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PC Min - 07/13/2010CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. JULY 13, 2010 CITY HALL COUNCIL CHAMBERS TUESDAY The Planning Commission meeting of July 13, 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 Commissioners Absent: Staff Present: APPROVAL OF MINUTES Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Elizabeth Gibbons Michael Rocha Jeffrey Cristina Theresa Alster Mark Ebner Philip C. Reynolds, Jr. Bob Roseberry None Community Development Director: Planning Manager: Associate Planner: City Attorney: Recording Secretary: Kirk Heinrichs Paul Kermoyan Steve Prosser William Seligmann Corinne Shinn Motion: Upon motion by Commissioner Reynolds, seconded by Commissioner Rocha, the Planning Commission minutes of the meeting of June 22, 2010, were approved. (6-0-0-1; Commissioner Ebner abstained) COMMUNICATIONS 1. Revised plans for Item 1 showing compliance with height requirements. 2. A full set of conditions for Item 3 and correspondence from neighbors to the project. Campbell Planning Commission Minutes for July 13, 2010 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 recuse himself from Items 1 and 2 due to an employment conflict. Chair Gibbons read Agenda Item No. 1 into the record as follows: PLN2010-47 Continued Public Hearing (from the meeting of June 8, 2010) to James, C. consider the application of Ms. Charnel James, on behalf of Clearwire, LLC, for a Conditional Use Permit (PLN2010-47) for the installation of a wireless data communications facility on the roof of an existing commercial building with aground-mounted equipment cabinet within an existing fenced enclosure 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 a Use Permit for new wireless data communications antennas and ground-mounted equipment cabinet. Said that the antennas would be placed on existing tripod poles. • Described the site as being zoned C-2 (General Commercial) and the General Plan Land Use designation as General Commercial. This proposal is allowed with issuance of a Use Permit. • Explained that the installation would be on the roof of a three-story building located on Hamilton between San Tomas Expressway and Darryl. There are currently four carriers on this property: Verizon, T-Mobile, AT&T and Sprint. • Reported that the FCC establishes and oversees exposure standards. Federal law prohibits denial of a wireless installation based on health concerns. Levels as evaluated by an engineer have determined that the RF levels on this site are within acceptable standards. • Informed that on June 24th, the applicant contacted staff and advised that they had determined that they would be able to modify their design to a lower height as required to meet Ordinance standards. Campbell Planning Commission Minutes for July 13, 2010 Page 3 • Pointed out that a letter in opposition was included in the report as Attachment #7. It is signed by three individuals urging denial. • Recommended the adoption of a resolution granting this Use Permit. Commissioner Rocha provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project at its meeting on May 11, 2010. • Advised that SARC was not supportive of these new antennas being any higher than the existing Sprint antennas. • Added that SARC recommended an added condition indicating that these antennas may not be any higher than six-feet above the parapet. Chair Gibbons opened the Public Hearing for Agenda Item No. 1. Ms. Charnel James, Applicant and Representative for Clearwire: • Advised that since SARC met they had modified their design to lower the placement to a maximum of six-feet above the parapet. • Said she was available for any questions. Chair Gibbons asked if Clearwire has prepared along-range plan for Campbell. Ms. Charnel James replied that they are at the initial build-out stage in Campbell. While they think they may have enough sites, a few more are to be submitted in a couple of months. Once their system goes live, Clearwire will have a better idea if further expansion is necessary. Chair Gibbons again asked if abig-picture plan had been submitted for Campbell sites. Ms. Charnel James said that she believed so. Planner Steve Prosser added that there have been several generations of big-picture plans provided by Clearwire with other applications but not with this application. Ms. Charnel James said that the initial design was done last year. It was based on topography and expected usage. Chair Gibbons closed the Public Hearing for Agenda Item No. 1. Chair Gibbons asked staff for their input on the Commission's desire to have a clearer understanding of the big picture. This is another new wireless company coming into Campbell and there is a massive layering of cell sites in the City. Director Kirk Heinrichs said it appears the Commission is asking that providers submit a coverage map for the entire City indicating how many locations a particular carrier anticipates in the City of Campbell. He suggested that such plans could be provided to the Commission with the understanding that the plan could change in the future. Campbell Planning Commission Minutes for July 13, 2010 Page 4 Chair Gibbons said this information would give the Commission more knowledge and in the future the provision of such information would be appreciated. Planning Manager Paul Kermoyan clarified that staff does routinely ask for a wider coverage plan but finds carriers are reluctant to disclose their wider plan because they haven't always secured leases on proposed new locations. Director Kirk Heinrichs said that specific sites would not need to be called out but just a general area plan. Chair Gibbons said that she doesn't want to see Campbell used simply because carriers cannot get locations sited elsewhere but rather she wants to be sure that installations in Campbell are necessary to serve Campbell residents. Commissioner Roseberry said he agreed and added that knowing long-range plans could help facilitate co-locating sites. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Alster, the Planning Commission adopted Resolution No. 3992 granting a Conditional Use Permit (PLN2010- 47) for the installation of a wireless data communications facility on the roof of an existing commercial building with aground- mounted equipment cabinet within an existing fenced enclosure 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 Gibbons advised that this action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Gibbons read Agenda Item No. 2 into the record as follows: Campbell Planning Commission Minutes for July 13, 2010 Page 5 2. PLN2009-117 Continued Public Hearing (from the meeting of June 8, 2010) Cosgrove, J. to consider the application of Mr. James Cosgrove, on behalf of Clearwire, LLC, for a Conditional Use Permit (PLN2009- 117) for the installation of a wireless data communications facility on an existing monopole tower on property owned by Robert D. Cecil, Trustee, located at 910 S. McGlincy Lane in a 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 Mr. Steve Prosser, Associate Planner, presented the staff report as follows: • Reminded that this application was continued from the June 8th meeting. • Said that the applicant is seeking approval for a new wireless data communications facility on an existing monopole tower with aground-mounted equipment cabinet. • Described surrounding uses as industrial to the north, west and south and residential/industrial to the east. • Said that the site is zoned M-1-S (Light Industrial). • Reported that the existing 75-foot tall monopole is owned by Verizon. The site was recently granted a 10-year extension of approval. • Said that the applicant is requesting a height exception to allow one of their antennas to be placed at a 57-foot height on the existing 75-foot tall monopole. • Advised that there is an exception provision contained in the Ordinance. • Said that a report was provided by the applicant outlining their reasons why the 45- foot height limits cannot be met but those documents did not meet the standard for third-party review and also indicated that the site could function at 45 feet in height. • Reported that SARC's recommendations were incorporated into the conditions of approval. • Recommended that the Planning Commission adopt a resolution allow this Use Permit subject to a maximum height of 45 feet for all antennas. Commissioner Rocha provided the Site and Architectural Review Committee report as follows: • SARC reviewed this project at its meeting on May 11, 2010. • Said that SARC was not supportive above a maximum height of 45 feet and recommended a condition stating that limitation. • Added that SARC recommended additional landscaping to provide better screening along McGlincy Lane to the satisfaction of the Community Development Director. Chair Gibbons asked if the applicant had the opportunity to review the conditions. Are they accepting of them? Planner Steve Prosser said that the applicant would present their position this evening. Chair Gibbons opened the Public Hearing for Agenda Item No. 2. Campbell Planning Commission Minutes for July 13, 2010 Page 6 Mr. James Cosgrove, Applicant and Representative for Clearwire: • Thanked staff for the presentation. • Explained that Clearwire's technology is different from typical cell sites as it is a microwave line-of-site system. It is important that sites look at each other and be within two miles of each other. Sites are decided upon by population (Pop) gaps. • Informed that the network's Center Pop is located in San Jose with each site going into it. • Reported that they filed this application in 2009 but found that the existing Verizon tower and site was no longer in compliance and had to be renewed in order to be brought back into compliance before this new installation could be considered for approval. The 75-foot monopole was renewed on April 27tH • Added that the approval for the renewal of the monopole mandated that nothing be installed between the 75-foot top down to the 45-foot level. However, He advised that Clearwire's equipment will not work at that 45-foot height. • Informed that Clearwire's plan is to launch in four months. • Assured that they would comply with landscaping requirements and added that they are willing to do whatever is necessary to obtain this added height. Chair Gibbons thanked the applicant for an extremely informative presentation. Planning Manager Paul Kermoyan reported that another site that Clearwire is pursuing is at the Pruneyard where they propose placement of 17 antennas/dishes. This site is less than two miles away and will be a main hub. This is why staff feels that the dish on this site could be lowered and their own provided study supports that assumption. Commissioner Roseberry asked about Clearwire's Pruneyard proposal. Mr. James Cosgrove explained that the plan for the Pruneyard has undergone 12 revisions. The antennas are now proposed to be placed behind glass on the 17tH floor. Commissioner Roseberry asked if that means that they are not physically visible and also asked for verification on the number of antennas proposed. Mr. James Cosgrove said that installation at the Pruneyard was initially proposed for the roof. He added that the count is now up to 18 antennas. Commissioner Cristina pointed out that the first application considered this evening was also for another Clearwire site and they were able to meet the height limits. Commissioner Roseberry asked about afive-year plan. Mr. James Cosgrove said that RF engineers evaluate typical cell sites while backhaul is the term used for microwave equipment. He added that five years is a long time in wireless technology. Campbell Planning Commission Minutes for July 13, 2010 Page 7 Chair Gibbons said that if the Commission elects to grant this approval with a 45-foot maximum height, the applicant could come back later seeking a height exception with the necessary documentation to show they need that added height. At this time, nothing has been provided that justifies a deviation for the Ordinance limits. Planning Manager Paul Kermoyan said that staff had suggested that Clearwire submit a deposit for the City to use to secure an unbiased third-party engineering consultant to evaluate this proposal and substantiate the height required. Chair Gibbons reiterated the possibility of having the applicant return at a later date with the required third-party review report. Mr. James Cosgrove said that they had not done the best job with the materials provided by their engineer as a proper line-of-site study was not done. Chair Gibbons again said that nothing Clearwire has provided to date justifies a height increase. She suggested that the Commission could either vote for approval as conditioned by staff or defer their vote until such time that an independent study could be prepared. She reminded that the 75-foot tall tower is already in place. Mr. James Cosgrove added that they would paint their equipment to match or blend in with the tower. Chair Gibbons closed the Public Hearing for Agenda Item No. 2. Commissioner Roseberry: • Pointed out that this location is within an industrial area that serves as the "engine room" of Campbell. • Said that he is inclined to support the original application as the appearance of this tower would not be that different with the one new antenna placed at 57 feet. Commissioner Ebner agreed that the 75-foot pole already exists and the site is within an industrial area. He added that if the applicant is willing to do the necessary study this height likely could be made to happen. Chair Gibbons asked if a continuance is preferred to allow the study to be prepared. She pointed out that Commissioner Roseberry is already willing to support this request as it is. Commissioner Roseberry agreed. Commissioner Alster: • Agreed with the points made in that the 75-foot high monopole already exists and is located within an industrial area. • Added that she understands the maximum height standard but finds that in this case it is not difficult to support the added height. Campbell Planning Commission Minutes for July 13, 2010 Page 8 • Reminded that the applicant has stated this evening that the 45-foot height would not work. Chair Gibbons clarified that the applicant states their engineer's report conclusion that it would work was an error. That report had indicated that a 45-foot height would work. Commissioner Ebner: • Clarified that Clearwire's report indicated that this 45-foot height would work. The applicant is worried about future growth of trees. • Questioned whether approval above 45 feet would open a can of worms with future applications. • Said that the reason he can support this request for added height is because this pole already exists. • Said he does not want to see trouble down the road with other applicants wanting the same thing as a result of this approval. Chair Gibbons said that problems could arise for future applications without clear-cut documentation substantiating the need for added height in this case. Planning Manager Paul Kermoyan: • Said that while this location is within an industrial area it is also adjacent to a residential area. • Reiterated that granting a height exception requires the independent third-party study per the Code. Commissioner Ebner: • Said he tends to support staff's recommendation because he worries about impacts on future applications. • Reminded that the applicant is admitting that there were errors in the report they provided. Commissioner Rocha: • Said that although this is an industrial area, his concern is the potential impact on the Commission's ability to view applications on a case-by-case basis. • Said that he envisions someone asking, "If a 57 foot height was allowed on McGlincy, why not over here?" Commissioner Roseberry: • Said that the existing 75.5-foot monopole is already non-conforming due to its height. • Added that since this monopole is already there, why not use it? Chair Gibbons: • Said that this element proposed for placement at the 57 foot height is a large element that will show up. Campbell Planning Commission Minutes for July 13, 2010 Page 9 Said that just because the pole is there does not mean that the Commission should approve this height. Reminded that the Ordinance provisions allow a maximum height of 45 feet and exceptions to that limit require justification. Stressed the importance of not allowing a bad precedent. Commissioner Roseberry said that the maximum height for buildings is 45 feet. Commissioner Cristina: • Said that he likes this application and feels this is a good project. • Added that it might be a waste to not use the space available on this monopole. • Pointed out that this exception would contradict the immediately previous application from the same provider where added height was not allowed. • Concluded that he would like to see a report that justifies exceeding the standard for maximum allowed height. Chair Gibbons: Suggested four options. o Option #1 -approve as recommended by staff at a maximum height of 45 feet. o Option #2 -override staff's recommendation and allow one antenna at the 57 foot height. o Option #3 -Continue this item to allow the preparation of an independent report. o Option #4 -approve this project at the maximum height of 45 feet with a condition added to provide the Community Development Director the discretion to increase the height for one antenna to 57 feet if the independent report supports that action. Commissioner Ebner asked if allowing staff to make that decision based on the third- party report would create trouble in the future. Chair Gibbons said that the applicant would provide funding to the City for use in securing athird-party review and report. This condition would prevent the need to come back to the Commission if the report does substantiate the need for added height. Director Kirk Heinrichs said that staff is comfortable with that provision. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Cristina, the Planning Commission adopted Resolution No. 3993 granting a Conditional Use Permit (PLN2009- 117) for the installation of a wireless data communications facility on an existing monopole tower on property owned by Robert D. Cecil, Trustee, located at 910 S. McGlincy Lane, with the following amendments to the conditions: • The maximum height of all antennas is 45 feet; Campbell Planning Commission Minutes for July 13, 2010 Page 10 • If the applicant desires to place the microwave dish higher than 45 feet, a peer review, funded by the applicant and hired by the City, shall be conducted to confirm the additional height is required to operate the facility subject to the approved of the Community Development Director; by the following roll call vote: AYES: Alster, Cristina, Ebner, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: Reynolds Chair Gibbons advised this action is final unless appealed in writing to the City Clerk within 10 calendar days. Commissioner Reynolds returned for Item 3. *** Chair Gibbons read Agenda Item No. 3 into the record as follows: 3. PLN2010-91 Public Hearing to consider the application of Mr. Jeffrey Mar, Mar, J. on behalf of Heritage Realty Group, LLC, for an Extension of Approval (PLN2010-91) to extend a previously-approved Planned Development Permit (PLN2007-44) for afive-unit townhome development in conjunction with a previously approved Zone Change (PLN2007-43) and Tentative Subdivision Map (PLN2007-45) on properties owned by Heritage Realty Group, LLC, located at 258 & 268 Union Avenue in a P-D (Planned Development) Zoning District. A Mitigated Negative Declaration was previously approved for this project. Tentative City Council Meeting Date: August 3, 2010. 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 afive-unit townhome development that was originally approved by Council in June 2008. • Added that the original Parcel Map was granted an automatic three-year extension per State Law. The two parcels total approximately 16,000 square feet. One parcel has a single family residence (258 Union) and the other has two single- family residences (268 Union). The site is surrounded by residential uses. • Explained that justification for an extension of approval considers whether good faith efforts to complete the project in the time allowed were made. The current economic conditions can demonstrate that such an extension is warranted. • Recommended the granting of a two-year extension. Campbell Planning Commission Minutes for July 13, 2010 Page 11 • Pointed out that two desk items were provided this evening. The first is a corrected Attachment #2 (one page from the conditions of approval was missing from staff report) and correspondence in opposition based on concerns of traffic, safety, height and construction impacts. • Recommended approval. Commissioner Ebner asked if this extension would push out the approval of the Parcel Map for another two years to 2015. Planner Steve Prosser said that this extension would extend the timing from 2010 to 2012, which is the maximum recommended extension period per Ordinance. Chair Gibbons opened the Public Hearing for Agenda Item No. 3. Chair Gibbons closed the Public Hearing for Agenda Item No. 3. Commissioner Cristina said that the correspondence submitted indicated that the Commission at the time of original approval had some concerns and denied the project. He asked if any of the current members of the Commission who participated in the original hearing could elaborate. Commissioner Roseberry: • Explained that the owners of these two parcels (258/268 Union) also own a third adjacent property at the corner at Apricot and Union. • Said that the Commission's concern was the creation of an "orphan" lot with the development of just two of these three adjacent lots. • Added that the Apricot parcel has a public improvement requirement to widen Apricot Avenue that would greatly diminish the developable portion of that property. Commissioner Rocha added that the Commission had felt that it would be cleaner to incorporate that third corner parcel into this development. Commissioner Roseberry said that the project underwent several iterations and he is pretty happy with the ultimate design. The corner lot is developed with asingle-family residence and it would be hard to do anything else with it. Commissioner Ebner said that the privacy impacts on adjacent neighbors from this three-story design were raised as an issue. Chair Gibbons advised the Commission that they are not precluded from considering changes and/or additions to the conditions of approval with this extension of approval. Commissioner Rocha added that the project would be subject to the current Codes in effect at time of construction as there have been changes since the original submittal. Motion: Upon motion of Commissioner Cristina, seconded by Commissioner Reynolds, the Planning Commission adopted Campbell Planning Commission Minutes for July 13, 2010 Page 12 Resolution No. 3994 recommending that Council grant an Extension of Approval (PLN2010-91) to extend a previously- approved Planned Development Permit (PLN2007-44) for afive- unit townhome development in conjunction with a previously approved Zone Change (PLN2007-43) and Tentative Subdivision Map (PLN2007-45) on properties owned by Heritage Realty Group, LLC, located at 258 & 268 Union Avenue, 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 project for final action at its meeting on August 3, 2010. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Kirk Heinrichs provided the following additions to the written report: • At a special meeting held on June 29th, Council approved the Safeway project with the added condition that the opening in the wall leading onto Gale Drive be closed. • Announced that Vice Chair Rocha's current term on the Commission will conclude at the end of August. Vice Chair Rocha has decided not to apply for reappointment. ADJOURNMENT The Planning Commission meeting adjourned at 8:40 p.m. to Planning Commission Meeting of J y 27, 2010. r SUBMITTED BY: Corin~ e inn, Recording Secretary APPROVED BY: li~.~irL~' ~7 G~ ,, iz th Gibbons, air „~ .~ ATTEST: Kirk einri hs, Secretary the next Regular