PC Min 04/27/1993CITY OF CAMPBELl.
PLANNING COMMISSION
MINUTES
April 27, 1993
City Council Chambers 70 North First Street
7:30 P.M. Campbell, California
The Planning Commission meeting of April 27, 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:
Comm~ssloner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Jay Perrine
Mark Wilkinson (arrived at 7:35 p.m.)
Mel Lindstrom
Lee Akridge
David Fox
Jane Meyer-Kennedy
Commissioners Absent: None
Staff Present:
Director of Planning, Steve Piasecki
Associate Planner, Tim J. Haley
Acting City Engineer, Michelle Quinney
City Attorney, William Seligmann
Reporting Secretary, Karon Shaban
APPROVAL OF THE MINUTES
MOTION: On motion of Commissioner Lindstrom seconded by Commissioner Akridge, the
Planning Commission minutes of April 13, 1993, were unanimously approved
as submitted, (5-0-2), Commissioners Meyer-Kennedy and Fox abstaining due to
their absence from the meeting of Ap~l 13, 1993.
Planning Commission Minutes of Ap~l 27, 1993 1
AGENDA MODIFICATIONS OR POSTPONEMENTS
There were no agenda modifications or postponements.
COMMUNICATIONS
Informational memorandum from the City Attorney relating to Conflict of
Interest procedures.
ORAL REQUESTS
There were no oral requests.
PUBLIC HEARINGS
The Chairperson read Item No. 1 into the record.
1. UP 93-03
Tayebi, M.
Public Hearing to consider the application of Mr. Masoud
Tayebi for approval of a Conditional Use Permit to allow an
off-sale beer and wine license and operational hours after
11:00 p.m. on property located at 811 West Hamilton
Avenue, in a PD ((Planned Development/Commercial)
Zoning District.
Mr. Tim J. Haley, Associate Planner,
*
presented the staff report, noting the following:
Applicant's request. Applicant amended his request to extend hours of operation
beyond 11:00 p.m., and is agreeable to closing before that time.
Site location and floor area designated for retail use.
The Police Department offered no objections to the application.
Staff is recommending that the Planning Commission adopt a resolution,
incorporating the findings, subject to the Conditions of Approval, allowing a Use
Permit for an off-sale beer and wine license in conjunction with a specialty food
store approving the application.
Chairperson Alne opened the Public Hearing.
Public Comment:
There was no public comment.
MOTION:
On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Perrine,
the Public Hearing was unanimously closed.
Planning Commission Minutes of April 27, 1993 2
MOTION:
NOES:
ABSENT:
On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Per~ne,
Resolution No. 2848 was adopted, incorporating the findings, su~ect to the
Conditions of Approval, allowing a Use Permit for an off-sale beer and wine
license in conjunction with a specialty food store, by the following roll call vote:
Commissioners:
Commissioners:
Commissioner:
Perrine, Ak~dg~, Lindstrom, Wilkinson, Meyer-Kennedy, Fox,
None
None
Chairperson Alne read the application into the record.
2. S 92-02
Kohlsaat, G.
Public Hearing to consider the application of Mr. Gary
Kohlsaat, on behalf of Mr. John Townsend, for approval of a
Site and Architectural Application, to allow the constn~ction
of a new single-family residence on property located at 1460
Capri Drive in an R-l-10 (Single-Family Residential/Low
Density Residential) Zoning District.
Mr. Tim J. Haley, Associate Planner, presented the Staff report noting the following:
* The applicant's request.
* Location of the proposed project.
* Consistency with the Zoning and General Plan designations.
* On April 15, 1993, the Site and Architectural Review Committee suggested that
the roof ridge line be lowered approximately five feet.
* Staff is recommending that the roof ridge line be lowered only two feet to
retain a different height for the two-story portion of the structure over the
garage.
* Staff recommends that the Planning Commission approve the applicant's
request.
* The applicant requested that if the Commission has concerns regarding the
roof design, that the application be continued for two weeks.
Commissioner Fox presented the Site and Architectural Review Committee meeting
recommendation, pointing out the Committee's interest in lowering the ridge line of
the roof five feet. The Committee recommended approval.
Commissioner Wilkinson asked about the height as proposed by the applicant and
Planning Commission Minutes of April 2 7, 1993 3
what the City Code is for height within the R-I-10 Zoning District. Mr. Haley
responded that the height of the ridge was proposed at 29.5 feet, and that the
maximum allowable height for an R-l-10 Zoning District is 35 feet.
Commissioner Fox asked why staff was recommending two feet instead of five feet as
recommended by the Site and Architectural Review Committee. Mr. Haley explained
that Staff is supportive of retaining the varied roof elements to provide a more
interesting design.
Chairperson Alne noted his attendance at the Site and Architectural Review
Committee meeting. He stated that the intention of the Committee to lower the
ridge line five feet was clearly pointed out at the meeting.
Director of Planning, Mr. Steve Piasecki, interjected that Staff objected to lowering
the ridge line five feet because doing so would make the building appear "squatty."
Staff supports a stepped design to maintain the integrity of the building design. The
applicant was concerned about reducing the ridge line and eliminating the stepped
roof line appearance.
Commissioner Fox added that dropping the ridge line five feet would provide relief
for the fascade, and that the dormer element would remain the same height, hence
providing the stepped appearance.
Discussion ensued between Commissioners relating to continuing the item.
Chairperson Alne opened the Public Hearing.
Public Comment:
Mr. Richard Taborek, 1441 Walnut Drive, presented foil overhead projections to
illustrate the "Day Light Plane," (a standard to review whether building height and
mass would impact the day light of surrounding homes). He reminded the
Commission of the San Tomas Area Study meetings that have been taking place.
Further, he pointed out that the neighboring residents support less massive homes
with greater setbacks; that upcoming policy in the San Tomas Area will reflect this;
and, suggested that the roof line would provide appropriate Day Light Plane if it
were only 28 feet in height.
Chairperson Alne asked how the standard would change in summer months.
Mr. Taborek said that the Day Light Plane was not based upon the seasons.
Additionally, Mr. Taborek suggested that a two-and-a-half story residential home
Planning Commission Minutes of April 27, 1993 4
should not be built in the San Tomas Area, since the new policy will limit setbacks,
massiveness, and height. He suggested relocation of the proposed building site.
Mr. Kurt Anderson, KBA Architects, 476 East Campbell Avenue, informed thc
Commission that the Town of Los Gatos requires a solar study analysis to review the
worst and the best case scenario for light impacts to surrounding neighbors. He
explained why the "Day Light Plane" standard would not be an accurate means of
measure. Further, he suggested that before the City adopts a policy based upon the
"Day Light Plane," it investigate Computer Aided Models.
Commissioner Perrine asked Mr. Anderson to expand on why the "Day Light Plane"
was not an appropriate standard.
Mr. Anderson explained the following:
* The "Day Light Plane" standard is limited to vertical angle and does not take
into consideration the long shadows created in winter months.
* The structure is not considered from every angle.
* Additionally, he provided information relative to mechanisms used by the cities
of Saratoga, Cupertino, San Jose, the Town of Los Gatos, and the County of
Santa Clara.
* Often lowering of the roof ridge line can ruin the interior living space of the
structure.
* He urged the Commission to consider more appropriate ways to analyze light
impacts before establishing a policy, as suggested by Mr. Taborek.
Mr. Bruce Reed, 1509 Walnut Drive, expressed the following concerns:
* Briefing the Commission relating to the establishment of the San Tomas Policy,
he explained that when the City of Campbell petitioned to annex the area into
its boundaries, San Tomas residents were assured that the area would be
protected against large developments.
* He did not receive a notice of public hearing even though he lives adjacent to
the proposed site.
* He objected to the Finding for Approval No. 1, recommended by Staff
(Attachment 1 of the Staff Report dated April 27, 1993), stating that "...
proposed dwelling is well designed and is architecturally compatible with the
surrounding area..."
* He objected to approval of an application that would impact his right to
sunlight and fresh air.
* He asked if any variances were attached to the lot, stating that he has
Planning Commission Minutes of April 27, 1993 5
previously asked the question of the Planning Staff and they could not provide
an answer.
Additionally, he asked why non-conforming mobile homes were being allowed
in the area, alleging that for several years his complaints relating to the
existence of non-conforming mobile homes has received no action by Staff.
Commissioner Fox pointed out that there are no residential structures abutting the
proposed home site. Mr. Reed clarified that his property is at a corner angle to the
proposed home site.
Commissioner Fox inquired when the San Tomas Study would be completed, and if
Staff would like to modify its recommendation to lower the ridge line only two feet.
Mr. Piasecki stated that it would be several months before a policy would be
established, and indicated that Staff would stand on its previous recommendation
that the ridge line of the roof be lowered only two feet.
Commissioner Fox suggested that the applicant's architect submit additional drawings
to illustrate the roof heights at levels recommended by Staff and by the Committee.
Mr. Piasecki concurred with the suggestion.
Chairperson Alne expressed difficulty with supporting or denying an application
based upon a potential policy. The application currently complies with City
Ordinances and the application must stand or fall on the law that governs at this
time.
Commissioner Meyer-Kennedy asked Staff to provide Mr. Reed with answers to his
question regarding existing variances on the property. Mr. Piasecki stated that
currently he is not aware of any variances, however, he would research the history of
the property in order to provide the information requested by Mr. Reed.
MOTION:
On motion of Commissioner Akridge, seconded Ire Commissioner Meyer-Kennedy,
the Public Hearing was unaninums~y continued to the next regularly scheduled
Planning Commission meeting of May 11, 1993.
Planning Commission Minutes of April 27, 1993 6
MISCE~EOUS
Chairperson Alne read Item No. 3 into the record.
3. M 93-04
Anderson, IC
Appeal of the Planning Director's decision to require a
Site and Architectural approval for the proposed remodel of
an existing commercial building on property located at 75
North San Tomas Aquino Road, in a C-1-S (Neighborhood
Commercial) Zoning District.
Director of Planning, Mr. Steve Piasecki, presented the staff report, noting the
following:
* The Director of Planning has the discretion to determine if an application is a
minor modification and if the design is in character with the surrounding
developments.
* The applicant is remodelling the exterior building fascade and providing a new
roof. Staff feels that the modifications warrant a Site and Architectural Review.
* The City Code suggests that administrative approval may be granted if it is a
minor adjustment to a previously approved Site and Architectural Application.
* The property was not previously reviewed for Site and Architectural approval,
the character of the building is being altered, and administration would prefer
proper public notice since the building is located adjacent to a residential area.
* Staff is recommending that the Planning Commission uphold the decision of
the Planning Director to require a Site and Architectural Permit for the
existing commercial building at 75 North San Tomas Aquino Road.
Chairperson Alne was supportive of the Planning Director's decision. He asked if the
applicant would like to address the Commission.
Mr. Kurt Anderson, the applicant, 476 East Campbell Avenue, asked for
consideration as follows:
* The proposed modifications do not change the character of the retail center.
* Review of the Ordinance supports the idea that a "minor modifcafion,"
should not require a public hearing.
* The time factor for obtaining Site and Architectural Approval was the chief
concern of the property owner.
* The applicant was told that administrative approval was all that was necessary,
and after submission of the application, he was told that a full public hearing
would be necessary.
Chairperson Alne asked Mr. Anderson if Staff had reviewed the architectural
drawings submitted prior to requesting a Site and Architectural Review of the item.
Planning Commission Minutes of April 27, 1993 7
He asked if he was intentionally mislead by Staff.
Mr. Anderson stated that he was informed of the Director's decision after the
director had reviewed the plans. He stated he was not intentionally mislead by staff.
Commission and staff discussion indicated support for streamlining the application in
order that the project not be delayed.
Mr. Frank Fettis, 81 North San Tomas Aquino Road, an adjacent neighbor voiced no
objections to the proposal. He was supportive of upgrading the building.
Mr. Piasecki asked if the Commission would like the parking area reviewed as well as
the building modification. The Chair indicated that he would.
Mr. Fred Schulze, the property owner, 3000 Paseo Vista, San Martin, California, asked
the Commission to consider upgrading the building, expediency in the application
process, and that existing parking be retained. He discussed easements suggested by
Staff during a prior application submittal, and he reminded the Commission that the
building had been vacant for two years.
MOTION:
On motion of Commissioner Fox, seconded by Commissioner 1451kinson, the
Commission upheld the decision of the Planning Director to require a Site and
Architectural Permit for the existing commercial building at 75 North San
Tomas Aquino Road, and asked that the application presented be expedited,
and that no new application be required. (7-0-0).
Chairperson Alne read the next item into the record.
4. SA 93-08
McClure, W.
Consider the signing request of Mr. Wade McClure, on
behalf of Home Savings of America, for approval of a signing
program for property located at 1605 South Winchester
Boulevard in a C-1-S (Neighborhood Commercial) Zoning
District.
Mr. Tim J. Haley, Associate Planner, presented the staff report, noting the following:
* The applicant's request.
* Location of the signage requested.
* Staff is recommending approval of the application with the deletion of two of
Planning Commission Minutes of April 27, 1993 8
the logo emblems on the northeast elevation of the building.
Commissioner Fox presented the recommendation of the Site and Architectural
Review Committee meeting of April 15, 1993, to approve the application with the
recommendation from Staff that the two logos be deleted on the northeast side of
the building facing the intersection.
Discussion ensued between Commissioner Meyer-Kennedy and Mr. Haley relative to
the location proposed for the logo signs.
MOTION:
On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Fox, the
signing program for Home Savings of American located at 1605 South
Winchester Boulevard be approved, with the deletion of the two logo emblems
on the northeast elevation of the building site, was unanimously approved ( 7-0-
REPORT OF THE PLANNING DIRECTOR
The Oral Report of the Planning Director was presented and accepted as follows:
* Article from the Business Journal relating to "Mixed Uses."
* The Council continued the application of Mr. Steve Saray, the 132 Redding
Road Project, to allow time for the City Attorney to prepare an agreement that
would hold the City harmless tbr structural flaws.
* The Council waived the park impact fee [br the application on Castro Court, as
recommended by the Commission.
* The Council appointed Tanya Lonac the City's Historic Preservation Board,
replacing Donella Prince who recently resigned her position.
* Upcoming applications include a Marshall's and a Trader Joe's at the
Pruneyard, and the remodel of the former Nob Hill Store.
* Friends of the Vasona Corridor met to discuss using ISTEA Funds for Measure
A projects, the addition of a Light Rail connection between Sunnyvale and the
Lockheed Corporation, and implementation of an employer trip reduction
plan.
X Item
REPORT OF THE CHAIRPERSON
Chairperson Alne discussed the following:
* Thc Council strongly recommended that in the future all applicants be
appraised of all fees related to their proposal prior to submittal of their
application.
Planning Commissian Minutes of April 27, 1993 9
Mayor's Roundtable discussion included budget cuts within the City.
During thc City Council meeting of Ma), 4, 1993, consolidation of the
Campbell Fire Department into thc Central Fire District will bc enacted.
West Valley Sanitation District has been contracted to pick up the dead animals
for the City of Campbell.
ADJOURNMENT
Thc Planning Commission meeting adjourned at 9:00 p.m., to the next regularly
scheduled Planning Commission meeting of May 11, 1993, in the Council Chambers,
City Hall, 70 North First Street, Campbell, California.
Respectfully Submitted by:
Karon Shaban, Reporting Secretary
ATTEST:
Planning Commission Minutes of April 27, 1993 10