City of San Carlos
San Carlos Planning Commission
October 15, 2007 7:00 PM
San Carlos City Hall Council Chambers
Approved Minutes
I. Meeting Called to Order
Chair Royce called the meeting to order at 7:00 pm.
II. Roll Call
All Commissioners were present
III. Approval of Minutes
M/S Thompson/Divney to approve the minutes of the September 04, 2007 Planning Commission meeting as amended.Motion passed 5:0:0.
M/S Divney/Iwasa to approve the minutes of the October 01, 2007 Planning Commission meeting as amended.Motion passed 5:0:0.
IV. Public Comment
None.
V. Public Hearing
a) Consideration of the application of Christopher Fowler of Verizon Wireless for a CONDITIONAL USE PERMIT and ARCHITECTURAL REVIEW pursuant to San Carlos Municipal Code Chapters 18.116, 18.118 and 18.124 to permit for the attachment of two cellular phone antennas to an existing cellular pole in the R1 (Single Family Residential) Zoning District at 920 Buckland Avenue, San Carlos (Assessor's Parcel Number 045-232-030).
Michael Fossati, Project Planner, made a presentation on the item and answered questions of the Commissioners.
Chris Fowler, project applicant representing Verizon Wireless and Russ Bentson for Verizon Wireless, were present to answer questions of the Commissioners.
Commissioner Thompson asked about the purpose of an antenna audit.
Michael Fossati, Planner I responded that the intent is to identify the owners of existing antenna. records
Chair Royce inquired about the need for standardization for minor additions and modifications to existing cellular structures.
Michael Fossati, Planner I responded that staff has indicated conditions for staff review.
Chris Fowler, applicant made a brief presentation on the Use Permit request of Verizon Wireless. He explained the coverage expansion the new antennas would bring.
Commissioner Iwasa questioned how long the construction activities will take and what time and days will it be done.
Chris Fowler, applicant, indicated the addition would take a half a day to install and a half a day to test. This process is usually completed in one evening.
Commissioner Iwasa asked about potential noise impacts to the residents.
Chris Fowler, applicant explained that a truck would be the extent of noise.
Commissioner Iwasa asked if there would be noticing to neighborhood prior to the installation process.
Chris Fowler, applicant, indicated that normally this is not part of the procedure.
Commissioner Iwasa expressed concern with any evening work that would be taking place.
Members of the public present were as follows:
- Michael Opalenik, 1 Anchor Lane, San Carlos, presented his concerns regarding noise associated with generators and other antenna equipment on or in the project site and vicinity of other utility installations adjacent to the site.
Chair Royce asked the applicant to address the noise issue further.
Russ Bentson, engineer for Verizon Wireless addressed the Commission stating that Verizon will be adding two antennas and will replace one antenna like for like. All the equipment is there and there will be no need for additional equipment. He indicated that Verizon needs more coverage.Regarding noise generated from the facility, he noted that Verizon has been receiving complaints of noise coming from the Nextel facility on an adjacent site.
Chris Fowler, applicant clarified further that he has called California Water and explained the noise issue. California Water thought a pump was going out and that created noise on the far side of the tanks.
Michael Opalenik, 1 Anchor Lane, San Carlos indicated his appreciation for efforts to determine the source of noise to date and encouraged that the City help in the efforts to resolve the issue with whomever is responsible.
M/S Divney/Thompson to close the public comment.
Commissioner Phillips stated within the Conditional Use Permit, Condition #5 would address noise.
Commissioner Iwasa noted the Planning staff should address noise issues, indicating this is a very quiet area.
Michael Fossati, Planner I pointed out that the Draft Conditional Use Permit addresses hours of installation.
Commissioner Divney suggested the Commission request the applicant to address the installation process. Questioning if the applicant would hang antenna during the day and run coax in the middle of the night.
Commissioner Iwasa indicated that noticing the neighbors of the installation would be a courtesy.
Commissioner Divney asked how Verizon was going to run the cables.
Russ Bentson, engineer of Verizon explained the run of coax and cables would be done at night as well as the cutover of equipment.
Chair Royce asked if there would be a security deposit to remove the equipment.
Greg Rubens, Deputy City Attorney indicated that language could be added which requires an agreement between the private parties.He noted that the City could be shown the agreement but unlike the City’s agreement for facilities in Burton Park, this is between private parties.
Chair Royce indicated wanting a $1,000 dollar minimum if estimate was greater than $1,000.
Greg Rubens, Deputy City Attorney stated the idea is to insure the removal of the equipment.
Commissioner Divney questioned whether there is a Security deposit or bond towards the performance.
Greg Rubens, Deputy City Attorney explained the City is trying to avoid the aesthetic impact of abandoned equipment.
Commissioner Divney expressed that he was not in favor of doing this for agreements between private parties.
Greg Rubens, Deputy City Attorney, responded that the City Attorney’s office could be shown an agreement for equipment removal.
Commissioner Divney indicated the intent would be to make the Conditional Use Permit contingent upon that clause.
Greg Rubens, Deputy City Attorney agreed.
Commissioner Phillips suggested revisions to Condition #6.
Commissioners Divney, Thompson and Iwasa were not in favor of a deposit.
Commissioner Thompson indicated the Commission would need to be sensitive to the noise impacts.
Commissioner Divney indicated the landscaping could abate the noise.
Michael Fossati, Planner I responded to the Commission.
M/S Thompson/Phillips to approve the Conditional Use Permit and Architectural Review for the proposed installation of two panel antennas and one replacement panel antenna on an existing 49-foot antenna support structure at 920 Buckland Avenue, San Carlos for the purposes of increasing wireless communication services in the City of San Carlos with the inclusion of Condition #9, which requires a security deposit for removal of wireless communication equipment placed on the pole.Motion passed 5:0:0.
b) Consideration of the application of Peter Ibarra, business owner of proposed Quiznos Subs, for a CONDITIONAL USE PERMIT, pursuant to San Carlos Municipal Code Chapters 18.72 and 18.124 to permit the operation of a deli-type facility, in the PM-2 (Planned Manufacturing) Zoning District at 990 Industrial Road, Suite #105, San Carlos (Assessor's Parcel Number 046-162-040).
Serena Ponzo, project planner, made a presentation on the proposal, provided the Commission with supplemental information regarding the application and answered questions of the Commissioners.
Peter Ibarra, business owner of the proposed Quiznos & applicant and Steve Mitchell, representing Black Mountain Properties, were present to answer questions of the Commissioners.
Commissioner Iwasa clarified that the space can only hold 49 persons, being only 12 seats with six employees and 31 people in line. How a maximum occupancy of 49 persons was determined.
Commissioner Iwasa asked about the condition which allows transference of the Use Permit with change of ownership.
Deborah S Nelson, Interim Planning Director explained that a Use Permit goes with the land when there is no substantial change to the use.
Commission Chair Royce asked where trash receptacles would be located.
Serena Ponzo, Planner II stated the applicant was agreeable to adding receptacles outside the Quiznos tenant space.
Steve Mitchell, Business Manager of Black Mountain properties stated the business is a great compliment to this building and to the other ownerships. Black Mountain will more than accommodate for trash, there will be a janitorial service in the building. He indicated the trash will be outside and the trash company manages the site every night. They do have an extensive recycling program for all tenants at the property that they can not impose only encourage tenants to use.
M/S Phillips/Divney to close the public comment.
Commissioner Divney indicated his approval of the project.
Commissioner Thompson agreed with Commissioner Divney.
Commissioner Iwasa opened a discussion of a transferability option.
Commissioner Divney stated the ownership of the entity would not matter.
Greg Rubens, Deputy City Attorney noted that the city could regulate the use not the ownership.
Commissioner Iwasa asked if there were anything that would prevent the addition of trash receptacles from happening.
Commission Chair Royce indicated that Steve Mitchell was already in tune with recycling.
M/S Phillips/Divney to approve the Conditional Use Permit for the proposed deli-type facility, Quiznos, at 990 Industrial Road, Suite 105, in San Carlos based on the findings and for the reasons incorporated in the Staff Report.Motion passed 5:0:0.
c) Consideration of the application of Michelle Dunn, business owner of proposed Kumon Learning Center, for a CONDITIONAL USE PERMIT, pursuant to San Carlos Municipal Code Chapters 18.86, 18.104 and 18.124 to permit the operation of an instructional facility in the PC (Planned Community) Zoning District governed by Ordinance Number 1289 at 165 El Camino Real, San Carlos (Assessor's Parcel Number 045-320-200).
Michael Fossati, project planner, made a presentation on the item and answered questions of the Commissioners.
Michelle Dunn, business owner of Kumon, was present to answer questions of the Commission.
Commissioner Thompson requested a site plan for thorough review of the project.
Michael Fossati, Planner I asked for a recess to submit a site plan to the Commission.
Commissioner Divney asked about the reference to 135 versus 136 parking spaces Chair Royce was interested in seeing more flexibility in the hours.
Commissioner Iwasa agrees there is more flexibility needed.
Chair Royce requested the applicant approach the podium.
Michelle Dunn, applicant explained the business plan for the Center and requested more flexibility with business hours, would like to operate from 7 a.m. to 7 p.m.
Chair Royce asked the applicant what the working hours would be.
Michelle Dunn, applicant responded from 7 a.m. to 8 p.m.
Commissioner Phillips asked what the operating days would be.
Michelle Dunn, applicant was highly agreeable to less restrictive hours of operation stated in the Use Permit.
Chair Royce suggested the deletion of Condition # 4 referencing student pick up.
Commissioner Iwasa expressed concerns with teenage students loitering outside of the Center.
Michelle Dunn, applicant explained the students at Kumon Learning Center are generally responsible.
Commissioner Phillips discussed this would be the responsibility of the parents and Kumon Learning Center.
M/S Divney/Phillips to close public comment.
Commissioner Phillips made a reference to Condition # 3 concerning the number of students at the Center.
Commissioner Iwasa noted Condition # 1 is limiting the business activity.
Greg Rubens, Deputy City Attorney stated the specific business activity would override the general activity.
Commissioner Iwasa asked where the outdoor storage would be, noticing this was not included in the Conditional Use Permit.
Michael Fossati, Planner I indicated there would be no room for outdoor storage.
Commissioner Iwasa inquired about the existing Conditional Use Permit and asked if approval of this permit would void the permit at the existing site.
Greg Rubens, Deputy City Attorney noted it would not if it was within five years of expiration.
Commissioner Thompson indicated he would not cast a vote of approval due to the lack of information.
Commissioner Divney asked the Commission their views concerning Condition #4.
Commissioner Phillips feels there is no need to restrict the students to the Center.
Commissioner Iwasa asked if the City would be liable at all for any incidents that may occur.
Greg Rubens, Deputy City Attorney noted the City would not be liable; the Learning Center’s lease is with the Shopping Center.
Chair Royce suggested the deletion of Condition # 4 and letting Condition # 7 remain as it stands.
M/S Divney/Phillips to approve the request for a Conditional Use Permit as conditioned for the proposed instructional facility, Kumon Learning Center, at 165 El Camino Real in San Carlos based on the findings, for the reasons incorporated in the staff report and as amended, including the deletion of condition #4 and the amendments to the business hours to allow hours of operation from 7am to 8pm seven days per week.Motion passed 4:1:0. (Nays, Thompson)
VI. Reports, Correspondence and General Information
a) Report on recent City Council actions
Deborah Nelson, Interim Planning Director, provided an update to the recently approved PAMF project, which will require additional Planning Commission review for ArchitecturalReview and a grading & dirt haul certificate.
b) Planning Commission comments or reports
Chair Royce discussed the status of approved action minutes from both Planning Commission and the Residential Design Review Committee being available on the website the day after the meeting.Additionally, he discussed the idea of scheduling a walking tour of the East Side industrial areas for the Planning Commission.
Deborah Nelson, Interim Planning Director, was designated to follow up with possibility of web improvements and tour of East Side Industrial area.
Commissioner Phillips mentioned the transit oriented housing tour which will be held on November 7th and will be hosted by Community Development Director, Al Savay.
c) Correspondence
Deborah Nelson, Interim Planning Director, explained the correspondence received regarding a second level addition which will be reviewed at a staff level.She indicated that based on the letter, staff will refer the item to RDRC.
d) Planning Staff comments, reports and updates of current projects
Deborah Nelson, Interim Planning Director, informed the Commission of upcoming items for review at the November 5th Planning Commission meeting, including an antenna application at 1390 El Camino Real, the proposed CUP renewal & Master CUP for Velocity Fitness and the review of an ordinance to replace the Interim Urgency Ordinances in the downtown area.
Deborah Nelson, Interim Planning Director, noted the kick-off meeting for the General Plan Advisory Committee (GPAC), to be held on October 17 at 6:30 PM in the Library
VII. Adjournment
Chair Royce adjourned the meeting at 8:50 pm.
