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PC Min 03/23/1993CITY OF CAMPBELL PLANNING COMMISSION MINUTES March 23, 1993 City Council Chambers 7:30 P.M. 70 North First Street Campbell, California The Planning Commission meeting of March 23, 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: Chairperson Alne introduced the two newly appointed Planning Commissioners, Lee Akridge and Mel Lindstrom, and welcomed them to the Commission. ROLL CALL Commissioners Present: Chairperson: I. Alne Commissioner: Jay Perrine Commissioner: Jane Meyer-Kennedy Commissioner: Mark Wilkinson Commissioner: David Fox Commissioner: Mel Lindstrom Commissioner: Lee Akridge Staff Present: Director of Planning, Steve Piasecki Associate Planner, Tim J. Haley Planner I, Julie McCullough City Engineer, Joan Bollier City Attorney, William Seligmann Reporting Secretary, Karon Shaban APPROVAL OF THE MINUTES: MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Y~inson, the Pkum~ Commission minutes of February 23, 1993, were unanimously approved as submitted, (5-0-0-2), Commissioners AkrMge and Li~ abstained due to their appointment to the Planning Commission afl~,r the meeting of February 23, 1993. Planning Commission Minutes of March 23, 1993 AGENDA MODIFICATIONS OR POSTPO~NTS., There were no agenda modifications or postponements. COMMUNICATIONS: Items of communication were included with the packet distribution. There were no additional items to present. ORAL REQUESTS: There were no oral requests. PUBLIC I-1FARINGS: Chairperson Alne read the application into the record. 1. S 93-01 Public Hearing to consider the application of Musil Perkowitz Ruth, Inc., on behalf of Mr. Jim Don, for a Site and Architectural Permit to allow the expansion and remodel of existing commercial buildings on properties located at 1581 and 1611 West Campbell Avenue, in a C-1-S (Neighborhood Commercial) and C-2-S (General Commercial) Zoning Districts. Mr. Tim J. Haley, Associate Planner, presented the Staff report noting the following: * The applicant's request for approval to allow the remodel and expansion of two existing commercial properties, located at the former Nob Hill Store site. The request is for additional floor space. The applicant proposes relocation of the existing Mexican Fast Food Restaurant at the location. * A Zone Change will be initiated after the two properties are combined, as part of the Conditions of Approval. * The parking requirements and the applicant's proposal. A parking analysis was prepared supporting the proposed parking. * Staff will support the application, however, is suggesting that additional pedestrian access (14') be provided along West Campbell Avenue, and reducing the width of the driveway approaches of the northern driveway to permit only one-way traffic and to provide future joint use of the driveway. Further, Staff is supportive of limited landscaping since the project involves the remodeling of an existing commercial project, and no landscaping currently exists there. Staff is recommending that a landscape plan be required with the proposal and that raised planters be incorporated in the front of the main building. Staff is recommending that the Commission grant a Negative Declaration, and adopt a resolution approving the proposal. Planning Commission Minutes of March 23, 1993 2 Commissioner Wilkinson provided the Site and Architectural Review Committee's report of March 9, 1993, recommending approval. He noted that revisions discussed at the meeting were provided by the applicant, as follows: * Revised building elevations incorporating returns and architectural details. * Revised site plan introducing trees and/or planters into the walkway area. * Modification to the width of the northern driveway to limit its use to one-way. Commissioner Meyer-Kennedy expressed concern about reducing the landscaping requirement. Mr. Haley explained that as far as visibility from the street, the proposed project would be similar to the shopping center across the street, and that an increase in landscaping would require limiting parking or reducing the size of the proposed building. Chairperson/kine opened the Public Hearing, no one addressed the Commission. MOTION: On motion of Commissioner Meyer-Kemwdy, seconded by Commissioner Fox, the Public Hearing was tmanimous~y closed. MOTION: On motion of Commissioner Meyer-Kemwdy, seconded by Commissioner Fox, a Negative Declaration was granted and Resolution No. 2843 was adopted with the recommended findings, subject to the Conditions of Approval provided by Staff. The motion carried unanimously by the following roll call vote: NOES: ABSENT: ABSTAIN: Commissioners: Commissioner: Commissionen Fox, Perrine, Ak dge, Lindstrom, Meyer-Kennedy, W'dkinson, Fox, Alne None None None Chairperson Alne read Item No. 2 into the record. 2. LIP 93-01 Public Hearing to consider the application of Mr. Richard Henry for a Conditional Use Permit to allow the use of an existing accessory building as an additional living unit on property located at 423 Castro Court in an R-1-6 (Single-Family Residential) Zoning District. Mr. Tim J. Haley, Associate Planner, presented the Staff report noting the following: * The applicant's request is to remodel an accessory building located at the rear of the project site, creating a secondary living unit. * The site location and size of the buildings. * The Site and Architectural Advisor recommends revision of the porch element to enhance the entrance to the secondary living unit and an increase in perimeter of Planning Commission Minutes of March 23, 1993 3 landscaping on the site. Staff is recommending that the Planning Commission adopt a resolution approving the project subject to the Conditions of Approval. Commissioner Wilkinson withdrew from discussion on this item, due to conflict of interest. Commissioner Fox discussed the Site and Architectural Review Committee meeting of March 9, 1993. The applicant had expressed concern relating to the proposed Park Dedication Fees. Commissioner Fox expressed a desire to recommend that the City waive the fees, recommended in the Staff Report (Condition No. 11, "Pay a Park Impact Fee of $7,035." Mr. Piasecki noted that it is not within the Commission's scope of duties to waive fees, and presented alternatives to staff's recommendation. Commissioner Fox again asked that part of the motion include a recommendation that City Council waive the fees. Mr. Piasecki stated that the Commission could forward an opinion to the City Council about the fees. Commissioner Fox asked if the Planning Staff is suggesting that the Commission adopt the resolution and include Condition No. 11, even though the Commission is opposed to that Condition. Mr. Piasecki said that the applicant could appeal to the Council, therefore, recommended approving the resolution as presented. Commissioner Fox briefed the Commission on the Site and Architectural Review Committee meeting of March 9, 1993, noting that the Committee was supportive of the application with the revised porch element and increased landscaping. The applicant was agreeable. Chairperson Alne opened the Public Hearing. Public Comment: Mr. Richard Henry, the applicant, addressed the Commission noting the following: * He was not advised of the amount for the Park Dedication Fee, upon filing his application for a Use Permit which was $1,450. Had he known of the additional fee amounting to $7,000, he would not have applied. He has been informed by the Planning Department that his application fee cannot be refunded. * He was building the unit to avoid placing an older parent in a home. Mr. Piasecki interjected that Park Dedication fees are required by law. Planning Commission Minutes of March 23, 1993 4 Commissioner Fox reviewed a prior application where a fee was waived due to its minimal nature. Chairperson Alne asked if Mr. Henry would clarify his request relating to the fee. he suggested that since Park Dedication fees are required by law, it may be more appropriate to waive the Use Permit fee. Further, Mr. Henry asked that the Commission make a very strong recommendation to the Council that the fee be waived, since he cannot pay it. Commissioner Fox asked that a recommendation be forwarded to the Council asking them to negotiate reducing the Park Dedication Fee and waive the Use Permit Fee, since Mr. Henry was not appraised of the amount of the fee prior to filing his application. Further, Commissioner Fox implied that the fee structure be reviewed to allow minor Use Permit applicants to pay fee suitable to the size of their project. He asked if Staff could construct a paragraph for the Commission to reflect the concerns discussed and forward it to the Council. The Commission concurred. Mr. Piasecki suggested that the fee structure could be reviewed for Park Assessment Fees to allow small budget projects creating minimal impacts to proceed. Commissioner Perrine cautioned the Commission about reducing fees due to potential future impacts from projects such as this on the City's park land. Chairperson Alne reminded the Commission that Mr. Henry was not properly notified of fees required, therefore, the Commission should recommend reducing or waiving the Park Dedication Fees or return his application fee. Mr. Piasecki discussed how fees were assessed, pointing out how difficult the formula would be to explain. Mr. Richard Emigh, 706 Capitola Avenue, Capitola, representing Mr. and Mrs. Cutting, 1273 Peggy Avenue, Campbell, noting support for Mr. Henry's request. * He stated the same situation occurred with the approval of Mr. and Mrs. Cutting's application for an additional dwelling unit in Campbell. The required park fee of $11,000 was not mentioned prior to filing of the application. * He asked how a second dwelling unit such as the one being proposed (limited by ordinance to 600 square feet) could impact future parks in the City. * Additionally, he commented that the City is making it unaffordable for people to provide second units on sites that are legally zoned for this purpose. * He made suggestions on how to resolve park dedication fee assessment concerns. Mr. Charles Cutting, 1273 Peggy Avenue, noted that he has owned his property since 1951, Planning Commission Minutes of March 23, 1993 5 and has paid taxes to the City of Campbell since that time. Further, that review and assessment of fees should be reviewed for second units ("granny flats") with applicants prior to their filing their applications. Mr. Seligmann provided a brief review of the fee assessment, which he stated is based upon the density of the development and a formula, times and amount of park land against the value of the project land. Mr. Cutting said that the plans presented for the project site, are nearly identical to his previously approved project and his fee was higher ($11,000). Mr. Piasecki pointed out the differences in the applications. Chairperson Alne asked Staff to provide Mr. Henry with help in filing the appeal. No one else wished to speak on this item. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Perrine, the Public Hearing was unanimously closed. MOTION: NOES: ABSENT: ABSTAIN: On motion of Commissioner Perrlne, seconded by Commissioner Meyer- Kennedy, it was unanimously ordered that Resolution No. 2844 be adopted, approving the application, adding a request that the City Council evaluate the park fees imposed on second units relative to Ordinance 1836 of the Campbell Municipal Code; that minutes of this meeting be forwarded to the City Council for their consideration regarding waiving fees for Mr. Henry; and, that staff assist Mr. Henry in filing his appeal. The motion carried with the following roll call vote: Commissioners: Commissioners: Commissioner:. Commissioner: Fox, Perrine, Akridge, Lindstrom, Meyer-Kennedy, Fox, Alne None None ~tikinson Further Discussion of Item No. 2 Mr. Henry asked how an appeal is filed and if there was a fee. Mr. Tim Haley explained the appeal procedure. Chairperson Alne reminded the Planning Staff that it is important to assist Mr. Henry further with filing the appeal, since he was not provided due notice for the fees, and because the fee structure may need review. Planning Commission Minutes of March 23, 1993 6 Chairperson Alne read Item No. 3 into the record. MISCELI~d~EOUS: 3. Staff Planning Commission determination regarding the interpretation of a commercial school use in the C-3-S (Central Business District) Zoning District, pursuant to Section 21.59.070 of the Campbell Municipal Code. Ms. Julie McCullough, Planner I, provided the Staff report, noting the following: * How other cities in the area deal with commercial schools in their downtown areas. Staff reviewed policies of Saratoga, Danville, Los Altos, and Los Gatos. * Staff recommends that the Planning Commission take action to require a Use Permit for commercial school uses on the ground floor of parcels abutting East Campbell Avenue, east of Second Street, in the C-3-S Zoning District; and, that commercial school uses be permitted elsewhere in the G-3-S Zoning District. Commissioner Wilkinson asked that the commercial schools be accessible from the sidewalk. MOTION: On motion of Commissioner Fox, seconded by Commissioner Perrlne, Staff's recommendation, f'mding that a commercial school is similar in use to an office use in the downtown core and therefore is a permitted use in the C-3 (Central Business) Zoning District, except for ground floor parcels abutting East Campbell Avenue, east of Second Street where a Conditional Use Permit is required, (64)-0-1), Commissioner Meyer-Kennedy abst_oining due to conflict of interest. Chairperson Alne read Item No.4 into the record. 4. E 93-01 Consider the request of Mr. A. R. Oliveira for approval of a fence exception to allow the construction of a 6'8" fence along the rear and side property lines on property located at 607 Lisa Way in a PD (Planned Development/Medium Density Residential) Zoning District. Mr. Tim J. Haley, Associate Planner, presented the Staff report noting the following: · rS * The applicant request. * Verbal objection of one of the adjacent property owners. * Staff recommends approval. Commissioner Fox asked if approval was needed from the adjacent property owner, even though his property is located in San Jose. Mr. Haley explained that all adjacent property owners are notified. Planning Commission Minutes of March 23, 1993 7 MOTION: On motion of Commissioner Fox, seconded by Commissioner Meyer- Kennedy, the application was approved, (60-0-1) Commissioner W'dkinson abs~ining due to conflict of interest~ Chairperson Alne read Item No. 5 into the record. 5. Staff Strategic Plan Update: Mr. Steve T. Piasecki, Director of Planning, provided an oral review of the Strategic Plan, the "kickoff meeting," of March 11, 1993, and the Council briefing that took place on March 18, 1993. Commissioners were unable to attend due to the Annual Planning Commissioners' Institute, hosted by the League of California Cities. He discussed the following: * The Citizen Council of the Assessment Phase. * The next meeting will concentrate on what direction the City wants take. * The Strategic Plan will take a back-seat to the Budget. Commissioner Meyer-Kennedy, attended the Strategic Plan meeting, and commended staff for their presentation materials, and the information provided. She was disappointed on the citizen turnout. Commissioners Fox and Perrine reported on the Planning Commissioners' Institute held in Monterey. REPORT OF THE PLANNING DIRECTOR The Commission accepted the written report of the Planning Director. Additional discussion included: * A petition from residents relating to rezoning of property located at 700 Hacienda that will be addressed by the Planning Commission at an upcoming meeting. * The project being designed for property located at 132 and 146 Redding Road. Action Item * Appointment of two Commissioners to serve on the Interim Streetscape Task Force. Chairperson Alne appointed Commissioners David Fox and Lee Akridge. Commissioner Meyer-Kennedy asked to be kept informed regarding the rapid transit and the Vasona corridor project delay. Commissioner Mark Wilkinson asked about selection of a new Architectural Advisor. ADJOURNME~: Planning Commission Minutes of March 23, 1993 8 The Planning Commission meeting adjourned at 8:32 p.m., to the next regularly scheduled Planning Commission meeting of April13,1993, in the Council Chambers, City Hall, 70 North First Street, Campbell, California. Respectfully Submitted by: ~ ~ffz~/g~-~ Karon Shaban, Reporting Secretary ATTEST~ Planning Commission Minutes of March 23, 1993