. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Gairaud, the Planning Commission adopted Resolution No. 3950 approving a Conditional Use Permit (PLN2009- 57) to allow for the continued operation of an existing roof-mounted wireless telecommunications facility on property owned by Mr. Scott Cooley located at 700 W. Hamilton Avenue, by the following roll call vote: AYES: Alster, Ebner, Gairaud and Roseberry NOES: Alderete ABSENT: Gibbons and Rocha ABSTAIN: None Chair Ebner advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Campbell Planning Commission Minutes for June 23, 2009 Page 17 *** City Attorney William Seligmann advised that he must recuse from the next item as his office has an outstanding fee due from one of the parties of this project. Attorney John Barisone will be available by phone to answer any legal questions. Chair Ebner read Agenda Item No. 4 into the record as follows: 4. PLN2009-48 Public Hearing to consider the application of Mr. Ryan Leong, Leong, R. on behalf of Merrill Gardens at Campbell, LLC, fora 12-month extension (PLN2009-48) for a previously approved Planned Development Permit (PLN2006-165) to construct amixed-use development consisting of 99 senior rental apartments, 28 non-age restricted apartments, a 21-unit dementia facility and 16,043 square feet of retail/restaurant use on property owned by Merrill Gardens at Campbell, LLC, located at 2041-2127 S. Winchester Boulevard in a P-D (Planned Development Zoning District. A Mitigated Negative Declaration was previously approved for this project. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Steve Prosser, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Advised that the applicant is seeking a 12-month Extension of Approval of a previously approved Planned Development Permit (PLN2006-165) to construct a mixed-use development consisting of 99 senior rental apartments, 28 non-age restricted apartments, a 21-unit dementia facility and 16,043 square feet of retail/restaurant use. • Described the project site as consisting of approximately 3.7 acres over six parcels. The properties are currently developed with 31,000 square feet of commercial space and two residential units. There are commercial uses to the north, south and east of the site and residential uses to the west. • Reported that the applicant submitted a written letter of request (attachment 3) that outlines the reasons for this extension including the unforeseen collapse of the housing and lending markets; their good faith efforts in submitting construction documents; and the benefits of the proposed low-cost senior housing units included in this project. • Added that the applicant has the burden of proof to establish that good-faith efforts have been made to fulfill the requirements of the approval. This action fora 12- month continuance can be approved by the Community Development Director. However, the Director may defer action to the Planning Commission for a decision. Due to the complicated nature of this project and its high-profile location, the Director decided to refer this to the Commission. • Informed that the General Plan Amendment approved in December 2007 does not expire. The Use Permit for the establishment of the dementia unit would also fold into this time extension. The Tree Removal Permit and Master Sign Program are Campbell Planning Commission Minutes for June 23, 2009 Page 18 still in effect as long as the PD Permit is valid and this 12-month extension would also extend those entitlements. • Said that a preliminary landscape plan depicts an open courtyard area and includes 90 trees. The proposed architectural style is Mission. Details include stucco walls, red clay the cement roofing, divided light windows, cornice moldings, Juliet balconies, covered walkways with open arches and a variety of roof heights. The storefront uses undulation for articulation. While 177 parking spaces are required, 182 are provided. A Mitigated Negative Declaration was adopted in 2007. • Recommended that the Planning Commission adopt a resolution approving a 12- month extension of this Planned Development Permit. Commissioner Alderete asked if this would count against the total number of General Plan Amendments allowed in a year. Planner Steve Prosser said no. The General Plan Amendment is already approved and does not expire. This extension does not modify that. It is not a new General Plan Amendment. Commissioner Gairaud: • Said that he would have liked to see a comparison chart of what is approved versus what would be required under the new Winchester Boulevard Master Plan. • Added that he is not so much concerned about on-site improvements but more so with off-site requirements. • Said that this would offer a good opportunity to ensure that this new Winchester Plan is considered. Planner Steve Prosser said that the Winchester Plan includes issues such as lighting, sidewalks and use of bulb outs. This application already includes that. There is potential need of an additional two to four feet of sidewalk area which would require buildings to be relocated. Commissioner Gairaud asked about undergrounding. Planner Steve Prosser said that requirement is including in the conditions. Commissioner Alderete: • Said that this project was really forward looking and including issues such as bulb outs and street improvements. • Reminded that the Planning Commission allowed for a bulb out on the west side of Winchester. The City Council added one to the east side of Winchester Boulevard too. Therefore this applicant is responsible for improvements to both sides of the street. Planner Steve Prosser said that is correct. That is up to a certain amount of total cost, which he believes is $220,000. Chair Ebner opened the Public Hearing for Agenda Item No. 4. Campbell Planning Commission Minutes for June 23, 2009 Page 19 Chair Ebner closed the Public Hearing for Agenda Item No. 4. Commissioner Roseberry: • Said that he had wondered about this project and is glad to see it coming for renewal. • Reminded that everyone worked hard on this project through numerous meetings and study sessions. • Reiterated that he is glad to see it kept alive for another year. Commissioner Alderete: • Said that he sees a number of folks in the audience. • Reminded that the Commission took input from nearby residents at the original hearings. • Stated that overall this is one of the best designed and well integrated projects he has seen in Campbell. • Added that staff went a long way with details and this project will add to the available housing stock for seniors. • Reported that he has visited another facility owned by this organization and he is convinced that they are the right ones to do this. It is a top notch outfit. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3951 granting a 12-month extension (PLN2009-48) for a previously approved Planned Development Permit (PLN2006- 165) to construct amixed-use development consisting of 99 senior rental apartments, 28 non-age restricted apartments, a 21-unit dementia facility and 16,043 square feet of retail/restaurant use on property owned by Merrill Gardens at Campbell, LLC, located at 2041-2127 S. Winchester Boulevard, by the following roll call vote: AYES: Alderete, Alster, Ebner, Gairaud, and Roseberry NOES: None ABSENT: Gibbons and Rocha ABSTAIN: None Chair Ebner advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The report was accepted as provided. Campbell Planning Commission Minutes for June 23, 2009 Page 20 ADJOURNMENT The Planning Commission meeting adjourned at 9:20 p.m. immediately to a Study Session and subsequently to the next Regular Planning Commission Meeting of July 14, 2009. SUBMITTED BY: n .Shinn, R~cor~g Secretary APPROVED BY: Mark Ebner hair ATTEST: ~~ Ciddy Word I, Acting Secretary