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PC Min - 09/22/2009CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 22, 2009 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 22, 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: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Commissioners Absent: None Staff Present: Planning Manager: Associate Planner: Assistant Planner: City Attorney: APPROVAL OF MINUTES Mark Ebner Elizabeth Gibbons Theresa Alster Jeffrey Cristina Philip C. Reynolds, Jr. Michael Rocha Bob Roseberry Paul Kermoyan Steve Prosser Daniel Fama William Seligmann Motion: Upon motion of Commissioner Reynolds, seconded by Commissioner Rocha, the Planning Commission minutes of the meeting of September 8, 2009, were approved as submitted. (5-0- 0-2; Commissioners Gibbons and Roseberry abstained) COMMUNICATIONS Chair Ebner took a moment to officially welcome the two newest members of the Commission, Jeffrey Cristina and Philip Reynolds, Jr. Campbell Planning Commission Minutes for September 22, 2009 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Commissioner Reynolds advised that he would need to abstain from the two items this evening as a result of a conflict of interest. He left the dais and chambers. Chair Ebner read Agenda Item No. 1 into the record as follows: 1. PLN2009-59 Public Hearing to consider the application of Mr. Mark Lobaugh, M. Lobaugh, on behalf of Verizon Wireless, for a Conditional Use Permit (PLN2009-59) to allow for the continued operation of an existing wireless telecommunications facility (two roof mounted antenna poles, associated panel antennas and equipment cabinet); the installation of three new panel antennas and supporting coax cable on the two existing roof mounted poles and the installation of one small GPS antenna on the existing roof mounted mechanical equipment cabinet 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: Steve Prosser, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Advised that the applicant is seeking Conditional Use Permit approval to allow the continued operation of an existing wireless telecommunications facility; the installation of three new panel antennas and supporting equipment on two existing roof mounted poles; and the installation of one small GPS antenna on the existing roof mounted mechanical equipment cabinet located at 700 W. Hamilton Avenue. • Reported that the previous Conditional Use Permit for this facility expired in 2003. • Described the property zoning as C-2 (General Commercial) and the General Plan land use designation as General Commercial. The C-2 Zoning allows for development of anon-stealth wireless telecommunications facility with the approval of a Conditional Use Permit. • Said that the project site is located on the roof of a three-story building on the south side of Hamilton Avenue, between San Tomas Expressway and Darryl Drive. The Campbell Planning Commission Minutes for September 22, 2009 Page 3 property is surrounded by commercial uses to the north, east and west and residential uses to the south. • Said that there are a total of three telecommunications carriers on the roof of this building including Verizon (the applicant tonight), T-Mobile and AT&T. • Explained that preferred placement for these facilities is that which is not visible to the public. This existing site includes monopoles that were originally placed as far from the roof corners as technically feasible at the time of construction. • Reported that the FCC has established RF exposure standards. The applicant requested an assessment report from Hammett & Edison, Inc., consulting engineers, to determine the safety levels of the existing facility. Their report concluded that this Verizon installation complies with the levels of exposure. • Stated that the original proposal supplied by the applicant included the continued operation of an existing wireless telecommunications facility, roof mounted antennas and equipment cabinet and the installation of three new panel antennas on a third antenna pole. The proposed modifications to the facility include the installation of a third monopole that was previously approved during the original Use Permit but not constructed. • Informed that SARC, at its meeting of September 8t", had considerable questions about whether the current project complies with Zoning Code regulations. The applicant and staff have provided responses to the Committee's questions and comments. On September 10, 2009, the applicant submitted a revised project description eliminating a component of the original request to construct a third roof mounted pole on which to attach three new panel antennas. • Added that the current project proposal in front of the Planning Commission this evening includes the continued operation of the two roof mounted poles with antennas and the installation of a total of three new panel antennas to be located on either one or both of the existing roof mounted poles and a new GPS antenna to be mounted on the existing equipment cabinet. • Said that after the September 8t" SARC meeting, staff completed additional analysis and based on current Zoning Ordinance regulations, both the original proposal and the applicant's revised proposal are not approvable as the current height is twice the maximum allowed. • Reported that reducing the height may eliminate the opportunity to install the additional panel antennas as the applicant has requested to meet current technical requirements. • Said that staff is recommending that the Planning Commission allow an additional roof mounted pole not to exceed approximately eight feet in height, as measured from the existing rooftop, for three new panel antennas and the continued operation of the existing antenna facility with the condition of approval that the existing antennas and support poles be lowered to a height not to exceed eight feet, as measured from the existing rooftop. • Advised that the applicant is present this evening. Commissioner Rocha asked why this was not brought forward sooner since the approval expired in 2003 or six years ago. Campbell Planning Commission Minutes for September 22, 2009 Page 4 Planner Steve Prosser: • Explained that the original Use Permit was granted in 1995 without term limits but in 1998 the City adopted a revised Wireless Telecommunications Ordinance that provided an amortization period for all existing telecommunications Use Permits. This amortization period expired in 2003. • Added that there was no trigger mechanism to revisit those applications as they expired. • Assured that there now is a procedure to do that and staff has been contacting facilities. Commissioner Roseberry asked if the staff recommendation includes lowering the height. Planner Steve Prosser replied yes. He explained that because of SARC's concerns and staff's recent additional analysis, the results of that analysis had not been provided to the applicant until Monday of this week. Staff attempted to contact the applicant at the end of last week to advise him of these changed conditions. Commissioner Roseberry asked if those changes have been incorporated into the staff recommendation. Planner Steve Prosser replied yes. Chair Ebner presented the Site and Architectural Review Commission report as follows: • SARC reviewed this project on September 8, 2009. • Said that there were questions about whether the existing antennas met current requirements. • Added that SARC asked if the changes met required findings and that staff had explained that there were no specific findings outside of the standard findings for a Use Permit. • Said that subsequent to the SARC meeting, staff has re-evaluated the project based on the current ordinance and found discrepancies between staff's SARC recommendations and the applicable development standards. • Suggested that the Commission continue consideration of this item to allow the applicant the opportunity to redesign their project to meet current regulations. Commissioner Roseberry said that perhaps the applicant might be willing to follow what is required with staff's new recommendations. Chair Ebner opened the Public Hearing for Agenda Item No. 1. Mr. Mark Lobaugh, Applicant, Complete Wireless: • Said he is representing Verizon. Campbell Planning Commission Minutes for September 22, 2009 Page 5 • Reported that he met with staff and SARC on September 8t" and left that meeting with the impression that all parties had reached a satisfactory conclusion as to design. • Added that they had agreed to consolidate the number of poles needed from three to two. • Advised that the poles are at 21 feet, which is the height the RF engineer has told him at which the network is designed to operate. This site is the hub for outlying locations and lowering them is going to be a technological mess for them, which may require additional poles throughout the city. • Reiterated that the current height was designed to minimize the number of poles in the City. They are placed in outlying areas to make the necessity of closer poles unnecessary. By lowering their poles, the need will be greater for additional poles throughout the city. • Said that T-Mobile and some of the other carriers are located on the fascia of this building and they have poles closer in because they operate at a lower frequency. • Said that it's not as simple as just saying, "make it 8 feet." It's more far-reaching than that. • Reminded that he was just informed of this on Monday and is dismayed by the fact of this change when there had been no mention of problems at SARC. • Requested approval and reminded that they have been at this location for a number of years. • Added that he is unsure if there have been complaints regarding this location but felt that this is not a big scenic problem. Commissioner Roseberry pointed out that there are other antennas situated at a lower level that seem to be working there. He asked Mr. Mark Lobaugh if it might not be possible to go back to their engineer to see how it works at a lower level. Mr. Mark Lobaugh said he could go back to their RF engineer but reminded that this application has been on the agenda for some time now and he was just informed yesterday that their tower is too high. That does not create a good feeling. Commissioner Roseberry asked Mr. Mark Lobaugh if he thinks there might be a benefit for them to take the time to have additional review of their proposal. Mr. Mark Lobaugh replied if the answer would be no without that additional review. Commissioner Rocha said that he is empathetic about the late notice of the changes and assured that was not done on purpose. He expressed support for a continuance in order to help put this together. Mr. Mark Lobaugh asked if a Variance might be possible. City Attorney William Seligmann advised that per Code the applicant can request a Variance for additional height. To do so would require review by an independent party Campbell Planning Commission Minutes for September 22, 2009 Page 6 that is paid for by the applicant and lays out the factors to be considered as to why the additional height is necessary. Mr. Mark Lobaugh said he was not sure he understood what is meant by independent review. Commissioner Roseberry said that a continuance would allow them to regroup and will benefit them. It would be beneficial to have the time to make the case for supporting the need for the height. City Attorney William Seligmann read from the Ordinance requirements that "the maximum height shall not exceed six feet above the parapet of the roof." That's an absolute max. Commissioner Gibbons pointed out that in the past maps of existing and proposed layouts and how they work have been provided. Mr. Mark Lobaugh said that they have done that. Commissioner Gibbons: • Said that such information would certainly help her. • Said that the goal is to ensure the most current technology is used. The Ordinance was written as the City didn't want to leave old technology just because it was convenient but rather wanted to be comfortable that it was getting the best and least obtrusive technology available. • Stated her support for a continuance to give the applicant the opportunity to put together more information. • Added that she felt that Mr. Mark Lobaugh has been put in an awkward position. • Cautioned that she did not want to see this applicant leaving this meeting with a result that he does not want but rather wants to find a successful solution for them. Mr. Mark Lobaugh: • Reported that this installation represents a fourth generation Verizon upgrade that represents the latest and greatest in technology. It offers extra band width and all of the bells and whistles. In terms of looks, they're still antennas. • Said that it might be possible that, if they are allowed to keep their existing height, they might be able to go with a ray dome configuration using radio frequency transparent material. Planning Manager Paul Kermoyan: • Expressed regret that staff had missed these height problems earlier in the process. • Assured that staff tries to inform an applicant early on if there are problems. Staff is here to help the applicant through the process but this is something staff simply didn't catch. • Stated that a continuance is a good idea to allow the applicant the opportunity to go back and work with their RF engineer to reconsider what a lowered height might be. Campbell Planning Commission Minutes for September 22, 2009 Page 7 • Added that the Code is what the Code is. The standard is for a maximum height of six feet above the parapet. As with any numerical standard, the applicant could propose a Variance if they want to depart from that maximum height standard. • Reminded that with a Variance there are five findings that have to be met. There has to be something unique about the property that is restricting Code conforming development. Those are always difficult to recommend approval on. Chair Ebner agreed that this was not intentional. SARC did ask staff to re-evaluate this and look at it again. He said that the Commission wants this to be a successful and happy application process but also wants the City requirements met. Mr. Mark Lobaugh pointed out that in the staff report it was mentioned that a conditional approval might be approved tonight contingent on a requirement for revised plans. Commissioner Gibbons listed options as including an up-or-down vote, postponement to allow preparation of new plans or approval with a condition for revised plans. Commissioner Roseberry said to state the options another way, one is approval as modified by staff, which requires the project to be brought in line with the Code. The second option is denial and the third option is a continuance. Commissioner Alster cautioned that if this is approved as modified and the RF engineer says they really need the height, that's not a good deal for the applicant. It would be better to continue. If it is determined not to be possible to reduce the height as the technology demands it and a Variance must be sought, it does not make sense to take action tonight. Commissioner Rocha said he was on board with the same thought and also supports a continuance. Planner Steve Prosser: • Said that if this is approved based on the staff recommendation and the applicant cannot meet the Code standards, the applicant would be required to submit a Variance application. • Added that if this application is continued tonight and the RF study determines that a height reduction won't work, the applicant would have to submit a Variance application. • Stated that the options include a continuance to see if a Variance is required or approval as long as Code requirements can be met. • Said that it would take a shorter time period with approval as long as the applicant can make it work within Code requirements. • Added that either path would work. Mr. Mark Lobaugh said that he leans toward a continuance at this point. Chair Ebner asked staff if there is a preference as to a continuance date. Campbell Planning Commission Minutes for September 22, 2009 Page 8 Planning Manager Paul Kermoyan: • Said that he would recommend a date certain but probably not the next meeting since a new RF study is necessary that demonstrates what height would work. Once that study is received, staff will be able to re-analyze the project and bring it back to the Planning Commission. • Advised that a date uncertain requires renoticing. A date certain won't require renoticing. However, if the date certain is too far out, staff would probably want to renotice anyway even though legally it is not required. Mr. Mark Lobaugh asked when the next meeting is scheduled. Chair Ebner said in two weeks. Mr. Mark Lobaugh agreed that two weeks would probably not be adequate and suggested the next meeting out from that one. Chair Ebner said that would be in one month. Planning Manager Paul Kermoyan said that is October 27, 2009. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission continued, to its meeting of October 27, 2009, consideration of a request for a Conditional Use Permit (PLN2009-59) to allow for the continued operation of an existing roof-mounted wireless telecommunications facility and the installation of three new panel antennas and supporting coax cable on property owned by Mr. Scott Cooley located at 700 W. Hamilton Avenue, by the following roll call vote: AYES: Alster, Cristina, Ebner, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: Reynolds *** Chair Ebner read Agenda Item No. 2 into the record as follows: 2. PLN2009-69 Public Hearing to consider the application of Mr. Mark Lobaugh, Lobaugh, M. on behalf of Verizon Wireless, fora Conditional Use Permit (PLN2009-69) to allow for the continued operation of a wireless telecommunications facility on an existing PG&E transmission tower and the installation of three new panel antennas and supporting coax cable on property owned by PG&E located at 701 Creekside Way in a P-F/O-S (Public Facilities/Open Space) 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: Daniel Fama, Assistant Planner Campbell Planning Commission Minutes for September 22, 2009 Page 9 Mr. Daniel Fama, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking approval of a Conditional Use Permit to allow the continued operation of an existing Verizon wireless facility and installation of three new panel antennas and GPS antenna on an existing PG&E transmission tower. • Reported that this PG&E substation is located at 701 Creekside Way, south of the new Creekside hotel. The tower is located at the northeast corner of the site. • Said that the property is zoned P-F/O-S (Public Facilities/Open Space) and allows for non-stealth telecommunications sites with issuance of a Conditional Use Permit. • Stated that the existing tower accommodates three panel antennas. This application would allow for the installation of three additional antennas at the top of the tower as well as a GPS antenna at the tower's mid point. The three proposed antennas would be at the height of the three existing antennas. The antennas are mounted to the PG&E lattice tower directly and would be colored in anon-reflective grey finish to blend into the tower. This is generally consistent with the design of the tower. • Recommended that the Planning Commission adopt a resolution approving this Use Permit for a period of 10 years as required under State law. Chair Ebner presented the Site and Architectural Review Committee report as follows: • SARC reviewed this item at its meeting on September 8, 2009, and had no objections. Chair Ebner opened the Public Hearing for Agenda Item No. 2. Mr. Mark Lobaugh, Applicant, Complete Wireless: • Said that he is representing Verizon Wireless. • Said that this site makes all the sense in the world and has been co-located here for a number of years. • Added that most people won't even notice that it's there. • Asked for approval. Commissioner Rocha said he commends what has been done to blend this in and said he has no issues. Chair Ebner asked the City Attorney if Commissioner Reynolds needs to return in order to formally recuse himself specifically for this item as he did for the first item. City Attorney William Seligmann said that is not necessary and it can just be put into the record (minutes) that Commissioner Reynolds has recused himself based upon his employment with AT&T. Chair Ebner closed the Public Hearing for Agenda Item No. 2. Campbell Planning Commission Minutes for September 22, 2009 Page 10 Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Alster, the Planning Commission adopted Resolution No. 3961 granting a Conditional Use Permit (PLN2009- 69) to allow for the continued operation of a wireless telecommunications facility on an existing PG&E transmission tower and the installation of three new panel antennas and supporting coax cable on property owned by PG&E located at 701 Creekside Way, by the following roll call vote: AYES: Alster, Cristina, Ebner, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: Reynolds Chair Ebner advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Commissioner Reynolds returned to the chambers and dais following the conclusion of Item No. 2. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The Director's Report was accepted as submitted. ADJOURNMENT The Planning Commission meeting adjourned at 8:00 p.m. to the next Regular Planning Commission Meeting of October 13, 2009. SUBMITTED BY: APPROVED BY: ATTEST: Corinne A. Shin~r,,.l}~Lrrding Secretary Mark Eb1~r, r \ Paul p~rm~b~ian, Secretary