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Use Permit - Withdrawn - 2009Campbell Planning Commission Minutes for January 12, 2010 Page 3 feet. There is also a GPS antenna towards the bottom of the tower and a utility cabinet to be located within an existing equipment enclosure. • Reported that this current proposal is different from what was original brought forward to SARC in that the original design proposed increasing the height of the tower and installing the antennas at a 160 foot height. • Said that the panel antennas would be vertically mounted to the tower while the microwave dish antennas would extend out from the tower frame. All antennas are to be painted in anon-reflective grey finish to blend with the tower. • Recommended that the Commission adopt a resolution approving a Conditional Use Permit subject to the proposed conditions of approval. • Reminded that per State Law this action would represent a 10-year period of approval. Commissioner Rocha presented the Site and Architectural Review Committee report as follows: • SARC reviewed this application at its meeting on November 24, 2009. • Said that SARC was supportive of the efforts to eliminate the height. Added that SARC requested the provision of a master coverage plan by Clearwire LLC for the Campbell area. The applicant is working with staff to provide this information. Chair Gibbons opened the Public Hearing for Agenda Item No. 1. Chair Gibbons closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Roseberry, the Planning Commission adopted Resolution No. 3971 approving a Conditional Use Permit (PLN2009-128) to allow installation of wireless data equipment on an existing PG8~E transmission tower on property owned by Revival Presbyterian Church located at 1849 Pollard Road, by the following roll call vote: AYES: Alster, Cristina, Ebner, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: Reynolds Chair Gibbons advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. Commissioner Reynolds returned following the conclusion of Item No. 1. *** 2. PLN2009-17 PLEASE NOTE THAT THE APPLICANT HAS WITHDRAWN Azevedo, J. THIS APPLICATION. Continued Public Hearing to consider application of Mr. Jeff Campbell Planning Commission Minutes for January 12, 2010 Page 4 Azevedo, on behalf of West Valley Construction Co., Inc., for a Conditional Use Permit and Site and Architectural Review Permit to allow construction of a 4,907 square foot, first and second-floor addition (plus a 2,637 square foot basement) to an existing two- story office building on property owned by West Valley Construction Co., Inc., located at 580 E. McGlincy Lane. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Steve Prosser, Associate Planner Chair Gibbons reported that the applicant has withdrawn this application. *** MISCELLANEOUS 3. Discussion of the League of California Cities 2010 Planners Institute, which is scheduled for March 24-26, 2010, at the Monterey Convention Center, in Monterey, CA. Mr. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Explained that each year the League of California Cities conducts its Planners Institute, an annual conference geared to Planning Commissioners. The workshops offer training for Commissioner on subjects such as how to run a meeting and CEQA. • Reported that the City of Campbell typically sends one or two of its Commissioners to this conference. Usually, it is someone who has not yet gone before. • Advised that there are sufficient funds to send two Commissioners this year. The cost is approximately $1,100 per person. The City covers the conference registration and lodging. If members of the Commission attend, the Planning Manager also attends with them. • Suggested that the Commissioners discuss who should go this year. The Conference will be held in Monterey from Wednesday, March 24tH, through Friday, March 26tH Commissioner Rocha advised that Commissioner Gary Gairaud attended last year (2009). Chair Gibbons: • Recognized that there are three new Commissioners who have not yet attended. • Advised that she has gone to this conference and found it to be a marvelous experience. • Added that she was able to meet with representatives serving on other cities' Planning Commissions. • Said that participation is very beneficial. • Suggested that the Commissioners would determine who wanted to attend and advise staff soon. Staff Report • January 12, 2010 Continued Public Hearing to consider the application of Mr. Jeff Azevedo, PLN2009-17 for a Conditional Use Permit and Site and Architectural Review Permit Azevedo, J. (PLN2009-17) to allow construction of a 4,907 sq. ft., first and second-floor addition (plus a 2,637 sq. ft. basement) to a 5,920 sq. ft. two-story office building currently housing anon-conforming contractor equipment yard on property owned by West Valley Construction Co., Inc., located at 580 E. McGlincy Lane in an M-1 (Light Industrial) 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/Site and Architectural Review Permit request. BACKGROUND On December 8, 2009, the Planning Commission granted a continuance in order for staff to meet with the applicant to address questions regarding any relevant conditions that may be required if the project were approved. On December 10, 2009, staff met with representatives of West Valley Construction and answered many of their questions. However, the representatives needed to report back to their Board of Directors to determine if there remained an interest to pursue the project. On December 15, 2009, staff received a cancellation and withdrawal letter of the Conditional Use Permit/Site and Architectural Review 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 Heinrichs, Community Development Director Attachment 1 December 15, 2009 Steve Prosser Associate Planner City of Campbell 70 N. First Street, Campbell, CA 95008 Steve, We would like withdraw our application for a Conditional Use Permit/Site and Architectural Review Permit. Thank you, Jeff Azevedo West Valley Construction Co., Inc. Campbell Planning Commission Minutes for December 8, 2009 Page 3 2. PLN2009-17 Public Hearing to consider the application of Mr. Jeff Azevedo, on Azevedo, J. behalf of West Valley Construction Co., Inc., for a Conditional Use Permit and Site and Architectural Review Permit (PLN2009- 17) to allow construction of a 4,907 square foot, first and second- floor addition (plus a 2,637 square foot basement to be used for storage) to an existing 5,920 square foot two-story office building located on a site with 11,000 square feet of existing warehouse buildings currently housing a non-conforming contractor equipment yard on property owned by West Valley Construction Co., Inc., located at 580 E. McGlincy Lane in an 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: Steve Prosser, Associate Planner Chair Ebner reported that a request was received for continuance to the January 12, 2010, meeting. Chair Ebner opened the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Cristina, seconded by Commissioner Roseberry, the Planning Commission CONTINUED TO ITS MEETING OF JANUARY 12, 2010, consideration of a Conditional Use Permit and Site and Architectural Review Permit (PLN2009-17) to allow construction of a 4,907 square foot, first and second-floor addition (plus a 2,637 square foot basement to be used for storage) to an existing 5,920 square foot two-story office building located on a site with 11,000 square feet of existing warehouse buildings currently housing a non-conforming contractor equipment yard on property owned by West Valley Construction Co., Inc., located at 580 E. McGlincy Lane. (5-0-2; Commissioners Reynolds and Rocha were absent) *** Staff Report • December 8, 2009 PLN2009-17 Public Hearing to consider the application of Mr. Jeff Azevedo, on behalf of Azevedo, J. West Valley Construction Co., Inc., for a Conditional Use Permit and Site and Architectural Review Permit (PLN2009-17) to allow the construction of a 4,907 sq. ft. first and second floor addition (plus a 2,637 sq. ft. basement to be used for storage) to an existing 5,920 sq. ft. two-story office building located on a site with 11,000 sq. ft. of existing warehouse buildings currently housing anon-conforming contractor equipment yard on property owned by West Valley Construction Co., Inc., located at 580 E. McGlincy Lane in the M-1 (Light Industrial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Continue consideration of this Conditional Use Permit/Site and Architectural Review Permit application to the January 12, 2010 meeting of the Planning Commission in order for the applicant to determine whether to withdraw the application or proceed with the proposed addition. DISCUSSION This application was reviewed by the Site and Architectural Review Committee (SARC) at its November 24, 2009 meeting. At the SARC meeting, the applicant expressed a concern regarding the feasibility of actual construction of the addition and any relevant conditions that may be required if the project is improved. Due to uncertainty by the applicant in moving forward with the proposed application, a request for Continuance was received by staff to the next regularly scheduled Planning Commission meeting to be held on January 12, 2010. Attachment: 1. Applicant's Request for Continuance, received December 2, 2009. Staff Report -Planning Commission Meeting of December 8, 2009 PLN2009-11 - 580 E. McGlincy Lane Page 2 ,, Prepared by: Reviewed by: ;'~ Steve Prosser, ~~~ ~_.~ ~~ date Planner Paul Kermoy~a4i; Planning Approved by: ~'~ XLT _A~~''~ ~ I`~- Kirk Heinrichs, ~ommunity Development Director Attachment 1 Steve Prosser From: Jeff Azevedo [JeffA@wv-inc.com] Sent: Wednesday, December 02, 2009 3:50 PM To: Steve Prosser Cc: Chuck Kastigar; Jimm Vosburgh; Kevin Kelly; Mike Kelly Subject: Planning committe meeting -request for continuance Steve, We would like to request a continuance of our conditional use permit hearing, scheduled for December 7, until January 2010. Thank you, Jeff Azevedo West Valley Construction Co., Inc. 12/2/2009 November 25, 2009 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, December 8, 2009, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Mr. Jeff Azevedo, on behalf of West Valley Construction Co., Inc., for a Conditional Use Permit and Site and Architectural Review Permit (PLN2009-17) to allow construction of a 4,907 square foot, first and second-floor addition (plus a 2,637 square foot basement to be used for storage) to an existing 5,920 square foot two-story office building located on a site with 11,000 square feet of existing warehouse buildings currently housing anon-conforming contractor equipment yard on property owned by West Valley Construction Co., Inc., located at 580 E. McGlincy Lane in an M-1-S (Light Industrial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL KIRK HEINRICHS SECRETARY PLEASE NOTE: When calling about this Notice, please refer to PLN2009-17 Address: 580 E. McGlincy Lane