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PC Min 05/28/2002CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MAY 28, 2002 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of May 28, 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: Commissioner: Commissioner: Commissioner: Commissioner: Tom Francois Bob Alderete George Doorley Elizabeth Gibbons Brad Jones Commissioners Absent: Vice Chair: Joseph D. Hernandez 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 May 14, 2002, were approved. (5-0-1; Commissioner Hernandez was absent) COMMUNICATIONS. There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements Planning Commission Minutes of May 28, 2002 Page 2 ORAL REQUESTS There were no Oral Requests. PUBLIC HEARING Chair Francois read Agenda Item No. 1 into the record. 1. PLN2002-02 Salvador, J. Continued Public Hearing (from May 14, 2002) 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 (UP 84-19) to allow the continued use of the property as a commercial construction supply 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 18, 2002. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: Advised that the application is seeking approval of an Extension to a previously approved Conditional Use Permit for 238-246 Railway Avenue to allow the continued use of property for a commercial construction supply storage yard. · Said that Council granted the original approval in 1985 and the Conditional Use Permit was extended four times, the last time being in 1997 when a five-year extension was approved. At this time, the applicant is asking for a 10-year extension but staff is recommending a seven-year extension. · Informed that the Redevelopment Agency has no objections and that a Condition of Approval has been included that requires a written agreement with the applicant that states he is willing to abandon this use within six months of notification by the Redevelopment Agency to do so. · Recommended approval. Commissioner Alderete questioned the criteria for the time limitation. Planner Stephanie Willsey replied that the criteria are typically the prospect for redevelopment of the area. Commissioner Doorley presented the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal on April 23, 2002, and was supportive of a seven-year extension of this Use Permit. Chair Francois opened the Public Heating for Agenda Item No. 1. Chair Francois closed the Public Hearing for Agenda Item No. 1. Planning Commission Minutes of May 28, 2002 Page 3 Commissioner Alderete: Pointed out his concerns about the need to back directly onto the street from some of the parking spaces. · Said that there are properties across the street apparently are also being used for storage for this business. · Stated that upon a recent trip to the area, he noticed a fork lift crossing the street that is not intended for use on streets as well as broken wallboard everywhere. · Suggested a requirement to keep that cleaned up. Senior Planner Geoff I. Bradley advised that the applicant also owns and uses property across the street from the project site. He added that staff has not sought to achieve compliance with other properties as part of this request as they are separate. The uses across the street are existing legal, non-conforming uses. Added that VTA is also currently working in the area on the Light Rail project. Commissioner Alderete mentioned that there appears to be multiple addresses for one parcel. Planner Stephanie Willsey clarified that while the two parcels are merged, both addresses are still assigned by the Post Office. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3433 recommending approval of a seven year Extension (PLN2002-02) to a previously approved Conditional Use Permit (UP $4-19) to allow the continued use of the property as a commercial construction supply storage yard and parking lot on property owned by Mr. Joe Salvador at 238-246 Railway Avenue, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons and Jones NOES: None ABSENT: Hernandez ABSTAIN: None Chair Francois advised that this matter would be considered by Council at its meeting of June 18, 2002. Chair Francois read Agenda Item No. 2 into the record. Planning Commission Minutes of May 28, 2002 Page 4 2. PLN2002-43 Gragnani/Lopez Public Hearing to consider the application of Mr. Alan Gragnani and Mr. George Lopez, on behalf of The Wine Library, for a Modification (PLN2002-43) to a previously-approved Conditional Use Permit to allow the expansion of the interior tasting area from 100 to 400 square feet, approval to serve wine in a defined outdoor seating area adjacent to the Campbell Avenue entrance accommodating 10 to 12 seats and establishment of a rear smoking/patio area on property owned by Mr. Jeff Wyatt at 379 E. Campbell Avenue in the C-3-S (Central Business District) 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: · Advised that the applicants are seeking approval of a Modification to a previously approved Conditional Use Permit, which was granted on October 30, 2002. · Stated that the Planning Commission Resolution approved a Conditional Use Permit for a retail wine business, with the restriction to 100 square feet of space, out of the total 1,350, for wine tasting. · Added that the applicant now seeks an expansion of the wine tasting space to 400 square feet as well as the tight to serve wine in their front patio area, consisting of approximately 130 square feet, a rear smoking area and an extension of operational hours from 10 p.m. to 11 p.m. · Informed that this project was reviewed by the Police Department. They had no objections. · Recommended adoption of a Resolution to approve this Modification. Commissioner Doodey provided the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal on May 14, 2002, and was supportive with the condition that any rear smoking area not include tables or chairs that could block egress. Chair Francois opened the Public Hearing for Agenda Item No. 2. Chair Francois closed the Public Heating for Agenda Item No. 2. Commissioner Doorley stated that while he is supportive of this request, he wants it made clear that this use would change from more of a retail establishment to more of a wine bar. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3434 approving a Modification (PLN2002-43) to a previously-approved Conditional Use Permit to allow the expansion of the interior tasting area from 100 to 400 square feet, approval to serve wine in a defined outdoor seating area adjacent to the Campbell Avenue entrance accommodating 10 to 12 seats and establishment of a rear smoking/patio area on property owned by Mr. Jeff Wyatt at 379 E. Campbell Avenue, by the following roll call vote: Planning Commission Minutes of May 28, 2002 Page 5 AYES: NOES: ABSENT: ABSTAIN: Alderete, Doorley, Francois, Gibbons and Jones None Hernandez None 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. 3 into the record. 3. PLN2002-31 Bracher/Dubcich Public Hearing to consider the application of Ms. Vivian Bracher and Mr. Robert Dubcich for a Tentative Subdivision Map (PLN2002-31) to create six townhome lots and one common lot on property owned by Ms. Vivian Bracher and Mr. Robert Dubcich located at 206 Shelley Avenue in a P-D (Planned Development) Zoning District. A Negative Declaration was previously approved for this project. Tentative City Council Meeting Date: June 18, 2002. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Informed that this application is for a Tentative Subdivision Map, which was required as a Condition of Approval with the Planned Development Permit Approval for six townhome units. Added that the Tentative Subdivision Map would create six townhome lot and one common lot. · Said that the property would be developed at 11.1 units per gross acre, which is in the midrange of the allowable density of 6 to 13 units per gross acre. · Recommended adoption of a Resolution recommending approval of this Tentative Subdivision Map. Chair Francois opened the Public Hearing for Agenda Item No. 3. Chair Francois closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3435 recommending approval of a Tentative Subdivision Map (PLN2002-31) to create six townhome lots and one common lot on property owned by Ms. Vivian Bracher and Mr. Robert Dubcich located at 206 Shelley Avenue, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons and Jones NOES: None ABSENT: Hernandez ABSTAIN: None Planning Commission Minutes of May 28, 2002 Page 6 Chair Francois advised that Council would consider this item for final action on June 18, 2002. REPORT OF TI-IE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Announced that Council has authorized a Request for Proposals for Winchester Boulevard, South of Campbell Avenue and other Design Guidelines. Work will start on this project at the end of the year. · Added that the Commission will hold a Study Session on June 17, 2002, regarding the Zoning Code Update. Staff will distribute a briefing book early enough for the Commissioners to provide guidance on which areas require further review. · Informed that Council approved the project at 154 Sunnyside Avenue and approved the FY02/03 Operating and Capital Improvement Budget. The budget included funds for a paid architectural advisor that will become an advocate for the San Tomas Area Neighborhood Plan. · Council with regret accepted the resignation of Commissioner Leonard. · Informed the Commission that the next agenda will include three items. · Offered to distribute the Department of Finance report that explains its population figures. Commissioner Doorley asked for an update on the Russian Deli Caf~ on Winchester and the illegal outdoor seating for Baja Fresh Restaurant on S. Bascom Avenue. Senior Planner Geoff I. Bradley advised that he gave the owner of the Russian Deli Caf6 until the end of May to get the required landscaping planted. He added that Baja Fresh had 40 outdoor seats in violation of their Use Permit. An agreement was reached that if Baja Fresh made good faith efforts to comply with their Conditions of Approval, they would be permitted to have eight seats, four tables and two umbrellas for use as a temporary outdoor waiting area until they can complete the required improvements necessary for the permanent outdoor seating area. Chair Francois asked if the rumor of the sale of the Russian Deli Caf6 is true. Senior Planner Geoff I. Bradley replied that he believed a sale is pending. Chair Francois asked for an update on the Prometheus project and the Gilman project. Director Sharon Fierro replied that she just recently spoke with the hotel developer for the Prometheus site who advised that in the current market banks will not fully finance loans to construct hotels. She added that that the Gilman project was recently resubmitted. Chair Francois asked if the Loft project is dead. Director Sharon Fierro replied that the parking structure is too expensive, which results in the living units being too expensive to be viable. However, another developer has expressed interest in assuming this project. Planning Commission Minutes of May 28, 2002 Page 7 on June 11, California. ADJOURNMENT The Planning Commission meeting adjourned at 7:56 p.m. to the next Regular Public Hearing 2002, in the Council Chambers, City Hall, 70 North First Street, Campbell, SUBMITTED BY: APPROVED BY: ATTEST: A~. ~l~in~,'~eecord'Fng--S-~ecretary Torn Francoi~;~ Chair ~ Sharon Fierro, Secretary