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PC Min 03/25/1997CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MARCH 25, 1997 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of March 25, 1997, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairwoman Keams, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Commissioner: Commissioner: Commissioner: Commissioner: Susan A. Keams I. Alne Elizabeth Gibbons Brad Jones Mel Lindstrom Commissioners Absent: Vice Chair: Commissioner: Dennis Lowe Jane Meyer-Kennedy StaffPresent: Community Development Director: Senior Planner: Planner I: Planner I: City Attorney: City Engineer: Reporting Secretary: Steve Piasecki Darryl M. Jones Gloria Sciara Aki Irani William Seligrnann Michelle Quinney Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Gibbons, seconded by Commissioner Jones, the Planning Commission minutes of March 11, 1997, were approved (5- 0-2; Commissioners Lowe and Meyer-Kennedy were absent). COMMUNICATIONS: 1. Findings for Denial for Agenda Item No. 1. 2. Page 2 of the Conditions of Approval for Agenda Item No. 1. 3. Letter from Rick Utermoehlen re Agenda Item No. 1. Planning Commission Minutes of March 25, 1997 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS Community Development Director Steve Piasecki recommended that the two items be heard in reverse order as Item No. 2 is less complex than Item No. 1. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairwoman Keams read Agenda Item No. 2 into the record. M 97-05 (UP 93-06) Matsumoto, K. Public Hearing to consider the application of Kazuyo Matsumoto for approval of a Modification (M 97-06) to a previously-approved Conditional Use Permit to allow extended hours of operation in conjunction with a restaurant use (Sushi Boat Kazoo) on property located at 10 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. Aki Irani, Planner I, presented the staff report as follows: · Applicant is seeking approval of a Modification to a previously-approved Use Permit to allow extended hours of operation for a new restaurant, Sushi Boat Kazoo. · Current hours of operation for this site are Monday through Saturday from 6:30 a.m. to 10 p.m. and from 6:30 a.m. to 5 p.m. on Sunday. · Requested hours are from 6:30 a.m. to 10 p.m., seven days a week. · The site has approval for on-sale beer and wine. Applicant wishes to extend the approved hours for the sale of beer and wine to match the extended operational hours. · The site is at the Gateway Shopping Center at the comer of Winchester and Hamilton Avenues and is surrounded by commercial uses. · The use is consistent with both the General Plan and Zoning designations for the site. · Police reviewed this request and had no concems nor added any conditions of approval. They do not believe the use will result in any increased demand on their services. · Staff recommends approval of this application. Commissioner Lindstrom clarified that the extension is only on Sundays, increasing from 5 p.m. closing to 10 p.m. Commissioner Gibbons asked if notice was sent to surrounding property owners. Ms. Aki Irani replied that the standard 300 foot notice was sent. Commissioner Gibbons asked if any comments resulted. Planning Commission Minutes of March 25, 1997 Page 3 Ms. Aki Irani replied that the notice did not generate any comments from surrounding property owners. Chairwoman Keams opened the Public Hearing for Agenda Item No. 2. Chairwoman Keams closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3080 approving a Modification 0VI 97-06) to a previously-approved Conditional Use Permit to allow extended hours of operation (to 10 p.m. on Sunday) and extended hours for on-sale beer and wine service in conjunction with a new restaurant, Sushi Boat Kazoo, on property located at 10 E. Hamilton Avenue, by the following roll call vote: AYES: Alne, Gibbons, Jones, Kearns, Lindstrom NOES: None ABSENT: Lowe, Meyer-Kennedy ABSTAIN: None This decision is final unless appealed in writing to the City Clerk within 10 days. Chairwoman Keams read Agenda Item No. 1 into the record. 1. PM 97-01 Hagshenas, A. Public Hearing to consider the application of Mr. Abbas Hagshenas for approval of a Tentative Parcel Map (PM 97-01) to allow the creation of three single-family lots consisting of two (2) flag lots and one (1) standard lot on property located at 667 El Patio Drive in an R-l-6 (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 I, presented the staff report as follows: Applicant is seeking to subdivide a 30,000 square foot parcel into three residential lots, one standard lot and two flag lots. · Currently there is one single-family residence on this lot. · Additionally there is a 60 foot easement on this property which serves as one of two entrances to the townhouse development to the north of this site. · Surrounding uses include the townhouse development to the north and single-family residential to the south, east and west. Planning Commission Minutes of March 25, 1997 Page 4 · Access to the site is from E1 Patio Drive. Two flag lots will be accessed from the easement. No additional roadway will be built but one lane of parking will be added to the west side of the street which is currently a no parking zone with red curb. This will add six parking spaces. · All rights to the easement are retained by the townhouse development. The options of public versus private street were investigated. · Staff finds that the improvements on the easement are in good shape. It is not necessary to convert the easement (private street) into a public street. Installing a new public street is not necessary as the existing street can accommodate two additional single-family homes. · SARC questioned this finding. Also questioned the need for available parking for these new single-family homes versus the townhouse development. · SARC was also questioning the effects of this development if the parcel to the east should be subdivided and developed. · The site has 150 feet in width. The easement represents 60 feet of that width. Commissioner Keams asked about driveways for this project. Ms. Gloria Sciara advised: · That one driveway is already in place directly off of E1 Patio. A second driveway is already in place off of the easement. The third driveway would be added off of the easement. · There are three options for the Commission: 1. Approve the application per staff's recommendation; or 2. Approve the application but require the conversion of the private street into a public street; or 3. Approve the parcel map and require that a irrevocable offer of dedication be accepted. Commissioner Gibbons asked if the easement allows access to additional parcels or only to the townhouse development. Ms. Gloria Sciara replied that the townhouse development has access as do the owners of this parcel as they actually own the land on which the easement is located. There is already one driveway accessed through the easement onto this property at 667 E1 Patio. Commissioner Alne presented the Site and Architectural Review Committee report: · SARC believes that this private street is an ideal candidate to become a public street. · Fifty seven (57) townhouses use the easement already. · SARC found the reaction to the suggestion of making the street public surprising. · The applicant, townhouse association and City of Campbell did not want the street to become public. · The easement was established 20 years ago when the newly developed townhouses needed two means of entrance to the site. Planning Commission Minutes of March 25, 1997 Page 5 · The City is not interested in assuming this street as it currently is not responsible for any maintenance of the street. The townhouse development maintains the private road. · The applicant does not want to install the public street as it is too expensive. · If the public street is installed, this lot is not large enough to accommodate three homes. · Questioned who would be responsible for the private street after the 30 year agreement ends. · SARC recommends that this become a public street. · SARC does not recommend approval. Chairwoman Keams opened the Public Hearing for Agenda Item No. 1. Mr. Rick Utermoehlen, 616 E1 Patio Drive: · Called E1 Patio Drive a "precious little jewel" within the City of Campbell with houses that were built in the 1930's. · Expressed concern for the preservation of the character and feel of this neighborhood. · Asked if the neighborhood could be designated a historic district. Commissioner Alne mentioned that them are several new and large homes in the vicinity. Mr. Rick Utermoehlen admitted that a flag lot next to his home is being developed with two two-story homes currently. Commissioner Lindstrom asked Mr. Utermoehlen how long he has resided in the area. Mr. Utermoehlen stated that he purchased his home one year ago. Commissioner Lindstrom stated that he too found this area to be very nice. Advised that when an area is designated as historic, homeowners find themselves with limits to make any changes to their homes. He is concerned about keeping the flavor of the area but also in giving flexibility to the property owners to be able to add to many of the smaller homes with only 900 square feet or so of living space. Commissioner Gibbons advised Mr. Utermoehlen that the City has an Historic Preservation Board which has already designated two neighborhoods in Campbell as historic. Mr. Abbas Hagshenas, Applicant and owner of 667 E1 Patio: · Advised Mr. Utermoehlen that he too loves the architecture of the front structure and has every intention of retaining that architecture while adding a third bedroom, bath and garage. This structure will remain one-story. Planning Commission Minutes of March 25, 1997 Page 6 · The private street is a functional, good street. There is no need to change it. The Homeowners Association prefers to continue to maintain it as a private street. They have a good maintenance record. A member of the Board is available this evening. This street is fully improved. If it is transferred into a public street, a 20 foot wide landscaping strip will have to be demolished. · It would cost $100,000 to demolish this functional street and replace it with a $200,000 new street. · Offered to show a video of the area and did so. · Advised that he would be adding six more stalls on the left hand side of this street which currently has a red curb. · There have been no problems with this street over the last 20 years. The street is in good condition and is maintained properly. · Advised that the street was built with 12 inches of base rock and 2 ½ inches of asphalt. Commissioner Gibbons asked if any trees would be removed where this new parking would be installed. Mr. Abbas Hagshenas answered that two trees would be relocated. A fence would be removed and more landscaping would be visible. Chairwoman Keams asked if parking would be available on the west side of the street and who would maintain the street. Mr. Abbas Hagshenas stated that the Homeowners Association supports his project. They will continue to maintain the street. The two additional users will have no restrictions as to the use of the easement. He will contribute up front fimds for future maintenance of the street to the Homeowners Association. Commissioner Alne asked what happens after 30 years. Mr. Abbas Hagshenas stated that there is no 30 year deadline. The maintenance is indefinite. They will maintain the street as they are maintaining it now. Commissioner Alne asked who could park in the six new spaces. Mr. Abbas Hagshenas replied that the new homeowners, owners of the townhomes and their respective guests could make use of these parking spaces. Commissioner Alne asked who maintains E1 Patio Court. Mr. Abbas Hagshenas replied that this is a public street which the City maintains. Planning Commission Minutes of March 25, 1997 Page 7 Commissioner Alne asked about whether this street would be ripped up like others in the area by San Jose Water for the replacement of pipes. Mr. Abbas Hagshenas answered that he has spoken with San Jose Water and this private street does not need to be dug up. Ms. Greganne Hen'in, Realtor: · Advised that this private street was intended as a fire lane. on this private street is used. It is a beautiful street. · Stated that she would hate to see this street ripped out. · These new homes will only serve to benefit the area. The parking already provided Mr. Bob Hill, resident of 667 E1 Patio: · Advised that the traffic on this private street is minimal. There is no noise associated with this street. It is a nice quiet area and two new houses will not increase the demand on this street. If the owner of the property to the east should desire to develop their property, they will have to work out how to accomplish that development at that time. This private street is regularly maintained. Commissioner Alne asked whether all traffic for the townhouses utilizes this private street. Mr. Bob Hill replied that traffic to the complex uses one of two entrances, one being the private drive. All traffic accessing the complex does pass his house one way or another. He has no complaints. This is a very quiet area. Advised that he works from his home. There is no negative impact by traffic even from noise from the freeway nearby. Commission Brad Jones asked Mr. Hill his relationship with the applicant. Mr. Bob Hill answered that he has become a friend of the applicant since this project began. He was not asked by the applicant to come to this meeting but rather came as a result of the public hearing notice he received. Mr. John Sharmer, Member of the Board, Pmneyard Villas Homeowners Association: · Asked if the City has the right to condemn private property in order to install a street to serve the development of three or four homes on another piece of property? · Stated that he does not understand the argument over public versus private street status. The addition of three to six more cars to the area will not impact the street. · The Homeowners Association sees this project as a benefit to everyone's interests. Two two-story homes in the $200,000 range will help to improve property values in the area. · Advised that their CC&R's call out for the maintenance of the private street. The Board prefers to see this street remain private. Planning Commission Minutes of March 25, 1997 Page 8 · There is no improvement in turning this street into a public street. · Asked that Mr. Hagshenas be allowed to develop this project. Commissioner Alne asked why the easement was required 20 years ago. Mr. John Sharmer advised that two routes into the complex were needed. Commissioner Alne asked if this private street (easement) was intended simply as fire access. Mr. John Sharmer answered that he was not sure but that the access is not specific just to fire. Commissioner Alne asked who could use the new parking. Mr. John Sharmer replied that the new home owners as well as the owners of the townhouses and their guests. Commissioner Alne asked if the restricted parking signs would remain. Mr. John Sharmer replied that the signs would remain as this street is still private. Guest parking is allowed. There is no intention to restrict guests from parking on the private street. Commissioner Gibbons advised that the Commission is obligated to consider future development of surrounding parcels when making decisions such as the decision about public versus private streets. Commisioner Alne asked staff to restate its recommendation. Ms. Gloria Sciara again said that there are three options for the Commission: 1. Approve the application per staff's recommendation; or 2. Approve the application but require the conversion of the private street into a public street; or 3. Approve the parcel map and require that a irrevocable dedication be implemented. Commissioner Gibbons stated that flexibility was needed in consideration of future development of the public street. Commissioner Alne again stated that with a public street, the site is too small to accommodate three residences. Mr. Steve Piasecki, Community Development Director, suggested that a condition of approval can be added to require that if the property to the east of this site is developed, access to the easement must be worked out. Suggested that the application be continued to allow this applicant to meet with the owners of the property to the east. Planning Commission Minutes of March 25, 1997 Page 9 Chairwoman Keams stated that as the City has limited funds to maintain its streets and this street has received regular maintenance as a private street, the street should remain private. Commissioner Alne disagreed and stated that the City has the obligation to provide public streets. He stated that the cost per new residence to install the new public street is only $40,000. This is not excessive. The City is not too poor to maintain its streets. Commissioner Gibbons asked that when this issue comes back to the Commission that the report should include a depiction of what the public street would look like. Mr. Abbas Hagshenas, Applicant, asked the Commission to simply vote on his project. He advised that the neighbor to the east would not be able to subdivide because that property does not have sufficient frontage. The easement does not represent frontage for this property. Commissioner Lindstrom stated that there is not enough information to make a decision. Mr. Abbas Hagshenas stated that he can answer any questions the Commission may have. The site and area plans are available. Mr. Steve Piasecki suggested that if the Commission continues this item, it be continued for two weeks, to the meeting of April 8, 1997. Mr. Abbas Hagshenas added that this is the season to build a project. Commissioner Jones asked if the flag lots could be built if there was no easement in place. Ms. Gloria Sciara advised that the two flag lots could be built but since there are two flags rather than just one, it would still have to come before the Planning Commission. Mr. John Hill stated that he found Commissioner Alne to be rather cavalier with other people's money. Advised that he didn't have $40,000 in his back pocket at the moment. Asked why the Commission would consider creating an undue burden when no improvement is achieved? Motion: Upon motion of Commissioner Lindstrom seconded by Commissioner Alne, the Planning Commission continued this application for a Tentative Parcel Map to allow the creation of three single-family lots consisting of two (2) flag lots and one (1) standard lot on property located at 667 El Patio Drive, to the Planning Commission meeting of April 8, 1997, with the request that all options be outlined in the staff report, by the following roll call vote: AYES: Alne, Gibbons, Jones, Kearns, Lindstrom, NOES: None ASENT: Lowe, Meyer-Kennedy Planning Commission Minutes of March 25, 1997 Page 10 ABSTAIN: None REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following additions: · The Commission had discussed the reassignment of seats and this was discussed and finalized this evening. · Advised that the Council and Planning Commission meetings may be cablecast starting in FY 97/98. · SARC will meet on Thursday, March 2Th, at 4 p.m. · Darryl Jones made the announcement that he has resigned to accept the position of Zoning Administrator with the City of Mountain View. His last day will be April 11th. He told the Commissioners that it has been a pleasure working with them. · Both Steve and Darryl will be absent from the April 8th Planning Commission meeting as they will be attending the American Planning Association Conference in San Diego. Commissioner Gibbons asked when the project for the Winchester Drive In Site will come before the Planning Commission. Mr. Darryl M. Jones, Senior Planner, advised that this item is scheduled for April 22"d. ADJOURNMENT The Planning Commission meeting adjourned at 9:12 p.m. to the next Planning Commission meeting of April 8, 1997, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: APPROVED BY: ATTEST: Corinne A. Shinn, Recording Secretary Steve Piasecki, Secretary