PC Min 04/28/1998CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
APRIL 28, 1998
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of April 28, 1998, was called to order at 7:38 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:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Dennis Lowe
Brad Jones
Tom Francois
Elizabeth Gibbons
Susan A. Kearns
Mel Lindstrom
Jane Meyer-Kennedy
Commissioners Absent:
None
StaffPresent:
Community
Development Director:
Senior Planner:
Planner II:
Planner I:
Planner I:
City Attorney:
Reporting Secretary:
Steve Piasecki
Sharon Fierro
Gloria Sciara
Aki Irani
Barbara Schoetz Ryan
William Seligmann
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Gibbons, seconded by Commissioner
Jones, the Planning Commission minutes of April 14, 1998, were
approved. (5-0-2; Commissioners Lindstrom and Meyer-Kennedy
abstained.)
Planning Commission Minutes of April 28, 1998 Page 2
COMMUNICATIONS.
1. Modified conditions for Agenda Item No. 1.
2. Modified conditions for Agenda Item No. 2.
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.
TA 98-03
City Initiated
Continued Public Hearing to consider the City-initiated
application for approval of a Text Amendment (TA 98-03) to
amend the Campbell Municipal Code to include a Tree
Protection Ordinance. A Negative Declaration has been
prepared for this project. Tentative City Council Meeting Date:
May 19, 1998.
Ms. Gloria Sciara, Planner II, presented the staff report as follows:
· This item was continued from the April 14~h Planning Commission meeting.
· Commission concerns included the inclusion of developed single-family residential
properties within the requirements of the Tree Protection Ordinance, the replacement
requirements and the designation process for heritage trees.
· The Commission suggested excluding developed single-family properties from the
requirements of the Tree Protection Ordinance with the exception of heritage trees.
· The Commission wanted to ensure that before a tree is designated as being a heritage tree, the
property owner on whose property the tree is situated must be in agreement to having the
heritage tree designation imposed on that tree(s).
· Based upon the Commission's discussion on April 14th, staff revised the draft Tree Protection
Ordinance and the City Attorney made additional modifications and/or corrections.
· The revised Ordinance will allow homeowners to remove all types of trees except those trees
designated as heritage trees as long as the property owner gave its consent to that heritage
tree designation.
· The Commission wanted to see expanded noticing.
· The Commission has two options. First it can approved the revised draft with the elimination
of single-family properties. Second, it can approve the original draft as prepared by the Tree
Committee.
Commissioner Gibbons asked about replacement ratios and penalties within other local cities.
Planning Commission Minutes of April 28, 1998 Page 3
Ms. Gloria Sciara advised that most of the cities surveyed use the same processes as are being
proposed in this draft, including the four times ratio for replacement and the assessment of the
value of the heritage tree.
Chairman Lowe asked who establishes a value for the heritage trees.
Ms. Gloria Sciara answered that staff works with an arborist to establish the value.
Commissioner Gibbons said that the material is not complete and asked about other
communities.
Ms. Gloria Sciara replied that Los Gatos and San Jose require replacement but that she is not
certain about the specifics.
Commissioner Gibbons stated that there is the potential for a dollar value impact on residents and
developers. Questioned the requirement to provide trees to the City in the event that there is no
space on the subject property to replace trees removed. Wondered how citizens would know
what trees are acceptable. Asked if other cities require a provision for off-site planting.
Ms. Gloria Sciara answered that it is common to require on and off-site tree replacement.
Commissioner Gibbons:
Asked what is a heritage tree and how is a tree so designated.
· Is the owner's permission required before a tree is designated as heritage.
· What is the benefit of heritage tree designation.
Ms. Gloria Sciara answered that the heritage tree designation recognizes history and the tree's
value to the community.
Commissioner Jones asked how many heritage trees there are in Campbell.
Ms. Gloria Sciara said that most of the trees that would qualify as heritage would be located in
the San Tomas area where there are a large number of oaks.
Commissioner Jones again sought assurance that homeowners must agree before a tree on their
private residential property is designated as heritage.
Ms. Gloria Sciara said that is correct.
Commissioner Kearns asked what types of tree species would be considered for heritage
designation.
Planning Commission Minutes of April 28, 1998 Page 4
Ms. Gloria Sciara replied that any type of tree can be considered for designation as heritage since
the process is a voluntary one.
Chairman Lowe reminded the Commission that the cost of a replacement tree is approximately
$150.
Commissioner Gibbons:
Stated that the permit process is vague and burdensome.
· Said that the 30 day deadline to replant could be too short and that perhaps limiting the
requirement to have the trees replanted prior to occupancy might be better.
· Suggested that removal of eucalyptus trees also be unrestricted as they are not native trees to
the area.
· Discussed a large cedar tree on her street that had a split trunk. Part of this tree was removed.
It is a large tree with an 18-inch diameter trunk.
· Wondered if the Historic Preservation Board would be able to nominate a tree for heritage
designation and still be able to vote on that designation.
City Attorney William Seligmann answered that they could do so.
Commissioner Gibbons stated that she is comfortable with this since the property owner's
permission is required prior to the attempt to designate a tree as heritage. Clarified that appeals
of Historic Preservation Board actions are heard by the Planning Commission while appeals of
Planning Commission actions are heard by Council.
Chairman Lowe opened the Public Heating for Agenda Item No. 1.
Mr. Matt Beauregard, 64 Llewellyn Avenue:
· Asked the Commission to consider the original draft as proposed by the Tree Committee.
· Suggested that a list be maintained of residents willing to take a tree.
· Suggested a study of the cost of appeals process and permit process.
· Suggested a sunset on the Ordinance to allow time for review but wants to see the Tree
Committee Ordinance used.
· Suggested a 500 foot notification list rather than a 200 foot.
· Advised that the trees removed in his neighborhood were not in conjunction with any type of
development.
· Said that this issue is important to the community at large.
· Trees have an historic value.
Chairman Lowe sought clarification on the noticing required for heritage tree designation.
Ms. Gloria Sciara advised that a 200-foot noticing list should cover adjacent property owners for
protected tree removal applications. Heritage trees would require a 500 foot list.
Planning Commission Minutes of April 28, 1998 Page 5
Ms. Sharon Keating-Beauregard, 64 Llewellyn Avenue:
· Asked whom would request removal of a tree from heritage designation status.
Ms. Gloria Sciara replied that such a request for removal from heritage status would be generated
by the property owner, the same process as was used to designate the tree as heritage.
Mr. Jahmai Ginden, 1500 San Tomas Aquino Road:
· Advised that he is present as both the Chair of the Historic Preservation Board and a
Campbell resident.
· Said that the citizens of Campbell want tree protection.
· Stated that the city of Campbell is primarily a residential City.
· Without including developed single-family properties under the provisions of the Tree
Protection Ordinance, few trees will end up being protected as there are currently no trees
designated as heritage trees and there is limited non-residential property.
· Stated that heritage trees are not exempt from removal and replacement is reasonable.
· Advised that other cities include residential properties in their tree ordinances.
· Without including R-1 Zoning, the proposed Tree Ordinance does not protect many trees.
Chairman Lowe asked whether there have been cases when a structure designated as historic was
removed from that designation.
Mr. Jahmai Ginden answered that while it is possible, such a request is rare once a structure has
been added to the Historic Resources Inventory.
Ms. Jean LaDuc, 1356 Munro:
· Advised that she served on the Tree Committee.
· Suggested the use of"Certified" arborist rather than "Licensed" arborist.
· Advised that measurement of trees is done at the "diameter at breast height" and not two feet
above grade. Demonstrated the device used to measure trees.
· Said that tree protection is important to save the urban forest of Campbell.
· Asked the Planning Commission to approve the Tree Committee's version of the draft Tree
Protection Ordinance.
Commissioner Meyer-Kennedy asked if Ms. LaDuc wanted to see a pilot program.
Ms. Jean LaDuc answered that this is not a bad idea. We do not know what impact this
Ordinance will have on staff and residents.
Commissioner Gibbons sought clarification that Ms. LaDuc was measuring a tree's diameter
rather than its circumference.
Planning Commission Minutes of April 28, 1998 Page 6
Mr. Steve Piasecki advised that both diameter and circumference were used purposely in the
draft ordinance.
Ms. Jean LaDuc suggested that it is important to use professional's language in the Ordinance.
Ms. Lucy Leeburg, 81 S. Fourth Street:
· Advised that she too was on the Tree Committee.
· Suggested that all the work of the Tree Committee is being watered town dramatically with
the Planning Commission's revisions.
· Said that there is no list of heritage trees yet and it may take up to three years or more to
develop a list of heritage trees.
· Said that there are lots subject to subdivision. How will trees on these sites be protected if
they are divided.
Mr. Steve Piasecki advised that this concern could be handled in one of two ways including
adopting the original draft whereby the Tree Protection Ordinance is applicable to both
developed and undeveloped properties in all zoning areas or to use the revised draft but to
include undeveloped residential properties within the provisions of the Tree Protection
Ordinance.
Ms. Lucy Leeburg:
· Added that eight of the nine local jurisdictions include single-family residential properties in
their Tree Ordinances.
· Said that the City needs to "protect the trees we have."
· Since a property owner needs permission in order to build on his property, why not protect
natural beauty on that property.
Commissioner Kearns stated that the City has gone for years without a Tree Ordinance. Most
residents love and want to maintain their trees. One attraction of the city is its trees. Said that
she is supportive of the revised Tree Ordinance.
Commissioner Gibbons:
· Said that she has some technical comments but that she supports a Tree Ordinance. It is bad
to be the only local community without one.
· Advised that her reaction to the draft Tree Ordinance is that it is punitive to owners of
personal property. It is confusing, costs lots of money. It is negative to the individual. It
imposes a monetary impact on private property.
Chairman Lowe reminded that the Commission had carefully reviewed and handled a project site
on which a large oak was located. While he finds the draft Tree Ordinance to be a good start, it
seems punitive and restrictive to R-1 properties.
Planning Commission Minutes of April 28, 1998 Page 7
Commissioner Lindstrom asked if comments were appropriate on the revised draft.
Chairman Lowe advised that Commissioner Gibbons has advised that she has technical
comments.
Commissioner Lindstrom:
· Stated that he wants to give flexibility.
· Said that the City has done a good job.
· The Tree Ordinance restricts use of"my property."
· The Commission has had projects before with tree issues. An effort has been made to protect
trees.
· Expressed that the Ordinance restricts personal freedom.
Commissioner Gibbons stated that the Commission has been diligent. While the City needs a
Tree Ordinance, she is uncomfortable with the restrictions imposed on homeowners.
Commissioner Lindstrom asked if this Ordinance will go to Council.
Chairman Lowe replied that this Ordinance will go to Council.
Commissioner Gibbons sought clarification to page 8 dealing with replanting plan. Said that
either a 30 day deadline or prior to occupancy might be better.
Mr. Steve Piasecki advised that tree issues are not always connected to building occupancy.
Commissioner Gibbons had concerns about replanting off site and about requirements to provide
trees for planting in other locations in the City to the Service Center.
Mr. Steve Piasecki advised that it may be better to simply have the applicant pay the cost of
replacement rather than providing the actual trees.
Commissioner Gibbons suggested establishment of a list of volunteers who would be willing to
take replacement trees.
Mr. Steve Piasecki advised that there is no lack of space available in the public right-of-way for
the planting of these trees.
Commissioner Gibbons suggested that an attempt be made to replant the trees within the same
neighborhood in which the original tree was removed.
Mr. Steve Piasecki assured that efforts will be made to do so.
Planning Commission Minutes of April 28, 1998 Page 8
Commissioner Gibbons suggested making this a requirement within the Ordinance. Wanted to
be sure that whomever sought heritage designation for a tree be the one to pay for the arborist's
report. She also clarified that among those who can initiate heritage tree designation are the
Planning Commisison, staff, property owners or members of the public with the property
owner's permission.
Mr. Steve Piasecki clarified that anyone can nominate a tree for heritage designation.
Commissioner Gibbons reminded that no money has been budgeted to pay for arborists' reports.
Mr. Steve Piasecki agreed that the City does not have any money designated but that the process
should be kept open-ended.
Commissioner Gibbons wondered if orchards would be protected.
Mr. Steve Piasecki advised that there are few orchards left in Campbell. To attempt to regulate
these few orchards would single out those property owners.
Commissioner Gibbons suggested that eucalyptus trees do not require protection as they are not
native trees.
Mr. Steve Piasecki agreed that the Commission could choose to add eucalyptus trees to trees
exempt from review.
Chairman Lowe closed the Public Hearing for Agenda Item No. 1.
City Attorney William Seligmann advised that all the changes discussed cannot be made this
evening.
Mr. Steve Piasecki suggested continuing the matter for two weeks.
Chairman Lowe agreed and stated that he wants to see a clean final version.
Mr. Steve Piasecki advised that the original version drafted by the Tree Committee as well as the
revised Planning Commission version will be forwarded to Council. This will give Council the
opportunity to see both versions and will ensure that the work of the Tree Committee is not
completely sidestepped.
Chairman Lowe reopened the Public Hearing for Agenda Item No. 1.
Chairman Lindstrom clarified that Council will receive two versions of the Tree Protection
Ordinance.
Planning Commission Minutes of April 28, 1998 Page 9
Mr. Steve Piasecki advised that that was correct. Council can choose one or the other or a
combination of the two.
Motion:
Upon motion of Commissioner Gibbons, seconded by Commissioner Meyer-
Kennedy, the Planning Commission unanimously moved to continue
consideration of the draft Tree Protection Ordinance to the Planning
Commission meeting of May 12, 1998. (7-0)
Chairman Lowe read Agenda Item No. 2 into the record
2. S 98-01/UP 98-01
Gera, N.
Public Heating to consider the application of Mr. Nick Gera, on
behalf of Stoddard's Brewhouse & Eatery, for a Site and
Architectural Approval (S 98-01) to allow the construction of a
two-story 33,690 square foot building in the Downtown area as
a restaurant/brewery and banquet hall and a Conditional Use
Permit (UP 98-01) to allow extended hours of operation and on-
sale general liquor service, on property located at 200 E.
Campbell Avenue in a C-3-S (Central Business District)
Zoning District. A Negative Declaration has been prepared for
this project. Tentative City Council Meeting Date: May 19,
1998, to consider approval of a parking adjustment.
Ms. mki Irani, Planner I, presented the staff report as follows:
· Advised that the applicant is seeking approval of a Site Approval and a Conditional Use
Permit to develop a restaurant/banquet facility on the southwest comer of S. Second Street
and E. Campbell Avenue.
· There is currently a 7,700 square foot building on this site which was formerly occupied by
Wells Fargo Bank and which now houses Tiny Tots.
· The applicants are proposing to construct a 33,700 square foot, two-story building with 60
on-site parking spaces for which valet parking services will be provided.
· The second floor will be used as a banquet facility.
· The building style will be contemporary Mediterranean, a style similar to the Community
Center. The building will be stucco with a tile roof.
· The proposal is consistent with the General Plan and C-3 Zoning of the property with
Council approval of a parking adjustment.
· The Use Permit is to allow late hours of operation and a general on-sale liquor license.
· There will be an on-site microbrewery. The restaurant will include 255 seats and be a full-
service, sit down restaurant.
Planning Commission Minutes of April 28, 1998 Page 10
· The banquet hall will be used for gatherings of 150 to 200 persons with a maximum capacity
of 600. However, large events will occur only a few times each year.
· The use also includes supporting office space.
· An updated sheet clarifies hours of operations and other suggested changes. Staff
recommends eliminating restricted hours from conditions 16 and 19.
· A parking management plan has been prepared by the City. Parking includes 60 on-site
spaces, approximately 60 on-street parking and private parking agreements with other sites in
the downtown as well as parking for 100 cars in conjunction with the banquet use at the
Community Center. The parking management plan requires approval by Council.
· Advised that a neighborhood meeting was held on April 16~h and the general consensus was
support.
Chairman Lowe asked about noticing for that meeting.
Ms. Aki Irani advised that an expanded noticing list was used including tenants in the area.
Mr. Kirk Heinrichs, Redevelopment Manager:
· Advised that the Redevelopment Agency worked to draw an anchor to the downtown area
which will serve local people and visitors as well.
· This new building will provide an architectural standard for new development in the
downtown which has seen little new construction in recent years. It can become a landmark
for the downtown.
· The new interest in the downtown is nice to see.
· Said that Council made a serious commitment to the downtown in the early 90's.
· This applicant will provide a quality restaurant in the downtown. The applicant currently
operates in downtown Sunnyvale.
· Success breeds success. Stoddard's can serve as a catalyst.
· This use will serve a community need. Since the closure of Renzo's, there has been no
banquet facility in Campbell.
· Advised that staff worked long and seriously on the Parking Management Plan. It was a
challenge but it works. Peak hours for this use will be evenings and weekends when many
other uses are vacant. A program has been developed which fits and will work.
· Parking and traffic problems are part of a successful downtown.
· Parking along the loop streets (about 80 spaces) will occur soon.
· This is a quality project for the downtown.
Mr. Peter Eakland, Traffic Engineer:
· Advised that they are ready to implement a permit parking program in the event that
residential parking should become a problem.
· Twelve years ago a Resolution was adopted for the permit parking program but no permits
have been issued during the last eight or nine years. However, the signs are still up and seem
to serve as a deterrent. The hours for permit parking are 7 a.m. to 7 p.m. when there is
Planning Commission Minutes of April 28, 1998 Page 11
unlikely to be demand. If the permit parking is expanded to 24 hour, it will require a new
Resolution.
Chairman Lowe stated that this tactic seems to be reactive rather than proactive. He would prefer
a proactive process.
Mr. Kirk Heinrichs:
· Stated that the signs are in place.
· If not needed but implemented, the permit program can be inconvenient to residents.
· Assured that the residents will tell if problems arise.
· The City is prepared to move quickly if these parking problems materialize.
· Perhaps the City should ask the neighbors if the want the permit program rather than
imposing it.
Commissioner Gibbons expressed concern about construction parking and expressed that it is
naive to think that no problems will occur.
Commissioner Meyer-Kennedy stated that permit parking was successful in the past.
Commissioner Gibbons asked how a future parking structure and parking district will be
financed.
Mr. Kirk Heinrichs answered that funding would come through the Redevelopment Agency.
Commissioner Gibbons asked about whether the parking on the loop streets would occur soon.
Mr. Kirk Heinrichs answered that it should occur soon although Council has not formally
approved it.
Commissioner Gibbons stated that it is difficult to tell patrons where to park. The Community
Center is fairly far. Asked that the applicant be required to publish literature on where to park.
Asked when shuttle bus service would be available.
Mr. Kirk Heinrichs:
· Advised that a Condition is included that requires the applicant to notify its clients about
where banquet parking will be provided.
· Parking agreements will be entered into with neighboring uses for restaurant patrons.
· Eighty percent of the business is anticipated to occur on Friday nights, Saturdays and
Sundays.
· Shuttle and valet services will be organized as needed.
Planning Commission Minutes of April 28, 1998 Page 12
Chairman Lowe asked if a phone will be available at the Community Center to call for shuttle
pick up.
Mr. Kirk Heinrichs advised that the valet services utilize radios.
Commissioner Gibbons suggested that occasions will occur when parking will be needed by
multiple users such as when the mortuary is conducting services. Questioned the impact on this
business when events occur when the downtown is shut down for traffic.
Mr. Kirk Heinrichs replied that the large events that will occur at the banquet facility are planned
in advance and they would not be scheduled when the downtown is having an event that shuts
down the roadway.
Chairman Lowe asked if 60 parking spaces were enough to support the restaurant.
Mr. Kirk Heinfichs replied that 60 spaces would not support all the parking required by the
restaurant.
Mr. Steve Piasecki added that street spaces will also be required and have been surveyed.
Mr. Kirk Heinrichs added that loop street parking should have been done a long time ago. It is
not a controversial thing and these spaces will go in this year. Added that the parking
management plan does not count these spaces.
Chairman Lowe opened the Public Hearing for Agenda Item No. 2.
Mr. Bob Stoddard, Owner, Stoddard's.
· Announced that he is happy to be coming to Campbell.
· Advised that similar circumstances were in place when he established his location in
Sunnyvale.
· Said that he is proud of their success in Sunnyvale.
· Admitted that parking is an important aspect of this project and stated that he is committed to
the management of the parking plan. He has reviewed the plan and is confident that they can
manage it.
· Advised that special events also occur in Sunnyvale where the streets are blocked. They do
not book events that conflict with these City events. It is not in their best interests to do so.
Commissioner Gibbons advised that the City will need to change its act also and be more strict in
the scheduling of these special events rather than doing so informally and on short notice. Asked
about the potential for live entertainment.
Mr. Bob Stoddard advised that they have live entertainment at their Sunnyvale location and
would want to offer it in Campbell too. It would include after dinner music with some dancing.
Planning Commission Minutes of April 28, 1998 Page 13
Commissioner Gibbons again asked about construction parking.
Mr. Bob Stoddard answered that he felt construction parking would be accommodated on site.
Commissioner Gibbons advised that if construction parking becomes an issue, they will have to
arrange an alternate location for parking during construction.
Chairman Lowe asked if the grain silo depicted on the elevations would be functional and if so
what delivery hours would be implemented.
Mr. Bob Stoddard replied the silo is functional and that they are flexible about the timing of
delivery of grain. In Sunnyvale the deliveries occur early in the morning.
Commissioner Jones presented the Site and Architectural Review Committee meeting report as
follows:
SARC reviewed this application on April 14, 1998.
· SARC is in favor of the project and finds it to be a great addition.
· SARC's only concern was parking.
Mr. Bob Stoddard added that he is confident the parking plan will work.
Commissioner Keams expressed concern about allowing outdoor dining on the balcony until 2
a.m.
Mr. Bob Stoddard advised that closing down the outdoor seating
However, he did advise that the kitchen is closed down before 2 a.m.
on the Campbell Avenue side. Said that midnight might be feasible.
at 10 p.m. is too early.
Added that the seating is
Commissioner Meyer-Kennedy commended the applicant and staff. Advised that she was
skeptical about this project at first. It is clear that everyone has done their homework and this
project will work. Added that this project will offer interesting changes and that she is looking
forward to seeing it.
Mr. Steve Worthman, 790 Dry Creek Road:
· Advised that he owns property in the downtown.
· Informed that he was not notified of the community meeting.
· Added that he can see that Planning is excited by this project and he sought assurances that
future development of his property will not be hampered by the approval of this one.
Mr. Kirk Heinrichs:
· Advised that the noticing was geared to the residential properties rather than businesses.
Planning Commission Minutes of April 28, 1998 Page 14
· Stated that he is more than willing to discuss development ideas with Mr. Worthman.
· Assured that nothing about this project will negatively impact Mr. Worthman's site.
Mr. Don Kennedy, 255 Everett Avenue:
· Expressed concern regarding noise and the fact that live music might be heard at the adjacent
residential neighborhoods.
· Advised that on occasion they already hear music from the Oddfellows Hall.
· Asked for safeguards that music will not flow into residential areas.
Commissioner Lindstrom assured Mr. Kennedy that noise standards are a part of the conditions
of approval for this project.
Mr. Don Kennedy asked how complaints would be handled.
Commissioner Gibbons suggested that only exits onto Campbell Avenue be utilized during late
evening hours.
Chairman Lowe closed the Public Hearing for Agenda Item No. 2.
Commissioner Gibbons: · Stated that her concerns are the hours of operation and live entertainment.
· Said that she could support balcony dining on the Campbell Avenue side until 12 midnight.
If problems occur, this time can be reverted back to 10 p.m.
· Stated that a condition for live entertainment is not included in this report.
City Attorney William Seligmann advised that a special permit from Council would be required
at which time conditions would be imposed.
Mr. Steve Piasecki added that a noise condition will ensure that the live entertainment does not
bother the surrounding area.
Chairman Lowe asked if the conditions for grain delivery will duplicate those of Rock Bottom
Brewerey.
Commissioner Kearns asked if such deliveries were noisy.
Chairman Lowe replied that the impact is simply that the grain is delivered in a very large truck.
Commissioner Gibbons added that the applicant can adjust their delivery hours if the delivery
truck causes traffic problems.
Planning Commission Minutes of April 28, 1998 Page 15
Motion:
Upon motion of Commissioner Lindstrom, seconded by Commissioner
Meyer-Kennedy, the Planning Commission adopted:
1. Resolution No. 3158 recommending that Council approve a parking
adjustment for the project to allow parking to be accommodated by the
attached Parking Management Plan; and
2. Resolution No. 3159 approving a Site and Architectural Approval (S 98-
01) to allow the development of a two-story building as a restaurant with
associated microbrewery and a banquet hall facility with associated
retail/office space, contingent upon the approval of a parking adjustment
by the City Council; and
3. Resolution No. 3160 approving a Conditional Use Permit (UP 98-01) to
allow late night hours of operation past 11 p.m. for a restaurant with
associated microbrewery and a banquet hall facility with associated
retail/office space, contingent upon the approval of a parking adjustment
by the City Council and will conditions for grain delivery and outdoor
dining limited to midnight; and
4. The granting of a Negative Declaration for this project.
by the following roll call vote:
AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
NOES: None
ABSENT: None
ABSTAIN: None
Chairman Lowe called for a ten minute recess at 9:38 p.m. and reconvened at 9:50 p.m.
Chairman Lowe read Agenda Item No. 3 into the record.
3. M 98-02
Robinson, G.
Public Heating to consider the application of Mr. Gary
Robinson, on behalf of Carrows Restaurant, for a Modification
(M 98-02) to a previous Site and Architectural Approval to
allow changes to the exterior appearance of an existing
restaurant building on property located at 150 E. Hamilton
Avenue in a C-1-S (Neighborhood Commercial) Zoning
District. This project is Categorically Exempt. Planning
Commission decision final, unless appealed in writing to the
City Clerk within 10 days.
Ms. Barbara Ryan, Planner I, presented the staff report as follows:
· Advised that the applicant met with SARC this evening.
· Staff is recommending a one month continuance to the meeting of May 26, 1998.
Planning Commission Minutes of April 28, 1998 Page 16
· This delay will not hold up the applicant as they have already made the changes and have
agreed to tone the building colors down.
Chairman Lowe opened the Public Heating for Agenda Item No. 3.
Mr. Brian Harper, 450 Esther Avenue:
· Wanted to share his recent experiences with the management of Carrows.
· When new parking lot lighting was installed recently the effect was much brighter than the
previous lighting impacting adjacent properties including his own.
· Said that standing in his yard at midnight seemed as if he were at center field at Candlestick
during a night game. Said that he could almost read in his bedroom without any other lights.
· Said that he spoke first with restaurant manager, Jason, who informed him that he neither
could nor would do anything.
· Advised that he next spoke with Jason's supervisor, as well as trying to reach Alla Grace, the
District Manager. Said that he was never successful in heating back from Mr. Grace despite
several attempts. Next he spoke with Bob Wilse, Mr. Grace's supervisor, who promised that
shields would be installed. When the shields did not get installed, called again and was given
the name of Debbie Peterson to call. That night light shields were installed on one of the
offending lights which did alleviate a lot of the glare.
· Checked with the City and found that the proper permits had been pulled but that a Planning
Condition had been imposed that required no off-premise glare. Planner Barbara Ryan
advised that other complaints had been received and she was working with Carrows and their
lighting contractor to correct the situation.
· Now all of the shields are in place. The lighting is still excessive but through the arrival of
spring, new leaves on the surrounding trees has helped to block the lighting. Until fall, he
does not believe he will have to call either Jason, Mr. Grace, Mr. Wilse, Ms. Peterson or Ms.
Ryan again until October.
Suggested that the Commission consider the lack of cooperation Carrows has demonstrated
with its neighbors when determining how much cooperation the City and community should
grant Carrows.
Chairman Lowe told Mr. Harper that his presentation has been the "bright spot" of the evening.
Mr. Steve Piasecki suggested that this matter be addressed in one month.
Commissioner Gibbons asked if the Commission reviewed the lighting installation.
Mr. Steve Piasecki advised that this was simply a building permit process.
Motion:
Upon motion of Commissioner Kearns, seconded by Commissioner
Lindstrom, the Planning Commission unanimously agreed to continue
consideration of M 98-02 for one month to the meeting of May 26, 1998. (7-0)
Planning Commission Minutes of April 28, 1998 Page 17
Chairman Lowe read Agenda Item No. 4 into the record.
M 98-01
Baldwin, J.
Public Hearing to consider the application of Mr. James
Baldwin for approval of a Modification (M 98-01) to a previous
Site and Architectural Approval to allow a second floor
mezzanine within a building on property located at 335
McGlincey Lane in an M~I-S (Light Industrial) Zoning
District. This project is Categorically Exempt. Planning
Commission decision final, unless appealed in writing to the
City Clerk within 10 days.
Ms. Gloria Sciara, Planner II, presented the staff report as follows:
· Advised that improvements have been made and a mezzanine constructed without benefit of
permits.
· The applicant is seeking approval of as-built construction.
· Staff has determined that there is sufficient parking but that the landscaping is deficient.
Eight percent (8%) is required while the site has only five percent (5%) presently. The
applicant will be adding tree wells to supplement the landscaping.
· Additionally, the applicant is seeking to install two full bathrooms.
· Staff is concerned that the full bath might lead to people living on site.
The applicant will explain their reasoning for wanting the full bathrooms.
Chairman Lowe asked when this building was originally approved.
Ms. Gloria Sciara replied that the building was constructed in 1976.
Commissioner Gibbons presented
follows:
· SARC was supportive.
the Site
and Architectural Review Committee report as
Chairman Lowe opened the Public Heating for Agenda Item No. 4.
Mr. Gene Scott, Owner, 335 McGlincey:
· Advised that he built this building in 1976 for his own business but now rents the space out.
· The uses on site are automotive.
The need for showers is to allow the mechanics to quickly wash up in the event they spill
gasoline or other chemicals on themselves. The additives in gasoline are not good and
should not be allowed to be absorbed into the skin.
Planning Commission Minutes of April 28, 1998 Page 18
Reiterated that these full baths represented good safety measures and assured that no one
would be spending the night on site.
Commissioner Keams asked about an existing tub.
Mr. Gene Scott advised that the tub was currently on site but that he would be willing to change
it for a shower if it was an issue.
Commissioner Gibbons cautioned that the concern is to prevent the space from being turned into
living quarters.
Chairman Lowe closed the Public Hearing for Agenda Item No. 4.
Motion:
Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner
Lindstrom, the Planning Commission adopted Resolution No. 3161
approving a Modification (M 98-01) to a previous Site and Architectural
Approval to allow a second floor mezzanine within a building on property
located at 335 McGlincey Lane, by the following roll call vote:
AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
NOES: None
ABSENT: None
ABSTAIN: None
Chairman Lowe read Agenda Item No. 5 into the record.
5.. S 98-03
Onzo, F.
Public Heating to consider the application of Mr. Frank Onzo
for a Site and Architectural Approval (S 98-03) to allow an
existing two-story historic house to be moved from an adjacent
parcel onto this site and construction of a new garage on
property located at 310 Redding Road in an R-M-S (Multiple
Family Residential) Zoning District. This project is
Categorically Exempt. Planning Commission decision final,
unless appealed in writing to the City Clerk within 10 days.
Ms. Barbara Schoetz Ryan, Planner I, presented the staff report as follows:
· Advised that the applicant is seeking approval to move onto the site an existing two-story
historic house from the adjacent property which is located in San Jose.
· Currently on site is one single family residence in which the applicant lives.
· The property is surrounded on three sides with single family residences. The property to the
rear of this site is located in San Jose and a hotel has been approved for this site.
Planning Commission Minutes of April 28, 1998 Page 19
The subject property is zoned for higher density residential and would allow 11 units to be
built. The applicant is seeking to develop the property with a total of four single-family
units.
· Planning Commission approval is required to move this structure onto the property.
· The two future homes will be approved at staff level.
· The proposal meets all of the requirements for the R-M-S Zoning.
· In the future, the applicant can request rezoning to PD to allow the property to be subdivided
into four single-family parcels.
· The applicant will rent out this proposed structure.
· Staff recommends approval.
· This project is exempt from CEQA review.
Chairman Lowe asked if there was any historic significant to this structure.
Ms. Barbara Ryan replied that the significance is simply the aesthetics of the architecture.
Nothing particularly newsworthy occurred in this structure.
Chairman Lowe asked if special circumstances are required.
Ms. Barbara Ryan answered no. The applicant plans to preserve the architecture and wants to
bring it back into condition.
Commissioner Jones presented the Site and Architectural Review report as follows:
· SARC met on April 14th and was in favor of this project.
· SARC had concerns about some of the originally proposed setbacks but the applicant
resubmitted plans and SARC is supportive of the changes made.
Chairman Lowe opened the Public Hearing for Agenda Item No. 5.
Mr. Gary Gilmore, Applicant's Representative:
· Advised that he is appearing on behalf of his
friend, Frank Onzo, who is the project
applicant.
· Stated that Frank Onzo has pride in ownership.
· Advised that a booklet has been prepared as to why this house was declared historical. The
reason, there are only a few like this one left. It was awarded a Certificate of Merit. San Jose
would like to see the structure saved.
· Assured the Commission that Mr. Onzo will make it beautiful once again.
· Promised that in deference to the Commission's appreciation of eucalyptus trees they would
be willing to plant only eucalyptus trees on site and joked that they will buy that special ruler
mentioned earlier in the evening's agenda to measure tree diameters.
· Promised that Mr. Onzo is concerned about quality and is prepared to meet all codes.
Planning Commission Minutes of April 28, 1998 Page 20
· Reminded that Mr. Onzo could develop his land with up to 11 units but he is more interested
in quality than quantity and has decided to limit to four units.
· Asked the Commission to vote favorably on this project.
Commissioner Lindstrom said the condition would be that no eucalyptus trees be planted.
Mr. Gary Gilmore promised no eucalyptus trees.
Chairman Lowe closed the Public Hearing for Agenda Item No. 5.
Motion:
Upon motion of Commissioner Lindstrom, seconded by Commissioner
Meyer-Kennedy, the Planning Commission adopted Resolution No. 3162
approving a Site and Architectural Approval (S 98-03) to allow an existing
two-story historic house to be moved from an adjacent parcel onto this site
and construction of a new garage on property located at 310 Redding Road,
without the addition of any eucalyptus trees, by the following roll call vote:
AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-
Kennedy
NOES: None
ABSENT: None
ABSTAIN: None
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Mr. Steve Piasecki, Community Development Director, was accepted as
presented.
ADJOURNMENT
The Planning Commission meeting adjourned at 10:13 p.m. to the Planning Commission
meeting of May 12, 1998, in the Council Chambers, City Hall, 70 North First Street, Campbell,
California. ~__~~yrt'~
SUBMITTED BY:
APPROVED BY:
ATTEST:
Corinne A. Shinn, Rec~ecretary
~we, Chair
Steve Piasecki, kecretary