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PC Min 11/28/2000CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY NOVEMBER 28, 2000 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of November 28, 2000, was called to order at 7:32 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: Elizabeth Gibbons Mel Lindstrom George Doorley Tom Francois Joseph D. Hernandez Brad Jones Commissioners Absent: Commissioner: Dennis Lowe StaffPresent: Community Development Director: Associate Planner: Planner I: Planner I: City Attorney: Reporting Secretary: Sharon Fierro Tim J. Haley Darcy Smith Kristi Bascom William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Lindstrom, seconded by Commissioner Hernandez, the Planning Commission minutes of November 14, 2000, were approved. (5-0-1-1; Commissioner Lowe was absent and Commissioner Francois abstained as he was not present at this meeting) Planning Commission Minutes of November 28, 2000 Page 2 COMMUNICATIONS. 1. Letter re Agenda Item No. 3 (Champions Pool & Games). 2. Letter re Agenda Item No. 4 (Seventh Day Adventist School Playground Equipment). 3. Article on Downtown Campbell from 11/26/00 San Jose Mercury News. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairperson Gibbons read Agenda Item No. 1 into the record. PLN2000-122 Longinetti, B. Public Hearing to consider the application of Mr. Bob Longinetti for a Site and Architectural Approval (PLN2000- 122) to allow the construction of a new 6,300 square foot, two-story commercial building on property located at 1870 $. Bascom Avenue 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. Darcy Smith, Planner I, presented the staff report as follows: Stated that the applicant is seeking a Site and Architectural Approval to allow a new 6,300 square foot, two-story retail/office building. · Advised that the project site is situated at the northeastern comer of S. Bascom and McBain Avenues. The site is currently vacant and contains no mature trees. · Surrounding uses include commercial and professional offices to the north, a single- family residence to the east, Tower Records to the south and the Pmneyard Shopping Center and Hotel to the west. · The proposal is consisted with the General Plan's Commercial Land Use Designation. The proposed office/retail uses are permitted within the C-2 (General Commercial) Zoning District. · The proposed building will be set back 10 feet from S. Bascom Avenue and positioned to create an attractive streetscape. There will be 1,350 square feet of retail space on the first floor and 4,950 square feet of office space on the second floor. The main entrance will be provided along the west elevation and oriented toward S. Bascom Avenue. · Vehicular access will be provided by a single driveway along McBain Avenue. A parking lot will be constructed behind the building and under the second story of the building. A total of 29 spaces will be provided which meets the Parking Ordinance requirements for the proposed uses. · The applicant is proposing on-site landscaping improvements and a full streetscape treatment for S. Bascom Avenue. Planning Commission Minutes of November 28, 2000 Page 3 · The architectural design is a simplified Mission Revival Style with stucco exterior and bronze glass windows. The building will be accented by a triangular parapet above the S. Bascom Avenue main entrance, canvas awnings on the first floor, decorative stucco cornice and band course treatments and recessed windows with trim. A recessed arched glass entrance facing S. Bascom Avenue accentuates the front of the building. The proposed colors include light and dark beige for the body of the building, a bronze anodized color for the window mullions and a dark red clay color for the window trims, band course and cornice. · Staff finds the proposed architectural design compatible with the surrounding development and is supportive of the proposed building. The applicant has cooperated with staff to add architectural features that improve the building design. · SARC reviewed the project on November 14, 2000, and expressed concerns about providing an additional parking space and recommended the incorporation of additional architectural details. The plans have been revised to incorporate all of SARC's recommendations and this project was re-evaluated by SARC at its meeting earlier this evening. · Staff recommends approval. Chairperson Gibbons asked for the depth of the parking stalls under the building. Expressed concern that those vehicles will block pedestrian access to the walkway. Ms. Darcy Smith replied that two were 14-feet deep and the others 18-feet deep. She added that there would be a five-foot wide landscaping along the perimeter as well as a six-foot high masonry wall separating this site from the adjacent residential property. She advised that the Building Codes would address the sidewalk access concerns raised by Chairperson Gibbons. Commissioner Lindstrom presented the Site and Architectural Review Committee report as follows: · Advised that the project originally provided only 27 spaces. SARC wanted the required 29 spaces. The applicants revised the site plan to incorporate 29 spaces. · SARC had a concern about window details and approximately six other requests of the applicant. The applicant complied with all six requests. · SARC is totally in support of the proposal as revised. Chairperson Gibbons opened the Public Heating for Agenda Item No. 1. Chairperson Gibbons closed the Public Heating for Agenda Item No. 1. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3314 granting a Site and Architectural Approval (PLN2000-122) to allow the construction of a new 6,300 square foot, two-story commercial building on property located at 1870 S. Bascom Avenue, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Jones, Planning Commission Minutes of November 28, 2000 Page 4 Lindstrom NOES: None ABSENT: Lowe ABSTAIN: None Chairperson Gibbons advised that this action is final in 10 days, unless appealed in writing to the City Clerk. Chairperson Gibbons read Agenda Item No. 2 into the record. 2. PLN2000-158 Kirkorian, J. Public Hearing to consider the application of Mr. John Kirkorian, on behalf of Kirkorian Enterprises, for a Modification (PLN2000-158) to a previously-approved Site and Architectural Approval to allow the construction of a new 14,490 square foot commercial building at the Kirkwood Plaza Shopping Center on property located at 1550-1600 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. A Negative Declaration was previously prepared for this project. 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: Stated that this application is for the Site and Architectural review for the new Walgreens building at Kirkwood Plaza Shopping Center. · Reminded that the Commission granted a Site and Architectural Approval in August for a new retail building with office space on the second floor. Avery's will occupy the retail space. This building is currently under construction. Also part of that approval was a retail pad for a 14,490 square foot retail building. However, at that time, the property owners were still working with their potential tenants, Walgreens, on building design. · That building design is what is being reviewed this evening. The proposal is consistent with the August approval. The proposal is for a single-story retail building with glass storefront on two elevations. On the east elevation is a service door, to which the applicants have added landscape area and arches to soften. Additionally, they have modified the covering for the drive-through pharmacy window. Staff is satisfied with the architecture of the building and is recommending approval. Commissioner Doorley asked for comparisons of parking discounts with those for other projects based upon mixed uses. Chairperson Gibbons advised Commissioner Doorley that parking is not an issue this evening. That the footprint has already been approved for this building. Planning Commission Minutes of November 28, 2000 Page 5 City Attorney Seligrnann clarified that although parking is not a specific issue for this evening's review, if the Commission feels there are parking issues, it can adopt conditions to mitigate those parking issues. Commissioner Doorley asked for the discount in parking allowed for the Gateway Project at Hamilton and Winchester. Mr. Tim J. Haley replied that the discount was five percent or 11 spaces. Commissioner Doorley asked whether he was correct in understanding that the Kirkwood Plaza Shopping Center has a 27 percent discount in required parking. Mr. Tim J. Haley stated that the discount is approximately 26%. Commissioner Jones asked if the loading dock on the east side of the building is visible from San Tomas Aquino Road. Mr. Tim J. Haley replied that while a portion may be visible from San Tomas Aquino Road, the outer buildings obscure a significant amount of this elevation. Commissioner Jones questioned why the loading dock was placed on this elevation instead of the back elevation. Mr. Tim J. Haley replied that the floor plan reflects Walgreens typical building layout. Commissioner Francois asked for clarification about the placement of the drive-thru windows. Mr. Tim J. Haley advised that the drive-thru windows are located on the south elevation to which the applicants have added landscaping and architectural details. Chairperson Gibbons stated that this layout results in 18-wheeler trucks passing through the car parking lot. She clarified that signs are not a part of this evening's application. Mr. Tim J. Haley said that no signage is proposed this evening. Commissioner Hernandez presented the Site and Architectural Review Committee report as follows: · SARC was concerned about the location of the loading dock but accepted the applicant's rationalization for the placement and supported that location with the addition of landscaping and architectural features to soften the impact of the loading dock on that elevation. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 2. Mr. John Kirkorian, Kirkorian Enterprises, 1630 W. Campbell Avenue, Campbell: Planning Commission Minutes of November 28, 2000 Page 6 · Provided a chronology of negotiations with Walgreens, which started in 1995 when they attempted to place a Walgreens in the area currently occupied by The Right Stuff. In 1996, they attempted to place a Walgreens in the Joanne's Fabrics' portion of the building. In January 2000, they contacted Walgreens again and presented 10 different site plans as proposed by their architect. Walgreens approved the site plan presented this evening at corporate level. · Advised that they have meet with City staff more than six times and that the Planning staff is pleased with the current proposal. · Added that this building will compliment the current uses at the shopping center. · Said that he was available to respond to any questions. Chairperson Gibbons asked for the reasoning behind the placement of the drive-thru and loading dock. Mr. John Kirkorian replied that Walgreens likes to locate their drive-thru windows at the rear so that the customer is to the fight side of the building when they pull their vehicles up along side the building. Added that the loading dock is small with only one truck a week serving the site. Other types of deliveries occur daily but with small vehicles that deliver through the front door. Chairperson Gibbons asked what time the large truck deliveries will occur. Mr. John Kirkorian replied in the early moming. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 2. Commissioner Doorley: · Stated his concern with discounting parking requirements. · Added that he would support this project because it already has been partially approved. · Said that he is concerned that he doesn't have anything to compare this to. · Expressed his belief that the Pruneyard parking was discounted too much while the Gateway project was discounted just right as he never has problems finding parking at that location. · Declared that in the future he would not be comfortable with more than a 10 percent discount in parking. Commissioner Jones expressed his concern with the placement of the loading dock visible from San Tomas Aquino Road. Said that often there are maintenance problems with loading areas with junk piling up near loading docks. Added that this is the least appealing elevation of the four and that he would not support this proposal. Added that maybe Walgreens does not belong in this location. Commissioner Hemandez reminded that the elevation will look different with the additional landscaping and architectural features added as a result of SARC comments. Planning Commission Minutes of November 28, 2000 Page 7 Said that Walgreens places its drive-thru near their pharmacies, which are normally located at the back of their stores. Mr. Tim J. Haley pointed out the new color elevations that depict the revisions including the lowered height of the drive-thru cover. Said that staff is comfortable with the revised drawings. Commissioner Jones said that he is still not supportive as this design is not consistent with what is planned for Campbell. Pointed out the mess that Home Depot's dock is usually found to have and declared that loading docks belong at the back. Commissioner Francois suggested moving the pharmacy to the east of the building and the loading dock to the south. Asked if reconfiguration of the building is possible. Commissioner Jones agreed that he would be more supportive if the loading dock were located in back. Chairperson Gibbons concurred with Commissioner Jones and Francois about the relocation of the loading dock to the rear, saying that she is aware that there are other Walgreens configurations available. Chairperson Gibbons reopened the Public Hearing No. 2 at the request of Commissioner Francois. Mr. John Kirkorian, Applicant: · Expressed his unhappiness at having his shopping center compared to Home Depot as far as maintenance is concerned. · Advised that they take pride in keeping their center clean with daily sweeping and trash pickup. · Added that the loading area will be kept immaculate at all times. · Said that he would investigate the possibility of moving the loading dock to the south elevation. Commissioner Francois said that Nob Hill/Rally's receives their deliveries to the south and suggested that the Walgreens delivery door might be made to the south elevation. Said that this possibility should be explored with Walgreens corporate office. Mr. John Kirkorian said that he was willing to try to convince Walgreens but was doubtful that they would accept that configuration. Mr. Dan Brodnick, 1630 W. Campbell: · Explained that changing the configuration creates circulation problems on site. Added that the once a week delivery to Walgreens will occur between 7 and 8:30 a.m. There will be no outdoor storage. That restriction can be added to the terms of the lease, if necessary. · Added that having no drive thru (with two lanes) is a deal killer. Planning Commission Minutes of November 28, 2000 Page 8 Commissioner Francois sought clarification about the circulation impacts. Mr. Dan Brodnick explained that having the pharmacy drive thru on the east elevation tums that area into a drive thru rather than a driveway. Commissioner Doorley asked if the double port drive thru is necessary. Mr. Dan Brodnick replied that it is required by Walgreens. Chairperson Gibbons asked if this Walgreens would be the same size as the one on Hamilton. Mr. Dan Brodnick advised that this particular design has gone through Walgreens Chicago office. Commissioner Francois said despite just one weekly delivery between the hours of 7 and 8:30 a.m., he was still uncomfortable with the location of the loading dock area. Mr. Dan Brodnick offered to increase the landscape buffer to serve as a visual block of the loading door. Commissioner Jones asked how long a lease is being secured. Mr. Dan Brodnick advised that the lease is for 60 years. Commissioner Jones asked about the dumpsters on the east elevation. Mr. Dan Brodnick explained that they would be set up similarly to others on site already including the planting of vines. Adding that moving the loading doors might not be possible as far as the Walgreens corporate office is concerned. Said that they would do anything necessary to hide this loading door. Chairperson Gibbons re-closed Public Hearing No. 2. Commissioner Jones: · Assured the applicants that he did not mean to imply that Kirkwood Plaza was anything like Home Depot as far as site maintenance. · Said that he still finds this layout to be inconsistent with City policy and expressly does not like the loading dock being visible from San Tomas Aquino Road. · Said that perhaps the building is too big. · Advised that he is not supportive as the application stands. Chairperson Gibbons said that she would be willing to approve with the loading dock in the rear elevation. Planning Commission Minutes of November 28, 2000 Page 9 Commissioner Francois said that he supported that position but was concemed that the applicants have a tenant who might not agree. Chairperson Gibbons suggested approving the application with the relocation of the loading door. If the applicant cannot get their tenant to accept the change, the application can be returned to the Commission for reconsideration. Commissioner Doorley said that he agreed but doubted that Walgreens would. Chairperson Gibbons stated that she likes these corporate design standards to meet City standards. Cited examples such as Johnny Rockets and Hollywood Video who ended up changing their corporate standards in order to satisfy Campbell standards. Ms. Sharon Fierro suggested loading area restrictions such as one delivery per week, keeping the loading door closed at all times and the prompt removal of any debris. Commissioner Hernandez wondered if parking spaces might be lost with a reconfigured building layout. Commissioner Jones said that the change would have to occur without the loss of any parking. Chairperson Gibbons clarified that the loading dock should be moved to the back elevation with no net decrease in parking and with the location of the drive-thru to be left to the discretions of the Community Development Director. Chairperson Gibbons reopened the Public Heating for Agenda Item No. 2. Mr. Dan Brodnick suggested narrowing the landscaping area on the east elevation, moving the dock to the rear elevation while leaving the drive-thru also at the rear elevation. Said that they would appreciate approval with those modifications this evening. Chairperson Gibbons re-closed the Public Heating for Agenda Item No. 2. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3315 approving a Modification (PLN2000-158) to a previously-approved Site and Architectural Approval to allow the construction of a new 14,490 square foot commercial building on property located at the Kirkwood Shopping Center on property located at 1500-1600 W. Campbell Avenue, with additions to Condition of Approval No. 3 to include e) Relocation of loading dock to the southern elevation and JO Final location of drive-thru to the satisfaction of the Community Development Director, Planning Commission Minutes of November 28, 2000 Page 10 by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Jones NOES: None ABSENT: Lowe ABSTAIN: Lindstrom Chairperson Gibbons advised that this action is final in 10 days, unless appealed in writing to the City Clerk. Commissioner Lindstrom returned to the dais. Chairperson Gibbons read Agenda Item No. 3 into the record. 3. PLN2000-152 Schaefer, P. Public Hearing to consider the application of Mr. Phil Schaefer, on behalf of Champions Pool & Games, for approval of a Modification (PLN2000-152) to a previously-approved Conditional Use Permit to extend the allowable hours for on- site beer and wine sales and once-weekly musical entertainment on property located at 2097 S. Bascom Avenue 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. Kristi Bascom, Planner I, presented the staff report as follows: · Advised that the applicant is seeking to extend the hours for the sale of beer and wine to 1:30 a.m. as well as the addition of musical entertainment one time a week. · Informed that this business was established in 1985 with 6 tables and approximately 1,500 square feet of space. The business expanded to 14-16 tables and 4,750 square feet in 1989. Last year, the current owners obtained a Use Permit to allow on sale beer and wine to 11 p.m. from Sunday through Thursday and to 1:30 a.m. on Friday and Saturday. The business has operational hours to 2 a.m. · The business is located within a multi-tenant building. Surrounding uses include offices and residential duplex to the north, offices to the south, apartments to the west and office/retail to the east. Staff is recommending approval. Commissioner Doorley asked how many other businesses selling alcohol operate with late hours. Ms. Kristi Bascom advised that since 1987, there were 17 Use Permit approvals for alcohol sales and later operational hours. Of those, one is open until 11 p.m., six to midnight, one to 1:30 a.m. and nine to 2 a.m. All are located in commercial districts. Commissioner Hernandez asked how many were adjacent to residential units. Planning Commission Minutes of November 28, 2000 Page 11 Ms. Kristi Bascom replied that she did not know. Chairperson Gibbons asked if most were at the Pmneyard. Ms. Kristi Bascom replied that some were and others are Downtown. Commissioner Jones asked if the adjacent residents were notified of this application. Ms. Kristi Bascom responded yes and advised that one letter of opposition was received. Added that no complaints were received by the Community Development Department or Police Department regarding this site. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 3. Mr. John Roberts, 959 Michael Drive, Campbell: Stated that he had come before the Commission when the previous approval was granted and that there have been a lot of problems since including dumpsters noise between 3 and 5 a.m., the dumping of bottles and cans into the recycling containers at 2 to 3 a.m. and people talking and laughing in the parking lot. Additionally, the doors are not being kept closed. Said that he can actually hear the billiard balls breaking from his living room across the street. · Said that the owner has not been a good neighbor. These noises impact children who reside in the area. When Police are called on non-emergency lines, they never arrive on time to witness the problems. · Declared that there are more than enough places that serve liquor and the City does not need to expand the liquor sales hours for this business. Commissioner Francois stated that some of the problems are not a result of this use. The garbage collection hours and some other businesses in the center also contribute to the noise. Asked if Mr. Roberts would be satisfied if noise is mitigated. Mr. John Roberts said that noise needs to be monitored regularly including regular police sweeps of the parking lot. Commissioner Francois said that this type of request could be made of the Police Department. Mr. John Roberts added that there is also a problem with overflow parking where cars use the First Funding parking lot. Said that he has had bottles thrown over his fence. Mr. Frank Dalle-Molle. 1596 Cherry Glen Way, San Jose: · Advised that he spoke at the hearing 16 months ago when the Use Permit was approved to allow beer and wine sales, increase the arcade and number of tables at this business. At that time, he objected to the request. After the meeting he spoke with the owners who assured him that they could control the noise from their Planning Commission Minutes of November 28, 2000 Page 12 business. Monitoring by their employees was not sustained. Neighbors are wakened from their sleep. Smokers congregate outside and their noise is magnified at night. Stated that this expansion cannot co-exist peacefully with residential uses. Said that the owners have not lived up to their commitment and there is every reason to revoke the Use Permit. Commissioner Hemandez asked Mr. Dalle-Molle if he has ever contacted the owners and, if so, was there any improvement. Mr. Frank Dalle-Molle replied that he called several months ago. Added that a full time patrol cannot be supported by this small business. Commissioner Francois asked staff if the City has any record of complaints. Ms. Sharon Fierro, Community Development Director, replied that no complaints are on file. Staff checked with Police and found no record on calls. Added that in the future, neighbors must ask responding officers to prepare an incident report to document their response to the site. Commissioner Jones suggested that the neighbors be provided with the necessary information so they are aware of procedures for reporting noise concerns. Mr. Phil Schlaefer, Owner, Champions Pool & Games, 2097 S. Bascom Avenue: · Said that this is a public establishment with late hours and will naturally have some associated noise. Pool halls generate late hour business. · Advised that he has added security cameras and speed and quiet signs. He has no drug or gang problems in their lot. · Said that his receipts for this location are a third of the former owners, which means that the traffic is about that much less too. Added that he keeps his doors closed after 9 p.m. · Said that there are other businesses in the building with late hours. · Said that he has not received any calls in the last three to five months. Sometimes he will get a call; someone will scream at him and hang up without leaving a name and/or number to respond. · Agreed that once the loud noise occurs outside, the damage has already been done. · Said that he will withdraw the portion of his request to allow live entertainment once a week. · Added that he is sensitive that there are neighbors very close by but that his building has been there for 15 years. · Said that there has been a lot of improvement from a couple of years ago. · Agreed that it is not financially feasible to have patrol staff every night. Commissioner Francois asked Mr. Schlaefer whether he could modify the way in which trash is dumped late in the evenings. Planning Commission Minutes of November 28, 2000 Page 13 Mr. Phil Schlaefer agreed that he could maintain a larger trash container inside his business, as long as it is kept far away from any food preparation areas per Health Depamnent regulations, and dump that trash can later in the morning. Added that the Green Valley pickups are beyond his control and they occur twice a week. Again said that he would withdraw his request to allow a DJ but really needs to obtain the extended hours for beer and wine sales in order to be competitive. Commissioner Francois asked why Mr. Schlaefer is willing to withdraw the live entertainment part of his application. Mr. Phil Schlaefer replied that he had been having second thoughts about that aspect of the application for the past several weeks. Ms. Shirley Dalle-Molle, 1596 Cherry Glen: Advised that she is the owner of two duplexes near this business. This use lowers the value of her rental properties. · Advised that tenants have complained to Police. Some area afraid to complain for fear of retaliation. · Questioned why the Commission is even considering an expansion of this business, something that is already a problem. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 3. Commissioner Francois stated that he understands the plight of the neighbors as well as the business owner. Added that the Conditions of Approval provide opportunities for dealing with problems. Added that Champions is not the sole problem at this commercial building. The neighbors always have the opportunity to voice their concerns with the Community Development Director. Commissioner Doorley said that he is of two minds on this. Added that he previously opposed the Use Permit because of the Neighborhood Commercial Zoning. Said that he visited the site and found it to be professionally maintained. Having such a business adjacent to residential uses will always be a problem. Said that he was torn on how to proceed. Commissioner Jones asked about the previously approved hours of operation. Ms. Kristi Bascom advised that until 1989, this business operated until 11 p.m. In 1989, the hours were expanded to 2 a.m. Commissioner Lindstrom clarified that the business currently sells alcohol until 11 p.m., Sunday through Thursday, and until 1:30 a.m. on Friday and Saturday. They want to expand their alcohol sales hours from Sunday through Thursday to 1:30 a.m. Commissioner Doorley questioned how the previous business could triple the receipts of the current operation without liquor sales. Planning Commission Minutes of November 28, 2000 Page 14 Chairperson Gibbons stated that at issue is the fact that there is no record of problems. That makes it difficult to deny this request. Suggested postponing the application for four to six months to allow the owner to enact improvements to his current operation. Commissioner Lindstrom asked Chairperson Gibbons if she was referring to improvements of noise concerns. Chairperson Gibbons replied that noise seems to be the primary concern. Commissioner Lindstrom asked if Chairperson Gibbons was proposing to have the business operate just as it is or allow additional hours during that six-month period. Chairperson Gibbons said that the applicant needs to work on existing conditions before additional hours are permitted. Commissioner Hernandez said that this is an excellent suggestion as opposed to denying the request outright. This will give the applicant the opportunity to improve the situation. Commissioner Doorley disagreed, stating that the Commission is just dodging the point with this delay. Said that there will always be a conflict when residential uses are adjacent to commercial uses as both sides have indicated this evening. City Attorney Seligmann advised that under the Permit Streamlining Act, a six-month delay of this application is not possible. The most allowed would be 90 days with the applicant's agreement. Commissioner Doorley stated that this is a legitimate business for the zoning. Commissioner Lindstrom added that there is already an avenue available for complaints and that this business has been on this site for 16 years. Suggested allowing the extension of hours to 12 a.m. during these 90 days. Chairperson Gibbons stated that she has two thoughts, to either approve the extension of beer and wine sales to 12 a.m. with an emphasis on the revocation clause within the Conditions of Approval or to re-evaluate the existing use and whether the conditions are being met. Chairperson Gibbons reopened the Public Heating for Agenda Item No. 3. Mr. Phil Schlaefer: · Stated that he keeps his doors shut after 9 p.m., has installed a camera in the back parking lot and run off a lot of the bad element. Additionally, he installed a speed bump and speed limit signs. · Said that with those changes, he can't believe that the noise impacts are as bad as they used to be under the previous ownership. Planning Commission Minutes of November 28, 2000 Page 15 · Added that his addition of beer sales has not compensated for the previously larger crowds that used to patronize the establishment under the previous owner. Commissioner Francois asked how late these types of establishments are typically opened. Mr. Phil Schlaefer replied that they are all open at least until 2 a.m. but some to 4 a.m. This type of business does not have much activity during the day. Most is available at night. Added that there is no overflow-parking problem as they are not that busy. Added that he has to turn away a lot of customers at 11 p.m. when he can no longer sell them a beer. Mr. John Roberts: · Said that he does not want to see this owner go out of business. · Suggested that the smoking area be relocated further away from the residences and closer to Bascom. Commissioner Doofley asked Mr. Schlaefer if he could do something about the smoking area. Mr. Phil Schlaefer replied that he has no actual designated area. Added that he has tried to push the smokers toward Bascom Avenue. Said that this could become a problem with the other tenants in the building but added that most of them close by 8 p.m. Said that he would be willing to put up signs encouraging smokers toward Bascom. Chairperson Gibbons reiterated the request that information be distributed to notify neighbors on how to deal with complaints. Commissioner Jones stated that he would support a 90-day continuance but not an approval this evening. Commissioner Lindstrom suggested a motion with a 90-day renewal period, which allows beer and wine sales until 12 a.m. City Attorney Seligmann reminded that a Use Permit could be revoked at any time if the Conditions of Approval are violated. Suggested a 90-day review rather than renewal. Chairperson Gibbons supported hours to 12 a.m. with a mandatory review period. Commissioner Jones asked if the Planning Commission would do the review. City Attorney Seligmann replied that if that is what the Commission wants, the Planning Commission could conduct the review. Chairperson Gibbons suggested that the applicant would want to work with the neighbors and other building tenants. Plalming Commission Minutes of November 28, 2000 Page 16 Commissioner Hemandez stated that he was not convinced that the findings could be made to approve this application. Added that it is important that the neighbors know the process to lodge noise complaints. Chairperson Gibbons stressed that procedures would be provided to property owners within 300 feet of this site. Commissioner Francois said that everything is outlined within the Conditions of Approval. Added that the applicant has the right to make a living too. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3316 approving a Modification (PLN2000-152) to a previously-approved Conditional Use Permit to extend the allowable hours for on-site beer and wine sales to 12 a.m. on property located at 2097 S. Bascom Avenue, with: 1. The removal of any reference to live entertainment (stricken from application at the request of applicant); 2. With adjustment to Finding No. 7: "Although no documented complaints were received prior to the meeting, testimony received at the meeting reports disturbing noises from patrons and trash disposal as a result of late night hours. Therefore, the Planning Commission did not justify extending on sale beer and wine service to the requested 1:30 a.m. at this time but rather limiting the extension of time to 12 a.m.;" and 3. Added a Condition of Approval that this application be brought back before the Planning Commission for review within 120 days, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Jones, Lindstrom NOES: Hernandez ABSENT: Lowe ABSTAIN: None Chairperson Gibbons read Agenda Item No. 4 into the record. 4. PLN2000-159 Baumgartner, J. Public Heating to consider the application of Mr. Jim Baumgartner, on behalf of West Valley Seventh Day Adventist School, for approval of a Modification (PLN2000-159) to a previously-approved Conditional Use Permit to allow the installation of new playground equipment in conjunction with a school on property located at 531 W. Rincon Avenue in a PF (Public Facilities) Zoning District. This project is Categorically Exempt. Planning Commission decision final in Planning Commission Minutes of November 28, 2000 Page 17 10 days, unless appealed in writing to the City Clerk. Ms. Kxisti Bascom, Planner I, presented the staff report as follows: · Advised that a Use Permit establishing this school was approved in 1963. The approval was for a two-story building, playfield and playground. · Said that this past summer, the school replaced existing playground equipment. Adjacent residential property owners have raised concerns about the intensification of the playground equipment close to their rear property line. · Provided a review of the site plan and explained that there are 85 students enrolled with playground hours up to 5 p.m. and occasional weekend use when the church has special events. · Advised that the new equipment is more intensively developed with the bulk closer to the adjacent residences. Commissioner Lindstrom asked what reconfiguration is being proposed. Ms. Kristi Bascom advised that the location of the tall blue slide away from the town homes to lessen the noise and privacy impacts per the neighbors. The applicant has come back with a plan for approval. Chairperson Gibbons opened the Public Hearing for Agenda Item No. 4. Mr. Robert Piirainen, 569 W. Rincon Avenue, Campbell: · Stated that this playground equipment was illegally installed and that the applicant is belatedly applying for necessary permits. · Reminded that this church itself subdivided its property to create the residential lots in 1989. · Outlined a number of key points regarding his objection to the new installation. · Provided a history of communication with the City and the school on the subject of the new installation. · Complained that he never received responses to his concerns. · Advised that the school has not been a good neighbor and that there are grounds to challenge the 1963 Use Permit as well as this new application. · Stated that the school has a total disregard for his noise concerns and that the playground equipment has been installed unreasonably close to their homes and represents a substantially larger footprint. Additionally, the number of students has increased and will increase further next year. · Declared that there is no mention of noise within the staff report. Commissioner Francois asked Mr. Piirainen whether the blue slide is the main concern. Mr. Piirainen replied that the entire setup is of concern as well as noise intrusions on his property as a result. Commissioner Francois asked Mr. Piirainen how long he has resided at this location. Planning Commission Minutes of November 28, 2000 Page 18 Mr. Piirainen replied that he purchased his town home a year and a half ago. Commissioner Francois asked Mr. Piirainen asked if he was seeking an alternative location for the playground. Mr. Piirainen replied that was his objective. Commissioner Francois cautioned that part of living next to a school is the associated noise. Mr. Piirainen replied that the playground equipment was way off to the side until just four months ago when this new equipment was installed right on the property line. The new installation represents significantly more equipment than before. He added concerns about the school's recent changing of grading to create the playing field. Ms. Susan Hubbard, 571 W. Rincon Avenue, Campbell: · Advised that she is a longtime resident of Campbell who has lived in her current home since 1989. · Added that she is a member of the Homeowners' Association as is Mr. Piirainen. · Admitted that she has never registered complaints against the school until the placement of this new playground equipment occurred in August. · Added that the installation occurred at a time when she was recovering from major surgery, surgery she had deliberately scheduled during summer so she could avoid the routine school noises during her recovery period. Said that she is dealing with a major illness for which she needs to rest sometimes during the daytime. · Advised that she also worked out of her home from 1996 to 1999. · Stated that the school never attempted to discuss this installation with them. · Played an audiotape of the children at the school while using the playground. · Said that privacy is a secondary issue. · Expressed concern that children are not supervised while using the play equipment. · Advised that the City sent two letters to the school. The second letter threatened action by the City Attorney if efforts were not taken by the school to legalize the playground expansion. · Advised that noise and visual impacts need to be addressed. · Added that there are no adjacent residences on the other three sides of the school property. Pastor Gary Jensen, 1183 Steinway Avenue, Campbell: · Advised that he is a longtime resident of Campbell. · Declared that the neighbors are unreasonable and inaccurate and that the school is not trying to deny due process to anyone nor are they seeking to make these residents move from their home as charged. · Advised that people cannot see into the upper floor of the residences from the play equipment. Planning Commission Minutes of November 28, 2000 Page 19 · Said that the neighbor is asking them to move the entire play structure and not just the slide. · Advised that while there used to be 120 students, the school now has 85 students. Lunch and recesses are staggered so that there is a maximum of 40 outside at any given time. · Informed that the increased elevation of the field represents but four inches installed in order to solve an existing drainage problem. · Said that efforts have been made to satisfy the neighbor's concern to no avail. · Added that it is possible to change the placement of the slide per the company that installed it. Commissioner Francois asked how long children play at any given time. Pastor Gary Jensen replied 15 to 30 minutes. James Baumgartner, Principal, West Valley Seventh Day Adventist School: · Advised that their old playground was evaluated and written up because of safety concerns. · They received a flyer from Game Time at about the same time offering 50 percent discounts on play structures. · Said that he hired the same installer used by the City to place equipment within Campbell Park recently. · Added that it never entered his mind that this equipment would be intrusive on the school's neighbors. · Said that they had a Use Permit allowing the play equipment and thought they could upgrade. · Said that he did respond to neighbors' letters and went to see the neighbors personally. Added that the entire structure is not visible from their homes except for the slide. Advised that he offered to install latticework to the fence. · Advised that one class at a time uses the equipment for 15-minute periods. The only time four grades (two sets) are outdoors at a time is during lunch in the picnic area. · Said that prior to grading the playing field was like a bowl. It had to be leveled to ensure drainage. Added that this was already a soccer/baseball field. Added that the diamond will be positioned so that balls will be hit toward the church and not the homes. · Said that it was possible to relocate the slide and that he was sorry this situation had to come to this point. However, the children's' safety had to be assured. Commissioner Lindstrom said that the classrooms are close to the playground. Asked if there was any problem moving the slide and adding latticework. Mr. Jim Baumgartner replied that there was no problem. Commissioner Hemandez asked why the play cluster was located next to the lunch area. Planning Commission M~nutes of November 28, 2000 Page 20 Mr. Jim Baumgartner replied that the placement is to allow wheelchair access, which is required per the installer. Commissioner Hernandez asked what the cost might be to move the playground. Mr. Jim Baumgartner replied that it would cost more than $10,000. It will already cost $2,000 just to move the slide. Added that the number of kids has not changed but that many more were drawn to the new equipment than normal. However, the newness has worn off and the use is starting to even out more. Commissioner Francois stated that noise issues are not a big thing. It's a school and noise is part of it. Advised that he visited the site for about 45 minutes and found that these kids are well behaved. Asked how many times a day the equipment is used. Mr. Jim Baumgartner replied that each class is allowed two 15-minute recess sessions. There are five classes. The morning playtime occurs between 9:30 and 10:30 a.m. Lunch occurs between 11:30 a.m. and 12:30 p.m. Afternoon play occurs between 1:30 and 2:30.p.m. The school day ends at 3:15 p.m. The playground is secured after 5 p.m. Chairperson Gibbons asked how many students are allowed at the school. Mr. Jim Baumgartner replied that with the number of teachers they have, they could accommodate 120 students. Commissioner Jones asked if the picnic area is new. Mr. Jim Baumgartner replied that the picnic area has been in the same location for years. Commissioner Hernandez clarified that the children are outdoors for a total of three hours a day. Mr. A1 Hubbard, 23500 Cristo Rey Drive, Cupertino: · Said that he spends a lot of time at his daughter's home adjacent to this school. · Said that the only place where play equipment is installed is directly adjacent to residential uses. · Added that the only solution is to move the play equipment away from the residences as the school has six acres. · Suggested that the equipment needs to be moved at least 40 feet not just 10. Mr. Jim Baumgartner said that his preference would be to move it too. Added that he cannot place the equipment in areas on the property where children would have to cross traffic areas to reach it. Commissioner Hemandez asked if the owners of the single-family residence have any complaints. Planning Commission Minutes of November 28, 2000 Page 21 Mr. Jim Baumgartner replied that those neighbors love what they are seeing. They regularly look out for the property and report any suspicious activity on the property. Chairperson Gibbons closed the Public Heating for Agenda Item No. 4. Commissioner Hemandez: · Stated that this is an unfortunate situation. Agreed that if the school had known these problems would occur they would have relocated the equipment but that they had put their trust in their contractor. · Said that what used to be dispersed uses are now concentrated right behind these town homes. · Said that he can appreciate the costs to move the equipment. Added that he had no issue with the soccer field, as it seems consistent with past years. Commissioner Doorley: · Stated that there was a playground on the property and the school made a good faith attempt to improve that equipment for the benefit of their students. · Advised that he climbed onto the slide. · Added that with the move of that slide by 10 feet, he will support this application. That will represent a realistic effort. Commissioner Francois concurred. Added that similar issues were raised with the Montessori School on Latimer. It is a fact that there is noise associated with schools. Advised that he will support this application. Commissioner Lindstrom advised that he lives next to a school. Moving the slide will be a good solution. Added that the playground was there. Suggested a Condition of Approval to add the latticework to help mitigate any visual impacts on the town homes. Chairperson Gibbons: · Agreed that this is a very unfortunate circumstance. · Said that this situation has gotten way out of hand on both sides. · Said that while she agrees that these town homeowners needed to recognize the environmental in which they purchased (next to a school), having 40 to 50 kids is a lot out at a time. Commissioner Doorley said that the playground equipment is in the same area it was previously. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Francois, the Commission voted to adopt a Resolution approving a Modification (PLN2000-159) to a previously approved Conditional Use Permit to allow the installation of new playground equipment at 531 W. Rincon Avenue, by the following roll call vote: Planning Commission M~nutes of November 28, 2000 Page 22 AYE S: NOES: ABSENT: ABSTAIN: Doorley, Francois, Lindstrom Gibbons, Hernandez, Jones Lowe None The motion failed. Chairperson Gibbons stated that a Condition of Approval should be added in an effort to maximize the number of students in the play yard at any given time. Suggested that a better solution would be to refer this back to the Planning Commission with a continuance. Commissioners Doorley and Lindstrom both stated that they did not support that suggestion. Commissioner Hemandez stated his concern that precedent not be established for "after the fact" approvals. Commissioner Lindstrom disagreed that this is a precedent setting action. Commissioner Doorley stated that action is being taken to minimize the impact on the neighbors. Commissioner Jones suggested a 30-day continuance. Chairperson Gibbons reopened the Public Hearing for Agenda Item No. 4. Commissioner Francois asked Mr. Baumgartner what the lunch schedule is for the school. Mr. Jim Baumgartner replied that kindergartners eat at 11:30 a.m.; first and second graders at 11:40 a.m.; third and fourth graders at 11:50 a.m.; fifth and sixth graders at noon and seventh and eighth graders at 12:10. Commissioner Doorley asked Mr. Baumgartner whether the school could expand the lunch period range to 11 a.m. through 1 p.m. in order to reduce the number of students outdoors at any given time. Mr. Jim Baumgartner replied that he was willing to consider an expanded lunch schedule. Added that he has gone back to the playground manufacturer. They are willing to redesign the equipment but the installer is not willing to move the equipment for free. Added that they have tapped their financial resources in obtaining and installing this equipment and they are already in debt. Planning Commission M~nutes of November 28, 2000 Page 23 Ms. Kristi Bascom offered clarification that building permits are not required for the installation of the playground equipment. This application is only before the Commission as a result of the concerns expressed by the neighbors. Ms. Sharon Fierro added that as the Community Development Director, she has the authority to make minor changes to a site plan. Added that she is cautious in her approach to that and more often brings these changes to the Commission. Commissioner Francois asked what Chairperson Gibbon's comfort level is as far as number of students outdoors at any given time. Chairperson Gibbons replied 25. Commissioner Doorley suggested increasing that to 30 since there are 120 students. Thirty would allow the school to break their students into four groups of 30. Chairperson Gibbons said that she could support 30. Chairperson Gibbons reopened the Public Hearing for Agenda Item No. 4. Mr. Robert Piirainen stated: · That an error has been made. · Suggested that the contractor has some liability. · Reminded that the church subdivided the property on which his town home is now located. The church and school should honor the residential uses they helped bring to this property. · Asked where the concern is regarding the impact of this playground equipment on their homes. · Stated that the financial impact is more significant than $8,000 to $10,000. · Said that under the current conditions, he cannot use his home in the way that it is intended. · Said that this represents a significant impact and change. Chairperson Gibbons re-closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Doorley, the Planning Commission adopted Resolution No. 3317 approving a Modification (PLN2000-159) to a previously-approved Conditional Use Permit to allow the installation of new playground equipment in conjunction with a school on property located at 531 W. Rincon Avenue in a PF (Public Facilities) Zoning District, with the added Condition of Approval that the lunch schedule be spread between the hours of 11 a.m. and 1 p.m. so that no more than 30 students are out in the lunch/play area at any given time, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Lindstrom, Hernandez Planning Commission Minutes of November 28, 2000 Page 24 NOES: Jones ABSENT: Lowe ABSTAIN: None Chairperson Gibbons advised that this decision is final in 10 days, unless appealed in writing to the City Clerk. Chairperson Gibbons read Agenda Item No. 5 into the record. 5. PLN2000-151 Nelson, J.R. Public Hearing to consider the application of Mr. J.R. Nelson, on behalf of David and Margo Dickson, for a Site and Architectural Approval (PLN2000-151) to allow the construction of a new two-story single-family residence on property located at 1340 Abbott Avenue in an R-l-10 (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. Darcy Smith, Planner I, presented the staff report as follows: · Advised that this application is for a Site and Architectural Approval to allow the construction of a new two-story residence on property located at 1340 Abbott Avenue, south of Hacienda. Single-family residences surround this property. An existing single-family residence on the property will be demolished to allow a 3,064 square foot living unit and 462 square foot attached garage. · The General Plan designation is Low-Density Residential. The proposal represents a 3.7 unit per gross acre density, which exceeds the allowable. However, the lot was created prior to the General Plan designation. · The Zoning designation is R-l-10. · The proposal meets setbacks, coverage, zoning requirements and the San Tomas Area Neighborhood Plan requirements. · Architectural features include a hip roof, wood and stucco, divided windows, shutters and river rock masonry. The paint colors are light beige with ivory trim and teal shutters. The roofing material is brown. · There are five trees on the property and three are slated for removal. One is an Olive tree and two are small Hollywood Junipers. None of them meet the size or species protected under the Tree Ordinance. Six trees are required under the STANP for this project. The applicant is proposing to plant 15 in order to provide screening. · No curb and gutter street improvements are required or existing. · SARC reviewed the project and, with the requirement that extended use of river rock masonry veneer on the front fagade be wrapped around to the southwest comer of the house, was supportive. · Staff recommends adoption of a Resolution approving this application. Planning Commission l~,mutes of November 28, 2000 Page 25 Commissioner Lindstrom presented the Site and Architectural Review Committee report as follows: · SARC was supportive once the applicant brought the river rock all the way to the comer. Chairperson Gibbons opened the Public Heating for Agenda Item No. 5. Ms. Susan Keams, 1350 Abbott Avenue, Campbell: · Stated that her property is adjacent to the project site. · Said that she actually supports the use of a clip gable roof, which was used successfully in the Pulte project. · Expressed her objection to some of the proposed trees planned for the southern border, which is her shared property line with the project. One, the Washington Thom, gets up to 30 feet in height and spread. As there are already mature trees in this area, she is concerned that the new trees might interfere with the existing trees. Additionally, expressed concern about a proposed Chinese Tallow as there is not a lot of room available between the fence and the two homes (hers and this new one). Said that there is already an existing Japanese maple and another Chinese Tallow will be removed. Said that the 15 proposed trees might be excessive. Said that she would not object as long as they are not located at the fence line. · Said that she is more in favor of the idea of screening with a hedge or smaller scale trees. · Questioned Condition of Approval No. 20 concerning easements. Chairperson Gibbons had questions about the requirement for under grounding of utilities. Ms. Sharon Fierro deferred that question to the developer. Mr. Jon Nelson, Builder: · Advised that the waterline was installed on Abbott at the time that the New Cities Project was built. The property is currently connected to water via Hacienda Avenue. He can now connect this site to that waterline on Abbott Avenue. In addition, he will underground the Keams property for electrical and record necessary easements with TCI, PacBell and San Jose Water. · Invited the Keams to walk through the new house after framing in order to assess any privacy concerns. Said that he was willing to move trees or change varieties and even come back with a revised landscape plan. Chairperson Gibbons asked Mr. Nelson about under grounding the water lines for the Keams. Mr. Jon Nelson replied that he was determining the cost for that with San Jose Water. Added that Mr. Keams had already investigated the possibility of doing that himself in the not so distant past. Planning Commission M,nutes of November 28, 2000 Page 26 Mr. Lou Dorcich, Architect: · Advised that this is designed as a small-scale home. Ms. Susan Keams: · Said that she is concerned about incurring the expense of under grounding her water service as well as having to tear up her existing landscaping to do so. Commissioner Doorley asked Ms. Keams if she was satisfied with the offer by the builder to allow her to walk through the house once framed in order to discuss landscaping placement. Ms. Susan Keams replied that she was. Added that she wanted all her concerns to become a part of the record. Chairperson Gibbons closed the Public Hearing for Agenda Item No. 5. Chairperson Gibbons re-opened the Public Heating for Agenda Item No. 5. Mr. Jon Nelson advised that there are no recorded easements across this property allowing San Jose Water to provided water to the Keams property. Chairperson Gibbons re-closed the Public Heating for Agenda Item No.5. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution No. 3318 granting a Site and Architectural Approval to allow the construction of a new single-family residence on property located at 1340 Abbott Avenue, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom NOES: None ABSENT: Lowe ABSTAIN: None Chairperson Gibbons advised that this approval is final in 10 days, unless appealed in writing to the City Clerk. Chairperson Gibbons read Agenda Item No. 6 into the record. 6. PC Determination Staff Planning Commission Determination that a tattoo and/or body piercing establishment is a use similar to other uses permitted with a Conditional Use Permit in the C-1-S (Neighborhood Commercial) Zoning District pursuant to Section 21.59.70 of the Campbell Municipal Code. Planning Commission i~,,nutes of November 28, 2000 Page 27 Ms. Kristi Bascom, Planner I, presented the staff report as follows: · Advised that this is a staff initiated request to seek the Commission's determination as to whether a smoking accessories/tattooing/body piercing business should be allowed by right, with the issuance of a Conditional Use Permit or prohibited altogether within a C-1-S (Neighborhood Commercial) Zoning District. Staff conducted an informal poll of surrounding communities. Only a few mentioned these specific uses. Fremont, Mountain View, Pacific Grove and Union City require a Use Permit. Sunnyvale allows these uses in Industrial Districts without the requirement for a Use Permit. Cupertino, Los Gatos, Milpitas and Santa Clara have no mention of these uses within their zoning codes. · Advised that by requiring a Use Permit, the City is allowed greater discretionary ability to review each request. · Staff recommends that the Commission adopt a Resolution stating that tattoo/body piercing/smoking establishments require a Conditional Use Permit within the C-1-S Zoning District. Chairperson Gibbons stated that there is already one such establishment in Campbell. Ms. IQ-isti Bascom replied that there is one salon with ancillary use for body piercing and tattooing. Commissioner Jones asked if the City could simply disallow such uses. City Attorney Seligmann said that the City's Municipal Code does not currently prohibit such uses. This Determination will place such potential uses where the City best feels they belong. Such uses must be permitted somewhere. Chairperson Gibbons asked how the City could disallow such uses. City Attorney Seligrnann replied that the City would have to adopt an Ordinance prohibiting such uses. Commissioner Jones asked if there is a specific application pending. Ms. Kristi Bascom replied that an application was received on November 3, 2000. The City must reply to the applicant by December 3, 2000, to comply with Permit Streamlining requirements. Staff needs direction on how to proceed with this request. Ms. Sharon Fierro said that the pending application is for a site on Winchester Boulevard. Commissioner Doorley suggested making the determination to require issuance of a Conditional Use Permit at this time and to initiate an Ordinance to make the uses prohibited in the future. Planning Commission M,nutes of November 28, 2000 Page 28 City Attorney Seligmann advised that the Commission could suggest to Council that such an Ordinance be created. Ms. Sharon Fierro stated that staff is recommending the same findings as used for alcohol uses which state that the use will not result in an over-concentration, will not create a nuisance, will not significantly disturb the peace, morals, etc. and will not create a significant increase in demand on City services. Commissioner Jones asked if this use could be restricted on this site due to its proximity to a school. City Attorney Seligmann stated that such restriction also requires an Ordinance. Chairperson Gibbons asked about the City's restrictions on massage parlors. City Attorney Seligmann clarified that the City allows three massage parlors. Other massage services are allowed in conjunction with salons. Chairperson Gibbons asked for the most appropriate avenue in dealing with this. City Attorney advised that there are restrictions in State law that prohibits restricting the sale ofparaphemalia outright. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Francois, the Commission adopted Resolution No. 3319 making the determination that businesses offering tattoo/body-piercing/smoking supplies be a permitted use within the C-I-S (Neighborhood Commercial) Zoning District subject to issuance of a Conditional Use Permit, by the following roll call vote: AYES: Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom NOES: None ABSENT: Lowe ABSTAIN: None Motion: Upon Motion of Commissioner Jones, seconded by Commissioner Doorley, the Planning Commission voted to suggest that the City Council adopt an Ordinance to regulate the zoning of businesses engaged in the provision of body piercing/tattooing/smoking paraphernalia sales, by the following roll call vote: AYES: Doorley, Francois, Hernandez, Jones, Lindstrom NOES: None ABSENT: Lowe ABSTAIN: Gibbons Planning Commission Minutes of November 28, 2000 Page 29 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 at the next meeting on December 12, 2000, the 2001 Chair and Vice Chair would be selected and the Commission will be asked to cancel the December 26, 2000, meeting. ADJOURNMENT The Planning Commission meeting adjourned at 12:32 a.m. to the Planning Commission meeting of December 12, 2000, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: ~.~~~ '~"~b~-Gif0bons, Chair - -- ATTEST: ., Sharon Fierro, Secretary