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PC Min 05/14/2002CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MAY 14, 2002 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of May 14, 2002, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Francois, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Tom Francois Joseph D. Hernandez Bob Alderete George Doorley Elizabeth Gibbons Brad Jones Felicia Leonard Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner I: City Attorney: Reporting Secretary: Sharon Fierro Geoff I. Bradley Tim J. Haley Stephanie Willsey William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Doorley, seconded by Commissioner Gibbons, the Planning Commission minutes of April 23, 2002, were approved. (7-0) COMMUNICATIONS. There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements Planning Commission Minutes of May 14, 2002 Page 2 ORAL REQUESTS Ms. Audrey Kiehtreiber, 1509 Walnut Drive, Campbell: Read a statement into the record on the subject of the San Tomas Area Neighborhood Plan and living in Campbell. · Expressed concern about comments made at the last Planning Commission meeting that the existing neighbors should be "grateful" for the new development moving into the neighborhood as these new homes will raise property values for the area. · Reminded the Commission that the intent of the San Tomas Area Neighborhood Plan is to ensure that new construction must fit in structure and appearance into its neighborhood. Stated that the current staff procedure is to encourage participation by neighborhood members but such involvement is not required. · Suggested that earlier involvement in the process would alleviate last minute problems being brought to the attention of an applicant, which would be more efficient and create a more harmonious neighborhood. · Disagreed with the attitude that large new homes represent a win-win situation in a neighborhood due to raising housing values. · Said that this attitude is sadly mistaken since the increased value is only for those who want to sell and leave the area. · Expressed that this is an insulting attitude for existing residents who are intending to live in their San Tomas Area homes indefinitely especially when this attitude is coming from new arrivals to the area and by the City's own representatives. · Added that it is not homes that increase in value but simply the land on which they are located. · Declared that the San Tomas Area Neighborhood Plan is not a barrier to new construction or home additions but rather is intended to make sure that new construction shows respect for the existing neighborhood. · Said that she welcomes new neighbors into the neighborhood and only asks that those new neighbors make the existing homeowners feel welcome to stay in their neighborhood. PUBLIC HEARING Chair Francois read Agenda Item No. 1 into the record. 1. PLN2001-133 Divittorio, R. Continued Public Hearing (from April 9, 2002, Planning Commission meeting) to consider the application of Roy and Adrienne Divittorio for consideration of a Site and Architectural Review Permit (PLN2001-133) to allow the construction of a new single-family residence on property owned by Roy and Adrienne Divittorio located at 1512 Walnut Drive in an R-l-10 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission action final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner II, presented the staff report as follows: Planning Commission Minutes of May 14, 2002 Page 3 · Advised that the applicants are seeking approval of a Site and Architectural Review Permit to allow the construction of a new single-family residence on property located at 1512 Walnut Drive. Reminded that this application was continued from the April 9, 2002, Planning Commission meeting to incorporate changes to the plan as suggested by the Planning Commission, staff and neighbors to deal with the appearance of mass of the second floor to make it more compatible with the San Tomas Area Neighborhood Plan. Said that the site is zoned R-l-10 and this proposal is consistent with the zoning in matters of setbacks, height, coverage, floor area ratio and parking. The project is consistent with the San Tomas Area Neighborhood Plan design guidelines. · Stated that SARC reviewed this revised proposal on April 23, 2002, and was supportive of the project with changes. · Recommended approval of this project. Commissioner Hernandez presented the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal on April 23, 2002, and was supportive with the suggestion that a dormer feature be added to the project. Chair Francois opened the Public Hearing for Agenda Item No. 1. Mr. Peter Kiehtreiber, 1509 Walnut Drive, Campbell: · Identified his home as being across the street from this project site. · Stated that he has reviewed the updated plans and while the changes are minor, they go a long way to mitigate visual mass and represent good changes. · Said that he is happy enough with the proposed plans and is okay with them. · Thanked staff, the applicants and the Planning Commission for working with the community. Mr. Rod Asano, 1546 Walnut Drive, Campbell: · Thanked the Commission for listening to the community. · Said that he has lived in the neighborhood since 1973, on the adjacent property to the west side of the project site. · Said that he respects the rights of the applicants to build on their property. · Expressed his hope that the Commission will be slow to change the appearance of this neighborhood and continue to respond to the concerns of the majority. · Declared that he loves living in his neighborhood. · Asked that the property line be verified between his home and the site. Chair Francois asked staff if a survey is required in this circumstance. Senior Planner Geoff I. Bradley said that a survey is typically not required in a project such as this one since the proposed setbacks more than adequately meet requirements. Ms. Adrienne Divittorio, 1512 Walnut Drive, Campbell: Planning Commission Minutes of May 14, 2002 Page 4 · Stated her discomfort with the process, which has occurred that has resulted in changes to her home that change the natural light to the living room and foyer. · Added that while she can (and will) live with the changes, she disagrees with the requirement to change her original plan, which met the requirements of the San Tomas Area Neighborhood Plan. · Said that they have had to deal with personal opinions of others in the design of her home. · Declared that "fitting in" is an ambiguous term and that they had already met the specific requirements of the San Tomas Area Neighborhood Plan with their original design. · Said that while others found the proposed columns to be too larger, she felt these original columns fit the house. · Mentioned that after a drawing of their proposed home was published in the Campbell Express, they received numerous calls of support both from acquaintances and strangers. · Advised that this home has been in her head for the last 15 years and she herself designed the floor plan. She knew exactly what she wanted in every detail from the porch to the windows. · Stated that this home was her "dream house" and the City has forced her to change her "dream house." · Questioned the impact of her home to the City and neighbors in the future. Most will never see it or think about it again while she will see it and regret the changes for the rest of her life. Mr. Gary Gairaud, 615 Louise Court, Campbell: · Identified himself as the San Tomas Neighborhood Association representative covering this meeting on behalf of Meg Stein. · Said that he had offered to help find a compromise but did not schedule a neighborhood meeting when he learned from staff that enough changes had been made to the plans to alleviate the concerns raised at the last meeting. · Said that he felt bad for Mrs. Divittorio but that he is happy that the applicants made the changes they did. · Welcomed the Divittorio's to the neighborhood and said that he hopes this dream house is still a dream for them. Chair Francois closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3429 approving a Site and Architectural Review Permit (PLN2001-133) to allow the construction of a new single-family residence on property located at 1512 Walnut Drive on property owned by Roy and Adrienne Divittorio, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Leonard NOES: Done ABSENT: None ABSTAIN: None Planning Commission Minutes of May 14, 2002 Page 5 Chair Francois advised that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. Chair Francois read Agenda Item No. 2 into the record. PLN2002-14 Farahani, C. Public Hearing to consider the application of Mr. Camran Farahani for a Conditional Use Permit (PLN2002-14) to allow a secondary living unit on property owned by Mr. Camran Farahani at 301 Budd Avenue in an R-l-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission action final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Darcy Smith, Planner H Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: Advised that the Applicant is seeking a Conditional Use Permit to allow a secondary living unit on property located on the north side of Budd Avenue, south of California Street, which is currently developed with a single-family residence with a 610 square foot detached garage structure with storage room. · Said that a Tentative Parcel Map was approved on November 1, 2001, to create two lots. Stated that the General Plan Land Use designation is Low Density Residential and this proposal is well within the allowable range. · Added that the Zoning designation is R-1 and that secondary living units are permitted on R-1 parcels with a minimum of 12,000 square feet. · Said that the secondary unit will be constructed at the rear of the existing garage and its visibility would be obstructed from the front property line. The proposal meets the parking requirement with two spaces per unit with one covered. Commissioner Alderete asked whether the proposed configuration of parking makes any difference since it is proposed for in front of the garage. Senior Planner Geoff Bradley replied that this is a typical parking arrangement. Commissioner Doorley asked whether the existing garage and storage would be retained. Senior Planner Geoff Bradley replied yes. Commissioner Hernandez provided the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal on April 23, 2002, and was supportive. Chair Francois opened the Public Hearing for Agenda Item No. 2. Mr. Camran Farahani, 301 Budd Avenue, Campbell: · Identified himself as the applicant and made himself available for questions. Planning Commission Minutes of May 14, 2002 Page 6 Ms. Sally Howe, 45 Budd Avenue, Campbell: · Stated that she has no problem with the proposed secondary living unit. · Questioned the purpose for the creation of the flag lot if no specific building is proposed for that lot. Senior Planner Geoff Bradley: Informed that the front lot consists of 16,000 square feet and the rear lot is required to be 10 percent larger, which it is. · Added that the Tentative Parcel Map was approved but that the Final Map has not yet been finalized. · Said that there is no development plan under review at this time for the flag lot. Ms. Sally Howe asked whether this flag lot could be sold. Senior Planner Geoff Bradley replied yes, this is a legal lot and could be sold. He added that it is a two-step process. First the applicant obtains the entitlement to split a lot and can develop that lot at a later date. Oftentimes, applicants will process the lot split simultaneously with the Site and Architectural Permit for the new lot(s). Ms. Sally Howe stated that she does not agree with the concept of a flag lot. She added that she has no specific opposition but has questions. Commissioner Doorley sought clarification that the second unit would be on the front parcel. Commissioner Gibbons clarified that the flag lot is a done deal and is not under consideration with tonight's hearing. Senior Planner Geoff Bradley reiterated that the Tentative Parcel Map was handled through an Administrative Hearing and that Council as a Consent Calendar Item will approve the Final Map. Mr. Camran Farahani advised that the costs of construction are preventing him from building on the flag lot at this time. He added that he currently needs a second unit to accommodate his parents, including his mother who is legally blind. Commissioner Leonard questioned whether the lots could be merged. Director Sharon Fierro clarified that the flag lot is a legal lot approved at an Administrative Hearing at which there was no opposition. The lot split met the requirements of the Zoning Ordinance to become a legally created lot. Chair Francois closed the Public Hearing for Agenda Item No. 2. Planning Commission Minutes of May 14, 2002 Page 7 Motion: Upon motion of Commissioner Jones, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3430 approving a Conditional Use Permit (PLN2002-14) to allow a secondary living unit on property owned by Mr. Camran Farahani at 301 Budd Avenue. AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Leonard NOES: None ABSENT: None ABSTAIN: None Chair Francois read Agenda Item No. 3 into the record. 3. PLN2002-02 Salvador, J. Public Hearing to consider the application of Mr. Joe Salvador, on behalf of Railway Distributing, Inc., for an Extension (PLN2002-02) to a previously-approved Conditional Use Permit (R97-01) to allow the continued use of the property as a storage yard and parking lot on property owned by Mr. Joe Salvador at 238-246 Railway Avenue in a P-D (Planned Development) Zoning District. This project is Categorically Exempt. Tentative City Council Meeting Date: June 4, 2002. Project Planner: Stephanie Willsey, Planner I Community Development Director Sharon Fierro advised that this application is being continued at the request of the applicant to the next Planning Commission meeting. Chair Francois opened the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Gibbons, the Planning Commission continued consideration of the application of Mr. Joe Salvador for an Extension (PLN2002-02) to a previously approved Conditional Use Permit for the continued use of property as a storage yard and parking lot on property located at 238-246 Railway Avenue to the Planning Commission meeting of May 28, 2002. Chair Francois read Agenda Item No. 4 into the record. Planning Commission Minutes of May 14, 2002 Page 8 4. PLN2001-61 Gamble, R. Public Hearing to consider the application of Mr. Russ Gamble, on behalf of Mr. Joseph Alves, for a Site and Architectural Review Permit (PLN2001-61) to allow a faffade remodel of an existing shopping center (San Tomas Plaza) on property owned by Mr. Joseph Alves located at 90-180 N. San Tomas Aquino Road and 1461 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. This project is Categorically Exempt. Planning Commission action final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Informed that the applicant is seeking a Site and Architectural Review Permit to allow the remodel of the San Tomas Plaza Shopping Center located at the northeast corner of San Tomas Aquino Road and W. Campbell Avenue. The site consists approximately 9.3 acres. · Added that the project is strictly a remodel of the faffade with no expansion of space. The parking lot will be restriped to increase parking from the current 488 spaces to 505, with the increased use of compact spaces, as well as new landscaping in the parking area to reach up to a 10 percent level of landscaping. New street improvements will be installed. A driveway to the rear portion of the site will be eliminated to provide additional parking at the northeast corner of the site. · Described the facade remodel as a series of tower elements including six arch elements. Tile and metal grillwork will be incorporated and a warm earth tone color scheme will be used. * Stated that this proposal is consistent with the General Plan and Zoning designations for the site. · Recommended approval and advised that SARC has reviewed this proposal. Commissioner Alderete pointed out that 606 parking spaces are required per the staff report. Associate Planner Tim J. Haley: · Clarified that under the strict interpretation of the Parking Ordinance, this site would require one parking space for every 200 square feet of floor area and the gross square footage divided by 200 square feet equals a requirement for 606 spaces. · Added that the site currently has 488 spaces, which will increase to 505. The center was approved with 488 spaces since the Planning Commission has the authority to change the requirement. Commissioner Alderete asked for the reason for the elimination of the driveway. Associate Planner Tim J. Haley replied that this driveway is being eliminated in order to create more parking spaces. He added that additionally, the drives on both sides of that building are not necessary. Commissioner Gibbons questioned whether staff has any concern that this project would only be partially completed and also whether a Bond might be possible to ensure completion. Planning Commission Minutes of May 14, 2002 Page 9 Associate Planner Tim J. Haley advised that there are no concerns and that once the applicant is committed staff is confident that this project would go forward. Director Sharon Fierro suggested that the subject of a Bond requirement could be considered as a requirement for future projects during the update to the City's Zoning Code. Commissioner Alderete asked staff when the subject of signs would come up. Associate Planner replied that signs are handled at staff level unless the request exceeds allowable sign area. Commissioner Hernandez provided the Site and Architectural Review Committee report as follows: · SARC reviewed this request on April 23, 2002. · Stated that Commissioner Doorley was more supportive while he had reservations about the proposed design. Chair Francois opened the Public Hearing for Agenda Item No. 4. Mr. Russ Gamble, Project Architect: · Advised that a Preliminary Sign Program is under review by the center's tenants and that colors and other such issues will be worked out with staff. · Assured that the owners are highly motivated to complete this project as the center is very dilapidated. Commissioner Alderete asked for more details about Commissioner Hemandez's reservations over this project. Mr. Russ Gamble said that the main issue was the proposed color scheme. Commissioner Doorley explained that the original proposal appeared more pastel in color and now incorporates darker and richer colors. Commissioner Gibbons asked about the existing roofline. Mr. Russ Gamble advised that the current height is 15 feet and the proposed highest point would be 30 feet. Commissioner Gibbons pointed out that this is doubling the height and asked for the reason for this height. Mr. Russ Gamble replied that the tower elements are designed to help emphasize the entrances to the tenant spaces. Commissioner Alderete asked about the parking near the northeast comer and whether this would impact delivery trucks. Planning Commission Minutes of May 14, 2002 Page 10 Mr. Russ Gamble advised that truck deliveries can continue as they do now. Ms. Mary Fettick, 81 N. San Tomas Aquino Road, Campbell: · Said that she is happy that this center will be remodeled, as it needs a facelift. · Stated that she is, however, tired of having to hear the parking lot cleaning on this property, which awakens her in the middle of the night. · Expressed concern over the proposed changes in driveways and the potential for traffic impacts. Chair Francois asked Ms. Fettick what time the parking lot cleaning occurs. Ms. Mary Fettick replied from 11 p.m. to 3 a.m. and always at different times. She added that she has called to complain to the City about it but nothing has changed. She added that the vacuum truck is very noisy. Commissioner Alderete asked Ms. Fettick, which driveway is of concern. Ms. Mary Fettick replied the one closer to Campbell Avenue. Chair Francois closed the Public Hearing for Agenda Item No. 4. Commissioner Alderete asked Commissioner Hernandez to expand on his design concerns. Commissioner Hernandez clarified his concerns that this shopping center is located in the middle of a residential area and the proposed design seems out of place although he recognizes that the center must look like a shopping center. He added that the Architect has brought in elements used at other shopping centers in Campbell. Commissioner Doorley pointed out that the applicant took the feedback provided at SARC and reduced the towers and adjusted the colors. Since the elements are further back from the street, they need to be higher in order to make them visible and distinctive from the street. Added that the intent of the tower features is to break up the faqade. Commissioner Gibbons said that this proposal is difficult to visualize and evaluate. This project consists of a long mass and corners setback. The center is non-descript now and she is concerned that the remodel will make it visually very busy and out of proportion. The 30-foot high elements are very massive and the tile work and varied colors are very busy. Chair Francois advised that he sat in on the SARC meeting and will be supportive of this application. Commissioner Alderete asked Commissioner Hernandez whether he believes that this project is too abrupt as it borders residential neighborhoods and, if so, what he would like to see happen. Planning Commission Minutes of May 14, 2002 Page 11 Commissioner Hernandez said that the tower elements are really big and the colors very vibrant and the shopping center will seem really big. It does not seem like it would be neighborhood friendly. While it is a nice design, it is not Campbell. Commissioner Gibbons agreed with the issues of massing. Commissioner Leonard stated that she would be supportive and that it is a rare opportunity to have such a vast improvement at one time without having to force the owners to do it. While this design may not be her personal choice to build on her own, it will represent a great improvement over what is currently there. This center needs help and this proposal is a great improvement over what is there now. Added that it is not right that the neighbors have to deal with the parking lot sweepers disturbing their sleep in the middle of the night. Ms. Mary Fettick returned to the dais to state her concern that the 30-foot high tower elements are out of proportion to the neighborhood and suggested that they be reduced. Director Sharon Fierro apologized to the Commission for the poor quality of the plans provided in the packet since the heights cannot be easily read. Senior Planner Geoff Bradley advised that 19 feet is the predominate height but that the three major tenants, Dolphin Pet Village, Longs and Kiddie World, would have 30 foot maximum height tower elements. Commissioner Gibbons asked how the project would be lit. Senior Planner Geoff Bradley advised that a detailed lighting plan is being prepared. Commissioner Jones asked for the heights of the Kirkwood Shopping Center. Senior Planner Geoff Bradley replied that portions are two stories that are close to 40 feet in height. Chair Francois asked Architect Russ Gamble how he plans to address lighting. Mr. Russ Gamble replied that he is well aware of restrictions regarding lighting and that vertical lighting would be used to prevent overflow lighting into neighboring areas. He added that there is no phasing proposed for this remodel. He added that they anticipate breaking ground after the 2002 Christmas season with completion of construction to occur before the 2003 Christmas season. Director Sharon Fierro advised that she deals with parking lot noise complaints often and that allowable hours of operation for any business are between 7 a.m. through 11 p.m. unless a Conditional Use Permit for extended hours of operation is approved. Mr. Pete Balbiani, Shopping Center Manager: * Objected to the restriction of hours based on one noise complaint. Planning Commission Minutes of May 14, 2002 Page 12 · Stated that he has never personally received a complaint although his number is included on signs posted at the center. · Asked neighbors to call any time if problems with the center arise. Chair Francois suggested that, Mr. Balbiani reinforce the times that the center's parking lots are cleaned with their contractors. Commissioner Jones said that he would like to see a restriction on cleaning times included in this approval. Commissioner Leonard agreed. Commissioner Alderete agreed. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Leonard, the Planning Commission adopted Resolution No. 3431 granting a Site and Architectural Review Permit (PLN2001-61) to allow a faqade remodel of an existing shopping center (San Tomas Plaza) on property owned by Mr. Joseph Alves at 90-180 N. San Tomas Aquino Road and 1461 W. Campbell Avenue, with the following amendments: 1. Adjust Condition No. 2 to require the completion of the project within two years of the date of approval. 2. Add text to Condition No. 9 to state, "Operating hours include parking lot cleaning." By the following roll call vote: AYES: Alderete, Doorley, Francois, Jones and Leonard NOES: Gibbons and Hernandez ABSENT: None ABSTAIN: None Chair Francois advised that this item is final in 10 calendar days, unless appealed in writing to the City Clerk. Mr. Gary Gilmour, Co-Owner of San Tomas Plaza Shopping Center: · Asked for clarification on the hours of operation just approved. City Attorney William Seligmann clarified that the modified condition limits operations between the hours of 7 a.m. and 11 p.m. daily and that this limitation also includes parking lot cleaning. Mr. Gary Gilmour pointed out that one tenant, the Donut Shop, opens at 4:30 a.m. The Commission held a continued brief discussion and came to the conclusion that the donut shop at San Tomas Plaza Shopping Center has been in operation for a long time without complaint and can continue to do so as long as there are no noise complaints. Planning Commission Minutes of May 14, 2002 Page 13 Chair Francois read Agenda Item No. 5 into the record. 5. PLN2002-23 Glave, E. Hearing to consider the application of Commander Ernest A. Glave, on behalf of the West Valley Memory Post 99 - American Legion, for a Sign Permit (PLN2002-23) to allow the installation of a new off-site readerboard sign on property owned by Daniel Falkenstein and Samuel Chin at 1350 Dell Avenue in a C-P-D (Condominium/Planned Development) Zoning District. This project is Categorically Exempt. Planning Commission action final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: Informed that the applicant is seeking approval of a new sign to replace an existing sign installed in 1991 in the public right-of-way. · Added that the project site is a flag lot with limited street frontage and the sign will be placed on an adjacent property to the south. · The applicant is requesting a readerboard sign that allows changeable copy. The original proposal was for a 14-foot high sign. Staff has proposed a reduction in height to nine feet and the elimination of the readerboard feature to be replaced with permanent text. The applicant and SARC supported the recommendation. Commissioner Hernandez provided the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal at its meeting of April 23, 2202. · Reported that Commissioner Doorley was okay with the readerboard sign and that the applicant accepted the recommendation to lower the sign. Chair Francois opened the Public Hearing for Agenda Item No. 5. Commander Ernest A. Glave, Post 99-American Legion, 1344 Dell Avenue, Campbell: · Congratulated staff for their work with him. · Stated that he has served for 18 years as the Public Affairs Officer for the American Legion. · Agreed that the nine-foot sign height is acceptable. · Said that with an 18-foot setback from the street, the building to the north may block visibility of the sign. · Asked for approval of the readerboard or marquee sign. · Said that he is a 53-year businessman who is 77 years old and still serving in the National Guard. · Said that he wants to cooperate with the City's requirements and feels the readerboard is important to identify the current activities at the Post. · Pointed out that the American Legion is a 501C-19 non-profit organization and that moneys raised help veterans as well as other community programs. · Advised that they have merged four Posts as their members, World War II and Korean War veterans, are being lost each year. The combined membership is 1,000. Planning Commission Minutes of May 14, 2002 Page 14 · Added that there are plans underway to spend $400,000 to remodel the building and that he envisions turning it into a showplace. · Stressed the importance of the marquee sign and said he would do whatever is necessary in order to get it approved. · Assured that the sign would not be used to advertise $3.99 chicken dinners. Ms. Sally Howe, 45 Budd Avenue, Campbell: · Said that she could see no reason not to allow this changeable sign and agrees that the Post has wonderful plans for this building. · Explained that the Post has agreed to allow a local women's club to meet on the premises. Chair Francois said that he believes Commander Glave has agreed to the sign as proposed by staff. Commissioner Doorley disagreed and pointed out that Commander Glave still seeks approval of the readerboard. Senior Planner Geoff Bradley advised that this sign approval is required in this circumstance for two reasons. First, it is an off-premise sign that is located on a neighboring property. Two, there are provisions for off-site civic signs. He added that any commercial use could request a readerboard sign. Commissioner Jones asked if the sign proposed is similar to that at Forest Hills. Associate Planner Tim J. Haley replied that the Commission has a copy of the applicant's exhibit of the 14-foot high sign with readerboard feature. Commissioner Jones stated that he has no problem giving the applicant the sign that he is requesting. Commissioner Alderete said that he visited the site and saw cardboard signs advertising current events and felt that this sign would better advertise these events. Stated his support. Commissioner Jones asked Commander Glave to let him know when there are chicken dinners for $3.99. Commissioner Hernandez said that it appears to be the consensus of the Commission to allow this sign and cautioned that it would perhaps set a precedent. Commissioner Jones said that this sign can be approved due to its remote location in an industrial area with no lighting and therefore will not result in any intrusion on other properties. Commissioner Hernandez suggested that the unique characteristics of this approval should be incorporated into the findings for approval. Planning Commission Minutes of May 14, 2002 Page 15 Commissioner Doorley said that he could support such a sign for almost any charitable organization but might feel differently for commercial businesses. Chair Francois closed the Public Hearing for Agenda Item No. 5. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission Adopted Resolution No. 3432 granting a Sign Permit to allow the installation of a new nine-foot-high, off-site readerboard sign for Post 99 - American Legion on property owned by Daniel Falkenstein and Samuel Chin at 1350 Dell Avenue with the understanding that this readerboard sign is being approved for a non- profit organization and amending the findings to reflect support for this sign due to the site's location in a remote industrial area, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Jones and Leonard NOES: None ABSENT: None ABSTAIN: None REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Announced that at its meeting of May 7, 2002, Council: o Adopted a Proclamation declaring Historic Preservation Week from May 12-18, 2002, o Granted an appeal and overturned the Planning Commission denial of the Richard Pasek project on McGlincy Lane; o Adopted the CIP o Adopted a new fee schedule that increases fees by two percent, including a new General Plan Maintenance Fee that will be attached to Building Permit fees and a paid position for an Architectural Advisor consultant to help review plans and streamline design review issues including with the San Tomas Area Neighborhood Plan. · Advised that the next Planning Commission Agenda will include three items. Commissioner Hernandez asked for an update on Baja Fresh, which continues to use its outdoor seating without the installation of the wall that was recently required. Senior Planner Geoff Bradley advised that this is an ongoing Code Enforcement action. Commissioner Hernandez asked if there is any recourse for the Commission or is this a staff level action. Senior Planner Geoff Bradley replied yes. Commissioner Hernandez asked if the Commission could have an update at the next meeting since this operation is in violation of its Conditions of Approval. Planning Commission Minutes of May 14, 2002 Page 16 Senior Planner Geoff Bradley replied yes. Chair Francois asked about the San Tomas Church property. Senior Planner Geoff Bradley advised that these lots were legally created and exists. They were sold to two different developers. Commissioner Doorley asked if it is legal and valid to split a property without having the right to sell. City Attorney William Seligmann replied that the City has to accept the Title Report provided with a development application as being representative of the lawful owner. Director Sharon Fierro added that it is required that an applicant provides a Title Report as part of the application packet. ADJOURNMENT The Planning Commission meeting adjourned at 9:28 p.m. to the next Regular Public Hearing on May 28, 2002, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: APPROVED By: ~~~retary ATTEST: ecretary