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PC Min 11/26/1996CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY NOVEMBER 26, 1996 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of November 26, 1996, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairman Lindstrom, and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Mel Lindstrom Susan A. Keams I. Alne Brad Jones Dennis Lowe Jane Meyer-Kennedy Commissioners Absent: Commissioner: Elizabeth Gibbons Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner I: City Attorney: City Engineer: Reporting Secretary: Steve Piasecki Darryl M. Jones Tim J. Haley Gloria Sciara William Seligrnann Michelle Quinney Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Lowe, seconded by Commissioner Kearns, the Planning Commission minutes of November 12, 1996, were approved. (5-0-1-1; Commissioner Gibbons was absent and Commissioner Gibbons abstained) COMMUNICATIONS: There were no communication items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. Planning Commission Minutes of November 26, 1996 Page 2 ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairman Lindstrom read Agenda Item No. 1 into the record. PD 96-04 Stegner, C. Public Hearing to consider the application of Mr. Charles Stegner, on behalf of Imwalle/Stegner, for approval of a Planned Development Permit (PD 96-04) to allow the construction of a new retail building of approximately 3,400 square feet on property located at 790 E. Campbell Avenue in a PD (Planned Development) Zoning District. A Negative Declaration has been prepared for this project. Tentative City Council Meeting: January 7, 1997. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Applicant is seeking to construct a new retail building at the comer of Union and E. Campbell Avenues, across the street from the Pruneyard. · Site is currently vacant and is surrounded by apartments on two sides, commercial uses on two sides. · Staff's recommendation for approval includes the requirement for revised plans with a reduction in square footage to accommodate larger setbacks (from 3-5 to 6-8 foot). Additionally, staff is requesting a landscaping plan submittal to replace a portion of proposed paved area, along the W. Campbell Avenue sidewalk frontage, with landscaping. · SARC has reviewed the proposal and is supportive as the applicant has presented contrary to staff which is recommending a smaller building and larger setbacks. Commissioner Alne presented the Site and Architectural Review Committee meeting as follows: · Staff is recommending landscaping between the building and the sidewalk. SARC recommends a hard surface. · There is a one foot difference of opinion regarding setback requirements. Staff is recommending a 10-foot sidewalk and five foot landscaped area beyond to total 15 feet. SARC is recommending the 10-foot sidewalk with 3 foot hardscape area beyond to total 13 feet. · Staff has recommended the relocation of the electrical closet while SARC recommends leaving it as the applicant has placed it. · SARC recommends approval of this project with the elimination of Condition of Approval 2-C and the inclusion of one tree at the southeast front of the building. Commissioner Keams asked if the electrical box is located within the building. Plannin~ Commission Minutes of November 26, 1996 Pal~e 3 Commissioner Alne replied that it was inside and that there would be no windows at the area in which this electrical box is located. Commissioner Meyer-Kennedy asked where the entrances to the site would be located. Mr. Tim J. Haley answered that the entrances are primarily off of Campbell Avenue. He added that staff is looking at the distance to the curbline of 15 feet with the 1 O-foot required sidewalk and the 5-foot proposed landscaping. Commissioner Lowe added that SARC is seeking 3-5 foot setbacks from the sidewalk with no landscaping while staff is looking for 6-8 foot setbacks from the sidewalk with landscaping. Commissioner Alne asked if the City had ever considered developing this site into a small neighborhood park. Mr. Steve Piasecki replied that a minimum of 3 acres is required for a functional park. This site is not large enough nor properly located for development as a park. Chairman Lindstrom opened Public Hearing No. 1. Mr. Todd K. Johnson, 75 Union Avenue, Unit 4. · Advised that he is in favor of larger setbacks, believing that it will look better and less crowded. · Added that he supports landscaping over hardscape. Added that distance is more important that material. · Suggested that an explanation of Negative Declaration be included in the Notice of Hearing. Explained that he had concems when reading that "a Negative Declaration has been prepared for this project." He understood that to mean that negative impacts were anticipated. Mr. Dick Fish, Project Architect. · Advised that he had left SARC believing their project was an acceptable one to the City. · In order to make this project viable, a minimum of sqUare footage is required. · Project has been designed to meet exiting, entering and ADA requirements. · Building has been designed as a pedestrian-type building with the main entrance on Campbell Avenue. · Features included are decorative paving, planter boxes and awnings. · Stated that they would like to maintain the elements as depicted in their rendering. · Added that requiring a 1 O-foot sidewalk encroaches the site by two feet. Commissioner Keams asked Mr. Fish if he agreed with the recommendations made by SARC. Mr. Dick Fish replied that they did. Plannin~ Commission Minutes of November 26, 1996 Page 4 Chairman Lindstrom closed Public Hearing No. 1. Chairman Lindstrom restated that SARC and staff have some differences in their recommendations for this project. Commissioner Alne asked whether the Conditions of Approval reflect staff's or SARC's recommendation. Tim J. Haley replied that currently the Conditions of Approval reflect staff's recommendations. If the Commission wishes to support SARC's recommendation, they can eliminate Conditions of Approval No. 2-C and No. 8. Commissioner Lowe asked if proposed parking is adequate. Mr. Tim J. Haley answered that the ratio is 1 space for every 214 square feet. Typically 17 spaces would be required for this type of building. Motion: Upon motion of Commissioner Alne, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3054 adopting a Negative Declaration and recommending approval of a Planned Development Permit (PD 96-04) to allow the construction of a new retail building of approximately 3,400 square feet on property located at 790 E. Campbell Avenue, with the elimination of Conditions of Approval 2-C and 8, by the following roll call vote: AYES: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy NOES: None ABSENT: Gibbons ABSTAIN: None This item will be considered by the City Council at its meeting of January 7, 1997. 2. M 96-14 (UP 96-07) Mejia, P. Hearing to consider the application Ms. Patty Mejia, on behalf of Sprint Spectrum, for approval of a Modification (M 96-14) to a previously-approved Conditional Use Permit (LIP 96-07) to allow roof-mounted cellular antennas on property located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed within 10 days to the City Clerk. Plannin~ Commission Minutes of November 26, 1996 Pa~e 5 Ms. Gloria Sciara, Planner I, presented the staff report as follows: · Applicant is seeking a Modification to a Conditional Use Permit approved by the Commission on September 24th, which allowed monopole antennas to be attached to light standards. · The property owner is not supportive of the monopole. · The applicant is seeking approval at this time for three roof-mounted antennas. · Staff is not supportive of this request as it is seen as adding visual blight with such an accumulation of equipment on a single site when alternatives are available. · Staff recommends denial but suggests that screening be required should the Commission elect to approve this application. · The applicants are willing to screen their own antennas but not the other antennas already on site. · SARC's position is different from staff's in that they are not supportive of the requirement for screening. Commissioner Alne presented the Site and Architectural Review Committee report as follows: · The City currently has no clear cut policy for screening and SARC recommends the elimination of screening. · SARC found it strange that the owner appealed an approval made on his behalf. · SARC supports the placement of the antennas on the roof without screening. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 2. Ms. Patty Mejia, Sprint Spectrum: · These proposed antennas are shorter than the already approved antennas. · Mock ups have been installed on site to demonstrate how they will look (distributed photographs). · Advised that they are unable by law to screen the antennas of other providers as it might interfere with their function. · Sprint is in agreement with all Conditions of Approval with the exception of the requirement for screening. Commissioner Lowe asked whether Sprint was seeking the change from monopole to roof antennas at the request of the property owner. Ms. Patty Mejia replied that was tree. Planning Commission Minutes of November 26, 1996 Page 6 Mr. Scott Cooley, Property Owner, 700 W. Hamilton Avenue: · When Sprint first submitted their request for this site, it was for roof-mounted antennas. However, staff gave the impression that the use of monopole antennas was the only alternative. · Monopole antennas are 60-feet tall. Roof-mounted antennas are only 50-feet tall or 10-feet lower than the monopole. · Residents of the condominiums as well as office workers in the building itself would stare at the monopole antennas. · Has concerns about the placement of equipment in the berm area as he has plans to develop that area of his property in the future as it is a large area of vacant land. · Stated that he recommends that no screening be imposed as trees along the expressway already block his site from public view. Feels the screens would be more visible than the antennas themselves. Commissioner Lowe asked about the heights of the two types of antennas. Mr. Scott Cooley stated that the roof-mounted antennas are actually 10-feet lower than the monopoles. Chairman Lindstrom closed the Public Hearing for Agenda Item No. 2. Motion: Upon motion of Commissioner Lowe, seconded by Commissioner Jones, to deny the Modification (M 96-14) to allow roof-mounted antennas on property located at 700 W. Hamilton Avenue. Commissioner Meyer-Kennedy asked why they were making this recommendation. Commissioner Lowe stated that he did not want to see an antenna farm on this site. Stated that the approval already made was done in error. Commissioner Jones stated that he has problems with open-ended approvals. The approval should be for five years with a requirement to be reviewed after five years to determine whether less intrusive equipment is available. Chairman Lindstrom re-opened Public Heating No. 2. Mr. Scott Cooley, Property Owner, 700 W. Hamilton Avenue: · Stated that he is willing to state that this is the last set of antennas on site and is willing to promise that fact despite the fact that he still believes that it makes sense to have antennas on one site. · Again said that if this set is accepted, he is willing to make this the last set of antennas. Chairman Lindstrom re-closed Public Heating No. 2. Plannin~ Commission Minutes of November 26, 1996 Pa~e 7 Commissioner Meyer-Kennedy stated that she has no problem with the antennas either way, monopole or roof-mounted. However, she prefers the roof-mounted although this goes against the guidelines given staff. Commissioner Alne stated that he shared Commissioner Meyer-Kennedy's view. Roof- mounted antennas are the most innocuous. Does not understand why roof-mounted antennas need screening while the ground-mounted antennas did not. This is unrealistic. Can't support motion to deny. by the following roll call vote: AYES: Jones, Lowe NOES: Alne, Kearns, Lindstrom, Meyer-Kennedy ABSENT: Gibbons ABSTAIN: None Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Alne, to approve the Modification (M 96-14) to allow roof-mounted antennas on property located at 700 W. Hamilton Avenue. Commissioner Jones asked whether a time limit could be imposed with the ability to review the application in five years. Commissioner Alne suggested that an amendment to the motion be made. Commissioner Keams asked staff if such a recommendation is reasonable. Mr. Steve Piasecki replied that it was possible and reasonable to set a time limit for this approval. Commissioner Keams asked whether if newer technology becomes available the applicant would be required to change their antennas. Mr. Steve Piasecki answered that after five years, the applicant retums to the Commission and either demonstrates that the existing equipment is the best available or provides newer technology. The Commission can also add a condition that these antennas be the last for the site. Chairman Lindstrom stated that he found that difficult to do. Commissioner Lowe stated that the property owner has already made that offer. City Attorney William Seligman advised that the applicant can always seek to modify an existing Use Permit. Plannin~ Commission Minutes of November 26, 1996 Pa~e 8 Commissioner Lowe asked if a television antenna on this site would require Commission review. Mr. Steve Piasecki answered that if it were visible from the public right-of-way, a television antenna would required City review and approval. Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Alne, the Planning Commission adopted Resolution No. 3055 approving a Modification (M 96-14) to allow roof-mounted cellular antennas on property located at 700 W. Hamilton Avenue, with the added Condition of Approval that this approval be reviewed by the Planning Commission in five years to ensure that if better technology exists the applicant would be required to install the updated, less-visible equipment, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Kearns, Lindstrom, Meyer-Kennedy Jones, Lowe Gibbons None Commissioner Jones added that the burden should be on the applicant to show that the antenna is still required. Mr. Steve Piasecki advised that this approval is for five years after which the applicant will have to re-apply for renewal. This approval is final, unless appealed in writing to the City Clerk within 10 days. Chairman Lindstrom called for a break at 8:50 p.m. Chairman Lindstrom re-convened the meeting at 9:00 p.m. Chairman Lindstrom read Agenda Item No. 3 into the record. 3. S 96-13 Bowen, B. Heating to consider the application of Mr. Bruce Bowen for a Site and Architectural Approval (S 96-13) to allow the construction of a new single-family residence on property located at 1186 Harriet Avenue in an R-l-9 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed within 10 days to the City Clerk. Plannint~ Commission Minutes of November 26, 1996 Pa~e 9 Ms. Gloria Sciara, Planner I, presented the staff report as follows: · Applicant is seeking a Site approval to remove an existing residential structure and build a new residential structure which will be consistent with the applicant's Littleton Place project adjacent to this site. · Project is consistent with the General Plan, Zoning and San Tomas Area Neighborhood Plan requirements. · New residence will be a two-story, Craftsman style with a full porch, dormer windows and columns. · Staff recommends approval. · A tree protection plan will be implemented to protect a mature tree on site. Commissioner Alne presented the Site and Architectural Review Committee report as follows: · This project is adjacent to the Littleton project and the applicant proposes to building this new home to be compatible with that project. · SARC recommends approval. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 3. Chairman Lindstrom closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Meyer- Kennedy, the Planning Commission adopted Resolution No. 3056 approving a Site and Architectural Approval (S 96-13) to allow the construction of a new single-family residence on property located at 1186 Harriet Avenue, by the following roll call vote: AYES: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy NOES: None ABSENT: Gibbons ABSTAIN: None 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. UP 96-12 Carlino, S. Hearing to consider the application of Mr. Sam Carlino, on behalf of Sam's Bar-B-Que, for approval of a Conditional Use Permit (UP 96-12) to allow outdoor seating (16 seats) and barbecue on property located 1462 W. Campbell Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed within 10 days to the City Clerk. Planning Commission Minutes of November 26, 1996 Page 10 Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Applicant is seeking approval of a Conditional Use Permit to allow outdoor seating and barbecue for an existing restaurant. · Restaurant is located within the Campbell Shopping Center at the comer of San Tomas Aquino Road and W. Campbell Avenue. · The Conditions of Approval call for five on-site and 6 street trees to meet the Streetscape Standards for Campbell Avenue. · Staff recommends approval. Commissioner Keams presented the Site and Architectural Review Committee report as follows: · SARC reviewed this item just prior to this evening's meeting and recommends the addition of a cap rail on the trellis fencing and the addition of one tree in the lawn area at the southeast portion of the site. · SARC had no specific recommendation regarding the street trees. Chairmain Lindstrom re-stated SARC's position that only one tree is necessary and that the fence be finished with a cap rail. Commission Keams added that while SARC feels that the Streetscape Standards are an asset to the community, SARC wanted the entire Commission to discuss the requirements as they pertain to this project. Chairman Lindstrom opened the Public Hearing for Agenda Item No. 4. Mr. Sam Carlino, Owner, Sam's Bar-B-Que: · Stated his agreement with the requirement for one tree and the addition of a cap rail on the top of the fence. Chairman Lindstrom closed the Public Hearing for Agenda Item No. 4. Commissioner Meyer-Kennedy expressed concern that the number of trees proposed would block this business' signs. Said she is against that requirement. Commissioner Jones asked what the cost would be for 11 trees. Mr. Tim J. Haley answered that it costs from $1,500 to $2,000 per tree in the public sidewalk. Commissioner Jones stated that this is an excessive requirement for simply adding 16 seats in an outdoor seating area. Mr. Tim J. Haley added that the cost for on-site trees is about $250. Plannin~ Commission Minutes of November 26, 1996 Pa~e 11 Commissioner Alne stated that while he agrees that Streetscape Standards are a good idea, asking this applicant for 11 trees is not. There needs to be proportion between an improvement of a property and the Streetscape requirements. Motion: Upon motion of Commissioner Alne, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3057 approving a Conditional Use Permit (UP 96-12) to allow outdoor seating (16 seats) and barbecue on property located at 1461 W. Campbell Avenue, with the modification of Condition No. 4 to require only one tree at the southeast portion of the property and an added Condition to construct a cap railing on the fence and the elimination of Condition No. 7 (Street trees), by the following roll call vote: AYES: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy NOES: None ABSENT: Gibbons ABSTAIN: None This approval is final, unless appealed in writing to the City Clerk within 10 days. Chairman Lindstrom read Agenda Item No. 5 into the record. 5. S 96-14 Blue Chalk Caf6 Corp Hearing to consider the application of Blue Chalk Caf6 Corp for a Site and Architectural Approval (S 96-14) to allow building and site modifications on property located at 1875 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed within 10 days to the City Clerk. Mr. Darryl M. Jones, Senior Planner, presented the staff report as follows: · Application is for a Site approval to allow a new restaurant at the Pruneyard in the former Wells Fargo Bank site. · Restaurant will include outdoor seating and modifications to the building, including the addition of windows around the perimeter of the building. · Staff is supportive of the exterior changes. · SARC has also reviewed this project. Planninl~ Commission Minutes of November 26, 1996 Pal~e 12 Commissioner follows: · Keams presented the Site and Architectural Review Committee report as SARC is supportive of this application. · While the conditions call for five trees, SARC is comfortable with the addition of just two patio trees in the outdoor dining area. SARC does not recommend the addition of the five trees. · SARC recommended the addition of vines on the trellis and shrubs along the trellis to help screen. Chairman re-stated that SARC is supportive of the building modifications, the inclusion of two patio trees in the outdoor dining area and shrubs and vines along the trellis. Commissioner Lowe added that after an impassioned plea by the property owners, SARC agreed to remove the requirement for added trees. Chairman Lindstrom opened the Public Heating for Agenda Item No. 5. Mr. Tim Shappel, Architect.: · Stated that they have designed this restaurant to benefit the Pruneyard and the tenant. · Added that adding more trees would close up the comer while they are trying to open up the comer of the center. This restaurant will add new life to this comer and maintain the positive impact of the Pruneyard's recent remodeling. Mr. Chris Meany, Pruneyard Associates: · Stated that he has appeared a number of times before the Commission during the planning and construction of the Pmneyard remodel. · Advised that it has been their goal to bring in high quality restaurants. · Left at Albuquerque is a sensational restaurant. · This comer of the Pruneyard is getting great treatment. Reiterated his plea to the Commission that the five trees not be required due to cost. · Advised that they have installed the required Streetscape Standard along Bascom Avenue. Chairman Lindstrom closed the Public Hearing for Agenda Item No. 5. Planning Commission Minutes of November 26, 1996 Pa~e 13 Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3058 granting a Site and Architectural Approval (S 96-14) to allow building and site modifications on property located at 1875 S. Bascom Avenue, with the deletion of Condition No. 5 and replacing it with the requirement for the addition of vines and shrubs along the trellis and two patio trees in the outdoor dining area, by the following roll call vote: AYES: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy NOES: None ABSENT: Gibbons ABSTAIN: None This approval is final, unless appealed in writing to the City Clerk within 10 days. 6. Cancellation of Planning Commission meeting of December 24, 1996. Mr. Steve Piasecki suggested that the Commission make a motion to cancel the meeting of December 24, 1996. Motion: Upon motion of Commissioner Meyer-Kennedy, seconded by Commissioner Jones, the Planning Commission meeting of December 24, 1996, has been canceled. (6-0-1; Commissioner Gibbons was absent) REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented with the following additions: · Reminded the Commission that SARC would meet tomorrow, Wednesday, November 27th, at 2:30 p.m. with six items on the agenda. (Commissioners Keams and Alne confirmed that they would be in attendance.) Commissioner Alne asked for a Study Session to consider the Sign Ordinance. He expressed concern about the approval of the monument sign for Rasputin Records. Chairman Lindstrom advised that while nothing could now be done to change the approval of the Rasputin monument sign, it would be appropriate to have a Study Session with staff to discuss such issues. Planning Commission Minutes of November 26, 1996 Page 14 Mr. Steve Piasecki advised that this is a First Amendment issue. The City's Sign Ordinance has no statement allowing discretion regarding sign content as long as the sign meets the size and height requirements. There is more authority when signs come to the Commission as an Exception to the Sign Ordinance. Commissioner Lowe questioned the computation for the sign at Rasputin Music. Mr. Steve Piasecki advised that the sign is 14 feet high and 3.5 feet wide. Chairman Lindstrom stated that a Study Session can be scheduled at the first January meeting. ADJOURNMENT The Planning Commission meeting adjourned at 9:55 p.m. to the next Planning Commission meeting of December 10, 1996, in the Council Chambers, City Hall, 70 North First Street, Campbell, Califomia. SUBMITTED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: ATTEST: Me~ C4hair e StevePias ke~, ecr~ "~ '