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PC Min - 04/27/2010CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. APRIL 27, 2010 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of April 27, 2010, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Gibbons and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Elizabeth Gibbons Michael Rocha Theresa Alster Jeffrey Cristina Mark Ebner Philip C. Reynolds, Jr. Bob Roseberry Commissioners Absent: None Staff Present: Planning Manager: Paul Kermoyan Associate Planner Steve Prosser Assistant Planner: Daniel Fama City Attorney: William Seligmann Recording Secretary: Corinne A. Shinn APPROVAL OF MINUTES Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Cristina, the Planning Commission minutes of the meeting of April 13, 2010, were approved. (5-0-0-2; Commissioners Ebner and Rocha abstained) COMMUNICATIONS 1. Two desk items for Agenda Item No. 5. Campbell Planning Commission Minutes for April 27, 2010 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. *** PUBLIC HEARINGS Chair Gibbons read Agenda Item No. 1 into the record as follows: 1. PLN2010-12 Continued Public Hearing (from the Planning Commission Midway Signs meeting of March 23, 2010) to consider the application of Midway Signs, on behalf of the Campbell Church of Christ, for a Sign Application (PLN2010-12) to allow a manual readerboard sign on property owned by Campbell Church of Christ located at 1075 W. Campbell Avenue in a P-F (Public Facilities) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Project Planner: Daniel Fama, Assistant Planner Mr. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Advised that a readerboard sign was previously approved by the Commission. Subsequent to that approval, the applicant came up with an alternate design with a V-shaped configuration that was inconsistent with the Sign Ordinance to deal with a setback issue that would have required the originally approved sign to be located in the public right-of-way. • Reported that since the last hearing on March 23, 2010, the applicant has met further with staff and the plan is to have them revert back to their originally approved sign with an allowance for a minor encroachment into the right-of-way through an agreement with the City. • Recommended a continuance to a date uncertain. If the agreement is executed, this item will not need to return to the Planning Commission. Chair Gibbons opened the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Cristina, seconded by Commissioner Rocha, the Planning Commission CONTINUED TO A DATE UNCERTAIN consideration of a Sign Application (PLN2010-12) to allow a manual readerboard sign on property owned by Campbell Church of Christ located at 1075 W. Campbell Avenue. (7-0) *** Campbell Planning Commission Minutes for April 27, 2010 Page 3 Chair Gibbons read Agenda Item No. 2 into the record as follows: 2. PLN2009-132 Public Hearing to consider the application of Ms. Jennifer Skillings, J. Skillings, on behalf of Santa Clara Development, for a Minor Modification (PLN2009-132) to a Planned Development Permit (PLN2007-173) to modify the previously approved design to allow for incorporation of roof decks on properties located at 651, 655 & 671 W. Hamilton Avenue in a C/P-D (Condominium/Planned Development) Zoning District. A Mitigated Negative Declaration was approved with the original project. Planning Commission action final unless appealed in writing to the City Clerk within 10 calendar days. Daniel Fama, Assistant Planner Mr. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Advised that staff is recommending a continuance to the next meeting to allow additional preparation time to review materials submitted by the applicant. Chair Gibbons opened the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Reynolds, the Planning Commission CONTINUED TO ITS MEETING ON MAY 11, 2010, consideration of a Minor Modification (PLN2009-132) to a Planned Development Permit (PLN2007-173) to modify the previously approved design to allow for incorporation of roof decks on properties located at 651, 655 & 671 W. Hamilton Avenue. (7-0) *** Commissioner Reynolds advised that he must recuse from Item No. 3 due to a conflict of interest. He left the dais and chambers. Chair Gibbons read Agenda Item No. 3 into the record as follows: 3. PLN2009-80 Public Hearing to consider the application of Mr. Jason Osborne, J. Osborne, on behalf of Crown Castle, Inc., for a Conditional Use Permit (PLN2009-80) for the continued operation of an existing Verizon wireless monopole cell site on property located at 910 S. 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. Steve Prosser, Associate Planner Campbell Planning Commission Minutes for April 27, 2010 Page 4 Mr. Steve Prosser, Associate 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 monopole site on property located at 910 S. McGlincy Lane, which is on the east side of S. McGlincy between Curtner and E. McGlincy. • Said that the surrounding uses are industrial to the north, west and south and industrial/residential to the east. The zone is M-1-S (Light Industrial). • Described this installation as consisting of an existing 75-foot high pole with an existing fenced equipment area. It was originally established in 1989 through an administrative approval. In 1997, the site was intensified with the addition of a dish antenna. • Reported that the City updated its Wireless Telecommunications Ordinance in 1998, at which time a limited timeframe for wireless approvals was established. • Recommended that the Commission approve the continued use of this wireless site for 10 years. This application was not reviewed by SARC as there it represents an unmodified continued use. Chair Gibbons opened the Public Hearing for Agenda Item No. 3. Chair Gibbons closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Alster, the Planning Commission adopted Resolution No. 3981 granting a Conditional Use Permit (PLN2009- 80) for the continued operation of an existing Verizon wireless monopole cell site on property located at 910 S. McGlincy Lane, subject to the conditions of approval, by the following roll call vote: AYES: Alster, Cristina, Ebner, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: Reynolds Commissioner Reynolds returned to the dais and chambers at the conclusion of Agenda Item No. 3. *** Commissioner Rocha advised that he would need to recuse from Item No. 4 as he resides within noticing distance of the project site. He left the dais and chambers. Chair Gibbons read Agenda Item No. 4 into the record as follows: Campbell Planning Commission Minutes for April 27, 2010 Page 5 4. PLN2010-18 Public Hearing to consider the application of Mr. Gregory Whiteside, G. Whiteside for an Extension of Approval (PLN2010-18) of a previously approved 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 currently approved for a lot split 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. Project Planner: Steve Prosser, Associate Planner Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Advised that the applicant is seeking atwo-year Extension of Approval for a Planned Development Permit to allow him sufficient time to record the final Parcel Map and begin construction. • Explained that the original Planned Development and Parcel Map approvals were granted by Council on March 18, 2008, via Ordinance 10886, to allow two residential lots, one new single-family residence and the remodel of an existing single-family residence. • Reported that the State of California extended maps for up to three years, therefore automatically extending this map to March 18, 2012. • Said that the project site is surrounded by residences on all sides. • Stated that the elevations incorporate two-story traditional architecture that includes covered porches and decorative garage and entry doors. • Informed that the applicant has shown good faith efforts to complete this project in a timely manner that was complicated by extensive City requirements. • Recommended the granting of a two-year Extension of Approval to allow this applicant to complete his project with the added condition clarifying that any minor modifications can be done through discretionary review without the need to go back to Council but any changes to the size, setbacks and/or height would come back to the Planning Commission and forwarded on to Council with recommendations for action. Commissioner Roseberry asked staff to clarify the reasons for the inability of this applicant to record his parcel map. Planner Steve Prosser said that the final step required is for the applicant to secure the signature of approval by a lender. Due to the current economic downturn, this applicant was unable to secure that required signature. Chair Gibbons opened the Public Hearing for Agenda Item No. 4. Mr. Gregory Whiteside, Applicant: • Advised that he has since arranged for alternate financing and will go ahead immediately with this project. Chair Gibbons closed the Public Hearing for Agenda Item No. 4. Campbell Planning Commission Minutes for April 27, 2010 Page 6 Motion: Upon motion of Commissioner Cristina, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3982 recommending that Council grant atwo-year Extension of Approval (PLN2010-18) of a previously approved 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 currently approved for a lot split owned by Mr. Gregory Whiteside located at 190 Sunnyside Avenue, with the amended conditions of approval, by the following roll call vote: AYES: Alster, Cristina, Ebner, Gibbons, Reynolds and Roseberry NOES: None ABSENT: None ABSTAIN: Rocha Commissioner Rocha returned to the dais and chambers following the conclusion of Agenda Item No. 4. *** Chair Gibbons read Agenda Item No. 5 into the record as follows: 5. CIP2011-2015 Public Hearing to consider the City of Campbell's 2011-2015 Staff Capital Improvement Plan for citywide projects for consistency with the City's General Plan. Tentative City Council Meeting Date: May 15, 2010. Project Planner: Paul Kermoyan, Planning Manager Mr. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Advised that a review of the CIP is required per Government Code. The Planning Commission reviews the CIP items for consistency with the General Plan and forwards its recommendation to the governing body (City Council). • Explained that public improvements costing more than $25,000 are included on a five-year Capital Improvement Plan list that is reviewed each year. • Said that the 2011-2015 CIP contains 13 items. Eleven of the items are carried over from previous years and two items are new. • Apologized for not tying the new items more closely to the corresponding provisions of the General Plan as questions were raised by a couple of Commissioners. • Reported that as a result of questions raised by members of the Commission, he had sent a clarifying memo by email, copies of which are available this evening as a desk item. The questions raised were related to the acquisition of police handgun replacements. The CIP includes that action in 2013-2014. Follow up questions were the length of time guns are used and what types of guns other local cities use. A second follow up email was prepared and distributed, copies of which are available as a table item this evening. Campbell Planning Commission Minutes for April 27, 2010 Page 7 • Reported that the Police Chief has made the determination that the life expectancy of their guns is between 14 and 15 years. • Advised that other questions raised were about purchase of radio equipment. This equipment purchase is necessary to support aCounty-wide project to create consistency. • Explained that in the past, the Commission provided an environmental assessment of the entire CIP, item by item. That is difficult to do when there are not enough details available for a project projected out four or five years into the future. • Said that staff looked at the process used by other cities. • Added that since the CIP is a policy document it is exempt under CEQA from environmental review. Appropriate CEQA review will be conducted for each item at the time each project actually goes forward. • Reiterated that the role of the Commission tonight is to look at the projects and tie each one into General Plan policies and forward a favorable recommendation of consistency with the General Plan on to Council. Chair Gibbons said that staff has provided a helpful explanation that clarified that the Commission's purview is not specific expenditures or timing of projects but rather consistency of each proposed project with the General Plan. Staff further clarified that this policy document is Categorically Exempt from the CEQA process. Commissioner Roseberry added that the Commission is not making any budgetary decisions but rather checking to make sure nothing is inconsistent with the General Plan. He said he is curious about including replacements of handguns as a CIP project. He asked if the purchase of additional squad cars would be included too. Planning Manager Paul Kermoyan said that new cars would be included in a CIP when they are scheduled for purchase. Chair Gibbons opened the Public Hearing for Agenda Item No. 5. Chair Gibbons closed the Public Hearing for Agenda Item No. 5. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Rocha, the Planning Commission took minute action to find the City of Campbell's 2010-2015 Capital Improvement Plan for citywide projects to be consistent with the City's General Plan and recommended to that the CIP be found Categorically Exempt under CEQA as a policy document rather than as a project. (7-OJ Chair Gibbons advised that Council would consider the CIP at its meeting on May 18, 2010. *** Chair Gibbons read Agenda Item No. 6 into the record as follows: Campbell Planning Commission Minutes for April 27, 2010 Page 8 6. PLN2010-67 Public Hearing to consider aCity-initiated Text Amendment Staff (PLN2010-67) to amend the Campbell Zoning Ordinance pertaining to Site and Architectural Review Permit Requirements (CMC § 21.42.020) that will achieve consistency with the San Tomas Area Neighborhood Plan, and the Planned Development Zoning District (CMC § 21.12.030) to correct text that is currently inconsistent with the intent of the provisions. The text amendments are exempt from the California Environmental Quality Act (CEQA) per 15061 (b) (3) whereby CEQA applies only to projects which have the potential for causing a significant effect on the environment and which the amendments will not cause such impacts. Tentative City Council Meeting Date: May 18, 2010. Project Planner: Paul Kermoyan, Planning Manager Mr. Paul Kermoyan, Planning Manager, presented the staff report as follows: • Advised that this Text Amendment seeks to clean up two items. One issue is the relationship between the Zoning Ordinance and the General Plan. • Explained that a comprehensive update to the General Plan was completed in 2001. In 2004, the Zoning Code was updated. The San Tomas Area Neighborhood Plan is a component of the General Plan. • Recounted that he was helping a customer at the front counter regarding a desired addition to a residence. At that time, he discovered an inconsistency between the General Plan and Zoning Code. • Reported that the second issue is unrelated text currently included in the Planned Development Zoning Ordinance that should be removed. • Said that this Text Amendment is Categorically Exempt under CEQA. Chair Gibbons said that the language proposed for deletion should remain. Planner Paul Kermoyan said that language doesn't appear to belong there. Chair Gibbons said rather it appears to be a typo or there is missing text. Commissioner Roseberry said the question is whether the text inadvertently got relocated here from elsewhere in the Code. Planner Paul Kermoyan had Planner Steve Prosser bring a complete Zoning Code into the meeting. Upon review of the existing text, it was determined that instead of removing text on this page it is more appropriate to keep Subsection E. Commissioner Reynolds stated for the record that he has a concern using State and Federal law in evaluating local uses. Chair Gibbons opened the Public Hearing for Agenda Item No. 6. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Reynolds, the Planning Commission adopted Campbell Planning Commission Minutes for April 27, 2010 Page 9 Resolution No. 3983 recommending that Council adopt a Text Amendment (PLN2010-67) to amend the Campbell Zoning Ordinance pertaining to Site and Architectural Review Permit Requirements (CMC § 21.42.020) that will achieve consistency with the San Tomas Area Neighborhood Plan, and the Planned Development Zoning District (CMC § 21.12.030) to correct text that is currently inconsistent with the intent of the provisions, by the following roll call vote: AYES: Alster, Cristina, Ebner, Gibbons, Reynolds, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Gibbons advised that Council would consider this item at its meeting of May 18, 2010. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Planning Manager Paul Kermoyan presented the Director's Report as follows: • Reported that the joint study session with Council on the Parking Ordinance would be delayed to a later date in June or July. ADJOURNMENT The Planning Commission meeting adjourned at 8:15 p.m. to the next Regular Planning Commission Meetin of y 11, 2010. /7 SUBMITTED BY: APPROVED B' ATTEST: rinnQ Shinn, Recording Secretary Paul Kermoyan, Acting Secretary