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PC Min 11/09/1993CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY NOVEMBER 9, 1993 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of November 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: Commissioner: Commissioner: Commissioner: I. Alne Mel Lindstrom Jane Meyer-Kennedy Jay Perrine Commissioners Absent: Commissioner: Lee Akridge Staff Present: Community Development Director: Steve Piasecki Associate Planner: Tim Haley City Attorney: William Seligmann Reporting Secretary: Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Perrine, the Planning Commission minutes of October 26, 1993, were approved (4-0-1; Commissioner Akridge was absent). SPECIAL PRESENTATION Resolution No. 2884 was approved (4-0-1; Commissioner Akridge was absent) commending outgoing Architectural Advisor, Pam Warren-Ruggieri, for her contributions to the City. Ms. Warren-Ruggieri's resolution will be forwarded to her by mail as she was unable to attend the Planning Commission meeting. Planning Commission Minutes of November 9, 1993 Page 2 COMMUNICATIONS There were no communications. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no agenda modifications or postponements. ORAL REOUESTS There were no oral requests. PUBLIC HEARINGS Chairperson Alne read Item No. 1 into the record. 1. R 93-04 Public Hearing to consider the application of Mr. Steve (PD 89-16) Saray for approval of a Reinstatement of a previously approved Planned Development Permit (PD 89-16) to allow the construction of Phase II of a townhome development (Latimer Villas) consisting of three new units (six units already completed) on property located at 65-85 E. Latimer Avenue in a PD (Planned Development) Zoning District. Mr. Tim Haley, Associate Planner, presented the staff report noting the following: Applicant is seeking Reinstatement of a previous Planned Development approval. Original approval expired on July 2, 1993 and applicant is asking for a one-year extension · Original approval allowed for the construction of nine townhomes, six of which have been completed. · Project density of 11.9 is consistent with zoning which allows 6-13 units per gross acre. · Staff recommends that the Planning Commission adopt a Resolution with a revised development schedule and conditions of approval. Public Hearing re Item No. 1 Mr. Steve Saray, applicant. Explained that his lender has required that he build the project in two phases. He was required to have sold 75% of the first phase prior to building the second phase. At this point, all but one unit have been sold. MOTION: On motion of Commissioner Perrine, seconded by Commissioner Meyer-Kennedy, the Planning Commission unanimously moved to close the Public Hearing. (4-0-1; Planning Commission Minutes of November 9, 1993 Page 3 MOTION: AYES: NOES: ABSENT: Commissioner Akridge was absent.) On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lindstrom, the Planning Commission adopts Resolution No. 2885 approving a Reinstatement to allow the construction of Phase II (three units) of Latimer Villas, located at 65-85 E. Latimer Avenue, subject to the Conditions of Approval, by the following roll-call vote: Alne, Lindstrom, Meyer-Kennedy, Perrine None Akridge Chairperson Alne read Item No. 2 into the record. 2. HPB 93-01 ZC 93-06 Public Hearing to consider the application of Tanya and Todd Lonac to designate the structure (the "Bull House") located at 81 N. First Street as a Historic Landmark and a Zone Change on said property from a PD (Planned Development) Zoning District to a PD-H (Planned Development/Historic Overlay). Mr. Steve Piasecki, Community Development Director, presented the staff report as follows: · Residence was built in 1912 and represents a typical middle-class Colonial cottage from that time period. · The request for Historic Designation has been made by the current property owners. · The Historic Preservation Board reviewed the applicant's request and recommends approval. · Staff recommends approval of the Historic Designation and Zone Change to PD-H (Planned Development/Historic Overlay). Public Hearing re Item No. 2 There were no parties interested in addressing this item. MOTION: On motion of Commissioner Meyer-Kennedy, seconded by Commissioner Lindstrom, the Planning Commission unanimously moved to close the Public Hearing. (4-0-1; Commissioner Akridge was absent.) Planning Commission Minutes of November 9, 1993 Page 4 MOTION: AYES: NOES: ABSENT: On motion of Commissioner Lindstrom, seconded by Commissioner Meyer-Kennedy, the Planning Commission adopts: · Resolution No. 2886 approving the designation of the residence at 81 N. First Street (the "Bull House") as a Historic Landmark; and · Resolution No. 2887 to approve a Zone Change on said property from PD to PD-H (Planned Development/Historic Overlay), by the following roll-call vote: Alne, Lindstrom, Meyer-Kennedy, Perrine None Akridge MISCELLANEOUS Chairperson Alne read Item No. 3 into the record. 3. SA 93-31 Hearing to consider the application of Mr. Bob Knollmiller, on behalf of MacFrugals, for approval of a sign application on property located at 1581 W. Campbell Avenue in a C-2-S (General Commercial) Zoning District. Mr. Tim Haley, Associate Planner, presented the staff report as follows: Applicant is seeking approval of a sign request that allows a greater area and height than provided under the Sign Ordinance. Under the Sign Ordinance, the maximum square footage allowed is 50 square feet and the maximum height is 14 feet. · Proposed signage includes a height of 17 feet. · Staff finds the sign area reasonable but suggests the height be reduced to 14 feet. This would be consistent with previous approvals. Commissioner Perrine questioned the intent regarding how to adjust the height of the sign. Mr. Tim Haley, Associate Planner, responded that the recommendation is that the freestanding sign be lowered by three feet so that the highest portion of the sign is no taller than 14 feet. Planning Commission Minutes of November 9, 1993 Page 5 Mr. Bob Knollmiller, 6805 Sierra Court, Dublin. representing the Sign Company. · Expressed his appreciation to a cooperative Site and Architectural Committee. · Agrees with staff on every suggestion with the exception of the height. If the height is limited to 14 feet, the sign will be but 3.5 feet off the ground which will reduce visibility and allow for the potential of defacing by graffiti and/or vandalism. Commissioner Meyer-Kennedy asked for a comparison between the sign at Kirkwood Plaza and this proposal. Mr. Tim Haley, Assodate Planner, replied that the sign at Kirkwood complied with the 14 foot height requirement. Mr. Bob Knollmiller, continued. · Feels that it is impossible to have a sign of this size so low off the ground. · Believes he has cooperated fully with the desires of the Site and Architectural Committee and agrees with the square footage requirement but not the height. Commissioner Lindstrom inquired whether the portion of the sign reading "Wing Center" needed to be as large as it was being presented. Mr. Bob Knollmiller, replied that it was not required to be so large. Chairman Alne asked why the sign could not be wider rather than taller and whether the applicant could adjust the sign so that no portion is taller than 14 feet. Mr. Tim Haley, Associate Planner, recommended that the Commission allow the applicant to work with staff to develop a compromise sign that will incorporate the 14 foot height with the exception of any architectural embellishments that contain no copy. Chairman Alne inquired whether the Commission was comfortable with staff and the applicant developing a final sign plan. Commissioner Perrine and Mr. Tim Haley agreed that this could be handled at staff level with the applicant. Planning Commission Minutes of November 9, 1993 Page 7 Chairman Alne asked about the cost in obtaining a Conditional Use Permit to which Mr. Tim Haley replied, "approximately $1,500." Chairman Alne expressed concern that the applicant would have to sell a lot of puppies to recover this fee. Commissioner Perrine expressed concern about the live animals but has no concerns regarding pet supplies and food. Commissioner Meyer-Kennedy inquired whether the Dolphin Pet Center had obtained a Use Permit. Mr. Steve Piasecki, Community Development Director, replied that while staff was uncertain of the answer, he believed that Dolphin may have been established prior to the requirement of Conditional Use Permits for pet store use. Commissioner Perrine inquired whether this determination was based upon a specific application or location. Mr. Tim Haley replied that there is an applicant interested and based upon the Planning Commission's determination, that applicant will submit an application. He suggested that the matter be tabled for one month to allow staff the opportunity to further develop criteria for allowing retail pet stores within the C-1-S (Neighborhood Commercial) Zoning District. Mr. John Gabor, the potential applicant, clarified his interest: · His proposal is for a shop with only small animals and fewer than six at any given time. They are considering taking the animals home each evening rather than leaving them in the shop overnight. Animals will be from California and certified. In addition to puppies, the shop would have parrots, parakeets and canaries. MOTION: On motion of Commissioner Perrine seconded by Commissioner Meyer-Kennedy, the Planning Commission unanimously approved to continue discussion regarding a determination to allow retail pet stores within C-1-S Zoning Districts to the next Planning Commission meeting, December 14, 1993, to allow staff to further research and handle areas of concern raised by the Commission. (4-0-1; Commissioner Akridge was absent.) Planning Commission Minutes of November 9, 1993 Page 6 Mr. Tim Haley asked for clarification of perimeters. The clarification was that the sign may include the wording "Wing Center" within the omega and that a slight (1-2 foot) height variation would be allowed to accommodate the architectural embellishments. MOTION: On motion of Commissioner Lindstrom, seconded by Commissioner Perrine, the Planning Commission unanimously moved approve the sign application subject to final negotiations with staff and minimal variation from the Sign Ordinance. If there is any problem in finalizing at staff level, this matter will be brought back to the Planning Commission for final decision. (4-0-1; Commissioner Akridge was absent.) Chairperson Alne read Item No. 4 into the record. o Planning Commission Interpretation Hearing to consider the request of Mr. J. Christopher Gabor to allow a retail pet store in a C-1-S (Neighbor- hood Commercial) Zoning District as a permitted use. Mr. Tim Haley, Associate Planner, presented the staff report as follows: Staff is received a request to allow a retail pet store in a C-1-S Neighborhood Commercial) Zoning District. · Under the Zoning Ordinance, Planning Commission may make a determination to allow uses not spedfied within the Ordinance. The C-2- S Distict allows for animal hospitals. · Staff recommends adoption of a resolution. Chairman Alne expressed reservations. If problems exist with other types of businesses within a Neighborhood Commercial Zoning District they can generally be resolved by operating hours or other manageable means. Animal behavior, noise and odors cannot be controlled as easily. Mr. Tim Haley, Associate Planner, mentioned that upon review of other local cities, some allow this use under Ordinance and others with a Use Permit. Suggested that the Commission has several options in this request including a better definition (with limitations of animal size and quantity) or the requirement of a Conditional Use Permit prior to approval of any particular establishment. Planning Commission Minutes of November 9, 1993 Page 8 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Mr. Steve Piasecki, Community Development Director, was accepted with the additional highlights: · Recommends that the Commission adjourned the meeting of November 23, 1993, due to a lack of agenda items. It is also suggested that the December 29, 1993, meeting be canceled for the same reason. This will be considered at the meeting of December 14, 1993. · At the December 14, 1993, meeting the next chair will be elected. Respec~ submitted: APPROvEDB~y?-~ ADIOURNMENT The Planning Commission meeting adjourned at 8:30 p.m., to the next regularly scheduled Planning Commission meeting of December 14, 1993, at 7:30 p.m., in the Council Chambers, City Hall, 70 North First Street, Campbell, California. (The regularly scheduled meeting of November 23, 1993, has been canceled due to a lack of agenda items.) Steve Piasecki, Secretary