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PC Min 04/08/1997CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY APRIL 8, 1997 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 8, 1997, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairwoman Kearns, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Susan A. Keams Dennis Lowe I. Alne Elizabeth Gibbons Brad Jones Commissioners Absent: Commissioner: Commissioner: Mel Lindstrom Jane Meyer-Kennedy Staff Present: Associate Planner: Planner I: Planner I: City Engineer: City Attorney: Reporting Secretary: Tim J. Haley Gloria Sciara Barbara Ryan Michelle Quinney William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Alne, seconded by Commissioner Gibbons, the Planning Commission minutes of March 25, 1997, were approved (4- 0-2-1; Commissioners Lindstrom and Meyer-Kennedy were absent and Commissioner Lowe abstained). COMMUNICATIONS: There were the following communication items: 1. Plans for Item No. 1 (Johnny Rockets) 2. Letter regarding Agenda Item No. 2. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of April 8, 1997 Page 2 ORAL REOUESTS There were no oral requests. PUBLIC HEARING Chairwoman Keams read Agenda Item No. 1 into the record. 1. M 97-05/SA 97-10 Toloui, F. Continued Public Heating to consider the application of Mr. Frank Toloui, on behalf of Johnny Rockets, for approval of a Modification (M 97-05) to a previous Site Approval and a Sign Exception (SA 97-10) on property located at 1875 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. (Continued from the March 11, 1997, Planning Commission meeting.) Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · This item was continued from the meeting of March 11, 1997. · Applicant is seeking approval to modify the site to accommodate a new restaurant, Johnny Rockets, adjacent to Barnes & Noble and Hollywood Video. · The Commission continued the item because of concerns regarding the proposed facade improvement and signing request. · Applicant has submitted a revised plan, including the introduction of awnings that match the awnings used on both Barnes & Noble and Hollywood Video. The color of the awnings will match the rust color of the Hollywood Video awnings rather than the green of Barnes & Noble. · The revised plans continue to call for white plaster facade. · Signs would be located in the archways above the awnings. · Staff finds the proposal to be similar to others at the Pruneyard but has concerns about the building color (white) and number of signs. · SARC reviewed this project for a second time and Commissioner Alne will present SARC's position on this project. · Staff recommends adoption of a Resolution approving the modifications and the granting of a sign exception to allow one wall sign and four smaller signs. Four (4) smaller signs would be in the courtyard and not visible from the public right-of-way in addition to those proposed. Commissioner Lowe clarified that these four signs read "Chili", "Shakes", "Fries" and "Pie". Planning Commission Minutes of April 8, 1997 Page 3 Commissioner Gibbons thanked staff for the new information on this project, stating that she found it helpful. She asked about the facade color being white and for more details about the awnings. Mr. Tim J. Haley advised that the applicant has introduced an awning treatment that is similar to the Barnes & Noble. The awnings hang at the same height as the eaves. Commissioner Alne presented the Site and Architectural Review Committee as follows: · SARC reviewed this project for a second time. · Upon first review, SARC had difficulty with the layout. · During the second review, the applicant agreed to delete the reveals. · SARC feels that white paint is in conflict with the Pruneyard. The other applicants who brought projects to the Pruneyard recently had to adhere to the color scheme. · Concerned that the elevations still depict white exteriors. · As a result of the continued use of white exteriors, SARC cannot recommend approval. Chairwoman Kearns opened the Public Hearing for Agenda Item No. 1. Mr. Chris Meany, Pruneyard Associates: · Stated that Johnny Rockets is an exciting, family-oriented restaurant. · Both he and the applicant, Mr. Frank Toloui, have attended a number of meetings and made a number of compromises. · Staff wants to see a transition between the height of the Barnes & Noble wall and the lower Trader Joe's elevation. · While the applicant did not want awnings, staff felt strongly that the addition of awnings was important. · The applicant does not want the whole facade to appear as the rest of the center but is willing to compromise on the completely white facade to accommodate a two-color facade. · The Pruneyard management had never intended to have a restricted color palette. Stated that he finds this contrary to their goal to bring vitality to the center. · Stated that white is not a controversial paint color and it is needed by Johnny Rockets to stay true to their design theme. Advised that Mrs. Fields and the Outback are both painted white. · Objected to the requirement to add trees and asked that this requirement be deleted. Commissioner Lowe asked whether the upper building was depicted as being white in the plans presented to SARC. Commissioner Alne stated that white is unacceptable to SARC but the applicant did not agree. Mr. Chris Meany stated that there was resolution on all differences except for the building color at SARC. There was an agreement to disagree. Planning Commission Minutes of April 8, 1997 Page 4 Mr. Frank Toloui, Applicant, explained that he has tried to compromise on the building color by offering a two-tone color scheme. However, he asked that the yellow color being suggested be toned down. Commissioner Alne asked which part of the elevation would be white according to Mr. Toloui's proposal. Mr. Frank Toloui explained the he is proposing to have the upper elevations painted the yellow color with the exception of the wall space behind the logo signs. Commissioner Alne asked if the exterior courtyard walls would be white. Mr. Frank Toloui replied that they would. These walls are accessible only to his restaurant patrons and are not visible from the public right-of-way. Commissioner Jones asked about the landscaping requirement. Mr. Tim J. Haley advised that the end island areas in the parking lot are proposed to be landscaped. Commissioner Gibbons stated that while she feels the landscaping is needed, she feels uncomfortable requiring additional landscaping with this application. Commissioner Alne stated that he shares Commissioner Gibbons view on this matter. He has reservations correcting what is most likely a City oversight at the expense of this applicant. This is unfair. Chairwoman Kearns asked about Condition No. 7 as it pertains to use of a public address system. Mr. Tim J. Haley advised that the public address system would interfere with the adjacent tenants long before it could be heard at the property line. The center has conditions in their lease agreement that handle issues of noise between tenants in the center. Mr. Chris Meany stated his belief that music helps set mood. Reiterated that under their lease, any complaints of noise from one tenant will result in the elimination of any noise generated by another tenant. Commissioner Alne stated that the City and applicant seem to have reached agreement on everything except for building color. Chairwoman Kearns reminded that staff does not support all signs being requested. Planning Commission Minutes of April 8, 1997 Page 5 Commissioner Gibbons stated her understanding of the current proposal for paint on this elevation as follows: the courtyard facade and inside facade will be white. The rest of the elevation will match the existing yellow with the exception of white behind the logo signs. Mr. Chris Meany agreed with this interpretation. Commissioner Lowe stated that he is both concerned and confused about the method in which this project's color scheme is being discussed. At this point he would have to refuse to approve. Mr. Tim J. Haley advised that the applicant could go back to SARC with a color elevation. If SARC is not happy with this elevation, the project could be forwarded back to the Commission. Mr. Chris Meany stated that he understands the Commission's concerns but they are out of time. Commissioner Lowe stated that many of the issues causing such confusion this evening should have been ironed out at SARC. Mr. Chris Meany stated that he feels they are being pushed to make color compromises that are not fair. White is not an unusual paint color. Delays can cause the loss of an ideal tenant for Pruneyard and the community. Asked that the entire facade be allowed to be painted white. Commissioner Alne suggested that the applicant present the color rendering to SARC and stated that SARC could meet at the applicant's convenience. Commissioner Gibbons asked if SARC was against any use of white paint. Commissioner Lowe stated that he has no problem with the interior courtyard or recessed portion (located 12 feet back) being white. Commissioner Gibbons stated that as she now understands the proposal the building will be painted to match Barnes and Noble (yellow) with rust awnings (like Hollywood Video). Neon wording will appear above the awnings and the background behind the logo signs can be painted white. Stated that she supports this plan. Commissioner Lowe stated that he also feels the need for landscaping but is hoping that the property management will simply volunteer to install more landscaping in this area. Mr. Chris Meany stated that they have spent a lot of money for public improvements during the renovation of this center. Adding landscaping is not simply a question of installing plants and trees but also requires the addition of curbs and irrigation. Asks for a one year breather before reconsidering the addition of more landscaping. Planning Commission Minutes of April 8, 1997 Page 6 Chairwoman Kearns closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Alne, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3081 approving building modifications and a sign exception for a new restaurant (Johnny Rockets) with staff ensuring that the correct colors be called out on the building plans and with the removal of Condition No. 5 which required additional landscaping, on property located at 1875 S. Bascom Avenue, by the following roll call vote: AYES: Alne, Gibbons, Jones, Kearns, Lowe NOES: None ABSENT: Lindstrom, Meyer-Kennedy ABSTAIN: None This decision is final unless appealed in writing to the City Clerk within 10 days. Chairwoman Kearns read Agenda Item No. 2 into the record. PM 97-01 Hagshenas, A. Continued 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. (Continued from the March 25, 1997, Planning Commission meeting.) Ms. Gloria Sciara, Planner I, presented the staff report as follows: · This item was continued from the March 25, 1997, Planning Commission meeting. · Applicant is seeking approval for a Tentative Parcel Map to include two flag lots and one standard lot. · The two key issues were the issue of public versus private street status and the net lot area. · Staff has reviewed these two issues and its recommendation for approval stands. · By increasing the depth of the two rear lots by 5.5 feet each, the net buildable area increases to 6,000 square feet for each lot. However, the applicant objects, stating that there is no basis in the Ordinance for this. Commissioner Alne expressed that there is difficulty in defining the size of the lots. The easement is counted as lot area but is not buildable lot area. Planning Commission Minutes of April 8, 1997 Page 7 City Attorney William Seligmann stated that the Ordinance does not count useful area but total area. Commissioner Alne suggested that the property owner to the east be granted access to the private street (easement) in the event that that property is subdivided and developed. City Attorney William Seligmann stated that this is legal only if the applicant gives permission but the City cannot condition this. Ms. Gloria Sciara advised that the property owner to the east is not interested in developing her property any time soon. Commissioner Alne stated his interest in seeing the applicant offer access. Mr. Tim J. Haley, Associate Planner, suggested allowing the applicant address this concern. Commissioner Gibbons asked if the easement was required as part of the development of the townhouse development. Ms. Gloria Sciara replied that it was required as a second means of egress and ingress. Commissioner Gibbons stated that it is inappropriate to alter the easement. City Attorney William Seligmann stated that the City cannot prevent access to the townhouses via this easement. Commissioner Gibbons asked if parking along the east side of the easement was required as a condition of approval when the townhomes were built. Ms. Gloria Sciara replied that the parking was installed for the benefit of the townhouses but that the requirement for this parking is not called out as a condition of approval in the staff reports. Commissioner Gibbons clarified that there are currently nine spaces along the east side of the private street. Asked what the requirements are for parking. Ms. Gloria Sciara replied that each residence requires one covered and one uncovered space. She added that by increasing the two rear lots by 5.5 feet each, the rear setback for the front house would be reduced from 17 feet to 6 feet. Commissioner Gibbons suggested that if no parking is installed on the west side of the private street additional useable space is available for these new lots. Chairwoman Keams opened the Public Hearing for Agenda Item No. 2. Planning Commission Minutes of April 8, 1997 Page 8 Mr. Abbas Haghshenas again stated that nothing in the Ordinance states that this project's lots are not legal as proposed. Asked the City Attorney if he is following the Ordinance properly. City Attorney William Seligmann stated that there are a number of ways of creating legal lots. Commissioner Alne stated that he finds the Ordinance is not clear. Therefore, the Commission has discretion on how to apply the Ordinance. Mr. Abbas Haghshenas stated that the easement is his property. Therefore, he has a 30,000 square foot lot. The Homeowner's Association does not want to see the easement/private street turned into a public street and neither does he. Commissioner Alne again asked Mr. Haghshenas whether he is willing to offer the property owner to the east the right to front onto the private street should that lot be developed in the future. Mr. Abbas Haghshenas replied that he negotiated a maintenance agreement with the Homeowner's Association. He is paying up-front money. The other property owner can negotiate with this Association in the future for the right to access the easement. Stated that he does not have the right to give rights to the easement to this other property owner. Commissioner Gibbons stated that it appears Mr. Haghshenas is amenable to the other property owner accessing the private street but does not control access, the Homeowner's Association does. Suggested that document of easement access be finalized. Commissioner Alne again stated that the property to the east should be granted access to the easement should that lot be subdivided. Commissioner Gibbons stated that there is no mechanism to impose this on the applicant for an uninvolved third property owner. Commissioner Alne replied that the Commission could simply reject this application. Commissioner Gibbons stated that the lot size is not a significant point of discussion. Commissioner Alne stated that he would like to see the easement agreement adopted 20 years ago. Stated that he is not prepared to support this project. Commissioner Jones asked how many driveways would need access from the east property. Commissioner Alne replied one. Mr. Abbas Haghshenas again stated that he was open to this idea but has no control. Planning Commission Minutes of April 8, 1997 Page 9 Mr. John Scharmer, President, Homeowner's Association, 658 Birch Drive, Campbell, asked if the private street can be taken and made into a public street. City Attorney William Seligmann replied that with eminent domain this could occur. The City would have to pay reasonable value. Mr. John Scharmer: · Asked how this could serve the public good since this street only serves this townhome development. Additionally, he asked if the chances of the private street being made public increase as more properties access onto it. · Reminded that the City Attorney has said that the driveway is not excluded from useable square footage. · Expressed concern about future conversion to a public street. · Stated that Homeowner's Association would have no problem allowing access from the property to the east, losing one parking space, as long as this increased access does not result in the street being converted to a public street. Commissioner Gibbons stated that she has no problem supporting the staff recommendation. Commissioner Jones asked whether the owners of these new homes will belong to the Homeowner's Association. Also asked whether these property owners would have the same tights for parking along this private street Mr. John Scharmer replied that they would not belong to the Association but would share the same parking tights. Chairwoman Kearns closed the Public Heating for Agenda Item No. 2. Commissioner Alne spoke of the responsibility of looking out for the future owners of these lots. Asked to see the terms of the original easement. Wants to know more about the terms of maintenance. Without allow access to the property owner to the east, he will not support. City Attorney William Seligrnann reminded the Commission that Condition 14 requires that the easement agreement be reviewed and approved by him. Commissioner Alne questioned the cost of maintenance. Commissioner Jones stated that this information is provided to homebuyers prior to purchase. They are able to read and understand what they are getting into. This is a nice, well- maintained road. Has no problem with the proposal. The property owner to the east can work out issues with the Homeowner's Association in the future. He is in favor of this project. Planning Commission Minutes of April 8, 1997 Page 10 Commissioner Lowe stated that the property to the east should not be taken into consideration. They are not present although they received notification. Commissioner Jones stated that the City would be crazy to take over the private street that is being well maintained. Commissioner Lowe stated that he doubted the City had any interest in doing so. Commissioner Gibbons suggested a motion be made. However Condition 2 needs to be modified as it calls for removal of all structures and the front house will be retained. Also suggested removing the requirement to adjust the lot sizes. Chairwoman Keams asked for what reason the 10 foot dedication is required under Condition No. 6. She also sought clarification about the improvements required under Condition 10. City Engineer Michelle Quinney stated that the 10 foot dedication is where public service utilities are located. This is a standard requirement. The improvements required under Condition 10 are sidewalk installation along E1 Patio. Commissioner Alne asked if this will be the only house on this side of E1 Patio with sidewalks installed. City Engineer Michelle Quinney replied that it would. Mr. Tim J. Haley, Associate Planner, stated that other recently developed properties on E1 Patio have installed sidewalks. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3082 approving a three lot parcel map modifying the conditions of approval by removing No. I(A); clarifying No. 2 (to exclude demo of house) and clarifying No. 14 (the reciprocal agreement for use of the easement), on property located at 667 El Patio Drive, by the following roll call vote: AYES: Gibbons, Jones, Kearns,, Lowe NOES: Alne ABSENT: Lindstrom, Meyer-Kennedy ABSTAIN: None This decision is final unless appealed in writing to the City Clerk within 10 days. Chairwoman Keams called for a 10-minute recess at 10:00 p.m. Chairwoman Kearns reconvened the meeting at 10:10 p.m. Planning Commission Minutes of April 8, 1997 Page 11 Chairwoman Kearns read Agenda Item No. 3 into the record. o S 97-01/S 97-02/ S 97-03 Shin Park Public Heating to consider the application of Shin Park for three Site and Architectural Approvals to allow three new single-family residences on property located at 360 Bedal Lane in an R-l-8 (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. Barbara Ryan, Planner I, presented the staff report as follows: · A parcel map for three lots was approved by Staff on March 21, 1997. · Zoningis R-l-8. · The San Tomas Area Neighborhood Plan requires Planning Commission Architectural review for new residences in the area and Zoning District. · Applicant is proposing three single-family dwellings. · Each dwelling is two-story with wood siding, front porches and bay windows. will have a trellis feature. Each unit will utilize a different color scheme. · Sixteen trees will be planted, six on the center lot and five on each side lot. · No environmental action is required as this project is Categorically Exempt. · Project meets all STANP and Zoning requirements. · Staff recommends approval. Site and Two units Commissioner Alne asked if sidewalks would be constructed. Ms. Barbara Ryan replied that five foot sidewalks will be included. Commissioner Alne asked if the site had been properly posted. Mr. Tim J. Haley advised that such postings are required only for Zone Changes and General Plan Amendments. This application does not require site postings. Commissioner Alne asked if streetlights would be installed. Ms. Barbara Ryan replied that she was not sure but that she did know that a fire hydrant would be installed. Commissioner Alne asked if the cul-de-sac meets fire requirements. Ms. Barbara Ryan replied that the cul-de-sac itself was not required as far as the Fire District was concerned. Commissioner Gibbons again asked about streetlights. Planning Commission Minutes of April 8, 1997 Page 12 Ms. Michelle Quinney, City Engineer, advised that there are existing older streetlights on Bedal that are on wooden poles. She added that no additional streetlights will be required. Commissioner Alne presented the Site and Architectural Review Committee report as follows: · SARC found the project acceptable and recommends approval. Chairwoman Kearns opened the Public Hearing for Agenda Item No. 3. Shin Park, Applicant: · Advised that he and his architect are available for any questions. Chairwoman Kearns closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Alne, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3083 granting a Site and Architectural Approval for three new single-family residences (S 97-01, S 97-02 and S 97-03) on property located 360 Bedal Lane, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Gibbons, Jones, Kearns, Lowe None Lindstrom, Meyer-Kennedy None This decision is final unless appealed in writing to the City Clerk within 10 days. Chairwoman Kearns read Agenda Item No. 4 into the record. 4. R 97-01 Salvador, J. Public Hearing to consider the application of Mr. Joe Salvador, on behalf of Railway Distributing, for approval of a Reinstatement (R 97-01) of a previous Conditional Use Permit to allow a ten-year extension of this use located at 238 & 246 Railway Avenue within 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 Planning Commission Minutes of April 8, 1997 Page 13 Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · In 1985, a Conditional Use Permit was approved to allow the establishment of a storage yard and parking area in conjunction with a construction supply business on Railway Avenue. · City Council adopted a Resolution granting a three-year approval as this property is located within a Redevelopment Area. · Extensions of this approval were granted in 1988 (3 years), 1991 (3 years) and 1994 (3 years). · The applicant is now asking for a 10-year extension of this approval. As in the past, the applicant is willing to sign an agreement to vacate this use within six months upon notification by the City. · Staff recommends that the Commission adopt a resolution recommending that Council approve this 1 O-year extension. Commissioner Alne presented the Site and Architectural Review Committee report: · SARC recommends approval of this request. Chairwoman Kearns opened the Public Heating for Agenda Item No. 4. There were no parties present wishing to address Agenda Item No. 4. Chairwoman Kearns closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Alne, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3084 recommending approval of a 10-year extension of a previously-approved Conditional Use Permit (UP 84-19) to allow the continued use of property located at 238 & 246 Railway Avenue as a storage yard and parking lot, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Gibbons, Jones, Kearns, Lowe None Lindstrom, Meyer-Kennedy None This item will be considered by the City Council at its meeting of May 6, 1997. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following additions by Mr. Tim J. Haley: · There are no additions. Planning Commission Minutes of April 8, 1997 Page 14 Commissioner Gibbons asked about the duration of the next meeting since the Winchester Drive-In Site will be discussed. Mr. Tim J. Haley advised that this meeting will be well attended. ADJOURNMENT The Planning Commission meeting adjourned at 10:25 p.m. to the next Planning Commission meeting of April 22, 1997, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: ~,~~~ Corinne A. Shinn, Recording Secretary APPROVED BY: ATTEST: Susan A. Keams, Chair Tim J. Fi(ale/y, A~ing Secretary