PC Min 02/08/2000CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
FEBRUARY 8, 2000
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of February 8, 2000, was called to order at 7:30 p.m., in the
Council Chambers, 70 North First Street, Campbell, California by Chairperson Gibbons, and the
following proceedings were had, to wit:
ROLL CALL
Commissioners Present:
Chair:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Elizabeth Gibbons
Mel Lindstrom
Tom Francois
Joseph D. Hernandez
Brad Jones
Susan A. Kearns
Dennis Lowe
Commissioners Absent:
None
Staff Present:
Interim Community
Development Director:
Planner I:
Planner I:
City Attorney:
Reporting Secretary:
Sharon Fierro
Aki Irani
Darcy Smith
William Seligmann
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Lindstrom, seconded by Commissioner
Francois, the Planning Commission minutes of January 11, 2000, were
approved. (5-0-0-2; Commissioners Hernandez and Lowe abstained as
they were not in attendance at the January 11, 2000, meeting.)
COMMUNICATIONS.
There were no communication items distributed.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
Planning Commission Minutes of February 8, 2000 Page 2
ORAL REQUESTS
Mr. Anthony Adamo, 1470 E. Campbell Avenue:
· Expressed concerns about traffic and pedestrian safety on Campbell and Leigh Avenues.
· Stated that a crosswalk is needed at Campbell and Leigh Avenues. At the present time, the
nearest crosswalks are at Hamilton Avenue in one direction and Dry Creek Road in the other
direction, both of which are quite a distance away from Campbell and Leigh Avenues.
· Advised that he and his wife must cross this busy street (Leigh Avenue) each day as they
walk to church.
· Described a recent accident, which occurred when an inattentive driver rear-ended a car that
had stopped to allow he and his wife to cross.
· Said that they are only able to cross one half the road at a time and must wait at the middle of
the road for the second half to clear enough to cross.
· Questioned the purpose for the concrete barrier on Arroyo Seco which causes additional
traffic onto Campbell Avenue.
· Advised that he and his wife have difficulties leaving their driveway due to the amount of
traffic.
· Asked the City for help with these concerns.
Mrs. Eloise Adamo, 1470 E. Campbell Avenue:
· Suggested the posting of "No Left Turn" signs from Campbell Avenue onto Leigh Avenue.
· Said that limiting such left tums from 6 to 9 a.m. and from 3 to 7 p.m. might prevent some
accidents.
Commissioner Francois asked Mrs. Adamo whether she felt that a crosswalk across Leigh
Avenue near Campbell Avenue would be helpful.
Mrs. Eloise Adamo replied that she felt such a crosswalk would be helpful as currently the only
crosswalks are at Hamilton Avenue and Dry Creek Road.
Ms. Sharon Fierro, Interim Community Development Director, advised that she will forward the
Adamo's concerns over to the Public Works Department and ask Public Works Staff to contact
the Adamo's directly to discuss options.
PUBLIC HEARING
Chairperson Gibbons read Agenda Item No. 1 into the record.
PLN2000-02
Martin, T.
Public Hearing to consider the application of Mr. Terry Martin,
on behalf of Mr. Keon Vossoughi, for approval of a
Modification (PLN2000-02) to a previously-approved
Conditional Use Permit for the relocation and reconstruction of a
drive thru espresso drink kiosk (Drinx) on property located at
2415 S. Winchester Boulevard in a C-2-S (General
Commercial) Zoning District. This project is Categorically
Planning Commission Minutes of February 8, 2000 Page 3
Exempt from environmental review. Planning Commission
decision final, unless appealed in writing to the City Clerk within
10 days.
Ms. Darcy Smith, Planner I, presented the staff report as follows:
· Stated that the applicant is seeking a Modification to a previously-approved Conditional Use
Permit to allow the relocation and construction of a kiosk located in the parking lot of
Campbell Plaza at 2415 S. Winchester Boulevard.
· The project is consistent with the General Plan designation (Commercial) and Zoning (C-2-
S/General Commercial).
· Advised that the applicant has worked extensively with staff in developing the plans for this
project.
· Additions will include a bathroom and additional counter space, two drive-up windows and
one walk-up window facing Winchester.
· The proposed building materials match the existing shopping center with beige stucco and
red roofing material.
· The new location of the kiosk is 60 feet south of the existing structure. The existing structure
will be removed and landscaping installed to match the existing shopping center landscaping.
· The new location will allow improved circulation in the parking lot.
· The project site is across the street from the future VTA Light Rail Station.
· Advised that there is no loss of parking with this project and that the center actually has a
surplus of 144 parking spaces.
· The applicant is also seeking a change in operational hours so that they can open at 5:30 a.m.
instead of 6 a.m.
· Staff recommends the adoption of a Resolution approving this project subject to the
Conditions of Approval.
Commissioner Lowe sought clarification that parking is not impacted by this project.
Ms. Darcy Smith advised that there is no net loss of parking.
Chairperson Gibbons asked whether signage was a part of this application.
Ms. Darcy Smith replied that signage is not a part of this application. The signs depicted on the
drawings are simply schematics. Signage will need to be evaluated separately.
Mr. Keon Vossoughi, Owner, Drinx, 2415 S. Winchester Boulevard:
· Advised that his new building has been designed with ease of maintenance in mind and the
addition of planters is of concern.
· Asked that the requirement for planters be eliminated.
· Asked that the Commission remove the requirement for the placement of a trash receptacle at
the bus stop some distance away from his business.
· Asked that the Commission allow the installation of 15 gallon trees in lieu of 24-inch box.
· Requested a starting time of 5 a.m. instead of 5:30 a.m.
Planning Commission Minutes of February 8, 2000 Page 4
Commissioner Lindstrom presented the Site and Architectural Review Committee report
follows:
· Advised that SARC reviewed this project on January 25, 2000, and was supportive.
· Asked the applicant exactly what changes he was seeking in the Conditions of Approval.
as
Mr. Keon Vossoughi
· Replied that he is seeking operational hours beginning at 5 a.m.
· Stated that overflow water from the planters would make a mess of his driveways.
· Asked that the planters and the requirement for off-site trash receptacle be eliminated and
that the replacement trees be 15 gallon instead of 24-inch box.
Commissioner Lindstrom asked why Mr. Vossoughi did not make this request at SARC rather
than at this late stage in the process.
Mr. Keon Vossoughi replied that the planters do not fit well into the design of his project.
Commissioner Francois asked if there is a trash receptacle near the Drinx building.
Mr. Keon Vossoughi replied that there is a trash receptacle at his building. Added that his
business is a 100% "to go" business.
Commissioner Lowe asked what pementage of the business is walk up.
Mr. Keon Vossoughi replied that two to three percent of his business is walk up. Generally, the
walk up business includes the employees of the shopping center.
Commissioner Hemandez asked the applicant if he objected to all four planters.
Mr. Keon Vossoughi replied that he was opposed to all four planters. Also asked to be allowed
to plant perennials instead of annuals.
Commissioner Francois stated that he was not opposed to 15-gallon trees and the use of
perennials.
Mr. Keon Vossoughi stated that he was interested in low maintenance landscaping.
Ms. Darcy Smith:
· Stated that staff can support operational hours beginning at 5 a.m.
· Advised that she had visited another site designed by this project's architect which
incorporated the use of planters.
· Stated that Mr. Vossoughi's concerns about overflow from watering the plants causing a
mess in his driveway can be resolved with the use of drip catchers below the pots.
· Advised that the City's Tree Protection Ordinance requires that when mature trees are
removed, they must be replaced with like sized trees.
Planning Commission Minutes of February 8, 2000 Page 5
· Stated that the applicant is removing several mature trees in order to place his new building
on the site.
· Stated that staff supports the placement of the two trash receptacles.
Commissioner Hernandez asked who would be responsible for emptying the trash receptacles,
particularly the one at the bus stop.
Ms. Sharon Fierro, Interim Community Development Director, replied that the applicant would
be required to empty the trash receptacles. Added that the bus stop is a logical walking path for
patrons to this project.
Commissioner Keams reiterated that the 24-inch box tree is the standard for the replacement of
mature trees.
Mr. Keon Vossoughi stated that the Campbell Plaza has several businesses with "to go" products
including Safeway. Questioned why he would be the one required to place and maintain a trash
receptacle off site.
Chairperson Gibbons closed the Public Hearing for Agenda Item No. 1.
Commissioner Lowe:
· Stated that the planters are necessary.
· Said that one trash receptacle (on site) would be adequate.
· Supported the requirement for 24-inch box trees.
· Said that a starting time of 5 a.m. is acceptable.
Agreed that perennials would be fine instead of annuals.
Commissioner Jones:
· Agreed with Commissioner Lowe.
· Stated that if a trash problem results from the expanded Drinx business, the consideration of
off-site trash receptacles can be readdressed.
Commissioner Francois:
· Agreed with Commissioner Jones and Commissioner Lowe.
· Stated that the applicant should not have the burden alone as other businesses in the center
also have "to go" products.
· Said that 15-gallon replacement trees are not consistent with the Tree Ordinance.
Commissioner Keams asked whether the Commissioners were recommending no trash
receptacles.
Commissioner Jones stated that he supported no trash receptacles unless problems occur and
trash from this business becomes an issue.
Planning Commission Minutes of February 8, 2000 Page 6
Commissioner Keams:
· Stated that she supports at least one trash receptacle.
· Said that 24-inch box trees are required.
· Supported a 5 a.m. starting time for Drinx.
· Stated that the requirement for planters is reasonable as they help to soften the building.
· Supported the planting of perennials instead of annuals.
Commissioner Hernandez:
· Said that 5 a.m. is fine.
· Supported the planting requirements, including 24-inch box trees.
· Stated that he too supports removing the requirement for trash receptacles. If problems arise,
this condition can be revisited.
Commissioner Lowe asked staff to point out where landscaping will be placed.
Ms. Darcy Smith, Planner I, pointed out a planter island along the driveway and said that ground
cover is to be planted beneath the trees.
Chairperson Gibbons asked staff if the applicant had objected to the 24-inch box trees previously.
Ms. Darcy Smith, Planner I, replied that the applicant had not objected previously.
Commissioner Jones suggested that the size of the planter boxes be left to the discretion of staff.
Ms. Darcy Smith, Planner I, clarified that the planter size is two feet high and two feet in
diameter.
Chairperson Gibbons asked where the planters are to be placed.
Ms. Sharon Fierro, Interim Community Development Director, replied that two would be at the
front of the building and two at the rear of the building for a total of four.
Commissioner Lindstrom:
· Supported a 5 a.m. start time.
· Said that staff can work with the applicant on the planter sizes and location.
· Agreed that 24-inch box trees would be required.
· Advised that a trash enclosure is already part of this project. Adding a trash receptacle at the
bus stop can be revisited in the future but should be considered an obligation of the shopping
center as a whole and not just this merchant.
Commissioner Lowe questioned why not place a trash receptacle near the Drinx building.
Commissioner Francois replied that the applicant is currently operating without a trash receptacle
and that it works out fine.
Planning Commission Minutes of February 8, 2000 Page 7
Chairperson Gibbons advised that at the present time there is limited walk up traffic. However,
the business is changing to encourage more walk up traffic.
Commissioner Lowe stated that an additional trash receptacle could only be a good thing for the
area and the City.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Kearns, the
Planning Commission adopted Resolution No. 3257 approving a Modification
to a previously-approved Conditional Use Permit to allow the relocation and
reconstruction of a drive-thru espresso drink kiosk (Drinx) on property
located at 2415 S. Winchester Boulevard, with the following changes to the
Conditions of Approval:
e
by the
AYES:
NOES:
ABSENT:
ABSTAIN:
#2 - Allow operational hours beginning at 5 a.m.
#5(b) - Allow the applicant to plant perennials in lieu of annuals.
#9 - Remove the requirement for the off-site trash receptacle at the
bus stop but retain the requirement for an on-site trash receptacle.
Require the applicant to plant 24-inch box trees.
Allow staff to make the final determination as to the size and location
of the planters.
following roll call vote:
Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom,
Lowe
None
None
None
Chairperson Gibbons advised
the City Clerk.
that this approval is final in 10 days, unless appealed in writing to
Chairperson Gibbons read Agenda Item No. 2 into the record.
2 Staff
Staff update in response to code violation complaints regarding the
Home Depot site located at 480 E. Hamilton Avenue in a PD
(Planned Development) Zoning District.
Ms. Aki Irani, Planner I, presented the staff report as follows:
· Explained that at the January 11, 2000, Planning Commission meeting, Mr. Robert Nicholas
addressed the Commission under Oral Requests to bring up issues with the operation of
Home Depot and the lack of compliance with the Conditions of Approval.
· Advised that staff has looked into this matter, conducting an inspection on January 27, 2000,
and meeting with Assistant Manager Mike Ellis.
· Staff found the following problems:
1. Storage in the parking lot.
Planning Commission Minutes of Februar~ 8, 2000
Page 8
2. Lack of landscaping maintenance.
3. Damage to curbs.
4. Use of customer parking spaces for storage of rental vehicles.
5. Infestation of trees which cannot be cured.
· Advised that the City's tree expert has looked at the trees, found them to be infested with a
beetle that cannot be cured.
The recommendation is the removal of the diseased trees at the earliest opportunity.
· It is also recommended that another species of tree be planted as the infestation would most
likely reoccur should the same pine trees be planted.
· Staff advised the Assistant Manager, Mr. Ellis, of the complaints regarding delivery hours.
· Staff is handling this as a Code Enforcement case.
· Staff suggests that the Commission request an update on this matter in a couple of months.
· Advised that Mr. Robert Nicholas, the gentleman who spoke to the Commission on January
11, 2000, is present this evening as are representatives from Home Depot.
Chairperson Gibbons asked if the trees on site were required to be planted as a Condition of
Approval.
Ms. Aki Irani replied that the trees were required as a Condition of Approval for the development
of the site. The Tree Protection Ordinance requires the replacement when the trees are removed.
Commissioner Keams asked if staff was recommending evergreen trees.
Ms. Aki Irani reiterated that should the same type of tree be replanted, the risk is high that the
beetle infestation would occur in the newly planted trees. It is best to plant another type of tree
which is not at risk for this particular beetle infestation.
Mr. Robert Nicholas, P.O. Box 112272, Campbell, CA 95011:
· Admitted that Home Depot has been noticeably quiet lately.
· Said that if it stays this way, he will not have to come back to the Commission with
complaints.
· Stated that when he is obliged to complain to Home Depot management, they are always very
polite.
· Reminded the Commission of the various operational hour restrictions as follows:
1. Store hours Monday through Friday, 6 a.m. to 9 p.m.
Sunday, 8 a.m. to 8 p.m.
2. Lumber Receiving Hours Monday through Friday, 8 a.m. to 6 p.m.
Saturday, 9 a.m. to 3 p.m.
Sunday, None
3. Roll Away Door Monday through Friday, 9 a.m. to 5 p.m.
Saturday & Sunday, Closed
· Expressed concern about the hours for delivery trucks.
· Advised that truck drivers often will leave their engines running for long periods of time,
which is intrusive on the adjacent neighbors.
Planning Commission Minutes of February 8, 2000 Page 9
· Stated that Home Depot is not storing properly on site.
Commissioner Lowe asked Mr. Nicholas whether the concern over the forklift is the beeping
sound they make as they back up the forklift.
Mr. Robert Nicholas:
· Advised the Commission that the Home Depot had already disabled the beeping feature on
the forklift.
· Said the noise is the sound of metal banging against metal although he could not say for sure
exactly what activity is occurring to create such noise.
Ms. Ann Lee, 298 Harrison Avenue:· Said that the noise problems have been going on for seven years.
· Advised that she has lived in the neighborhood for 30 years.
· Said that electric saws are operated prior to 6 a.m. as are forklifts.
· Suggested that the sound wall be extended to help stop the noise from Home Depot from
bothering the residential properties.
Mr. Johnny Cordonez, Manager, Home Depot, 480 E. Hamilton Avenue:
· Began by apologizing to the neighbors for the problems that have occurred.
· Advised that he became manager of this store six months ago.
· Stated that he will re-address the hours in which specific activities occur on site.
· Promised to provide his phone number to the neighbors so that they can call him directly
when problems occur.
· Said that he will implement a procedure so that for all three shifts, managers will ensure that
no debris is stacked inappropriately on site.
· Advised that he has obtained a bid to replace the 65 trees on site which are infested with
beetles.
· Proposed to have the damaged curbs repaired.
· Advised that he will have the signs reserving two parking spaces for Home Depot's rental
vehicles removed so that customers can park in them.
Mr. Mike Ellis, Assistant Store Manager, Home Depot, 480 E. Hamilton Avenue:
· Informed the Commission that trucks deliver to Home Depot from around the United States
which makes it impossible to contact all truck drivers.
· Advised that they have drawn up a map of the immediate area, which they will give to each
driver delivering goods to the store, which depicts where they should drive and enter the site
and on which streets they should not drive.
Commissioner Francois asked what the delivery hours are for Home Depot.
Mr. Johnny Cordonez answered that trucks come from the Salmar side between 6 a.m. and 6 p.m.
but that detached trailers are emptied of merchandise until midnight.
Planning Commission Minutes of February 8, 2000 Page 10
Mr. Mike Ellis added that trucks do arrive earlier and then wait for the outdoor receiving hours.
Commissioner Francois agreed that it would be an impossible task to contact all truck drivers.
Commissioner Lowe asked the Home Depot managers whether placing a chain across the
Hamilton entrance after hours is possible.
Mr. Mike Ellis suggested that this is probably not acceptable to the Fire Department.
Commissioner Lowe suggested that staff check with Fire to see if this is an option.
Chairperson Gibbons asked the store managers if they have read the Conditions of Approval.
Mr. Johnny Cordonez replied that they have and they plan to comply.
Chairperson Gibbons:
· Advised that staff is recommending a follow up review in two months.
· Encouraged Home Depot to work with staff to correct any problems and to get to know their
neighbors.
· Said that the Home Depot has indicated that they understand the issues and will work to
correct them.
Commissioner Lindstrom suggested that since there seem to be a lot of management changes,
Home Depot should keep the City informed when management changes.
Ms. Sharon Fierro, Interim Community Development Director, suggested that before Home
Depot orders their replacement trees, they should work with staff and discuss options with the
neighbors to see what species might provide the best screening and minimize the debris falling
from the existing pine trees. If a deciduous tree is planted, there will not be year-round
screening. An evergreen tree would provide year-round screening.
Chairperson Gibbons advised that requiring Home Depot to extend the sound wall is difficult at
this point. Rather, it is important to look into what activities are causing the noise issues.
Ms. Sharon Fierro, Interim Community Development Director, advised that the Conditions of
Approval cannot be amended at this time. A Public Hearing would be required to do so.
Commissioner Lowe advised that it is also not possible to require Home Depot to notify the City
of management turnover.
Chairperson Gibbons stated that she will now close the discussion and that the Commission will
receive an update in April. Said that she is looking forward to a happy resolution.
Planning Commission Minutes of February 8, 2000 Page 11
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Ms. Sharon Fierro, Interim Community Development Director, was
accepted as presented, with the added comment:
· Advised that there will be two items on the next Planning Commission agenda.
· Reminded the Commissioners that four of them are reserved for the Planners Institute from
March 1-3, 2000, in Monterey.
AD.JOURNMENT
The Planning Commission meeting adjourned at 8:55 p.m. to the Planning Commission meeting
of February 22, 2000, in the Council Chambers, City Hall, 70 North First Strget, Campbell,
California. /~& ,/~. ~--'/'
Corin-"-'~e A. Shinn, Reco'~"~n~ eS~cr~et~"y''~'
APPROVED BY: t~Z-~/-.~;~ '%/~/'~ ]fl t~
_.~l~th~-~ibbons, Chair -
ATTEST:
Sharon Fierro, Secretary