Loading...
PC Min 10/13/1998CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 13, 1998 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 13, 1998, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair Jones, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Brad Jones Tom Francois Elizabeth Gibbons Susan A. Kearns Mel Lindstrom Jane Meyer-Kennedy Commissioners Absent: Chair: Dennis Lowe Staff Present: Community Development Director: Senior Planner: Planner II: Planner I: Planner I: City Attorney: Reporting Secretary: Steve Piasecki Sharon Fierro Gloria Sciara Aki Irani Barbara Ryan William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Gibbons, the Planning Commission minutes of September 22, 1998, were approved. (6-0 -1; Chairman Lowe was absent.) Planning Commission Minutes of October 13, 1998 Page 2 COMMUNICATIONS. 1. Letter and Modified Conditions for Agenda Item No. 4. 2. Letter regarding Agenda Item No. 8. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Acting Chair Jones read Agenda Item No. 1 into the record. 1. GP98-02/ ZC 98-03 Public Hearing to consider the following amendments to the General Plan Land Use Map and Zoning: Ae An application of Ms. Angela Zambetti for a General Plan Amendment to the Land Use Element from Public, Semi-Public to a mixed-use designation of Low-Medium Density Residential and a Zone Change from PF (Public Facilities) to PD (Planned Development) for property located at 90 E. Latimer Avenue. Be An application of Dr. Dennis Wong for a General Plan Amendment to the Land Use Element from High Density Residential to Professional Office and a Zone Change from R-3 (Multiple Family Residential) to PO (Professional Offices) for property located at 14419 S. Bascom Avenue. A City-initiated amendment to the Land Use Map of the General Plan from Commercial designation to Low-Density Residential designation for properties located at 1200, 1210, 1224 & 1240 Abbott Avenue. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: November 2, 1998. Ms. Sharon Fierro, Senior Planner, presented the staff report as follows: · Advised the Commission that the property owner for 90 E. Latimer Avenue, Ms. Angela Zambetti, has provided a letter requesting that her property be withdrawn from this application. She has secured a tenant for her property. Planning Commission Minutes of October 13, 1998 Page 3 · Location 2 is 14419 S. Bascom Avenue, located close to Highway 85. This property is currently zoned for Multiple Family Residential use. However, the site is small, only a quarter of an acre and is currently developed with a single-family residence. The applicant is interested in demolishing the structure and constructing a dental office for his practice. The surrounding uses are office and an office land use designation is compatible. Staff supports this General Plan and Zoning change. · Location 3 is four single-family residences located on Abbott Avenue. The General Plan and Zoning designations for these properties are inconsistent. State law requires consistency. The current General Plan designation is Commercial while the Zoning is R-l-9 (Single Family Residential). The current land use is residential. Staff does not believe that the site would support viable commercial development. Commissioner Keams advised that she lives on Abbott, within 300 feet of the subject properties on Abbott and will need to abstain from the discussion and vote on that item. City Attorney Seligmann advised the Commission to discuss the locations separately so that Commissioner Kearns can vote on the Bascom location and abstain from the vote on the Abbott locations. Acting Chair Jones opened the Public Hearing for Agenda Item No. 1. Acting Chair Jones closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Meyer- Kennedy, the Planning Commission accepted the withdrawal of consideration for a General Plan Amendment and Zone Change for property located at 90 E. Latimer Avenue at the written request of the applicant, Ms. Angela Zambetti, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy NOES: None ABSENT: Lowe ABSTAIN: None Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3185 recommending that Council adopt a Negative Declaration and approve an amendment to the Campbell General Plan Land Use Map from High-Density Residential to Professional Office and Zoning Map from R-3 (Multiple Family Residential) to PO (Professional Offices) for property located at 14419 S. Bascom Avenue, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy NOES: None ABSENT: Lowe ABSTAIN: None Planning Commission Minutes of October 13, 1998 Page 4 Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3186 recommending that Council adopt a Negative Declaration and approve an amendment to the Campbell General Plan Land Use Map from Commercial to Low-Medium Density Residential for property located at 1200, 1210, 1224 & 1240 Abbott Avenue, by the following roll call vote: AYES: Francois, Gibbons, Jones, Lindstrom, Meyer-Kennedy NOES: None ABSENT: Lowe ABSTAIN: Kearns Acting Chair Jones advised that this item will go before Council at its November 2, 1998, meeting. Acting Chair Jones read Agenda Item No. 2 into the record. M 98-12 St. Lucy's Public Hearing to consider the application of St. Lucy's Parish for a Modification (M 98-12) to a previously-approved Conditional Use Permit (UP 78-09) for St. Lucy's Parish to allow the addition of a 4,575 square foot activity center and a 780 square foot office addition on property located at 2350 S. Winchester Boulevard in a PF (Public Facilities) Zoning District. A Negative Declaration has been prepared for this project. Planning Commission decision final unless appealed in writing to the City Clerk within 10 days. Ms. Aki Irani, Planner I, presented the staff report as follows: · Applicant is seeking modification to a Use Permit to allow the construction of a new activity building and additional office space. · The project site is located at 2350 S. Winchester, south of Kennedy and west of Industrial. · Surrounding uses include industrial, auto repair and commercial uses. · The new activity building would face the rear parking lot and is designed to match the existing buildings on site. · A condition of approval will require a lot line adjustment as the new construction will cross over two different parcels. · Staff is in support of this project and recommends approval of the project as well as approval of a Negative Declaration. Commissioner Gibbons presented the Site and Architectural Review Committee report as follows: Planning Commission Minutes of October 13, 1998 Page 5 · SARC reviewed this project on September 22, 1998, and was supportive as well as being pleased about the landscaping to be installed along Winchester. Acting Chair Jones opened the Public Heating for Agenda Item No. 2. Acting Chair Jones closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3187 approving the granting of a Negative Declaration and a Modification to a previously- approved Conditional Use Permit (UP 78-09) for St. Lucy's Parish to allow the addition of a 4,575 square foot activity center and a 780 square foot office addition on property located at 2350 S. Winchester Boulevard, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy NOES: None ABSENT: Lowe ABSTAIN: None Acting Chair Jones advised that this decision is final unless appealed in writing within 10 days to the City Clerk. Acting Chair Jones read Agenda Item No. 3 into the record. PD 98-06 Long, H. Public Heating to consider the application of Mr. Harold Long for a Planned Development Permit (PD 98-06) to allow the construction of a two-story, 8,741 square foot office development on property located at 891 W. Hamilton Avenue in a PD (Planned Development) Zoning District. A Negative Declaration has been prepared for this project. Tentative City Council Meeting Date: November 2, 1998. Ms. Aki Irani, Planner I, presented the staff report as follows: · Applicant is seeking approval of a Planned Development Permit to allow the development of a two-story office building. · The project site is located on the northeast comer of Hamilton at Marathon. · Surrounding uses include apartments, a service station, a restaurant and commercial uses. · The proposal is consistent with the General Plan and Zoning of the site. · There are no environmental impacts. · The proposal is for a 8,741 square foot office building with two driveways off of Marathon Drive. Planning Commission Minutes of October 13, 1998 Page 6 · The building proposed is a modem style office building which includes two large concrete tower elements. · Staff is supportive of the project but has concerns about the unenhanced rear and east elevations. To counter that concem, staff is recommending the use of additional landscaping. · Additionally, the applicant is seeking a Tree Removal Permit to remove six trees trees, a mature walnut and five pines. · Staff is supportive of the applicant's request for less parking and smaller stalls. They will provide 34 spaces while 39 are required. The standard parking stall is 9 x 20 while the applicant is proposing stalls which are 9 x 18. Commissioner Gibbons presented the Site and Architectural Review Committee report as follows: · SARC extensively reviewed this project and had concerns regarding parking. SARC is supportive of the reduction in parking stall size and number of stalls. · SARC seeks a condition that prevents the parking of construction vehicles and/or equipment on site. Acting Chair Jones opened the Public Heating for Agenda Item No. 3. Acting Chair Jones closed the Public Hearing for Agenda Item No. 3. Commissioner Keams sought clarification about the installation of landscaping at the property line and about the need for an easement. Ms. Aki Irani advised that trees are recommended by staff and tall shrubs by SARC. She added that there is an existing 20 foot easement and the applicant must show proof that they will be allowed to install landscaping there. This easement must be kept open. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Lindstrom, the Planning Commission adopted Resolution No. 3188 recommending the granting of a Negative Declaration and recommending the approval of a Planned Development Permit (PD 98-06) to allow the construction of a two-story, 8,741 square foot office development unit on property located at 891 W. Hamilton Avenue, by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy NOES: None ABSENT: Lowe ABSTAIN: None Acting Chair Jones advised that this project will be considered by Council at its meeting of November 2, 1998. Planning Commission Minutes of October 13, 1998 Page 7 Acting Chair Jones read Agenda Item No. 4 into the record. 4. UP 98-06 Hansell, R. Public Hearing to consider the application of Mr. Rod Hansell for approval of a Conditional Use Permit (UP 98-06) to allow the construction of an additional living unit on property located at 1405 Harriet Court in an R-l-9 (Single 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. Gloria Sciara, Planner II, presented the staff report as follows: · The applicant is seeking approval for a 620 square foot secondary living unit which will be attached to the existing dwelling. · This property was merged with a parcel on Van Dusen Lane and has frontage on both streets. · The secondary living unit will be constructed of stucco. · Staff is supportive of the proposal which is consistent with the General Plan and Zoning designations for the site with the exception of the setback for the carport. Commissioner Francois presented the Site and Architectural Review Committee report as follows: · SARC met on September 27th and approved the design and location with the five foot move of the carport and a deed restriction requiring the property to be used as a single-family property with one additional living unit. Acting Chair Jones opened the Public Hearing for Agenda Item No. 4. Acting Chair Jones closed the Public Hearing for Agenda Item No. 4. Commissioner Gibbons stressed the importance of the deed restriction. Commissioner Kearns asked if it is natural to have entrances on two street frontages. Ms. Gloria Sciara answered that having two entrances is immaterial. The secondary unit is an independent unit. Commissioner Kearns sought clarification that the main dwelling is on Harriet. Ms. Gloria Sciara replied that was correct. Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3189 approving a Conditional Use Permit (UP 98-06) to allow the construction of an additional living unit on property located at 1405 Harriet Court by the following roll call vote: Planning Commission Minutes of October 13, 1998 Page 8 AYE S: NOES: ABSENT: ABSTAIN: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy None Lowe None Acting Chair Jones read Agenda Item No. 5 into the record. 5. UP 97-16 Nextel Public Hearing to consider the application of Mr. Joe Wyman, on behalf of Nextel Communications, for approval of a Conditional Use Permit (LIP 97-16) to allow the placement of roof-mounted cellular antennas on property located at 187 E. Sunnyoaks Avenue in an M-1-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. Note: This item was approved by the Planning Commission on January 27, 1998, and was subsequently appealed to Council. Council instructed the applicant to resubmit their application to the Planning Commission for further review. Ms. Barbara Schoetz Ryan, Planner I, presented the staff report as follows: · This project was previously approved by the Planning Commission but that approval was appealed to Council. Council referred it back to the Planning Commission asking the applicant to demonstrate that their proposal was the best installation option. · The applicant considered other three other sites. · The proposed site at 187 E. Sunnyoaks is located south of the San Tomas Expressway Overpass, east of Winchester and Dell. The site is developed with a storage facility and caretaker's unit. · The applicant is proposing to group their 12 antennas above the stair structure, the only place that can accommodate the required screening. · The proposal is consistent with the Zoning and General Plan designation for the site and is exempt from environmental review. · Staff recommends approval of the revised design. Commissioner Francois presented the Site and Architectural Review Committee report as follows: · SARC is supportive as long as the panels used for screening give the same appearance as the metal roof and are integrated with the building. Acting Chair Jones opened the Public Hearing for Agenda Item No. 5. Acting Chair Jones closed the Public Heating for Agenda Item No. 5. Planning Commission Minutes of October 13, 1998 Page 9 Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3190 approving a Conditional Use Permit (UP 97-16) to allow the placement of roof-mounted antennas on property located at 187 E. Sunnyoaks Avenue by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy None Lowe None Acting Chair Jones advised that this approval is final unless appealed in writing to the City Clerk within 10 days. Acting Chair Jones read Agenda Item No. 6 into the record. 6. M 98-13 Morado Public Hearing to consider the application of Henry and Ofelia Morado for approval of a Modification (M 98-13) to a previously-approved Conditional Use Permit (LIP 92-05) to allow a general on-sale liquor license in conjunction with an existing restaurant (Jalisco) on property located at 525 E. Campbell Avenue in a PD (Planned Development) 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: · The applicant is seeking approval of a Modification to a Conditional Use Permit to allow a general on-sale liquor license for an existing restaurant, Jalisco, which previously had a beer and wine license. · The Zoning requires a Use Permit. · Police reviewed the proposal and had no objections. · There are no other tenants in the Lloyd Square Shopping Center with liquor sales so this approval will not cause a concentration in the area. · The proposal is consistent and exempt from CEQA review. Commissioner Meyer-Kennedy advised that since her office is nearby, she will abstain from this item. Acting Chair Jones opened the Public Hearing for Agenda Item No. 6. Acting Chair Jones closed the Public Hearing for Agenda Item No. 6. Planning Commission Minutes of October 13, 1998 Page 10 Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3191 approving a Modification (M 98-13) to a previously-approved Conditional Use Permit (UP 92-05) to allow a general on-sale liquor license in conjunction with an existing restaurant (Jalisco) on property located at 525 E. Campbell Avenue by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom NOES: None ABSENT: Lowe ABSTAIN: Meyer-Kennedy Acting Chair Jones advised that this approval is final unless appealed in writing to the City Clerk within 10 days. Acting Chair Jones read Agenda Item No. 7 into the record. 7. UP 98-07 Sharma/Rai Public Hearing to consider the application of Usha Sharma and Kashmir Rai for approval of a Conditional Use Permit (UP 98- 07) to allow the establishment of a specialty food market on property located at 2006 $. Winchester Boulevard 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. Ms. Gloria Sciara, Planner II, presented the staff report as follows: The applicants are seeking approval of a Use Permit to allow a specialty food market in a 980 square foot retail space in an existing commercial center at the southeast comer of Winchester and E. Campbell Avenue. · The zoning is C-1-S which allows such a use with the issuance of a Conditional Use Permit. · The market will include Indian videos and music and dry goods and food products. No liquor sales are proposed. · Hours of operation will be 10:30 a.m. to 8:30 p.m., seven days per week. · Other uses in the center include a donut shop, sandwich shop, Chinese restaurant and dry cleaners. · Staff finds the shared parking to be sufficient to support this use. Acting Chair Jones opened the Public Hearing for Agenda Item No. 7. Acting Chair Jones closed the Public Hearing for Agenda Item No. 7. Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Francois, the Planning Commission adopted Resolution No. 3192 approving a Conditional Use Permit (UP 98-07) to allow the establishment of a specialty Planning Commission Minutes of October 13, 1998 Page 11 food market on property located at 2006 S. Winchester Boulevard by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy NOES: None ABSENT: Lowe ABSTAIN: None Acting Chair Jones advised that this approval is final unless appealed in writing to the City Clerk within 10 days. Acting Chair Jones read Agenda Item No. 8 into the record. E 98-05 Loop, D. Heating to consider the application of Mr. David Loop for approval of a Fence Exception (E 98-05) for property located at 1415 Ridgeley Drive in an R-l-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing with 10 days to the City Clerk. Ms. Gloria Sciara, Planner II, presented the staff report as follows: · The applicant is seeking approval of a fence exception for a 6 foot, 6 inch high fence at the rear property line which the applicant wants for aesthetic and privacy reasons. The 11 foot segment of the fence has already been installed but the adjacent property owner to the rear objects due to aesthetic and height concerns. · The property grades for the two lots differ by 18 inches so that the fence is 7 feet, 8 inches on the rear neighbor's property and is not consistent with the remainder of her fence. · Staff is recommending a revised design with a single kick board rather than the double kickboard installation or the installation of lattice panel to enhance the transition. Other options include landscaping. Commissioner Gibbons asked if staff is recommending the retention of the existing fence with the addition of lattice. Ms. Gloria Sciara advised that the is one of two options. The reconstruction with a single kick board or the addition of trellis. Acting Chair Jones opened the Public Hearing for Agenda Item No. 8. Ms. Linda Johnson, 1428 Cronwell Drive: · Advised that she is objecting because the applicant never contacted her or had her permission to install what he installed. · There had been no problem with the existing fence as far as she was concerned. Planning Commission Minutes of October 13, 1998 Page 12 Commissioner Francois asked if Ms. Johnson had objection to the 6 foot, 6 inch fence height. Ms. Linda Johnson advised that she wanted the fence rebuilt for sturdiness. Commissioner Francois asked whether Ms. Johnson could support the installation of lattice. Ms. Linda Johnson said that she did not know. Commissioner Francois advised Ms. Johnson that her input was needed. Ms. Linda Johnson said that the height would be acceptable although she preferred the original fence height. Mr. David Loop, Applicant, 1415 Ridgeley Drive: · Advised that his goal was to get his fence the same vertical height as the rest of his fencing. · Said that he had assumed his existing fencing was up to code and that his work would not cause problems for his neighbor. · Stated that his neighbor's original complaint to him was the fact that the new portion had two kick boards. · Said that he is happy to reconstruct if necessary but that he would like to keep the height. · The fence can be rebuilt with one kick board or with the use of lattice. · Stated that he cares about his neighbor's aesthetics and wants to see her happy. Commissioner Francois stated that that seems reasonable. Ms. Linda Johnson said that as long as the City enforces the final product. It has been a problem working with Mr. Loop. Commissioner Lindstrom sought clarification that Ms. Johnson is asking the City to enforce the final approved fence. Acting Chair Jones asked Ms. Johnson if she would be happy with the single kick board and lattice. Mr. David Loop stated that it appears we are almost to the point of solving the problem. Clarified that he is offering to rebuild or add lattice although there is no lattice on either property's existing fencing. Commissioner Gibbons suggested a reasonable time frame for completion. Mr. David Loop advised that staff has suggested 30 days. Ms. Linda Johnson said that 30 days was acceptable. Planning Commission Minutes of October 13, 1998 Page 13 Commissioner Keams sought clarification as to whether longer boards or lattice would be used. Acting Chair Jones suggested that staffmediate that decision with the applicant and his neighbor. Ms. Linda Johnson asked for time to consider her options. Mr. Steve Piasecki suggested that she take until Friday, October 16th and give her decision to Gloria Sciara by that date. Acting Chair Jones closed the Public Hearing for Agenda Item No. 8. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 3193 granting a Fence Exception (E 98-05) to allow a 6 foot, 6 inch fence with the reconstruction finalized within 30 days following the final design approved by both applicant and rear neighbor (rebuilt with longer boards and one kick board or the installation of lattice) by Friday, October 16th, on property located at 1415 Ridgeley Drive by the following roll call vote: AYES: Francois, Gibbons, Jones, Kearns, Lindstrom, Meyer-Kennedy NOES: None ABSENT: Lowe ABSTAIN: None Acting Chair Jones advised that this approval is final unless appealed in writing to the City Clerk within 10 days. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following highlights: · Reminded the Commission of the annual Commissioner's Dinner on Thursday, October 22, 1998, at Lou's Village. · Distributed an Opinion Piece from the San Jose Mercury News. ADJOURNMENT The Planning Commission meeting adjourned at 8:35 p.m. to the Planning Commission meeting of October 27, 1998, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. Planning Commission Minutes of October 13, 1998 Page 14 SUBMITTED BY: APPROVED BY: ATTEST: Corinne ~. Shinn, Recordin'i'fi~cretary