PC Min 10/14/1997CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
OCTOBER 14, 1997
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of October 14, 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:
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:
Senior Planner:
Planner I:
Planner I:
City Attorney:
Reporting Secretary:
Sharon Fierro
Aki Irani
Barbara Ryan
William Seligrnann
Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Meyer-Kennedy, seconded by
Commissioner Lowe, the Planning Commission minutes of September
23, 1997, were approved with one minor correction to the vote on page
7. (5-0-0-1; Commissioner Jones abstained.)
COMMUNICATIONS.
There were no communication items.
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
ORAL REQUESTS
There were no oral requests.
Planning Commission Minutes of October 14, 1997 Page 2
PUBLIC HEARING
Chairwoman Keams read Agenda Item No. 1 into the record.
1. UP 97-12
Williams, M.
Public Hearing to consider the application of Mr. Marvin
Williams for approval of a Conditional Use Permit (LIP 97-12)
to allow the construction of a secondary living unit with
attached one-car garage, on property located at 856 Emory
Avenue in an R-l-16 (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:
· The applicant is seeking a Conditional Use Permit for a 640 square foot, secondary living
unit with an attached garage on property at 845 Emory Avenue.
· The lot is surrounded by single family residences.
· Requirements for a secondary living unit include a minimum lot size of 12,000 square feet, a
maximum secondary living unit of 640 square feet and the covenant that the property owner
live in one of the units.
· The proposal is consistent with the General Plan and Zoning for the site as well as the
requirements set forth in the San Tomas Area Neighborhood Plan.
· Setbacks include 25 feet from the main residence, 25 feet from the rear property line and 8
feet on each side of the secondary unit.
· The secondary unit is to be built of materials that match the main residence.
· The applicant met with SARC and was asked to revise their design. The applicant did so and
SARC reviewed the revised drawings at a special meeting held just prior to this evening's
Planning Commission meeting.
· Staff finds the project compatible and recommends approval. Staff clarified that the final
Condition of Approval will need a heading reading "Building Department" as they will
ensure enforcement of that Condition rather than Public Works.
Commissioner Gibbons had questions regarding the driveways, both existing and proposed.
Ms. Barbara Ryan advised that there is currently a dirt driveway. The applicant has obtained an
encroachment permit from Public Works to install two driveways.
Ms. Sharon Fierro advised that either an asphalt or concrete driveway is required under the
Municipal Code.
Commissioner Lowe presented the Site and Architectural Review Committee report as follows:
· SARC met on September 25, 1997, and found the project to be too large.
· The applicant changed his project per SARC's recommendations.
· SARC recommends approval of the revised plans.
Planning Commission Minutes of October 14, 1997 Page 3
Chairwoman Keams opened the Public Hearing for Agenda Item No. 1.
Mr. Marvin Williams, Applicant, 856 Emory Avenue:
· Advised that the driveways will be installed in concrete.
Commissioner Gibbons asked Mr. Williams whether he was clear that a covenant will be
required that requires the property's owner to reside on the premises.
Mr. Marvin Williams advised Commissioner Gibbons that he was aware of this requirement.
Chairwoman Keams closed the Public Hearing for Agenda Item No. 1.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Gibbons,
the Planning Commission adopted Resolution No. 3124 approving a
Conditional Use Permit (UP 97-10) to allow a secondary living unit on
property located at 856 Emory Avenue, 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. 2 into the record:
2. SA 97-33
Cai Neon Signs
Hearing to consider the application of Cal Neon Signs, on
behalf of Walgreen Co., for approval of a Sign Application (SA
97-33) to allow additional signs for an existing retail business
(Walgreens) 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.
Commissioner Lindstrom advised the Commission that he would have to withdraw from this
item as his wife works for Walgreens. He left the meeting.
Ms. Aki Irani, Planner I, presented the staff report as follows:
· The applicants are seeking a sign exception to modify their sign program and to allow two
additional signs.
· This business is located within the Gateway Shopping Center at Hamilton and Winchester.
· The two proposed wall signs would read "Open 24 Hours." One would be placed on the
western elevation facing Winchester. The other would be placed on the northern elevation
facing Hamilton.
· The signs are proposed to be individual red channel letters with bronze returns.
Planning Commission Minutes of October 14, 1997 Page 4
· In reviewing the site, staff has found that some signs on site are not in compliance with the
approved sign program. The approved program allowed five signs for a total of 206 square
feet. The signs on site total six with 239 square feet in signage. There are no approvals for
the "l-Hour Photo" and the "Pharmacy Drive Thru" signs. This represents 33 square feet of
signage in excess of the approved program.
· A 14.8 square foot sign on the western elevation reading "Liquor" was removed and replaced
with a 21 square foot sign reading "l-Hour Photo."
· Walgreens is asking to retain the "l-Hour Photo" sign as well as adding two "Open 24
Hours" signs. Total signage, if approved, would be 263 square feet.
· This amount of signage would represent 109% of the linear business frontage while the
standard is up to 65% of the linear frontage.
· Staff is not supportive of the applicant's request.
· Staff would support one "Open 24 Hours" sign to replace the "l-Hour Photo" sign. This
would not change the number of signs allowed under the approved sign program while it
would increase the square footage by 11. The "Drive-Thru" sign would have to be removed
or reduced to less that 6 square feet to qualify as a directional sign allowable under the Sign
Ordinance.
· Staff also recommends that should this Modified Sign Program be approved, the condition be
added to have the applicants install the four trees required when a Use Permit was recently
approved for 24-hour operation. The required trees have yet to be installed. The trees should
be installed before the signs are installed.
Commissioner Gibbons asked if the application has acknowledged that the previous Conditions
of Approval have not yet been met? They still want to proceed with their request despite staff's
recommendations?
Ms. Aki Irani replied that the applicant has acknowledged that the trees have not yet been
installed.
Commissioner Lowe presented the Site and Architectural Review Committee report as follows:
· SARC met and reviewed this request and suggested that the "l-Hour Photo" with "Open 24
Hours."
· SARC feels that seven signs are way over the limit.
· SARC is not supportive of this application.
Mr. Craig Maynard, Cal Neon Signs:
· Thanked Planner Aki Irani for her work on this project.
· Advised that he had reviewed the compromise with Walgreens.
· Walgreens feels that 24-hour operation is an important aspect of their business.
· Since they began 24-hour operation, business has been slower than other Walgreens open 24
hours. Once they put up a temporary banner, business picked up considerably.
Commissioner Gibbons:
Planning Commission Minutes of October 14, 1997 Page 5
· Stated that Walgreens management had made a lot of commitments to the Planning
Commission when they sought their Use Permit for 24-hour operation and the elimination of
liquor sales.
· They have not complied which is a disservice.
· They now have a record of non-compliance with Conditions of Approval.
· Stated that she has no confidence that they would comply with any Conditions imposed for
this sign application.
· There are three options:
1. Table the matter until Walgreens deletes the illegal signs and plants the required trees.
2. Approve as staff has recommended, despite the fact that she has no confidence that
they will comply with the conditions of approval.
3. Turn the application down.
Commissioner Lowe stated that he concurs with Commission Gibbons and recommends denying
the application based upon previous lack of compliance.
Commissioner Jones agreed with this position.
Commissioner Gibbons asked City Attorney Seligrnann whether the Commission can prevent
this application from being resubmitted until the previous Conditions have been met?
City Attorney Seligmann advised that the Commission cannot condition a denial.
Commissioner Lowe suggested a denial based upon the fact that the proposed signage greatly
exceeds the Sign Ordinance.
Commissioner Meyer-Kennedy stated that she agreed.
City Attorney William Seligrnann suggested additional findings:
1. The store is located on a prominent intersection with signage that adequately identifies itself.
2. The proposed signage is in excess of the signage allowed under the Sign Ordinance.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Gibbons,
the Planning Commission denied Sign Application (SA 97-33) for a sign
exception to allow additional signage on property located at 1660 Winchester
Boulevard in a C-1-S (Neighborhood Commercial) Zoning District. (5-0-0-1;
Commissioner Lindstrom withdrew and did not vote on this application due
to a conflict.)
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Mr. Steve Piasecki, Community Development Director, was accepted as
presented. Senior Planner Sharon Fierro added:
Planning Commission Minutes of October 14, 1997 Page 6
· Advised that Steve Piasecki is currently in Monterey at a Planners Conference where he is
part of a panel making the presentation, "How to Update a General Plan on a Shoestring."
Commissioner Gibbons asked for copies of the previous City Council and Planning Commission
minutes which pertain to discussions of the Winchester Drive-In Site and that they be provided to
the Commissioners by Friday, October 17th. She added that any information that the
Commissioners could get early would be beneficial to their review.
Mr. Taylor Wong, Store Manger, Walgreens, asked to address the Commission:
· Advised that the property managers do not want to install the trees for fear that they will
block visibility of Kinko's.
· Advised that the pharmacy drive-thru sign will be reduced to less than 6 square feet.
· Stated that they are not dishonorable and will do their best to be in compliance with City
regulations.
ADJOURNMENT
The Planning Commission meeting adjourned at 8:35 p.m. to the Planning Commission meeting
of October 28, 1997, in the Council Chambers, City Hall, 70 North First Street, Campbell,
California.
SUBMITTED BY:
APPROVED BY:
ATTEST:
Corinne . Shinn, Recordi Secretary
Susfan'~. Ke"ams, Chai~ o
Sharon Fierro, Acting Secretary