PC Min 02/22/1994CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
FEBRUARY 22, 1994
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of February 22, 1994, was called to order
at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell,
California by Chairperson Perrine, and the following proceedings were had, to
wit:
ROLL C. ALL
Commissioners Present:
Chairperson:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Jay Perrine
Lee Akridge
I. Alne
Susan A. Kearns
Mel Lindstrom
Dennis Lowe
Commissioners Absent: Vice Chair:
Jane Meyer-Kennedy
Staff Present:
Community
Development Director: Steve Piasecki
Associate Planner: Tim Haley
Planner I: Mark Rhoades
City Attorney: William Seligmann
Reporting Secretary: Corinne A. Shinn
APPROVAL OF MINUTES
Motion: On motion of Commissioner Lindstrom, seconded by
Commissioner Akridge, the Planning Commission minutes of
February 8 1994, were approved (5-1-1; Commissioner Akridge
abstained and Commissioner Meyer-Kennedy was absenL)
COMMUNICATIONS
Amended Conditions of Approval for Agenda Item No. 2 were distributed.
Planning Commission Minutes of February 22, 1994 Page 2
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
ORAL REOUESTS
There were no oral requests.
PUBLIC HEARINGS
Chairperson Perrine read Item No. 1 into the record.
1. ZC 94-01
GP 94-01
Public Hearing to consider the request of Tom and Jean
Murphy, Russell William and Insun Teresi and City
initiated application to allow an amendment to the Land
Use Element of the General Plan and approving the
prezoning of the properties located at 1410 and 1426 Sharp
Avenue to R-l-6 (Single Family Residential) Zoning
District).
Mr. Mark Rhoades,
·
·
Planner I, presented the staff report noting the following:
An annexation requires a General Plan Amendment and Zone Change.
The property owners approached the City of Campbell with the request
that their two single-family residential lots be annexed into the City of
Campbell from the City of San Jose. The residents stated a history of
problems with delivery of services and a concern regarding potential
confusion with the delivery of emergency response. These two
properties are nestled within a block of homes which are within the City
of Campbell and the annexation of these two homes into the City of
Campbell is a logical action.
The City of San Jose agreed in December 1993 to de-annex the two single-
family lots.
Staff recommends approval of this request
Chairman Perrine opened the Public Hearing on Item No. 1.
Public Hearing re Item No. 1
There were no parties interested in addressing this item.
MOTION:
On motion of Commissioner Alne seconded by Commissioner
Lindstrom, the Planning Commission moved to close the
Public Hearing. (6-0-1; Commissioner Meyer-Kennedy was
absent.)
Planning Commission Minutes of February 22, 1994 Page 3
MOTION:
AYES:
NOES:
ABSENT:
On motion of Commissioner Alne, seconded by Commissioner
Akridge, the Planning Commission:
1. Adopts Resolution No. 2901 recommending approval of a
General Plan Amendment; and
2. Adopts Resolution No. 2902 recommending approval of a
Zone Change; and
3. Recommend that the City Council direct staff to initiate
annexation proceedings with LAFCo (Local Agency
Formation Commission)
by the following roll-call vote:
Akridge, Alne, Kearns, Lindstrom, Lowe, Perrine
None
Meyer-Kennedy
Chairperson Perrine read Item No. 2 into the record.
3. LIP 92-01
Public Hearing to consider the revocation of a Conditional
Use Permit for property located at 220 E. Campbell
Avenue in a C-3-S (Central Business District) Zoning
District due to a lack of compliance with the Conditions of
Approval.
Mr. Tim Haley, Associate Planner, presented the staff report noting the
following:
· On February 25, 1994, the Planning Commission approved a Conditional
Use Permit allowing office use in a building located downtown at 220 E.
Campbell Avenue.
· The City Council approved the Use Permit on March 17, 1992.
· This item is before the Planning Commission because the applicant has
not met three (3) Conditions of Approval as follows:
1. The installation of awnings.
2. Landscaping
3. Proof of easement for use of alleyway for ingress/egress to parking
area.
· Staff met recently with the applicant who is willing to meet
requirements.
· Staff recommends that the Planning Commission forward to the City
Council amended Conditions of Approval as follows:
Planning Commission Minutes of February 22, 1994 Page 4
1. Establish a deadline for the installation of the required awning
treatment by December 31, 1994.
2. Eliminate the requirement for proof of easement with the caveat
that should the right of use of the alleyway be challenged the Use
Permit would be canceled.
Staff recommends that the Planning Commission adopt a Resolution
recommending that the City Council not revoke the Use Permit (UP 92-
01) at this time.
Commissioner Alne asked what the original deadlines were and what reason
was given for the Conditions of Approval not being met.
Mr. Tim Haley, Associate Planner, replied that the applicant has stated the
costs of meeting these Conditions prevented his compliance. The deadline
for meeting Conditions of Approval is at the time of occupancy. Mr. Haley
also mentioned that the applicant has assured him that the landscaping
would be completely installed within the next three weeks.
City Attorney William Seligmann interjected that the Condition requiring
proof of an easement for use of the alleyway for ingress/egress is difficult to
obtain as there are no clear records available. The use has been in place for a
number of years and to date no one has challenged that use. If challenged, the
Use Permit could be revoked.
Commissioner Akridge suggested specifying in the Planning Commission's
Resolution a deadline of March 31, 1994, for the installation of the
landscaping.
Chairman Perrine opened the Public Hearing on Item No. 2.
MOTION:
On motion of Commissioner Lindstrom, seconded by
Commissioner Lowe, the Planning Commission moved to
close the Public Hearing. (6-0-1; Commissioner Meyer-
Kennedy was absent.)
MOTION:
On motion of Commissioner Lindstrom, seconded by
Commissioner Kearns, the Planning Commission adopts
Resolution 2903 recommending that the City Council amend
the Conditions of Approval for UP 92-01 as follows:
1. Set a deadline for completion of landscaping of April 1,
1994,
Planning Commission Minutes of February 22, 1994 Page 5
AYES:
NOES:
ABSENT:
2. Establish a deadline for the installation of the awning
treatment installation by December 31,1994.
3. Eliminate the requirement for the proof of an easement
for use of the alleyway for ingress/egress with the
understanding that should the use of the alleyway in such
a manner be challenged, the Use Permit will be revoked,
by the following roll-call vote:
Akridge, Alne, Kearns, Lindstrom, Lowe, Perrine
None
Meyer-Kennedy
Chairperson Perrine read Item No. 3 into the record.
3. UP 93-18
Public Hearing to consider the application of Ms. Brenda
Albrecht, on behalf of Dolphin Pet Village, for approval of
a Conditional Use Permit to allow the establishment of a
retail pet store on property located at 90 N. San Tomas
Aquino Road in a C-2-S (General Commercial) Zoning
District.
Mr. Tim Haley, Associate Planner, presented the staff report as follows:
· Applicant is seeking a Conditional Use Permit to establish a pet store in
9,600 square feet of retail space at San Tomas Plaza Shopping Center (at
N. San Tomas Aquino Road and W. Campbell Avenue) in space
previously occupied by a fitness center.
· The property is zoned C-2-S (General Commercial) and the General Plan
designation is Commercial.
· The applicant has occupied a location at Kirkwood Plaza for the last 29
years.
· The proposed hours of operation are from 10 a.m. to 9 p.m., Monday
through Friday and from 10 a.m. to 6 p.m., Saturday and Sunday.
· The parking requirements for this retail pet store are similar to those of
the previous tenant, the fitness center and the proposed use does not
represent an intensification of the demand.
· Staff recommends the following Conditions of Approval:
1. Installation of trees in the parking area.
2. Installation of a screened trash enclosure area.
· With the above-mentioned Conditions of Approval, staff recommends
that the Planning Commission adopt Resolution No. 2904.
Planning Commission Minutes of February 22, 1994 Page 6
Commissioner Lowe inquired why the Categorical Exemption was filed.
Mr. Tim Haley replied that an environmental review was not required since
the proposed location is within an existing building and it represents interior
tenant improvements.
Public Hearing re Item No. 3
Mr. David Buchholz, Broker for the Applicant, addressed the Commission as
follows:
· Was there any way the Commission would see fit to limit the
requirement for installation of trees.
Mr. Tim Haley replied that the requirement was for the installation of eight
(8) trees.
Commissioner Lindstrom inquired where these trees were to be installed and
why this requirement was being placed on this applicant.
Mr. Tim Haley replied that Zoning Ordinance requirements call for
landscaping.
Commissioner Lindstrom asked why the landlord was not being asked to
assume this responsibility for the installation of trees.
Mr. Tim Haley replied that this requirement was an attempt to bring the
development to current standards.
Commissioner Lindstrom asked what would occur if the landlord refused to
allow the installation of landscaping.
Commissioner Alne inquired whether the landlord could rent his space to
another type of business that would not require a Conditional Use Permit and
not be faced with the requirement for landscaping installation.
Mr. Tim Haley replied yes he could.
Mr. Steve Piasecki, Community Development Director, clarified that for each
application parking, trash enclosures and landscaping provisions are
reviewed when a development or Use Permit application is before the
Planning Commission.
Commissioner Alne asked whether the lease has been finalized.
Planning Commission Minutes of February 22, 1994 Page 7
Mr. David Buchholz, Broker for the Applicant, responded that negotiations
are underway and that a second potential tenant is also attempting to obtain
the space, a business that would not require a Conditional Use Permit. He
mentioned that the applicant's current site, Kirkwood Plaza, is demolishing
the portion of the building in which applicant's business is located within the
next year. Leases have been canceled.
Commissioner Lindstrom stated his belief that this is a business that wants to
continue operation in the same general area it has been in for 29 years. They
already are paying nearly $1,500 for the Conditional Use Permit process. To
ask them to pay the additional landscaping cost is unfair.
Commissioner Akridge inquired of Mr. Buchholz what exactly he meant by
"lessening" the requirement for installation of landscaping.
Mr. Buchholz, broker for the applicant, replied that he felt they could handle
no more than $3,000 to $4,000 in costs for landscaping.
Commissioner Alne asked what staff projected the costs of required
landscaping.
Mr. Tim Haley, responded that the requirement asks for eight (8) 15-gallon
trees to be planted in existing irrigated areas. The typical cost for such trees is
approximately $250 each.
Mr. Buchholz replied that the applicant would agree to install the required
trees at a cost not to exceed $3,000.
MOTION:
On motion of Commissioner Lowe, seconded by
Commissioner Alne, the Planning Commission moved to
close the Public Hearing. (6-0-1; Commissioner Meyer-
Kennedy was absent.)
MOTION:
On motion of Commissioner Akridge, seconded by
Commissioner Lindstrom, the Planning Commission adopts
Resolution 2904, approving a Conditional Use Permit to allow
a retail pet store on property located at 90 N. San Tomas
Aquino Road in a C-2-S (General Commercial) Zoning District,
by the following roll-call vote:
AYES:
NOES:
ABSENT:
Akridge, Alne, Kearns, Lindstrom, Lowe, Perrine
None
Meyer-Kennedy
Planning Commission Minutes of February 22, 1994 Page 8
REPORT OF THE (~QMMUNITY DEVELOPMENT DIRECTOR
The written report of Mr. Steve Piasecki, Community Development Director,
was accepted with the following highlights:
· The City Council approved the San Tomas School Site recommendation
at its meeting of February 15, 1994, and held the first reading of the
Ordinance. The second reading will take place at the City Council
meeting of March 1, 1994.
· This evening marks the last meeting for Commissioner Lee Akridge
who is moving to Virginia as a result of a business transfer.
Commissioner Akridge will attempt to attend the March 22, 1994,
Planning meeting to receive a commemorative plaque from the
Commission.
ADJOURNMENT
The Planning Commission meeting adjourned at 8:22 p.m., to the next
Planning Commission meeting of March 8, 1994, at 7:30 p.m., in the Council
Chambers, City Hall, 70 North First Street, Campbell, California.
SUBMITTED BY: ~
C~ Shinn ~ording Secretary
Jay ee~r.~ne_fZ~rs°n
ATTEST: " ~ '~/~ ,
(~t~~~e :1~: Secretary