City of Santa Clara
Meeting Minutes
Planning Commission
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
12/04/2024
The City of Santa Clara is conducting Planning Commission meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).
Via Zoom:
https://santaclaraca.zoom.us/j/91729202898
Webinar ID: 917 2920 2898 or
Phone:
1(669) 900-6833
Via the City’s eComment
The public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.
Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting; (Comments received after 12:00 PM on the day of the meeting will be made part of the public record but will not be read out loud during the meeting) and also before and during the meeting via eComment. Clearly indicate the project address, meeting body, and meeting date in the email.
Agendas, Staff Reports and associated documents for Planning Commission items may be viewed on the City's website at https://santaclara.legistar.com/Calendar.aspx 6:00 PM REGULAR MEETING
Call to Order
Chair Saleme called the meeting to order at 6:07 p.m.
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Pledge of Allegiance and Statement of Values
Commissioner Cherukuru read the Statement of Values.
Commissioner Crutchlow notified staff that would be arriving late to the meeting. Commissioner Crutchlow arrived at 6:15 p.m.
Roll Call
Commissioner Yashraj Bhatnagar, Commissioner Nancy A. Biagini, Commissioner Priya Cherukuru, Commissioner Qian Huang, Vice Chair Mario Bouza, Chair Lance Saleme, and Commissioner Eric Crutchlow
Present 7 -
DECLARATION OF COMMISSION PROCEDURES
Commissioner Cherukuru read the Declaration of Commission Procedures.
CONTINUANCES/EXCEPTIONS
Planning Manager Lesley Xavier announced that staff had received one comment letter on this item, which was at the dais for Commissioners review, and that the letter would be attached to the staff report when the item comes forward to a future Planning Commission meeting.
1. 24-1203 CONTINUANCE of an action on a Variance (PLN24-00514) to Locate a Six-Foot Wrought Iron Fence Within the 10-Foot Street Side Setback and Within the 20-Foot Front Setback for a Single-Family Residence at 572 Woodhams Road
Recommendation: Staff recommends that the Planning Commission open the public hearing on this item and then immediately continue the proposed project to the January 15, 2025 Planning Commission meeting.
Public Hearing was opened.
A motion was made by Commissioner Cherukuru, seconded by Commissioner Bhatnagar to approve this item.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, and Chair Saleme
6 -
Absent: Commissioner Crutchlow1 -
CONSENT CALENDAR
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There are no consent items.
PUBLIC PRESENTATIONS
None.
PUBLIC HEARING
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2. 24-1194 Public Hearing: Action on Conditional Use Permit (PLN23-00148) for a New Unmanned AT&T Telecommunication Facility with the Installation of a 60-Foot-Tall Monotree or an Alternative Design with Three 42’-6” Monopoles Located in the Parking Lot at 3111 Benton Street Recommendation: 1. Determine that the project is categorically exempt from formal environmental review per Section 15303(d), New Construction of Utility Extensions, of the CEQA Guidelines; and
2. Adopt a Resolution to approve a Conditional Use Permit for a new unmanned AT&T wireless telecommunication facility with the installation of a 60-foot-tall monotree at 3111 Benton Street, subject to findings and conditions of approval.
Planning Manager Lesley Xavier provided the staff presentation and commented the Commission has heard this item 3 times previously and this hearing is to present the alternative three monopole design.
Steve Proo, representing AT&T provided the applicant presentation. During his presentation, Mr. Proo stated that the noise level at the nearest residences would be between 47 and 49 decibels, which is equivalent to a quiet conversation or a floor fan. He also stated that the proposed installation would comply with FCC Guidelines for radio frequency emissions. A third party engineering firm prepared a report demonstrating that emissions would be approximately 36% of the FCC limit.
Commissioners inquired upon:
-why the monotree would not be moved to the front of the property. Steve Proo replied that the property owner expressed they do not want the monotree at the front of the property.
- the height of the proposed monotrees and where else this design has been used.
- expressed concerns regarding the color of the poles (quite dark). - inquired if Central Park had been considered for the cell tower location.
Steve Proo stated that he received no response from Parks and Recreatoin on his inquiry after numerous attempts.
Commissioner Saleme stated that the Commission has no purview over health concerns of the monotree and that the public is welcome to speak on other input they have on this item.
Public Speakers:
Lee Benton
Nicholas Rossi
Ken Kratz
Alexandra - provided list of 12 alternate locations
Dino
Diane Harrison
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Vignesh
Steve Proo provided applicant rebuttal at 7:01 reviewing the process AT&T undergoes for proposing a cell tower location and that the process started n 2021 and that they have done their due diligence.
Commissioners expressed concerns that Parks and Recreation had not replied to the request. Commissioners inquired if AT&T would be willing to come back to another meeting if Parks and Recreation could provide a reply before the next meeting on the inquiry, Mr. Proo replied yes. Commissioner Bouza expressed concerns that Parks and Recreation may not be able to provide an easement for this project. Assistant City Attorney Alexander Abbe commented that for the City to provide a lease or easement of parkland would be a significant challenge, because the Charter would require voter approval.
Commissioner Huang volunteered to assist with contacting Parks and Recreation on this issue.
Assistant City Attorney Alexander Abbe asked Mr. Proo if he was in agreement to extend the existing shot clock tolling agreement between Cingular Wireless PCS and the City until February 15, 2025, and have this item continued to the January 2025 Planning Commission meeting, and the applicant agreed to the extension of the tolling agreement and the continuance.
Chair Saleme thanked the public for their input on this item.
A motion was made by Commissioner Crutchlow, seconded by Commissioner Cherukuru to continue this item to the January 15, 2025 Planning Commission Meeting.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
7 -
REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:
Meeting went into Recess at 7:40 p.m.
Meeting Reconvened at 7:45 p.m.
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1. Announcements/Other Items
A motion was made by Commissioner Cherukuru, seconded by Commissioner Huang to expend funds for 4 Commissioners to attend LCC Planning Commissioners Academy taking place in Santa Rosa March 5-7, 2025.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Chair
Saleme, and Commissioner Crutchlow
7 -
2. Commissioner Travel and Training Reports, Requests to attend Trainings Staff Aide II Elizabeth Elliott provided details on the upcoming League of California Cities Planning Commissioner Academy.
DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:
1. Planning Commission Budget Update
Staff Aide II Elizabeth Elliott provided budget updates.
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2. Upcoming Agenda Items
Planning Manager Lesley Xavier provided updates.
Commissioner Cherukuru inquired as to what the process is for Mobile Food Trucks to operate in the City.
Planning Manager Lesley Xavier commented she will provide a presentation on this topic.
Commissioner Bhatnagar mentioned that Council approved an increase to utility rates and that at the meeting it was mentioned that 90% of power is utilized by businesses.
Chair Saleme commented that Council did mention at the most recent Council Meeting that Councilmembers mentioned they did not understand why Planning Commissioners had voted against an upcoming data center item recently approved by Council and that he would like better communication with Council on this item and Commissioners commented some of the Planning Commissioner comments on data centers were taken out of context at the Council meeting..
Planning Manager Lesley Xavier reminded Commissioners to send their questions and comments to her in advance of a Data Center Study Session.
Commissioner Cruthclow requested a Study Session on cellular towers and a possible master plan for these projects.
3. City Council Actions
Planning Manager Lesley Xavier provided updates.
ADJOURNMENT:
The meeting adjourned at 8:02 p.m. The next regular scheduled meeting is January 15, 2025 at 6 p.m.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
7 -
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The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
STREAMING SERVICES: As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.
Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.
Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
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Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.