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Use Permit-Verizon-Withdrawn - 2009Campbell Planning Commission Minutes for November 24, 2009 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or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 *** PUBLIC HEARINGS Chair Ebner advised that Item 1 has been withdrawn by the applicant. PLN2009-59 Note that the applicant has withdrawn this application. Lobaugh, M. Continued Public Hearing (from the Planning Commission meetings of September 22, 2009 and October 27, 2009) to consider the application of Mr. Mark 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 *** Chair Ebner read Agenda Item No. 2 into the record as follows: Continued Public Hearing (from the Planning Commission meeting of October 27, PLN2009-59 2009) to consider the application of Mr. Mark Lobaugh, on behalf of Verizon Lobaugh, M. 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 the C-2-S (General Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission close the public hearing and take no action as the applicant has withdrawn the Conditional Use Permit request. BACKGROUND On October 27, 2009, the Planning Commission granted a second continuance to provide the applicant time to complete work with the wireless provider to address design issues that would achieve project compliance with all applicable city regulations. WITHDRAWAL On November 2, 2009, staff received a cancellation and withdrawal letter of the Conditional Use Permit application for the subject property (reference Attachment 1, Withdrawal Letter). Attachments: 1. Applicant's Withdrawal letter. Prepared by: Steve Prosser, Associate Planner Reviewed by: Paul Kermoyan, Planning Manager Approved by: Kirk Heinrich, Community Development Director Wireless Consulting, Inc. RECEIVED NOV A22p09 CITY OF CAMPBELL PLANNING DEPT. October 29, 2009 Steve Prosser Associate Planner City of Campbell Planning Department 70 North First Street, Campbell, California 95008-1423 RE: Cancellation and Withdrawal of CUP application / PLN2009-59 - 700 West Hamilton Ave Dear Mr. Prosser: On behalf of my client, Verizon Wireless, I would like to formally withdraw our application for approval of a Conditional Use Permit at the above mentioned project. You may forward any unused portion of our fees to my attention. Sincerely, Mark Lobaugh Complete Wireless, Project Manager Cc: Tom Miller, Verizon Wireless Alex Goetz, Complete Wireless 2009 V Street Sacramento, CA 95818 (916) 914-2114 fax Campbell Planning Commission Minutes for October 27, 2009 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Director Kirk Heinrichs advised that the applicant for Agenda Item No. 1 has requested a 30-day continuance. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Commissioner Reynolds advised that he would need to recuse himself from participation on Agenda Item No. 1 due to a professional conflict. He left the dais and chambers. Chair Ebner read Agenda Item No. 1 into the record as follows: PLN2009-59 Please note that the applicant has submitted a written Lobaugh, M. request fora 30-day continuance of this item fo the November 24, 2009, Planning Commission Meeting. Continued Public Hearing (from the Planning Commission meeting of September 22, 2009) to consider the application of Mr. Mark 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. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Reminded that this item was originally presented to the Planning Commission at its meeting on September 22, 2009. • Said that the application includes the installation of three additional antennas for which staff was recommending approval. Campbell Planning Commission Minutes for October 27, 2009 Page 3 Added that the Commission felt that the new antennas could be better integrated onto the site and continued consideration of this item to its meeting of October 27, 2009. Reported that the applicant has requested a 30-day continuance to allow them to work out the details of their proposal. Requests for continuances are typically granted. Chair Ebner opened the Public Hearing for Agenda Item No. 1 Motion: Upon motion and second, the Planning Commission continued to its meeting of November 24, 2009, consideration of 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 (4-0-2-1; Commissioners Cristina and Rocha were absent and Commissioner Reynolds abstained) Commissioner Reynolds returned to the chambers and dais following the conclusion of discussion on Agenda Item No. 1. *** Chair Ebner read Agenda Item No. 2 into the record as follows: 2. PLN2009-106 Public Hearing to consider the Text Amendment (PLN2009-106) Staff to modify Zoning Code Sections 21.10.040 (C-1/Neighborhood Commercial); 21.10.050 (C-2/General Commercial); 21.10.060 (C-3/Central Business District) to change massage establishments from a use requiring a conditional use permit to a permitted use consistent with State law and to Modify Sections 21.10.030 (P-O/Professional Office) and 21.10.070 (C- M/Controlled Manufacturing) to add massage establishments as a use requiring a conditional use permit. Staff is recommending that this project be deemed Exempt under CEQA. Tentative City Council Meeting Date: November 17, 2009. Project Planner: Tim J. Haley, Senior Planner Mr. Tim J. Haley, Senior Planner, presented the staff report as follows: • Reported that in 2008, the Governor signed Bill 731 regarding massage therapy businesses. One provision of the Bill was land review requirements. The Bill states that there shall not be different requirements for massage businesses than there are for other personal services. ITEM NO. 1 of ' cAM~e v~ r 0 o CITY OF CAMPBELL • PLANNING COMMISSION ~~ Staff Report • October 27, 2009 °RCrraR° Continued Public Hearing (from the Planning Commission meeting of PLN2009-59 September 22, 2009) to consider the application of Mr. Mark Lobaugh, on Lobaugh, M. 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 the C-2-S (General Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Continue consideration of this application to the November 24, 2009, meeting of the Planning Commission in order for the applicant to resolve outstanding issues with their client. BACKGROUND On September 22, 2009, the Planning Commission granted a continuance of this application based on the City's determination that the project, as presented, does not comply with the City's Wireless Telecommunication Ordinance. CONTINUANCE The application is requesting an additional 30-day continuance in order to complete work with the wireless provider to address design issues that will achieve project compliance with all applicable city regulations. ALTERNATIVES The Planning Commission may also consider the following actions if a determination is made that an additional continuance is not warranted: 1. Approve the Project accepting staff's September 22, 2009, recommendation to adopt a Resolution to allow the continued operation of an existing wireless telecommunications facility (roof mounted antennas and equipment cabinet), and installation of a third roof Staff Report -Planning Commission Meeting of October 27, 2009 PLN2009-59 - 700 W. Hamilton Avenue Page 2 of 2 mounted monopole with three new antenna panels, supporting coax cables, and the installation of one GPS antenna on the existing roof mounted equipment cabinet located at 700 W. Hamilton Avenue, incorporating the findings and Conditions of Approval presented in the September 22, 2009, staff report (reference Attachment 2); 2. Approve the Project as proposed by the applicant (reference Attachment 2) continuing the operation of the existing wireless facilities with the addition of a total three new panel antennas mounted to the existing roof mounted poles with a Condition of Approval to lower the maximum height of the antennas and support pole to eight feet as measured from the existing roof top. The applicant may be required to replace a portion of the parapet with RF compatible material; or, 3. Deny the project as presented, thereby requiring the applicant to submit a new Conditional Use Permit application that complies with current City Ordinance or the removal of all wireless antennas, support structure and associated roof mounted equipment. Attachments: 1. Applicant's Request for an Additional Continuance. 2. September 22, 2009, Planning Commission Staff Report and Attachments for PLN2009-59. Prepared by: St~Pro~ser, Associate Planner Reviewed by: Paul Kerr~foyl~n, Planning Manager Approved by: Community Development Director Attachment 1 RECEIVED ocr i s zoos CITY OF CAMPBELL PLANNING DEPT. October 16. 2009 Steve Prosser Associate Planner City of Campbell Planning Department 70 North First Street, Campbell, California 9soa~-1423 RE: Request for New Hearing. Date / PI.N2009-59 - 700 West Hamilton Ave Dear Mr. Prosser: We would like to request a 30 continuance of our scheduled hearing on the 27`h of October, to allow us mare time to work out the details of this project with our client. Please let me know the new scheduled hearing date once you have it scheduled.. Sincerely, ~"/'~ Mark Lobaugh .Project Manager, Complete Wireless (Agent for Verizon Wireless) 2009 V Street Sacramento, CA 95818 1916} 914-2114 fax