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PC Min 02/27/1996CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY FEBRUARY 27, 1996 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of February 27, 1996, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Acting Chair Kearns, and the following proceedings were had, to wit: Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Mel Lindstrom Susan A. Kearns I. Alne Brad Jones Dennis Lowe Jane Meyer-Kennedy Commissioners Absent: None Staff Present: Community Development Director: Steve Piasecki Senior Planner: Darryl M. Jones Planner I: Aki Honda City Attorney: William Seligmann Reporting Secretary: Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Kearns, the Planning Commission minutes of January 23, 1996, were approved with minor corrections (the meeting of February 13, 1996, was canceled). (5-0-0-1; Chairman Lindstrom abstained as he was absent from the January 23rd meeting.) Planning Commission Minutes of February 27, 1996 Page 2 COMMUNICATIONS 1. Additional findings for Agenda Item No. 1. 2. Additional findings and condition of approval for Agenda Item No. 2. 3. Letter requesting continuance for Agenda Item No. 4 AGENDA MODIFICATIONS OR POSTPONEMENTS Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Kearns, the Planning Commission unanimously voted to continue Agenda Item No. 4 (M 95-03) to the Planning Commission meeting of March 12, 1996. (6-0) ORAL REOUESTS: There were no oral requests. PUBLIC HEARING Chairman Lindstrom read Agenda Item No. 1 into the record. 1. UP 96-01 Public Hearing to consider the application of Ms. Afsar Shamlou , on behalf of Jaz Caffe Classico, for approval of a Conditional Use Permit to allow beer and wine sales and live entertainment in conjunction with an existing restaurant located at 2080 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Mr. Darryl Jones, Senior Planner, presented the staff report as follows: · Applicant is seeking a Conditional Use Permit to allow on-sale beer and wine sales and live entertainment in conjunction with an existing restaurant. · Restaurant consists of 1,200 square feet of space in a building approved in August 1988. · Proposed use is consistent with the C-2-S (General Commercial) Zoning and is incidental to the primary (restaurant) use. Restaurant sells sandwiches, salads and coffee. · Applicant proposes live entertainment approximately two to three times per month for two to three hours (from 7 to 10 p.m.). · No changes are proposed for the exterior of the building and no additional parking is required. · Staff has added four additional findings to the report as required for the beer and wine and live entertainment uses. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 1. Mr. Patrick Murphy,. 1084 Arroyo Seco Drive, Campbell: · Has concerns regarding this application. Planning Commission Minutes of February 27, 1996 Page 3 · His home is located nearby. · Advised the Commission that the location map that accompanied the hearing notice was incorrectly marked. Asked how the staff reached its findings. Mr. Darryl Jones responded that part of the review process is consideration by the Campbell Police Department of any impacts a beer and wine use might have. Police had not received significant complaints for the general area. Commissioner Alne clarified that the findings at this point are proposed findings and will not be deemed final until the Commission adopts them. Ms. Karen Kay, 1085 Arroyo Seco Drive, Campbell: · Denny's patrons often cause a loud "ruckus" in the early morning hours. · She and her neighbors have constantly called police regarding Denny's patrons who are fighting. · People park on Arroyo Seco and sleep in their cars. This happens often and is apparently not illegal. Mr. Patrick Murphy, 1084 Arroyo Seco Drive, continued: · Advised that he and his neighbors continuously find empty beer bottles on their street. · Within the past few weeks, a neighbor's fence was broken due to a couple (who had patronized Denny's) sitting on it. · He is not asking that the liquor license be denied but that the Commission consider the matter further. · Advised that he has been a resident of Campbell since 1960. Commissioner Alne advised that he sees two issues here. One is enforcement. The Planning Commission has little authority regarding police enforcement. The second issue, to consider whether the granting of a beer and wine license for this facility will be contrary to the immediate area. Asked Mr. Murphy and Ms. Kay to outline what specific features of the applicant's business cause them to believe that a beer and wine license should not be approved. Ms. Karen Kay asked for darification that the findings are still not finalized if the Commission is given adequate reason to doubt their accuracy. Commissioner Alne advised that these findings are required findings. If the Commission cannot assert that they are true findings, the application must be denied. If the findings are found to be true, the application is approved. City Attorney William Seligrnann added that if the findings are not substantiated than additional conditions of approval are added to make the findings true. Planning Commission Minutes of February 27, 1996 Page 4 Chairman Lindstrom stated that with this application an established business is seeking to add beer and wine service with their existing restaurant use. Problems appear to already exist in the surrounding area which are not connected to this applicant's business. It must be determined that this particular use will increase the existing problems in the area. The Commission must look at this request in a different manner. Mr. Patrick Murphy added: · That he is not insensitive to the business owner's request. · Asked why the issue of live entertainment was not included on the notice they received. Chairman Lindstrom advised that City staff will look into the problems they have described. Commissioner Lowe asked what criteria was used to determine what number represents an over-concentration of liquor establishments in an area. Mr. Darryl Jones advised that the City does not have a specific number but that the Alcohol Beverage Control (ABC) Agency does. Based upon input from the Police Department and ABC, staff makes a determination regarding over concentration. Commissioner Lowe asked if Denny's has a bar? Mr. Patrick Murphy responded that they did. Mr. Steve Piasecki, Community Development Director, advised the Commissioner that Mr. Murphy and Ms. Kay are making a good point about the notice that was mailed. Upon quick review of the file copy, it is true that the live entertainment aspect of this application was inadvertently omitted. Suggested that the Commission continue this item to allow proper re-noticing. Commissioner Alne advised: · The proposed use is compatible with the neighborhood. · City Departments have no objection, including Police. · There does not appear to have been a history in this area to justify denying this request. · Police, when reviewing the application, considers arrest records for the area and the number of calls. It appears that there is a low level of disturbances in the area and therefore no indication of previous trouble. · Lack of notification regarding the live entertainment aspect of this application is a legal flaw which represents the only reason this application needs to be continued. Planning Commission Minutes of February 27, 1996 Page 5 Ms. Karen Kay advised that approximately nine years ago, she and another neighbor called police constantly regarding Denny's and its patrons. This constant contact with police was instrumental in helping to alleviate the problems. Mr. Patrick Murphy: · Announced that he has worked hard to live in Campbell. · At the present time, he feels compelled to place a door club on his front door. · The safety of his family is a big concern. Chairman Lindstrom advised that police enforcement is not a Planning Commission issue but agreed with Mr. Murphy and Ms. Kay that they have expressed legitimate concerns. Commissioner Jones added that he has no objection to a two-week continuance of this item. Mr. Steve Piasecki stated that the applicant should be allowed to address this continuance. Chairman Lindstrom asked if the applicant was present. It was determined that neither the applicant nor a representative was present for this request. Commissioner Alne asked if the omission of live entertainment from the public hearing notice was a "fatal flaw"? City Attorney William Seligmann advised the Commission that it was a substantial issue and therefore merits a continuance. Motion: Upon motion of Commissioner Jones, seconded by Commissioner Lowe, the Planning Commission unanimously voted to continue Agenda Item No. 1 (UP 96-01) to the Planning Commission meeting of March 12, 1996. (6-0) Chairman Lindstrom read Agenda Item No. 2 into the record. 2. UP 96-02 Public Hearing to consider the application of Mr. Omer Uyuklu, on behalf of California College of Communications, for approval of a Conditional Use Permit to allow a vocational computer and language school within an existing office building located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. Planning Commission Minutes of February 27, 1996 Page 6 Ms. Aki Honda, Planner I, presented the staff report as follows: Applicant is seeking a Conditional Use Permit to allow a vocational school to be located at 700 W. Hamilton Avenue. The vocational school offers computerized office and accounting training. This application is the result of a Code Enforcement action. The zoning for the site is C-2-S (General Commercial) and the General Plan designation is Commercial. A commerdal school is compatible and consistent with the General Plan and Zoning designations. This use is for a 2,900 square foot, private school. Hours of operation are from 8 a.m. to 10 p.m. with 40 to 60 students. There is no specific provision for parking for such a use and, therefore, this application has been reviewed similarly to general office use. No additional parking is required. Staff recommends that the Commission adopt a Resolution approving this Use Permit. Commissioner Meyer-Kennedy questioned the requirement for only 13 parking spaces. Ms. Aki Honda responded that parking is based upon the square footage of the use. Commissioner Lowe asked whether the business license approval process generally catches uses requiring a Use Permit before they actually commence business. Also wondered if the City imposes a penalty. Ms. Aki Honda responded that there is no penalty. Commissioner Alne asked what was the issue that brought this use before the City staff as a Code Enforcement issue. Has the school operated in an inappropriate manner? Mr. Steve Piasecki, Community Development Director, informed the Commission that staff does check zoning on new businesses as owners obtain their business licenses. This business owner posted a sign which was seen by staff and which initiated the Code Enforcement action. Commissioner Alne asked if the business owner has been made aware of the City's Sign Ordinance. Mr. Steve Piasecki responded that staff has informed this business owner about sign requirements. Planning Commission Minutes of February 27, 1996 Chairman Lindstrom opened the Public Hearing for Agenda Item No. 2. There were no parties interested in addressing Agenda Item No. 2. Chairman Lindstrom dosed the Public Hearing for Agenda Item No. 2. Page 7 MO~O~ On motion of Commissioner Lowe, seconded by Commissioner Kearns, the Planning Commission moved to adopt Resolution 3018, granting a Conditional Use Permit to allow a vocational computer and language school (California College of Communications) located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None None None This approval is final, unless appealed in writing to the City Clerk within 10 days. Chairman Lindstrom read Agenda Item No. 3 into the record. 3. PD 95-03 Public Hearing to consider the application of Mr. Ahmad Mohazab for approval of a Planned Development Permit to allow the establishment of a service station (three gas pump islands) and a 2,000 square foot convenience store on property located at 921 W. Hamilton Avenue in a PD (Planned Development) Zoning District. Ms. Aki Honda, Planner I, presented the staff report as follows: · This site is located in the northwest coruer of Hamilton Avenue and Marathon Drive. · The service station has been dosed since 1989 and the site will soon receive clearance from the Santa Clara Valley Water District. · The proposed use is compatible with the surrounding area. · Use will include three islands and a 2,000 square foot convenience store. · Hours of operation are from 6 a.m. to 11 p.m. No auto repair will be conducted on site. A minor remodel of the existing exterior is also included. · The existing service bays doors will be replaced with windows. · Of the current four driveways on site, two will be closed off. There will two 30-foot driveways allowing two-way access. Planning Commission Minutes of February 27, 1996 Page 8 Also included is streetscape improvements per the City's Streetscape Standards for Hamilton Avenue. Staff has made the determination that the use will have an insignificant impact on traffic. On-site parking equals 10 spaces and meets the parking requirement. SARC recommends support. Staff recommends that the Commission adopt a Resolution recommending approval. Commissioner Kearns presented the Site and Architectural Review Committee report as follows: · SARC is supportive of this project with the modifications to the Hamilton Avenue landscaping and the proposed driveways. · Applicant is to arrange parking at the northerly property line. · Applicant to install an 8 foot masonry wall next to adjacent residential uses. · Roofing has been broken into three sections to reduce massing. · SARC has asked that the applicant remove the monument sign they had proposed. Chairman Lindstrom asked whether the applicant was supportive of all these changes. Ms. Aki Honda responded that the applicant was supportive. Commissioner Alne asked for more information regarding the sign. Was it a City sign? Commissioner Kearns advised that the applicant had proposed installing a sign (reading "Welcome to Campbell") but it was found to be inappropriate as the site leads out of town rather than into town. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 3. Mr. Ahmad Mohazab, Tecta Associates, Applicant: · Stated that this has been the most reviewed project he has ever handled. · Advised that the proposal before the Commission is far superior to his original submittal. He called it "night and day" from what they started out with. Chairman Lindstrom dosed the Public Hearing for Agenda Item No. 3. MO~O~ On motion of Commissioner Kearns, seconded by Commissioner Meyer-Kennedy, the Planning Commission moved to adopt Resolution 3019, recommending approval of a Planned Planning Commission Minutes of February 27, 1996 Page 9 Development Permit (PD 95-03) to allow the establishment of a service station and convenience store on property located at 921 W. Hamilton Avenue in a PD (Planned Development) Zoning District, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None None None This item will be considered by the City Council at its meeting of March 19, 1996. Mr. Ahmad Mohazab asked for a moment to address the Commission again and stated: · The whole review process undertaken by the City of Campbell now makes sense to him. · He wanted to extend his apologies to Ms. Aki Honda for his negative first reactions to the recommended changes to the project. · The City's process is a good one. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director was accepted as presented with the following additions: · Suggested four possible dates for a Study Session to discuss the Planning Commission's Goals and Objectives for the next fiscal year. The suggested dates were: Monday, March 4th; Wednesday, March 6th; Monday, March llth and Wednesday, March 13th. It was also suggested that the meeting begin earlier in the evening, perhaps 6 p.m. · The format of the meeting will be round table. This will be an open meeting but will be held in the Doetsch Room to fadlitate a round table discussion. · Suggested perhaps beginning earlier in the evening and perhaps including sandwiches. Commissioner Jones stated Wednesdays are better than Mondays for him and that a start time of 6 p.m. is fine. Commissioner Kearns said that March 13th was the best date for her. Commissioner Alne said any of the dates was fine. Commissioner Meyer-Kennedy said she preferred March 6th or 13th. Planning Commission Minutes of February 27, 1996 Page 10 Chairman Lindstrom stated that March 13th at 6 p.m. was good for him. He suggested that Steve Piasecki plan to review the Strategic Plan with them during this Study Session. Commissioner Meyer-Kennedy asked whether there would be an agenda. Mr. Steve Piasecki responded that there would be an agenda. Mr. Darryl M. Jones advised the Commissioners that the SARC meeting of February 29th was cancelled. ADJOURNMENT The Planning Commission meeting adjourned at 8:40 p.m. to the next Planning Commission meeting of March 12, 1996, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITrED BY: APPROVED BY: ATTEST: Co"fi'nne A. Shinn, - Secretary