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PC Min 09/09/1997CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 9, 1997 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 9, 1997 was called to order at 7:35 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: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Susan A. Kearns Dennis Lowe Elizabeth Gibbons Brad Jones Mel Lindstrom Jane Meyer-Kennedy Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner I: City Attorney: Reporting Secretary: Steve Piasecki Sharon Fierro Tim J. Haley Aki Irani William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lowe, the Planning Commission minutes of August 26, 1997, were approved. (4-0-0-2; Commissioners Jones and Lindstrom abstained.) COMMUNICATIONS. 1. Letters of support for Agenda Item No. 1. 2. Letter from applicant for Agenda Item Thursdays. No. 2 regarding additional operating hours on Planning Commission Minutes of September 9, 1997 Page 2 AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairwoman Keams read Agenda Item No. 1 into the record. S 97-19 Bay Apartment Communities Public Hearing to consider the application of Mr. Dan Katzenberger, on behalf of Bay Apartment Communities, for a Site and Architectural Approval (S 97-19) to allow the renovation of a 252-unit apartment complex (Cardiff Gardens) located on property at 215-225 Union Avenue in an R-3-S (Multi-Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · The applicant is seeking a Site Approval to allow the renovation of an existing apartment complex on Union Avenue. · The complex consists of 252 units on 8.5 acres with 384 parking spaces. · No additional units are proposed but the renovations are extensive including replacement of roofs, upgrading to plumbing and electrical, replacement of stairways, additional appliances and the conversion of most of the carports to garports. The applicant will be asked to re- landscape along the Union Avenue frontage. This project was originally constructed prior to the current R-3 Zoning and General Plan designations. It was built at 28.9 units per acre whereas today's standards calls for 21-27 units. Staff finds that the project provides improvement to the surrounding neighborhood and recommends the adoption of a resolution with the provided conditions of approval. This project is exempt from CEQA review. SARC reviewed the project and will provide a report. Chairwoman Keams asked about the conversion of the carports at the frontage of the property. Mr. Tim J. Haley: · Advised that staff recommends leaving the uncovered parking spaces at the front or not converting them into garports which are enclosed. This is a long and narrow site and the appearance of a long uninterrupted building structure would eliminate a sense of open space in the area. · Advised that 24 additional parking spaces are proposed with this renovation. Planning Commission Minutes of September 9, 1997 Page 3 Commissioner Lindstrom asked about the 24 additional proposed parking spaces. If the applicant complies with staff's recommendations for pedestrian walkways, the increase in parking is 12 rather than 24 spaces. Asked if the applicant agreed with staff's recommendations. Mr. Tim J. Haley replied that the increase would be 12 spaces with the implementation of staff's recommendations. The applicant is concerned about losing any parking. Parking is lost due to both the proposed pedestrian connections and the need for fire truck access. Commissioner Lowe presented the Site and Architectural Review Committee report as follows: · SARC met on August 28~ and was supportive of this application with three additional conditions: 1. An enhanced carport treatment on top of the carport near the Union Avenue frontage. 2. Pedestrian connections between the two buildings. 3. Provide the required fire turnaround and access. · SARC felt the applicants have done a great job. Chairwoman Keams opened the Public Heating for Agenda Item No. 1. Mr. Max Carter, Applicant, Bay Apartment Communities, 4340 Stevens Creek Boulevard: Advised that Bay Apartment Communities has been in business for 20 plus years in San Jose. · Stated that his entire team is present and available to answer any questions. · Thanked Sharon Teeter, Steve Piasecki and Tim Haley for their assistance with this project. · Informed that they have sponsored an open house for the residents, group meetings with neighbors as well as with the Chamber of Commerce. At these meetings, Bay Apartment Communities provided their plans and solicited feedback. No negative feedback was received. Said that this complex was built in 1966. Bay Apartments purchased the complex in April 1997. The complex has failing roofs, galvanized plumbing, electrical failures, termite infestation, asbestos and lead paint. They will be repairing these things as well as upgrading the interiors and exteriors. They have determined that they cannot do the repairs with residents in the units. Therefore, they have developed a resident relocation plan. Relocation may cause hardship for some residents, but they have a program in place to respond to needs. Mr. Dan Katzenberger, Project Manager, Bay Apartment Communities: · Stated that repairs and architectural upgrades are needed, including the Union Avenue facade. · An arched pitched roof is proposed as are metal trellis over the drive aisles and a new monument sign. They have plans to improve the courtyards. The mature trees on site will be retained and additional landscaping installed. They plan to add patios and balconies, improve the recreation building and lease building as well as upgrade the pool and spa area and to upgrade the garports. Commissioner Lowe asked about lighting along the walkways. Planning Commission Minutes of September 9, 1997 Page 4 Mr. Dan Katzenberger: · Stated that there will be light fixtures next to each door which will fully illuminate the courtyards. · Said that they are upgrading all kitchens and baths and adding new appliances. · Four handicapped units will be equipped. Ms. Gabby Kirkland, Regional Manager, Bay Apartment Communities: · Advised that the Resident Relation and Retention Program is one way they are showing their commitment to the residents. · On August 18% 300 people were invited to an Open House where Bay Apartment presented its plans and answered questions. On August 25th, an Open House for residents was held. · They have hired a Residents Relocation Coordinator, Ms. Alicia Stephenson, who is responsible for resident and community outreach, to answer questions and give information. · The Residents Relocation Program includes an expedited security deposit refund with the option to transfer the deposit to a newly renovated unit. · Construction allowances will be provided for any inconvenience during construction. · A package is available to help residents return to the complex following the renovation. · All questions from residents have been satisfactorily answered. · Stated that Bay Apartments looks forward to working with Sharon Teeter and to helping to improve the neighborhood. Mr. Max Carter: · Said that they will work with the City and improve the project for the benefit of the complex and the City. · Said they were in agreement with staff. · Assured that the lighting on the project will be full and comprehensive. Commissioner Meyer-Kennedy stated that she appreciated the thoroughness of the presentation which is why there are so few questions from the Commission. Commissioner Gibbons added that receiving some of the project material earlier had helped in reviewing this project. Chairwoman Keams closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3117 granting a Site and Architectural Approval (S 97-19) to allow the renovation of a 252-unit apartment complex (Cardiff Gardens), on property located at 215-225 Union Avenue, by the following roll call vote: AYES: Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy NOES: None ABSENT: None ABSTAIN: None Planning Commission Minutes of September 9, 1997 Page 5 Mr. Steve Piasecki advised that this decision is final unless appealed in writing to the City Clerk within 10 days. Stated that staff is pleased with the responsiveness of the applicant to City requirements. Chairwoman Keams read Agenda Item No. 2 into the record: 2. UP 97-09 Summerscales, S. Public Heating to consider the application of Mr. Stephen Summerscales for approval of a Conditional Use Permit (UP 97-09) to allow the establishment of a restaurant/pub with a general on-sale liquor license and with operational hours after 11 p.m. in an existing commercial building located at 33 S. Central Avenue in a C-3-S (Central Business District) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · The applicant is seeking a Conditional Use Permit to allow the establishment of a new restaurant in a commercial building located on the south side of downtown. · The site faces Orchard City Drive and was previously occupied by the nightclub, Puma's. A sports caf6 was approved for this site but never materialized. · The zoning for the site is C-3 (Central Business District) which allows this use with a Use Permit. The applicant is seeking extended hours of operation from 10 a.m. to 2 a.m. on Thursdays, Fridays and Saturdays. Staff recommends extended hours only on Fridays and Saturdays. Staff does not oppose extended hours with the condition that if problems occur, the applicant can be made to curtail closing hours to 11 p.m. upon order of the Community Development Director. If the Director does shorten the operating hours, the applicant can appeal this action to the Planning Commission. Applicant also seeks a general on-sale liquor license. The site participates in the parking district which has 478 spaces. The architectural modifications include tudor-style features and gables as well as the requirement for a landscaping plan. Staff finds the proposed use consistent and recommends approval. Chairwoman Keams asked about the recourse for the surrounding area if problems should arise as a result of this late night use. Mr. Tim J. Haley reiterated that a condition of approval is that complaints can be considered by the Community Development Director who may then limit hours of operation to 11 p.m. Outdoor eating will be limited to 10 p.m. Planning Commission Minutes of September 9, 1997 Page 6 Commissioner Lindstrom asked if Cardiff Lounge and Khartoon, which have late hours, have this condition imposed. Mr. Tim J. Haley advised that those two businesses predate the need for a Use Permit. However, any business which becomes a public nuisance can be dealt with by the City. Commissioner Lowe presented the Site and Architectural Review Committee report as follows: · SARC is supportive of this application. Commissioner Gibbons stated that she had questions for the applicant. Chairwoman Keams opened the Public Hearing for Agenda Item No. 2. Commissioner Gibbons asked about building plans and handicapped access and whether Mr. Summerscales was clear on the conditions of approval. Mr. Stephen "Sam" Summerscales, Applicant: · Advised that he has an architect on board to implement the requirements called out in the conditions of approval. Commissioner Gibbons asked about how the stage would be utilized as no live entertainment is permitted. Mr. Stephen Summerscales advised that most of the time the stage would be pushed back out of the way but that occasionally a tho would play background music. Commissioner Gibbons asked whether staff had made clear the limitations for live entertainment. Mr. Stephen Summerscales replied yes. He said that the Redevelopment Agency has been helpful, particularly Geoffrey Bradley as has the planning staff. Commissioner Lindstrom asked where the outdoor seating would be located. Mr. Stephen Summerscales said the outdoor seating would be located on the left side of the building. Of the 1,190 square feet, a small area would be used for a children's play area and small garden, leaving 890 square feet for a patio. Commissioner Lindstrom acknowledged Mr. Summerscales letter requesting extended hours on Thursdays, Fridays and Saturdays as well as major holidays should they fall on other days of the week. Mr. Steve Piasecki stated that staff has no problem with this schedule with the provision to limit hours at staff level in the event that problems occur. Chairwoman Kearns closed the Public Heating for Agenda Item No. 2. Planning Commission Minutes of September 9, 1997 Page 7 Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3118 approving a Conditional Use Permit to allow the establishment of a restaurant/pub with a general on-sale liquor license and with operational hours after 11 p.m. in an existing commercial building located at 33 S. Central Avenue, with the modification of extended hours to include Thursdays and holidays, by the following roll call vote: AYES: Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy NOES: None ABSENT: None ABSTAIN: None Chairwoman Keams read Agenda Item No. 3 into the record: 3. S 97-16/M 97-14 Walwick, S. Public Hearing to consider the application of Mr. Sean Walwick, on behalf of Santa Barbara Restaurant Company for a Site and Architectural Approval (S 97-16) to remodel an existing restaurant building and a Modification of a previously- approved Conditional Use Permit (UP 95-14) to allow extended hours of operation for a general liquor license on property located at 499 E. Hamilton 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. Ms. Aki Irani, Planner I, presented the staff report as follows: · There are two applications to allow a new restaurant, The Elephant Bar Restaurant, on the northwest comer of Hamilton Avenue at Almarida, a Site approval and a Modification to a previously-approved Conditional Use Permit (UP 95-14). · The Site improvement calls for exterior and interior remodel of the existing commercial building. · Upgrades to the site include a disabled walkway as well as Hamilton Avenue Streetscape Improvements incorporating a 10 foot parkway, 7 foot sidewalk and 10 foot landscape area behind the sidewalk. Interior improvements include the removal of the staircase and second floor to create higher ceilings on the first floor. No additional square footage is proposed. The restaurant will seat 267. · Staff is recommending the placement of a screening wall to the service entry and the relocation of the trash enclosure so that it is completely obscured by the building. · The Use Permit currently allows general liquor sales to 9:30 p.m. from Sunday through Thursday and to 10 p.m. on Fridays and Saturdays. The applicant wants the hours of operation extended to 11 a.m. through 12 midnight daily with general liquor services. Planning Commission Minutes of September 9, 1997 Page 8 · Campbell Police is supportive as long as all regulations of the Alcohol Beverage Control Department are met. · This project is consistent with the General Plan and Zoning designations and is exempt from CEQA review. · Staff recommends approval with the findings and conditions of approval. Commissioner Meyer-Kennedy asked about the trash enclosure. Ms. Aki Irani advised that staff is recommending that the size of the enclosure be reduced. At the present time it juts out and is visible from the front of the building. Commissioner Lowe presented the Site and Architectural Review Committee report as follows: · SARC is supportive of this project and looks forward to this new restaurant which should be an excellent addition to Campbell. Chairwoman Keams opened the Public Hearing for Agenda Item No. 3. There were no parties present wishing to address Agenda Item No. 3. Chairwoman Keams closed the Public Heating for Agenda Item No. 3. Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Jones, the Planning Commission adopted Resolution No. 3119 granting a Site Approval (S 97-16) to remodel an existing restaurant building and Resolution No. 3120 approving a Modification (M 97-14) to a previously- approved Conditional Use Permit (UP 95-14) to allow extended hours of operation for a general liquor license on property located at 499 E. Hamilton Avenue in a C-2-S (General Commercial) Zoning District, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None None 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: · Introduced Ms. Sharon Fierro, Senior Planner. · Updated the Commission regarding a new Council policy as it pertains to appointments to Advisory Commissions and Boards. Beginning in January 1998, when a term expires, that Planning Commission Minutes of September 9, 1997 Page 9 vacancy will automatically be advertised whereas in the past if the incumbent reapplied the position was not advertised. · Council is asking for input regarding the issue of missed meetings. They want to develop an attendance standard. When does attendance become a problem? Communicate any ideas to Chairperson Keams who will forward the information on to staff. · Commissioners Gibbons and Lowe were reappointed. There is one vacancy. Commissioner Meyer-Kennedy stated that she was under the impression that three unexcused absences and "you're out." Commissioner Gibbons asked whether it was true that discussions had been held whether to limit the Commission to five members instead of seven? Mr. Steve Piasecki · Replied that upon review and survey of other cities in the area, Council has decided to maintain a seven member Commission. · Added that Commissioners Lowe and Jones will serve on SARC this Thursday with the meeting beginning at 5 p.m. ADJOURNMENT The Planning Commission meeting adjourned at 9:26 p.m. to the Planning Commission meeting of September 23, 1997, in the Council Chambers, City Hall, 70 North First/~treet, Campbell, Califomia. SUBMITTED BY: Connne A. Sh~nn, Recording ~ecretary APPROVED BY: .'S'~s, an/ff. Ke ~m-'~ C'~air ^TT ST: ~ Stev~'Piasecl}i, Secretary