PC Min 10/09/2001CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
OCTOBER 9, 2001
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of October 9, 2001, was called to order at 7:30 p.m.,
in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair
Hemandez, and the following proceedings were had, to wit:
ROLL CALL
Commissioners Present:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Joseph D. Hernandez
Bob Alderete
George Doorley
Elizabeth Gibbons
Brad Jones
Felicia Leonard
Commissioners Absent:
Chair:
Tom Francois
Staff Present:
Community
Development Director:
Senior Planner:
Associate Planner:
Planner I:
Planner I:
City Attorney:
Reporting Secretary:
Sharon Fierro
Geoff I. Bradley
Tim J. Haley
Kristi Bascom
Stephanie Willsey
William Seligmann
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Doorley, seconded by Commissioner
Alderete, the Planning Commission minutes of September 25, 2001,
were approved. (4-0-1-2; Commissioner Francois was absent and
Commissioners Jones and Gibbons abstained)
COMMUNICATIONS.
1. Revised Findings for Item 2 and Item 4.
2. Draft Resolution for former Architectural Advisor Jeff Bowlsby.
Planning Commission MinuLes of October 9, 2001 Page 2
ORAL REQUESTS
There were no oral requests.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
ORAL REQEUST
Robert Nicholas, P.O. Box 112272, Campbell, CA 95011, expressed concerns that City
adopted Ordinances and Conditions of Approval are not usually adequately enforced.
PUBLIC HEARING
Acting Chair Hemandez read Agenda Item No. 1 into the record.
1. PLN2001-105
Walton, C&L
Public Hearing to consider the application of Charles and Lizabeth
Walton for a Conditional Use Permit (PLN2001-105) to allow a
residential addition and construction of a secondary living unit on
property located at 1450 Van Dusen Lane 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.
Ms. Kristi Bascom, Planner I, presented the staff report as follows:
· Advised that the applicant is seeking a Site and Architectural Approval to allow an addition
to a two-story single-family residence and a Use Permit to allow the construction of a new
634 square foot secondary living unit with an attached garage.
· Identified the project site as being to the northeast of Highway 85, off Pollard Avenue.
· Added that this site has duel frontage on both Van Dusen and Robnick.
· Informed that the proposed FAR is .45, which is within the allowable range. The structure
will be 26 feet tall and all Zoning and STANP requirements are met with this proposal.
· Recommended that the Commission adopt a Resolution approving this request for an
additional and new secondary living unit.
Commissioner Gibbons asked staff if the City has approved a secondary living unit with
attached garage before.
Planner Kristi Bascom replied that she was unsure.
Director Sharon Fierro advised that she could recall at least one instance.
Commissioner Doorley asked if a Robnick address would be assigned.
Planner Kristi Bascom advised that there would be two addresses for the two units, one on Van
Dusen and the other on Robnick.
Acting Chair Hemandez presented the Site and Architectural Review Committee report as
follows:
Planning Commission Minu,cs of October 9, 2001 Page 3
· SARC reviewed this project on September 25, 2001, and was supportive of the proposal
with no requested changes.
Acting Chair Hemandez opened the Public Hearing for Agenda Item No. 1.
Mr. Gary Giraud, 615 Louise Court, Campbell:
· Advised that he is the representative for the San Tomas Neighborhood Association.
Pointed out that this proposed home is huge but that there are other such large homes in the
immediate area.
· Asked staff to ensure that an exact lot size is determined and that the allowable FAR under
the STANP not be exceeded.
· Expressed support for approval since it appears that none of the adjacent neighbors have
any objections.
Acting Chair Hemandez asked Planner Kristi Bascom if staff is certain that the FAR will not
exceed allowable.
Planner Kristi Bascom replied yes. She explained that the lot size determined by the project's
civil engineer is smaller than the information depicted on the Assessor's parcel information
data. The smallest figure, provided by the project's engineer, is the number that has been used
to calculate the FAR. The proposed exact FAR is .448 based on that lot size.
Acting Chair Hemandez closed the Public Hearing for Agenda Item No. 1.
Commissioner Alderete:
· Expressed appreciation for the fact that beautiful mature trees on site will be preserved.
· Agreed that this project conforms with the surrounding area.
· Stated that this site offers a unique opportunity to create two dwellings.
· Said that this is a neat project.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner
Doorley, the Planning Commission adopted Resolution No. 3379 approving
a Conditional Use Permit (PLN2001-105) to allow a residential addition
and construction of a secondary living unit on property located at 1450
Van Dusen Lane; by the following roll call vote:
AYES: Alderete, Doorley, Gibbons, Hernandez, Jones and Leonard
NOES: None
ABSENT: Francois
ABSTAIN: None
Acting Chair Hemandez advised that this decision is final in 10 days, unless appealed in
writing to the City Clerk.
Acting Chair Hernandez read Agenda Item No. 2 into the record.
Planning Commission Minu~,:s of October 9, 2001 Page 4
2. PLN2001-109
City Staff
Public Hearing for a City-initiated Modification (PLN2001-109) to
the Conditions of Approval for a previously approved Planned
Development Permit on property located at 480 E. Hamilton Avenue
(Home Depot) in a PD (Planned Development) Zoning District. A
Negative Declaration was previously approved for this site.
Tentative City Council Meeting Date: November 20, 2001.
Ms.Kfisti Bascom, Planner I, presented the staff report as follows:
· Advised that this hearing was a City-initiated effort to Modify the Conditions of Approval
adopted in 1991 (Modified in 1994) when this project was originally approved.
· Pointed out that the need for Modifications to the original approval are the result of
recurring problems with the operations of Home Depot (noise from fork lifts, trucks
arriving and unloading at all hours, etc.). These activities occur at all hours, including
between midnight and 4 a.m., which causes disturbances for the nearby residences,
particularly those near the western property line. Both the Community Development and
Police Departments have received numerous complaints.
· Informed that operational hours were originally imposed.
· Said that staff has been working with Home Depot since the beginning of this year. On
June 7, 2001, a Notice of Violation was issued. Disturbances have continued since.
· Advised that staff is recommending Modifications to the Planned Development Permit,
adding new Conditions of Approval that include physical modifications to the site to help
prevent some of the negative noise impacts.
· Said that a Neighborhood Meeting was held on September 20th at which time testimony
and recommendations were received from the nearby neighbors.
· Recommended that the Commission adopt a Resolution modifying the original Planned
Development Permit.
Commissioner Gibbons pointed out that this is not the first time this issue has been brought
before the Planning Commission.
Planner Kristi Bascom agreed and advised that Home Depot was brought before the City in
February 2000 to answer to similar concerns. Although problems were solved for a time, they
resumed later.
Commissioner Gibbons asked if a representative is in attendance this evening with the
authority to make commitments on behalf of Home Depot to solve this situation. Asked what
would occur if compliance is not reached within the prescribed 90 days.
Director Sharon Fierro pointed out that Home Depot is in agreement that physical changes to
the site are required to solve these issues. Added that should compliance not be reached, this
matter would be returned to the Planning Commission for further action.
Commissioner Doorley asked about outdoor storage.
Planner Kfisti Bascom advised that outdoor storage was originally approved behind the
building. However, Home Depot has volunteered to cease outdoor storage on both the west
and south sides behind the building.
Planning Commission Minmes of October 9, 2001 Page 5
Commissioner Alderete inquired how long the neighborhood has been dealing with these
concerns. Added that he felt that 5:30 a.m. is still too early for moving shopping carts on the
site.
Planner Kristi Bascom:
Advised that complaints have been received since the store opened in 1992 but that she
would defer to the area neighbors to clarify just how long there have been problems.
· Pointed out that when problems arise, the store manager is contacted. Generally, the
manager corrects the problem. Once that manager moves on, a new manager comes on
board that is unaware of what is required and the problems recur.
· Said that the current manager has corrected some things.
· Added that staff is recommending that the shopping carts be moved outside as late as
possible for the store's 6 a.m. opening.
Commissioner Jones asked what kind of carts.
Director Sharon Fierro pointed out that at night there is less ambient noise so the movement of
these carts is clearly heard. Said that they make a thunderous sound as they are rolled along
the rough asphalt.
Commissioner Leonard asked for further details about this problem previously being brought
to the Planning Commission.
Planner Kristi Bascom advised that there was a Public Heating in 2000 at which time
recommended changes were made and the instruction to reconsider in six months after
implementation of the proposed changes. When the six-month report came back before the
Commission, it appeared that the changes had adequately corrected any concerns.
Acting Chair Hernandez asked why staff is proposing a 90 day compliance period.
City Attorney Seligmann advised that staff has determined 90 days to be reasonable but that
the Commission is free to modify the compliance time frame.
Acting Chair Hemandez opened the Public Heating for Agenda Item No. 2.
Mr. Hussam Alkhadra, 86 W. Rincon Avenue, Unit 16, Campbell:
· Advised that he has resided in Campbell for 11 years.
· Said that his wife is mentally ill.
· Expressed his appreciation for the Campbell Police Department, saying that on several
occasions they have called 911 for assistance.
· Declared that when they need help they don't call a friend for assistance they call the
Campbell Police.
Mr. Robert Nicholas, P.O. Box 112272, Campbell, CA 95011:
· Stated that he does not enjoy standing here.
Planning Commission Minu[es of October 9, 2001 Page 6
· Said that he has been involved since the beginning and has "seniority" on these problems,
which have been on-going since day one.
· Advised that neighbors have circulated petitions over the years and some community
meetings have been held.
· Agreed that some managers have been cooperative while others less so.
· Said that at the time of original approval, he warned that Home Depot is a 24-hour
operation.
· Added that this is a very big organization but that corporate leaders are not local. Off-site
managers don't care about these impacts on the area.
· Said that the City has to do something about this situation.
· Declared that they have as important an investment in their homes as Home Depot does in
its establishment.
· Added that residents would be arrested if they tried to block access to Home Depot,
therefore preventing them from doing business, but that Home Depot is not stopped from
allowing them the enjoyment of their homes.
· Said that the proposed gates should be kept closed until 6 a.m. when the store opens for
business instead of 5:30 a.m. as suggested in the staff report.
· Said that Trucks leave Home Depot turning right onto Salmar Avenue, ignoring the "No
Trucks" signs. Delivery trucks also exit Highway 17 onto Hamilton Avenue, turn left onto
Harrison, left onto Central, left onto Tubby, right onto Hamilton and then right into Home
Depot. Added that during original construction of Home Depot about 80 percent of the
construction truck traffic used that route he just described.
Commissioner Gibbons asked Mr. Nicholas if he has read the proposed Conditions of
Approval.
Mr. Robert Nicholas replied yes.
Commissioner Gibbons asked Mr. Nicholas if he has any specific comments to the proposed
Conditions of Approval.
Mr. Robert Nicholas said that what is being proposed is okay but that traffic needs to be
addressed.
Commissioner Gibbons asked Mr. Nicholas if the Conditions will handle issues.
Mr. Robert Nicholas:
· Said that he had spoken with a previous City Traffic Engineer about the possibility of
installing signs at the Highway 17 off-ramp directing Home Depot Truck Traffic through
the light onto Salmar and restricting any right tums.
· Added that the CalTrans does not permit the posting of such signs as he has mentioned.
· Advised that he can actually sympathize somewhat with the truck drivers who may not
know the neighborhood and get lost in the area.
Mr. Dave Hamer, Store Manager, Home Depot, 480 E. Hamilton Avenue, Campbell:
· Said that he has not seen the staff report with staff additions and asked if it is essentially the
same as he has proposed.
Planning Commission Minmes of October 9, 2001 Page 7
Planner Kristi Bascom advised that the staff report is in greater detail.
Mr. Dave Hamer said that structural changes will help achieve a long-term solution. Said that
the shopping carts are moved outside at 6 a.m. and not before and that they are rolled out the
front roll-up door.
Planner Kristi Bascom said that the neighbors at the Neighborhood Meeting raised this issue
and that the carts are moved on site prior to 6 a.m.
Mr. Dave Hamer said that trucks will be kept offofthe main parking lot.
Acting Chair Hemandez asked Mr. Hamer if he attended the Neighborhood Meeting.
Mr. Dave Hamer replied yes.
Commissioner Jones asked Mr. Hamer why the carts are put inside at night.
Mr. Dave Hamer advised that only carts needed for stocking shelves during the night are
brought into the store.
Commissioner Doorley asked Mr. Hamer how long he has been the store manager at this
location.
Mr. Dave Hamer replied a year and a half.
Commissioner Doorley pointed out that although automated locking devices are proposed,
these devices could be intentionally disabled.
Mr. Dave Hamer said that they are currently installing such a device on their back roll up door.
It incorporates a key pay and will be regularly maintained so that it is not disabled and unused.
Director Sharon Fierro said that the Fire Department requires that access be open and available
at each perimeter of the store.
Mr. Dave Hamer said that a crash gate can be used on Hamilton Avenue and/or it can be
connected to the ADT Alarm.
Commissioner Doorley asked Mr. Hamer how confident he is that these proposed Conditions
of Approval can be met.
Mr. Dave Hamer said that the outdoor storage at the back of the site will be discontinued. It
has been removed from one side. On the east side, two storage containers will be placed to
contain matehals that will not fit into the store. Additionally, they plan to reduce the inventory
in the store.
Commissioner Doorley asked where pallets will be stored.
Planning Commission MinuLes of October 9, 2001 Page 8
Mr. Dave Hamer said that they would not be stored long-term any longer. They have
contracted with a company that will pick pallets up six times a week.
Commissioner Gibbons:
· Reminded Mr. Hamer that Home Depot has been before the Commission once before and
she is not willing to see them back for a third time on the same issues.
· Said that she recalled asking a previous Home Depot Manager how transitional training
would be handled so that new managers are aware of problems and how to prevent them.
· Asked for some kind of commitment from someone at Corporate Headquarters that Home
Depot is committed to complying with all imposed Conditions of Approval.
Mr. Dave Hamer assured that all levels of management are involved in this matter.
Commissioner Gibbons cautioned Mr. Hamer that the Commission considers this to be a very
serious matter and suggested that he convey that fact to Corporate Headquarters.
Director Sharon Fierro suggested that Planner Kristi Bascom outline for Mr. Hamer and the
Commission the differences between Home Depot's proposed solutions and staff's
recommended Conditions of Approval.
Planner Kristi Bascom:
· Condition 4 -- staff restates the allowable hours of operation.
· Condition 5A - staff proposes installation of traffic control devices.
· Condition 5B - staff proposes the retrofit of the roll up door with an electronic device that
does not allow the doors to be opened before 8 a.m. or after 6 p.m.
· Condition 5C - staff proposes (at the request of the neighbors) that the masonry wall be
extended.
· Condition 6A - staff recommends the reconfiguration of the driveway approaches.
· Condition 6B - Home Depot has proposed a crash gate. Staff is asking for a more
substantial automated gate.
· Condition 6C - Home Depot has proposed a crash gate. Staff wants additional changes.
· Condition 7A - staff is proposing conditions to deal with the cart issue.
· Condition 8A - staff restates an existing Condition of Approval.
· Condition 8B - staff is proposing that Home Depot submit a full landscape and irrigation
plan for the property, including the requirement that mature replacement landscaping
material be incorporated.
· Pointed out that Home Depot has offered to move its employee parking. This issue did not
come up at the Neighborhood Meeting so staff did not include this requirement as a
Condition of Approval.
Director Sharon Fierro added that per Condition 6, the driveway and sidewalk would be
reconfigured and widened to accommodate trucks. The Hamilton Avenue driveway would be
reconfigured to make truck entry impossible.
Commissioner Gibbons stressed the importance of requiring bigger trees than originally
required 10 years. It is through neglect that the original landscaping did not thrive and mature
appropriately.
Planning Commission Mint. cs of October 9, 2001 Page 9
Commissioner Alderete asked if there are financial penalties available.
Director Sharon Fierro:
· Advised that the remedies available to the City are limited to actions modifying Conditions
of Approval such as are being proposed this evening.
· Added that setting penalties for lack of compliance with Conditions of Approval would
require the drafting and adoption of an Ordinance.
· Informed that a second option is criminal citation.
Commissioner Gibbons advised that
operation. If problems continue, the
further heatings can be held.
the Commission does have control over hours of
City can further restrict the hours of operation until
Director Sharon Fierro agreed and added that this action has been taken in the past, particularly
with restaurant uses.
Commissioner Jones asked if Staples has limits on delivery hours.
Director Sharon Fierro pointed out that Staples have different hours of operation and that no
citizen complaints have been received as a result of the operations at Staples.
Acting Chair Hernandez asked Mr. Hamer if he has any further comments on the proposed
Conditions of Approval.
Mr. Dave Hamer:
· Pointed out that some of the items have already been implemented and that an architectural
firm is looking into the extension of the wall. Additionally, the placement of a gate
between the two parking lots is being investigated and a landscaping plan is underway.
· Questioned what the City means by electronically controlled.
Commissioner Doorley asked Mr. Hamer if he can accept these Conditions of Approval.
Added that the Commission is seeking an idea on how receptive Home Depot is to these
Conditions.
Mr. Dave Hamer:
· Said that it does not appear that anything proposed is out of the realm of reasonableness.
· Offered that the 12-foot masonry wall may require more time as it is the most expensive
aspect of these requirements.
· Agreed that most of the outlined issues can be satisfied within the 90-day deadline.
Commissioner Alderete:
· Pointed out that City staff is proposing the solutions and that he is not heating a
commitment from Mr. Hamer or Home Depot to do whatever it takes to solve these issues,
which is something he wants to hear.
Mr. Dave Hamer:
Planning Commission Minu,¢s of October 9, 2001 Page 10
· Assured the Commission that he wants to act in good faith that that he will do what it takes
to fix these problems for the long term.
· Said that physical site changes will be implemented to prevent a recurrence.
· Added that he is very sincere in his desire to resolve this issues to the satisfaction of the
neighbors and the City.
Director Sharon Fierro restated that there would be a 90-day deadline incorporated into
Condition of Approval 3. At that point, Home Depot should at least have a contract in place
for the extension of the wall and asked City Attorney Seligmann for proposed language.
City Attorney William Seligmann suggested ... "based on substantial proof of good faith
efforts for compliance."
Commissioner Alderete suggested that some things should be required sooner such as within
30 days. Pointed out that Home Depot has a large garden center and should have no problem
enhancing their landscaping quickly.
Acting Chair Hemandez closed the Public Heating for Agenda Item No. 2.
Commissioner Gibbons:
· Agreed that it would be nice to start seeing improvements immediately.
· Said that she is proposing to modify:
· Condition 8B to read "consistent with original plan and the growth appropriate to
intervening years.
· Condition 3 requiring Home Depot to work with the Community Development Director
to prioritize items so that some can be achieved within 30, 60 and 90 days.
· Suggested adding several conditions:
· Add Condition 9 that states if valid complaints are received by the Community
Development Director, the Director may immediately reduce the operational hours until
such time that a Public Hearing can be set.
· Add Condition 10 that requires that the City receive a letter from Home Depot
Corporate Management (at least two levels higher than the store manager) stating that
they recognize the imposed Conditions of Approval and outlining how Home Depot
will implement transition training for new store managers.
· Add Condition 11 requiring that Home Depot provide a video camera for use by
residents to document any future problems and/or require camera surveillance at the
request of the Community Development Director.
Commissioner Leonard suggested amending Condition 7 to 6 a.m. instead of 5:30 a.m.
Commissioner Doorley asked Commissioner Gibbons for more input on her proposed
Conditions 10 and 11.
Commissioner Leonard said that she too has questions about proposed Condition 11.
Planning Commission MinuLcs of October 9, 2001 Page 11
Commissioner Gibbons said that documenting problems is important and it is not unreasonable
to expect Home Depot provide the necessary equipment and tapes for neighbors to use in order
to document future problems as a result of Home Depot's operations.
Director Sharon Fierro said that she would have to look into this suggestion. She added that
requiring larger than 24-inch box trees is reasonable but requiring the installation of 20-foot
mature trees may be a problem and suggested consideration of the imposition of in-lieu fees.
Commissioner Gibbons stated that the reason the trees have failed to thrive is that they were
never properly maintained. The site needs large trees.
Acting Chair Hemandez added that he is unsympathetic to the Home Depot here. This is not a
Mom & Pop operation. Home Depot is in violation today and the sooner they remedy the
situation the better. They should try to remedy most issues in 30 days.
Commissioner Jones said that he supports the added Conditions by Commissioner Gibbons and
would leave the timing for compliance to the Community Development Director.
Commissioner Doorley agreed and said that he supports the challenge to Home Depot to meet
as many requirements as possible within 30 days.
Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner
Doorley, the Planning Commission adopted Resolution No. 3380
recommending approval of a Modification (PLN2001-109) to a previously
approved Planned Development Permit for Home Depot on property
located at 480 E. Hamilton Avenue, with the modifications to Conditions 3,
7 and 8 and the addition of Conditions 9, 10 and 11, by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Alderete, Doorley, Gibbons, Hernandez, Jones and Leonard
None
Francois
None
Acting Chair Hernandez advised that this item will be considered by Council at its meeting of
November 20, 2001.
Acting Chair Hemandez read Agenda Item No. 3 into the record.
Planning Commission Mira. es of October 9, 2001 Page 12
PLN2001-94
Woolworth
Garden Center
Public Hearing to consider the application of Woolworth Garden
Center for a Modification (PLN2001-94) to a previously approved
Conditional Use Permit to allow for the remodel and addition of a
second story to the existing Woolworth Garden Center on property
located at 2460 S. Winchester Boulevard in a C-2-S (General
Commercial) Zoning District. This project is Categorically Exempt.
Planning Commission decision final in 10 days, unless appealed in
writing to the City Clerk.
Ms. Stephanie Willsey, Planner I, presented the staff report as follows:
· Advised that the applicants are seeking a Modification to a Conditional Use Permit to allow
the remodel and addition to the Woolworth Garden Center, located on the east side of
Winchester Boulevard, south of St. Lucy's Church.
· Said that the property is in a C-2 (General Commercial) Zoning District and was originally
constructed in 1976.
· Informed that next summer, VTA will incorporate the north side of this property into the
Light Rail expansion.
· Said that the remodel of a one-story building, with an addition to the south side of the
building and the removal of exterior walls. Outdoor sales will occur on the south side and
shipping and receiving on the north side. Ten percent of the site will be landscaped and 47
standard parking spaces provided, including two handicapped, which exceeds the
requirement of 42 spaces overall.
· Staff is recommending adoption of a Resolution approving this application.
Acting Chair Hemandez presented the Site and Architectural Review Committee report as
follows:
· SARC reviewed this project on September 25th and was supportive with no changes.
Acting Chair Hemandez opened the Public Hearing for Agenda Item No. 3.
Mr. John Barton, Project Architect:
· Stated that staff has done a good job presenting this project and that he is simply available
for any questions.
Acting Chair Hemandez closed the Public Hearing for Agenda Item No. 3.
Commissioner Doorley stated his happiness with the fact that there are no proposed compact
parking spaces.
Motion:
Upon motion of Commissioner Doorley, seconded by Commissioner
Gibbons, the Planning Commission adopted Resolution No. 3381 granting a
Modification (PLN2001-94) to a previously approved Conditional Use
Permit to allow for the remodel and addition of a second story to the
existing Woolworth Garden Center on property located at 2460 S.
Winchester Boulevard, by the following roll call vote:
AYES: Alderete, Doorley, Gibbons, Hernandez, Jones and Leonard
NOES: None
Planning Commission MinuLcs of October 9, 2001 Page 13
ABSENT: Francois
ABSTAIN: None
Acting Chair Hemandez advised that this decision is final in 10 days, unless appealed in
writing to the City Clerk.
Acting Chair Hemandez read Agenda Item No. 4 into the record.
4. PLN2001-30
Hawkins, B.
Hearing to consider the application of Mr. Bernie Hawkins, on
behalf of Avalon Bay Communities, for approval of a Sign
Application (PLN2001-30) to allow replacement of a portion of an
existing off-premise freestanding sign on property located at 2260 S.
Winchester Boulevard in a C-2-S (General Commercial) Zoning
District. This project is Categorically Exempt. Planning
Commission decision final in 10 days, unless appealed in writing to
the City Clerk.
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that this request is to allow the replacement of the lower portion of a sign, located
at Kennedy and Winchester, that currently reads "Canyon Creek." The apartment complex
is now known as "Avalon Campbell."
· Reminded that Council approved a Sign Program in 1995 that included this sign, a
freeway-oriented sign, two freestanding signs and various temporary off-premise signs, all
to provide adequate identification of this new apartment complex in a formerly strictly
industrial area. This off-premise sign is located at a self-service car wash.
· Informed that conditions have changed and this site is now more easily accessed. Railway
was a one-way street and is now a two-way street. Kennedy has been signalized. When
the off-premise sign was originally approved, conditions were such that it was necessary to
help locate the apartment complex and that is no longer the case. With the original
approval, Council granted a five-year approval for the off-premise sign.
· Said that staff is recommending denial of this request.
Commissioner Doorley asked if the name change is the only reason this is before the
Commission at this time.
Associate Planner Tim Haley replied yes.
Commissioner Jones asked what occurs if this request is denied.
Associate Planner Tim Haley advised that the sign would have to be abandoned or removed.
This would remove 28 square feet of sign area out of the total of 48 square feet. This will still
remain a 14-foot high freestanding sign.
Acting Chair Hernandez presented the Site and Architectural Review Committee report as
follows:
Planning Commission Minu~¢s of October 9, 2001 Page 14
SARC reviewed this project on September 25th and found this sign to set an undesirable
precedent.
Acting Chair Hemandez opened the Public Hearing for Agenda Item No. 4.
Ms. Sally Howe, Budd Avenue:
· Stated that she lives close to this sign location.
· Pointed out that allowing this sign was a concession when the project was built.
· Added that a human sign is located at this comer on weekends and asked for enforcement
of that activity.
· Added that she would actually like to see the removal of that signal at Kennedy and
Winchester, which was also installed to accommodate the apartment complex.
Acting Chair Hemandez closed the Public Heating for Agenda Item No. 4.
Commissioner Jones asked if the applicant is present.
Senior Planner Geoff Bradley replied no.
Commissioner Alderete asked if the car wash had a sign on this site when this was originally
installed.
Senior Planner Geoff Bradley advised that an older sign was replaced at the time that this sign
was approved in 1995. It is possible to remove the Canyon Creek panel and still retain the
necessary sign identifying the car wash.
Commissioner Doorley said that while he is very cautious about not establishing a bad
precedent, he is inclined to approve this sign request.
Commissioner Jones said that he wished the applicant were at this evening's heating.
Commissioner Alderete said that precedent was set when the sign was originally approved five
years ago.
Commissioner Jones pointed out that the sign was approved for only five years and that he is
okay requiring its removal at this point.
Commissioner Leonard said that she had no problem finding the apartment complex but did
have trouble locating the actual sign when she went to see it on site. Agreed that this off-
premise site is not needed at this time.
Acting Chair Hemandez agreed that this sign is no longer necessary.
Commissioner Jones asked who pays to remove the sign.
Director Sharon Fierro replied the apartment complex owners.
Planning Commission Mint.~¢s of October 9, 2001 Page 15
Commissioner Doorley expressed concern that the applicant is being penalized for coming
forward to properly process a sign reface and ends up losing their sign.
Commissioner Alderete disagreed, saying that the complex benefited from the sign for six
years and that no one is even present to make an argument to keep the sign.
Commissioner Leonard inquired if staff believes the sign will be easily dismantled.
Associate Planner Geoff Bradley replied that the sign is of wood construction with each panel
a separate unit and should not be difficult to remove the apartment complex panel.
Motion:
Upon motion of Commissioner Jones, seconded by Commissioner Alderete,
the Planning Commission adopted Resolution No. 3382 denying a Sign
Application (PLN2001-30) to allow the reface of an existing off-premise
freestanding sign on property located at 2260 S. Winchester Boulevard, by
the following roll call vote:
AYES: Alderete, Gibbons, Hernandez, Jones and Leonard
NOES: Doorley
ABSENT: Francois
ABSTAIN: None
Acting Chair Hemandez advised that this decision is final in 10 days, unless appealed in
writing to the City Clerk.
5. Appointment of Architectural Advisor.
Director Sharon Fierro, provided the staff report as follows:
· Advised that staff has provided a desk-item draft resolution honoring Jeff Bowlsby, the
City's former Architectural Advisor.
· Said that after advertising for his replacement, Architect Bill Gould volunteered to assume
the duties of Architectural Advisor to the Commission and staff.
· Informed that Mr. Gould has worked on projects within Campbell including the remodel of
Rosemary School and J.D. Morgan Park.
· Recommended the appointment of Bill Gould and the adoption of the draft Resolution
commending Jeff Bowlsby.
Motion:
Upon motion of Commissioner Doorley, seconded by Commissioner
Gibbons, the Planning Commission voted to appoint Bill Gould as the
Architectural Advisor to the Commission and staff and adopted Resolution
No. 3378 commending former Architectural Advisor Jeff Bowlsby for his
many years of service to the City of Campbell. (6-0-1; Commissioner
Francois was absent.)
Planning Commission Minutes of October 9, 2001 Page 16
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 staff has verified with each Commissioner as to availability for the various
meeting and study session during October.
· Reminded that the Study Session on the General Plan/Housing Element will occur on
Wednesday, October 17th, at 6:30 p.m. A light supper will be provided.
· Said that the Commission will concentrate on the General Plan and EIR at its meeting of
October 23rd and that an additional Planning Commission meeting has been set for
Tuesday, October 30th, to deal with routine items that cannot be handled on October 23rd.
· Said that the Commission's Public Hearing on the Housing Element will be held on
Monday, November 5th.
· Welcomed new Commissioner, Felicia Leonard, to her first meeting.
· Informed the Commission that Commissioner Leonard has a degree in Planning from the
University of New Orleans and among her accomplishments was a GIS Study on the
French Quarter.
ADJOURNMENT
The Planning Commission meeting adjourned at 9:20 p.m. to the Planning Commission Study
Session of October 17, 2001, in the Council Chambers, City Hall, 70 North First Street,
Campbell, California.
SUBMITTED BY:
Corinne A. S~-Rec.~r~di.~..g Secretary
ATTEST:
Sharon Fierro, Secretary