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PC Min 02/09/1993CITY OF CAJI~BE LL PIANN[~ COM3~SSION ~VII~S Februar 9, 1993 City Council Chambers 70 North First Street 7:30 P.M. Campbell, California The Planning Commission meeting of February 9, 1993, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California, by Chairperson Alne, and the following proceedings were had to wit: ROLL CALL Commissioners Present: Chairperson: I. (Bud) Alne Commissioner: Jay Perrine Commissioner: Jane Meyer-Kennedy Commissioner: Mark Wilkinson Commissioner: David Fox Commissioner Absent: Commissioner: Alana Higgins Staff Present: Director of Planning, Steve Piasecki Associate Planner, Tim J. Haley City Engineer, Joan Bollier City Attorney, William Seligmann Reporting Secretary, Karon Shaban APPROVAL OF THE MINUTES: MOTION: On moWm of Cmnmbskmer P~rr~ne, s~e~nded b~ ¢ommisskmer Fox, the Plannin~ Cmnmisskm minutes of Januar~ 12, 1~3, were unanhnousl3~ approv~d as Planning Commission Minutes of February 9, 1993 COMMUNICATIONS: Items of communication were included with the packet distribution. The following items were received after the packets were delivered: · Letter from Mr. Richard Ouano, 1729 Palo Santo Drive, expressing concern regarding potential draft impact associated with his fireplace and the second-story addition proposed, Item No 2 on this agenda. · Handout from Staff outlining the intended purpose of Campbell Municipal Code Chapter 21.22(C1), Neighborhood Commercial; Chapter 21.24 (C2), General Commercial; and Chapter 21.26 (C3/Business) Zoning Districts, Item No. 4 on this agenda. AGENDA MODIFICATIONS OR POSTPONEMENTS Item No. 1 Staff has recommended removal of Item No. Chairperson Alne read the application into the record. 1. S 92-10 Public Hearing to consider the application of Mr. Patrick Finnigan, on behalf of Mr. Tony Chang, for approval of a Site and Architectural Permit to allow the construction of a Single- family residence on property located at 1689 Walters Avenue, in a R-1-9 (Single-Family Residential) Zoning District. MOTION On motim~ ~f Cmmntssim~r Me3~r.Kenn~d~, see~nd~l b~ Cemmisstm~r Fox, S 9Z-1o w~ r~m~v~d frmn the Calendar t~ b~ re.agendiz~d t~ date une~rtatn, (~-o-1). ORAL REQUESTS: There were no oral requests. PUBLIC HF_4.RINGS: Chairperson Alne read the application into the record. 2. M 93-01 Consider the application of Mr. Guy Denues, on behalf of Mr. Steve Watson, for approval of a modification to a sideyard setback to allow the construction of a second-story addition on property located at 1719 Palo Santo Drive, in an R-I-6 (Single-family Residential) Zoning District. Planning Commission Minutes of February 9, 1993 2 Associate Planner, Mr. Tim J. Haley, presented the staff report, noting the following: The applicant's request for minor modification to a sideyard setback to build a second-story above the garage portion of the residence. · Staff is supportive of the application. Commissioner Wilkinson provided the Site and Architectural Review Committee's report of January 28, 1993, recommending approval of the application. · Revised plans changing the elevations of the proposal have been submitted by the applicant, as requested by the Architectural Advisor. Commissioner Fox asked if the proposed setback would increase or decrease the degree of non-conformity of the building. Mr. Haley indicated that the current setbacks would remain the same. Chairperson Alne asked if anyone from the public would tike to address the Commission on this item. There was no response. Mr. Haley drew attention to the letter received from Mr. Ouano regarding potential impact to his fireplace draft. Chairperson Alne explained that it would be difficult to presume that air currents would be affected by approval of a three foot variance. MOT/ON.. AYES: NOES: ABSENT: On motion of Commissioner Perrin~ seconded by Commissioner M~er- Kennedy, Resolution No. 2840 was unanimously adopted with the revommended findings from staff. The motion carried by the following roll call vo~: Commissioners: Commissioners: Commissioners: Perrine, Meyer-Kennedy, Wilkinson, Fox, Alne None Higgins Planning Commission Minutes of February 9, 1993 Chairperson Alne read the application into the record. 3. SA 93-01 Consider the application of Mr. Skip Gill, on behalf of All California Title Company, to allow three (3) wall-mounted signs in an existing office building located at 901 Campisi Way, in a PD (Planned Development/Commercial) Zoning District. A~sociate Planner, Mr. Tim J. Haley, presented the staff report, noting the following: · The applicant is requesting approval of signage in excess of square footage permitted for signs in the sign ordiance for offices. Staff is supportive of the application due to the site layout, the location, and the size of the office development. Commissioner Wilkinson presented the Site and Architectural Review Committee report from the meeting of January 28, 1993, as follows: · The Committee recommended that one of the Iogos be deleted. · The Committee is supportive of the application, with the deletion of one of the Iogos. Commissioner Wilkinson and Staff explained the exact location of the proposed signs at the request of Commissioner Meyer-Kennedy. Chairperson Alne asked if anyone from the public would like to address the Commission on this item. There was no response. On motion of Commissioner Fox, seconded by Commissioner ~ K~nnedy, SA 93-01, was unanimously approved per staff recommen~tion, (5-0-1). Chairperson Alne read the application into the record. Planning Staff Planning Commission determination that the establishment of a commercial school is similar to other uses permitted with a Use Permit in the C-3-S (Central Business) Zoning District. Director of Planning, Mr. Steve Piasecki, presented the Staff Report, noting the Planning Commission Minutes of February 9, 1993 following: A retail business was established in the downtown area that offers instruction in yoga and meditation, ,, The C-3-S Zoning District, where the business is located, does not specify schools in the ordinance. Staff is asking the Commission to interpreted the ordinance and make a finding that a commercial school is similar to other uses permitted with a Use Permit in the C-3-S (Central Business) Zoning District. · Staff has provided the Commission with a handout outlining the intended purpose for Neighborhood Commercial; General Commercial; and Central Business Zoning Districts. · Three options were provided by staff for the proposal, allow schools whose use is incidental to the retail use, prohibit schools in a C-3-S District, or review each application on a case by case basis. Objectives of the Downtown Zoning District. Commissioner Meyer-Kennedy stated that she would be abstaining on this item since her office is located dowtown. Commissioner Fox discussed, the following: · Reaching a "middle-ground," in order amplify business and customer movement in the Downtown Campbell Area. · He expressed support for businesses that would offer classes of instruction on a specific night, such as recreational activities-a theater. ~ The intent of the C3 Zoning District Ordinance is mentioned twice relative to retail-to enhance the downtown as a unique retail environment, and to promote groundfloor retail. Suggested restricting commercial schools to operating solely on the second-floor, the school should be accessible from the ground floor, and enhance existing retail businesses. Commissioner Perrine asked for boundaries of the Downtown Area, and Mr. Piasecki indicated that the area within the loop streets is considered the Downtown Area. Commissioner Fox asked if restaurants and theater uses are specified in the C3 District, and Mr. Piasecki indicated that restaurants are mentioned. Commissioner Fox continued that the C3 Zoning Ordinance had already been prepared, suggesting that its intent should be adhered to. He asked if the Planning Commission Minutes of February 9, 1993 5 Commission was being asked to "weed-out," certain types of uses. Mr. Piasecki stated that staff could add information to better specify the intent of the Ordinance. Commissioner Fox asked if staff could prepare a report illustrating how other cities in the area have dealt with commercial schools in downtown areas. Additionally, he asked if there had been any problems in similar uses downtown. Mr. Piasecki indicated that a report could be prepared, and Associate Planner, Mr. Tim J. Haley, stated that he was not aware of any problems. Mr. Piasecki asked if instructional use should be tied to retail use all the time. Commissioner Fox suggested specifying uses such as a book store below an instructional use, but he preferred continuing the item until the next Commission meeting. Commissioner Wilkinson asked if adding wording would drive out small instructional studios- asking if karate studios would be ban and if staff is anticipating a large commercial school development in the downtown area. Mr. Haley assured the Commission that the existing buildings do not lend themselves to large commercial school uses. Chairperson Alne provided the following comments: Council has specified uses permitted in a C1 and a C2 District, the fact that commercial schools are not listed as permitted uses in the C3 Zoning District is not an oversight. Currently staff can determine if the use is incidental or not, and if the applicant does not agree, he can come before the Commission; and, if not satisfied with the Commission's decision, he can appeal to the City Council. Changing the intent of the Ordinance would place a greater burden on staff by requiring them to decide whether a use is incidental to the retail sales of the business operation. ~ He voiced concern about changing the the ordinance. Commissioner Fox pointed out that a policy could restrict viable customer enhancement for existing businesses. Discussion ensued relating to appropriate changes to the wording to define the C3 Zoning District's intent. Planning Commission Minutes of February 9, 1993 6 MOTION: On motion of Commissioner Fox. seconded by Commissioner Perrine, discussion regarding determination that the establishnuszt of a commercial school is similar to other uses permitted with a L~e Permit in a C3 Zoning Dist.'ct, was continued to March 23, 1993, (5-0-1). REPORT OF THE PLANNING DIRECTOR The written report of the Planning Director was accepted. Ms. Joan Bollier, City Engineer, provided a brief report to the Commission regarding the City's removal of trees along East Campbell Avenue, as previously requested by the Commission. The report was accepted. ADJOURNMENT: The Planning Commission meeting of February 9, 1993, adjourned at 8:20 p.m., to the next regularly scheduled Planning Commission meeting of February 23, 1993, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. Karon Shaban, Reporting Secretary Planning Commission Minutes of February 9, 1993