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PC Min 04/25/1995CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY APRIL 25, 1995 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 25, 1995, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chairwoman Meyer-Kennedy, and the following proceedings were had, to wit: R L_.~Q_L..L.._CALL Commissioners Present: Chairwoman: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Jane Meyer-Kennedy Mel Lindstrom I. Alne Alana S. Higgins Susan A. Kearns Dennis Lowe Jay Perrine Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Planner II: City Attorney: City Engineer: Land Dev. Engineer: Reporting Secretary: Steve Piasecki Darryl M. Jones Curtis Banks William Seligmann Robert Harary Harold Housley Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Lindstrom, seconded by Commissioner Lowe, the Planning Commission minutes of April ~ ~1995, were approved (6-0-0-1; Commissioner Perrine abstained.) Planning Commission Minutes of April 25, 1995 Page 2 COMMUNICATIONS 1. A letter from Mr. Max Alford was distributed regarding Agenda Item No. 1. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REOUESTS: There were no oral requests. PUBLIC HEARING Chairwoman Meyer-Kennedy read Agenda Item No. 1 into the record. GP 95-01 ZC 95-01 TS 95-01 PD 95-01 Public Hearing to consider the following applications of Santa Clara Development for property located at 845-855 San Tomas Aquino Road and 1315 Elam Avenue: A. A General Plan Amendment (GP 95-01) to change the Land Use Designation of the 845-885 San Tomas Aquino Road from Commercial to Low-Medium Density Residential (6-13 units per gross acre). B. A Zone Change (ZC 95-01) to rezone 845-885 San Tomas Aquino Road from C-1-S (Neighborhood Commercial) to PD (Planned Development) and 1315 Elam Avenue from R-M-S (Multi-Family Residential) to PD (Planned Development). C~ A Tentative Subdivision Map (TS 95-01) to create 26 lots. D. Planned Development Permit (PD 95-01) to construct 26 units. Mr. Curtis Banks, Planner II, presented the staff report noting the following: · Project site is located on the corner of San Tomas Aquino Road and Elam Avenue. · Site is currently a shopping center. · Surrounding uses: North: Townhomes (14-20 units/acre) East: Condominiums (6-13 units/acre) South: 2 small commercial buildings/single family residences · Application includes a General Plan Amendment to change Land Use from Commercial to Low-Medium Density Residential. · The San Tomas Area Neighborhood Plan (STANP) criteria requires that proposed Land Use be equal to predominate General Plan designation of surrounding sites. The proposed designation to Low-Medium Density Residential is consistent with the STANP and the surrounding land uses. The proposed Low-Medium Density Residential is less intensive than the existing Commercial land used designation. · Proposed project offers a good transition from the higher density residential Planning Commission Minutes of April 25, 1995 Page 3 north of the site. Project is being zoned PD (Planned Development) to develop an ownership project on the site. Proposed project is unique in that typically projects with 6-13 units per acre are attached units. This project consists of detached units. Units in this project include lots from 3,200 square feet to 5,800 square feet with an average of 3,900 square feet. Just four lots are less than 3,500 square feet. Density is low for the Low-Medium Density Residential zoning at just nine units per acre. The lots on Elam will be larger to fit into existing larger single-family residential lots already on Elam Avenue. Applicant is also requesting a Planned Development Permit to allow a project with three home designs. Homes range from 1,800 square feet to 2,350 square feet. There are two elevations for each of the three designs for a total of six variations. Changes in the elevations include entry differences, window design and use of different materials, such as wood siding. Applicant is also seeking an exception to the STANP regarding road width. The STANP requires a 27 foot road width and the applicant is seeking approval of a 24 foot road width. Street parking would be prohibited in front of the units with the reduced road width. The Planning Commission has the authority to recommend reduced street widths. Staff recommends that the Planning Commission recommend City Council approval. An initial study under CEQA was conducted and no significant impacts were determined with mitigation measures enacted. Staff recommends the Planning Commission request: 1. That the City Council grant a Mitigated Negative Declaration. 2. That the City Council adopt the General Plan Amendment. 3. That the City Council adopt an Ordinance approving Zone Change 95-01. 4. That the City Council adopt an Ordinance approving Planned Development 95-01. 5. That the City Council adopt a Resolution approving Tentative Subdivision 95-01. Commissioner Alne requested feedback regarding the letter from Mr. Max Alford which was distributed regarding this project. Mr. Curtis Banks responded: The issues raised by Mr. Alford include parking concerns for the existing daycare facility on Elam Avenue. Since the use is approved with the condition that adequate parking be provided on site, the fact that the shopping center parking would no longer be available for overflow parking is irrelevant. The second concern was regarding the daycare noise impact on the proposed new residential dwellings. Planning Commission Minutes of April 25, 1995 Page 4 Expressed concern that his property, located between lots 1 and 2 of the proposed project, is of poor construction and is an "eye sore" to the proposed project. In addition, he stated concerns that his property could not be developed with more than one home. Third issue was a water main that runs through the lot which services an adjoining property. An easement is in place which grants the Water District any necessary access to service the main should the need arise. Commissioner Lowe asked what was located in the property between lots 1 and 2. Mr. Curtis Banks replied that there was a single family home. He clarified that the water main crossing the site is not a part of this development. Commissioner Kearns asked what would happen if the main required repair. Mr. Curtis Banks responded that an easement exists. Commissioner Lowe asked if the streets met Fire Department access requirements. Mr. Curtis Banks replied that the project meets all Fire requirements. Commissioner Susan Kearns presented the Site and Architectural Review Committee report as follows: · SARC is recommending the inclusion of curbs and gutters. · SARC would also like to see less density. · SARC felt that the project required discussion by the Commission and made no recommendations for approval. entire Planning Commissioner Alne had questions regarding the lot sizes and widths and whether street lights were required. Mr. Curtis Banks responded that street lights were required on Elam and on San Tomas Aquino Road but not on the private local access streets. The street within the project is a private street and therefore is not required to include street lights. Commissioner Alne advised: · SARC had concerns regarding the driveway lengths. Some of the homes have only 10-foot driveways. SARC has suggested to possible solutions. Moving the houses up closer to even more greatly reduce the driveways and thus discourage parking in the driveway or moving the houses further back which would greatly reduce the rear lot. SARC found the houses themselves to be acceptable. SARC was concerned regarding the short driveways, the lack of curbs and gutters and the reduced road width. Planning Commission Minutes of April 25, 1995 Page 5 · Parking practices should be considered. Commissioner Lowe inquired whether there would be association dues to maintain the private street. Mr. Curtis Banks responded that there would be a homeowner's assodation. Commissioner Lowe inquired whether the homeowner's association would cover the deterioration of the siding proposed. Mr. Curtis Banks replied that each lot is individually owned. Commissioner Lowe expressed concerns regarding the durability of the proposed siding. Commissioner Lindstrom asked whether San Tomas Aquino Road and Elam Avenue have sidewalks. Mr. Curtis Banks replied that both streets did have sidewalks. Chairwoman Meyer-Kennedy asked what was required. Mr. Curtis Banks replied that the interior street in the project would not have curbs and gutters. Commissioner Alne asked if curbs and gutters were not required or whether they were prohibited. Mr. Curtis Banks responded that the San Tomas Area Neighborhood Plan does not allow curbs and gutters unless the City Council grants an exception. Commissioner Perrine advised that SARC liked the houses but had concerns about the site while staff recommends approval. Why? Mr. Curtis Banks answered that the surrounding density is compatible and appropriate and provides a transition to adjoining properties. Commissioner Perrine asked how this project facilitates home ownership. Mr. Curtis Banks replied that the difference between this project and townhome projects is that the proposed units are detached. The lots are larger and the yards are larger. Most of these proposed lots have 15 to 20 foot rear yards. In addition this project is at the lower end of the density range for townhome developments (11 units per acre on average). If this project were developed at a maximum Planning Commission Minutes of April 25, 1995 Page 6 density permitted it could include up to 35 units. Applicant is proposing 26 units, down from the original proposal of 28. Chairwoman Meyer-Kennedy asked if staff was comfortable with the street set up. Mr. Curtis Banks responded that the issue of curbs and gutters was thoroughly discussed during the time that the San Tomas Area Neighborhood Plan was drafted. The Traffic Engineer at that time was supportive. Commissioner Alne asked if the Public Works representative here this evening endorsed that position. Mr. Robert Harary, City Engineer, responded that the Public Works Department recommends review of the San Tomas Area Neighborhood Plan to revisit the issue of curbs and gutters. They support the installation of curbs and gutters whenever possible. If this project were not a private street, Public Works Department would recommend installation of curbs and gutters. Mr. Mark Robson, Developer. · Santa Clara Development is a home building company that is family owned and operated by he, his brother and his father. · They own and operate Robson Communities in Phoenix and Tucson which are Senior's communities. · Santa Clara Development began operation in Santa Clara County five years ago. Projects have been developed in Sunnyvale (84 condominiums and a second 8 unit project), South San Francisco (32 units) and Fremont (30 units). · He has worked with staff and lowered the number of units. He is in agreement with the staff report. · Project will be good for the community at large and will create a good living atmosphere. · Homes will be attractive with rich details. · Streetscape will have character and charm. · They are proposing three floor plans with one three- bedroom model, a three-bedroom model with a loft and a four bedroom model. All units will include two-car garages. All units will have a two-car apron in front of the garage with the exception of three units. · Floor plans offer nice living features. They include both a family room and a living room as well as private dining rooms. This is different from most townhome developments. · Sale prices will range from the high $200,000 to the low $300,000. · Project will be positive for those buying and living in them and will be an attractive addition to the neighborhood. This will be a successful new home community. · Made himself available for questions. Planning Commission Minutes o[ April 25, 1995 Page 7 Commissioner Lowe asked about the durability of the shingles. Mr. Robson replied that they have a 10-year warranty. They are constructed of hard wood which will be painted. Have been used successfully in other projects. Commissioner Alne stated townhomes has been made. motorhomes. that the benefits of individual houses over Where would homeowners keep their boats and Mr. Robson replied that as motorhomes in the complex. CC&R's. is typical, the CC&R's will prohibit boats and This is a standard condition contained within Commissioner Alne inquired about parking restrictions. Mr. Robson responded that on the private street parking restrictions could and would be implemented. They will, however, have no control over parking on the public streets. Commissioner Higgins advised that she felt this is a good project. She lives nearby. Asked if the association would be responsible only for the private street maintenance. Mr. Robson replied that the homeowners assodation would assume responsibility for front yard landscaping and street maintenance and will cost approximately $50 per month. He added that he would like to install curbs and gutters on the project. One possible solution is to dye the concrete black so that it matches the asphalt. This is better for the project and allows for fewer street maintenance issues. In addition, having curbs allows the painting of red curbs in those areas in which parking will be prohibited. Commissioner Lowe advised that he thought that it was a great idea to include the curbs and gutters and unnecessary to paint them black. Expressed appreciation of applicant's willingness to include curbs and gutters. MOTION: On motion of Commissioner Alne, seconded by Commissioner Lindstrom, the Planning Commission moved to close the Public Hearing (7-0). Commissioner Alne expressed his belief that the project is incompatible with the San Tomas Area Neighborhood Plan. Applicant is trying to put too large a project into this lot. Also mentioned that he interprets the STANP to read that curbs and gutters are not required rather than prohibited. Project needs too many concessions. The street is too narrow. The driveways are too small. Without Planning Commission Minutes of April 25, 1995 Page 8 curbs and gutters, the streets will be full of mud whenever it rains. The Public Works Department representative has indicated maintenance issues whereas they would not recommend the exclusion of curbs and gutters on a public street. The Planning Commission has an obligation to the future owners of this project by installing curbs and gutters. There are too many houses on the lot. He recommends a reduction in the number of houses. There are too many exceptions to the STANP so he is not supportive. Commissioner Kearns concurred with Commissioner Alne's position. Commissioner Higgins advised that by reducing the number of lots and increasing the size of the homes, they would end up with $400,000 to $500,000 homes on the site which she would not find compatible to the area. This project offers a good transition to the existing neighborhood. Asked whether curbs and gutters could be included. Mr. Steve Piasecki, Community Development Director, advised that the Planning Commission could recommend that the City Council approve the inclusion of curbs and gutters for this project. Commissioner Higgins announced that she would be supporting the project with the recommendation that curbs and gutters be added. Commissioner Alne asked if the Commission had discretion regarding this issue of curbs and gutters. Mr. Steve Piasecki replied that the STANP is not an Ordinance. Council has the authority to vary from the STANP. Commissioner Lowe asked what the standard width of a street is. Mr. Steve Piasecki replied that a standard street width is 34 feet curb to curb for public streets. Private streets could be smaller. Commissioner Lowe asked if parking would be allowed. Mr. Steve Piasecki responded that only on one side of the street. Commissioner Perrine advised that he backed Commissioner Higgins' position. Campbell has one of the highest parking ratios in Santa Clara County with 3.5 spaces per unit required. This project exceeds that ratio. He will support this project. Chairwoman Meyer-Kennedy added her support. She stated that this project Planning Commission Minutes of April 25, 1995 Page 9 offers a nice transition although she too would like to see curbs and gutters included. Commissioner Alne asked what sort of curb and gutter format was being recommended. Standard? Rolled? Painted black? Commissioner Higgins asked if that question fell within the purview of the Commission. Mr. Steve Piasecki responded that the Commission could make a recommendation. Commissioner Lindstrom stated that since the developer was willing to install curbs and gutters, what kind did he propose? Mr. Steve Piasecki replied that the applicant was proposing vertical curbs and gutters. Commissioner Lowe admitted that he was "on the fence" about whether to support the project or not. Believes that the inclusion of vertical curbs and gutters is best approach. Commissioner Kearns advised that if the density was reduced to eight units per acre instead of 9, she would be supportive. This would reduce the project by two units. MOTION: On motion of Commissioner Perrine, seconded by Commissioner Higgins, the Planning Commission adopted: A. Resolution No. 2968 recommending approval of a General Plan Amendment (GP 95-01) to change the Land Use Designation of property at 845-885 San Tomas Aquino Road from Commercial to Low-Medium Density Residential. B. Resolution No. 2969 recommending approval of a Zone Change (ZC 95-01) for 845-885 San Tomas Aquino Road from C-1-S (Neighborhood Commercial) to PD (Planned Development) and property at 1315 Elam Avenue from R-M-S (Multi-Family Residential) to PD (Planned Development). C. Resolution No. 2970 recommending approval of a Tentative Subdivision Map (TS 95-01) to create 26 lots on property located at 845-885 San Tomas Aquino Road and 1315 Elam Avenue. D. Resolution No. 2971 recommending approval of a Planned Development Permit (PD 95-01) to construct 26 homes on property located at 845-885 San Tomas Aquino Road and 1315 Planning Commission Minutes of April 25, 1995 Page 10 AYES: NOES: ABSENT: ABSTAIN: Elam Avenue with the recommended addition of vertical curbs and gutters on the interior private street. E. Recommend that the City Council grant a Mitigated Negative Declaration. by the following roll-call vote: Alne, Higgins, Lindstrom, Lowe, Meyer-Kennedy, Perrine Kearns, None None This recommendation will be forwarded to City Council on May 16, 1995. Chairwoman Meyer-Kennedy read Agenda Item No. 2 into the record. GP 95-02 ZC 95-02 TS 95-02 V 95-01 Public Hearing to consider the following applications of Santa Clara Development for property located at 1522 McCoy Avenue: A. A General Plan Amendment (GP 95-02) to change the Land Use Designation on approximately 3 acres along the eastern portion of the site from Public/Semi Public to Low-Density Residential (less than six units per gross acre). B. A Zone Change (ZC 95-02) to rezone approximately 3 acres along the eastern portion of 1522 McCoy Avenue from PF (Public Facilities) to R-l-6 (Single Family Residential). C. A Tentative Subdivision Map (TS 95-02) to create 17 lots. D. A Variance (V 95-01) to permit a variance from the minimum lot width requirement to allow rear lot widths less than 60 feet. Mr. Curtis Banks, Planner II, presented the staff report as follows: · Project includes 17 lots. Sixteen lots will be used for single-family residences while the 17th lot represents the existing church on the property. · Surrounding land uses include: North: Low Density Residential South: Creek and Low Density Residential West: Church East: Creek and Low Density Residential · Applicant is requesting a General Plan Amendment. Request is consistent with the San Tomas Area Neighborhood Plan (STANP). · Additionally, the applicant is seeking a Zone Change from PF (Public Facilities) to R-l-6 (Single Family Residential) with a minimum 6,000 square foot lot. The Zone Change is consistent with the requirements of the STANP. Planning Commission Minutes of April 25, 1995 Page 11 Applicant is seeking approval of 16 new lots with a density of 4.4 units per acre. Church has prepared a parking plan which demonstrates that the sale of the property will not negatively impact the church use of its portion of the site upon the sale of its surplus property. Applicant is requesting that the cul de sac be allowed to exceed 500 feet. The Variance request will allow five lots to have minimum lot widths of less than 60 feet. At the point, the lots have less than a 60-foot width. The lots exceed the minimum requirements for the R-l-6 Zoning District. A modification to the street width on McCoy is requested to allow for 30 foot half-width. The City's Traffic Engineer is comfortable. CEQA Study was conducted and no significant impacts were determined. Staff recommends a Mitigated Negative Declaration. Staff recommends that the Planning Commission: A. Recommend that the City Council grant a Mitigated Negative Declaration. B. Recommend that the City Council approve GP 95-02, ZC 95-02, TS 95-01 and V 95-01. Commissioner Lowe expressed his confusion over Lot No. 17. Mr. Curtis Banks advised that Lot No. 17 was the existing church site. Commissioner Kearns presented the Site and Architectural Review Committee report as follows: · SARC was supportive of the project and recommended approval. Commissioner Alne asked whether there would be a crash gate at the emergency entrance from the church parking lot into the housing development. Mr. Curtis Banks responded that there would be some sort of barrier which would allow emergency ingress or egress. Commissioner Alne asked if the church would be precluded from blocking access to the gate. Mr. Curtis Banks replied that an easement would be in place. Commissioner Lindstrom asked if curbs and gutters would be installed on this project. Mr. Curtis Banks replied that they would not. Commissioner Perrine asked about fencing between the site and the school and Planning Commission Minutes of April 25, 1995 Page 12 the site and the church. Mr. Curtis Banks advised that the applicant would be installing six foot fencing. Commissioner Lowe asked whether the street width would be 34 feet. Mr. Curtis Banks replied that this street width was consistent with the requirements of the STANP. Commissioner Lowe asked if sidewalks were planned. Mr. Curtis Banks replied that they were not. Commissioner Lowe asked whether a lack of sidewalks represents a safety issue. Mr. Curtis Banks responded that it did not represent a safety issue. Commissioner Lowe asked City Attorney Seligmann for his interpretation. City Attorney William Seligmann replied that he deferred judgement to the Traffic Engineer. Mr. Steve Piasecki advised that the Traffic Engineer had studied the issue during the STANP study period. For very low volume streets, sidewalks are not deemed necessary. Commissioner Higgins opined that this standard was similar to streets in Saratoga which are without sidewalks. Mr. Curtis Banks replied that the STANP does not permit sidewalks, curbs or gutters unless the City Council grants an exception. Mr. Mark Robson, Applicant: · Agrees with the staff report. · Asked that the turnaround location be allowed to stay where depicted on the plan. This location was approved by Central Fire. Prefers not to put the turnaround at the end of the street as is being required by the Public Works Department. · Likes curbs and gutters in projects. It's better for drainage. · Asks that the Planning Commission support this project. Commissioner Lindstrom asked that the proposed and required turnaround locations be pointed out on the site plan. Asked if a lot would be lost if the turnaround was to be placed at the end of the block. Planning Commission Minutes of April 25, 1995 Page 13 Mr. Mark Robson replied that it was possible. Commissioner Lowe asked how emergency exit would be fenced. Mr. Mark Robson answered that something attractive would be installed. In addition the fencing between the site and the church and the site and the school will include a six foot solid fence with a two foot lattice. commissioner Lowe asked if there would be pedestrian and bicycle access through the church parking lot from the site. Mr. Mark Robson advised that both pedestrians and bicyclists would be able to cross the parking lot from the housing development. Commissioner Lowe inquired about a large oak tree on the site. Mr. Mark Robson advised that an arborist has prepared a report which indicates that the tree is not in good condition. Commissioner Lowe asked for clarification. Mr. Curtis Banks added that the arborist has stated that the value of the tree is reduced due to the way it has grown. It does not have a balanced shape. Commissioner Alne declared that the lots in this project are generous. Mr. Mark Robson added that the arborist was independent and the report certified. If the tree cannot be saved, he is willing to replace with a tree of like and kind value. If the Commission wishes, another arborist can be obtained. Commissioner Kearns asked if there were sidewalks on McCoy. Mr. Mark Robson said that there were. Commissioner Kearns asked Mr. Robson whether he would like to include sidewalks. Mr. Mark Robson responded that sidewalks were not necessary. Commissioner Lowe extended apologies to Mr. Robson for the intensive discussion regarding curbs and gutters. Commissioner Alne expressed that a development is enhanced if sidewalks, curbs Planning Commission Minutes of April 25, 1995 Page 14 and gutters are included. Mr. Mark Robson replied that less maintenance is required. Commissioner Alne asked Mr. Harary what the Public Works Department view was on public streets. Mr. Robert Harary advised the Commission that Public Works is in favor of revisiting the San Tomas Area Neighborhood Plan as it pertains to the inclusion or exclusion of curbs and gutters. Commissioner Kearns stated her belief in the need for continuity with McCoy and the new street with the inclusion of sidewalks. Mr. Robert Harary added that while the proposed turnaround meets Central Fire's requirements, under standard engineering practices the turnaround must be located at the terminus of the street. Commissioner Lindstrom stated that the proposed turnaround could be kept as long as a second turnaround was installed at the end of the street. Commissioner Alne stated concern about how far the turnaround was from the exit. Why are Public Works standards stricter than Fire's? Mr. Robert Harary replied that the Public Works standard meets engineering standards. Commissioner Lindstrom stated that emergency access to the site is available through the church parking lot. Mr. Steve Piasecki advised that Public Works' concern is not only emergency access but also vehicles such as UPS trucks and ice cream vendors. Commissioner Alne stated that rules must be applied. Land use is an unacceptable rationale. Just because the applicant might have to cut off a portion of the last individual lot, that is no reason to lower standards such as the requirement for the turnaround at the end of the street. Commissioner Higgins suggested that the applicant keep the turnaround near lot 13 if they wish but should install the required turnaround at lot 16. Commissioner Alne stated that the turnaround provides safety and convenience. Ice cream trucks risk running over children if they are forced to turn around using a private residence driveway. Planning Commission Minutes of April 25, 1995 Page 15 Mr. Mark Robson stated that they have provided the required turnaround. In addition the street is wide enough to allow vehicles to turn around. Mr. Robert Harary added that the City's street sweepers could not turn around on the proposed street without the proper turnaround at the end of the street. Commissioner Lindstrom added that garbage trucks would also need sufficient space to turn their vehicles around. MO~O~ On motion of Commissioner Lindstrom seconded by Commissioner Lowe, the Planning Commission moved to close the Public Hearing (7-0). MO~O~ AYES: NOES: ABSENT: ABSTAIN: On motion of Commissioner Alne, seconded by Commissioner Kearns, the Planning Commission adopted: A. Resolution No. 2972 recommending approval of a General Plan Amendment (GP 95-02) to change the Land Use Designation on approximately three acres along the eastern portion of property at 1522 McCoy Avenue from Public/Semi Public Facilities to Low Density Residential (less than six units per gross acre). B. Resolution No. 2973 recommending approval of a Zone Change (ZC 95-02) to rezone approximately three acres along the eastern portion of 1522 McCoy Avenue from PF (Public Facilities) to R-l-6 (Single Family Residential). Resolution No. 2974 recommending approval of a Tentative Subdivision Map (TS 95-02) to create 17 lots with the recommendation that vertical curbs and gutters be included on the public street. D. Resolution No. 2975 recommending approval of a Variance (V 95-01) to allow rear lot widths of less than 60 feet. E. Recommend that the City Council grant a Mitigated Negative Declaration. by the following roll-call vote: Alne, Higgins, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine None None None Commissioner Lowe asked if the change in location for the turnaround will meet Fire requirements. City Attorney William Seligmann replied that either location will satisfy Fire's requirement. Planning Commission Minutes of April 25, 1995 Page 16 This recommendation will be forwarded to City Council on May 16, 1995. Chairwoman Meyer-Kennedy read Agenda Item No. 3 into the record. 3. M 95-02 Public Hearing to consider the application of Mr. Paul Namkoong for approval of a Modification to a previously-approved Use Permit (UP 93-04) to allow extended hours of operation and a beer license for an existing billiards parlor located at 1777 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 an extension of his Use Permit to allow extended hours of operation, with closing time from 2 a.m. to 4 a.m., and beer sales. · Site is a 6,200 square feet commercial complex. Applicant is utilizing 33% of the building space. · Police has reviewed the request and supports with the following conditions: A. Limit minors while beer is being sold which is a Municipal Code requirement until that code can be amended. B. Limit the hours of operation to 2 a.m. until the Municipal Code can be amended to allow hours of operation to 4 a.m. The Police Department is working on the above amendments to the Municipal Code. When passed, the applicant's request will be allowed. Commissioner Lowe asked how minors would be allowed. Mr. Darryl Jones replied that the modification to the Municipal Code being sought by the Police Department will allow minors to patronize the establishment under the supervision of an adult. Commissioner Alne asked whether Police had reviewed this request. Mr. Darryl Jones replied that they had. Commissioner Alne stated that no beer could be sold between 2 a.m. And 4 a.m. Mr. Paul Namkoong, Applicant, addressed the Commission as follows: · He is faced with a lot of competition in the area with many new fadlities. · He also owns Shoreline Billiards in Mountain View which was recently selected as one of the top five places for mothers and daughters to go out together. · Extended hours are requested for weekends only and not during the week. Planning Commission Minutes of April 25, 1995 Page 17 Only beer will be served. His competitors have beer licenses. Some dties allow minors to patronize such establishments if accompanied by an adult. Commissioner Alne clarified that during hours beer is being sold, adults must accompany minors. Mr. Namkoong replied that Commissioner Alne was correct. Mr. Paul Namkoong: Spoke with property owner regarding trees. Much construction has been done on Bascom in recent months. Where there used to be a street tree, today there are many utility vaults, a new streetlight, an old streetlight, a sign, a trash receptacle and a bench. As for the retaining wall that must be removed, there are two walls there. One belongs to Jack-In-The-Box. On this side of the wall there is a side main and back flow devices. Owner would like to leave the wall up. Glad to plant the other two required trees but will need to speak with Erik's Deli as the tree will block their sign. Mr. Darryl Jones responded: · That the City was aware of the previous tree well and underground utilities and is willing to change location for the street tree if necessary. · The wall on the Jack-In-The-Box lot was supposed to be removed as part of the recent remodel. · Additional landscape screening can be placed to block view of the water main and back flow devices currently obscured by the wall on site. · If the proposed location for trees obscures the Erik's Deli sign, staff can work with the applicant to find an alternate location for the required trees. Chairwoman Meyer-Kennedy asked whether these outstanding issues could be dealt with at staff level. Mr. Darryl Jones and Mr. Paul Namkoong both replied that they could. MO~O~ On motion of Commissioner Lindstrom, seconded by Commissioner Higgins the Planning Commission moved to close the Public Hearing (6-0-1; Commissioner Perrine was absent for this vote). MORON: On motion of Commissioner Higgins, seconded by Commissioner Lowe, the Planning Commission moved to adopt Resolution No. 2976, recommending approval of M 95-02, by the following roll-call vote: Planning Commission Minutes of April 25, 1995 Page 18 AYES: NOES: ABSENT: ABSTAIN: Alne, Higgins, Kearns, Lindstrom, Lowe, Meyer-Kennedy None Perrine None Commissioner Lindstrom asked if the project was approved as presented. Mr. Darryl Jones replied that the project is approved subject to staff approval of outstanding issues. Chairwoman Meyer-Kennedy read Agenda Item No. 4 into the record. 4. GP 95-04 Public Hearing to consider the City-initiated application to consider amendments to the Land Use and Safety Elements of the General Plan (GP 95-04) to incorporate the applicable portions of the Santa Clara County General Plan allowing the implementation of the County's Hazardous Waste Management Plan (CHWMP). Mr. Darryl Jones, Senior Planner, presented the staff report as follows: · Staff is working to comply with State and County requirements regarding hazardous waste. · The County Plan has not yet been available for City review. · On Thursday, April 27, 1995, the County is sponsoring a program on how to comply with State requirements. · Staff recommends that this matter be continued to a date uncertain. Chairwoman Meyer-Kennedy opened the Public Hearing on Item No. 4. MO~O~ On motion of Commissioner Higgins, seconded by Commissioner Lowe, the Planning Commission moved to continue GP 95-04 to a date uncertain (6-0-1; Perrine was absent for the vote.) REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented. Commissioner Kearns asked for darification regarding the plans for the new park Planning Commission Minutes of April 25, 1995 Pal~e 19 at the former San Tomas School Site. Mr. Steve Piasecki replied that an agreement has been established for New Cities Development to develop the park site. Chairwoman Meyer-Kennedy advised that she would be out of town for the meeting of May 9th. Mr. Darryl Jones advised the Commission that the meeting of May 9, 1995, is being cancelled due to a lack of agenda items. In addition, the SARC meeting of April 27, 1995, is also being cancelled for the same reason. ADJOURNMENT The Planning Commission meeting adjourned at 9:48 p.m. to the next Planning Commission meeting of May 23, 1995, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, Campbell, California. (The regular meeting of May 9, 1995, has been cancelled due to a lack of agenda items.) SUBMITI'ED BY: ,,~.~t ~ ~ ~/ ~'~ x4/L~ ~ , ~ Corir~ne ~. 'Shin ,~e"e"e-6~din~ ~'~c~-tary J~e M~er-K~,t C~airwoma~J e iasecki, Community Development Director ATTEST: