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PC Min 07/09/2002CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JULY 9, 2002 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of July 9, 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: Tom Francois Joseph D. Hernandez Bob Alderete George Doorley Elizabeth Gibbons Brad Jones Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner II: Planner I: City Attorney: Captain/Campbell Police: Reporting Secretary: Sharon Fierro Geoff I. Bradley Tim J. Haley Darcy Smith Stephanie Willsey William Seligmann Russ Patterson Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Jones, seconded by Commissioner Doorley, the Planning Commission minutes of June 25, 2002, were approved. (4-0-2; Commissioners Hernandez and Gibbons abstained) COMMUNICATIONS. 1. One letter regarding Agenda Item No. 1. 2. Two letters regarding Agenda Item No. 5. Planning Commission Minutes of July 9, 2002 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chair Francois read Agenda Item No. 1 into the record. PLN2001-129 (PD) PLN2001-130 (TS) PLN2002-05 (TRP) Neale, C. Public Heating to consider the application of Mr. Chris Neale, on behalf of Coroem Builders, for a Planned Development Permit (PLN2001-129) to allow the construction of 20 townhomes, a Tentative Subdivision Map (PLN2001-130) to create 20 townhome lots and a Tree Removal Permit (PLN2002-05) to allow the removal of 35 of 37 trees on property owned by Core Development Inc. located at 117 Gilman Avenue in a P-D (Planned Development) Zoning District, a Draft Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: August 6, 2002. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: Advised that the applicant is proposing the redevelopment of the former Gilman Trailer Court, located at Sam Cava and Gilman Avenues, within an industrial neighborhood that is undergoing a transition. The site is south of Campbell Avenue and close to the Downtown. · Reminded that this proposal was before the Commission on April 23, 2002, at which time 29 condo units were proposed over a parking garage. This revised proposal is for a 20- townhome project with 14 two-bedroom and six one-bedroom units. The majority of these units will have frontage on the street with parking below and to the rear. Each unit will include a two-car garage with six visitor parking spaces for a total of 46 spaces. This represents 2.3 parking spaces per unit. The standard for residential is 3 to 3.5 spaces per unit and 1.5 to 2 spaces for apartment units. Staff is supportive due to the size of these units and their proximity to Light Rail. · Stated that staff has architectural concerns, which are addressed with Conditions of Approval. This includes a requirement for an increase in brick wainscoting on the frontage and the use of concrete tile instead of composition shingle roofing material, the inclusion of rafter details and the continuation of the decorative pavement throughout the driveway area. · Said that the Tentative Subdivision proposes 20 lots while staff is recommending a common drive as the 21st lot. · Informed that SARC reviewed this proposal. · Recommended that the Commission support the Negative Declaration and adopt three Resolutions in support of the Planned Development, Tentative Subdivision and Tree Removal Permit. Planning Commission Minutes of July 9, 2002 Page 3 Commissioner Alderete pointed out that there appears to be more than 37 trees on the property and not all appear to be London Plane. Associate Planner Tim J. Haley replied that there are also other smaller trees that are too small to require a Tree Removal Permit and added that the majority of the trees to be removed are London Plane. Commissioner Gibbons asked if a two-year approval is proposed. Associate Planner Tim J. Haley replied yes. Commissioner George Doorley provided the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal on June 25th and was supportive with the added requirements for additional use of brick wainscoting, use of concrete roof tile and expanded use of decorative paving on the driveway. Chair Francois opened the Public Hearing for Agenda Item No. 1. Mr. Chris Neale, Applicant, Coroem Builders: · Thanked the Commission and staff for their efforts. · Stated that they have redesigned their project and attempted to maintain the architecture and decrease the impact on the neighborhood. In doing so, they reduced the units from 29 to 20, increased the parking ratio and relocated the entrance. · Said that they are in complete support with the staff report and Conditions of Approval with the exception of the requirement for the expansion of the decorative driveway. Asked to be allowed the use the lower cost and easier to replace asphalt street with stamped concrete at the entrance. · Stated that it would be easier and less costly to replace and match if the street should need to be dug up for utility repairs. Commissioner Doorley asked Mr. Neale if he is in support of the roofing and wainscoting requirements as well as the requirement for the common lot for the driveway. Mr. Chris Neale said that they support those requirements. Commissioner Hernandez asked about the requirement to work with staff to facilitate reserved parking along the street frontage. Mr. Chris Neale said that they are willing to work with City staff to see about obtaining reserved parking during certain hours for residential uses. Commissioner Gibbons: · Stated that a lot of hard work has gone into the project and that this is a tough site. · Said that while lots of good things have happened there is still much left unresolved. · Said that there is too much detail and not enough drawings to really know what this project will look like. Planning Commission Minutes of July 9, 2002 Page 4 Expressed concern about the grading and the elevation of the site and said that there appears to be no provision for drainage of the driveway. Chair Francois asked staff to address Commissioner Gibbon's concerns. Associate Planner Tim J. Haley advised that a preliminary grading and drainage plan has been prepared and that staff is working with the applicant for an underground storm drain system for the driveway. Commissioner Gibbons stated that such a drainage system would allow the project to be lowered. Associate Planner Tim J. Haley said that the Architect could speak to the issue of the porches and the developer's desire to provide privacy on the porches by having them higher than street level. He added that landscaping and decorative fencing would soften the brick material. The building will have a more traditional appearance. Commissioner Gibbons pointed out her concerns regarding the elevation on Page 6 of the plans. Commissioner Alderete asked about the applicant's request to drop the Condition for stamped concrete for the entire driveway. Associate Planner Tim J. Haley advised that the Commission could modify that Condition of Approval if it so chooses. He added that staff does not feel it is likely that the driveway will be torn up in the future or that the use of a driveway material such as interlocking pavers would be a problem. Commissioner Jones asked how it could be assured that garages would be left free for parking. If the owners do not use their garages, it would put a burden on the surrounding area. Associate Planner Tim J. Haley replied that there would be a requirement in the CC&R' s. Commissioner Hernandez asked if the applicants are working with City staff on the subject of reserved street parking for residents. Associate Planner Tim J. Haley advised that the Commission could forward the recommendation to Council to restrict parking in the evening hours for residents. This is a Public Works issue to so designate the street parking. Commissioner Hernandez asked staff for the rational for brick wainscoting. Associate Planner Tim J. Haley replied that while porches and stucco banding breaks up the 2.5 story elevation the wainscoting is intended to provide a stronger horizontal line. Commissioner Hernandez asked if different stucco colors could accomplish the same thing. Planning Commission Minutes of July 9, 2002 Page 5 Associate Planner Tim J. Haley advised that the applicant has proposed a change in color. Commissioner Gibbons pointed out on the elevation on Page 6 of the plans that the brick under the columns is disproportionate and that dark brown stucco might be okay. Commissioner Alderete said that this project has come a long way although he still has parking concerns. Suggested that the CC&R's require that the six on-site parking spaces be restricted to use by visitors only in the interest of taking parking pressure off the street. Chair Francois closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Doorley, the Planning Commission took the following action: 1. Recommended that Council adopt a Negative Declaration; 2. Adopted Resolution No. 3440 recommending approval of a Planned Development Permit (PLN2001-129) to allow the construction of 20 townhomes; 2. Adopted Resolution No. 3441 recommending approval of a Tentative Subdivision Map (PLN2001-130) to allow the creation of 20 townhome lots and one common lot; and 3. Adopted Resolution No. 3442 recommending approval of a Tree Removal Permit (PLN2002-05) to allow the removal of 35 of 37 trees on property located at 117 Gilman Avenue, by the following roll call vote: AYES: Alderete, Doorley, Francois and Hernandez NOES: Gibbons and Jones ABSENT: None ABSTAIN: None Chair Francois advised that this matter would be considered by Council at its meeting of August 6, 2002, for final action. Chair Francois read Agenda Item No. 2 into the record. 2. PLN2002-27 Krahn, D. Public Hearing to consider the application of Mr. Dale Krahn, on behalf of Campbell Christian Schools, for a Modification (PLN2002- 27) to a previously approved Conditional Use Permit to allow two additional modular classrooms at Campbell Christian School on property owned by Campbell Church of Christ located at 1075 W. Campbell Avenue in a P-F (Public Facilities) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Project Planner: Tim J. Haley, Associate Planner. Planning Commission Minutes of July 9, 2002 Page 6 Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that this request is for a Modification to a previously approved Conditional Use Permit to allow two new portable classroom buildings. Previously, two other portable classroom buildings were approved. This request would bring the total of portable classrooms to four. · Added that the school will pursue a plan for permanent classrooms in the next four to five years. Stated that a Traffic Report was prepared that finds no significant impact would result from the addition of these portable classrooms. · Informed that the school held a neighborhood meeting to discuss traffic and parking issues and the decision was made to maintain the current circulation pattern since students walk across the Campbell accessed driveway to reach classrooms and thus creating a safety issue. · Stated that the site is well parked for both the church and school uses. · Added that there is potential for a future traffic signal at Victor and Campbell Avenues and that the school will be required to pay a proportional share of the costs as outlined in the Conditions of Approval. · Recommended that the Commission adopt a Resolution approving this request. Commissioner Doorley provided the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal on June 25, 2002, and was supportive of a three-year approval for these portable classrooms. Chair Francois opened the Public Hearing for Agenda Item No. 2. Mr. Jim Malone, 1021 Hedegard, Campbell: · Stated that he lives at the comer of Victor and Hedegard. · Questioned whether a trailer park would be allowed on this property. · Stated that this is being operated as more like a child care center than a school. · Said that he can hardly leave his driveway between 8 and 10 a.m. as well as in the afternoon. · Said that for years he has lobbied for a signal at Campbell and Victor Avenues as it is nearly impossible to get onto Campbell Avenue from Victor. · Pointed out that with the Habitat houses under construction, there will be an additional 23 people living on the street with their associated vehicles. · Suggested that the traffic counts were not accurate since they were taken during school vacations and do not reflect true numbers. Said that the school is not using their Campbell Avenue entrance. · Said that his comments reflect his neighbor's opinions and concerns too. That neighbor could not attend this evening's meeting. · Stated that these temporary buildings should not be approved on the parking lot. Chair Francois asked Mr. Malone if the traffic signal would satisfy most of his concerns. Mr. Jim Malone replied that it would help prevent people from getting killed. Planning Commission Minutes of July 9, 2002 Page 7 Chair Francois asked for more information about the traffic study. Mr. Shawn Stuart, Co-Director, Campbell Christian Schools, 1075 W. Campbell Avenue, Campbell: · Stated that they held a neighborhood meeting. Said that they would not request more than these four portable classrooms and have the desire to build permanent buildings. Added that their primary concern is the safety of their students and that using the Campbell Avenue entrance could pose safety issues such as traffic backup on Campbell Avenue that could result in accidents. Commissioner Gibbons asked Mr. Stuart if the days that the traffic counts were taken, February 16-23, 2001, were a vacation period at the school. Mr. Shawn Stuart replied that he was not sure since it was a year ago. Commissioner Gibbons asked if the modular classrooms were in place when the traffic counts were taken. Mr. Shawn Stuart replied that one was in place but that at the time they were seeking approval for a second. Added that the school does not allow parents to park along the street in deference to the neighbors and that they also agreed to open the Campbell Avenue entrance for big events, which occur about 10 to 12 times per year. Said that they would have no problem opening the Campbell Avenue entrance permanently but for the safety concerns with kids crossing the driveway to reach the classrooms on the other side. Chair Francois closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3443 approving a Modification (PLN2002-27) to a previously approved Conditional Use Permit to allow two additional modular classrooms at Campbell Christian School on property owned by Campbell Church of Christ located at 1075 W. Campbell Avenue and found this project to be Categorically Exempt, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez and Jones NOES: None ABSENT: None ABSTAIN: 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. Planning Commission Minutes of July 9, 2002 Page 8 3. PLN2002-34 Milbank Public Hearing to consider the application of Randy and Virginia Milbank for a Site and Architectural Review Permit (PLN2002-34) to allow the construction of a new single-family residence on property owned by Randy and Virginia Milbank located at 1224 Abbott Avenue in an R-l-9 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Project Planner: Darcy Smith, Planner II Ms. Darcy Smith, Planner II, presented the staff report as follows: · Advised that the applicant is seeking a Site and Architectural Review Permit to allow a new single-family residence on a parcel located on the east side of Abbott Avenue, one parcel north of W. Hacienda Avenue. · Added that the parcel is surrounded on three sides by single-family residences. It is currently developed with a single family residence and garage constructed in 1954. This structure will be demolished. · Identified the General Plan designation as low-density residential and the Zoning designation as R-l-9 (Single Family Residential with minimum lot sizes of 9,000 square feet). This project is consistent with the Zoning and San Tomas Area Neighborhood Plan. · Said that the proposed home is a two-story that will incorporate simple forms, roof and windows, a composition tile roof, rock wainscoting and two separate garage doors to reduce the appearance of the garage. The proposed paint color is beige with smoky blue trim. · Informed that a letter of support from the adjacent neighbor has been provided. Commissioner Gibbons discussed the prominence of the garage doors and said that the bevel on these garage doors is not consistent. Added that the roofline could be dropped to lessen the stucco above the garage and that the garage element is still very dominant. Suggested a Condition to require the applicant to review and rework the garage design with staff. Planner II Darcy Smith said that this issue of the garage was discussed at SARC. Commissioner Alderete provided the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal on June 25, 2002, and one Commissioner expressed concern about the garage. It was suggested that the garage doors be painted to match the house to lessen their impact. Commissioner Gibbons stated that painting the doors to match does not address her concerns. Chair Francois opened the Public Hearing for Agenda Item No. 3. Mr. Randy Milbank, Applicant and Owner, 1224 Abbott Avenue, Campbell: · Pointed out that other houses in the area have three-car garages. Planning Commission Minutes of July 9, 2002 Page 9 Commissioner Hernandez: · Stated his agreement with Commissioner Gibbons regarding the garage doors but said that changing the color will help some. Said that he is supportive of approving this project with a change in the garage since the house has rectangular shapes except for the beveled garage doors. The garage doors should be more consistent with the rest of the house. Commissioner Gibbons agreed that the beveled garage doors call attention to the garage door feature. Chair Francois asked Mr. Milbank why he has incorporated the beveled garage door feature. Mr. Randy Milbank replied that the garage was designed to look smaller and that other garages in that neighborhood have that design. Commissioner Doofley asked Mr. Milbank if he would be concerned if he did not have that beveled garage doors. Mr. Randy Milbank replied that he thought the garage looks nicer as proposed and that not everything has to match. Commissioner Jones said that this is the Milbank's home and the garage doors proposed do not make a big difference. Chair Francois closed the Public Heating for Agenda Item No. 3. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Alderete, the Planning Commission adopted Resolution No. 3444 approving a Site and Architectural Review Permit (PLN2002-34) to allow the construction of a new single-family residence on property owned by Randy and Virginia Milbank located at 1224 Abbott Avenue and found this project to be Categorically Exempt, by the following roll call vote: AYES: Alderete, Doorley, Francois, Hernandez and Jones NOES: None ABSENT: None ABSTAIN: Gibbons 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. 4 into the record. Planning Commission Minutes of July 9, 2002 Page 10 4. PLN2002-46 Walker, D. Public Hearing to consider the application of Mr. David R. Walker for a Minor Modification to a Sideyard Setback (PLN2002-46) to allow a second story addition to an existing two-story single-family residence on property owned by Mr. David R. Walker located at 1134 Lenor Way in an R-l-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: · Advised that the applicant is seeking a Minor Modification to a Sideyard Setback to allow an addition to an existing 2,383 square foot, two-story residence located on the east side of Lenor Way. The new room would be located above the garage. · Added that the proposed density is 5.6 units per gross acre, which is consistent with the allowable density of 6 units per gross acre. The zoning is Single Family Residential with a minimum lot size of 6,000 square feet. The proposal is consistent with the Zoning with approval of a Minor Modification. · Said that the project meets the setbacks on three of four sides. The sideyard setback requirement is the greater of five feet or half the wall height. With an 18.3 foot high wall, the required setback would be 9 feet, 2 inches. A lesser setback can be approved if findings can be made that it is not detrimental. · Stated that the adjacent neighbor has submitted a letter of support. · Recommended adoption of a Resolution approving this Minor Modification to the Sideyard Setback. Commissioner Hernandez clarified that the adjacent two-story residence does not have windows that are impacted by this addition. Planner Stephanie Willsey replied yes. Commissioner Alderete provided the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal on June 25, 2002, and was supportive as proposed. Chair Francois opened the Public Heating for Agenda Item No. 4. Mr. Richard Hawley, 1155 Lenor Way, Campbell: · Asked how construction hours are enforced. Director Sharon Fierro advised that if complaints are received a Building Inspector is sent out. If the infraction occurs after business hours, citizens can report noise complaints to the Police Department who will respond. Construction hours are part of the Campbell Municipal Code. Ms. Brenda Enck, 1191 Lenor Way, Campbell: · Expressed concern over the potential for monster homes. · Said that she is afraid her neighborhood will someday look like Willow Glen and wants to prevent this from happening. Planning Commission Minutes of July 9, 2002 Page 11 Commissioner Gibbons asked staff to respond to Ms. Enck's comments and discuss the San Tomas Area Neighborhood Plan. Director Sharon Fierro: · Cautioned that this street is not located within the San Tomas Area Neighborhood Plan boundaries but rather is on the north side of Hamilton Avenue. · Added that the Updated General Plan calls for citywide design guidelines that will be developed with community input and that that would be the more appropriate venue to consider this issue. Informed that Study Sessions and Community meetings will begin later this year. · Invited Ms. Enck to write a letter and staff will invite her to meetings on the guidelines. · Assured that staff would work to outreach to the community to notify them of these meetings. Commissioner Doorley reminded that second stories are allowed by right. Director Sharon Fierro agreed and said that the only place with limitations is the San Tomas Area. Commissioner Alderete suggested that Ms. Enck should organize her neighborhood. Mr. George Potter, 1119 Lenor Way, Campbell: · Stated that he lives across the street from the applicant and has no objections to this addition, finding it acceptable as planned. Ms. Gem Potter, 1119 Lenor Way, Campbell: · Declared that this project is far from being a mausoleum and that it is in line with the other homes on this street. · Reminded that monster homes are not likely since these are small lots. · Added that the Codes are in place to prevent mausoleums from being constructed. · Said that she has no concerns over this proposal or in the future of this neighborhood. Chair Francois closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3445 approving a Minor Modification to a Sideyard Setback (PLN2002-46) to allow a second story addition to an existing two-story single-family residence on property owned by Mr. David R. Walker located at 1134 Lenor Way and found this project to be Categorically Exempt, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez and Jones NOES: None ABSENT: None ABSTAIN: None Planning Commission Minutes of July 9, 2002 Page 12 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. 5 into the record. o PLN2002-56 Heydarian, H. Public Hearing to consider the application of Mr. Hamid Heydarian, on behalf of McGoon's Grog Shop, for a Conditional Use Permit (PLN2002-56) to allow the establishment of a convenience store and off-sale general liquor sales within an existing shopping center on property owned by Ralph and Teresa Raabe located at 915 S. San Tomas Aquino Road in a P-D (Planned Development) Zoning District. This project is Categorically Exempt. Planning Commission decision final in 10 days, unless appealed in writing to the City Clerk. Project Planner: Stephanie Willsey, Planner I Ms. Stephanie Willsey, Planner I, presented the staff report as follows: · Advised that the applicant seeks approval of a Conditional Use Permit to allow the establishment of a convenience store and off-sale general liquor sales within a single-story multi-tenant commercial building. · Added that this applicant currently operates at the Rolling Hills Shopping Center and was there for the last 20 years. The owner of that center has chosen to redevelop the property. · Said that the Zoning is Planned Development and the General Plan designation is Neighborhood Commercial. A Conditional Use Permit is required to allow alcohol sales. · Stated that staff is recommending denial since the required findings could not be made to substantiate this use at this location. · Informed that there is already a similar market, the Farm Milk Dairy & Market, and a pizza parlor in the immediate area that sells alcohol. A third such establishment is seen by staff as being an over-concentration. · Said that typically there is a higher crime report associated with businesses selling liquor. However, the Police Department has imposed no comments or conditions on this proposal since the policy activity for the current McGoon's site is normal for such an establishment. · Stated that 37 parking spaces are required for this center and that 35 are provide. Of those, 17 are standard, 17 are compact and one is handicapped. There is also a bicycle rack. · Said that the proposed tenant space consists of 1,800 square feet or 24 percent of the total building square footage. That space requires 9 parking spaces or 26 percent of the parking provided for the entire building. · Recommended denial of this Conditional Use Permit. · Advised that Captain Russ Patterson, of the Campbell Police Department, is available to address any questions. Commissioner Hernandez asked if there is a distinction between a convenience market versus a liquor store. Planner Stephanie Willsey advised that the applicant is proposing to go from a liquor store to more of a convenience store with grocery items. Planning Commission Minutes of July 9, 2002 Page 13 Commissioner Hernandez asked what percentage of floor area would be devoted to liquor merchandise. Planner Stephanie Willsey replied that the business would include approximately 40 percent liquor and 60 percent convenience items. Commissioner Hernandez asked if there is an impact if the percentage of liquor merchandise is reduced to say 20 percent. Planner Stephanie Willsey advised that it still represents a use with alcohol. Commissioner Gibbons asked if this location is smaller than the current tenant space at Rolling Hills. Planner Stephanie Willsey replied yes. Commissioner Alderete provided the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal on June 25, 2002, and was supportive with the addition of a new trash enclosure and additional landscaping to reduce loitering. Chair Francois opened the Public Heating for Agenda Item No. 5. Mr. Hamid Heydarian, Applicant: · Informed that he has been in the community for 20 years and his kids went to school here. · Advised that he has obtained neighbor support. · Stated that he has to move from his current location. · Distributed an updated petition with about 360 signatures. · Said that the original petition circulated was misunderstood because local neighbors thought that by not signing in support, he might be able to retain his current location. Mr. Jerry Baum, 999 S. San Tomas Aquino Road, Campbell: · Stated that his home is located about half way between the old and proposed McGoon's locations. · Said that having three liquor stores within a mile is not an advantage to his neighborhood. · Pointed out that there is a day care center adjacent. Mr. Charles Schulz, 1315 Elam Avenue, Campbell: · Said that he submitted an email with his list of points. · Said that he has nuisance issues including a problem with transients in the neighborhood who already loiter on this site. · Added that they do not need any more. · Said that there have been liquor sales violations at the Farm Milk Dairy and that a robbery was recently attempted. · Said that parking and traffic impacts are being underestimated. · Said that he feels in is unfortunate that McGoon's is being displaced. Planning Commission Minutes of July 9, 2002 Page 14 Mr. Andrew Hereth, 1254 Cobblestone Drive, Campbell: · Identified himself as the President of the Cobblestone Street Maintenance Association, which consists of 12 households. Pointed out that this is primarily a residential area and it should not be sacrificed for the convenience of other areas. · Said that this proposed use would represent the third liquor establishment within 200 feet, which is more in keeping with a major commercial center rather than within a residential neighborhood. · Stated that McGoon's is a fine establishment but bringing it to this location would result in too high a concentration. · Explained that vagrants loiter around this site and beg for money. Mr. Mark Gustlin, 1257 Cobblestone Way, Campbell: · Agreed with the staff recommendation and asked the Commission to deny this request. · Said that there is a transient problem and they sleep in the center and beg there. Mr. David Jebens, 1275 Elam Avenue, Campbell: · Said that he lives across the street. · Added that while he is sorry that Mr. Heydarian is being forced out there are already two businesses with alcohol sales already in this area. · Said that he has called the Police a couple of times an that there is a trash and litter problem. · Added that he woke up on July 4th to find broken bottles in his front yard. · Stated that the community is not being supported by the City with this homeless issue. · Said that this proposed use would be detrimental to the neighborhood. Ms. Susan Vlasoff, 955 Jonathon Court, Campbell: · Stated that she lives half a block away and has lived in Campbell for 10 years. · Added that her home faces Jonathan Court with the back yard facing San Tomas Aquino Road. · Said that traffic in this area is horrendous and that she cannot imagine accommodating more. · Agreed with the concerns expressed by others. · Said that she too has found abandoned bottles but that she recycles them. · Said she understands the applicant's desire to relocate locally to maintain his clientele. · Said that the residents of the nearby apartments already park along the street. Mr. Paul Newman, 928 Cullen Court, Campbell: · Said that he is on the Board for the San Tomas Neighborhood Association and had offered a tabulation of the survey reports but that they differ from those numbers provided by staff in their report. In his count, there were 70 in opposition, 49 in support and three residents were neutral. Planner Stephanie Willsey advised Mr. Newman directly to the City office and/or to the applicant. provided by Mr. Newman. that many survey results were delivered These responses were added to the results Planning Commission Minutes of July 9, 2002 Page 15 Mr. Edward Jaggara, 15435 Skyline Boulevard, Los Gatos: · Said that Hamid Heydarian has helped the community for 20 years, even co-signing a loan for him. Questioned the tenure of those residents who do not support this application. · Asked the Commission to give Mr. Heydarian a chance to continue his business in this neighborhood, as it would be a detriment to lose this asset to the community. · Said that he works in Campbell. Ms. Aida Jebens, 1275 Elam Avenue, Campbell: · Said that she has lived in Campbell for six years. · Asked what sort of guarantee that can be offered that once Mr. Heydarian obtains this Use Permit that he will continue to own this business. · Stated that current customers at the Farm Milk Dairy leave their cars running with music blaring while they enter the store to make their purchase. Mr. Earl Farabaugh, 1394 Munro Avenue, Campbell: · Said that he has been in the neighborhood for 31 years and has never experienced a problem with the liquor store. However, he also does not drink nor buy liquor himself. · Suggested that the present merchants (Farm Milk Dairy) be thrown out and let this one in instead. Mr. Brian Clausen, 895 S. San Tomas Aquino Road, Campbell: · Said that he is trying to prevent his neighborhood from experiencing further degradation. · Said that Mr. Heydarian sounds like a pillar of the community but he cannot control his customers. · Said that there are potential traffic impacts and there are already trash issues and regular fights. They don't need more of this. · Said that another location would be better suited. · Requested denial of this application. Captain Russ Patterson, Campbell Police Department: · Said that he did not have specific data on the transient issue raised but that homelessness was a wide reaching problem. · Said that in data from 1991 onward, McGoon's had a history of increased calls but that the frequency of calls has decreased over the last two to three years. Commissioner Alderete asked Captain Patterson about the relation of homeless to this potential business. Captain Russ Patterson said that the San Tomas Area has been an area that is attractive to the homeless, some of whom used to live in the area in years past. Ms. Gail Matthews: · Said that she has lived in the area for 20 years and shopped at McGoon's. · Asked the Commission to give McGoon's a chance at this new location. Planning Commission Minutes of July 9, 2002 Page 16 Ms. Gabrielle Mayfield, 1253 Cobblestone Drive, Campbell: Said that she has no problem with Mr. Heydarian but does have a problem with having two such stores so close. · Stated that no one is saying that the Farm Milk Dairy is well run but it is there. · Pointed out that there was already a murder on San Tomas Aquino Road. Ms. Frances Shaddox, 703 S. San Tomas Aquino Road, Campbell: · Said that the murder mentioned by the previous speaker occurred in front of her home. · Pointed out that Hamid Heydarian asks for identification of his patrons and never sells to underage patrons. · Added that Mr. Heydarian also sponsored a car wash to raise funds following 9/11. Ms. Samantha Vasquez, 1256 Cobblestone Drive, Campbell: · Stated that having two such stores so close together is too much for their neighborhood. · Said that there are very scary types of clientele drawn to theses businesses. Ms. Christy Ward, 150 Saratoga Avenue, Santa Clara: · Identified herself as an employee of Mr. Heydarian. · Said that his clients are families. · Declared that good people attract good people and Mr. Heydman is a good person. Mr. Abe Hashemi, 1165 Smith Avenue, Campbell: · Stated that the Farm Dairy has been a problem for years. · Suggested that Mr. Heydarian should buy that place. Commissioner Gibbons reminded that the Use Permit runs with the location. Director Sharon Fierro replied yes. Commissioner Gibbons asked how the Farm Milk Dairy would go away. Director Sharon Fierro replied if it were to be abandoned for one year or if a nuisance abatement process was undertaken. Commissioner Gibbons said that if this location is permitted for selling liquor, it would be so allowed in perpetuity. Commissioner Hemandez asked Mr. Heydarian for the time frame he has to find a new place. Mr. Hamid Heydarian replied that he has until the end of this month. Commissioner Hemandez asked Mr. Heydarian why he selected this particular location. Mr. Hamid Heydarian replied because there is not a lot available right now. This space just became available about six weeks ago. Planning Commission Minutes of July 9, 2002 Page 17 Commissioner Hemandez asked Mr. Heydarian if he has any concerns situating his business to close to a similar business. Mr. Hamid Heydman replied that he used to have similar businesses (grocery store, pizza parlor, etc.) at his Rolling Hills location and survived. He added that his business would be a good challenge for the Farm Milk Dairy to clean up their act. He added that he is not afraid to refuse service if it becomes necessary. Commissioner Hernandez asked Mr. Heydarian if he had considered a business without liquor sales. Mr. Hamid Heydarian replied that he has held a liquor license for 20 years. He added that he carries higher quality liquors and that the homeless cannot afford 18-year-old scotch. Commissioner Hemandez asked Mr. Heydarian if he could consider a smaller percentage of liquor. Mr. Hamid Heydarian stated that he would be going from a 3,000 square foot shop to a 1,500 square foot shop. He includes convenience items such as bread and milk. He added that he could not operate with 20 percent liquor products or less and have this business survive. Commissioner Gibbons asked Mr. Heydarian his proposed business hours and delivery hours. Mr. Hamid Heydarian: Provided operational hours as being from 7 a.m. to 10 p.m., Monday through Friday; 8 a.m. to 11 p.m., Saturday; and 8 a.m. to 10 p.m. on Sunday. · Advised that from 7 to 9 a.m. each morning he makes 50 percent of his morning sales with coffee and donuts, etc. Stated that deliveries occur on Tuesdays and Thursdays between the hours of 8 a.m. and noon, with occasional different deliveries during holidays. Commissioner Alderete asked Mr. Heydarian to address the concems raised by the neighbors who oppose his business. Recognized that lots of comments have also been regarding Mr. Heydarian's high character. Mr. Hamid Heydarian said that he would keep the property neat and approach customers that leave noisy stereos running. If those customers refuse to turn down their music, he would simply refuse service to discourage their return to his store. Said that he is not looking for a short-term location. He already has a 20 year commitment to this neighborhood. Commissioner Hernandez asked Mr. Heydarian if he would support a provisional approval for six to nine months after which time a review could be conducted to determine if this business is compatible to the neighborhood. Mr. Hamid Heydarian said he could support that concept. Planning Commission Minutes of July 9, 2002 Page 18 Commissioner Hernandez asked Mr. Heydarian if he is clear that if the use if found not to be compatible, his approval would be revoked. Mr. Hamid Heydarian said that he has no problem with that Condition. Commissioner Gibbons stressed that if the business were later found not to be compatible he would have to leave this location. Mr. Hamid Heydarian said that if the problems were his fault, he would walk away. Commissioner Hemandez: · Stated that this is a difficult application to assess. · Said that the real issue is liquor sales. · Added that the applicant has a history of demonstrating his willingness to be an integral part of this community. · Said the question is how this use can co-exist at this location with nearby residential uses. · Suggested giving Mr. Heydarian an opportunity and/or consider the percentage of alcohol allowed. Commissioner Gibbons asked if a six-month approval is a possibility. City Attorney William Seligmann replied yes. He said that a hard and fast six-month approval would require the applicant to reapply. Otherwise, a Condition can be imposed requiring a six- month review to assure compliance with the Conditions and compatibility with the area. Ms. Doreen Berreas, San Tomas Aquino Road, Campbell: · Declared this provision to limit the amount of liquor that could be stocked in this store as being unfair. Commissioner Hernandez agreed that this is a valid comment. Mr. Edward Jaggara, 15435 Skyline Boulevard, Los Gatos: · Pointed out that Hamid Heydarian took over a failing business at Rolling Hills Shopping Center and made it a success. Commissioner Doorley: · Stated that he is tom on this request. · Identified two conflicting issues, concentration and a good member of the community who should be supported. · Expressed concern over a short-term approval. Stated that regardless of the fine character of this owner, the concentration of such uses causes problems. Commissioner Alderete: · Said that this is a difficult decision to make amid the many impassioned pleas. Planning Commission Minutes of July 9, 2002 Page 19 Stated that existing problems in this immediate area are not related to Mr. Heydarian's business and that Mr. Heydarian has been a strong positive character that has been an asset to the community. · Said that he has faith in Mr. Heydarian's positive impact in this area. · Added that he does not see an over concentration as being an issue since this business operated just 3/10 of a mile away for 20 years. · Suggested that Mr. Heydarian be given a chance and to let the competitive market work. Mr. Paul Newman said that he has never seen homeless (or people urinating) outside a Starbuck's like he has outside the Farm Milk Dairy. Stated that it is a reflection of the combination of products - tobacco, pornography and liquor - that makes the difference. Commissioner Gibbons restated the fact that the Use Permit runs with the land even if Mr. Heydarian should leave the area. Anyone else could move in on this use. City Attorney William Seligmann clarified that whoever does purchase this business in the future would be required to obtain their own ABC license. Commissioner Jones asked about controls over the amount of window signs on such businesses. Senior Planner Geoff I. Bradley advised that window signs are exempt under the Sign Ordinance if they cover less than 50 percent of the window area, which is sometimes hard to enforce. Director Sharon Fierro cautioned that enforcement of these window signs is not a Code Enforcement priority when there are substandard housing issues to handle. Mr. Earl Farabaugh pointed out that there is no on-site alcohol consumption at McGoon's and asked if this fact makes a difference when compared to a use such as the adjacent pizza parlor. Chair Francois closed the Public Heating for Agenda Item No. 5. Commissioner Hernandez pointed out that Winchester and Bascom Avenues are big retail areas while this is a residential neighborhood with commercial uses dropped into it. Commissioner Alderete said that he is confounded and that it appears that people are opposed more to the existing Farm Milk Dairy while all comments about Mr. Heydarian himself are all positive. Suggested letting competitive forces decide. Commissioner Doorley stated that having a concentration of liquor establishments brings in more such business and could make this area a liquor draw. Commissioner Jones agreed that this use would result in an over-concentration and expressed support for staff's recommendation of denial. Planning Commission Minutes of July 9, 2002 Page 20 Commissioner Gibbons said that she drove around this neighborhood and also supports staff's recommendations. She cannot support this proposal. Chair Francois: · Supported a restricted six-month approval for this business owner, a man with a 20-year clean business history. · Said that while he personally does not consume liquor or tobacco products, they are legal. Said that it is reprehensible to deny this man his living. · Suggested supporting a Conditional Use Permit with time limits. If the Conditions are not adhered to, the Commission can revoke it. Commissioner Gibbons strongly objected to Chair Francois' statement that this Commission is denying Mr. Heydarian his living. He is losing his location because his current landlord is redeveloping their property. Commissioner Doorley seconded this objection to the characterization that the Commission was denying Mr. Heydarian his living. Added that he could support a six-month trial approval. Commissioner Hernandez stated the importance of establishing very clear guidelines to determine what factors are at the control of this applicant that would be evaluated after the trial period. Commissioner Gibbons asked whether some sort of follow up could occur regarding the neighborhood complaints over bottles left in the neighborhood. Commissioner Alderete proposed that guidance on commercial uses in the San Tomas Area be included in the San Tomas Area Neighborhood Plan. Director Sharon Fierro advised that the San Tomas Area Neighborhood Plan is an urban design guideline and not a business operations guideline. She suggested that the Zoning Code Update would better address commercial performance issues. Commissioner Alderete questioned the concept of concentration. Director Sharon Fierro said that that there are more problems if commercial uses are surrounded by residential uses than if commercial uses are located on a major arterial. Commissioner Hernandez pointed out that a future owner may not be as great as Mr. Heydarian. Commissioner Gibbons cautioned that the Commission probably only has one chance at a motion since there are an equal number of Commissioners. City Attorney William Seligmann stated that two motions might be possible but no action would result if there were a tie vote. Planning Commission Minutes of July 9, 2002 Page 21 Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3446 den¥in~ a Conditional Use Permit (PLN2002-56) to allow the establishment of a convenience store and general off-sale liquor sales within an existing shopping center on property owned by Ralph and Teresa Raabe at 915 S. San Tomas Aquino Road, by the following roll call vote: AYES: Doorley, Gibbons, Hernandez and Jones NOES: Alderete and Francois ABSENT: None ABSTAIN: None Chair Francois advised that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Advised that Council took action to reject bids for the Community Center Master Plan and John D. Morgan Park Projects due to technical problems. These projects will be re-bid. Council also revised the scope for the Harriet/McCoy Improvement Project. ADJOURNMENT The Planning Commission meeting adjourned at 10:12 p.m. to the next Regular Public Hearing on July 23, 2002, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: APPROVED BY: ATTEST: Corinne A. Shinn, Re, cordjmg Secretary / / ~.- Tom Francois, Chair Sharon Fierro, Secretary