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PC Min 04/12/1994CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY APRIL 12, 1994 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of April 12, 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 CALL Commissioners Present: Chairperson: Commissioner: Commissioner: Commissioner: Commissioner: Jay Perrine I. Alne Susan A. Kearns Mel Lindstrom Dennis Lowe Commissioners Absent: Staff Present: Vice Chair: Community Development Director: Associate Planner: Planner II: Planner I: Public Works: City Attorney's Rep: Reporting Secretary: Jane Meyer-Kennedy Steve Piasecki Tim Haley Curtis Banks Gloria Sciara Mike Fuller Joe Raineri Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Lindstrom, seconded by Commissioner Lowe, the Planning Commission minutes of March 22, 1994, were approved (5-0-1; Commissioner Meyer- Kennedy was absent.) COMMUNICATIONS 1. Letter from Robin Pease, 408 Harrison Avenue regarding Item No. 3. 2. Letter from Don R. Arnold, 310 Harrison Avenue regarding Item No. 3. Planning Commission Minutes of April 12, 1994 Page 2 AGENDA MODIFIC. ATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS Chairperson Perrine read Item No. 1 into the record. 1. S 94-01 Public Hearing to consider the application of Mr. Kenneth Nelson, on behalf of Mr. Robert Keifer, for approval of a Site and Architectural application to allow the expansion of a parking area on properties located at 1490 and 1506 Whiteoaks Road in a M-1-S (Light Industrial) Zoning District. Mr. Tim Haley, Associate Planner, presented the staff report noting the following: · Applicant is seeking an expansion of an existing bus service yard with an additional 27 parking spaces. · A previous approval on this site allowed the construction of a two-story office building. · The proposed project includes landscaping on 18.4% of the site with landscaping to be added on the Whiteoaks Road frontage and a 10 foot landscaping buffer to the rear of the project site to separate the employee parking area from the residential property adjacent. · The use is a permitted use in a Light Industrial Zoning District. · Project site is surrounded by residential uses. The proposal includes sound walls at the easterly and southerly property lines to serve as additional noise buffers for the residential properties. Staff feels that the sound walls and landscaping will greatly mitigate noise concerns. · Operational hours are from 5:30 a.m. until 6 p.m. · Site holds 10 large buses, 21 smaller buses and 12 employee parking spaces. · Staff recommends that the Planning Commission grant a Negative Declaration and adopt a Resolution approving this project subject to the Conditions of Approval. Commissioner Alne presented the Site and Architectural Review Committee position as follows: · The Site and Architectural Review Committee reviewed this project on March 24, 1994, and found that a great deal of effort has been made by the applicant to mitigate any noise concerns and to buffer this site from its residential neighbors. Planning Commission Minutes of April 12, 1994 Page 3 · SARC recommends approval. Chairman Perrine opened the Public Hearing on Item No. 1. Public Hearing re Item No. 1 Ms. Diana Hunter, 101 Redding Road, #B3, Campbell. · Identified herself as a four-year resident in the adjoining townhome complex. · Expressed concerns regarding the beeping noise that occurs when these buses back up at 5:30 in the morning. · Mentioned that the employee parking area is right below her bedroom window and she is concerned about the slamming of car doors beginning at 5 a.m. Suggests that spare buses be parked at this spot rather than employee parking. Commissioner Alne asked Ms. Hunter whether she had discussed her concerns with the applicant to which she replied she had not. Commissioner/kine inquired whether the backup bells can be silenced. Mr. Bob Keifer, Applicant and Property Owner since 1975. · Identified himself as the provider of Special Education bus transportation for the City of Campbell for the last 20 years. Stated that the backup bells are a safety feature. Mentioned that the majority of his drivers keep the mini buses at their homes. The buses in the yard are generally a reserve fleet. Drivers bring in their buses every 3,000 miles for service. Buses are required to be warmed up for a minimum of 15 minutes. Commissioner Alne asked whether CAL-OSHA required the backup bells on buses as they are required on construction equipment. Acting City Attorney Joe Raineri replied that he did not believe so but that he would investigate further. Mr. Sid Nash, Consultant for project. · Suggested a solution to the backup bell problem would be to back buses into the parking spaces at the end of the workday so they would not have to be backed up early the next morning as they depart. Commissioner Lindstrom inquired whether current employee schedules were in any way changing to which Mr. Nash replied they were not. Planning Commission Minutes of April 12, 1994 Page 4 Commissioner Lindstrom continued that he found the proposed project acceptable and that the applicant and neighbors have demonstrated an ability to work together to settle any differences. Commissioner Alne stated that he supports the proposal as long as any backup bell noise can be eliminated. Commissioner Lowe stated his position that backup bells should not be disabled as they serve a vital safety feature for children. Mr. Tim J. Haley, Associate Planner, stated that Condition of Approval (l-A) would need to be amended to allow more flexibility by stating "employee or small bus parking" to allow either option. MOTION: On motion of Commissioner Alne, seconded by Commissioner Lowe, the Planning Commission moved to close the Public Hearing. (5-0-1; Commissioner Meyer-Kennedy was absent) MOTION: On motion of Commissioner Lindstrom, seconded by Commissioner Kearns, the Planning Commission adopts Resolution No. 2909 approving the expansion of a parking area on properties located at 1490 and 1506 Whiteoaks Road by the following roll-call vote: AYES: NOES: ABSENT: Alne, Kearns, Lindstrom, Lowe, Perrine None Meyer-Kennedy Chairperson Perrine read Item No. 2 into the record. 2. M 94-02 (UP 89-19) Hearing to consider the application of Mr. Joe Salvador, on behalf of Railway Distributing, for approval of a Modification to extend a previously approved Use Permit (UP 89-19) for an existing business located at 246 Railway Avenue. Mr. Tim Haley, Associate Planner, presented the staff report noting the following: Planning Commission Minutes of April 12, 1994 Page 5 Applicant is seeking a three-year extension of a Use Permit that allows storage and parking. This Use Permit was originally granted in 1985 and extensions were granted in 1988 and 1991. The current Use Permit expires in June, 1994. The site is located within a Redevelopment Area on Railway Avenue. Each time the Use Permit is renewed, the applicant is required to sign an agreement to vacate the site within six months when noticed if redevelopment of the area is planned by the City. Staff recommends that the Planning Commission adopt a Resolution extending this Use Permit for an additional three-year period. Commissioner Alne presented the Site and Architectural Review Committee position as follows: SARC reviewed this proposal on March 24, 1994, and found that there are no changes to the Use Permit outside of extending it. Under the same Conditions of Approval, SARC recommended an extension be granted. Chairman Perrine opened the Public Hearing on Item No. 2. There were no parties interested in addressing Item No. 2. MOTION: On motion of Commissioner Alne, seconded by Commissioner Lindstrom, the Planning Commission moved to close the Public Hearing. (5-0-1; Commissioner Meyer-Kennedy was absent) MOTION: On motion of Commissioner Lindstrom, seconded by Commissioner Kearns, the Planning Commission adopts Resolution No. 2910 approving the extension of a previously approved Use Permit (UP 89-19) for an additional three-year period, by the following roll-call vote: AYES: NOES: ABSENT: Alne, Kearns, Lindstrom, Lowe, Perrine None Meyer-Kennedy Chairperson Perrine read Item No. 3 into the record. Planning Commission Minutes of April 12, 1994 Page 6 3. M94-03 Public Hearing to consider the application of Home Depot USA for approval of a Modification to a previously approved Planned Development Permit to modify the receiving hours at the lumber receiving door; to establish an off-loading area adjacent to the receiving dock; to establish procedures for outdoor displays and on-site special events; and approval for an outdoor food vendor; on property located at 480 E. Hamilton Avenue in a PD (Planned Development) Zoning District. Mr. Curtis Banks, Planner II, presented the staff report as follows: · Lumber Receiving Area: Hours are currently from 9 a.m. to 5 p.m. The applicant wants to extend the hours from 8 a.m. to 6 p.m. and include Saturdays. During these expanded hours, the trucks would be directed to leave Home Depot by Salmar Avenue. Loading Areas: Applicant seeks approval to leave merchandise outdoors overnight. "Road Shows": Applicant seeks approval to allow vendors to instruct Home Depot employees on the use of products through demonstrations to be held in the parking area. These demonstrations are for employees only and would be limited to Monday through Friday, between the hours of 8 a.m. to 7 p.m., with no more than six per year. Customer Demonstrations: Vendors would conduct training on use of products for the public. Applicant seeks approval for these demonstrations to be held at any time during the week and between 10 a.m. and 6 p.m. on weekends. Outdoor Display: Seeking approval of outdoor displays under the arcade and along the wall in the garden area. A five-foot clearance on the walkways is required. Food Vendor: Applicant seeks approval of a food vendor to be located outdoors at the front of the store. Staff will approve final selection of vendor. Home Depot held a meeting with local residents and two major concerns were raised by the residents: 1. The expansion of hours for the lumber receiving and the resulting truck traffic on Harrison Avenue. Currently there is signage on Harrison prohibiting truck traffic. Home Depot will post additional signs to notify trucks not to use Harrison Avenue. 2. The second concern was noise from the forklifts. Since Home Depot switched to electric forklifts, this problem has been solved. Warning beepers can be disarmed while forklifts are being utilized outdoors. Planning Commission Minutes of April 12, 1994 Page 7 Commissioner Alne presented the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal at its meeting of March 24, 1994, and recommends approval. Chairman Perrine opened the Public Hearing on Item No. 3. Mr. Jim Lyon, Real Estate Manager for Home Depot. · Wanted to clarify that Home Depot currently off loads garden material (green plants) directly beside the garden area and items are immediately counted and carried into the garden area. (Re: Condition 6(A)) · Also asked that the Commission allow him to contact the Fire District to inquire whether the pallet stack height might be reconsidered. (Re: Condition 6(B)) Commissioner Alne inquired of Mr. Lyon whether the backup bells had been eliminated from vehicles being used outdoors and whether this use was legal. Mr. Lyon responded: · He has contacted Home Depot's Insurance Executive and Operational Manager and learned that the bells are mandatory when operating the forklifts inside the store but are optional outdoors. Commissioner Lowe inquired when the truck backup area in the loading area would be used. Mr. Lyon replied that only during the hours of 8 a.m. to 9 a.m. and 5 p.m. to 6 p.m. on weekdays and on Saturdays. Commissioner Lowe inquired whether Saturday deliveries were necessary. Mr. Lyon responded that they were needed. Mr. Al Moody, Assistant Manager of Home Depot. · Reiterated that none of the tractor trailers has backup beepers. Ms. Rebecca Purdie, 382 N. Harrison Avenue. · Expressed concern that noise be kept at a minimum. Trucks coming up along the building adjacent to Harrison Avenue homes causes much noise. Several times recently trucks have been heard very early in the morning. Occasionally, these trucks blast their horns early. Mr. Curtis Banks, Planner II. · Three gates have been installed which prevent access by trucks after hours. Planning Commission Minutes of April 12, 1994 Page 8 Mr. Robert Nicholas, P.O. Box 112272, Campbell, 95010. · Read from a letter he wrote, dated November 14, 1991, "at no time should Home Depot be allowed to rent, lease or acquire any part of Campbell School District maintenance yard." · Stated that the extra hour at the start and end of the day are right in the middle of the morning and evening rush hours. · Because both Fry's and Home Depot generate so much traffic, trucks pay no attention to the signs to use Salmar to exit and instead end up on Harrison to leave Home Depot. · Complimented the current Home Depot store management as responsive to local residents' concerns but is not confident that this cooperation can always be counted upon as staff changes occur. · Opposes this modification but if it is adopted asks that it be adopted for a trial period before being made permanent. · Stated that Staff/Commissioners/Councilmembers do not live on their street. The quality of living and property values are being impacted by Home Depot. · Asked for physical barriers on Harrison to prevent trucks from using Harrison. Stated his belief that the Campbell Police do not have the time to patrol the illegal use of Harrison by Home Depot delivery trucks. Commissioner Alne stated that he believed Home Depot should be held to meeting the Conditions of Approval under which they were allowed to establish business. He stated that he did not hold Home Depot accountable when its vendor delivery trucks did not obey posted signs prohibiting truck traffic on Harrison. Enforcing street regulations is the responsibility of the Police Department and not Home Depot. Mr. Robert Nicholas inquired why staff has not come up with a concrete way to keep trucks of their street. Commissioner Lowe opined that it would be difficult to establish a barrier that would detract trucks while allowing cars to turn right onto Harrison Avenue from Salmar. If current signs are not working, something else should be utilized. Chairman Perrine asked who owned the land onto which the backup area would be established. Mr. Curtis Banks, Planner II, replied that this parcel was owned by the Campbell Union School District. Planning Commission Minutes of April 12, 1994 Page 9 Mr. David Brown, 260 Harrison Avenue. · Stated two objections: the unloading of lumber and noise problems. Commissioner Alne stated his support of the application. Commissioner Lowe stated his belief that residential areas deserve a quiet home life on weekends. He personally would object to this in his neighborhood and does not support the expanded Saturday delivery hours. Commissioner Alne stated that he observes how busy Home Depot is each Saturday and the need for on-going deliveries is clear. Commissioner Kearns stated her support of a trial basis and the possibility of barriers on Salmar at Harrison. Commissioner Lowe mentioned that the noise levels on Harrison are within the normal level and that the Saturday delivery and off loading would not be done near homes. He asked whether deliveries occurred all day long. (Mr. Lyons of Home Depot replied "no".) He would support the idea of a 12 month trial period. Feels that this is a well-planned proposal and that traffic problems are a police and public works concern. Supports plan either as a trial or permanently. Commissioner Lowe stated that he felt a six-month trial basis is needed. Commissioner Alne stated that he could not support a barrier on Salmar but could support a 12-month review period. Chairperson Perrine stated that since space in Campbell is at a premium, Home Depot has less storage space than needed and therefore additional deliveries are required to keep adequately the store stocked to serve the public demand. He is not particularly supportive of a trial period because at any time the applicant is not meeting the Conditions of Approval, the Planning Commission has the option to revoke a Use Permit. Commissioner Lindstrom asked whether the City has proper procedures to revoke. Steve Piasecki, Community Development Director, replied that the Commission has a revocation hearing to rescind a Use Permit. He also clarified that if the Commission deems a trial period necessary that would need to become an additional Condition of Approval. Planning Commission Minutes of April 12, 1994 Page 10 MOTION: MOTION: AYES: NOES: ABSENT: On motion of Commissioner Alne, seconded by Commissioner Lindstrom, the Planning Commission moved to close the Public Hearing. (5-0-1; Commissioner Meyer-Kennedy was absent) On motion of Commissioner Alne, seconded by Commissioner Lindstrom, the Planning Commission adopts Resolution No. 2911 approving the extension of hours at the lumber receiving door; the establishment of an off-loading area adjacent to the receiving dock; the establishment of procedures for outdoor displays and on-site events; and permission for an outdoor food vendor; at Home Depot, located at 480 E. Hamilton Avenue in a PD (Planned Development) Zoning District, by the following roll-call vote: Alne, Kearns, Lindstrom, Lowe, Perrine None Meyer-Kennedy At 9:30 p.m., Chairperson Perrine call a ten-minute recess. The meeting reconvened at 9:40 p.m. Chairperson Perrine read Item No. 4 into the record. 4. PM 94-01 Public Hearing to consider the application of Mr. Terry McElroy for approval of a Tentative Parcel Map to allow a two-lot split for property located at 41 and 51 Mission Way in a PD (Planned Development-Medium Density Residential/Commercial) Zoning District. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Applicant is seeking to split an existing lot located on a private drive. Lot contains two residences and two detached garages. The split would create one lot of 4,700 square feet and a second lot of 6,900 square feet. · The property is located in an area designated as Medium-Density Residential/Commercial on the General Plan. Planning Commission Minutes of April 12, 1994 Page 11 Staff recommends removal of this item from the agenda with the Planning Commission's recommendation to the City Council to have staff study the General Plan zoning designation and consider lowering the residential density on this property. Splitting this lot will limit development options of the site. Commissioner Lindstrom asked the size of the residential lot adjacent to the subject property. Mr. Tim J. Haley replied the adjacent lot is approximately 5,000 square feet. Mr. Lindstrom asked why the property owner wanted to split the lot. Commissioner Alne responded that a reason was not necessary. Simply the property owner wanted to split his property. He stated his belief that the property owner should be allowed to split his lot if he so chooses. Commissioner Alne presented the Site and Architectural Review Committee report as follows: · SARC reviewed this proposal and found it acceptable with the condition that a maintenance agreement be developed to share responsibility for upkeep of the private roadway. · SARC recommends approval. Chairperson Perrine inquired how long a staff review of the General Plan would take. Mr. Tim J. Haley replied that the process could take until August or September. Chairperson Perrine opened the Public Hearing for Item No. 4. Mr. Terry McElroy, 380 Bella Vista, Los Gatos. · He purchased the site in 1978. Current site zoning was initiated by him. Stated that the homes on this private drive are owner-occupied and exceptionally well maintained. His two houses are rentals and will remain so unless the lot split is accomplished so that each house can be sold and hopefully become owner occupied. · Asks that the lot split be approved prior to any study of the General Plan designation. · The private drive on which the lot is located cannot handle expanded developments on the street but is more than adequate for the current number of dwellings. · An informal road maintenance agreement is already in effect and will be formalized. Planning Commission Minutes of April 12, 1994 Page 12 Chairperson Perrine inquired how old the houses on site were. Mr. McElroy replied approximately 70 years. Commissioner Lindstrom asked if the two homes were occupied. Mr. McElroy replied that they were both occupied. Commissioner Alne stated that the applicant's request is reasonable and not in conflict with the General Plan now or in the future. He indicated his support of the lot split. Commissioner Lindstrom asked whether this lot split would be forwarded to City Council. Steve Piasecki replied that the matter would be forwarded to City Council since the lot has no public street frontage. Commissioner Lindstrom indicated his support of the lot split. MOTION: On motion of Commissioner Lowe, seconded by Commissioner Kearns, the Planning Commission moved to close the Public Hearing. (5-0-1; Commissioner Meyer- Kennedy was absent) MOTION: On motion of Commissioner Alne, seconded by Commissioner Lindstrom, the Planning Commission adopts Resolution No. 2912 allowing a two lot split for property located at 41 & 51 Mission Way in a PD (Planned Development--Medium Density Residential/Commercial) Zoning District, by the following roll-call vote: AYES: NOES: ABSENT: Alne, Kearns, Lindstrom, Lowe Perrine Meyer-Kennedy Chairperson Perrine read Item No. 5 into the record. 5. S 94-01 Public Hearing to consider the application of Mr. D. Patrick Finnigan, on behalf of Tony Chang, for approval of a Site and Architectural Review permit to allow the construction of a single-family residence on property located at 1689 Walters Avenue in an R-l-9 (Single Family Residential) Zoning District. Planning Commission Minutes of April 12, 1994 Page 13 Ms. Gloria Sciara, Planner I, presented the staff report as follows: · Subject property is a 5,085 square foot parcel which is legal but non- conforming. Located within the San Tomas Area Neighborhood, the proposed development is consistent with the policies recently adopted development policies for the San Tomas Area. · Staff supports the applicant's request. Commissioner Alne presented the Site and Architectural Review Committee report as follows: · The proposal was found acceptable by the City's Architectural Advisor. Landscaping exceeds requirements. · SARC recommends approval. MOTION: On motion of Commissioner Alne, seconded by Commissioner Lindstrom, the Planning Commission moved to close the Public Hearing. (5-0-1; Commissioner Meyer-Kennedy was absent) MOTION: On motion of Commissioner Lindstrom, seconded by Commissioner Lowe, the Planning Commission adopts Resolution No. 2913, approving a Site and Architectural Permit to allow the construction of a single family residence on property located at 1689 Walters Avenue in an R-l-9 (Single- Family Residential) Zoning District by the following roll-call vote: AYES: NOES: ABSENT: Alne, Kearns, Lindstrom, Lowe, Perrine None Meyer-Kennedy MISCELLANEOUS Chairperson Perrine read Item No. 6. 6. Strategic Plan Steve Piasecki reminded the Commission that the next City Council Strategic Planning meeting is scheduled for Monday, April 18th at 7:30 p.m. at the Community Center. These meetings are productive and informative and all Commissioners are encouraged to attend. Planning Commission Minutes of April 12, 1994 Page 14 REPORT OF THE COMMUNITY DEVELOPMENT DIRECrOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted with the following highlights: Mr. Darryl Jones has accepted the position of Senior Planner and will begin work on May 2, 1994. He currently serves as a Planner with the City of Santa Cruz. ADJOURNMENT The Planning Commission meeting adjourned at 10:20 p.m., to the next Planning Commission meeting of April 26, 1994, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITTED BY: APPROVED BY: ATTEST: ~~i'~~ary Jay P~erri~. (~h~rp~'~