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PC Min 05/23/1995CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY MAY 23, 1995 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of May 23, 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: ROLL CALL Commissioners Present: Chairwoman: Commissioner: Commissioner: Commissioner: Commissioner: Jane Meyer-Kennedy I. Alne Alana S. Higgins Susan A. Kearns Jay Perrine Commissioners Absent: Vice Chair: Commissioner: Mel Lindstrom Dennis Lowe Staff Present: Senior Planner: Planner I: City Attorney: Reporting Secretary: Darryl M. Jones Gloria Sciara William Seligmann Corinne A. Shinn APPROVAL OF' MINUTES Motion: On motion of Commissioner Kearns, seconded by Commissioner Alne, the Planning Commission minutes of April 25, 1995, were approved (6-0-2; Commissioners Lindstrom and Lowe were absent. Perrine voted for approval of the minutes through the second item and abstained from voting on the balance as he had departed the April 25th meeting after the conclusion of Item 2.) COMMUNICATIONS There were no communication items. Planning Commission Minutes of May 23, 1995 Page 2 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. 1. UP 95-05 Public Hearing to consider the application of Percy and Joella May-Cole for approval of a Conditional Use Permit to allow off-site beer and wine sales at an existing specialty market (Uhuru Market) located at 1645 $. Bascom Avenue, Unit D, in a C-2-S (General Commercial) Zoning District. Mr. Darryl Jones, Senior Planner, presented the staff report as follows: · Applicant is seeking approval of a Conditional Use Permit to allow off-site beer and wine sales at an existing specialty market that sells food, toiletries and miscellaneous items. · Other businesses in the vicinity that offer beer and wine sales include: Spoons Restaurant, Bread of Life and Longs Drugs. · The proposed use is consistent with the uses in the area and does not represent an intensification of the current use. · The business operates from 6 a.m. until 11 p.m. Daily. · No additional signage is required. · Staff has added a Condition of Approval requiring the addition of a trash enclosure for the site. · Staff finds this request to be consistent and recommends approval. MOTIO~ On motion of Commissioner Alne, seconded by Commissioner Kearns, the Planning Commission moved to close the Public Hearing (5-0-2; Commissioners Lindstrom and Lowe were absent). MOTIO~ On motion of Commissioner Perrine, seconded by Commissioner Higgins, the Planning Commission adopted Resolution No. 2977 approving a Conditional Use Permit to allow off-site beer and wine sales for an existing specialty market (Uhuru Market) located at 1645 S. Bascom Avenue, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Higgins, Kearns, Meyer-Kennedy, Perrine None Lindstrom, Lowe None This approval is effective in 10 days unless appealed in writing to the City Clerk. Planning Commission Minutes of May 23, 1995 Pase 3 Chairwoman Meyer-Kennedy read Agenda Item No. 2 into the record. 2. UP 95-06 Public Hearing to consider the application of Jae and Patricia Choi, on behalf of Eastern Sun Martial Arts, for approval of a Conditional Use Permit to allow a martial arts school on property located at 75 N. San Tomas Aquino Road in a C-1-S (Neighborhood Commercial) Zoning District. Mr. Darryl Jones, Senior Planner, presented the staff report as follows: Applicant is seeking approval of a Conditional Use Permit to allow them to occupy an existing commercial space located at the corner of La Pradera and San Tomas Aquino Road. This site is located adjacent to the Wing Center and has recently undergone remodel. · This space was most recently occupied by a furniture store. · Classes would be conducted between the hours of 11 a.m. and 7:30 p.m and the business open from 8 a.m. to 8 p.m. · Adequate parking exists on site. · Staff finds that this proposed use is consistent with uses in the area and recommends approval. · Conditions of approval have been included to address noise and hours of operations to ensure compatibility with the surrounding uses. MOTION: On motion of Commissioner Alne, seconded by Commissioner Lowe, the Planning Commission moved to dose the Public Hearing (5-0-2; Commissioners Lindstrom and Lowe were absent). MOTION: On motion of Commissioner Higgins, seconded by Commissioner Kearns, the Planning Commission adopted Resolution No. 2978 approving a Conditional Use Permit to allow a martial arts school (Eastern Sun Martial Arts) to be located on property at 75 N. San Tomas Aquino Road, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Higgins, Kearns, Meyer-Kennedy, Perrine None Lindstrom, Lowe None This approval is effective in 10 days, unless appealed in writing to the City Clerk. Chairwoman Meyer-Kennedy read Agenda Item No. 3 into the record. Planning Commission Minutes of May 23, 1995 Page 4 3. S 95-06 Public Hearing to consider the application of Mr. Abbas Haghshenas for a Site and Architectural Approval allowing the expansion and remodel of an existing building located at 33 N. First Street in a C-3-S (Central Business District-Downtown) Zoning District. Ms. Gloria Sciara, Planner I, presented the staff report as follows: · Applicant is seeking a Site and Architectural Approval to allow the expansion of an existing building located at the corner of Civic Center Drive and First Street. · Proposal includes new construction and remodel of existing building. · Staff has concerns regarding the north elevation and has included a Condition of Approval requiring a trellis treatment to soften this elevation. · The C-3 Zoning Ordinance provides development standards which encourage traditional designs. · The applicant is being asked to create a storefront treatment on the east elevation facing First Street. · There is no existing formal parking agreement or easement in place for this site to access its parking area at the rear of this building. The parking area directly adjacent to this site belongs to the businesses which front onto Campbell Avenue. The property owner and his tenant must pass through the parking area in order to reach their parking spaces. Applicant is working out a formal agreement or easement which is a Condition of Approval for this project. Commissioner Perrine asked about the southern elevation. Ms. Gloria Sdara replied that staff has some minor issues pending including the stairwell. Commissioner Alne asked if it might be better to have windows installed on the northern elevation where there is currently a wall. Ms. Gloria Sciara advised that openings are not allowed on a property line due to fire codes which requires a certain fire rating and distance from the property line. Commissioner Kearns presented the Site and Architectural Review Committee report as follows: · SARC is supportive of the project but recommends that the applicant continue to work with staff to improve the building articulation. Chairwoman Meyer-Kennedy asked if SARC or staff had a problem with the eastern elevation. Planning Commission Minutes of May 23, 1995 Pa~;e 5 Commissioner Kearns replied that the trellis was being introduced to soften the northern elevation and that staff continue to work with the applicant. Ms. Gloria Sciara added that the second story will follow the footprint of the first floor. Chairwoman Meyer-Kennedy expressed concern regarding the massing on this corner and asked whether staff or SARC shared her concerns. Mr. Darryl Jones replied that the larger windows and possible addition of planter boxes on the second level were being considered to improve the impact of this building. Commissioner Alne asked if the second story would also be a blank wall on the northern elevation. Mr. Darryl Jones replied that it would for the same reason as the first floor, because of fire code requirements. MO~O~ On motion of Commissioner Alne, seconded by Commissioner Higgins the Planning Commission moved to close the Public Hearing (5-0-2; Commissioners Lindstrom and Lowe were absent). Chairwoman Meyer-Kennedy reiterated her concern about massing and suggested that this project be toned down to help it blend into the area. Commissioner Alne asked if staff shared her concern. Mr. Darryl Jones responded that staff does have similar concerns and seeks Commission approval to allow staff to continue working with the applicant to resolve design details. The applicant has substantially addressed concerns since the original proposal. Suggested that SARC review and approve the final design and report back to the Planning Commission. Commissioner Kearns added that the applicant, at the SARC meeting, had expressed concerns about his existing tenants and the impacts on the site during the remodel. Commissioner Perrine advised that he felt it was a good idea for SARC to review the final plans. Planning Commission Minutes of May 23, 1995 Page 6 City Attorney William Seligmann amended Conditions of Approval ~2A, based on the Commission's discussion, to include the wording, "the revised design and plans shall be reviewed by the Site and Architectural Review Committee for final approval.' MO~O~ On motion of Commissioner Alne, seconded by Commissioner Perrine, the Planning Commission moved to adopt Resolution No. 2979, recommending approval of S 95-06 with a modification to Condition of Approval 2-A that requires the applicant to continue to work with staff on the building design and that the final design be evaluated and approved by SARC, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Higgins, Kearns, Meyer-Kennedy, Perrine None Lindstrom, Lowe None Chairwoman Meyer-Kennedy read Agenda Item No. 4 into the record. 4. SA 95-04 Hearing to consider the revised application of Mr. Gene Murphy, on behalf of Murphy's Tavern, for approval of a Sign Application to allow the modification of an existing non- conforming freestanding sign on property located at 2240 Winchester Boulevard in a C-2-S (General Commercial) Zoning District. Ms. Gloria Sciara, Planner I, presented the staff report as follows: · Applicant is seeking approval of an exception to the Sign Ordinance to retain an existing legal non-conforming freestanding sign at the northwest corner of Sunnyside and Winchester. · Applicant made unauthorized changes to the existing freestanding sign which terminated the legal non-conforming status of the sign. · This item was discussed by the Planning Commission in April and the Commission asked the applicant to redesign his proposal. · Applicant is presenting two options: Option 1: Eliminate the two accessory signs and paint the pole covers and cabinet green to match the building trim. Option 2: Same as Option 1 but in addition remove decorative cross braces and top decorative arch. Planning Commission Minutes of May 23, 1995 Pal~e 7 Staff finds that the use of two wall signs would provide adequate signage for this site and does not believe that the freestanding sign is necessary. If the Commission decides to approve the retention of this sign, staff recommends that the applicant be asked to paint the support structure the same color as the building trim. Commissioner Kearns presented the Site and Architectural Review Committee report as follows: · SARC is supportive of this sign request if the structures are painted and if the smaller signs are removed (Option 1). Chairwoman Meyer-Kennedy opened the Public Hearing on Item No. 4. Mr. Gene Murphy, Business Owner. · Expressed that he continues to be unclear as the what a "grandfather clause" actually means. · Asked if he could return the sign to its original condition. City Attorney William Seligrnann replied that he would not be able to since the sign has already been modified. The non-conforming provisions no longer apply to this sign since it has been altered. Mr. Gene Murphy advised the Commission that he had changed the name of the business to disassociate it from its prior bad reputation. Mr. Barry Wuks, Otsen Signs: · They are happy with Option 1. MO~O~ On motion of Commissioner Alne, seconded by Commissioner Kearns, the Planning Commission moved to dose the Public Hearing (5-0-2; Commissioners Lindstrom and Lowe were absent.) Commissioner Alne advised that he saw no reason why the Sign Ordinance should be exceeded by such a large amount. There has been no justification provided to allow the sign to continue to exceed the Sign Ordinance in any way. Commissioner Perrine sought clarification about the impact of lowering the sign. Mr. Darryl Jones reminded the Commission that the sign would run into the roof structure if lowered. The orientation of the sign would have to be changed if the sign is lowered. Commissioner Alne asked what type of signs most other businesses in the area were using for advertising. Planning Commission Minutes of May 23, 1995 Page 8 Mr. Darryl Jones replied that businesses in the area have wall signs that comply with the Sign Ordinance. On motion of Commissioner Alne, seconded by Commissioner Perrine, the Planning Commission moved to adopt the staff recommendation to deny this sign request to allow the freestanding sign at 2240 Winchester Boulevard (Murphy's Tavern), by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Higgins, Meyer-Kennedy, Perrine Kearns Lindstrom, Lowe None Chairwoman Meyer-Kennedy asked what direction should be given to the applicant regarding this decision. City Attorney William Seligmann replied that the applicant could appeal the Planning Commission decision via a written letter to the City Clerk within 10 days. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted as presented, with the following highlights by Senior Planner Darryl Jones: The McCoy project was approved by Coundl with the addition of rolled curbs instead of the Planning Commission's recommendation of vertical curbs and with the cul-de-sac located at the end of the street as required as a condition of approval and recommended by the Planning Commission. Commissioner Alne asked if this decision from the Council to require the rolled curbs represented a message from Council to avoid pressing for vertical curbs and instead to forward recommendations for rolled curbs? Mr. Darryl Jones responded that it was too early to tell and that further direction from the Council would be forthcoming. · Council continued the project at San Tomas Aquino Road at Elam. The applicant is revising plans and the project will return to Coundl for further review. Planning Commission Minutes of May 23, 1995 Page 9 Commissioner Alne asked whether the fact that the Planning Commission did not like the density in place for a project site was sufficient reason for them to deny a project within that density range. City Attorney William Seligmann responded that this could not be answered simply. If the Commission is considering a rezoning to accommodate a proposed project, they have some latitude. However, if there is an existing density range in place, the City must approve projects falling within that density range unless they can make the finding that the proposed density range would result in a threat to public health and safety. Mr. Darryl Jones continued the discussion of the Director's Report: Item No. 6. The letter from the Council regarding support for the Kid's Park is to be modified to clarify its position. · The satellite dish project which was scheduled for the June 13, 1995, Planning Commission meeting has been pulled from the agenda. The applicant has reduced the height to a level that could be approved at staff level. · A new item has been placed on the agenda for June 13th. This project is the an addition to a church located at 109 N. First Street (across street from City Hall). · SARC will meet on Thursday, May 25th. There are two items of discussion, the church addition and a Use Permit for a secondary living unit. AD_IOURNME1NT The Planning Commission meeting adjourned at 8:23 p.m. to the next Planning Commission meeting of June 13, 1995, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITI~ED BY: APPROVED BY: ATTEST: ~'"-I~ Meye;-ke~t~dhyfChair~ofitan ' ,~