PC Min 08/09/1994CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
AUGUST 9, 1994
CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of August 9, 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:
Commissioners Present:
Chairperson:
Vice Chair:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Jay Perrine
Jane Meyer-Kennedy
I. Alne
Susan A. Kearns
Mel Lindstrom
Dennis Lowe
Commissioners Absent: Commissioner:
Alana S. Higgins
Staff Present:
Community
Development Director: Steve Piasecki
Senior Planner:
Associate Planner:
Planner I:
City Attorney:
Reporting Secretary:
Darryl M. Jones
Tim J. Haiey
Gloria Sciara
William Seligmann
Corinne A. Shinn
APPROVAL OF MINUTEg
Motion: On motion of Commissioner Lindstrom seconded by
Commissioner Alne, hhe Planning Commission minutes of
July 26, 1994, were approved. (5-1-1; Commissioner Kearns
abstained as she was not at ~e July 26, 1994, meeting and
Commissioner Higgins was absent.)
Planning Commission Minutes of August 9, 1994 Page 2
COMMUNICATIONS
1. Twenty-nine letters from employees of Contour Sol. are in support of
Agenda Item #1 (Athletic Club).
2. An 18-page petition with approximately 270 signatures also in support of
Agenda Item #1 (Athletic Club).
3. Letter of opposition regarding Agenda Item #3 (The Yardstick).
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. UP 94-01
Public Hearing to consider the application of Mr. Michael
Greenwood, on behalf of Greenwood Construction, for
approval of a Conditional Use Permit to allow the
establishment of an athletic facility (28,000 square feet) in a
portion of an existing commercial building located at 700
W. Hamilton Avenue in a C-2-$ (General Commercial)
Zoning District.
Mr. Tim J. Haley, Associate Planner, presented the staff report noting the
following:
· The applicant is seeking a Conditional Use Permit to allow the
establishment of an athletic facility.
· The project site consists of 3.9 acres located at the comer of W. Hamilton
Avenue and San Tomas Expressway. The building is a thrc~ story office
building.
· Applicant proposes to utilize the ground floor and half of the second
floor for a total of 28,000 square feet.
· The site provides 273 parking spaces. Staff proposes to modify the site
plan to eliminate seven spaces along Hamilton Avenue to be replaced
with landscaping.
· The applicant will be required to install landscaping along Hamilton
Avenue to comply with the City's $treetscape Standards.
· Applicant will introduce window elements and repaint the building.
· The General Plan designation for the site is Commercial and the
proposed use is consistent with that designation.
Planning Commission Minutes of August 9, 1994 Page 3
The Zoning for the site is C-2-S (General Commercial). The use is
permitted with the approval of a Conditional Use Permit.
Staff finds the use consistent and improvements adequate and
recommends approval of a Use Permit and the granting of a Negative
Declaration.
A traffic report was prepared which concludes that there will not be a
significant impact on traffic. One condition of approval will require that
the applicant pay the cost to install an interconnect of two traffic signals
(Hamilton/San Tomas Expressway and Hamilton/Darryl Avenue).
Commissioner Meyer-Kennedy reported that the Site and Architectural
Review Committee recommended approval of this proposal.
Chairman Perrine acknowledged the receipt of 29 letters and a petition signed
by 270 individuals in support of this proposal.
Chairman Perrine opened the Public Hearing on Item No. 1.
There were no parties interested in addressing Item No. 1.
MOTION:
On motion of Commissioner Alne, seconded by Commissioner
Meyer-Kennedy, the Planning Commission moved to dose the
Public Hearing. (6-0-1; Commissioner Higgins was absent)
MOTION:
On motion of Commissioner Meyer-Kennedy seconded by
Commissioner Lindstrom, the Planning Commission adopted
Resolution 2925, allowing the establishment of an athletic
facility on property located at 700 W. Hamilton Avenue and
the granting of a Negative Declaration for this project, by the
following roll-call vote:
AYES:
NOES:
ABSENT:
Alne, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine
None
Hir ins
This action is final in ten days, unless appealed.
Commissioner Lindstrom asked about signage that currently appears on site
in violation of the City's Sign Ordinance.
Planning Commission Minutes of August 9, 1994 Page 4
Mr. Darryl M. Jones, Senior Planner, replied that the applicant has agreed to
removal all signage in violation. The Sign Ordinance will allow temporary
signage attached to the building which the applicant will display.
Chairperson Perrine read Item No. 2 into the record.
2. UP 94-10
Public Hearing to consider the application of Mr. Ernie
Reyes, on behalf of Ernie Reyes West Coast Karate, for
approval of a Conditional Use Permit to allow an existing
karate school on property located at 810 W. Hamilton
Avenue in a PD (Planned Development) Zoning District.
Mr. Darryl M. Jones, Senior Planner, presented the staff report noting the
following:
· The applicant is seeking a Conditional Use Permit to allow the existing
use of the site for a karate school which was established without a Use
Permit. The applicant requested that the Use Permit approval include a
second location in the shopping center for possible relocation of the
school within one year. This additional request was made too late for
proper noticing so staff recommends continuing the item to the August
23, 1994, meeting.
Commissioner Alne expressed his concern regarding setting a precedent in
approving Use Permits for more than one location.
City Attorney William Seligmann advised that if both sites are spedfically
designated at the time a Use Permit is granted, there is no real problem in
approving a second site for a business.
Commissioner Alne continued that since filing fees are an important source
of revenue for the City, waiving fees is not in the City's best interests.
City Attorney William Seligmann replied that the fees are simply to cover the
cost of processing the application.
Community Development Director Steve Piasecki
Commissioner Alne's concerns make a valid point.
required to pay fees for each Use Permit site requested.
responded that
Applicant will be
Planning Commission Minutes of August 9, 1994 Page 5
Commissioner Kearns asked for clarification regarding the fact that this
business is already in operation.
Mr. Darryl Jones replied that the business had established itself without
benefit of a Use Permit.
Chairman Perrine opened the Public Hearing on Item No. 2.
There were no parties interested in addressing Item No. 2.
MO~O~
On motion of Commissioner Meyer-Kennedy seconded by
Commissioner Lowe, the Planning Commission moved to
continue this application to the next Planning Commi~ion
meeting of August 23, 1994. (6-0-1; Commissioner Higgins was
absent)
Chairperson Perrine read Item No. 3 into the record.
3. M 94-05
Public Hearing to consider the application of Mr. Jack
Alter, on behalf of the Yardstick, for approval of a
Modification to a previously-approved Site and
Architectural approval to allow three existing cargo
containers for temporary storage use and an enclosed
carport on property located at 2110 S. Bascom Avenue in a
C-2-S (General Commercial) Zoning District.
Ms.
Gloria Sciara, Planner I, presented the staff report nOting the following:
The applicant is seeking a Modification to a previously-approved Site
and Architectural approval.
Applicant proposes to maintain three existing cargo containers and a
recently constructed carport (for company vans).
The Zoning Ordinance allows cargo containers for up to one year with
specific conditions.
Staff finds that this proposal does not meet those requirements as the
carport and storage containers are not architecturally compatible with the
existing buildings on site nor the surrounding neighborhood and
impacts parking availability.
The lack of maintenance of the Yardstick site resulted in numerous
complaints.
Planning Commission Minutes of August 9, 1994 Page 6
Commissioner Meyer-Kennedy reported that the Site and Architectural
Review Committee recommended denial of this application as the additions
are not compatible, architecturally or with the neighborhood, and the storage
is not supporting the existing use on site.
Chairman Perrine opened the Public Hearing on Item No. 3.
Mr.
Bernard Alter, Property Owner, Yardstick, 2110 S. Bascom Avenue.
The Yardstick has been on the property of 35 years.
Unusual conditions have existed this year. A friend lost property on
Railway and needed storage for his automotive shop. These items are
now gone.
A former Campbell Planning Director told him not to worry about a
parking deficit and he believes that there are adequate parking spaces for
his business.
Stated that they have not received complaints about their property in
past years.
Wants cars under some protective cover due to graffiti problems on site.
Mr. Jack Alter, Owner, Yardstick, 2110 S. Bascom Avenue.
Stated that the "mess" on the property has been cleaned up but that he
had ignored problems which City Planner, Gloria Sciara, had asked him
to correct on site.
· Said that moving the storage containers was possible but being asked to
move the garage is "punishment" in his opinion. Asked for the
opportunity to bring the garage into compliance. Said he felt the
decision has already been made to simply "rubber stamp" the
recommendation of staff.
· Asked for time as he has a baby due any time now and is closing down
his other business this week.
Commissioner Lowe asked how long the carport had been in place.
Mr. Jack Alter replied that it was installed three months ago.
Commissioner Lowe asked how long the storage containers had been on site.
Mr. Jack Alter replied that one had been there for nearly five years. The latest
container has been there for one year.
Commissioner Kearns asked about graffiti abatement on site and whether the
applicant is taking care to eliminate graffiti.
Planning Commission Minutes of August 9, 1994 Page 7
Mr. Jack Alter replied that he does not always clean it up immediately as he
gets mad about the destruction. Stated that his car has been vandalized so
many times it now needs to be repainted.
Ms. Diane Applegate, 1315 E1 Solyo.
· Has lived on E1 Solyo for more than five years and has seen the decline
of the Yardstick.
· Not present to debate parking but rather is concerned about the trash and
lack of landscaping maintenance on site.
· The storage containers do not match the neighborhood.
· Does not want to see the neighborhood destroyed.
Mr. Howard Applegate, 1315 E1 Solyo.
· The main issue is not the parking but the storage containers and graffiti.
Graffiti needs to be cleaned up.
· The Yardstick has "crossed the line." Petitions were drawn up and 40
neighbors on E1 Solyo signed.
· Likes the neighborhood and wants it to stay nice.
Ms. Ruth Alter, Property Owner, Yardstick, 2110 S. Bascom Avenue.
· They built the Yardstick 35 years ago and never had a complaint. They
have experienced one month with problems.
· Stated that the neighbors need to take care of their children to prevent
graffiti.
Ms. Nora Dahl, Resident of E1 Solyo.
· She, her husband and their two children have lived on E1 Solyo for the
last three years.
· Stated that most of the children on El Solyo are either fully grown or
young children under the age of seven.
· In the past, she has shopped many times at the Yardstick.
· Believes that the Yardstick has a lack of regard for its neighbors.
· Old cars have been on site for a number of months as well as trash.
· Houses in the neighborhood sell for approximately $400,000 and she does
not want to see the property drop in value.
· Stated that she was born and raised in this area. She and her husband
have good jobs and a large investment in their home.
· They want to keep their neighborhood beautiful.
Planning Commission Minutes of August 9, 1994 Page 8
Ms. Lucille Burkland, Resident of El Solyo.
· Commended the City for the work on Bascom Avenue.
Stated that she
enjoys living in Campbell and appreciates the opportunity to address the
Planning Commission.
Believes that a garage is needed rather than a carport.
Parking for the Yardstick is adequate.
Believes that the Yardstick should be made to maintain their
landscaping for one year prior to approving the installation of a garage.
Being the owner of an apartment complex, she is well aware of the
effectiveness of instantly removing graffiti. "The more it's fixed up, the
more it stays nice."
Mr. Richard Schilling, Resident of El Solyo.
· Has lived in his home for more than 40 years.
· During the past week, the Yardstick has cleaned up its site but before that
it has been a real mess with overflowing trash for many years.
· Has no objection to the installation of a carport as long as it is built to
comply with City Ordinances and Codes.
· Asked that the City/Applicant rectify the situation.
Mr. Roy , Resident of E1 Solyo.
· Doesn't think that the storage containers should be allowed.
· Just moved into the neighborhood in December 93 but likes the sense of
community.
· Believes that the Yardstick needs a coat of paint and debris cleaned up.
Mr. Gene Hahn, Resident of E1 Solyo.
· His objection is strictly the aesthetics of the site.
· Suggests a sound wall along E1 Solyo to screen the rear parking area from
the residential neighborhood and an addition to the existing building to
create needed storage.
Commissioner Alne made the following points:
· There are problems when adjacent neighbors have different zoning and
uses. Each use has the obligation to respect the needs of the other.
While residential uses have little impact on commercial uses,
commercial uses can have quite an impact on residential uses.
· Residential property owners are not obligated to deal with infractions of
City Code by commercial uses.
· Feels that the applicant has been insensitive and has stated no concern
for their neighbors in any of their comments. They appear oblivious to
their impact on their neighbors.
Planning Commission Minutes of August 9, 1994 Page 9
Neither the "lean to" nor the storage containers are permitted and
suggests that the end of the week as a deadline for their removal.
If the business site is too small for the business, they can reduce the size
of the business, legally modify their site or move to a new location.
Will not support this proposal and suggests that the City proceed with
enforcement action.
Commissioner Lowe suggested that the neighborhood set up some sort of
Neighborhood Watch program to pro-actively work against graffiti in the
neighborhood. While the Yardstick is a well-respected business of 35 years, he
cannot support the lack of compliance with City Codes and Standards.
Chairman Perrine stated that the applicant can come back to the Commission
with a proposal for a legal garage. Traditionally, storage containers have been
approved for only temporary use. The amount of time the storage containers
have already been there exceeds a temporary use.
Commissioner Meyer-Kennedy stated that she was not supportive. She also
responded to a comment made by the applicant regarding the Commission
simply "rubber stamping" staff recommendations, by stating that nothing is
"rubber stamped" by the Commission.
MOTION:
On motion of Commissioner Alne, seconded by Commissioner
Meyer-Kennedy, the Planning Commission moved to close the
Public Hearing. (6-0-1; Commissioner Higgins was absent)
MOTION:
On motion of Commissioner Alne seconded by Commissioner
Meyer-Kennedy, the Planning Commission denied the request
for a Modification to allow three existing cargo containers and
an enclosed carport on property located at 2110 S. Bascom
Avenue by the following roll-call vote:
AYES:
NOES:
ABSENT:
Alne, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine
None
Higg
This action is final in ten days, unless appealed.
Community Development Director Steve Piasecki stated that if the applicants
appeal, the residents of the surrounding neighborhood would be notified by
mail of any meetings before the City Council.
Planning Commission Minutes of August 9, 1994 Page 10
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Mr. Steve Piasecki, Community Development Director,
was accepted with the following highlights:
· Announced a Planning Commissioners Conference in Oakland to be
held on September 17, 1994.
· Bay Apartment Communities will have their ground-breaking
ceremony on Wednesday, August 10, 1994, at 4 p.m.
ADJOURNMENT
The Planning Commission meeting adjourned at 8:42 p.m., to the next
Planning Commission meeting of August 23, 1994, at 7:30 p.m., in the Council
Chambers, City Hall, 70 North First Street, Campbell, California.
~ri~n.e A. S_,hinnr~Record~g~-o~cretary
Jay Perrine~ Chairperson
ATTEST:
Steve , S~retary