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PC Min 10/10/1995CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 10, 1995 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 10, 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: Commissioner: Jane Meyer-Kennedy Mel Lindstrom I. Alne Brad Jones Susan A. Kearns Dennis Lowe Commissioners Absent: Commissioner: Alana $. Higgins Staff Present: Community Development Director: Senior Planner: Associate Planner: Planner I: Planner I: Planner I: Planning Assistant: City Attorney: Reporting Secretary: Steve Piasecki Darryl M. Jones Tim J. Haley Gloria Sciara Aki Honda Barbara Ryan Kristi Ashburn Joe Raineri Corinne A. Shinn Planning Commission Minutes of October 10, 1995 Page 2 APPROVAL OF MINUTES Motion: On motion of Commissioner Kearns seconded by Commissioner Alne, the Planning Commission minutes of September 26, 1995, were approved. (4-0-1-2; Commissioner Higgins was absent; Commissioners Lindstrom and Lowe abstained.) COMMUNICATIONS 1. Letter of opposition to Agenda Item No. 1. AGENDA MODIFICATIONS OR POSTPONEMENTS Staff recommended that Agenda Item No. 4 be heard at the beginning of the meeting. ORAL REOUESTS: There were no oral requests. PUBLIC HEARING Chairwoman Meyer-Kennedy read Agenda Item No. 4 (as first item of business) into the record. 4. S 95-11 Public Hearing to consider the application of Mr. Matthew Dean for approval of a Modification to a side yard setback to allow for the construction of a second story addition for a single-family residence located at 851 Almarida Avenue in an R-1 (Single Family Residential) Zoning District. Ms. Aki Honda, Planner I, presented the staff report as follows: Applicant is seeking a reduction in the required side yard setback to allow for a second story addition. · Subject property is zoned R-l-6 and the General Plan designation is Low Density Residential. · The proposed addition includes 1,700 square feet of additional living space, the majority in a second story with minor modifications to the first story to accommodate the second story. · Applicant is proposing a six foot side yard setback. · Zoning requirements call for a setback which reflects one half of height of the wall. Proposed wall is 18 feet tall which would call for a nine foot setback. · The Planning Commission has the authority to grant a reduction in the side yard setback. · Adjacent property owners have no objection to the reduced side yard setback. · SARC reviewed the proposal and recommends approval with the recommendation that the applicant retain a large rear yard tree. · Applicant has changed roofing material from his originally proposed tile to composition shingle. The front elevation has also been revised to provide a greater variation to the elevation. Planning Commission Minutes of October 10, 1995 Page 3 Staff recommends approval of this request. Applicant is in the audience if the Commission has any questions of him. Commissioner Lindstrom mentioned that letters of support from adjacent property owners do not appear in the staff report. Ms. Aki Honda replied that they were included in the project file. Commissioner Alne presented the Site and Architectural Review Committee report as follows: · SARC was originally concerned with massing and a possible impact on neighbors' views, however, with the concurrence of the neighbors, SARC recommends approval. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 4 (item being considered first at the meeting). There were no parties interested in addressing Agenda Item No. 4. MOTION: On motion of Commissioner Alne, seconded by Commissioner Lindstrom, the Planning Commission moved to close the Public Hearing (6-0-1; Commissioner Higgins was absent). MOTION: On motion of Commissioner Lowe, seconded by Commissioner Alne, the Planning Commission adopted Resolution No. 3005, approving a Modification (M 95-08) to allow the reduction of a side yard setback to allow for the construction of a second story addition to a single-family residence on property located at 851 Almarida Avenue, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None Higgins None This approval is effective in 10 days unless appealed in writing to the City Clerk. Chairwoman Meyer-Kennedy read Agenda Item No. 1 into the record. Planning Commission Minutes of October 10, 1995 Page 4 1. UP 95-15 Continued Public Hearing to consider the application of BP Service Station to approve a Conditional use Permit to allow off sale beer and wine sales for an existing service station located at 1533 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. (Continued from the Planning Commission meeting of September 26, 1995.) Ms. Gloria Sciara, Planner I, presented the staff report as follows: · Clarified that the current request is simply for a beer and wine license in conjunction with an existing service station. The previous request for 24- hour operations has been withdrawn in conjunction with this Use Permit application upon learning that a letter of concern was received about this use. · The applicant, BP Service Station, will undertake tenant improvements, increasing a snack shop by 78 square feet and consolidating two restrooms into one that meets ADA requirements. Additionally, two parking spaces will be added by the service station. · Staff is supportive of the proposal with the suggestion that additional landscaping be added to equal 12% of the site and that the street trees be replaced to match the current street tree standard for the area. Chairwoman Meyer-Kennedy sought clarification regarding the tree requirement. Ms. Gloria Sdara responded that two existing street trees do not match the pattern of the street design and are not well maintained. Commissioner Alne expressed his concerns regarding the sales of beer and wine with the sales of gasoline, and asked if the Planning Commission had previously approved similar requests. Ms. Gloria Sciara responded that the Planning Commission approved off-sale beer and wine sales at Rotten Robbie Service Station at the corner of Hamilton and Central Avenues and is operates from 6:00 a.m. to 11:00 p.m. Commissioner Lowe asked when this use was approved. Ms. Gloria Sciara responded that the Use Permit was issued within the last two to three years. Commissioner Lowe questioned whether there was an over-concentration of off- sale beer and wine sales in an area, and how such a determination is made. Planning Commission Minutes of October 10, 1995 Page 5 Ms. Gloria Sciara replied that the City does not have specific criteria relating to over concentration, but the Alcohol Beverage Control Department has standards such as distance of one establishment per 300 feet. In addition, staff refers such requests to the Campbell Police Department for evaluation and recommendation. Chairwoman Meyer-Kennedy asked if this item has been considered by the Site and Architectural Review Committee. Ms. Gloria Sciara replied that it had not. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 2. Mr. Vince Padilla, A & S Engineering, appearing for the applicants. · Advised that Tosco Northwest Company owns BP Service Stations. · Proposed project will expand a sales area without change to the outside of the structure. · Project adds approximately 78 square feet for a total sales area of 250 square feet. Three door cooler will be installed and the restroom will be redesigned to adapt to ADA requirements. The two existing restrooms are too small to be adapted so they will be merged to create one restroom. There will be only interior access to the restroom. This will create a safer and cleaner restroom. Two existing exterior doors to the restrooms will be closed up. · Original request has been modified to include only beer and wine sales and eliminating the previous request for 24-hour operations. · An ABC license must be obtained and its guidelines for operation met. Included is the requirement that no single cans or bottles be sold, only six packs or four packs. No hard liquor may be sold. · Of the three proposed cooler doors, only one will be stocked with beer and wine items. The other two will be stocked with soft drinks, waters, teas, etc. · Operational hours will be from 6 a.m. to 11 p.m. Has raised no objection from Campbell's Police Department. · They will do everything in their power to prevent loitering on site. · They have no problems with the parking requirement, the upgrades in landscaping, the replacement of street trees, and/or the prohibition of outdoor storage. One concern, however, is the requirement for potential replacement of street lights, a requirement that could become costly. Asked that this requirement be removed, if possible. Chairwoman Meyer-Kennedy asked staff for clarification. Ms. Gloria Sciara advised that this requirement is a standard requirement of the Public Works Department and is consistent with other approvals. Planning Commission Minutes of October 10, 1995 Page 6 Commissioner Kearns asked the applicant whether they would be willing to make the improvements even if the Commission were not supportive of the sales of beer and wine from this service station. Mr. Vince Padilla responded that he was not in a position to respond to this question. Commissioner Lindstrom asked if the service bays were to be eliminated. Mr. Vince Padilla replied that they would remain. Commissioner Lindstrom asked where the expansion would occur. Mr. Vince Padilla advised that one interior wall was to be removed. Two restrooms being merged to create one. The exterior architecture would remain the same with the exception of closing up the two existing restroom doors. MO~O~ On motion of Commissioner Lowe, seconded by Commissioner Kearns, the Planning Commission moved to dose the Public Hearing (6-0-1; Commissioner Higgins was absent). Commissioner Alne stated his concern regarding the sale of alcoholic beverages together with the sale of gasoline. Commissioner Kearns added that she was not particularly in favor of the combination herself. Commissioner Lowe said that he did not see how the dtizens would be served by another beer and wine establishment. Inquired whether the Commission could authorize the expansion without inclusion of beer and wine sales. Mr. Darryl Jones, Senior Planner, advised that the remodel does not require Planning Commission consideration. The matter is before the Commission specifically to consider the Use Permit for beer and wine sales. MO~O~ On motion of Commissioner Alne, seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3001 ntlg_O,Eigg a Use Permit to allow off-sale beer and wine sales in conjunction with an existing BP Service Station (UP 95-15), by the following roll-call vote: Planninl~ Commission Minutes of October 10, 1995 Pal~e 7 Community Development Director Steve Piasecki advised the Commission that they would need to adapt the findings to support the denial, changing supporting findings from positive to negative statements. From Section One findings, eliminate findings 2, 4, 6 and 7 and from Section Two findings, remove finding 3, as they do not apply. AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None Higgins None Commissioner Lindstrom expressed concern about the wording of the findings and recommended changing the word "establishment" to "proposed use." Since the BP Service Station is an existing business which is not currently causing problems to the surrounding area, the beer and wine use is the only concern being addressed when denying the Use Permit. Commissioner Kearns asked whether the applicant can return if they want to revisit the potential for 24-hour operation. Mr. Darryl Jones responded that they could return if they wished to reconsider 24- hour operation. This approval is effective in 10 days unless appealed in writing to the City Clerk. Chairwoman Meyer-Kennedy read Agenda Item No. 2 into the record. 2. UP 95-17 Public Hearing to consider the application of Matthews Land Company, on behalf of GTE Mobilnet, for approval of a Conditional Use Permit to allow the installation of a cellular transceiving facility on property located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. Ms. Kristi Ashburn, Planning Assistant, presented the staff report as follows: · Applicant is seeking the installation of a cellular transceiving facility. C-2-S (General Commercial) Zoning allows the installation of a satellite with the approval of a Conditional Use Permit. · Applicant is proposing to install the cellular transceiving facility on the rooftop of an existing three-story office building located at the corner of W. Hamilton Avenue and San Tomas Expressway. Planning Commission Minutes of October 10, 1995 Page 8 Cellular transceiving facility includes three 25-foot poles mounted on the roof as well as a 125 square foot equipment room. Building is 41 feet tall and the 25-foot poles will create a 66-foot high structure from the ground. SARC reviewed the proposal. Typically roof-mounted equipment is screened and should not be visible from the street. Since the proposed antenna are to be roof-mounted, they would typically require screening. However, staff agrees with the SARC recommendation and staff recommends the continuance of this item to allow the applicant an opportunity to develop a proposal that will minimize the visibility of the antenna from the street. Advised that this request is the first of several in the near future. One other applicant will be proposing three sites in November. Two other providers have initial applications for installation of roof-mounted cellular equipment. Staff recommends denial of the request, if it is not continued. Commissioner Alne questioned why staff was applying an ordinance that applies to satellites when the proposal is for an antenna. Ms. Kristi Ashburn responded that there is no City ordinance concerning antennas so the satellite ordinance is used in part as a basis for staff's recommendation. Commissioner Alne asked staff whether they would require the screening of a flag pole. Ms. Kristi Ashburn replied that the City would not require the screening of a flag pole. Mr. Steve Piasecki, Community Development Director, advised the Commission that aesthetics are something which must be considered in all cases. Commissioner Alne asked staff if they considered and/or had concerns regarding frequency. Mr. Steve Piasecki replied that staff did not concern itself with frequency. Commissioner Alne asked whether his home antenna fell under the jurisdiction of review and requirement for screening. Mr. Steve Piasecki replied that requirements are not in place for residential areas but are in place for commercial areas. Planning Commission Minutes of October 10, 1995 Page 9 Commissioner Alne opined: · That staff was misusing the satellite ordinance. There is no reason to apply the satellite ordinance to this type of equipment and staff is "out in left field" to do so. Antennas are not the same as other roof-mounted equipment. The screen required is more of a problem than a solution. It would be more visible and difficult to accept than the antennas without screening. The antennas is not unattractive. They are not much larger than a flag pole. The room being built to support the antennas should be screened. Will support and move not to continue this item because the City can't make up its mind. Application should be approved. Mr. Steve Piasecki advised: · That staff does not disagree with Commissioner Alne's concerns. The cure (screening) is more of a problem than a solution. It is bad public policy to approve. The City has a policy requiring the screening of roof-mounted equipment. The other applicants with similar requests have equipment that is lower and less visible so it is possible. Agreed that there is no direct analogy between satellites and antennas. Chairwoman Meyer-Kennedy restated that staff is concerned not just with this one application but with the future applications that will be brought before the Commission. Mr. Steve Piasecki, continued: · Agreed that screening a 25-foot high antenna makes it too visible. · This is a prominent building on a high traffic comer. · Applicant could try to identify another building, however, he doubts that they would find one. · Equipment exists that has a lower profile although it is different technology. Commissioner Alne informed the Commission that this is a line of sight communications antenna. It is not obtrusive. If, in the future, other applicants come before the Commission with equipment that is obtrusive, the Commission is about to say no to those future requests. Suggests that the Commission deal with requests as they come. Commissioner Lowe stated his desire for more information. Chairwoman Meyer-Kennedy asked if there would be a SARC report or whether Commissioner Alne's previous remarks could be considered the SARC report. Planning Commission Minutes of October 10, 1995 Page 10 Commissioner Alne stated that his remarks could be interpreted as the SARC report. Chairwoman Meyer-Kennedy opened the Public Hearing for Agenda Item No. 2 (heard as the third item of business). Mr. Derek Empey, Matthews Land Company, for GTE Mobilnet. Applicant: · Requests that no continuance be made on this application. · Asks the Commission to approve the request with the elimination of Condition of Approval No. 2. · GTE determined the need for this cellular transceiving facility more than 18 months ago. City of Campbell staff directed them to this location. GTE study the site and found it to be a feasible location for their needs. · Service area to benefit from this equipment includes Hamilton Avenue, Campbell Avenue and the Downtown Campbell area. · GTE takes into consideration the aesthetics of their equipment and sensitivity to the neighboring area. A visual analysis was conducted. · This site is only one leg of many. · The equipment will be on a central spot on the building. Colors will blend with the host building. The presence of mature trees will help screen the equipment. · SARC reviewed and accepted the proposal while staff recommended further screening. GTE asks for removal of the requirement for screening. · This vertical antennas will blend into the skyline. · Screening is not warranted. If the Commission votes to require screening, the applicants are seeking more direction as to how to accomplish screening. · This antenna is essential to GTE to provide service. Commissioner Lowe had three questions. The first, if lowered, would the effectiveness of the antenna be impacted. Mr. Empey responded that it would. Extensive testing has determined that the proposed height is the minimum required. Commissioner Lowe then asked what percentage of degradation of service would be experienced by the lowering of the antenna. Mr. Empey deferred this question to the GTE Engineer in the audience. Commissioner Lowe asked whether the proposed antenna was the standard size for the application. Mr. Empey said that it was. Planning Commission Minutes of October 10, 1995 Page 11 Commissioner Lowe asked if there were any alternatives. Mr. Empey said they had considered other options, this was the most desirable. Commissioner Lowe asked about benefits during emergencies. Mr. Empey advised that during disasters, such as earthquakes, traditional communication systems do not always function. Cellular systems worked during the last earthquake. Cellular systems have emergency back up systems. Commissioner Lowe mentioned a ground level antenna depicted on the site plan. Mr. Empey advised that this was an error and no ground level antenna was proposed. Commissioner Alne asked Mr. Empey whether the F.C.C. prevents unreasonable local restrictions being placed by cities which may prevent the provision of such services for the public good. Mr. Empey stated that he believed Mr. Alne was correct in his assumption. MO~O~ On motion of Commissioner Alne, seconded by Commissioner Lowe, the Planning Commission moved to close the Public Hearing (6-0-1; Commissioner Higgins was absent). MO~O~ On motion of Commissioner Alne seconded by Commissioner Lowe, the Planning Commission adopted Resolution No. 3002 approving a Conditional Use Pemiit to allow the rooftop installation of a cellular transceiving facility, with the elimination for Condition No. 2 which required screening of the antennas, on property located at 700 W. Hamilton Avenue, by the following roll- call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None Higgins 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 October 10, 1995 Page 12 3. UP 95-18 Public Hearing to consider the application of Mr. John Kirkorian, on behalf of Kirkorian Enterprises, for a Conditional Use Permit to allow outdoor seating, an adjustment in the parking ratio to permit additional restaurant seating, on-sale beer and wine licenses in conjunction with approved restaurant uses and relocation of a can recycling facility on properties located at 1550-1820 W. Campbell Avenue and 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: Applicant is seeking a Conditional Use Permit to allow new restaurant uses as part of the current remodel. The approval of outside seating for three restaurants is requested. The installation of new parking is proposed, with additional parking to be added to the rear of the Fabricland building. The original request included the relocation of the Can Bank facility, however, the applicant has removed this portion of the request from consideration leaving the Use Permit to encompass beer and wine with restaurant uses, outdoor seating and a reduced parking ratio to allow additional restaurant seating. The property is zoned C-1-$ (Neighborhood Commercial). Staff is recommending that a Condition of Approval be included which requires a spedfic seating plan. Renzo's will be demolished next year. This demolition will create an additional 12 parking spaces on site. Parking for the center is shared with varying demands from the mixed use of the site. Staff recommends the approval of two Resolutions: 1. A Resolution approving the on-sale beer and wine sales with two restaurant uses (Clarke's Charbroiler and City Expresso). 2. A Resolution approving the outside seating and adjusted parking ratio. Chairwoman Meyer-Kennedy asked for clarification as to the location of Clarke's and City Expresso. Mr. Tim Haley advised that City Expresso was on W. Campbell Avenue at Fulton and Clarke's was on San Tomas Aquino Road at Campbell. Nonno's Pizza already has a Use Permit for beer and wine and is seeking approval of its existing outdoor seating which was established without a Use Permit. He added that the removal of Renzo's will take away 250 restaurant seats and provide 12 additional parking spaces. Commissioner Lindstrom asked whether the Renzo's building was coming down. Planning Commission Minutes of October 10, 1995 Page 13 Mr. Tim Haley advised that it would be demolished and replaced with a six to eight thousand square foot retail structure, replacing the current 10,000 square foot structure. Commissioner Lindstrom asked whether a future parking shortage could be anticipated when the new retail is built to replace Renzo's. Mr. Tim Haley advised that it was a subject that would have to be revisited if an intensification in use is proposed by the center in the future. Commissioner Lowe asked if the Can Bank was being moved or removed. Mr. Tim Haley advised that the Can Bank will be removed. Commissioner Alne presented the Site and Architectural Review Committee report as follows: · SARC was concerned about the potential use of a public address system outdoors which could create a nuisance to the surrounding residential uses. Proposed the addition of a Condition of Approval, preventing the use of any public address systems in conjunction with the outdoor seating. · SARC recommended approval. Chairwoman Meyer-Kennedy asked if that proposed condition had been added. Mr. Haley responded that staff had included SARC's recommended Condition of Approval. Mr. Kent Kirkorian, Kirkorian Enterprises, applicant. Renzo's is closing, a fact initiated by the owners' desire to retire. When the building is demolished, it will be replaced with a 6,000 square foot building and design so as to open up the center. Outdoor seating has become quite in demand for restaurant uses. They seek to put in businesses that serve the community such as The Right Stuff fitness center. MO~O~ On motion of Commissioner Alne, seconded by Commissioner Lowe, the Planning Commission moved to dose the Public Hearing (6-0-1; Commissioner Higgins was absent). Planning Commission Minutes of October 10, 1995 Page 14 MO~O~ On motion of Commissioner Alne seconded by Commissioner Lowe, the Planning Commission adopted: 1. Resolution No. 3003 approving a Conditional Use Permit to allow on-sale beer and wine licenses in conjunction with two approved restaurants (Clarke's and City Expresso); and 2. Resolution No. 3004 approving a Condition Use Permit to allow outdoor seating (Clarke's, Nonno's Pizza and City Expresso) and an adjustment in parking ratio to allow expanded interior restaurant seating (Clarke's and City Expresso), with a Condition of Approval prohibiting the use of a public address system in conjunction with the outdoor seating, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy None Higgins None This approval is effective in 10 days unless appealed in writing to the City Clerk. REPORT OF THE COMMUNITY DEVELOPMENT DIRECrQR The written report of Mr. Steve Piasecki, Community Development Director was presented as follows: Introduced the newest Planner I, Barbara Ryan, who was hired to fill the vacancy left by the departure of Curtis Banks. · Advised the Commission that work has begun on the Bank of America building at the Pruneyard. · Advised that the demolition of the San Tomas Village Shopping Center has been completed. · Advised that Snappy Lube had begun clearing their site on Hamilton Avenue. · Highlighted the articles re the impact of Measure A: - Vasona Corridor will not be funded - The Tasman light rail will be expanded - 880/237 interchange and expansion in number of lanes on 880 are at risk - 237 expansion at the airport is at risk - The Transportation Agency is disappointed in the action of the Supreme Court. Planning Commission Minutes of October 10, 1995 Page 15 Mr. Darryl Jones advised that the SARC meeting scheduled for October 12th has been cancelled as has the Planning Commission meeting of October 26th, due to a lack of agenda items. Commissioner Lowe mentioned seeing signage stating that the Peachtree project is not 75% sold. Commissioner Lindstrom inquired about the proposed time change for future SARC meetings. Mr. Darryl Jones advised that the earlier time is requested by one SARC member. Chairperson Meyer-Kennedy advised that she needed to appoint a representative to the Downtown Committee. Commissioner Kearns has agreed to serve this role. Mr. Darryl Jones advised that he will confirm meeting times with the Downtown committee to ensure that they do not conflict with Commissioner Kearns' other commitments. Mr. Steve Piasecki inquired whether the Commissioners found the inclusion of pertinent news articles to be informative. Both Commissioner Kearns and Chairwoman Meyer-Kennedy stated that they found this material helpful and informative. ADJOURNMENT The Planning Commission meeting adjourned at 8:57 p.m. to the next Planning Commission meeting of November 14, 1995, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITrED BY: Connne A. Shinn, Recordin~ecretary ~i~en(~Chafrw°man eve Pia~ecki~ Se;:ret~r~