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PC Min 03/12/1996CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MARCH 12, 1996 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of March 12, 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: Senior Planner: Associate Planner: Planner I: Planner I: City Attorney: Reporting Secretary: Steve Piasecki Darryl M. Jones Tim J. Haley Aki Honda Barbara Schoetz Ryan William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Kearns, seconded by Commissioner Meyer-Kennedy, the Planning Commission minutes of February 27, 1996, were approved with one minor correction to page 5 changing an address from 700 W. Campbell Avenue to 700 W. Hamilton Avenue. (6-0) Planning Commission Minutes of March 12, 1996 Page 2 COMMUNICATIONS 1. Letter from Mrs. Josephine Guerrero in opposition to Agenda Item No. 3. 2. Letter from Mr. Joe Escobar, Escobar Diamonds, regarding Agenda Item No. 4. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REOUESTS: There were no oral requests. PUBLIC HEARING Chairman Lindstrom read Agenda Item No. 1 into the record. 1. UP 96-01 Continued 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 1,200 square foot restaurant located within an existing commercial center. · This request was first considered on February 27, 1996. However, it was continued when it was determined that the 300-foot public notice did not include the request for live entertainment. · The applicant proposes live entertainment two to three times each month and limited to hours between 7 and 11 p.m. Music is not amplified. · These proposed uses do not increase the parking required. Parking is found to be adequate. · Campbell Police reviewed this request. Captain Dave Gullo informed staff that there have been no significant reports of problems in this area. Police had no concerns about the addition of on-sale beer and wine and occasional live entertainment. · The ABC (Alcohol Beverage Control) had received letters of complaint but the complaintants have now withdrawn their complaints per recent contact by staff with ABC. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 1. Ms. Karen Kay, 1085 Arroyo Seco Drive and Ms. Ann Murphy, 1084 Arroyo Seco Drive, Campbell: · With knowledge that additional conditions will be added, they had Plannin~ Commission Minutes of March 12, 1996 Pa~;e 3 withdrawn their letter of objection filed with ABC. They still have concerns about overflow parking needs and the limited parking available on site, six spots with one reserved for handicapped parking. Mr. · · Jack Matthews, 1098 Arroyo Seco Drive: After the bar closes at Denny's (2 a.m.), patrons sit outside and continue drinking, strewing their empties into the street and onto neighboring properties. His front yard fence was recently broken when patrons of Denny's sat on it. Advised that the applicant has agreed with conditions set forth by ABC. Tim Haley advised him that this Use Permit can be reviewed in six months and he was interested in seeing that review process implemented. The agreement includes provisions to restrict sound amplifiers. Dr. Ben Helprin, 1072 El Solyo Avenue: · Has no objection to beer and wine as this is consistent with restaurant uses. · Does have concerns about live entertainment. However, he stated that the limited times per month makes him feel better about live entertainment. · Urged that the frequency of live entertainment performances be limited to twice each month. Commissioner Alne stated that many concerns expressed relate to Denny's patrons rather than to the applicant's restaurant. A six month review is possible if this requirement is inserted into the conditions of approval. Additionally, violations to Use Permit conditions can result in review by the Planning Commission at any time, including failure to comply with conditions. Ms. Ann Murphy, 1084 Arroyo Seco Drive, Campbell: · Has no problem with business as it operates currently. Mr. · · · Richard Shilling, 1115 E1 Solyo: Has lived in his home for 40 years. Does not feel that a nightclub fits in with the residential area. This site borders all residential areas. Ms. Betty Shilling, 1115 El Solyo: · Asked that entertainment be limited to twice a month. Ms. Afsa Shamlou, Applicant: Advised that she herself is a parent of two. She understands the surrounding residents' concerns about their neighborhood. Advised that her business has been at this location for five years. In that time, parking has been adequate to support her business. Planning Commission Minutes of March 12, 1996 Page 4 The music she is proposing does not include big band, disco or concerts. It will be solo soft jazz performed by college music students to offer them an exposure to performing on stage before an audience. Reminded that her business shuts down at 11 p.m. Those people present who are expressing concern about noise are more likely to hear the music from their neighbor's home than from her establishment. The number of times she will have live entertainment will be twice each month. More known musicians are paid which she cannot afford to do. She charges no admission charge. Stated that she has no problem with the restrictions outlined in the conditions of approval nor with a six month review of her Use Permit. The people currently causing problems in the surrounding residential neighborhood are not her patrons. Commissioner Alne asked Ms. Shamlou whether her ABC license would be solely for on-sale beer and wine. Ms. Shamlou responded that that was correct. Commissioner Alne advised that this business would have a problem with ABC if beer and wine leaves her establishment. Ms. Shamlou agreed with Commissioner Alne. She added that the problem is with 24-hour businesses such as Denny's. Her business doses at 11 p.m. Chairman Lindstrom closed Public Hearing No. 1. Commissioner Kearns sought clarification regarding amplification. Mr. Darryl Jones replied that the conditions of approval include a provision that allows no amplification. Commissioner Kearns added that she is in favor of a six month review. Commissioner Lowe stated that he would support a restriction in the number of times each month live entertainment would be allowed. Commissioner Meyer-Kennedy admitted that she has a problem with restricting the number of times live entertainment is allowed to twice per month. Commissioner Lowe mentioned that apparently the applicant has already agreed to this condition and directly questioned the applicant, Ms. Shamlou. Planning Commission Minutes of March 12, 1996 Page 5 Ms. Shamlou responded that she has no problem with the restriction but would like some flexibility. In one month, she might have one live performance while in the next month she might have three. She also asked whether the Commission could restrict the volume rather than eliminating the possibility of amplification. Chairman Lindstrom reopened the Public Hearing for Agenda Item No. 1. Mr. Jack Matthews, 1098 Arroyo Seco Drive: · Ms. Shamlou has already sign a letter of intent prepared by ABC which states she is willing to comply with restrictions on number of performances and lack of amplification. City Attorney William Seligmann advised that these factors must be covered in the conditions of approval and Planning Commission resolution in order to be enforced by the City of Campbell. Mr. Jack Matthews suggested that the music "not be audible beyond the area under control of the licensee. Mr. Steve Piasecki, Community Development Director, suggested adding language to condition number 4 to read, "live entertainment shall not be audible from beyond the property line." Chairman Lindstrom dosed Public Hearing No. 1 a second time. Commissioner Alne stated that a compromise needs to be reached. The applicant has no right to disrupt the local residential uses any more than the residential property owners have a right to restrict a legal business operation. He does not believe that the music as proposed will disrupt the area residents. Advised that he will be supporting this application with the conditions of approval. Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lowe, the Planning Commission moved to adopt Resolution 3020, granting a Conditional Use Permit to allow a beer and wine license and live entertainment in conjunction with an existing restaurant (Jaz Caffe Classico) located at 2080 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District, with the added language to condition number 4, "Music shall not be audible beyond the property line," and with the added condition requiring a six month review of the use, by the following roll-call vote: AYES: NOES: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None Planning Commission Minutes of March 12, 1996 Page 6 ABSENT: None ABSTAIN: None Mr. Steve Piasecki advised the audience that this item is final unless an appeal is filed with the City Clerk's Office within 10 days. Chairman Lindstrom read Agenda Item No. 2 into the record. 2. UP 96-03 Public Hearing to consider the application of Mr. Mike Salvador for approval of a Conditional Use Permit to allow the establishment of a tanning salon on property located at 531 E. Campbell Avenue in a PD (Planned Development) Zoning District. Ms. Barbara Ryan, Planner I, presented the staff report as follows: · Applicant is seeking a Use Permit to establish a tanning salon at Lloyd's Square Shopping Center in a space previously occupied by Try It All Sports. · The space is 3,000 square feet in which the applicant plans to install 10 tanning booths, later to expand to 12. · Additionally, retail sales of swim suits and lotion products will be available. · Business will include four employees. · Hours of operation are: 8 a.m. to 10 p.m. - Mm~ay through Friday; 9 a.m. to 7 p.m. on Saturday and 9 a.m. to 5 p.m. on Sunday. · The site includes 88 parking spaces which staff finds adequate and which has adequately served the site to date. · Required parking ratio for this business is the same as for the previous tenant. · Campbell Police has reviewed this application and has no conditions of approval except that no massage services are permitted at this business. · This project is exempt and therefore no environmental action is required. · Staff recommends approval. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 2. Commissioner Kearns brought to the Commission's attention that findings two and three are the same. Is there a replacement for one of these findings? Ms. Barbara Ryan replied that the duplicate finding should be removed and that there is no replacement finding required. Mr. Mike Salvador, Applicant: · Advised the Commission that he owns the hair salon, Campbell Rage, which Planning Commission Minutes of March 12, 1996 Page 7 is also on E. Campbell Avenue, across the street from this proposed tanning salon site. He has friends in the tanning business. There is money to be made in this business. This is a big, beautiful building space and his use will provide an improvement to the building and area, bringing in new people to the shopping center and Campbell area. Parking for the site is perfect. City Attorney William Seligmann stated that a replacement for finding number 3 should read, "The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area." Chairman Lindstrom dosed the Public Hearing for Agenda Item No. 2. MO~O~ On motion of Commissioner Lowe, seconded by Commissioner Jones, the Planning Commission moved to adopt Resolution 3021, granting a Conditional Use Permit to allow the establishment of a tanning salon on property located at 531 E. Campbell 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 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. M 96-02 Public Hearing to consider the application of P-Com for a Modification to a Site and Architectural Approval to allow the construction of an 8-foot wide and 28-foot high liquid nitrogen tank at the rear of the building on property located at 3175 S. Winchester Boulevard in a PD (Planned Development) Zoning District. Ms. Aid Honda, Planner I, presented the staff report as follows: · Applicant is seeking to install a 6,000 gallon liquid nitrogen tank. · Tank will occupy space currently containing two parking spaces. Planning Commission Minutes of March 12, 1996 Page 8 Tank is 8 feet in diameter and 27.5 feet high. Currently P-Com, a Research & Development company, utilizes many small tanks and they wish to consolidate to one tank. The General Plan designation for the site is Commercial. The Zoning is PD (Planned Development). An R&D facility is a consistent use for this site. The applicant feels that the installation of this tank is critical to their company, which develops radio products. There are no pumps to the tank and no noise associated with the use of this tank. The tank operates using natural gravity. The tank will be painted to match the building. P-Com has submitted pictures taken from the adjacent condominium complex. Staff is recommending additional landscaping to further screen this tank from the residential properties next door. Staff proposes that the applicant use one parking space adjacent to the proposed tank and install additional landscaping. Additionally, staff recommends the planting of additional trees along the northerly and westerly property lines adjacent to residential properties. Parking on site currently includes 249 spaces. With the use of three spaces, parking is reduced to 246 which meets the parking standard. SARC is supportive of this proposed use but does not wish to require the elimination of the third parking space for use to add landscaping. Staff recommends approval. Representatives from Central Fire and from P-Com are available for any questions. Commissioner Lowe asked how many deliveries would be made to the site. Ms. Aki Honda responded that deliveries would be made two to three times per month. Commissioner Lowe asked how many deliveries are being made at the present time. Ms. Aki Honda replied that P-Com currently receives one to two deliveries each day to refill the small tanks. Commissioner Lowe asked what size vehicles would be used to deliver the liquid nitrogen, a forty foot truck? Also was there adequate space on site for the trucks to safely make deliveries. Ms. Aki Honda replied that following a review by the Traffic Engineer, no conditions were imposed. Planning Commission Minutes of March 12, 1996 Pa~e 9 Mr. Steve Gubber, Central Fire District: · Introduced himself and made himself available for questions. Commissioner Lowe asked whether this material can explode. Mr. Steve Gubber, Central Fire District: · The air we breathe is comprised of 70% nitrogen. · Nitrogen is an inert gas that is non-toxic and non-flammable. · There is little chance of rupture. Commissioner Lowe asked whether Fire had any concerns about circulation on site if a delivery truck is there. Mr. Steve Gubber responded that there was no problem with access to the site. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 3. Mr. Robert Wood, 471 Chapman: · Still has questions regarding the possibility of a rupture in this tank. · What safeguards will be in place? How safe during an earthquake? · Added that the six foot fence will not hide this eyesore from the residences. Ms. Laura Johnson, 452 Hacienda Avenue: · Has an environmental impact study been done? · Will this tank be bolted? · What are the earthquake precautions? · If damages caused by this tank, who is responsible? · Why not two smaller tanks? · This will be unsightly. · Concerned about property values. Commissioner Kearns presented the Site and Architectural Review Committee report as follows: · SARC is supportive of this application with the elimination of the condition of approval calling for the use of a third parking space for landscaping use. Commissioner Lowe asked for clarification that the tank will be painted to match the building. Commissioner Kearns advised that the tank would be painted to match the building. Mr. Brett Catterall, P-Com, Applicant: · If liquid nitrogen leaks, it goes into the atmosphere. Planning Commission Minutes of March 12, 1996 Page 10 Currently P-Com utilizes 80 to 90 smaller tanks which have to be delivered each day and each of which weighs about 60 pounds. These small tanks experience condensation which leaves moisture on the floor. The pad on which this tank will be installed will meet UBC-5 Code. Apparently there are 500 to 700 such tanks in Santa Clara County and to his knowledge there have been no inddents during previous earthquakes. Disagrees with need for turning parking spot adjacent to proposed tank site into a planter. There are already a suffident number of trees shielding this tank from the townhomes next door. P-Corn is willing to install any additional landscaping deemed necessary. Commissioner Alne suggested that Mr. Catterall explain the design of the tank to alleviate fears about possible rupture. Mr. Brett Catterall advised that the tank design incorporates a tank within another tank, so designed to keep the liquid nitrogen at its proper temperature. Mr. Robert Dougherty, American Welding Supply: · Advised that he is the supplier of P-Corn's liquid nitrogen. · Made himself available for any questions. Chairman Lindstrom clarified that an outer tank contains an inner tank which actually contains the liquid nitrogen. Ms. Laura Johnson asked why the tank had to be so high and whether the tank could explode. Mr. Brett Catterall responded by stating that the risk of explosion is no greater than the risk of a bicycle tire exploding. Mr. Steve Gubber, Central Fire: · Advised that as the Senior Hazardous Materials Expert with Central Fire, it is his job to make sure the tank is safely installed. · Safety relief valves and proper labeling will be in place on this tank. · Assures that this is a benign installation. Chairman Lindstrom asked whether there is risk of explosion. Mr. Steve Gubber replied: · Safety valves would operate. · Worse possible scenario, the liquid nitrogen would evaporate into the air. · If the liquid nitrogen happens to reach the water of the peculation ponds, there could be ice skating in summer. Planning Commission Minutes of March 12, 1996 Page 11 Commissioner Alne used the analogy of a tea kettle. A kettle boils upon the water reaching 212 degrees. Once it boils, it lets off steam to keep the temperature of 212 degrees. Likewise, if the liquid nitrogen tank ruptures to allow heat near the inner tank, valves open to maintain the necessary -320 degrees. Mr. Brett Catterall invited any interested neighbors to visit P-Com to visit the site and see their operation. Ms. Laura Johnson stated that this tank does not improve her property value. Chairman Lindstrom dosed the Public Hearing for Agenda Item No. 3. MO~O~ On motion of Commissioner Lowe, seconded by Commissioner Alne, the Planning Commission moved to adopt Resolution 3022 approving the construction of a liquid nitrogen tankzt the rear of the building on property located at 3175 S. Winchester Boulevard 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 Mr. Steve Piasecki advised the audience that this approval is final unless appealed in writing to the City Clerk within 10 days. Chairman Lindstrom read Agenda Item No. 4 into the record. 4. GP 96-01/ ZC 96-01 Public Hearing to consider the City-initiated General Plan Amendment (GP 96-01) from Commercial to Low/Medium Density Residential (6-13 units per gross acre) and a Zone Change (ZC 96-01) from C-1-S (Neighborhood Commercial) to R-M (Multiple Family Residential) for seven lots located at 430-449 Harrison Avenue and 430 N. Central Avenue. Ms. Barbara Ryan, Planner I, presented the staff report as follows: · This City-initiated change for seven parcels began with a request for a small residential addition from the owner of 431 Harrison Avenue. Due to this parcel's zoning, a residential addition is not permitted. This zoning situation also exists for six other residences in this area. · While these seven lots are zoned Commercial, the lots are developed with Planning; Commission Minutes of March 12, 1996 Pa~;e 12 single-family residences. Since the City was incorporated in 1952, traffic has increased in the area and a light was installed at Central & Hamilton which has changed the character of the area. Harrison is a quiet residential area. The possibility of viable commerdal traffic on Harrison Avenue is not high. Therefore the need for commerdal zoning is not there. Currently, the General Plan requires that any commercial development front on Hamilton Avenue. In order to develop any of these properties on Harrison as a commercial use, a lot would need to be combined with a property fironting on Hamilton Avenue. For example, the property adjacent to Escobar Diamonds would have to be combined with Escobar Diamonds and the sites developed together. Staff's first recommendation is to change the General Plan and Zoning of these seven lots to match the other parcels on the block. Staff's second recommendation is that the Planning Commission recommend that the City Council instruct staff to explore alternatives and return with recommendations. There are no negative impacts identified. Staff recommends approval of a Negative Declaration. Chairman Lindstrom asked whether there were any mitigation measures required for the Negative Declaration. Ms. Barbara Ryan responded that the changes would create a less intense use. Chairman Lindstrom asked whether there are any alternatives. Ms. Barbara Ryan answered that the seven proposed parcels can be changed at this time and the remainder of the area in the future. Commissioner Alne asked whether the owners of 431 Harrison are just now realizing the non-conforming status of their lot. Ms. Barbara Ryan said that this is the first time that these particular property owners investigated a home addition. Commissioner Alne stated that he found it unfair that one property owner's needs is impacting all the others in the area on just four weeks notice. Barbara Ryan suggested that a viable commerdal study of the area is needed. Mr. Steve Piasecki advised that to develop these properties, the owner would need to file a Planned Development. Existing General Plan guidelines limit commercial development to those properties that can be combined with a Planning Commission Minutes of March 12, 1996 Page 13 property fronting onto Hamilton Avenue. Most of the sites in this area cannot. Chairman Lindstrom asked if the property adjacent to Escobar Diamonds could only be developed in conjunction with Escobar Diamonds. Mr. Steve Piasecki responded that this was true. These General Plan guidelines were adopted in 1990. Chairman Lindstrom asked whether this provision impacted the property directly behind Wheel Away also. Mr. Steve Piasecki responded that it did. Commissioner Alne asked what the rational came from to create such a General Plan provision that precluded property owners from using their property as it was zoned. Mr. Steve Piasecki replied that it was the City's plan. The City does not want commercial development on residential streets in a piecemeal fashion. Combining properties with property fronting on Hamilton Avenue frontage was desired. Under the existing General Plan requirements, the property directly adjacent to Escobar Diamonds cannot be developed as an individual commercial site. The only way it could be developed commercially is to combine it with the use at the Escobar Diamond site. Chairman Lindstrom asked Mr. Piasecki whether the property owner at 431 Harrison was unable to make any additions to the residence under the current zoning. Mr. Steve Piasecki said that was correct. Commissioner Meyer-Kennedy asked whether the property owner of 431 was aware of these restrictions when they purchased their home. Mr. Steve Piasecki responded that he would defer this question to that property owner, if that person was present. Chairman Lindstrom opened Public Hearing No. 4. Karen Fisher, 438 Harrison Avenue: · Announced that she has owned her home on Harrison for 17 years. · She objects to the re-zoning of her property. · One of the attractions when she bought her property was the commercial zoning. Planning Commission Minutes of March 12, 1996 Page 14 She has plans to establish a small school in the future on this site. A zone change would impact her plan for this school and therefore impact her financially. Asks that zoning be left commercial. Likes the character of the neighborhood. Does not see why someone new to the area should impact that area so dramatically by seeking to change the zoning for everyone. Ms. Jennifer Davis, 431 Harrison: · Advised that she had purchased her home in July, 1995. · Most cities have provisions for the modification of non-conforming property. Campbell does not. · When she came to see what could be done with her property, she was informed by Planning staff that the City was considering a rezoning of the area and to wait for that to be accomplished. To wait would save her about $3,200 in fees. · Does not believe that she should be penalized simply because she is the "new kid on the block." · Her new home is small, one bedroom with one bath and approximately 1,000 square feet of living space. She wants to improve this home. Commissioner Lowe inquired whether Ms. Fisher would be able to obtain a Use Permit for her school even with the rezoning of her property. Mr. Steve Piasecki responded that a day care for fewer than six children did not require a Use Permit. A day care program with six to twelve children requires a Use Permit. Commissioner Lowe asked if a school was included. Mr. Steve Piasecki responded that a commercial school is not permitted within a residential zone. Commissioner Lowe asked why the difference. Mr. Steve Piasecki responded that the State pre-empts local regulations as they pertain to child care. All cities are required to accommodate day care facilities. Commercial schools, on the other hand, generate traffic. Commissioner Jones asked whether the lot at 431 Harrison could be rezoned independent of the other six. Mr. Steve Piasecki responded that it could. Planning Commission Minutes of March 12, 1996 Page 15 Commissioner asked the address of the site seeking the school. She answered her own question, 438. Mr. Steve Piasecki advised again that Ms. Fisher's options to develop a commercial school have already been pre-empted due to the development of the Escobar site and the requirements under the General Plan that any interior sites developed commercial be connected to a lot fronted on Hamilton. Commissioner Alne stated: · That he thinks a fairness test is needed. · The houses on this block predate the City. Expectations vary from parcel to parcel. Situation is such that each property owner should be able to do what they want to do with their property. · Cannot support a change which limits a property owner's options. · Other dties have provisions for non-conforming properties. Chairman Lindstrom dosed the Public Hearing for Agenda Item No. 4. Commissioner Kearns stated that it appears that the property owner of 438 Harrison has already been pre-empted in her right to develop her property for a commerdal use even if nothing is done to rezone the area. Chairman Lindstrom asked Mr. Piasecki whether this item would be forwarded to City Council. Mr. Steve Piasecki replied that this matter would be forwarded to Council for final action. Chairman Lindstrom recommended a possibility to not change the zoning but rather have staff explore other alternatives. Commissioner Alne agreed that staff should look at alternatives that will allow both property owners to do what they want to do with their respective properties. MO~O~ On motion of Commissioner Jones, seconded by Commissioner Alne, the Planning Commission moved to adopt a Resolution recommending the rezoning of property located at 431 Harrison Avenue from C-1-S to RM and to direct staff to explore alternatives for the other six lots. Commissioner Lowe interjected that the Commission is not doing its job correctly if they allow everyone to do exactly what they want to do. The Commission needs to follow staff recommendation to standardize the zoning. Planning Commission Minutes of March 12, 1996 Page 16 Commissioner Kearns added that she concurred with Commissioner Lowe. Commissioner Lowe continued that the property owner who wants to set up a school still can't do so due to the provision already outlined in the General Plan. Commissioner Meyer-Kennedy added that only properties that can be developed in conjunction with lots fronting on Hamilton can be developed commercially. Commissioner Alne stated both the property owner seeking to add to her home and the property owner who wants to set up a school on her lot should be able to do so. Chairman Lindstrom reiterated that the school use, under current requirements of the General Plan, cannot be developed. Chairman Lindstrom suggested that Commissioner Jones rescind his motion. Commissioner Jones asked how long a process before the owner of 431 would be allowed to improve her residence. Mr. Steve Piasecki advised the Commission that it had three options: 1. Change the zoning for 431 Harrison Avenue and study the rest of the area. 2. Adopt staff's recommendation to rezone the seven lots and adopt a General Plan amendment, forward this recommendation to Council and study the neighborhood further. 3. Do nothing. Commissioner Meyer-Kennedy suggested that the Commission might consider forwarding the zone change for 431 Harrison and study the rest of the area further. Commissioner Alne said that he would like to see the property owner of 431 being able to expand her residence and 438 to develop her school in the future. Commissioner Lowe restated that there is no way the school can go in at this location. Chairman Lindstrom reopened the Public Hearing for Agenda Item No. 4. Ms. Karen Nestle, 430 Central Avenue: · Wants to see the zoning change to residential. · Does not want to be told that she cannot add to her home which she just recently purchased from the original owner. · It would be nice to be able to add on to her home. Planning Commission Minutes of March 12, 1996 Page 17 Commissioner Lowe asked whether she is in favor of a zoning change. Ms. Karen Nestle replied that she was. Chairman Lindstrom again closed the Public Hearing for Agenda Item No. 4. Chairman Lindstrom announced that he agrees with Commissioner Lowe. It does not make sense to do just one zone change. Recommends that the Commission follow the staff recommendation. MO~O~ On motion of Commissioner Jones, seconded by Commissioner /kine, the Planning Commission moved to recommend that the City Council approve a zone change for 431 Harrison Avenue from C-1-S to R-M, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Meyer-Kennedy Kearns, Lindstrom, Lowe None None There was no majority. MO~O~ On motion of Commissioner Kearns, seconded by Commissioner Lowe, the Planning Commission moved to recommend that the City Council approve a zone change for the seven lots (430-449 Harrison Avenue and 430 N. Central Avenue) from C-1-S to R-M and a General Plan Amendment to change these lots from Commercial to Low/Medium Density Residential, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Kearns, Lindstrom, Lowe Alne, Jones, Meyer-Kennedy None None Again, there was no majority. City Attorney William Seligmann advised Chairman Lindstrom that the Commission needs a motion to forward this item to the City Council without a recommendation from the Planning Commission. Commissioner Lowe emphatically stated that he did not understand why the Planning Commission does not agree to change the zone to match the provisions already existing in the General Plan. Planning Commission Minutes of March 12, 1996 Page 18 Commissioner Alne asked, "No school?" Mr. Steve Piasecki advised, no, the property must front on Hamilton. Commissioner Alne suggested leaving the site commercial to allow for the school and to change 431 Harrison to allow the residential addition. Mr. Steve Piasecki advised that this zoning difficulty pre-dates the City. In 1989 the City tried to establish an orderly development of the neighborhood. A bigger study will come back to the Planning Commission at a later date. Chairman Lindstrom asked whether a variance was a possibility in the future to allow the school. Suggested asking Council to rezone all seven lots and explore the rest of the area. The Commission has a duty to proceed. Mr. Steve Piasecki advised that they can make a motion that the Commission is deadlocked and forward this item to the City Council without a recommendation. City Attorney William Seligmann offered another suggestion, that this matter be sent back to staff and the matter continued. Or send the matter to the City Council without recommendation. Commissioner Lowe stated that the Commission is shucking their responsibility if it sends this matter back to staff. Commissioner Jones asked what is the quickest method to allow homeowners to expand their homes. Suggested that the decision that allows the property owners to move forward be made. MO~O~ On motion of Commissioner Lowe, seconded by Commissioner Kearns, the Planning Commission again moved to recommend that the City Council approve a zone change for the seven lots (430- 449 Harrison Avenue and 430 N. Central Avenue) from C-1-S to R- M and a General Plan Amendment to change these lots from Commercial to Low/Medium Density Residential, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None None None This matter will be considered by the City Council at its meeting of April 16, 1996. Planning Commission Minutes of March 12, 1996 Pase 19 Chairman Lindstrom read Agenda Item No. 5 into the record: 5. M 96-01 Public Hearing to consider the application of Mr. John Kirkorian, on behalf of Kirkorian Enterprises, L.L.C., for a Modification (Site Approval S 95-02) to allow the deletion of a decorative driveway treatment on property located at 75 S. San Tomas Aquino Road in a C-1-S (Neighborhood Commercial) Zoning District. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · This item was continued from the meeting of February 27, 1996, at the request of the applicant. · This project was approved by the Planning Commission at its meeting of April 11, 1995, for the remodel of Kirkwood Plaza. · One feature of this remodel was the inclusion of two decorative driveways. · At this time, the applicant is asking that the requirement to install the second of these driveways be removed from the project. · The applicant has expressed two concerns about the decorative driveway treatment. First, the driveway shows traffic wear and, second, the driveway is costly to install. · Staff recommends denial of this request. The decorative driveways enhance the appearance of the project, announce the entryways and reduce the asphalt appearance. It is also believed that the change in paving materials serves to slow down traffic. Commissioner Lowe asked if all the driveways on site are the same. Mr. Tim J. Haley replied that currently only one driveway on the project is a decorative one. Commissioner Alne asked who required the driveways in the first place. Staff or the applicant. Mr. Tim J. Haley answered that the decorative driveways was a design feature presented on the applicant's original proposal. Commissioner Alne asked why the applicant wants to remove this driveway at this time. Mr. Tim J. Haley suggested that the applicant, Mr. John Kirkorian, respond to Commission Alne's question. Commissioner Kearns asked the depth of the driveway. Planning Commission Minutes of March 12, 1996 Page 20 Mr. Tim J. Haley replied that the depth is 20 to 25 feet. Mr. John Kirkorian, Applicant: Thanked the Commission for allow a continuance from the last meeting. It was his wedding anniversary. Advised that the reasons to eliminate the second decorative driveway were that the materials stain despite weekly steam cleaning. Additionally there are other design features (Clarke's patio and a pedestrian walkway) to help break up the asphalt appearance of the parking lot. No one really notices these decorative driveways. They would rather use the money for landscaping and other site improvements. Commissioner Alne asked what information has changed since the initial design to change their mind about this driveway. Mr. John Kirkorian responded that once the first driveway was installed they realized that they did not like the end result. Commissioner Alne asked whether Mr. Kirkorian disagreed with the staff position. Mr. John Kirkorian responded that he did disagree with staff about the need for this decorative driveway. MO~O~ On motion of Commissioner Alne, seconded by Commissioner Meyer-Kennedy, the Planning Commission unanimously moved to deny the applicant's request for a Modification to eliminate the requirement to install a decorative driveway at the Kirkwood Plaza Shopping Center entrance located at 75 S. San Tomas Aquino Road. (6-0) Mr. Steve Piasecki advised the applicant that this decision is final, unless appealed in writing to the City Clerk within 10 days. REPORT OF THE COMMUNITY DEVELOPMENT DIRECrOR The written report of Mr. Steve Piasecki, Community Development Director was accepted as presented with the following additions: · The Commission's Study Session will be held Wednesday, March 13th, in the Doetsch Conference Room. Please provide a sandwich order before leaving this evening. Planning Commission Minutes of March 12, 1996 Page 21 ADJOURNMENT The Planning Commission meeting adjourned at 10:12 p.m. to the next Planning Commission meeting of March 13, 1996, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, ~.aInpbell, California... ........ --7~.' SUBMITTED BY: ~~ Corinne A. Shinn, Recording Secretary Steve"~iasecki, Secretary