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PC Min 10/12/1993CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY OCTOBER 12, 1993 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of October 12, 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 C,.ALL Commissioners Present: Chairperson: Commissioner: Commissioner: Commissioner: Commissioner: I. Alne Lee Akridge Mel Lindstrom Jane Meyer-Kennedy Jay Perrine Commissioners Absent: None Staff Present: Community Development Director: Steve Piasecki Associate Planner: Land Development Engineer: City Attorney: Reporting Secretary: Tim J. Haley Mike Fuller William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Perrine, seconded by Commissioner Alne, the Planning Commission minutes of September 26 1993, were approved (5-0-1) with the correction that the vacancy of Vice Chair was left by the completion of Commissioner Wilkinson's term rather than by the resignation of Commissioner Fox. Commissioner Meyer- Kennedy abstained from the vote as she was not at the September 26, 1993 meeting. Planning Commission Minutes of October 12, 1993 Page 2 COMMUNICATIONS There were no communications. AGENDA MODIFICATIONS OR POSTPONEMENTS One correction page to the Conditions of Approval for both Item No. 1 and Item No. 2 were distributed. ORAL REQUESTS There were no oral requests. PUBLIC HEARINGS Chairperson Alne read Item No. 1 into the record. 1. R 93-03 Public Hearing to consider the application of Mr. Kurt Anderson for approval of the Reinstatement of a Site and Architectural application (S 91-07) to allow the construction of four single-family homes on properties located at 1265-1271 Burrows Road in an R-l-10 (Single- Family Residential) Zoning District. Mr. Steve Piasecki, Community Development Director, presented the staff report noting the following: · The applicant is seeking the Reinstatement of a previously approved Site and Architectural approval. · The project meets the setback requirements set by the San Tomas Area Neighborhood Plan with the exception of the rear yard setback. · Staff finds this to be a good project that compliments the area. · The specific dollar amount of the Park Impact Fee will be removed from the Conditions of Approval. · Staff recommends approval of this project subject to the Conditions of Approval. Commissioner Akridge inquired about the extent of the setback deficiency. Mr. Piasecki replied, 15 feet rather than the required 25 indicated in the San Tomas Area Neighborhood Plan. Commissioner Perrine inquired about the completion date requirement of August 2, 1994, and why it was not a complete year. Mr. Piasecki replied that the date is that in which the original application expired. Planning Commission Minutes of October 12, 1993 Page 3 Public Hearing re Item No. 1 Suzanne Waher, 1381 Estrellita Way. · Questioned whether the setback deficiency could be brought into compliance if right-of-way land is returned to the property owner as anticipated through the adoption of the San Tomas Area Neighborhood Plan. Chairperson Alne replied that the San Tomas Area Neighborhood Plan was not yet in effect as it has not completed the approval process through City Council. Commissioner Perrine asked Staff whether they could approve an adjustment in the placement of buildings on the property to meet the rear yard setback requirements at Staff level should the San Tomas Area Neighborhood Plan be adopted and the right-of-way property returned to the property owner. Mr. Piasecki replied that this could be accomplished at Staff level. Commissioner Perrine suggested that this caveat be added to the Conditions of Approval in the event that the right of way property is returned that the rear yard setback be adjusted to meet the San Tomas Area Neighborhood Plan requirement of 20 feet. Dawn Vadbunker, 1360 Burrows Road. · A neighbor of this project, she expressed her excitement about the project and urged approval. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Perrine, the hearing was unanimously closed. (5-0-o). MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Perrine, the Planning Commission adopts Resolution 2878 approving the Reinstatement of Site and Architectural approval (S 91-07) to allow the construction of four single family homes on property located at 1265-1271 Burrows Road, with the understanding that if the right-of-way property is available, the applicant will meet the rear yard setback requirement set by the San Tomas Area Neighborhood Plan, by the following roll call vote: Planning Commission Minutes of October 12, 1993 Page 4 AYES: NOES: ABSENT: Alne, Akridge, Lindstrom, Meyer-Kennedy, Perrine None None Chairperson Alne read Item No. 2 into the record. ZC 93-03 PD 93-02 TS 93-04 Public Hearing to consider the application of Mr. Steve Saray to allow the following: a) b) c) A Zone Change from R-M-S (Multiple-Family Residential) to PD (Planned Development). A Planned Development Permit to allow construction of 12 townhomes. A Tentative Subdivision Map creating 12 townhome lots. on property located at 132 & 146 Redding Road, in a R-M-S (Multiple-Family Residential) Zoning District. Mr. Tim Haley, Associate Planner, presented the Staff report as follows: · Applicant is requesting a Zone Change, Planned Development Permit to allow construction of 12 townhomes and approval of a Tentative Subdivision Map to divide the property. · A similar project was previously before the Planning Commission but was denied by the City Council. · Since that time, the project has undergone a change in building design and a reconfiguration of the site layout. · Under R-M-S Zoning District, 14 units are allowed on the project site. · The General Plan calls for a density of 6-13 units per gross acre and this project reflects 11 units per gross acre. · Changes include entry porches and gabled roofs. · At issue is the fate of two mature pine trees. A letter from an arborist indicates that these two trees are in declining health due to a beetle infestation. Staff is requiring that the applicant provide further information regarding these trees prior to a decision being made whether to attempt to save them or remove them. · This project was reviewed by the Site and Architectural Review Committee on September 30, 1993. The Committee recommends approval. Planning Commission Minutes of October 12, 1993 Page 5 Chairperson Alne inquired how many trees were located on the property. Mr. Haley replied that there are minor fruit trees and the two mature pine trees. Chairperson Alne inquired whether the other trees would be cut down. Mr. Haley replied that the minor trees would be cut down. Chairperson Alne inquired whether there would be a landscape review in the event that the two mature trees were to be removed. Mr. Haley replied that if the mature trees were to be removed, they were to be replaced by a dozen 24 inch box trees. Public Hearing re Item No. 2 Mr. Steve Saray, applicant. · Complimented the thorough staff presentation of his proposal and made himself available to answer any questions. Mr. Scott Schulzie, 165 Shelley Avenue. Questioned the timeframe for construction of Phase II. Asked whether the landscaping of the Phase II area could be completed at the same time as the street frontage landscaping and landscaping of Phase I. Wondered if the land for Phase II would sit unimproved. Requested that the standard that the property be maintained "free of combustible trash" be enforced and indicated that currently the property is full of debris. Mr. Tim Haley replied that the project was scheduled in two phases. It is not feasible to install landscaping for entire project at the beginning of construction and to do so was not required. Chairperson Alne inquired about the time period between construction of Phase I and Phase II. Mr. Haley replied that Phase II was scheduled to begin 1 year and 10 months from the date of the initial approval. He suggested that the Commission could clarify a Condition that the Phase II area be kept clear of construction debris. Planning Commission Minutes of October 12, 1993 Page 6 Chairperson Alne suggested that the minor fruit and walnut trees on the Phase II area be left intact until the commencement of construction to allow the surrounding neighbors to enjoy the privacy and view generated by such vegetation. Mr. Saray, Applicant, agreed immediately that this was a viable suggestion that he himself had been prepared to offer. Commissioner Meyer-Kennedy inquired whether the concerns raised by the City Council in rejecting the initial project have been addressed. Mr. Haley replied that it was difficult to say as the concerns were not specific nor fully disclosed. The project site and design have been substantially altered. Commissioner Meyer-Kennedy asked if there were many trees being removed. Mr. Haley replied that no significant vegetation would be retained with the exception of the two mature pine trees if it was determined that these trees could be saved. Chairperson Alne inquired as to who made the final decision to declare the trees unfit. Mr. Haley replied that the current plan calls for retention, staff has asked for more information prior to making a determination as to whether to allow the removal of the mature trees with the provision in place to replace the two trees with a dozen 24 inch box trees. Commissioner Meyer-Kennedy inquired whether there would be Site and Architectural review of the landscaping if changed. Mr. Haley replied that this would be reviewed by SARC. Commissioner Perrine suggested that the two houses currently on the property be demolished, leave the existing trees on the Phase II site and ensure that no weeds or debris be allowed to accumulate during construction. Mr. Scott Schulzie, 165 Shelley Avenue. There is currently debris on the property and wondered when it would be cleared. Planning Commission Minutes of October 12, 1993 Page 7 Mr. Haley replied that the Provision in Condition 10 and current Municipal Code required that no fire hazard be allowed on the property such as debris and weeds. Staff is currently working with the property owner to have the existing debris removed from the site. Commissioner Perrine added that sometimes the project applicant is not yet the property owner until the project is approved and funded. MOTION: On motion of Commissioner Perrine, seconded by Commissioner Meyer-Kennedy, the hearing was unanimously closed. (5-0-0). MOTION: On motion of Commissioner Commissioner Lindstrom the recommends that the City Council: 1) 3) 2) 4) Akridge, seconded by Planning Commission Grant a Negative Declaration. Adopt Resolution 2879 approving a Zone Change from R- M-S (Multiple-Family Residential to PD (Planned Development. Adopt Resolution 2880 approving the Tentative Subdivision map (TS 93-04); and Adopt Resolution 2881 approving Planned Development (PD 93-02); Existing trees are to be retained in Phase II area until completion of Phase I and commencement of construction on Phase II. Phase II is to be kept free and dear of trash, debris, and weeds in the interim period between construction of Phase I and Phase II. by the following roll call vote: AYES: NOES: ABSENT: Alne, Akridge, Lindstrom, Meyer-Kennedy, Perrine None None Chairperson Alne read Item No. 3 into the record. Planning Commission Minutes of October 12, 1993 Page 8 3. UP 93-13 Public Hearing to consider the application of the Hagman Group, on behalf of Hunter Properties, for approval of a Conditional Use Permit to allow the establishment of a bookstore (Barnes & Noble) on property located at 1650 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. Mr. Steve Piasecki, Community Development Director, presented the staff report as follows: · Project is located within Hamilton Plaza, located on the southeast corner at Hamilton and S. Bascom Avenues. · The applicant is requesting a Conditional Use Permit to allow the establishment of a Barnes & Noble bookstore in the former Liquor Barn space which includes approximately 14,000 square feet. · Staff has determined that the use of the site will not intensify the traffic and parking needs of the center from that of the previous tenant. · There is a proposed architectural modification of the front entrance which was reviewed and approved by the Site and Architectural Review Committee. · Staff recommends approval of this request. Public Hearing re Item No. 3 There were no parties interested in addressing this project. MOTION: On motion of Commissioner Perrine seconded by Commissioner Alne, the hearing was unanimously closed. (5- 0-0). MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Alne, the Planning Commission adopts Resolution 2882 approving a Conditional Use Permit allowing the establishment of a Barnes & Nobel bookstore on property located at 1650 S. Bascom Avenue, by the following roll call vote: AYES: NOES: ABSENT: Alne, Akridge, Lindstrom, Meyer-Kennedy, Perrine None None Planning Commission Minutes of October 12, 1993 Page 9 Chairperson Alne read Item No. 4 into the record. 4. UP 93-11 Public Hearing to consider the application of Ms. Katherine Waters, on behalf of Waters & Horn, for approval of a general on sale beer and wine liquor license for an existing deli (Schlotzsky's Deli) located at 1822 S. Bascom Avenue in a PD (Planned Development) Zoning District. Mr. Tim Haley, Associate Planner, presented the staff report as follows: Applicant is seeking a Conditional Use Permit to allow beer and wine sales in an existing deli. Site is located at Ridgeley and S. Bascom avenue in a mixed use shopping center and is zoned for commerdal use. · Deli has 49 seats and a parking ratio of 1:207. · Project is consistent and compatible with the shopping center. · Staff recommends approval. Public Hearing re Item No. 4 There were no parties interested in addressing this project. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Akridge, the hearing was unanimously closed. (5-0-0). MOTION: On motion of Commissioner Perrine, seconded by Commissioner Akridge, the Planning Commission adopts Resolution 2883 approving a Conditional Use Permit to allow a general on sale beer and wine liquor license for an existing deli (Schlotzsky's) located at 1822 S. Bascom Avenue, by the following roll call vote: AYES: NOES: ABSENT: Alne, Akridge, Lindstrom, Meyer-Kennedy, Perrine None None REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted with the additional highlights: Planning Commission Minutes of October 12, 1993 Page 10 Commissioners Alne and Perrine will participate in interviews to select the Architectural Advisor on Thursday, October 14, 1993. The City Council will interview candidates for the Planning Commission on Thursday, October 21, 1993 and may immediately make appointments for the two current vacancies. The City Council conducted a study session regarding the Open Space Implementation on Tuesday, October 12th. The Plan will go to the City Council for a public hearing on Monday, October 25, 1993. ADJOURNMENT The Planning Commission meeting adjourned at 8:15 p,m,, to the next regularly scheduled Planning Commission meeting of October 26, 1993, at 7:30 p,m,, in the Council Chambers, City Hall, 70 North First Street, Campbell, California, ) ~ '(/~~. Respectfully submitted: C~rin~r~. Shii:~ln, Recording Secretary APPROVED ~ ~~~~(__ Stev~iasecki?3ecr~tary