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PC Min 08/12/1997CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY AUGUST 12, 1997 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of August 12, 1997 was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair Alne, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Commissioner: Commissioner: Commissioner: Commissioner: I. Bud Alne Elizabeth Gibbons Mel Lindstrom Jane Meyer-Kennedy Commissioners Absent: Chair: Vice Chair: Commissioner: Susan A. Kearns Dennis Lowe Brad Jones Staff Present: Community Development Director: Planner II: Planner I: City Attorney: City Engineer Reporting Secretary: Steve Piasecki Gloria Sciara Aki Irani William Seligrnann Michelle Quinney Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Gibbons, seconded by Commissioner Meyer-Kennedy, the Planning Commission minutes of July 22, 1997, were approved. (4-0-3; Commissioners Kearns, Lowe and Jones were absent.) COMMUNICATIONS. 1. Letter from property owner's attorney regarding Agenda Item No. 1. 2. Revised Conditions of Approval (page 3) for Agenda Item No. 1. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. Planning Commission Minutes of August 12, 1997 Page 2 ORAL REQUESTS There were no oral requests. PUBLIC HEARING Acting Chair Alne read Agenda Item No. 1 into the record. M 97-07 Kearney, J. Public Hearing to consider the application of Mr John Keamey for approval of a Modification (M 97-07) to a previous Site and Architectural Approval to allow a facade remodel (Breuners) on property located at 525 E. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appeal in writing to the City Clerk within 10 days. Ms. Gloria Sciara, Planner I, presented the staff report as follows: · Applicant is seeking the Modification of a previous Site Approval to allow for a facade remodel. · Site is located at the comer of Hamilton and Almarida Avenues. · The facade remodel will incorporate an arcade treatment with use of awnings, columns and decorative towers. · The center will be painted in a new neutral color scheme. · There is no proposed change in use and no intensification of current use therefore no additional parking will be required. · Applicant will be required to meet streetscape standards and upgrade landscaping that has not been maintained on site. · A condition of approval will be that the applicant provide a revised landscaping plan that incorporates additional tree wells. · The current 12% landscaping is consistent with the zoning however new developments have been asked to increase landscaping percentages. · Staff is supportive of this project. Acting Chair Alne presented the Site and Architectural Review Committee report as follows: · SARC recommends approval. Acting Chair Alne opened the Public Heating for Agenda Item No. 1. Kevin James, McG Architects: · Stated that the intent of this project is to enhance the street presence along both Almarida and Hamilton Avenue frontages. · His clients have reviewed the conditions of approval and are in agreement with the conditions. · They do ask for clarification regarding signage. Stated that they would like the option to repair and upgrade the one sign to the north of the property, rear of building. Planning Commission Minutes of August 12, 1997 Page 3 · Stated that he was available to answer any questions. Acting Chair Alne asked staff to provide clarification regarding the signage. Ms. Gloria Sciara advised that the conditions of approval can be adjusted to allow for the retention of the freeway-oriented sign if repaired and upgraded until the applicant leaves the site. Commissioner Gibbons sought clarification that there was currently no sign application pending for the existing sign? Ms. Gloria Sciara replied that was correct. Acting Chair Alne suggested that the signs be removed from consideration and this proposed approval. Ms. Gloria Sciara advised that it is an existing sign that the applicant has the right to retain if it is repaired. Acting Chair Alne stated that he prefers to review signs all at once. Mr. Steve Piasecki, Community Development Director suggested that the Commission strike any mention of signs and that a sign application be addressed in the future. Mr. James Foley, Attorney for property owners, 18927 Monte Vista Drive, Saratoga: · The owners have long admired the architecture of the building which depicts an informal and rural atmosphere. · They are disappointed with the design of the proposed facade which they feel destroys the identity of the Breuners property. · He and the owners have had difficulties with the applicants. · Expressed concern that the application was signed by Peter Meyer, an employee of JC Enterprises, the lessee. · Stated that he was told by staff that the signature should be by the landowner not the lessee. · Advised that his clients have allowed the matter to go back onto the Planning calendar to avoid protracted court proceedings. · The owners have been ignored by the applicant. They were not advised of the 1996 proceeding. May 27, 1997 was the first time that he and his clients were told of a pending Planning Commission hearing. The applicant has not spoken directly with the owners. · Stated that the lessee has acted improperly. · The owners are not in favor of the facade renovation. They find the proposed renovation to be improper to the character, traditions and location. · The plans call for street improvements along Hamilton and Almarida Avenues. · Included in the improvements are public sidewalks to be built on the private property owned by his clients. Planning Commission Minutes of August 12, 1997 Page 4 · This means that the lessee is granting license to the City rather than the property owners who do not support this use. The lessee does not have the right to grant use of the private property for public right-of-way use. · Suggested that the City needs to condemn the property and pay for it rather than getting what it wants without paying for it. · Advised that the lease specifies that the property is to be used only for commercial merchandising purposes. · Stated that neither the City nor the lessee has the right to grant license to use facilities privately owned and to place sidewalks over private land. Acting Chair Alne advised that the City accepts at face value when an applicant brings forward an application for consideration by the Planning Commission for development. There are civil remedies available to the property owners if they have a disagreement with their lessee. City Attorney William Seligmann: · Stated that there appears to be two issues. · The first issue, whether the lessee has the right to put in sidewalks on the site. This is a civil matter between the lessee and the lessor. · The second issue, what is the City asking to be given. The dedication of right-of-way is a common practice when major development of a site occurs. · In this instance, the City is not asking for a dedication but for the installation of a boulevard treatment to meet the City's streetscape standards is being required to be installed on the private property. Commissioner Gibbons asked about the one-year maintenance security required which seems to imply dedication. Is an encroachment going to be necessary to install the improvements on private property? Mr. Steve Piasecki advised that the City Engineer, Michelle Quinney, is available to respond to this question. Ms. Michelle Quinney advised that if the sidewalk is not to be dedicated, the condition requiring an encroachment permit can be removed and considered as part of the site review. Mr. Steve Piasecki advised that it may be in the best interest of the property owners to dedicate the sidewalks to the City. The City prefers this, if possible. Commissioner Gibbons asked whether this project could go forward if a civil suit is filed by the property owners. Acting Chair Alne advised that it appears the lessee has the authority to proceed with this application. The Commission needs to decide on its merits. It is not the intent or purpose of the Commission to interfere or participate in the relationship between the lessee and the lessor. Planning Commission Minutes of August 12, 1997 Page 5 City Attomey William Seligmann advised that this is a valid application. It may be within the fights of the lessor to bar the actions of the lessee but it does not fall within the jurisdiction of the Planning Commission. Acting Chair Alne stated that a letter from the property owners' attorney, Mr. Foley, granted permission to proceed with Planning Commission review of this proposal. What is the question? What does Mr. Foley want the Commission to do? Mr. James Foley, Attorney for property owners: · Stated that he and his clients simply want the Planning Commission to know what has happened to date. · Asked what purpose the sidewalks would play. Acting Chair Alne stated that the applicant has asked for approval of the project and the City has provided conditions for the approval of the request in order to meet the standard streetscape standards. This is done to develop as universal an appearance as possible. Mr. Steve Piasecki advised that it is the City's policy to require streetscape standards be met when major renovations occur. The current five foot sidewalk is inadequate. A seven foot walk and 10 foot landscape area is required along Hamilton Avenue. Mr. James Foley asked why the City does not provide this? Is it not the duty of the City? Mr. Steve Piasecki advised that traditionally, applicants adjacent to major streets are required to install street improvements that serve their development when they seek a major development or renovation. The reasoning behind the requirement for streetscape improvements is that they will benefit the public, and more specifically, those using the site. Acting Chair Alne asked Mr. Foley if he is contesting the applicant's legal fight to submit this application before the Planning Commission? Mr. James Foley replied that the application is only proper when it includes the owner's signature. Acting Chair Alne asked Mr. Foley if he is asking the Planning Commission to reject this application as the applicant is ineligible to make this application? Mr. James Foley replied that at the time the application was filed, it was improper and should have been dismissed. His clients later agreed to allow the application to proceed to heating. However, they are reserving any and all defenses. Acting Chair Alne again asked if Mr. Foley believes this application to be improper? Planning Commission Minutes of August 12, 1997 Page 6 Mr. James Foley answered that it is inadvisable. To require sidewalks on private land is a great error unless the property owner is paid the proper value for the use of the property. Acting Chair Alne asked if the applicant has the legal right to proceed at this time? Mr. James Foley replied yes. Commissioner Lindstrom mentioned the application for this site two to three years ago (SportsMart) where the same improvements were required. Why was there no objection from the property owners at that time? Nothing being asked for has changed. Mr. Steve Piasecki clarified that the City has a complete application with a letter from the owner's attorney to proceed. However, the Planning Commission decision does not preempt any rights. Acting Chair Alne asked if the City Attorney concurred with the decision to go forward? City Attorney William Seligmann replied that was correct. Acting Chair Alne closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Gibbons seconded by Commissioner Meyer- Kennedy, the Planning Commission adopted Resolution No. 3109 granting approval of a Modification (M 97-07) to a previous Site and Architectural Approval to allow a facade remodel (Breuners) on property located at 525 E. Hamilton Avenue with the deletion of Finding No. 6, the addition of Finding No. 7, and the modification of Conditions No. 5, 7 and 10, by the following roll call vote: AYES: Alne, Gibbons, Lindstrom, Meyer-Kennedy NOES: None ABSENT: Jones, Kearns, Lowe ABSTAIN: None Mr. Steve Piasecki advised that this decision is final unless appealed in writing to the City Clerk within 10 days. Acting Chair Alne read Agenda Item No. 2 into the record: Planning Commission Minutes of August 12, 1997 Page 7 M 97-08 Nance, J. Public Hearing to consider the application of Mr. John Nance, on behalf of West Valley Sanitation District, for approval of a Modification (M 97-08) to a previous Site and Architectural Approval to allow the construction of a 216 square foot office addition and the replacement of an existing maintenance building at the rear of the site with a two-story maintenance (7,899 square feet) building on property located at 100 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. Ms. Aki Irani, Planner I, presented the staff report as follows: The project site is on the south side of Sunnyoaks Avenue, west of Highway 17. The project includes a 216 square foot office addition which faces Sunnyoaks Avenue and the replacement of a one-story maintenance building with a 7,900 square foot, two-story maintenance building at the rear of the lot. · The paint colors include a light gray and olive body and dark olive trim. The roof material is a dark blue. · The project is exempt from CEQA reivew. · Staff has added a condition of approval for a landscape and irrigation plan. · Staff recommends approval. Acting Chair Alne presented the Site and Architectural Review Committee report as follows: · SARC recommends approval. Acting Chair Alne opened the Public Hearing for Agenda Item No. 2. There were no parties interested in addressing Agenda Item No. 2. Acting Chair Alne closed the Public Heating for Agenda Item No. 2. Motion: Upon motion of Commissioner Gibbons, seconded by Commissioner Meyer- Kennedy, the Planning Commission adopted Resolution No. 3110 granting approval of a Modification (M 97-08) to a previous Site and Architectural Approval to allow the construction of a 216 square foot office addition and the replacement of an existing maintenance building at the rear of the site with a two-story maintenance (7,899 square feet) building, on property located at 100 E. Sunnyoaks Avenue, by the following roll call vote: AYES: Alne Gibbons, Lindstrom, Meyer-Kennedy NOES: None ABSENT: Jones, Kearns, Lowe ABSTAIN: None Planning Commission Minutes of August 12, 1997 Page 8 Acting Chair Alne read Agenda Item No. 3 into the record: o UP 97-07 Royal Kitchen Chinese Restaurant Public Hearing to consider the application of Royal Kitchen Chinese Restaurant for approval of a Conditional Use Permit (LIP 97-07) to allow beer and wine sales in conjunction with a restaurant use on property located at 1638 W. Campbell 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 a beer and wine license in conjunction with a new restaurant at the Kirkwood Plaza Shopping Center. · The site is located at the center of the shopping center. · The site is the former location of the Eastern House Restaurant. · The restaurant will be open for lunch and dinner, seven days per week, from 11:30 a.m. to 2:30 p.m. and from 5:00 p.m. to 9:30 p.m. · The Municipal Code allows for beer and wine sales in conjunction with a restaurant if four findings can be made including: the use does not result in the overconcentration in one area; that the use not create a nuisance; that the use does not adversely effect the peace, morals, etc. of the area; and that the use does not create an increase in use of City services. · The Police Department imposed no conditions for approval other than the applicant comply with all requirements of the Alcoholic Beverage Control Department. · The use is consistent with the C-1 Zoning and Commercial General Plan designation for the site. · Staff is supportive and recommends approval. Commissioner Lindstrom asked if this location at the center is directly behind Hawg's? Ms. Aki Irani replied that it was. Commissioner Lindstrom reiterated that there are no concems by the Police Department. Acting Chair Alne sought clarification that the approval is simply for the beer and wine sales not the restaurant. Ms. Aki Irani replied that was correct. Acting Chair Alne opened the Public Hearing for Agenda Item No. 3. There were no parties interested in addressing Agenda Item No. 3. Acting Chair Alne closed the Public Heating for Agenda Item No. 3. Planning Commission Minutes of August 12, 1997 Page 9 Motion: Upon motion of Commissioner Lindstrom, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3111 granting approval of a Conditional Use Permit (UP 97-07) to allow beer and wine sales in conjunction with a restaurant use on property located at 1638 W. Campbell Avenue, by the following roll call vote: AYES: Alne, Gibbons, Lindstrom, Meyer-Kennedy NOES: None ABSENT: Jones, Kearns, Lowe ABSTAIN: None Acting Chair Alne read Agenda Item No. 4 into the record: 4. UP 97-06 LaVoy, W. Public Hearing to consider the application of Ms. Wendy LaVoy, on behalf of First Congregational Church of San Jose, for approval of a Conditional Use Permit CLIP 97-06) to allow the use of the church for a rotating homeless shelter accommodating a maximum of fifteen (15) persons for one month each year on property located at 1980 Hamilton Avenue in a PF (Public Facilities) 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: · The First Congregation Church of San Jose is seeking approval to participate in a rotating shelter program for one month each year. · The Church will utilize a classroom located at the southeast comer of Hamilton and Leigh Avenues. · The program is sponsored by the Santa Clara County Council of Churches and InnVision. · This would be the second church in the City of Campbell to participate. · In 1995, the First United Methodist Church on Winchester Boulevard received approval to participate. They serve as a shelter during the month of February each year. · The First Congregational Church will operate its shelter in September of each year. · The shelter is open from 7 p.m. to 7 a.m. each day. · The residents are provided with dinner, breakfast and a bed. · A case manager is on site. · The use is consistent with the Zoning and General Plan designations for the site. · The project is exempt for CEQA review. · Campbell Police has expressed no objections or concerns. · Staff is supportive and recommends approval. Acting Chair Alne opened the Public Heating for Agenda Item No. 4. Planning Commission Minutes of August 12, 1997 Page 10 Mr. Richard Kenyon, Church Representative, 1714 Mirrasou Drive, San Jose: · Advised that the church conducted a neighborhood meeting on July 30th at which only one neighbor attended with a minor concern. This neighbor was satisfied with what she learned at the meeting. · The church congregation is supportive of this program. Commissioner Lindstrom stated that there is the right to complain to the City should the use result in problems in the area. Mr. Steve Piasecki:· Advised that there are several recourses should problems arise. · The church could be contacted. · The police could be contacted if activity is against the law. · If problems are recurring, the City can be contacted and nuisance abatement action taken. · A condition can be added that if the use results in problems, the Use Permit could be brought back before the Planning Commission for review. · This is a program with history and no problems have resulted at other locations. Acting Chair Alne closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3012 granting approval of a Conditional Use Permit (UP 97-06) to allow the use of the church for a rotating homeless shelter accommodating a maximum of fifteen (15) persons for one month each year, on property located at 1980 Hamilton Avenue, by the following roll call vote: AYES: Alne, Gibbons, Lindstrom, Meyer-Kennedy NOES: None ABSENT: Jones, Kearns, Lowe ABSTAIN: None Acting Chair Alne read Agenda Item No. 5 into the record: 5. M 97-13 Walgreen Co. Public Heating to consider the application of Walgreen Co. for approval of a Modification to a previously-approved Conditional Use Permit to allow for 24-hour operation and the elimination of on-site sales of packaged alcoholic beverages on property located at 1660 Winchester Boulevard 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. Gloria Sciara, Planner II, presented the staff report as follows: Planning Commission Minutes of August 12, 1997 Page · Applicant is seeking the modification of a previously-approved Conditional Use Permit for the Walgreens located at 1660 Winchester Boulevard. · The project site was developed in 1992 and Walgreens has been on the site since March 1993. · The Use Permit allowed for a drive-thru pharmacy window and the sale of alcoholic beverages. · The applicants are asking for the elimination of the approval for the sale of alcoholic beverages and the approval of 24-hour operational hours. · The purpose for the 24-hour operation is for additional pharmacy sales. This provide a public service. · Staff is supportive as there are sufficient sound walls to buffer this use from the adjacent residences. · Staff recommends the addition of four street trees behind the walk. Commissioner Gibbons expressed concern about sight line problems caused by trees. Has the Public Works Department considered this? Ms. Gloria Sciara replied that this concern can be taken up with Public Works and taken into consideration regarding the placement of these trees. Commissioner Gibbons also mentioned a trip to this location recently where she found four to six trailers parked at the back of the building. Have they been removed? Ms. Gloria Sciara replied that she is unaware of trailers on the site and will defer this question to the applicant who is present. Commissioner Gibbons expressed concern that patrons will honk horns to obtain attention at the drive-thru window and problems this might cause during late night use. Commissioner Lindstrom advised that his wife is employed by Walgreens. Should he abstain? City Attorney William Seligmann answered that he should abstain from the discussion and vote but can help to maintain the quorum needed to take action this evening. Acting Chair Alne asked if the Commission can proceed? City Attorney William Seligmann replied that the Commission can proceed on this matter. Acting Chair Alne opened the Public Hearing for Agenda Item No. 5. Mr. Dave Devencenzi, District Manager, Walgreens: · Advised that the store and pharmacy managers are also present and available for questions. Planning Commission Minutes of August 12, 1997 Page 12 · Stated that they have received letters of support from Good Samaritan, Los Gatos Community and O'Connor Hospitals for 24-hour operation due to the convenience to their patients. · The store has obtained 900 signatures on a petition that supports 24-hour operation. The majority of the persons who signed reside within one mile of their store. · The trailers mentioned by Commissioner Gibbons were temporarily used during a recent remodel to store merchandise that had to be moved from the building. All trailers are now gone from the site. · Stated that deliveries can be scheduled to assure no late night or early morning deliveries. · During the short time that they operated 24-hours per day, the traffic at the drive-thru pharmacy averaged from five to 12 cars per night. · Assured that if complaints arise, they will work to handle them. Commissioner Gibbons asked if there was a service buzzer at the drive-thru? Mr. Dave Devencenzi replied that there was a buzzer to ring for service. Ms. Robin Wyatt: · Advised that she sent a letter in support of the 24-hour operation as she selected this pharmacy due to the fact that they offered 24-hour pharmacy service which meets her schedule. Acting Chair Alne closed the Public Hearing for Agenda Item No. 5. Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3113 granting approval of a Modification to a previously-approved Conditional Use Permit to allow for 24-hour operation and the elimination of on-site sales of packaged alcoholic beverages on property located at 1660 Winchester Boulevard, by the following roll call vote: AYES: Alne, Gibbons, Meyer-Kennedy NOES: None ABSENT: Jones, Kearns, Lowe ABSTAIN: Lindstrom REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following additions: · Announced that Ms. Gloria Sciara has been reclassified as a Planner II as a result of her near completion of her Master's Degree in Urban Planning, the advanced level of projects that she is handling including the work on the Tree Ordinance and her proficiency on GIS. Planning Commission Minutes of August 12, 1997 Page 13 Advised that Council has authorized the Parks and Recreation Commission to hold meetings regarding the Percolation Ponds Project concentrating on the southerly ponds only. A demo pond will be mapped out. Acting Chair Alne asked about safety due to the slope at the edge of each pond that the danger this can pose if someone should fall in. Mr. Steve Piasecki advised that the plan is to fence in the ponds, particularly to block young children from accessing the ponds. Additionally, signage would be posted. Commissioner Meyer-Kennedy asked if there was an anticipated completion date for the Hamilton Avenue Resurfacing Project? Mr. Steve Piasecki advised that the project will go into the Fall. Commissioner Gibbons asked for an update regarding the joint meeting between Council and the Commission? Mr. Steve Piasecki advised that it was a positive meeting. The purpose was to inform Council of pending large projects and to identify issues. ADJOURNMENT The Planning Commission meeting adjourned at 9:00 p.m. to the Planning Commission meeting of August 26, 1997, in the Council Chambers, City Hall, 70 North First Street, Campbell, Califomia. SUBMITTED BY: APPROVED BY: ~.~ ~~ary ATTEST: ~teve~as~cki, SeX~retary