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PC Min 01/13/1998CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JANUARY 13, 1998 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of January 13, 1998, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairman Lowe, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Commissioner: Commissioner: Commissioner: Dennis Lowe Tom Francois Susan A. Keams Jane Meyer-Kennedy Commissioners Absent: Vice Chair: Commissioner: Commissioner: Brad Jones Elizabeth Gibbons Mel Lindstrom Staff Present: Community Development Director: Senior Planner: Planner I: Planner I: City Attorney: Reporting Secretary: Steve Piasecki Sharon Fierro Aki Irani Barbara Ryan William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Kearns, seconded by Meyer-Kennedy, the Planning Commission minutes 1997, were approved. (4-0-3; Commissioners Jones, Lindstrom were absent.) Commissioner December 9, Gibbons and PRESENTATION OF PLAQUE TO 1997 CHAIR Chairman Lowe presented a plaque to 1997 Planning Commission Chairwoman Susan Kearns in recognition and in thanks of her service as Chair. Commissioner Kearns thanked the Commission. Planning Commission Minutes of January 13, 1998 Page 2 COMMUNICATIONS. 1. Information regarding Agenda Item No. 3. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairman Lowe read Agenda Item No. 1 into the record. 1. PD 97-03 Aziz, A. Continued Public Hearing to consider the application of Dr. Adham Aziz for approval of a Planned Development Permit (PD 97-03) to allow the construction of four townhomes on property located at 760 Duncanville Court in a PD (Planned Development) Zoning District. This project is Categorically Exempt. Tentative City Council Meeting Date: February 3, 1998. Chairman Lowe advised the Commission that the applicant has requested an extension. Mr. Steve Piasecki, Community Development Director, confirmed that the applicant is seeking a two-week continuance in order to develop revised site plans as a result of the SARC meeting. Chairman Lowe opened the Public Heating for Agenda Item No. 1. There was no one present who wished to address Agenda Item No. 1. Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Kearns, the Planning Commission voted to continue consideration of PD 97- 03 to the Planning Commission meeting of January 27, 1998, to allow the applicant time to prepare revised plans. (4-0-3; Commissioners Jones, Lindstrom and Gibbons were absent.) Chairman Lowe read Agenda Item No. 2 into the record. Planning Commission Minutes of January 13, 1998 Page 3 PM 97-09/ zc 97-02/ PD 97-05 Mahzoon, R. Public Heating to consider the application of Mr. Russell Mahzoon for approval of a Parcel Map (PM 97-09), Zone Change (ZC 97-02) and a Planned Development Permit (PD 97-05) to allow the construction of a four-unit townhome development on property located at 282 W. Sunnyoaks Avenue in an R-2-S (Medium Density Residential) Zoning District. This project is Categorically Exempt. Tentative City Council Meeting Date: February 3, 1998. Ms. Aki Irani, Planner I, presented the staff report as follows: · The applicant is seeking approval of three applications including a Zone Change from R-2-S (Multiple Family Residential) to PD (Planned Development); a Planned Development Permit and Tentative Parcel Map to allow the development of a four-unit townhome project. · The site is on south side of W. Sunnyoaks, west of Winchester and east of Virginia. Surrounding uses include townhome developments to the east and west, a commercial auto repair to the south and single-family residences across the street to the north. · All structures currently on site will be demolished, including a single-family residence, detached garage and sheds. · The project is consistent with the General Plan (Medium Density Residential) which allows 14-20 units per gross acre. As proposed, this project would be developed at a density of 12.83 units per gross acre. · With the approval of the Planned Development Application, the project is consistent with the Zoning Ordinance. · An initial study was prepared which found no significant impacts would be created. Staff recommends that the Commission forward a recommendation to Council to grant a Negative Declaration. · Project is proposed to include four attached townhome units in the form of two separate, two- unit buildings. · Access is via a 20-foot wide "L-shaped" driveway which will include decorative paving. · Proposed design is three-story, contemporary Mediterranean style with stucco exteriors, red concrete tile roofs, arched windows and decorative wrought iron railings. Brick veneer wainscoting and arched bay windows have been added to enhance the design. · Applicant has given substantial consideration to the placement and size of windows on the second story portions near the property lines to lessen potential privacy impacts on adjacent townhome developments. · Each unit is three-bedroom, 2.5 baths with two-car garages. Square footage range from 2,500 to 2,700, including garages. · As a condition, the applicant is required to provide a landscape plan for the commonly maintained areas including the front entrances to each unit. Private rear yard areas will also be provided to offer sufficient open space. · Parking is provided for 14 vehicles which meets the City's requirement of 3.5 spaces per unit. Eight spaces are covered and six are uncovered spaces for guest parking. · Tentative Parcel Map will create four separate lots. Instead of a common lot, this project proposes access to the property through easements and common maintenance through the CC&Rs. Planning Commission Minutes of January 13, 1998 Page 4 · Applicant will provide staff with a maintenance agreement and CC&Rs for review. · Staff is supportive of this project and recommends that the Commission forward the project to Council with a recommendation of approval. · The Site and Architectural Review Committee reviewed this application on December 29, 1997. With the provision of sufficient parking to meet the City's parking requirements and a draft CC&Rs for staff review SARC is supportive of the project. Commissioner Francois asked about the uncovered parking, specifically the "piggyback" parking space and whether this was an acceptable alternative. Ms. Aki Irani replied that the provision of this one tandem space is the only means of providing sufficient parking. Chairman Lowe asked whether adding a space to the northeastern side of the project site might not be better. Ms. Aki Irani replied that Fire requirements call for a 20-foot wide access which would not allow for parking in that area. Ms. Sharon Fierro, Senior Planner, advised the Commission that through the use of a parking maintenance plan and an appropriate signing program, this parking arrangement will work. Advised that Code does allow the use of tandem parking. Chairman Lowe opened the Public Hearing for Agenda Item No. 2. Ms. Marlene Sarnat, 288A West Sunnyoaks Avenue, Campbell: · Advised that two of these units would be along the side of her building. · Expressed a major concern regarding privacy but she advised that landscaping could help mitigate her concerns. · Suggested that City inspections during construction are very important so as to avoid five- year-long litigation such as has occurred with her complex as a result of poor construction. Chairman Lowe closed the Public Heating for Agenda Item No. 2. Commissioner Keams asked if landscaping requirements are included in the Conditions of Approval. Ms. Aki Irani advised that a landscaping and irrigation plan are required for this project. Commissioner Kearns asked about additional landscaping to serve as screening for privacy. Ms. Aki Irani answered that that will be taken into consideration. Chairman Lowe asked if the CC&Rs have been submitted. Planning Commission Minutes of January 13, 1998 Page 5 Ms. Aki Irani advised that the draft CC&Rs were delivered to staff on Friday but that staff has not yet had the opportunity to review the draft with the City Attorney. City Attorney William Seligmann advised that the CC&Rs will be approved at staff level. Until the CC&Rs are approved by staff, the applicant cannot build. Commissioner Meyer-Kennedy asked about inspections and whether the quality of inspections has improved since Ms. Samat's project was constructed. Mr. Steve Piasecki advised that the City's inspection process is undertaken to ensure that the Uniform Building Code standards are met. It is always possible that poor workmanship may not be detected. Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Francois, the Planning Commission voted to recommend that Council grant a Negative Declaration and adopted: 1. Resolution No. 3137, recommending approval of a Zone Change Application (ZC 97-02) to change zoning from R-2-S (Multiple Family Residential) to PD (Planned Development); 2. Resolution No. 3138, recommending approval of a Planned Development Permit (PD 97-05) to allow the construction of four townhome units; and 3. Resolution No. 3139, recommending approval of a Tentative Parcel Map (PM 97-09) to allow the creation of four lots, on property located at 282 W. Sunnyoaks Avenue, by the following roll call vote: AYES: Francois, Kearns, Lowe, Meyer-Kennedy NOES: None ABSENT: Gibbons, Lindstrom, Jones ABSTAIN: None This item will be considered by Council at its meeting of February 3, 1998. Chairman Lowe read Agenda Item No. 3 into the record. UP 97-20 Church of Scientology Public Hearing to consider the application of the Church of Scientology for approval of a Conditional Use Permit (UP 97-20) to allow the establishment of an educational institution on property located at 2155 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Planning Commission Minutes of January 13, 1998 Page 6 Ms. Aki Irani, Planner I, presented the staff report as follows: · The Church of Scientology is requesting a Conditional Use Permit to allow the establishment of their facility at 2155 S. Bascom Avenue. · The proposed facility is similar to a commercial school and includes individualized training courses, administrative and counseling offices and an incidental retail book store. The facility lacks typical assembly areas as are characteristic of most churches. · The proposed use would be located within a 10,000 square foot tenant space, south of Campbell and north of Apricot. · Staff finds the project to be consistent with the General Plan and Zoning Ordinance, with the provision of a Use Permit, and compatible with surrounding uses. · Four other uses will remain on the first floor of this building. Some other businesses currently located on the first floor will have to be relocated to space on the second floor. · Staff believes this use will not conflict with the other office and commercial uses on site and finds the use compatible and consistent with the surrounding neighborhood. · The proposed use will provide individualized training courses for spiritual and self improvement. Most of the tenant space will be occupied by administrative and counseling offices. · Classrooms will occupy 22% or 2,200 square feet of the tenant space and includes five classrooms, including the audio and visual rooms. · Other uses include a library, a 121 square foot retail bookstore, storage areas and a sauna room. · The sauna room and "assist" tables in the counseling offices are provided as part of the counseling programs and the applicant has assured staff that no "massage" therapy will be involved. · The Police Department has reviewed the application and has no concerns or conditions for the project. · Staff is supportive given that the operations of the church will appear like a commercial school with associated administrative and counseling offices. The classrooms are similar to conference rooms and the sauna room is similar to workout or gyms found in such large offices. · Hours of operation are 9 a.m. to 10 p.m., Monday through Friday, and 9 a.m. to 6 p.m. on Saturday and Sunday. Peak use of the site by this tenant will be between 7 p.m. and 10 p.m. when a majority of the members attend training courses. · The use is not anticipated to create additional parking demand as the tenant will need parking at times that the other businesses in the building have closed. A parking survey submitted by the applicant demonstrates that parking is largely available after 6:30 p.m. and that parking is always available during the daytime. Staff visited the site during various times of day and found the parking situation to be consistent with the applicant's parking survey. Based upon this, staff has determined that no additional parking is required for the site. · Staff recommends approval. Chairman Lowe asked if SARC reviewed this application. Ms. Aki Irani advised that SARC did not review this project as it represents a use issue with no exterior modifications proposed. Planning Commission Minutes of January 13, 1998 Page 7 Chairman Lowe opened the Public Heating for Agenda Item No. 3. Mr. Mark Worlick, Applicant: · Advised that the Church of Scientology has been located for the last 25 years in Los Gatos, 10 years in its current site. · They are looking to locate in Campbell to serve as a central site for their members. · Advised that they are happy to be locating within Campbell. · Advised that the Church of Scientology offers personal counseling, an academy and offices. Additionally they have a small bookstore selling materials needed by the academy. Commissioner Francois asked if the Church was still in Los Gatos and whether that location would remain open. Mr. Mark Worlick advised that they plan to completely relocate this facility to Campbell. Said that they have a lot of members from San Jose and Campbell. Mr. Geoffrey Gault, Property Manager, 2155 S. Bascom Avenue, Suite 214, Campbell: · Advised that he is a tenant in the subject building as well as being the property manager. · Said that he is available to answer any questions. Chairman Lowe asked if the other tenants had been advised of these pending changes. Mr. Geoffrey Gault: Advised that some have been notified. · Stated that other tenants have been given 30-days notice as they were not the right kind of tenants. · Said that the building had not been maintained properly due to poor cash flow but that the church will supply funds to help bring the building up to snuff. Ms. Jean Spinner, 26767 Chirco Drive, Los Gatos: · Stated the she had nothing specific to say other than to express her support for the Church of Scientology. · Said that the Church would be great for the community. Ms. Tracy Marshall, 220 Michael Drive, Campbell: · Stated that it is not in the best interest to encourage the establishment of the Church of Scientology. · Opined that their practices have been the product of much inquiry including a January 7, 1998, report on CBS. · Stated that we must look at the history of the Church of Scientology which is shrouded in secrecy and mistrust. Planning Commission Minutes of January 13, 1998 Page 8 Mr. Mark Worlick, Applicant's representative: Reminded the Commission that this hearing is relative to a Use Permit. · Stated that the previous speaker's comments are not appropriate at this meeting. · Advised that he is prepared to field any questions raised by the previous speaker. · Said that the media always looks to create controversy but never give the facts when conflicts are resolved. Commissioner Keams advised that the Commission just received the materials this evening and have not had the opportunity to review them. City Attorney William Seligrnann advised that the issue before the Commission is the proposed use not who is occupying the space. Mr. Mark Worlick: · Stated that the recent news report was regarding a Lisa McPhearson who was a long-standing member of the Church of Scientology. · Ms. McPhearson was involved in a car accident and subsequently stayed at one of the Church of Scientology's locations. · She died due to an embolism in her leg caused from the accident. There was no way to predict this embolism would occur. · Advised that he is happy to meet with anyone to discuss this case. Commissioner Francois advised that this application reflects a use issue not a philosophical issue. Mr. Bruce Peters, Campbell Business Owner: · Provided an anecdote regarding the impact of the media reporting falsely on a story about a family member. · Expressed his support for the Church of Scientology, saying that it was great for him. Chairman Lowe closed the Public Heating for Agenda Item No. 3. Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3140 granting approval of a Conditional Use Permit (UP 97-20) to allow the establishment of the Church of Scientology as an educational institution on property located at 2155 S. Bascom Avenue, by the following roll call vote: AYES: Francois, Kearns, Lowe, Meyer-Kennedy NOES: None ABSENT: Gibbons, Lindstrom, Jones ABSTAIN: None Mr. Steve Piasecki, Community Development Director, advised that this decision is final, unless appealed in writing to the City Clerk within 10 days. Planning Commission Minutes of January 13, 1998 Page 9 Chairman Lowe read Agenda Item No. 4 into the record. S 97-24 UP 97-21 Haro, R. Public Heating to consider the application of Mr. Richard Haro for a Site and Architectural Approval (S 97-24) to remodel an existing building for the establishment of a new restaurant and bar (Katie Blooms Restaurant) and a Conditional Use Permit (UP 97-21) to allow on-premise general liquor service and extended hours of operation for the business until 2 a.m., seven days a week, on property located at 369 E. Campbell Avenue in a C-3-S (Central Business District) Zoning District. This project is Categorically Exempt. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Mr. Steve Piasecki, Community Development Director, advised the Commission that there is no quorum for this item as one Commissioner must abstain from the matter since her office is located on the same block. Therefore, this item must be continued to the meeting of January 27, 1998. City Attorney William Seligmann advised that the Chairman should open the hearing but that it would not be appropriate to hear any testimony since a quorum is not available. Chairman Lowe opened the Public Hearing for Agenda Item No. 4. Mr. Steve Piasecki, Community Development Director, advised the Commission that a motion to continue for two weeks is appropriate at this point. Motion: Upon motion of Commissioner Francois, seconded by Commissioner Kearns, the Planning Commission continued consideration of a Site and Architectural Application (S 97-24) and Conditional Use Permit (UP 97-21) to allow the establishment of a new restaurant and bar (Katie Blooms) on property located at 369 E. Campbell Avenue. (3-0-3-1; Commissioners Jones, Gibbons and Lindstrom were absent and Commissioner Meyer- Kennedy abstained.) REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following updates. · Advised that Council took first reading of an Ordinance approving the Pruneyard expansion. Second reading is set for January 20t~. · Reminded the Commission that the Annual League of California Cities Planners Institute is set for March in Long Beach. Commissioners interested in attending should contact Planning Secretary Corinne Shinn so that appropriate reservations and deposits can be made with the hotel. Planning Commission Minutes of January 13, 1998 Page 10 ADJOURNMENT The Planning Commission meeting adjourned at 8:17 p.m. to the Planning Commission meeting of January 27, 1998, in the Council Chambers, City Hall, 70 North First Street, Campbell, Califomia. (/T0~ ~ SUBMITTED BY: ~orinne A Sh~nn, Reco~g Secretary APPROVED BY: ATTEST: Dennis Eo eg~, Chairman