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PC Min 09/13/1994CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 13, 1994 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 13, 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: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: Jay Perrine Jane Meyer-Kennedy I./kine Alana S. Higgins Susan A. Kearns Mel Lindstrom Dennis Lowe Commissioners Absent: Staff Present: None Community Development Director: Steve Piasecki Senior Planner: Planner I: Planner I: City Attorney: Reporting Secretary: Darryl M. Jones Mark A. Rhoades Gloria Sciara William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Kearns, the Planning Commission minutes of August 23, 1994, were approved with minor correction (5-0-2; Chairman Perrine and Commissioner Alne abstained from the vote as they were not present at the August 23, 1994, meeting.) Planning Commission Minutes of September 13, 1994 Page 2 COMMUNICATIONS 1. Letter from C.F. "Chuck" Weber in opposition of Agenda Item No. 4. 2. Letter from Managers of Appletree Square Apartments regarding Agenda Item No. 6. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REOUESTS There were no oral requests. PUBLIC HEARING~ Chairman Perrine read Item No. 1 into the record. 1. UP 94-06 Public Hearing to consider the application of Mr. Brian Burnett, on behalf of Nostalgia Motors, for approval of a Use Permit to allow the expansion of an existing automobile showroom area within an existing 29,700 square foot warehouse building located at 126 Harrison Avenue in a PD (Planned Development) Zoning District. Mr. Mark A. Rhoades, Planner I, presented the staff report noting the following: This application is the result of several months' effort by the Planning Department and Central Fire to legalize the existing use and to bring the use into compliance, including the need for a Use Permit. The applicant formerly occupied one-third of the warehouse building until one year ago when the remainder of the building become available. Included in the proposal are: 1. Upgrades and dean up of the building 2. The addition of landscaping 3. The striping of the parking area. 4. Set up of an area outdoors for display of vehicles. 5. Fire Sprinklers in the building. 6. Large showroom windows at the street level (required since businesses in the downtown area are required to have a retail use and look). 7. Removal of the illegal sign visible from Civic Center Drive/Campbell Avenue. 8. The painting of the building. In the original Use Permit request the applicant also sought the approval for two car auctions per year with the provision that the applicant provide security and parking attendants. Applicant has increased the request to allow four auctions per year under the Use Permit. Applicant must complete all improvements and the installation of all required safety features (fire sprinklers, etc.) by January 1, 1995 or the use will Planning Commission Minutes of September 13, 1994 Page 3 once again be deemed illegal. Commissioner Alne inquired whether the scheduling/approval of auction dates would be controlled by the City. Mr. Mark Rhoades replied that the applicant was required to notify the City of the scheduled auction dates four weeks prior to an auction but that this was simply a notification and not a request for approval of the proposed date. The Commission has the option of turning the notification into a request for approval by adjusting the Conditions of Approval to reflect this requirement. Commissioner Lowe expressed concern regarding the apparent trend for approvals of Use Permits after they businesses have already been established illegally. City Attorney William Seligmann notified the Commissioners that action is underway to establish a criminal penalty for illegal uses and said that already there are penalties available. Commissioner Kearns recommended that the use be reviewed periodically to ensure compliance. Additionally, she mentioned concerns regarding potential conflicts between the auction use of this site with events at the nearby Ainsley House. Mr. Steve Piasecki, Community Development Director, advised the Commission that the auctions were not going to be particularly large. Mr. Mark Rhoades added that the applicant predicts 100 to 150 people at the auction. He also suggested that the Commissioners can add the Condition that the Use Permit be renewed every five years if they so choose. The City always has the option to revoke a Use Permit if the Conditions of Approval are not met. Vice Chair Meyer-Kennedy presented the Site and Architectural Review Committee (SARC) report as follows: · SARC reviewed the plans and supports the proposal, recommending approval. Chairman Perrine opened the Public Hearing on Item No. 1. Mr. Sanford Zigler, Property Owner. · Asked the Commission what would happen if the applicant does not comply with the Use Permit provisions. · Informed the Commission that he had received a Notice of Arrest in this matter due to the illegal use of his property by his tenants. Planning Commission Minutes of September 13, 1994 Page 4 Expressed his concern over being criminally liable for the actions of his tenants and asked the Commission to deny the Use Permit if he is to be held accountable in the event that the applicant does not comply with the Conditions. City Attorney William Seligmann cautioned that the legal action currently underway would proceed if the existing illegal use is not brought into compliance. Advised the Commissioners that enforcement is not a function of the Planning Commission. Commissioner Lindstrom asked the City Attorney whether the property owner is held liable if the tenant does not comply with the Conditions of the Use Permit. City Attorney William Seligmann responded that the property owner is ultimately responsible for the uses on his property. Commissioner Alne reiterated that enforcement and legal issues are outside of the Planning Commission's jurisdiction. Community Development Director Steve Piasecki mentioned that the approval of this Use Permit will give both the applicant and the property owner additional options. Mr. Zigler asked whether the original Use Permit for the one-third portion of the building is still be valid and was informed by staff that it was. Mr. Richard Zigler, Property Owner. They have been established in Santa Clara County for many years. · This situation has forced them to hire an attorney and appear before a judge. · Felt that he was not sufficiently notified of the problems with his tenant's use of his building. Commissioner Alne expressed his opinion that he could not pass judgement regarding the relationship between the property owner and his tenant. Believes that the applicant has done a great amount of work to rectify the illegal use and stated that he would support the Use Permit with the provision that the City approve the auction dates per a modification to the Conditions of Approval Mr. Mark Rhoades clarified that the applicant had actually mentioned that they require approximately two months to properly advertise their auctions. Vice Chair Meyer-Kennedy inquired whether the review of the Use Permit would be a recommended addition to the Conditions. Commissioner Alne stated his belief that this would not be necessary as the Planning Commission Minutes of September 13, 1994 Page 5 Planning Commission has the option to revoke a Use Permit if its Conditions of Approval are not met. Commissioner Lindstrom opined that with the approval of a Use Permit, the property owner will be in a better position. MOTION: On motion of Commissioner Lowe, seconded by Commissioner Kearns, the Planning Commission moved to close the Public Hearing. (7-0-0) MO~O~ On motion of Commissioner Lindstrom seconded by Commissioner Meyer-Kennedy, the Planning Commission adopted Resolution 2931, approving a Conditional Use Permit to allow the expansion of an existing automobile showroom area within an existing 29,700 square foot warehouse building located at 126 Harrison Avenue and granted a Negative Declaration, by the following roll-call vote: AYES: NOES: ABSENT: Alne, Higgins, Lindstrom, Meyer-Kennedy, Perrine Lowe, Kearns None This action is final in ten days, unless appealed. Chairman Perrine read Item No. 2 into the record. o UP 94-15 HL 94-01 ZC 94-03 Public Hearing to consider the City-initiated application to designate the Campbell Water Tower and Pump House property located at 90 S. First Street as an Historic Landmark (HL 94-01); a Zone Change (ZC 94-03) of the subject property from PD (Planned Development) to PD-H (Planned Development/Historic Overlay); to allow a public park use (UP 94-15); and to grant a Negative Declaration in accordance with CEQA. Ms. Gloria Sciara, Planner I, presented the staff report noting the following: · Application includes three parts: 1. Approval of a Use Permit to allow public park use for property located at 90 S. First Street and to dedicate the park to the Hyde Family. Staff finds the proposal consistent and compatible with the surrounding area. 2. Designation of the site as a Historic Landmark and change the Zoning to reflect the Historic Overlay of the site. The property has significant cultural and historical significance. Planning Commission Minutes of September 13, 1994 Page 6 ge The granting of a Negative Declaration. Staff finds no significant impact and recommends that the Planning Commission recommend to the City Council the granting of a Negative Declaration. Vice Chair Meyer-Kennedy presented the Site and Architectural Committee (SARC) report as follows: · SARC found the initial plan to be too cluttered. · Recommends a passive park use. Recommends the removal of the oleander for visibility and safety. Supports the design and recommends approval. Review Chairman Perrine opened the Public Hearing of Item No. 2. There were no parties interested in addressing Item No. 2. MO~O~ On motion of Commissioner Alne, seconded by Commissioner Meyer-Kennedy, the Planning Commission moved to close the Public Hearing. (7-0-0) MORON: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lindstrom, the Planning Commission adopted: 1. Resolution No. 2932, approving the designation of the Re e e Campbell Water Tower and Pump House as an Historic Landmark (HL 94-01); Resolution No. 2933, approving a Zone Change (ZC 94-03) from PD (Planned Development) to PD-H (Planned Development/Historic Overlay) of property located at 90 S. First Street; and Resolution No. 2934, approving a Conditional Use Permit to allow the use of property located at 90 S. First Street as a public park; and A recommendation to the City Council that a Negative Declaration be granted. by the following roll-call vote: AYES: NOES: ABSENT: Alne, Higgins, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine None None Chairman Perrine read Item No. 3 into the record. Planning Commission Minutes of Sel~tember 13, 1994 Page 7 3. UP 94-13 Public Hearing to consider the application of Mr. Ron Weiner, on behalf of Central Animal Hospital, for approval of a Conditional Use Permit to allow the establishment of an animal shelter and licensing authority to be located at 100 Gilman Avenue in a PD (Planned Development) Zoning District. Mr. Mark A. Rhoades, Planner I, presented the staff report noting the following: · Staff has been working closely with the applicant and Campbell Police Department to find an appropriate location. · Applicant has contracted with Campbell and five other cities to provide sheltering and licensing. · Additional landscaping to the front and rear of the site as well as a one-way driveway at the front of the building have been proposed by staff. · Parking ratio is 1 space for every 400 square feet. This site has 10 spaces, 3 shy of the requirement. Commissioner Alnel asked whether this site would shelter only domestic, animals. Mr. Mark Rhoades replied that the site was authorized only for dogs and cats. Commissioner Higgins asked for clarification regarding Condition No. 8. Mr. Mark Rhoades clarified that the condition states that if there is a noise impact such as the sound of dogs barking, the applicant would be precluded from sheltering such animals until the problem is mitigated. Commissioner Lowe inquired why animals would be brought to the shelter and for how long would they be kept at the shelter. Mr. Mark Rhoades replied that the facility would be used as an animal shelter only and that each animal would remain at the site a maximum of 72 hours. Vice Chair Meyer-Kennedy presented the Site and Architectural Review Committee (SARC) report as follows: · Recommends approval of the proposal with the provision that the Community Development Director approve the color of paint used to paint the building. Chairman Perrine opened the Public Hearing for Item No. 2. Dr. Ron Weiner, Applicant. · Clarified that the contract with the cities requires a maximum 72 hour hold of stray animals. Planning Commission Minutes of September 13, 1994 Page 8 · The clinic works to adopt out animals or they are euthanized. Chairman Perrine asked whether the clinic had the option to keep the animals longer than 72 hours. Dr. Weiner replied that the minimum was 72 hours under the contract. A city's obligation ends after 72 hours however the clinic's own goal is to adopt out animals not claimed. Commissioner Lowe inquired about the disposal of animals euthanized. Dr. Weiner replied that they have a contract with a pet burial service. Ms. Gail Beeman, 117 Gilman Avenue. Concerned regarding parking. She manages a trailer park and states that tenants can't even park in front of their own trailers. Mr. Mark Rhoades stated that the parking at the rear of the site will support the public use. Commissioner Lowe asked about the public use of spaces at the front of the site. Mr. Mark Rhoades clarified that the front of the building was designated for office use by staff only. Staff would use the front spaces. The rear lot was more convenient to the public access to the building. MO~O~ On motion of Commissioner Alne, seconded by Commissioner Meyer-Kennedy, the Planning Commission moved to close the Public Hearing. (7-0-0) MO~O~ On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Higgins, the Planning Commission adopted Resolution 2935, approving a Conditional Use Permit to allow the establishment of an animal shelter and licensing authority to be located at 100 Gilman Avenue in a PD (Planned Development) Zoning District, by the following roll-call vote: AYES: NOES: ABSENT: Alne, Higgins, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine None None This action is final in ten days, unless appealed. Planning; Commission Minutes of September 13, 1994 Pa~;e 9 Chairman Perrine read Item No. 4 into the record. 4. UP 194-16 Public Hearing to consider the application ~of Ms. Fatlrr~eh Haji Ali Akbari for approval of a Conditional Use Permit to allow the establishment of a large family day care at an existing residence located at 282 Superior Drive in a R-D-S (Residential/Duplex) Zoning District. Mr. Mark A. Rhoades, Planner I, presented the staff report noting the following: · The applicant is seeking a Use Permit to allow a large family day care with 7 to 12 children. · Matter is before the Planning Commission due to a lack of adequate parking. Five parking spaces are required for the use and two spaces are provided. · Staff has visited the site and is comfortable with the use of Superior Drive for the drop off and pick up of children at the day care. · Reminded the Commission of the letter distributed at this meeting from C.F. "Chuck" Weber, owner of property located at 272 & 274 Superior Drive, expressing concerns about noise with this use and ~a request that the Commission deny the application. Commissioner Higgins asked the location of the neighbor. Mr. Mark Rhoades replied that it was the adjacent property owner. Commissioner Lindstrom expressed his concern about the lack of adequate parking in the area already and indicated that he would be abstaining from the vote on this matter. Chairman Perrine opened the Public Hearing on Item No. 4. Ms. Maryam Monsef, representative for applicant because applicant speaks limited English. · Mentioned that the neighbor in the applicant's duplex was moving. The new neighbor would be using only the garage (one car) and the applicant believes that the driveway space in front of the garage would be Vacant and available for drop off and pick up of children. Commissioner Alne expressed concerns that the parents may end up double parking on Latimer which would develop into a dangerous situation for the safety of the young children. Mr. Mark Rhoades advised the Commission that the Traffic Engineer's assessment and traffic counts were used to determine that the area could accommodate the traffic generated by the day care use. Mentioned that the Commission could add Planning Commission Minutes of September 13, 1994 Page 10 an additional Condition requiring the applicant to leave the driveway empty during the day for use by parents dropping off or picking up their children. Commissioner Alne questioned whether the curb in front of the duplex (on Superior) could be painted green for loading/unloading purposes. Commissioner Lowe stated that he felt the parking issue is being blown out of proportion. Commissioner Higgins questioned the size of the duplex and whether it could accommodate 12 children. Mr. Mark Rhoades replied that the duplex was 1,100 square feet and that the County Child Care Services had inspected and approved the home for 12 children. Ms. Jane Steele, Resident at Comer of Maureen. · Shares a common fence with the applicant. · Feels that the duplex is too small and that noise will be a problem. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lowe, the Planning Commission moved to close the Public Hearing. (7-0-0) Commissioner Kearns inquired whether there were any approved day care fadlities within 300 feet of this site. Mr. Mark Rhoades replied that he had driven through the area and seen no signs, however, there is no way to guarantee that there are no other day care uses in the immediate area. The applicant does not believe that there are. Commissioner Lindstrom mentioned that there is a day care on Latimer. The area has too little parking for such a high density area and will not support this use. Commissioner Lowe stated that this is free enterprise and the applicant is providing a service. If the service is not good, the business will not survive. The concentration of available day care in the area is not relevant. Commissioner Perrine asked whether the County considered parking requirements in its evaluation of day care sites. Mr. Mark Rhoades replied that they were only concerned with the interior of the site. Vice Chair Meyer-Kennedy reiterated the need for the driveway to be left vacant Planning Commission Minutes of September 13, 1994 Page 11 during daytime hours for use by parents. Commissioner Alne asked staff for clarification on why staff felt the insufficient parking could be supported. Mr. Mark Rhoades replied that staff based its support due to the availability of space on Superior Drive (in front of duplex's gate) for parents to pick up and drop off their children. Commissioner Lowe inquired whether the curb could be painted for loading and off-loading use only. Chairman Perrine replied that the Commission could make the suggestion. Mr. Mark Rhoades added that the Commission could include a condition that the applican~ obtain a painted curb through the City. Commissioner Higgins inquired whether this was difficult and/or expensive. Commissioner Alne expressed support of the application with the use of a painted curb for loading/off-loading purposes. MO~O~ On motion of Commissioner Alne, seconded by Commissioner Lowe, the Planning Commission adopted Resolution 2936, approving a Conditional Use Permit to allow the establishment of a large family day care at an existing residence located at 282 Superior Drive in a R-D-S (Residential/Duplex) Zoning District, by the following roll-call vote: AYES: NOES: ABSENT: Alne, Higgins, Lowe, Meyer-Kennedy, Perrine Lindstrom, Kearns None Chairman Perrine read Item No. 5 into the record. 5. UP 94-14 Public Hearing to consider the application of Ms. Marcie Johnson for approval of a Conditional Use Permit to allow a secondary living unit ("granny flat") at an existing single- family residence located at 1280 Burrows Road in an R-1 (Single Family Residential) Zoning District. Mr. Mark A. Rhoades, Planner I, presented the staff report noting the following: · Applicant is seeking to convert existing living area into a "granny" unit. Planning Commission Minutes of September 13, 1994 Page 12 · Space was converted to living space legally and with permits for the family's use and at this time the applicant wants to convert the space into an entirely separate living space with kitchen facilities. · Staff recommends approval. Commissioner Lowe inquired whether the applicant would be required to install a second meter. Mr. Mark Rhoades replied that it was up to the owner as to whether a second meter would be installed. Commissioner Lindstrom inquired why the applicant would be blocking off the stairwell inside. Mr. Mark Rhoades responded that the owner would not need internal access to the second unit. Vice Chair Meyer-Kennedy provided the Site Committee (SARC) report as follows: · SARC recommends approval of this application. and Architectural Review Chairman Perrine opened the Public Hearing for Item No. 5. MS. Dawn Vadbunker, 1360 Burrows Road. Was under the impression that secondary living units were no allowable in a two-story residence. Questioned whether the applicant had been made aware of the Park Impact Fees. Stated that the property owner (a neighbor) is a responsible property owner and the proposed use of the property is a good one that makes sense. Chairman Perrine asked staff whether the applicant had been informed of the Park Fees. Mr. Mark Rhoades replied that she had been informed. She plans to go to the City Council to seek a waiver. Commissioner Lowe inquired whether Ms. Vadbunker's assumption that it was illegal to have a secondary living unit in a two-story residence was correct. Mr. Mark Rhoades replied that there was no restriction in the Ordinance. On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lowe, the Planning Commission moved to close the Public Hearing. (7-0-0) Planning Commission Minutes of September 13, 1994 Page 13 MO~O~ On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Kearns, the Planning Commission adopted Resolution 2937, approving a Conditional Use Permit to allow a secondary living unit ("granny unit") at an existing single-family residence located at 1280 Burrows Road in an R-1 (Single Family Residential) Zoning District, by the following roll-call vote: AYES: NOES: ABSENT: Alne, Higgins, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine None None This item is final within 10 days, unless appealed. Chairman Perrine read Item No. 6 into the record. 6. 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 and the possible relocation of said use to 842 W. Hamilton Avenue within one year. Ms. Gloria Sciara, Planner I, presented the staff report noting the following: Applicant is seeking approval of a Use Permit for an existing karate school located at 810 W. Hamilton Avenue and the possible relocation of this use to 842 W. Hamilton Avenue within one year. The application is the result of a Code Enforcement action in March 1994. The business had obtained a business license without zoning clearance and subsequently the license had expired. Occasionally, the karate school use had expanded out into the rear parking area of the center. Businesses are required to operate wholly within an enclosed building. Additionally, the school often opened a roll-up door at the rear of the building for ventilation purposes. Both situations caused noise complaints by the neighboring apartment complex residents. The proposed use is compatible for the site. Staff is not supportive of the applicant leaving the rear doors open during business operations and includes the Condition that all doors be kept closed during business hours. Staff is supportive of this request subject to Conditions of Approval. Vice Chair Meyer-Kennedy inquired whether the applicant would need to apply for a new Use Permit for the second location. Planning Commission Minutes of September 13, 1994 Page 14 Ms. Gloria Sciara replied that the proposed Use Permit would permit the applicant to move to 842 W. Hamilton Avenue within one year. Commissioner Alne inquired what would occur if the doors are not kept closed during business hours. Ms. Gloria Sciara replied that failure to comply with the Conditions of Approval would constitute a violation of the Use Permit and could result in the revocation of the Use Permit by the Planning Commission. Commissioner Lowe inquired whether he should abstain from the vote as his residence is located near the subject site. Ms. Gloria Sciara replied that he was outside of the 300 foot range. Vice Chair Meyer-Kennedy presented the Site and Architectural Review Committee (SARC) report as follows: · SARC is supportive of the use with the caveat that the doors be dosed during business hours to mitigate noise concerns of the adjoining neighbors. Chairman Perrine opened the Public Hearing for Item No. 6. Ms. Sue Sines, Director, Ernie Reyes West Coast Karate. · The karate school no longer uses the rear lot for training exercises. They have found an alternate location. · They will comply with the requirement to keep doors closed and accept all conditions imposed. Mr. Mark Eugea, Apartment Manager, 830 Gale Drive. Asked that the applicant be held to the condition to keep their doors dosed during business hours to prevent noise problems for the apartment residents. Commissioner Lowe announced that he will abstain in this matter because although he may not live within 300 feet, he's very dose to that location. MOTION: On motion of Commissioner Alne, seconded by Commissioner Higgins, the Planning Commission moved to close the Public Hearing. (7-0-0) MOTION: On motion of Commissioner Alne, seconded by Commissioner Higgins, the Planning Commission adopted Resolution 2938, approving a Conditional Use Permit to allow the expansion of an existing automobile showroom area within an existing 29,700 square foot warehouse building located at 126 Harrison Avenue Planning Commission Minutes of September 13, 1994 .~ Page 15 and granted a Negative Declaration, by the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Alne, Higgins, Kearns, Lindstrom, Meyer-Kennedy, Perrine None None Lowe REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted with the following highlights: · Strategic Plan material is included in the Director's Report. Any comments should be forwarded to Barbara Lee by September 30th. · Suggested the cancellation of the September 27th Planning Commission meeting as well as the September 15th SARC meeting. ~ Vice Chair Meyer-Kennedy announced the Grand Opening for the Ainsley House, a black tie affair, on September 24th and 25th. Commissioner Kearns announced that preparations for the grand opening party for Highway 85 will be held on October 15, 1994, from 10 a.m. to 3 p.m. with the freeway Opening four days later on October 19, 1994. MOTION: On motion of Commissioner Kearns, seconded by Commissioner Lindstrom, the Planning Commission unanimously moved to cancel the meeting of September 27,1994. (7-0-0) ADJOURNMENT The Planning Commission meeting adjourned at 9:35 p.m., to the next Planning Commission meeting of October 11, 1994, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, Campbell, California. SUBMITFED BY: ~~~_ ,v,~_~ Corinne A. Shinr~Recording Secretary Jay l~rri~e, Chairperson ATTEST: Steve Piasecki, Secretary